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	<title>Comments on: Climate Change Is Racist?</title>
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	<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/</link>
	<description>Unfair ... Imbalanced</description>
	<pubDate>Fri, 09 Jan 2009 02:59:45 +0000</pubDate>
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		<title>By: CL</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32418</link>
		<dc:creator>CL</dc:creator>
		<pubDate>Thu, 31 Jul 2008 18:44:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32418</guid>
		<description>I agree FITS' post is ridiculous.  And if you do not buy the theory that man is causing global warming, then the disparate impact issue is irrelevant due to the intent problem you mention.  But if you buy MMGW, which I assume Clyburn does, then it is only a small logical step from what he said to calling us all racists. I am not trying to predict a lawsuit or argue for a new legal theory, I am just noting an analogy that the environmentalists might make.

Title VII is not limited to employment situations, although that constitutes the bulk of the claims for obvious reasons.  But there also a host of accomodation cases (refusing to serve a customer based upon race).   Disparate impact is not really about legislation.  It developed from employment cases (because that is the source of most Title VII claims).</description>
		<content:encoded><![CDATA[<p>I agree FITS&#8217; post is ridiculous.  And if you do not buy the theory that man is causing global warming, then the disparate impact issue is irrelevant due to the intent problem you mention.  But if you buy MMGW, which I assume Clyburn does, then it is only a small logical step from what he said to calling us all racists. I am not trying to predict a lawsuit or argue for a new legal theory, I am just noting an analogy that the environmentalists might make.</p>
<p>Title VII is not limited to employment situations, although that constitutes the bulk of the claims for obvious reasons.  But there also a host of accomodation cases (refusing to serve a customer based upon race).   Disparate impact is not really about legislation.  It developed from employment cases (because that is the source of most Title VII claims).</p>
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		<title>By: Tac</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32400</link>
		<dc:creator>Tac</dc:creator>
		<pubDate>Thu, 31 Jul 2008 14:28:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32400</guid>
		<description>SD is on the mark. Nothing Clyburn said or suggested can be read as an attempt to make global warming racist. There are enough examples of real attempts to unjustifiably use to race card out there. Let's not make one where there isn't one. 

Phillip....like FITS said... take your medicine.</description>
		<content:encoded><![CDATA[<p>SD is on the mark. Nothing Clyburn said or suggested can be read as an attempt to make global warming racist. There are enough examples of real attempts to unjustifiably use to race card out there. Let&#8217;s not make one where there isn&#8217;t one. </p>
<p>Phillip&#8230;.like FITS said&#8230; take your medicine.</p>
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		<title>By: League of the South</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32398</link>
		<dc:creator>League of the South</dc:creator>
		<pubDate>Thu, 31 Jul 2008 14:20:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32398</guid>
		<description>I'm with Earl Capps, #3.</description>
		<content:encoded><![CDATA[<p>I&#8217;m with Earl Capps, #3.</p>
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		<title>By: Silence Dogood</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32382</link>
		<dc:creator>Silence Dogood</dc:creator>
		<pubDate>Thu, 31 Jul 2008 13:28:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32382</guid>
		<description>CL - my joke was more toward the fact that "nature's" discrimination can't be legislated against.  My actual question regarding the disproportionate impact via failure to take action was a legitimate one.  Title VII does not cover all racial discrimination (you are still allowed to discriminate in the country for any number of reasons), and I thought Title VII was primarily in regards to employment?  Also, the reason I mentioned private vs. public action is because we were talking about when the impact affected a certain group disproportionately, not Title VII.  That disproportionate impact theory - despite not having racial animus - was I thought, related to legislation and executive government actions and not private actions.  And I readily admit I could be wrong about that.

