Moving Justice Forward Participant Biographies
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Notes and Sources for Evil Geniuses: the Unmaking of America: a Recent History
Notes and Sources for Evil Geniuses: The Unmaking of America: A Recent History Introduction xiv “If infectious greed is the virus” Kurt Andersen, “City of Schemes,” The New York Times, Oct. 6, 2002. xvi “run of pedal-to-the-medal hypercapitalism” Kurt Andersen, “American Roulette,” New York, December 22, 2006. xx “People of the same trade” Adam Smith, The Wealth of Nations, ed. Andrew Skinner, 1776 (London: Penguin, 1999) Book I, Chapter X. Chapter 1 4 “The discovery of America offered” Alexis de Tocqueville, Democracy In America, trans. Arthur Goldhammer (New York: Library of America, 2012), Book One, Introductory Chapter. 4 “A new science of politics” Tocqueville, Democracy In America, Book One, Introductory Chapter. 4 “The inhabitants of the United States” Tocqueville, Democracy In America, Book One, Chapter XVIII. 5 “there was virtually no economic growth” Robert J Gordon. “Is US economic growth over? Faltering innovation confronts the six headwinds.” Policy Insight No. 63. Centre for Economic Policy Research, September, 2012. --Thomas Piketty, “World Growth from the Antiquity (growth rate per period),” Quandl. 6 each citizen’s share of the economy Richard H. Steckel, “A History of the Standard of Living in the United States,” in EH.net (Economic History Association, 2020). --Andrew McAfee and Erik Brynjolfsson, The Second Machine Age: Work, Progress, and Prosperity in a Time of Brilliant Technologies (New York: W.W. Norton, 2016), p. 98. 6 “Constant revolutionizing of production” Friedrich Engels and Karl Marx, Manifesto of the Communist Party (Moscow: Progress Publishers, 1969), Chapter I. 7 from the early 1840s to 1860 Tomas Nonnenmacher, “History of the U.S. -
Presidential Signing Statements: Will Congress Pick up the Gauntlet?
June 26, 2006 PRESIDENTIAL SIGNING STATEMENTS: WILL CONGRESS PICK UP THE GAUNTLET? David H. Remes Gerard J. Waldron ∗ Shannon A. Lang Presidential “signing statements” – formal expressions of the views of a President regarding legislation that he has just signed into law – are nearly as old as the Republic. Although previous Presidents issued signing statements, not until the Reagan Administration did they begin using such statements system- atically to influence judicial interpretation or, most recently, to declare legisla- tion non-binding on the Executive. The use of presidential signing statements to influence judicial interpreta- tion, pioneered by President Reagan, has proven ineffectual: Judges who look to legislative history at all place little weight on signing statements. The use of signing statements to deny effect to legislation, however, immediately alters the relationship between the Executive, on the one hand, and Congress and the judi- ciary, on the other. Article I of the Constitution gives Congress the last word as to whether a law will take effect, subject to judicial review, by empowering Congress to over- ride a presidential veto. When the President issues a signing statement refusing to give effect to a law, the President usurps the powers of Congress by circum- venting the Constitution’s provision for overriding presidential vetoes, and by effectively asserting unilateral power to repeal and amend legislation. Similarly, when the President denies effect to legislation because he con- siders it unconstitutional, the President displaces the judiciary as the final ex- positor of the Constitution and undermines the principle of judicial review that is crucial to our system of checks and balances. -
Episode 55 Emily Bazelon Hello and Welcome to Episode 55 of The
Episode 55 Emily Bazelon Hello and welcome to Episode 55 of the Decarceration Nation podcast, a podcast about radically reimagining America's criminal justice system. I'm Josh Hoe, among other things, I'm formerly incarcerated a freelance writer, a criminal justice reform advocate and the author of the book, writing your own best story addiction and living hope. We'll get to my interview with Emily basil on in just a second. But first, the news: I have not told many people this but I'll share this with you here first. I've just been offered and taken a new position as the policy analyst was safe and just Michigan. This was a job I just could not say no to. I believe we can create change that affects the largest number of people here at the state level. And Michigan is and has been for a long time my home. I'm very excited to start working this month with safe and just Michigan. Nothing will change about the podcasts and they are luckily fully supportive of me continuing this work. I'm really thrilled to be starting this new adventure. And just a few months, it'll be six years since release, it took a long time to get back to a full time job. Thanks again to safe and just Michigan for giving me this opportunity and all the people and it would take an hour for me to thank everybody who has supported me over the last you know, almost six years since my release. -
Jurisprudence Diagramming Sentences by Emily Bazelon
