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AirTalk

AirTalk for February 21, 2012

Affirmative action boasted equal opportunity for minorities when it was enacted in the 1960s.  But times have changed, argues former Affirmative Action advocate and LA Times columnist Gregory Rodriguez.
A more conservative Supreme Court is being asked to ban the University of Texas' affirmative action rule in its admissions decisions, and possibly to cast off the earlier ruling completely.
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Mario Tama/Getty Images
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Listen 1:35:09
SCOTUS to examine the constitutionality of affirmative action in higher ed. Sexual abuse allegations against teachers increase in the wake of Miramonte scandal. Is the Academy a white boys club? J. Edgar Hoover and the hidden history of the FBI.
SCOTUS to examine the constitutionality of affirmative action in higher ed. Sexual abuse allegations against teachers increase in the wake of Miramonte scandal. Is the Academy a white boys club? J. Edgar Hoover and the hidden history of the FBI.

SCOTUS to examine the constitutionality of affirmative action in higher ed. Sexual abuse allegations against teachers increase in the wake of Miramonte scandal. Is the Academy a white boys club? J. Edgar Hoover and the hidden history of the FBI.

SCOTUS to examine the constitutionality of affirmative action in higher ed

Listen 23:50
SCOTUS to examine the constitutionality of affirmative action in higher ed

The Supreme Court has agreed to hear a case that will affect the future of affirmative action at the nation’s colleges and universities. This case is an appeal from a white student in Texas who seeks an end to "racial preferences" in college admissions but since the court’s calendar is filled through the spring, the court will not hear arguments until October.

In 1978, by a 5-4 vote the Supreme Court ruled that universities can consider race as a factor in admitting new students. Then in 2004, the high court confirmed that view in another 5-4 ruling but Justice Sandra Day O’Connor retired soon afterward and was replaced by Justice Samuel Alito. In 2007, Justice Alito and Chief Justice John Roberts joined together in a ruling that banned the use affirmative action in elementary or high schools to achieve racial balance.

The case to be heard before the Supreme Court in October, Fisher vs. University of Texas, will give the court present configuration the chance to rule on the constitutionality of affirmative action in higher education.

California already has a constitutional ban on affirmative action in higher education. In November of 1996, 54% of voters accepted Proposition 209 which amended the state constitution to prohibit state government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting or public education. That ruling has been challenged but in August of 2010, the California Supreme Court found for the second time that Proposition 209 was constitutional. Five Supreme Court justices are thought to be opposed to “racial balancing” policies and Justice Elena Kagan has recused herself in the Fisher case.

Guest:

Joshua P. Thompson, Staff Attorney, National Litigation Center, Pacific Legal Foundation, described as a public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection

George Washington, Attorney with the Coalition to Defend Affirmative Action (BAMN) and Scheff, Washington & Driver, a labor and civil rights law firm in Detroit

Sexual abuse allegations against teachers increase in the wake of Miramonte scandal

Listen 23:39
Sexual abuse allegations against teachers increase in the wake of Miramonte scandal

A new report reveals that, in the weeks leading up to the arrest of Miramonte Elementary school teacher Mark Berndt, the Los Angeles Unified School District received exactly zero complaints of teacher misconduct. The week after? Nine complaints.

The report was created by the assistant superintendent of school operations for LAUSD, Earl Perkins, who used a relatively new computerized reporting and tracking system to find the data. According to Perkins, the complaints range from teachers possessing pornography, to engaging in a sexual relationship with a student, to rape.

After a janitor at an elementary school in Chatsworth was arrested, police said the mother of the alleged victim came forward because of publicity surrounding the Miramonte case. As it turns out, an increase in reporting is a common occurrence in the wake of high-profile sexual abuse cases. After news broke that former Penn State assistant coach Jerry Sandusky had allegedly abused several boys over the course of many years, calls to a local child abuse hotline doubled.

Lindsey Combs-Ronto, director of research and training and Supervising Forensic Evaluator at the Harbor UCLA Child Crisis Center, said the influx of complaints that comes with a newsbreak is a double-edged sword.

“It is the case that more true victims do come forward, because it removes that stigma that often comes attached to being a victim of sexual abuse,” she said. “At the same time, other kids, other parents, other teachers – they become more hyper-vigilant about action from others and tend to report more and more things.”

Moreover, Combs-Ronto said attention-seeking kids themselves may come forward with allegations that are untrue.