I still stand by my first assertion thoug that I don't think it was Clyburn's intent to call global warming racist, via the usual understanding of the term or the more legally ensconced disproportionate impact theory - despite mother earth's lack of intent.</description>
		<content:encoded><![CDATA[<p>CL - my joke was more toward the fact that &#8220;nature&#8217;s&#8221; discrimination can&#8217;t be legislated against.  My actual question regarding the disproportionate impact via failure to take action was a legitimate one.  Title VII does not cover all racial discrimination (you are still allowed to discriminate in the country for any number of reasons), and I thought Title VII was primarily in regards to employment?  Also, the reason I mentioned private vs. public action is because we were talking about when the impact affected a certain group disproportionately, not Title VII.  That disproportionate impact theory - despite not having racial animus - was I thought, related to legislation and executive government actions and not private actions.  And I readily admit I could be wrong about that.</p>
<p>I still stand by my first assertion thoug that I don&#8217;t think it was Clyburn&#8217;s intent to call global warming racist, via the usual understanding of the term or the more legally ensconced disproportionate impact theory - despite mother earth&#8217;s lack of intent.</p>
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		<title>By: CL</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32375</link>
		<dc:creator>CL</dc:creator>
		<pubDate>Thu, 31 Jul 2008 12:20:47 +0000</pubDate>
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		<description>"That is, my understanding, only with the case of government action - not private, or as here, natural action."

All racial discrimination is governed by Title VII of the Civil Rights Act, and it covers private action as well as public action. In fact, the primary thrust of the CRA was private action (namely private employers in the South).  The SCOTUS first sanctioned the theory in a case where the employer was Duke Power.</description>
		<content:encoded><![CDATA[<p>&#8220;That is, my understanding, only with the case of government action - not private, or as here, natural action.&#8221;</p>
<p>All racial discrimination is governed by Title VII of the Civil Rights Act, and it covers private action as well as public action. In fact, the primary thrust of the CRA was private action (namely private employers in the South).  The SCOTUS first sanctioned the theory in a case where the employer was Duke Power.</p>
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		<title>By: Phillip Branton</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32362</link>
		<dc:creator>Phillip Branton</dc:creator>
		<pubDate>Thu, 31 Jul 2008 07:24:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32362</guid>
		<description>#5


Aahh...  SO !!



Dr.  SULU...  LOL</description>
		<content:encoded><![CDATA[<p>#5</p>
<p>Aahh&#8230;  SO !!</p>
<p>Dr.  SULU&#8230;  LOL</p>
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		<title>By: Jesse Jackson</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32356</link>
		<dc:creator>Jesse Jackson</dc:creator>
		<pubDate>Thu, 31 Jul 2008 04:13:56 +0000</pubDate>
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		<description>Clyburn has proven time and time again that he's not worthy of his position, but honestly which SC politician is?  I wonder how many of his family members he's got federal money for lately?  I mean honestly is the welfare, food stamps, social security, rent control, medicaid not enough?

He's a typical pandering black (or white Democrat desperately trying to be black a.k.a. Brad Hutto).  His basic idea about America, just like Obama's is that blacks have ruined their neighborhoods by dropping out of school, having having too many babies with no baby daddies around and letting gangs and drugs take over, so all the rich white folks need to have their taxes raised to pay for it because after all its really all our faults because of slavery.  I agree, we should have left y'all in Africa.</description>
		<content:encoded><![CDATA[<p>Clyburn has proven time and time again that he&#8217;s not worthy of his position, but honestly which SC politician is?  I wonder how many of his family members he&#8217;s got federal money for lately?  I mean honestly is the welfare, food stamps, social security, rent control, medicaid not enough?</p>
<p>He&#8217;s a typical pandering black (or white Democrat desperately trying to be black a.k.a. Brad Hutto).  His basic idea about America, just like Obama&#8217;s is that blacks have ruined their neighborhoods by dropping out of school, having having too many babies with no baby daddies around and letting gangs and drugs take over, so all the rich white folks need to have their taxes raised to pay for it because after all its really all our faults because of slavery.  I agree, we should have left y&#8217;all in Africa.</p>
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		<title>By: yankeedoright</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32315</link>
		<dc:creator>yankeedoright</dc:creator>
		<pubDate>Wed, 30 Jul 2008 22:33:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32315</guid>
		<description>What a spin you made of this. Persons in lower socio-economic areas are often more at risk to environmental hazards than people in the suburbs. With few resources to fight the establishment it becomes unduly burdensome and a disproportionate number of people of low income are affected. People who work in traffic tunnels have higher rates of liver and lung cancers as do individuals who work at the dry cleaners. Inner city children have higher rates of asthma and reactive airway disease. Poverty prevails over race in cases of disease clusters. Sadly, it just happens that in SC the majority of individuals in poverty are black. I am interested to see how progressive the South might become if Obama is President.</description>
		<content:encoded><![CDATA[<p>What a spin you made of this. Persons in lower socio-economic areas are often more at risk to environmental hazards than people in the suburbs. With few resources to fight the establishment it becomes unduly burdensome and a disproportionate number of people of low income are affected. People who work in traffic tunnels have higher rates of liver and lung cancers as do individuals who work at the dry cleaners. Inner city children have higher rates of asthma and reactive airway disease. Poverty prevails over race in cases of disease clusters. Sadly, it just happens that in SC the majority of individuals in poverty are black. I am interested to see how progressive the South might become if Obama is President.</p>
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		<title>By: Silence Dogood</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32302</link>
		<dc:creator>Silence Dogood</dc:creator>
		<pubDate>Wed, 30 Jul 2008 21:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32302</guid>
		<description>CL, thanks for the insightful response to my comment. While aware of the principal of disproportiante (despite a race nuetral intent) some times being actionalble.  That is, my understanding, only with the case of government action - not private, or as here, natural action.  An interesting reverse argument, which I think would be pretty novel, would be when 'lack' of government action, or failure to act, despite race nuetral intent on the failure to act, has a disporportionate impact and is therefore actionable.  I am not aware of any cases like that, but that certainly doesn't mean none exists.</description>
		<content:encoded><![CDATA[<p>CL, thanks for the insightful response to my comment. While aware of the principal of disproportiante (despite a race nuetral intent) some times being actionalble.  That is, my understanding, only with the case of government action - not private, or as here, natural action.  An interesting reverse argument, which I think would be pretty novel, would be when &#8216;lack&#8217; of government action, or failure to act, despite race nuetral intent on the failure to act, has a disporportionate impact and is therefore actionable.  I am not aware of any cases like that, but that certainly doesn&#8217;t mean none exists.</p>
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		<title>By: CL</title>
		<link>http://www.fitsnews.com/2008/07/30/climate-change-is-racist/#comment-32301</link>
		<dc:creator>CL</dc:creator>
		<pubDate>Wed, 30 Jul 2008 21:27:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=4343#comment-32301</guid>
		<description>SD,

Clyburn obviously wasn't suggesting that the earth is racist (despite FITS' nonsensical interpretation), but that does not let him off the hook. Under the law, there are more than 1 kind of racial discrimination.  There is the obvious, direct kind (e.g. telling an employee you would not promote him because he is black).  

However, most people have enough sense to not broadcast that they are racists.  So courts have developed the concept of disparate impact discrimination, which means that even race neutral policies can be illegal if they have a disparite impact on a protected class.

The logical implication of Clyburn's claim of victimhood is that we  are all (except for minorities of course, because we all know they cannot be racists) guilty of racial discrimination by driving SUV's and using regular light bulbs because these seemingly race neutral choices have a disparate impact on minorities.</description>
		<content:encoded><![CDATA[<p>SD,</p>
<p>Clyburn obviously wasn&#8217;t suggesting that the earth is racist (despite FITS&#8217; nonsensical interpretation), but that does not let him off the hook. Under the law, there are more than 1 kind of racial discrimination.  There is the obvious, direct kind (e.g. telling an employee you would not promote him because he is black).  </p>
<p>However, most people have enough sense to not broadcast that they are racists.  So courts have developed the concept of disparate impact discrimination, which means that even race neutral policies can be illegal if they have a disparite impact on a protected class.</p>
<p>The logical implication of Clyburn&#8217;s claim of victimhood is that we  are all (except for minorities of course, because we all know they cannot be racists) guilty of racial discrimination by driving SUV&#8217;s and using regular light bulbs because these seemingly race neutral choices have a disparate impact on minorities.</p>
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