Updating the Constitution PDF  | Print |  E-mail
Thursday, 29 May 2014 13:05


By Mel Lavine • Special to the Times

If you’re in the mood for some deep thinking this summer, you might check out a review in the current New York Review of Books of a new book by John Paul Stevens, the former Supreme Court Justice. A member of the Court from 1975 to 2010, Stevens, at  94, has produced an argument for ratifying six more amendments to the Constitution.

“Six Amendments: How and Why We Should Change the Constitution” is the title. As the reviewer, Cass R. Sunstein, a Harvard professor, points out, amendments are hard to come by. After more than two centuries only 27 constitutional amendments have been ratified. The Bill of Rights, making up the first ten amendments, and the three  Civil War amendments, add up to almost  half the lot.

The  theme in Stevens’s work is “the importance of Democratic rule.” The goal is to promote self-government, which, as Steven sees it, has been badly compromised  by Supreme Court rulings.

Gun control is one of the most contentious constitutional issues. The language of the Second Amendment would seem to make the law  as plain as day: It simply says: “A well regulated Militia , being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” To quote Cass Sunstein’s review: “For over two hundred years, federal courts generally interpreted the Second Amendment quite narrowly. In their view the opening reference to a ‘well regulated Militia,’ limited the scope of the amendment. The Second Amendment did not create a freestanding individual right to have guns.”

In more recent years, however, the National Rifle Association and others have said the Second Amendment did indeed create an individual right to have guns. But Stevens quotes a retired Chief Justice Warren Burger, a conservative appointed to the High Court by Nixon, as saying in 1991 that the Second Amendment “has been the subject of one of the greatest pieces of fraud, I repeat ‘fraud,’ on the American public by special interest groups that I have ever seen in my lifetime.”

Nonetheless, in 2008, a  majority of the Court upheld the view that Burger denounced as a”fraud.” Stevens thinks the Court  “departed from the original understanding of the Second Amendment. And by so doing greatly increased judicial power to oversee what state and federal governments do to prevent gun violence.” As a cure for “what every American can recognize as an ongoing national tragedy,” Stevens would amend  the Second Amendment to make clear that it only applies  people “when serving in the Militia.” In other words, a soldier in the military.

There are five other amendments  Stevens is calling for. One  long overdue would abolish the death penalty. He concluded in 2008, late in his tenure, that the risk of executing the innocent could not be eliminated.

I hope to get back to Stevens in future columns. But first l I’ve got to get my hands on my own copy of this timely book.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact     him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Barbara Walters Says Goodbye – Again PDF  | Print |  E-mail
Monday, 26 May 2014 15:37


By Mel Lavine • Special to the Times

Barbara Walters is really going to retire. If you can believe what you read and hear. She said goodbye on May 16, her last day as a host  of “The View.”

She is up there in years: eighty-four. On the other hand, she is one tough cookie, and not to be judged by normal standards. She’s talked about retiring before. In show biz they call it “a false exit” if it’s not for real.

In the 1970s when I began working on the Today Show, Barbara was already a star. One day we were assigned to do a story together in Gilmanton, New Hampshire where the late Grace Metalious had once lived and where she wrote her blockbuster novel, “Peyton Place.”

When the novel came out in 1956, townspeople were outraged. In their judgment, the author had defamed honest folks. Our assignment was to find out how the town felt about her and her book twenty years later. With anger, shame, pride?

I went ahead a few days earlier to gather information and find people for Barbara to interview. When I picked her up at the hotel, she began flipping through the pages of my script. “I don’t think you have a story,” she said.

“We’re doing a book.”

“But that’s not our story.”

She wanted the crime rate, the number of divorces, out-of-wedlock pregnancies, abortions, runaways, school dropouts.”

“The crime rate in Gilmanton?” I said.

“Be it ever so humble.”

A moment later, she said, “I believe we’re going to make a bit of news in Gilmanton.”

“What do you mean?

“There’s not a single copy of “Peyton Place” in the town library?”

“How do you know that?”

“I asked.”

For two days I’d gone around town and never thought of checking the library. Barbara lately arrived, picked up the phone and scooped me. She made some news as well when she donated our copy to the library on camera.

