Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

  •  

    Site Meter

The Culture of Cynicism Eats Its Own

posted by Frank Pasquale

Americans, so we have been told endlessly by the media, hate politicians. . . and their natural henchmen, lawyers. The press fearlessly confronts official misdeeds, subtly educating the populace about the rottenness of its elected leaders. And once wasteful lawsuits are finally cleared out of the courts, captains of industry will be free to exercise the innovative genius that can make the country great again.

Yet this acid cynicism about politicians and lawyers, like a sorcerer’s apprentice, is tough to control. And it now appears to be blowing back onto the very journalists and business leaders that have deployed it so successfully over the past few decades.


Consider first the backlash to the backlash about “bittergate.” Having “exposed” Barack Obama’s unforgivable hauteur, the media exhibited its own in the process. For example, here’s Frank Rich on tribune of the people Lou Dobbs:

However out of touch Mr. Obama is with “ordinary Americans,” many Americans, ordinary and not, have concluded that the talking heads blathering about blue-collar men, religion, guns and those incomprehensible “YouTube young people” are even more condescending and out of touch. When a Washington doyenne like Mary Matalin, freighted with jewelry, starts railing about elitists on “Meet the Press,” as she did last Sunday, it’s pure farce. It’s typical of the syndrome that the man who plays a raging populist on CNN, Lou Dobbs, dismissed Mr. Obama last week by saying “we don’t need another Ivy League-educated knucklehead.” Mr. Dobbs must know whereof he speaks, since he’s Harvard ’67.

And Hendrik Hertzberg:

If Gibson and his partner, George Stephanopoulos, had halted their descent at the level of the fatuous, that would have been bad enough. But there was worse to come. In the seven weeks since the previous Clinton-Obama debate, the death toll of American troops in Iraq had reached four thousand; the President had admitted that his “national-security team,” including the Vice-President, had met regularly in the White House to approve the torture of prisoners; house repossessions topped fifty thousand per month and unemployment topped five per cent; and the poll-measured proportion of Americans who believe that “things have pretty seriously gotten off on the wrong track” hit eighty-one per cent, a record. Yet for most of the next hour Gibson and Stephanopoulos limited their questioning to the following topics . . . .

You’ve heard them all before; no need to reprint them here. But there’s always room for Thomas Frank’s skewering of the populist pretensions of the media elite:

[Consider] Sam Walton, [an] . . . enemy of workers’ organizations . . .Didn’t he have a funky Southern accent of some kind? Surely such a mellifluous drawl cancels any possibility of elitism.

It is by this familiar maneuver that the people who have designed and supported the policies that have brought the class divide back to America – the people who have actually, really transformed our society from an egalitarian into an elitist one – perfume themselves with the essence of honest toil, like a cologne distilled from the sweat of laid-off workers. Likewise do their retainers in the wider world – the . . . pundits who lovingly curate all this phony authenticity – become jes’ folks, the most populist fellows of them all.

Where’s it all leading to? Here’s one clue from Floyd Norris, discussing Steven Fraser’s book on the story of Wall Street:

“By the time of the American Revolution there was already a robust plebeian resentment of the aristocrat as parasite, a privileged nonproducer living off the hard labor of those he lorded over,” Fraser writes. It has not helped that the financial lords have not always been subtle about their superiority, as when Jay Gould, the robber baron who ran railroads in the late 19th century, boasted he could hire one half of the working class to kill the other half.

It is one thing to be seen as venal but brilliant, and another to be seen as both greedy and stupid. That is the risk Wall Street now faces.

As Fraser says in writing about the aftermath of the 1929 crash, “Wall Street had proved itself not only ethically challenged and dangerously omnipotent but, more damning than that, omni-incompetent.” And he continues: “During the boom years of the 1920s, the white-shoe world of J. P. Morgan had accepted credit for the nation’s good fortune and been portrayed as a conclave of wise men. Now, under the new circumstances of economic ruination, that same world was treated as criminally irresponsible, pathetic even, an object not only of censure but of mockery. And there is perhaps nothing more fatal for the life expectancy of an elite than to be viewed as ridiculous.”

Both Wall Street and the press appear to be at risk of suffering the same fate as the politicians they’ve undermined.

UPDATE: Scott H. Greenfield of Simple Justice asks (apropos of Dobbs): “Since when did being smart turn into a deficit, a failing to be ridiculed?”


 April 22, 2008 at 12:23 am   Posted in: Culture   Print This Post Print This Post

Responses (4)

  1. Howard Wasserman - April 22, 2008 at 9:30 am

    Great post. These criticisms of the press’s faux populism/watchdogging are similarly reflected in the faux “journalistic heroism” of Judith Miller during Scooter Libby debacle, where Miller’s concern was as much about protecting the sources and access that enabled her to function as a mouthpiece for the administration and those in power.

  2. Maryland Conservatarian - April 22, 2008 at 10:40 am

    Thomas Frank, huh…Reading Mr. Frank has taught me that liberals vote against their economic interest because their enlightened, good people and others vote against their economic interests (in other words they vote for Republicans) because they’re misguided morons.

    Sam Walton and his company do more in one hour to provide jobs and save people money than Barack Obama, John Edwards, Bill Ayers and Al Gore (to name just a few of the sainted) collectively have or probably will do in a lifetime.

  3. Joseph Slater - April 22, 2008 at 10:42 am

    I second the “great post” comment. I hope Obama does better-than-expected in PA for a variety of reasons, but one would be that it would show that people really aren’t buying this substance-less “gotcha” attacks.

  4. shg - April 22, 2008 at 5:53 pm

    Our conservative friend assumes that we have to chose between Sam Walton and Barak Obama. We need both, just in their respective places filling their respective functions. Either one, without the other, would prove problematic.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress