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Gary Blasi
Law
By 1991, Los
Angeles attorney Gary Blasi had compiled an enviable record. He
was a 20-year veteran of the activist left,
was deeply engaged in questions of public policy, and, despite his lack
of
formal schooling in law, had risen to a top legal position. The
world looked at Blasi and saw all these things.
But when UCLA squinted just so, they saw something different: golden
material for a new law professor.
That year, UCLA
finally consummated its academic crush and hired Blasi away from his preeminent
position with the Legal Aid Foundation of Los Angeles. While it’s inevitable
that almost any large organization will eventually hire a train-wreck
candidate
by accident, UCLA’s employment offer was no mistake.
A thorough review of Blasi’s record, both
before and after his arrival, confirms that UCLA’s hiring committee
knew
exactly what they were getting. Which
was, of course, the entire activist radical package.
Blasi is a hardcore partisan for affirmative
action, an ACLU stalwart, a union-studies apologist, and a long-time
opponent
of foreign military engagements in virtually any form.
Arising in particular from his work with the
Legal Aid Society, Blasi is a fierce advocate for the welfare state and
ever-increasing rights for the homeless.
Looking
at Gary Blasi’s history helps in large part to explain UCLA Law’s
perverse
desire to hire Blasi. Part of the evident
attraction was the naughty thrill of employing as a professor someone
who had
never taken a single class in a law school himself.
Blasi had in fact “studied the law,” a term
for self-directed legal study, overseen by an accredited attorney, in
preparation for his state bar exam. This
rarely-utilized method of preparation is allowed in a handful of
states,
including California. In its own way, that
Blasi still passed the California bar exam is arguably more remarkable
than doing
so after three years in a normal law school. While
Blasi’s hire presented a serious question of
credibility, the
relevant decision-makers evidently felt that his twenty years in
political
advocacy was sufficient asphalt to fill his potholed resume.
After
Blasi passed the exam and joined the State Bar of California in 1976,
he hooked on with a ‘community’ legal firm in Echo Park alongside
one William G. Smith. In the eulogy he delivered
at Smith’s funeral, Blasi recalled the
pioneering role both Smith
and the firm played in creating “draft law.” In
judging whether draft law was anything more that
draft-dodging law, it is useful to consider
Blasi’s views on the Vietnam War as he expressed them at Smith’s
funeral. Blasi spoke of a “war machine”
that sent “cannon
fodder” “ghetto kids…off to die in the rice paddies.”
But thanks to Smith’s hard work, Blasi said,
“thousands of people my age did not die in Vietnam, or come home
crippled in
body or mind, or participate in the atrocities there.”
In our modern
time, Blasi has kept Smith’s Vietnam era
anti-war spirit alive with his own activism against the War on Terror. On August 9, 2002, Blasi participated in a Melbourne,
Australia conference titled, “‘War on
Terrorism’: Democracy Under Challenge.” According
to the Green Left Weekly, Blasi “described
the heavy encroachments on civil liberties in the US following
September 11.” That is all so much
worthless
sloganeering. As his views of the
Vietnam War reveal, Blasi is not concerned about the serviceman, only
about
denigrating the United States and impeding its ability to conduct
necessary
military operations. As part of a
broader anti-war left in the ‘60s and ‘70s, Blasi worked successfully
to end a
winnable (and winning) war. Blasi would
no doubt like to do the same today by bandying about flimsy charges of
civil
liberties
infringements.
There is a
certain amount of irony to be found in Blasi’s self-contradictory
statements,
some of which occur within the same speech. At
a November
2003 Berkeley Law conference, Blasi
delivered the sweeping warning: “Beware
of people who appear to have it all figured out.” Blasi
then immediately contradicted his
warning by presenting an all-encompassing theory on the supposed
troubles that
beset left-wing jurisprudence. “The
wealthy and the right wing have captured the initiative in this
country,” Blasi
moaned, because “they have cleverly figured out how to convert being
against
something into a positive vision.” In
Blasi’s view, this masquerade means only “freedom for the wealthy and
freedom
for the lucky.” Expanding on this dark
vision, Blasi appealed to the sainted memory of Franklin Delano
Roosevelt,
urging a restoration of FDR’s “four freedoms.” Apparently
unaware of the vision of the Founding
Fathers or a plain
reading of the Constitution, Blasi asked, “Isn’t there more freedom
than
freedom
from the government?” Blasi then closed
his remarks with the self-righteous (and, considering his preliminary
disclaimer,
self-contradictory) statement, “We have one advantage I think in this
dialogue,
and that is that the message that we have is the truth” [sic]. Disregarding his flaky views and misread
history, one notes in particular Blasi’s use of a conspiratorial “we.” Assuming that Blasi is not using ‘we’ in the
royal sense, one can only conclude that he viewed his audience as a
politically
monolithic shoulder on which to cry. Such
an academic conference, characterized by
Blasi’s odious preaching
to the choir, is neither educational, nor worthy of a UCLA professor. But it’s also an entirely typical occurrence,
at Berkeley or elsewhere.
