These numbers are relatively shocking by any standard, says Michael Dawson [author of the study]. When we talk about gender gaps in American politics, were talking about gaps of 5 to 15 percent. Here were talking about gaps of the order of 50 to more than 60 percent. Deeply polarized perceptions of racial equality (or its lack) are a major factor underlying the overwhelming disparities. While a majority of white respondents (64 percent) thought that blacks had achieved or would soon achieve equality, an even larger majority (78 percent) of blacks believed the opposite: that African Americans would not achieve racial equality in their lifetimes, or that they would never achieve equality.
[B]alancing . . . continues to be seductive . . . because it fits our usual conceptions and metaphors of justice, fairness, and reasonableness. Justice holds scales in her hands. We weigh the evidence to determine which party prevails. In reaching difficult personal decisions, we list the pros and cons. Policy makers undertake cost-benefit analyses when choosing among alternative courses of action. Balancing provides a careful, sensitive, thoughtful way to dispense justice, to give each his or her due. By gently urging us to consider all the relevant factors, it fosters serenity and confidence. It is the mark of a reasonable, rational, subtle mind.
T. Alexander Aleinikoff, Constitutional Law in the Age of Balancing, 96 Yale L.J. 943, 962 (1987); see also Patrick M. McFadden, The Balancing Test, 29 B.C. L. Rev. 585, 596 (1988) (identifying three steps to any balancing test: announcing the factors to be balanced, weighing those factors, and announcing the victor).
It is a general principle, underlying various legal doctrines and remedies, that one person should not be permitted unjustly to enrich himself at the expense of another, but should be required to make restitution of or for property or benefits received, retained, or appropriated, where it is just and equitable that such restitution be made, and where such action involves no violation or frustration of law or opposition to public policy, either directly or indirectly.
[T]hese [white] men are your brothers-your lost, younger brothers. And if the word integration means anything, this is what it means: that we, with love, shall force our brothers to see themselves as they are, to cease fleeing from reality and begin to change it . . . . [W]e can make America what America must become.
James Baldwin, My Dungeon Shook: Letter to My Nephew on the One Hundredth Anniversary of the Emancipation, in The Fire Next Time 15, 2324 (1963).
[If] all the wealth piled by the bondsmans two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, . . . so still must it be said the judgments of the Lord are true and righteous altogether.