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March 01, 2012


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Derek Black

Thanks for this post. It is a nice contrast to mine last week on the chimp cartoon. There was enough ambiguity in the chimp cartoon that the racism/discrimination was in the eyes of the beholder. Maybe I am too blinded by my own eyes, but I don't see the ambiguity here (though I am sure some give him the benefit of the doubt). His attempt to raise ambiguity through his response is hard to believe. He is positing that one can knowingly engage in racist activity, but not be racist because he lacked racist intent. This streigned form of intent makes sense for undercover law enforcement, but very little elsewhere. Thus, the law as a general matter rejects this concept of intent. I would think that anyone with the experience and education of a judge would do the same.

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