Despite
appearances to the contrary, Blasi did not cease his career of legal
and
political advocacy at the time that he became a UCLA professor. During his 20 years in the deceptively named
field of public interest, Blasi had earned for himself a preeminent
role in media
and in activist circles. While it would
have taken a concerted effort to set that work aside, Blasi did not
even make
an attempt. In truth, there was little
pushing him to do so. His new UCLA
position virtually begged him to use UCLA’s good name, and the labor of
idealistic young students, to his own partisan ends – all under the
banner of
‘public interest’ law, of course.
While
his early history at UCLA is not immediately available, current sources
indicate that Blasi now exclusively teaches clinical and public
interest
courses. Clinical courses, which involve
students doing real legal work under the professor’s supervision, give
Blasi
the greatest latitude for directing research and advocacy at targets of
his
choosing. In 1999, Blasi and twelve
students from his “Law 406: Public
Policy Advocacy” course undertook five
long months of research that
culminated in the well-known
report, “Who is Accountable to Our Schoolchildren?:
Conditions in California Public Schools at the Beginning of the
Millennium.” The report painted a
distressingly portrait of
the crumbling physical plant of many California K-12 schools. The report also revealed legal research
confirming that few if any laws specifically protected the students
attending
these substandard schools.
There
is no doubt that most if not all of the charges were true.
But Blasi, par for his politics, was quick to
blame those heartless government-questioning conservatives for the
historical
decline in per-capita student spending. Setting
aside the debate of who to blame, or how to solve the problem, there is
another
important question. Out of California’s
myriad problems, why did Blasi choose the issue of educational access?
One
clue comes in identifying what group or individual got the
greatest mileage out of the report. As
it turns out, the report was the catalyst for a major ACLU lawsuit, Williams vs. State of California, which
resulted in a new set of processes for reporting and correcting
problems at
state schools. For producing such rich
grist for the ACLU’s mills, the group honored Blasi and his students at
the
ACLU’s 39th
Annual Garden Party on June 10, 2001. Several
months later,
Blasi won the ACLU’s 2002 “Distinguished
Professor Award” at an awards ceremony
in the Millennium Biltmore Hotel. Unreported
through
all this hoopla (at least until later) was that Blasi was spurred into
this
investigation by an ACLU
attorney looking for legal advice on the case of a
Northern California school that was not properly heated.
This raises an ethical question: should a
state employee (like a UCLA professor) be acting as an unpaid
researcher for a
partisan organization with its own multi-million dollar budget? And another important question: why was an
ACLU lawyer calling Blasi in the first place? The
answer, at least in part, is that Blasi, during
his time with the
Legal Aid Society, had engineered a coalition of six public-interest
law groups
under the name “The Homeless Litigation Team.” One
of the six participating organizations was none
other than the
ACLU. In light of these revelations,
Blasi’s choice of topics, and the subsequent manner in which the
research was
used, takes on the appearance of ACLU custom ordering research
courtesy of
the student workforce commanded by an old progressive crony. Best of all, from the perspective of the ACLU
is that the research report cost them nothing, and carried the
seemingly
independent academic imprimatur of UCLA.
Another relevant
question for UCLA is whether Blasi’s clinical program actually
encourages, or
even tolerates, advocacy work on issues outside of his narrow radical
agenda. Given Blasi’s history, there are
serious
questions whether students could muster his support or even approval
for working
on issues like land rights, reverse racism, or 2nd Amendment
policy. A look at Blasi’s
publicly-recorded support for Rooseveltian statism, and his sweeping
claim that
only liberal views are backed by truth, does nothing to dispel such
reasonable
concerns. In his specific clinical work,
Blasi’s conception of ‘public interest’ appears to be limited to legal
action that
preserves, expands, or creates (via judicial fiat) welfare-state
programs. While a few other schools have
adopted this
narrow conception of the field, one wonders whether this is the kind of
“leadership”
for which Chancellor Albert Carnesale would like UCLA to be known.
As Blasi’s
questionable work would suggest, he is no stranger to politicized
academics. Besides operating his UCLA
Law class as a de facto research arm of radical legal groups like the
ACLU,
Blasi is also the associate director of the UCLA Institute
for Industrial
Relations. Founded after World War II
at a time when unions
were still a major
political and economic force, the Institute oversees, among other
entitites,
Kent Wong’s Center for Labor Research and Education.
In 2001, the California Legislature completed
a rather convoluted bureaucratic restructuring that resulted in a new
beast
known as the UC Institute for Labor and Employment.
Not three years later however, the ILE was
under fire for its direct, vociferous, and unrelenting promotion of
pro-union
ideology and research.
In December 2003,
Schwarzenegger finally pulled the trigger and eliminated the ILE’s
budget
(though it was saved for a time by a frantic reshuffling of UC funds). Much keening and wailing ensued, not the
least of which was Gary Blasi’s. Defending
the entire enterprise – the IIR, the ILE, and the CLRE, Blasi
wrote of the “amazing work” being done despite the budgetary
uncertainty. Blasi trumpeted “an
undergraduate interdisciplinary program in labor and workplace studies,
course
offerings like “Work, Labor and Social Justice in the United States,”
and best
yet, advertised the ILE’s scheduled October “gathering of immigrant
workers and
labor unions.” All this and Blasi hadn’t
even mentioned the labor center’s Summer
Internship Program, which in the past had helped unionize
janitorial workers
and campaigned for a proposition that would have imposed a
‘living-wage’
ordinance in nearby Santa Monica.
Admittedly,
the piece was written for the readers of UCLA
Today, a reliably sympathetic
audience. Nevertheless, one wonders how
Blasi figured he would win any favor with Sacramento decision-makers
when the
all the achievements he trumpeted were politically extremist. Academic courses pushing the totalitarian
“Social Justice” philosophy, or modern-day cotillions bringing together
‘immigrants’
(read, illegal immigrants) with the
labor organizers trying to unionize them, were not activities which
would take
any heat off the ILE.
Many of Blasi’s
other public comments during the fight indicated a complete inability
to
understand his opponents’ arguments; that, or a complete confidence
that his
side would prevail. In a long article in
the May 23, 2005 Daily Bruin, Blasi
claimed that any cuts in the labor center’s budget would be a disaster
for
Chancellor Carnesale’s vaunted “UCLA in LA” initiative.
To Blasi’s
way of thinking, “here [at the UCLA
Downtown Labor Center], next to MacArthur Park, the university looks a
lot more
like UCLA and less like UC Westwood.” It’s
a silly statement, of course. If all of
UCLA were located near MacArthur Park (in Blasi’s apparent view, a much
more autentico location), then Westwood
residents could just as easily mock the campus as UC MacArthur Park. Certain ignorant people will always perceive
geographic
distance as a personal affront; trying to fight this is a fool’s errand. Then again, Blasi’s statement doesn’t make a
logical complaint, only a clumsy dig at Westwood’s perceived wealth. If UCLA doesn’t want to be perceived as
floating in a wealthy bubble, Blasi essentially says, it must
venture into the comunidad and be
among the working people.
If awkwardly coded
ethnic and economic appeals weren’t
enough, Blasi also issued a number of unintentionally hilarious
defenses of the
Labor Center. Blasi complained to the Contra Costa Times on August 7, 2005 that
the center “had adopted what I thought was a lower profile,” and
claimed, “A
lot of the work we do has nothing to do with unions.”
In his defense
to the Daily Bruin, Blasi stated,
“We’re not
really in the business of supporting or opposing unions; we're in the
business
of researching and doing education about what the truth is. [The labor center has] been incorrectly
portrayed as just a part of the university that provides a service to
unions.
The reality is that we do research and education on issues that affect
working
people, including people in unions, of course, but also including other
people.”
If the Bruin
article were being written for a sitcom, the notation
“Cue
laugh track” would have followed Blasi’s quote. Clearly
flailing, Blasi blasted the budgetary
elimination as an
“attack,” and noted gloomily that if it succeeded, it would “establish
a
precedent wherein any politician, whether Democrat or Republican, can
decide
that they don’t like a whole area of research at the university and
take steps
to end it. Today it may be labor
studies, next time it may AIDS research or Chicano studies.” Blasi here is clearly trying to evoke the
famous declamation of Pastor Martin Niemuller: “First they came for
Communists,
and I did not speak up because I was not a Communist…”.
Unfortunately, the fact that the ILE was
targeted for elimination didn’t actually make it a martyr.
Moreover, it wouldn’t exactly be a shame if
Chicano Studies were eliminated,
along with a few other rubbish multi-cult majors.
Along with his
narrow conception of public interest law and
labor studies, Blasi is predictably narrow-minded on the concept of
race and
diversity. Participating in 1999 UCLA
Law school protests (which involved, per UCLA standard, a walkout by
both
students and professors), Blasi was virtually a one-man quote machine. Blasi complained
to the Los Angeles Times, “The
real world has people of color in
it. You can’t teach in a segregated
atmosphere – it just can’t be done.” Worse
yet, he claimed, was UCLA’s slavish devotion
to the Law School Admissions
Test. While conceding in the October 22,
1999 Times that the LSAT “predicts
first-year grades,” Blasi complained that it fails to tell an
admissions
director “whether you’ll be a good trial lawyer like Johnnie Cochran.” Sigh. If
only there were such a test to
identify the future Johnny Cochrans. But
on a more serious note, what would Blasi have the law school use for
making its
admissions decisions? No doubt it would
involve vastly greater numbers of minority entrants (you know, to ward
off the
phantasm of ‘resegregation’), which in turn would require not only
junking the
LSAT, but essentially every other standardized test.
Of course, that’s a small price to pay if in
so doing we save the world.
Blasi complained
to the Daily Bruin (also covering the 1999
protest),
“The lack of diversity certainly harms the people who applied to the
law school
but did not get in. But it also harms
every white or Asian American student who is here because their
education is
without the benefit of the perspectives of those now absent students
once
brought to classroom discussions.”
Blasi’s view, bemoaning the drop in Latino and black admissions that
followed
the long-delayed elimination of affirmative action, is simply a
regurgitation
of the same ridiculous argument made by so many UCLA professors and
students. In their view, black and Latino
UCLA students
brought something valuable to the classroom, a something that white or
Asian
students were genetically unable to contribute. This
je ne sais quoi is
never actually quantified, mainly because it would either devolve into
nasty
racial stereotyping (uniformly poor black students could teach
uniformly rich
whites about what it’s like to be poor) or into vague absurdity (black
students
can tell white students what it “feels like” to be black).
As it happens,
Blasi agrees with the former idea. Blacks
are uniformly poor, poorly educated,
and poorly treated. Proof of this comes
in a quick review of the website JustSchoolsComplaints.org (a recent
project of
Blasi and his students). The website
provides, among other things, a
standardized complaint form for parents
and
other concerned parties to use in enforcing (drum roll please) the
reforms
secured by the ACLU in the Williams
case. That’s right, the very case that
the research by Blasi and his students helped spark in the first place. The complaint form (and by extension, Blasi
himself) lays out a narrow us vs. them, victims-and-oppressors
conception of race
relations. One section titled “What can
you complain about?” states, “discrimination may be shown if students
in
schools serving mostly Latino students have many fewer learning
opportunities
than schools serving mostly White students.” Those
blasted Whites! Always
with
the better schools!
That slam on
whites (as if black and Latino students don’t
attend those same white-majority schools) is repeated almost verbatim
in the
“Questions and Answers about Discrimination” section.
In response to the common question, “Can you
give an example of discrimination about things other than “Williams
Complaints?” the form notes, “One example might be if a student in a
school
with mostly African American students has fewer chances to enroll in
advanced
courses than students in a school where most of the students are White.” Apparently Blasi didn’t trust the form’s
users to get his ideological message if it was only given once. So he was happy to say it again: whites have
it better than you.
Is UCLA better for
having brought Gary Blasi on board in
1991? The answer, most assuredly, is
no. If UCLA wanted a reflexive liberal
or radical view on every political issue under the sun, if UCLA wanted
to politicize
its content and strive for new extremes in ideology, it didn’t need to
hire
Gary Blasi. It already had plenty of
problem professors as it was; professors who, for whatever it’s worth,
had at
least graduated from a law school.
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