As for Barbara today a TV critic noted that she didn’t say adieu on Friday, but spoke the French word for “soon” – as in “I’ll be back.”

Don’t go far.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact     him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

State Senator Corbett Urges Water Conservation PDF  | Print |  E-mail
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Thursday, 15 May 2014 14:48


By State Senator Ellen Corbett • Special to the Times

Although precious rain recently fell on our local communities, I have had scores of conversations over the last few weeks and months with local residents at farmers’ markets, town halls and community events about a topic that remains at the forefront of our minds: California’s drought.

Unfortunately, the recent rainfall has only minimally impacted our depleting water supply.  Further aggravated by a low snow pack, California’s severe water crisis has prompted Governor Jerry Brown to declare a Drought State of Emergency.  California State Senate leadership accepted the Governor’s call to action by developing a proposal allocating over half a billion dollars to implement shovel-ready water projects in communities throughout the state, assist agricultural communities and prevent drinking water shortages.  Fortunately, the legislation passed quickly through the Legislature and the Governor promptly signed it so we can deliver much needed relief to local communities. The Tri-Valley water agency, Zone 7, is receiving only 5% of its normal water allocation from the state, for example.

As a longtime advocate for our environment and local communities, I will continue working closely with my colleagues in Sacramento to address pertinent water issues to help secure California’s water future. It is crucial that we recognize local water districts that have responded quickly and appropriately to address water reliability and conservation.

The Governor has instructed state agencies to begin water conservation efforts and has recommended—though not yet mandated—that state residents reduce their water use by 20%. State water agencies must work collaboratively with stakeholders and residents to manage California’s water supply, while simultaneously assist farmers and communities that are most impacted by the drought. As a result of the ongoing dry conditions, the state has begun a statewide public awareness campaign called “Save our H2O.”

As Californians, we can conserve water by implementing some of the daily tips offered by “Save our Water” at, such as:

Take shorter showers, use a low-flow shower head and turn off water whenever possible.

Place mulch around plants and combine with a drip system to conserve gallons of water each time you water outdoors.

Plant drought-resistant trees and plants that are most appropriate for your climate.

Please also consult my Senate website at where I have posted additional important information—both in English and Spanish—regarding water conservation and drought measures.

You can find more information at the following websites from water agencies and water districts in the 10th State Senate District:

Alameda County Water District:

East Bay Municipal Utility District:

I encourage each of you to take immediate action and begin conserving water.  I have heard recently from some constituents that they are worried that they may be penalized for voluntarily cutting back on water use, if and when, water rationing becomes mandatory, as it has in some communities in the 10th District and in other parts of the state.  Water districts assure me that is not the case, so please continue to do your part to help our state and local communities.

As the State Senator representing the 10th District, I am committed to combating the drought’s impact on residents, communities and our environment and I look forward to partnering with you to address California’s long term water needs.

Traitor or Patriot? PDF  | Print |  E-mail
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Thursday, 15 May 2014 14:00


By Mel Lavine • Special to the Times

The journalist Glenn Greenwald has a new book out, “No Place to Hide.” Greenwald is the individual to whom Edward Snowden, the former National Security Agency contractor, leaked documents last year that revealed N.S.A.’s widespread ability to spy  on Americans.

According to Snowden’s revelations, no one is safe since 9/11 – not only in the land of the free but where hundreds of millions of others live around the globe. Think Big Brother and George Orwell’s prophetic novel, “1984.”

Greenwald, until recently a columnist for The Guardian, was the first journalist Snowden sounded out. In his book, based on his exchanges with Snowden, Greenwald calls attention to “the agency’s ‘corporate partnerships’” extending “beyond intelligence  and defense contractors  to include the world’s largest  and most important internet corporations and telecoms.” In Greenwald’s rendering the Orwellian nightmare is a fact of modern life.

In a review of the book Tuesday in the New York Times by Michiko Kakutani, we learn that Snowden – “regarded by some as a heroic whistle-blower, others as a traitor” – is, in Greenwald’s account, a courageous idealist who “needed to act on his belief.” He was in part influenced by books he read growing up.

