Category Archives: politics

Did Tim Burns voters come through for Rebecca Dallet?

Two liberal candidates, Rebecca Dallet and Tim Burns, combined for 54% of the vote in this February’s primary for the Wisconsin Supreme Court.  Dallet and the conservative candidate Michael Screnock, who got 46% in the primary, moved on to the general election in April.

There was some worry among liberal political types that voters who went for Burns, the vocally left candidate, would sit out the general rather than show up for the more conventionally liberal Dallet.  Did that happen?  Here’s something cool:  Wisconsin offers full statewide ward-level election results, which helps us figure that out!

First of all, here’s a ward-by-ward picture of the primary:

Each circle is a ward and its position in the triangle shows the proportion of votes going to Screnock (top vertex), Burns (left vertex), and Dallet (right vertex.)  The size of the circle is the total number of votes in that ward.  You can see that there’s no visible clustering, and that Dallet did much better than Burns.

So what happened in the general?

Well, first of all, Dallet won, and won big:  56-44.  But that doesn’t mean Burns voters showed up.  We can’t really know!  But the ward-by-ward data at least helps us make some guesses.

Quick and dirty:  you can do a linear regression on Dallet’s share of the general in terms of Burns’s and Dallet’s share of the primary vote.  I stripped out wards with fewer than 100 general-election votes, which still left 1827 wards.  You get

Dallet general ~ 0.724*Burns primary + 0.892* Dallet primary + 0.112

with a pretty decent fit

Screen Shot 2018-05-03 at 3 May 7.27.AM

The Burns coefficient is a little bit lower but I don’t see strong evidence that a lot of Burns voters skipped the general election.

Here’s a test I like a little bit more.  There are 79 wards where Burns and Dallet together got between 54 and 56% of the vote in the primary.  Among these wards, Burns’s voteshare ranged from 6.5% (Milwaukee ward 211) to 35% (Town of Moscow wards 1-2, a bit on the nose, don’t you think?)  If Burns voters were skipping the general election, you might expect Dallet to do worse in April in those wards where Burns did better in February.  Here’s the scatter.  If there’s a downward trend here, it’s not very strong.

Screen Shot 2018-05-02 at 2 May 7.59.PM

My conclusion:  liberals gonna liberal.

Update:  I got the last scatter wrong when I originally posted this; if you remember the post being a little different, you’re right!

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Scott Walker and the noncommutativity of Wisconsin statute, part II

Hey so remember last month, when the Walker administration didn’t want to fill two empty legislative seats, so they decided to treat the state law forbidding this as if it said something else?

Here, I’ll recap.  The law, statute 8.50 (4) (d), says:

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May in the year in which a regular election is held to fill that seat shall be filled as promptly as possible by special election.

The state has decided to pretend the law says, instead:

Any vacancy in the office of state senator or representative to the assembly occurring in the year in which a regular election is held to fill that seat, before the 2nd Tuesday in May shall be filled as promptly as possible by special election.

In other words, the state’s claim is that a special election is required only if the vacancy occurs between January 1 and the 2nd Tuesday of May in an election year.  Whereas what the actual law says is that an election is to be called if there’s a vacancy any time before that 2nd Tuesday in May, i.e. as long as there’s enough time to call an election and have the new officeholder participate meaningfully in legislating.

Six voters in the affected districts have sued the governor.  There’s a hearing in the Dane County Circuit Court this week, on March 22.

The state has issued its response to the petition.

I’ve read the response.  It upset me.  It really upset me!  Not because I even care that much about whether we hold these elections!  But because the people whose job it is to uphold our state’s laws don’t care what those laws are.

The state’s leading argument is “mootness,” which goes like this: “we’ve now delayed this long enough that voters would not longer get any meaningful benefit from the state fulfilling the law’s requirements, so the claim that we have to fulfill the law’s requirements doesn’t stand.”

That might work!

Then it gets really interesting.  Here’s a passage from the response:

Under Wis. Stat. §8.50(4)(d), the Governor has a positive and plain duty to call a special election only when a vacancy occurs in the year of a general election from January 1 until the 2nd Tuesday in May.  Because the vacancies here did not occur in that year, Governor Walker has no positive and plain duties to call special elections.