“There’s still panic often, over child sex abuse, particularly when you have a really highly publicized case, like what’s going on in Miramonte,” said Debbie Nathan, author of “Satan's Silence: Ritual Abuse And The Making Of A Modern American Witch Hunt,” a book about high-profile sexual abuse cases in the 80’s and the panic they set off.

According to Nathan, the case’s bizarreness makes it compelling to the media. She said that in New York, where she resides, everybody is talking about Miramonte. “The case becomes in parents’ minds a local problem, even in places 3,000 miles away, because they’re watching it on the media twice a day,” she added.

Forensic psychologist and expert witness in child sexual abuse cases Glenn Lipson described the mania, saying that “now you have plaintiff attorneys who are going out to Miramonte, [...] they’re likely to find any kid who ate a cookie. And when parents ask questions, they’re going to ask the sort of leading questions, and parents are going to be looking to find out if their child was abused, and they may end up with statements that are going to lead into the listing of more and more plaintiffs.”

Still, Lipson said he welcomes any allegations, even if they end up being false. Lipson went on to say that what’s important is training people to properly decipher fact from fiction. “You have to really train people in terms of policy, gut-checks. Reporting of suspicions is for that reason — it’s just to take away the smoke and find out there’s no fire,” he said.

Lindsey Combs-Ronto of the Harbor UCLA Child Crisis Center also encourages people to speak out. “I think what people often believe is when they report, they’re actually accusing someone of doing something but they’re really not. They’re saying that they have a question about a particular situation, and it’s not their capacity to investigate,” she said.

WEIGH IN:

What’s behind the outbreak in reporting? Is it because awareness is increasing among parents, students, teachers and administrators? Or do victims who were afraid to come forward now think their story will be believed? Could media furor over alleged abuse fuel panic and a heightened level of sensitivity? Is there a chance that people will make false accusations in an effort to be part of the story? What’s the cause of the increase in sexual abuse accusations at LAUSD? How does media coverage impact sexual abuse cases?

Guests:

Lindsey Combs-Ronto, PhD, Director of Research and Training and Supervising Forensic Evaluator, Harbor UCLA Child Crisis Center

Debbie Nathan, journalist, author of “Satan's Silence: Ritual Abuse And The Making Of A Modern American Witch Hunt.” A book about high-profile sexual abuse cases in the 80’s and the panic they set off.

Glenn Lipson, PHD, forensic psychologist, expert witness in child sexual abuse cases, has developed a training to prevent sexual misconduct in schools.

Is the Academy a white boys club?

Listen 30:40
Is the Academy a white boys club?

There are nearly six thousand people that vote to award a little golden man to the best of the best in filmmaking every year, but who those nearly six thousand people are has been a mystery until now. The Los Angeles Times has done an exhaustive study of the people who actually makes up the academy. And while voters certainly consist of a who’s who of Hollywood, it’s also overwhelmingly white, older and male.

According to the study, 94% of all Oscar voters are white, and 77% of those are men. Less that 4% of voters are either Black or Latino, less than a fifth are under the age of 50 and the majority of them have never even been nominated for an Oscar let alone won one. The men, and to a lesser extent women, who are voting for the academy awards more closely resemble the U.S congress than the general movie going public.

WEIGH IN:

Is this simply a reflection of who actually works in the industry? Does this have an impact on the types of movies that win, and the type of films that are being made? Should the academy make an effort to diversify their roster?

Guests:

John Horn, Film Writer for the Los Angeles Times

Tom Sherak, President, Academy of Motion Picture Arts and Sciences

J. Edgar Hoover and the hidden history of the FBI

Listen 16:59
J. Edgar Hoover and the hidden history of the FBI

The FBI is supposed to be the nation’s police force but the bureau’s primary mission is secret intelligence. In Tim Weiner’s new book “Enemies” the author tells the story of how presidents have used the FBI as the most important intelligence force in American history.

Using extensive research into previously unavailable materials, Weiner looks at how the FBI has fought against anyone it deemed subversive, including terrorists, spies, and sometimes even American presidents. “Enemies” examines how the FBI’s secret intelligence and surveillance techniques have long created tension between the need to protect national security and the infringement on civil liberties.

Through a detailed examination of the FBI’s notorious director J. Edgar Hoover, the author, whose work on the Pentagon and the CIA won him the Pulitzer Prize and the National Book Award, reveals how the historic tug between surveillance and civil rights strained (and still strains) the very fabric of a free republic.

Is it worth it? Can we tolerate the FBI’s secret surveillance techniques in order to achieve national security?

Guest:

Tim Weiner, author of "Enemies: A History of the FBI" (Random House)