The ancient Greeks are cited and a work by Joseph Campbell, “The Hero With a Thousand Faces.” Campbell, was a popular speaker in lecture halls and on TV,  the author of works in mythology and religion. He died in 1987.

From his reading, Snowden told Greenwald, he became convinced “it is we who infuse life with meaning through our actions and the stories we create with them.” He also credited video games for giving him insights. Snowden is quoted as saying, “The protagonist is often an ordinary person, who finds himself faced with grave injustices from powerful forces and has the choice to flee in fear or to fight for his beliefs . And history also shows that seemingly ordinary people who are sufficiently resolute about justice can triumph over the most formidable adversaries.”

He is portrayed in the book as a brave man who did only what he believed was the  conscientious thing to do.

A  particular moment in making his decision was when he was in Japan  for N.S.A. in 2010. Snowden said, “I could watch drones in real time as they surveilled people they might kill.” He added, “I watched N.S.A. tracking people’s Internet activities as they typed. I became aware of just how invasive U.S. surveillance capabilities had become. I realized the true breadth of this system. And almost nobody knew it was happening.”

Without casting judgment on Snowden as traitor or patriot, I find it ironic that he found a welcome mat in the Russia of Vladmir Putin who served for 16 years as an officer in the KGB in the days when the country was the Soviet Union.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact  him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Too Big to Jail PDF  | Print |  E-mail
Thursday, 08 May 2014 13:31


By Mel Lavine • Special to the Times

There’s a reason only one top banker went to jail for the financial crisis,” an article by Jesse Eisenger, an investigative  reporter, says in the lead piece in this Sunday’s New York Times Magazine.

The only one top banker who went to jail for the financial crisis – on January 27 – is Kareem Serageldin. Although he once earned nearly $7 million a year at Credit Suisse, Serageldin, 41, had always lived modestly. He worked ’round the clock, save for five or six hours of sleep, “creating and trading complex financial instruments.” So why is he the guy to take the fall, described by a friend as an “investment-banking monk.”

According to the piece, prosecutors said he had OK’d “the concealment of hundreds of millions in losses in Credit Suisse’s mortgage-backed securities portfolio.”

Eisinger writes that Serageldin lied about the value of his bank’s securities – a crime to be sure – “but other bankers behaved far worse...His (former) employer – for one - had revised its past financial statements to account for $2.7 billion that should have been reported.”

To put this in context: “Lehman Brothers, AIG, Citigroup, Countrywide and many others had also admitted that they were in much worse shape than they initially allowed. Merrill Lynch, in particular, announced a loss of nearly $8 billion three weeks after claiming it was $4.5 billion.”

The judge characterized Serageldin’s behavior “a small piece of an overall evil climate within the bank and with many other banks.” He sentenced Serageldin, an Egyptian-born trader who grew up in Michigan’s Upper Peninsula, to 30 months in jail. He “would earn the distinction of being the only Wall Street executive sent to jail for his part in the financial crisis,” said Eisinger.

In the aftermath of the crash in 1929 that led to the Great Depression, history reminds us that back then public hearings “seized upon public outrage.” The head of the New York Stock Exchange went to prison. In the savings-and-loan scandals of the 1980s, “1,100 people were prosecuted, including top executives at many of the failed banks. In the ’90s and early aughts, when the bursting of the Nasdaq bubble revealed widespread corporate accounting scandals, top executives from WorldCom, Enron, Qwest, and Tyco, among others, went to prison.”

Investigators  were also going after Arthur Andersen, the accounting firm that had ”blessed” Enron’s “phony balance sheets and shredded documents shortly after it had detonated. Andersen was convicted by a jury. Within months the firm closed down, costing tens of thousands of people their jobs.”

The verdict was expected to “embolden the Justice Department but it shocked much of the corporate world and even many prosecutors, who thought the department had abused its powers at the cost of thousands of innocent workers.” The verdict “resulted not in more boldness but in more caution on the part of federal prosecutors,” said Eisinger.

Back in the Clinton years, Eric Holder, then deputy attorney general, advocated steps to toughen corporate prosecutions. In March, as U.S. attorney general, in testimony in front of the Senate,  Holder “seemed to lament the position government enforcers had found themselves in”:

“I am concerned,” Holder said, “that the size of some of these institutions becomes so large that it does become difficult for you to prosecute them when we are hit with indications that if we do prosecute – if we do bring a criminal charge – it will have a negative impact on the national economy, perhaps even the world economy.”

“Holder quickly walked back the remarks,” Eisinger said.

(The article on the financial crisis was a collaboration between the New York Times and ProPublica, an independent nonprofit investigative organization.)

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Back on the Merry-go-round PDF  | Print |  E-mail
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Thursday, 01 May 2014 11:50


By Mel Lavine • Special to the Times

Twenty-three years ago, my late wife and I bought a  2-door Honda Accord in the Bay Area, driving it off the showroom floor. It was the first car we’d bought since leaving Eureka for New York in1963. In our New York years we got around on subways, busses, taxis and the occasional rental.

These days the Lady Friend and I are shopping for a used car to replace the indestructible Accord which, however, is costing good money to keep on the road. It’s also making us fearful to take out of town.

We decided to talk to dealers and owners. We had a lot to learn. What to look for: a spacious car or a small car with low mileage? We didn’t exactly know what we wanted  but we had to make up our mind.  And how much could we spend, and where to look at cars that fit our situation?

The Lady Friend went on the Internet to look up used cars for sale and get a feel for prices. She went to the library and researched different models in Consumers Guide for their history and reliability. She called on dealers and test drove different cars to decide what kind she was most comfortable with.

After a week of burning rubber she finally found what she thought we could live with. The price was right, the mileage, too, as was the mileage per gallon.

Before she was home she announced the news on her cellphone. She’d found the car with the right stuff: a smart-looking 4-door Corolla with ideal mileage and a good price.

We wasted no time getting back to the dealer. The Carolla dazzled in the sun, as if it were still on a showroom floor. It looked even more beautiful as I approached it on the car lot.

“Get in,” the Lady Friend prompted. I folded myself into the passenger seat, all 6-2 of me. My knees wound up under my chin.

I squirmed and pushed but could not get an extra inch. The Lady Friend, it needs to be said, stands or sits at 5-2.

So we’re back on the merry-go-round. I’ll keep you posted.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Magical Realism and Rubin (Hurricane) Carter PDF  | Print |  E-mail
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Thursday, 24 April 2014 14:35


By Mel Lavine • Special to the Times

One of the world’s most famous writers, Gabriel Garcia Marquez, died last Friday in Mexico City at 87. His 1967 novel, “One Hundred Years of Solitude,” established him as the master of a form in fiction known as magical realism, in which, it’s said,  “the miraculous and the real converge.”

The method thrived in the second half of the 20th century in Latin America, the U.S,  and elsewhere. As Michiko Kakutani, the New York Times critic, wrote,  Garcia Marquez “recognized the extraordinary in the mundane, the familiar in the fantastic.” His books were translated into dozens of languages. In 1982 he received the Nobel Prize for Literature.

The story of Rubin (Hurricane) Cater, the prizefighter, who died this week at 76, strikes me as an example of a tale of magical realism where “the miraculous and the real converge.” Carter’s obit in the New York Times, written by Selwyn Raab, tells the story of an up and coming black prizefighter, twice wrongly convicted of murder. Before the charges against him were dismissed he had spent 19 years in prison. Carter was convicted twice on the same charges of fatally shooting two men and a woman, all white, allegedly in a case of racial revenge, in a New Jersey tavern in 1966. A campaign  to clear his name attracted great international attention. 

The actor, Denzel Washington, starred in a 1999 movie, “the Hurricane,” based on Carter’s life. The movie “was widely criticized as simplistic and rife with historical inaccuracies,” according to Raab.

“A more complex picture was provided in accounts by Mr. Carter’s relatives and supporters, and by Mr. Carter himself in his autobiography, ‘The 16th Round,’ published in 1974 when he was in prison,” Raab wrote.

Carter’s formal education ended early in a reform school, but he “survived imprisonment and frequent solitary confinement by becoming a voracious reader of law books and volumes of philosophy, history, metaphysics and religion. During his bleakest moments he expressed confidence that he would one day be proved innocent.” Right After his second conviction in 1977 he told the Times, “They  can incarcerate my body but never my mind.”

Many appeals failed. But when the issues were heard for the first time in a federal court in 1985, a judge “overturned the convictions on constitutional grounds. He ruled that prosecutors had ‘fatally infected the trial’ by resorting, without evidence, to the racial revenge theory and that they had withheld evidence.” Carter was freed. An alleged accomplice had been placed on parole a few years earlier.

In Toronto where he was living when he died of prostate cancer, Carter founded Innocence International and lectured about inequities in the U.S. criminal justice system. In  2011 he published an autobiography, “Eye of the Hurricane: My Path From Darkness to Freedom,” with a foreword by Nelson Mandela.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

When Doctors Made House Calls PDF  | Print |  E-mail
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Thursday, 17 April 2014 15:04


By Mel Lavine • Special to the Times

For the past couple of months I’ve been recovering from pneumonia. During my convalescence, I remembered a young doctor from Germany I’d met when walking in the Sierra. He worked for the government and made house calls as part of his practice, including making the rounds of the elderly. He did not see the sense of the hassle falling on ailing older people.

“Why should an older patient who’s been ill have to make the effort to see the doctor?” he said. A doctor, he added, learns a lot about a patient when he sees him in his own home.

I remember doctors making house calls in the mid-1930s when I was a boy of eight. I was feverish with a streptococcus infection. When Dr. Harris, a cheerless man, came up the steps to my house in a suburb of Boston, smelling of formaldehyde, I recoiled. He must have thought I was asleep for I remember his telling my father, “I don’t give this boy a plug nickel’s chance.”

Under my breath, I swore to myself, I’d show him. I’d make him eat his words.” Of course, it was the doctor and the new sulfa drugs that saved me.

In those days when doctors made house calls you heard less about hospitals. The Lady Friend recalls that when she was a child in North Dakota, Dr. Gaebe came to the house and helped her mother put her in a bath tub. “I must have been  really sick,” she said. “Today I’d be in the hospital.” The nearest hospital then and now is 30 miles away in Bismarck.

During my hospital stay, my room was divided by a curtain. A fellow whom I could not see because of the partition was in terrible pain, pleading for morphine. I don’t know if he was ever helped but his cries kept me awake. I begged to be moved. However, the nurses said all the beds were occupied. I slept poorly.

After a hospital stay of five days, and a week at home I got ready to see my doctor. The most ordinary preparations were a climb – shaving, showering, getting into fresh clothes, then making my way with the aid of a walker to the car and getting in, with the Lady Friend at the wheel. We were fifteen minutes early for the appointment. Not unexpectedly we sat in the doctor’s waiting room, crowded with sick people, for  two hours before we were called.

My doctor is a fine physician, and much admired, but like so many in his profession he is caught up in the madness that characterizes much of health care in the America of today. I worry about him.

As for the German doctor who made house calls, I’ve not seen him since but he’s given me a lot to think about.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

The Typewriter PDF  | Print |  E-mail
Thursday, 27 March 2014 15:05


By Mel Lavine • Special to the Times

My trials with the computer are no secret among people who know me.

I am a displaced person from the age of typewriters who came kicking and screaming into cyberspace.

I have missed typewriters ever since computers took over the world. I am not, for example, like one old friend who ditched his typewriter the day he bought his first computer. In fact, I’ve kept an antiquated Olympia, a weighty table model, not as a writing machine but as a reminder of a simpler age.

The insecurity of the electronic miracle drives me nuts. The other day my printer was on the fritz. But if it’s not the printer, it’s the ink cartridge, or the screen, or the modem, or a short, or the wires, or a finger strays and presto! I’ve lost a document, weeks of work down the rabbit hole.

Saving on the hard disk is not security enough. Think power outages. So think CDs, or  SanDisk’s Cruzer Micro. The friend who made a gift of the latter says it’s a cinch to connect to the computer. And probably it is, but the Lady Friend and I are still figuring it out.

I’m telling you all this because after the printer failed I dropped in at an office equipment store that sells typewriters, old typewriters, to be sure.

“I just want to look at your typewriters. I don’t know if I’ll buy anything.”

“Take your time,” said a burly fellow who didn’t stir from a desk in a large room with all sorts of devices for business. “Take all the time you like.”

I liked the Smith Corona for $180 but I really liked the Olivetti for $250. But then I asked myself, why am I doing this? I’ll never use the typewriter. I’ll never give up the computer.

“I like the Olivetti,” I said. “But I need to sleep on it.” I hesitated, then wrote him a check on account for $50.

That night the printer was running again, and to my relief functioned flawlessly. In the morning I went back to the store lugging my old Olympia. The burly fellow fiddled with it a moment, then we bargained. In the end I wound up paying a few dollars off the listed price and left happy with the Olivetti.

When I got home I showed the typewriter to the Lady Friend. “It’s very nice,” she said. “But you’ll never use it.”

This column originally appeared on March 10, 2011.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

2010: A Quake to Remember PDF  | Print |  E-mail
Thursday, 13 March 2014 15:08


By Mel Lavine • Special to the Times

The Lady Friend and I had been in a cold war over retrofitting the house. A January 9, 2010 earthquake up in Eureka brought matters to a boil.

Pointing to a picture in the San Francisco Chronicle of a distraught woman in front of  a house that collapsed off its foundation, she said, “That could be us. That could be our house. Then where would we be? Out in the street!”

The Eureka temblor, with a magnitude of 6.5, didn’t kill anyone but people were tossed around, some were hurt, and the fire chief figured damage at 12.5 million in this city of 26,000. The earthquake hit off shore about 23 miles and raised fears of a tsunami. Although no tsunami ever happened, many people headed for higher ground, according to the Chronicle.

The Eureka Times-Standard  put out a paper even though the staff had to work without electricity. Journalists who weren’t out in the field made do on a single laptop computer. The headlights from a car provided the light. The paper’s printer was down as well but a nearby firm came to the rescue with the know-how. In the end, the paper published an eight-page “emergency section” Sunday morning.

The Lady Friend’s response to the Eureka quake was one of alarm,  and a call to action. Mine was different. The news brought me back to a time when I was a young reporter on the Humboldt Times in Eureka. in early 1952. A New England native, I’d never been through an earthquake before. That day when it struck – about noon – my apartment rocked, the coffee pot in the kitchen sailed into the front room and crashed. A moment later I watched in disbelief  when the brick chimney on the house across the street crumbled.

As I remember, one person, a logger, died in that quake. He was sitting on the edge of a log pond eating lunch when the earthquake struck, knocking him into the water where he drowned.

I spent the day news-gathering. When I stepped into the office the publisher, Don O’Kane, was on the line with the New York Times. Handing me the phone, he said they asked to talk to a reporter who could give them the scoop. I told the Lady Friend, “This was a kick. A second kick was to see the story on page one, above the fold, in the newspaper of record, with some of what I told them in quotes.”

Of course I was evading the issue. The Lady Friend had heard the story before. Retrofitting is costly, very costly. But, she asked, can we afford not to do it and risk losing everything?

“That’s the Jack Benny question,” I said. “Your money or your life? In this case your money or your house?”

“Well?” said she.

“I’m thinking. I’m thinking.”

This column originally appeared on January 14, 2010.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Consequences of Age Discrimination PDF  | Print |  E-mail
Thursday, 06 March 2014 15:00


By Mel Lavine • Special to the Times

It’s usually easier to identify race and sex discrimination in the work place than age discrimination. This is the gist of a new study by Princeton researchers in measuring age discrimination on the job. In sum, a professor and co-author of the study told a  New York Times reporter, “If you want to be an aging panther, and speak your mind to your manager, that’s fine. But expect consequences.”

It isn’t just in the work place. And you don’t have to speak uppity to feel discriminated against.  Most of the time you don’t have to open your mouth. Ask the Lady Friend.

At the checkout counter, she’s asked how many bags she wants for her groceries. If she wants everything in one bag, they’ll say, “Oh, you’re so strong,” as if she were a five-year-old.”