See what they did?  They switched it!  They switched the order of the clauses in the statute to make it say what it does not, in fact, say!  Not satisfied with that, they added the language about January 1, which isn’t present in the law!

Won’t the judge ask them about this?  Won’t the judge want to know what possessed the state to “paraphrase” a law by moving words around and adding language, instead of quoting the language of the statute itself?

The response then goes on to explain why their interpretation of the law “makes sense.”  What they in fact do is explain why it makes sense that a special election isn’t required for vacancies taking place after May of the election year (the point on which their claim agrees with the law).  They are silent on why it makes sense that a special election isn’t required before January 1 of the election year.  Because that doesn’t make sense.

Maybe the screwiest part of all of this is that the statute in question uses language that appears again and again in Wisconsin code.  Look, here’s how 59.10(3)(e) authorizes special elections for vacancies on county boards:

The board may, if a vacancy occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill the vacancy.

According to the state’s account, this means that special elections are authorized only if the vacancy occurs in the year preceding the election year.

If that’s the case, nobody told Sauk County, where a special election was ordered in August 2016 to fill a vacant seat on the county board.  It’s hard to doubt there are many such examples — all unauthorized by state law, according to the Walker administration’s current claim.

How could Brad Schimel have put his name to this?

(Update:  here’s the plaintiffs’ response to the state’s response.)

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Scott Walker and the Let’s Eat Grandma theory of legislative interpretation

How do you know when to call a special election for an empty legislative seat in Wisconsin?  It’s right there in the statutes, 8.50 (4) (d):

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May in the year in which a regular election is held to fill that seat shall be filled as promptly as possible by special election. However, any vacancy in the office of state senator or representative to the assembly occurring after the close of the last regular floorperiod of the legislature held during his or her term shall be filled only if a special session or extraordinary floorperiod of the legislature is called or a veto review period is scheduled during the remainder of the term. The special election to fill the vacancy shall be ordered, if possible, so the new member may participate in the special session or floorperiod.

Pretty clear, right?  If a Senate or Assembly seat comes open before May of election year,  the governor has to call a special election, unless the last legislative session has already taken place and no extra legislative business is scheduled before November.  You hold an election unless the duration of the vacancy would be so short as to make the election essentially meaningless.

There are two seats in the Capitol open as we speak, the Senate seat formerly held by Frank Lasee and the Assembly seat once occupied Keith Ripp; both of them left to take jobs in the Walker administration in January.  But the governor has asserted that no special election will be held, and residents of those districts will go unrepresented in the legislature for almost a full year.

What’s Walker’s excuse for ignoring the law?  Are you sitting down?  The state’s claim is that the phrase “in the year” does not refer to “May,” but rather “any vacancy.”  So a vacancy arising in March 2018 is required by law to be filled “as promptly as possible” by state law, despite the severely limited amount of lawmaking the new representative would be have a chance to undertake; but if an assembly rep drops dead on the second day of the legislative term, the governor can leave the seat empty for two whole years if he wants.

I kid you not! That is the claim!

Do you think that’s really what the law says?

As this long, well-researched WisContext article makes clear, Walker’s “interpretation” of the law is, well, a novelty.  For fifty years, Wisconsin has been filling legislative vacancies promptly by special elections.  Most of these elections, according to Scott Walker, were optional, some kind of gubernatorial whim.  And it’s definitely not the case that the governor is leaving the seats empty because he’s spooked by the current lust-to-vote of Wisconsin’s Democratic electorate, which has already cost Republicans a long-held seat in Senate District 10.

The Walker administration would like us to read the law as if the phrases came in the opposite order:

Any vacancy in the office of state senator or representative to the assembly occurring in the year in which a regular election is held to fill that seat, before the 2nd Tuesday in May

But English is non-commutative; that sentence says one thing, and 8.50 (4)(d) says a different thing.

Even an extra comma would make Walker’s interpretation reasonable:

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May, in the year in which a regular election is held to fill that seat

Commas change meaning.  As the old T-shirt says:  let’s eat grandma!

I suppose we should count ourselves lucky.  Given the syntactic latitude Walker has granted himself, where a prepositional phrase can wander freely throughout a sentence modifying whatever catches its fancy, he might have claimed a special selection is required only if a legislative vacancy occurs in May of an election year!  That would make just as much sense as the interpretation Walker’s claiming now.  Which is to say:  none.

What’s the remedy here?  I’m not sure there is one.  Someone in one of the affected districts could sue the state, but I don’t think there’s any prospect a lawsuit would conclude in time to make any difference.  I can’t see a court ordering an emergency halt to a legislative session on the grounds that two seats were illegally unfilled.

So there’s not much to stop the governor from breaking state law in this way.  Except natural human embarrassment.  A government that has lost the capacity to be embarrassed can be very difficult to constrain.

Update, Feb 26:  Looks like I was wrong to say nobody was going to do anything about this!  A group of voters in the affected districts, represented by the National Democratic Redistricting Committee, sued Governor Walker today.  Good for them.

Update:  I’ve learned from lawyer friends that the principle that a phrase like “in the year” is understood to modify the thing it’s close to, not some other clause floating elsewhere across the sentence, has a name:  it is “the rule of the last antecedent.”

 

 

 

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Sex Has Thrown A Bomb Into Business

This article, written in 1927 by the psychoanalyst Smith Ely Jeliffe (a dude) has a take on workplace sexism that is, to me, startlingly contemporary.

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Landlord rights and Wisconsin home rule follies

The era of small government remains over in Wisconsin, as the state legislature continues to chew away at municipal self-governance.  This time:  cities are prohibited from requiring regular inspections of rental properties.

Just to remind you again what the Wisconsin Constitution says on this point:

Cities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of statewide concern as with uniformity shall affect every city or every village.

Over the years, the state has accorded to itself the power to declare just about anything a city might do “of statewide concern,” rendering the Home Rule Amendment essentially null.  The statewide effect of Beloit requiring landlords to subject their rental properties to safety inspections every once in a while seems pretty minor to me.  I guess that’s why I’m not on the Wisconsin Supreme Court.

And yes, I get that there’s lots of interpretation of the Commerce Clause that runs roughly along the same lines.  And yes, I get that a strong interpretation of home rule would keep states from invalidating discriminatory municipal ordinances unless they ran afoul of federal law.  But these judges say they’re pure custodians of the Constitutional text.  It gets up my nose when they act as if it doesn’t exist.

Good piece about the erosion of home rule from the League of Wisconsin Municipalities.

Previous blog post where I complain at length about previous SC-WI home rule jurisprudence.

 

 

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Are Alabama’s House seats gerrymandered?

This map has a lot of people saying so:

 

Here’s what I think:  Alabama’s House maps might well be gerrymandered, but the Moore-Jones numbers aren’t very strong evidence.

First of all, about that weirdly shaped District 7 where so many Democrats live.  That’s a majority-minority district.  The Voting Rights Act requires the creation of some such districts, and that provision has increased the representation of racial minorities in Congress.  But most people agree they hurt Democrats overall.  You might be able to draw a district map for Alabama, Republican though it is, with two districts where Democrats have a chance instead of one.  But you’d also increase the likelihood of Alabama sending an all-white delegation.

Alabama, without District 7, is about 78% white, and white people in Alabama are about 85% Republican.  It’s not gerrymandering that Dems don’t have a chance in those six districts under normal conditions; it would happen just about any way you drew the maps.

But the Moore-Jones election was anything but normal conditions!  Did the party draw a map designed to withstand a historic Democratic turnout wave?

I doubt it.  Suppose you wanted to draw a map that would keep your big House majority even if just over half of Alabamian voters chose the Democrat.  You’ve got no chance in AL-7, and in the other 6 districts combined, the Republican is winning by 10 points.  Well, the last thing you’d do is draw an ultra-Republican district like AL-4; that makes the other districts way too close.  You’d take some of those wards and move them over to shore up AL-5, which Moore won by less than half a percent.  You might also try to concentrate the more Democratic parts of AL-1 and AL-2 into one, creating a district you might lose in a wave but leaving the rest of the state so solidly Republican that even an election more disastrous than this one for Republicans would leave five seats in GOP hands.

Outside district 7, Alabama is a very Republican state, even when offered the weakest Republican candidate in recent memory.  That’s the simplest explanation for why Moore finished ahead in districts 1-6, and it’s the one I favor.

Update:  Some people have communicated to me that in their view district 7 is more majority-minority than the Voting Rights Act requires, and that the district was drawn this way on purpose in order to increase Republican margin in the other 6 districts.

 

 

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“Worst of the worst maps”: a factual mistake in Gill v. Whitford

The oral arguments in Gill v. Whitford, the Wisconsin gerrymandering case, are now a month behind us.  But there’s a factual error in the state’s case, and I don’t want to let it be forgotten.  Thanks to Mira Bernstein for pointing this issue out to me.

Misha Tseytlin, Wisconsin’s solicitor general, was one of two lawyers arguing that the state’s Republican-drawn legislative boundaries should be allowed to stand.  Tseytlin argued that the metrics that flagged Wisconsin’s maps as drastically skewed in the GOP’s favor were unreliable:

And I think the easiest way to see this is to take a look at a chart that plaintiff’s own expert created, and that’s available on Supplemental Appendix 235. This is plain — plaintiff’s expert studied maps from 30 years, and he identified the 17 worst of the worst maps. What is so striking about that list of 17 is that 10 were neutral draws.  There were court-drawn maps, commission-drawn maps, bipartisan drawn maps, including the immediately prior Wisconsin drawn map.

That’s a strong claim, which jumped out at me when I read the transcripts–10 of the 17 very worst maps, according to the metrics, were drawn by neutral parties!  That really makes it sound like whatever those metrics are measuring, it’s not partisan gerrymandering.

But the claim isn’t true.

(To be clear, I believe Tseytlin made a mistake here, not a deliberate misrepresentation.)

The table he’s referring to is on p.55 of this paper by Simon Jackman, described as follows:

Of these, 17 plans are utterly unambiguous with respect to the sign of the efficiency gap estimates recorded over the life of the plan:

Let me unpack what Jackman’s saying here.  These are the 17 maps where we can be sure the efficiency gap favored the same party, three elections in a row.  You might ask: why wouldn’t we be sure about which side the map favors?  Isn’t the efficiency gap something we can compute precisely?  Not exactly.  The basic efficiency gap formula assumes both parties are running candidates in every district.  If there’s an uncontested race, you have to make your best estimate for what the candidate’s vote shares would have been if there had been candidates of both parties.  So you have an estimate for the efficiency gap, but also some uncertainty.  The more uncontested races, the more uncertain you are about the efficiency gap.

So the maps on this list aren’t the 17 “worst of the worst maps.”  They’re not the ones with the highest efficiency gaps, not the ones most badly gerrymandered by any measure.  They’re the ones in states with so few uncontested races that we can be essentially certain the efficiency gap favored the same party three years running.

Tseytlin’s argument is supposed to make you think that big efficiency gaps are as likely to come from neutral maps as partisan ones.  But that’s not true.  Maps drawn by Democratic legislatures have average efficiency gap favoring Democrats; those by GOP on average favor the GOP; neutral maps are in between, and have smaller efficiency gaps overall.

That’s from p.35 of another Jackman paper.  Note the big change after 2010.  It wasn’t always the case that partisan legislators automatically thumbed the scales strongly in their favor when drawing the maps.  But these days, it kind of is.  Is that because partisanship is worse now?  Or because cheaper, faster computation makes it easier for one-party legislatures to do what they always would have done, if they could?  I can’t say for sure.

Efficiency gap isn’t a perfect measure, and neither side in this case is arguing it should be the single or final arbiter of unconstitutional gerrymandering.  But the idea that efficiency gap flags neutral maps as often as partisan maps is just wrong, and it shouldn’t have been part of the state’s argument before the court.

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Not to exceed 25%

Supreme Court will hear a math case!

At issue in Murphy v. Smith:  the amount of a judgment that a court can apply to covering attorney’s fees.  Here’s the relevant statute:

Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney’s fees awarded against the defendant.

To be clear: there are two amounts of money here.  The first is the amount of attorney’s fees awarded against the defendant; the second is the portion of the judgment which the court applies towards that first amount.  This case concerns the discretion of the court to decide on the second number.

In Murphy’s case, the court decided to apply just 10% of the judgment to attorney’s fees.  Other circuit courts have licensed this practice, interpreting the law to allow the court discretion to apply any portion between 0 and 25% of the judgement to attorney’s fees.  The 7th circuit disagreed, saying that, given that the amount of attorney’s fees awarded exceeded 25% of the judgment, the court was obligated to apply the full 25% maximum.

The cert petition to the Supreme Court hammers this view, which it calls “non-literal”:

The Seventh Circuit is simply wrong in interpreting this language to mean “exactly 25 percent.” “Statutory interpretation, as we always say, begins with the text.” Ross v. Blake, 136 S. Ct. 1850, 1856 (2016). Here, the text is so clear that interpretation should end with the text as well. “Not to exceed” does not mean “exactly.”

This seems pretty clearly correct:  “not to exceed 25%” means what it means, not “exactly 25%.”  So the 7th circuit just blew it, right?

Nope!  The 7th circuit is right, the other circuits and the cert are wrong, and the Supreme Court should affirm.  At least that’s what I say.  Here’s why.

I can imagine at least three interpretations of the statuye.

  1.  The court has to apply exactly 25% of the judgment to attorney’s fees.
  2.  The court has to apply the smaller of the following numbers:  the total amount awarded in attorney’s fees, or 25% of the judgment.
  3.  The court has full discretion to apply any nonnegative amount of the judgment to attorney’s fees.

Cert holds that 3 is correct, that the 7th circuit applied 1, and that 1 is absurdly wrong.  In fact, the 7th circuit applied 2, which is correct, and 1 and 3 are both wrong.

1 is wrong:  1 is wrong for two reasons.  One is pointed out by the cert petition:  “Not to exceed 25%” doesn’t mean “Exactly 25%.”  Another reason is that “Exactly 25%” might be more than the amount awarded in attorney’s fees, in which case it would be ridiculous to apply more money than was actually owed.

7th circuit applied 2, not 1:  The opinion reads:

In Johnson v. Daley, 339 F.3d 582, 585 (7th Cir. 2003) (en banc), we explained that § 1997e(d)(2) required that “attorneys’ compensation come[] first from the damages.” “[O]nly  if 25% of the award is inadequate to compensate counsel fully” does the defendant contribute more to the fees. Id. We continue to believe that is the most natural reading of the statutory text. We do not think the statute contemplated a discretionary decision by the district court. The statute neither uses discretionary language nor provides any guidance for such discretion.

The attorney’s compensation comes first out of the damages, but if that compensation is less than 25% of the damages, then less than 25% of the damages will be applied.  This is interpretation 2.  In the case at hand, 25% of the damages was $76,933.46 , while the attorney’s fees awarded were $108,446.54.   So, in this case, the results of applying 1 and 2 are the same; but the court’s interpretation is clearly 2, not the absurd 1.

3 is wrong:  Interpretation 3 is on first glance appealing.  Why shouldn’t “a portion of the judgment (not to exceed 25%)” mean any portion satisfying that inequality?  The reason comes later in the statute; that portion is required to “satisfy the amount of attorney’s fees awarded against the defendant.”  To “satisfy” a claim is to pay it in full, not in part.  Circuits that have adopted interpretation 3, as the 8th did in Boesing v. Spiess, are adopting a reading at least as non-literal as the one cert accuses the 7th of.

Of course, in cases like Murphy v. Smith, the two clauses are in conflict:  25% of the judgment is insufficient to satisfy the amount awarded.  In this case, one requirement must bend.  Under interpretation 2, when the two clauses are in conflict, “satisfy” is the one to give way.  The 7th circuit recognizes this, correctly describing the 25% awarded as ” toward satisfying the attorney fee the court awarded,” not “satisfying” it.

Under interpretation 3, on the other hand, the requirement to “satisfy” has no force even when it is not in conflict with the first clause.  In other words, they interpret the law as if the word “satisfy” were absent, and the clause read “shall be applied to the amount of attorney’s fees.”

Suppose the attorney’s fees awarded in Murphy had been $60,000.  Under interpretation 3, the court would be free to ignore the requirement to satisfy entirely, and apply only 10% of the judgment to the attorneys, despite the fact that satisfaction was achievable within the statutory 25% limit.

Even worse:  imagine that the statute didn’t have the parenthetical, and said just

Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment shall be applied to satisfy the amount of attorney’s fees awarded against the defendant.

It would be crystal clear that the court was required to apply $60,000, the amount necessary to satisfy the award.  On interpretation 3, the further constraint imposed by the statute gives the court more discretion rather than less in a case like this one!  This can’t be right.

You could imagine switching to an interpretation 3′, in which the court is required to satisfy the amount awarded if it can do so without breaking the 25% limit, but is otherwise totally unconstrained.  Under this theory, an increase in award from $60,000 to $100,000 lessens the amount the court is required to contribute — indeed, lessens it to essentially zero.  This also can’t be right.

 

2 is right:  When two clauses of a statute can’t simultaneously be satisfied, the court’s job is to find some balance which satisfies each requirement to the greatest extent possible in a range of possible cases.  Interpretation 2 seems the most reasonable choice.  The Supreme Court should recognize that, contra the cert petition, this is the interpretation actually adopted by the 7th Circuit, and should go along with it.

 

 

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Maryland flag, my Maryland flag

The Maryland flag is, in my opinion as a Marylander, the greatest state flag.

Ungepotch?  Yes.  But it has that ineffable “it shouldn’t work but it does” that marks really great art.

But here’s something I didn’t know about my home state’s flag:

 

Despite the antiquity of its design, the Maryland flag is of post-Civil War origin. Throughout the colonial period, only the yellow-and-black Calvert family colors are mentioned in descriptions of the Maryland flag. After independence, the use of the Calvert family colors was discontinued. Various banners were used to represent the state, although none was adopted officially as a state flag. By the Civil War, the most common Maryland flag design probably consisted of the great seal of the state on a blue background. These blue banners were flown at least until the late 1890s….

Reintroduction of the Calvert coat of arms on the great seal of the state [in 1854] was followed by a reappearance at public events of banners in the yellow-and-black Calvert family colors. Called the “Maryland colors” or “Baltimore colors,” these yellow-and-black banners lacked official sanction of the General Assembly, but appear to have quickly become popular with the public as a unique and readily identifiable symbol of Maryland and its long history.

The red-and-white Crossland arms gained popularity in quite a different way. Probably because the yellow-and-black “Maryland colors” were popularly identified with a state which, reluctantly or not, remained in the Union, Marylanders who sympathized with the South adopted the red-and-white of the Crossland arms as their colors. Following Lincoln’s election in 1861, red and white “secession colors” appeared on everything from yarn stockings and cravats to children’s clothing. People displaying these red-and-white symbols of resistance to the Union and to Lincoln’s policies were vigorously prosecuted by Federal authorities.

During the war, Maryland-born Confederate soldiers used both the red-and-white colors and the cross bottony design from the Crossland quadrants of the Calvert coat of arms as a unique way of identifying their place of birth. Pins in the cross bottony shape were worn on uniforms, and the headquarters flag of the Maryland-born Confederate general Bradley T. Johnson was a red cross bottony on a white field.

By the end of the Civil War, therefore, both the yellow-and-black Calvert arms and the red-and-white colors and bottony cross design of the Crossland arms were clearly identified with Maryland, although they represented opposing sides in the conflict.

In 4th grade, in Maryland history, right after having to memorize the names of the counties, we learned about the flag’s origin in the Calvert coat of arms

but not about the symbolic meaning of the flag’s adoption, as an explicit gesture of reconciliation between Confederate sympathizers and Union loyalists sharing power in a post-war border state.

The Howard County flag is based on the Crossland arms.  (There’s also a sheaf of wheat and a silhouette of Howard County nosing its way through a golden triangle.)  The city of Baltimore, on the other hand, uses the Calvert yellow-and-black only.

Oh, and there’s one more flag:

That’s the flag of the Republic of Maryland, an independent country in West Africa settled mostly by free black Marylanders.  It existed only from 1854 to 1857, when it was absorbed into Liberia, of which it’s still a part, called Maryland County.  The county flag still has Lord Baltimore’s yellow, but not the black.

 

 

 

 

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Intersectionality as nonlinearity

I wonder if the idea of intersectionality would be better-understood in STEMmy circles if we called it “nonlinearity” instead.  Put that way, e.g.

“the condition of being queer and disabled isn’t the sum of the condition of being queer and the condition of being disabled, or even some linear combination of those, it’s just its own thing, which draws input from each of those conditions in some more complicated way and which has features of its own particular to the intersection”

it’s something I think most mathematicians would find extremely natural and intuitive.

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