But at 80 she knows she has to slow down. Last week she hiked for eight miles on a narrow, hilly, rocky trail in the Trinity Alps with three women friends – ten to 15 years her junior. The pace had to be slower because of her. It made her feel guilty. She used to be able to keep up, if not lead the pack, and that was not so long ago.

The results of the Princeton survey don’t surprise either of us (I’m the senior by five years). It found that young and middle-aged workers can speak their minds more freely to their employers than 75-year-olds.

“Old people,” says the Lady Friend, “have always been a joke in this country. It’s just that we’re old and there’s nothing to be done about it. Younger people would like us to be cute and pliable and not assertive. At least that’s what I get from the story about the study, and from my own experience. If you’re assertive you are going to pay the consequences if you’re an older person, and those are the ones who generally speak up on the job.”

According to the Times article, when an older man or woman is laid off, it typically took two to six months longer to find a new job than it took younger workers. And the new job is likely to pay less.

A similar story was told by many unemployed older people during the recent recession. “They sent in their resume and got called for an interview, but when they walked in, potential employers saw their white hair and that was it,” the paper said.

As the Lady Friend put it, “The employers didn’t see the experience they saw on the application.”

This column originally appeared on July 25, 2013.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

People Forget PDF  | Print |  E-mail
Thursday, 27 February 2014 12:08


By Mel Lavine • Special to the Times

“For of all sad words of tongue or pen,

The saddest are these: “it might have been!”

– John  Greenleaf Whittier (1807-1892)

So can it be said of Lyndon Johnson who, on the one hand, is revered for the domestic legislation enacted in the five years he was president (1963-68); on the other, reviled for engulfing the country in Vietnam, a failed war that cost the lives of 60,000 Americans, and of Asians estimated in the hundreds of thousands.

In an effort to save Johnson’s domestic legacy from becoming a casualty of Vietnam the L.B.J. Presidential Library and Museum in Austin will hold a Civil Rights Summit in April to remember – 50 years later – the signing of the Civil Rights Act, a “landmark piece of legislation” outlawing “discrimination  based on race, color, religion, sex or natural origins,” according to Wikipedia.

Former presidents Jimmy Carter, Bill Clinton, and George W. Bush, and President Obama, are all expected to attend the ceremony.

In addition to commemorating Johnson’s signing of the Civil Rights Act, the library will also mark the 50th anniversary of other Johnson milestones including Medicare, Head Start, the Clean Air Act, public broadcasting, the National Endowment of the Humanities, the warnings on cigarettes packs, and the requirements for seatbelts. The country hadn’t seen anything like it since, and rarely if ever, with the exception of the New Deal. No surprise, really. F.D.R. was Johnson’s idol.

In an announcement that took people by surprise, Johnson went on television on March 31, 1968 to say that he would not seek nor accept the Democratic nomination  for another term as president. To some of us watching, the words seemed unrehearsed, ad-libbed, coming at the end of a speech on some matter of the day erased by the shocking announcement.

People were startled, confused. I remember a friend turning to me and saying, “Did he say what I think he said? He’s stepping down? Not going to run?”

Because of the unpopularity of the war, Senator Eugene McCarthy, an anti-war candidate, had challenged Johnson in the New Hampshire primary that winter. McCarthy didn’t upset the president, but he ran a strong second – strong enough to cause Johnson to take himself out of contention at the risk of being denied the nomination.

Years later, when I was working at CBS News, one of the most senior correspondents, in recalling that time, said Johnson never gave up hoping the party would come to him in the end. It didn’t happen. He left the White House a broken man. He was 64 when he died in 1973, another casualty of Vietnam.

The need to widen the view of Johnson from the war was expressed by Doris Kearns Goodwin, a historian who wrote a fine biography of Johnson.

“I absolutely  think the time has come,” she told the New York Times. “When he left office the trial and tribulations of the war were so emotional that it was hard to see everything else he had done beyond Vietnam. The country fundamentally changes as a result of L.B.J.”s presidency.”

That may be a hard case to sell to the public at large. Nonetheless the Johnson family and friends want Americans to take a second look at L.B.J.’s accomplishments. People forget.

Mel Lavine was a television producer for many years with NBC News and CBS News in New York. Contact  him at his e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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