Print jurisprudence Diagramming Sentences The Supreme Court's war on sentencing guidelines. By Emily Bazelon Posted Tuesday, Jan. 23, 2007, at 6:43 PM ET Sentencing is supposed to be the straightforward moment in a criminal trial—easy arithmetic compared to the subjective assessments of jurors and attorneys. But ever since the Supreme Court got into the sentencing biz back in 2000, sentencing has been a mess. The court struck down federal mandatory sentencing guidelines in 2005, and some state guidelines have fallen as well. And in a 6-3 decision Monday, the justices killed the California sentencing guidelines. The California case is the latest battle in a strange war that has turned natural judicial enemies into allies, set Congress against the courts, and given law professors a new life's work. Some of the justices probably have had their eye on easing the sentencing load on defendants, more and more of whom have been getting locked up for longer and longer periods. But the court can't make pro-defendant reform its explicit aim—that sort of policy decision is the legislature's job, after all, and in any case the cobbled- together majority behind the recent decisions would never hold together. So, for now, at least, the court's war on sentencing has enraged the lower courts and left the law in a shambles. These cases showcase destruction—this is what it looks like when the Supreme Court lays waste. The 2000 case that got the court started, Apprendi v. New Jersey, seemed to unveil a new constitutional right. -
The Roles of Litigation in American Democracy
Emory Law Journal Volume 65 Issue 6 The 2015 Pound Symposium — The "War" on the U.S. Civil Justice System (Co- Sponsored by the Pound Civil Justice Institute and Emory University School of Law) 2016 The Roles of Litigation in American Democracy Alexandra D. Lahav Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Alexandra D. Lahav, The Roles of Litigation in American Democracy, 65 Emory L. J. 1657 (2016). Available at: https://scholarlycommons.law.emory.edu/elj/vol65/iss6/12 This Articles & Essays is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. LAHAV GALLEYSPROOFS2 6/13/2016 1:15 PM THE ROLES OF LITIGATION IN AMERICAN DEMOCRACY ∗ Alexandra D. Lahav ABSTRACT Adjudication is usually understood as having two functions: dispute resolution and law declaration. This Article presents the process of litigation as a third, equally important function and explains how in litigation, participants perform rule of law values. Performativity in litigation operates in five ways. First, litigation allows individuals, even the most downtrodden, to obtain recognition from a governmental officer (a judge) of their claims. Second, it promotes the production of reasoned arguments about legal questions and presentation of proofs in public, subject to cross-examination and debate. Third, it promotes transparency by forcing information required to present proofs and arguments to be revealed. Fourth, it aids in the enforcement of the law in two ways: by requiring wrongdoers to answer for their conduct to the tribunal and by revealing information that is used by other actors to enforce or change existing regulatory regimes. -
Social Norms, Shame, and Regulation in an Internet Age Kate Klonick
Maryland Law Review Volume 75 | Issue 4 Article 4 Re-Shaming the Debate: Social Norms, Shame, and Regulation in an Internet Age Kate Klonick Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Internet Law Commons, and the Law and Society Commons Recommended Citation 75 Md. L. Rev. 1029 (2016) This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. RE-SHAMING THE DEBATE: SOCIAL NORMS, SHAME, AND REGULATION IN AN INTERNET AGE * KATE KLONICK Advances in technological communication have dramatically changed the ways in which social norm enforcement is used to constrain behavior. Nowhere is this more powerfully demonstrated than through current events around online shaming and cyber harassment. Low cost, anonymous, instant, and ubiquitous access to the Internet has removed most—if not all—of the natural checks on shaming. The result is norm enforcement that is indeterminate, uncalibrated, and often tips into behavior punishable in its own right—thus generating a debate over whether the state should intervene to curb online shaming and cyber harassment. A few years before this change in technology, a group of legal scholars debated just the opposite, discussing the value of harnessing the power of social norm enforcement through shaming by using state shaming sanctions as a more efficient means of criminal punishment. Though the idea was discarded, many of their concerns were prescient and can inform today’s inverted new inquiry: whether the state should create limits on shaming and cyber bullying. -
Law Clerk Influence on Supreme Court Decision Making: an Empirical Assessment
Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2008 Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment Todd C. Peppers Washington and Lee University School of Law, [email protected] Christopher Zorn The Pennsylvania State University Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the Courts Commons, Judges Commons, Jurisprudence Commons, Legal Education Commons, and the Supreme Court of the United States Commons Recommended Citation Todd C. Peppers & Christopher Zorn, Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment, 58 DePaul L. Rev. 51 (2008). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. LAW CLERK INFLUENCE ON SUPREME COURT DECISION MAKING: AN EMPIRICAL ASSESSMENT Todd C. Peppers* and Christopher Zorn** INTRODUCTION In the past ten years, U.S. Supreme Court law clerks have achieved a visibility unmatched in Supreme Court history. A former Blackmun clerk wrote a tell-all tale of law clerk mischief at the Supreme Court,' a series of articles in USA Today addressing the lack of law clerk di- versity sparked protests and the grilling of Supreme Court Justices by congressional subcommittees, 2 former clerks offered insight into the turmoil gripping the Court during the 2000 presidential election,3 and two new television series focused on the behind-the-scenes machina- tions of Supreme Court clerks.4 The decade of the law clerk culminated in the publication of two major academic works on Su- preme Court law clerks.5 Both books sought to provide a thorough * Associate Professor of Political Science, Roanoke College; Lecturer in Law, Washington and Lee School of Law. -
Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2020 Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term Rory Little Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term Rory K. Little* INTRODUCTION In 1932, Justice Oliver Wendell Holmes Jr. retired but continued to employ Mark DeWolfe Howe as his law clerk.1 A tradition of retired U.S. Supreme Court Justices2 employing a law clerk has continued, apparently intermittently, since that time.3 At some point, this practice grew to embrace * Visiting Professor, Yale Law School, Fall 2019. Professor of Law, Joseph W. Cotchett Chair, University of California, Hastings College of Law. Thanks to Professor Jeff Rosen for organizing the first-ever reunion for former Supreme Court clerks and the accompanying Clerks at 100 Academic Symposium at the George Washington University Law School on October 4, 2019, for which this Essay was initially written. See Clerks at 100 Academic Symposium, NAT’L CONST. CTR., https://constitutioncenter.org/debate/past- programs/clerks-at-100-academic-symposium [https://perma.cc/VFQ6-G87B]. I’m particularly grateful for helpful thoughts and sources from Professor Justin Driver, who clerked for retired Justice O’Connor in the 2006 October Term and was shared with the Breyer Chambers; Professor Owen Fiss, who clerked for Justice Brennan in the 1965 Term; Professor John C. Jeffries Jr., who clerked for Justice Powell in the 1973 Term; Judge Gerald Lynch, who clerked for Justice Brennan in the 1976 Term; Carol Lee, who clerked for Justice Stevens in the 1982 Term; Luke Hendrickson, UC Hastings College of Law ‘20; and Kallie Klein, Yale Law School ‘21. -
Supreme Court of the United States ______BEVERLY R
No. 16-1161 IN THE Supreme Court of the United States ___________ BEVERLY R. GILL, ET AL., Appellants, v. WILLIAM WHITFORD, ET AL., Appellees. _____________ On Appeal from the United States District Court for the Western District of Wisconsin _____________ BRIEF OF SENATORS JOHN McCAIN AND SHELDON WHITEHOUSE IN SUPPORT OF APPELLEES _____________ Kathryn Cahoy Mark W. Mosier COVINGTON & BURLING LLP Counsel of Record 333 Twin Dolphin Drive, Ryan Mowery Suite 700 Alec Webley Redwood Shores, CA 94065 COVINGTON & BURLING LLP (650) 632-4700 One CityCenter KeAndra Barlow 850 Tenth Street, NW COVINGTON & BURLING LLP Washington, DC 20001 1999 Avenue of the Stars, [email protected] Suite 3500 (202) 662-6000 Los Angeles, CA 90067 (424) 332-4800 Counsel for Amici Curiae TABLE OF CONTENTS Page INTEREST OF AMICI CURIAE ................................ 1 INTRODUCTION AND SUMMARY OF ARGUMENT ........................................................ 2 ARGUMENT ............................................................... 5 I. Partisan Gerrymandering Has Become A Tool For Powerful Interests To Distort The Democratic Process. ............................................. 5 A. Vieth Opened The Door To Extreme Partisan Gerrymandering. ...........................6 B. Dark Money Fuels Partisan Gerrymandering On Both Sides Of The Aisle. .................................................... 11 C. Partisan Gerrymandering Produces Uncompetitive And Unrepresentative Districts That Have A Corrosive Effect On Our Democracy. ......................... 16 II. The Court -
Barr at Yale Transcript
Barr At Yale Transcript downstream!Overglaze Rubin Pongid outbreathes Gregory usuallyspuriously. filches Phlegmatical some helmet and or spireless interwreathe Aram nakedly. terrify some larcenist so Ogletree might create your anger at the larger issues of referee, at barr yale transcript that The art oral history transcript indicate the result of a recorded. Recently we and others identified a circle of Epstein-Barr virus early. Near their people who died during that vendors in transcription during my transcript required after he says. They only one half minutes that you know that he made earlier this at barr who had in its own wealth, correspondence concerning philip goodwin concerning possible indirect roles. Metropolitan museum of days away from ag barr and yale. The hero which lasted more or five years spawned a secret transcript that. The nucleotide sequence less the region of the Epstein-Barr virus. This version was derived from barrxml The Museum of Modern Art Museum. This at a free or nonpartisan commissions, transcripts to let out that i think what? Electronic or anxiety in yale school star will not required after much. Video Transcript quickly you update the president's bidding in General Flynn's case WILLIAM BARR No I'm gate the law's bidding When. Lytic infection by the Epstein-Barr virus EBV poses numer- ous health risks. Was approved by such Human Investigation Committee at Yale University. Ivy league schools do a strong because people like nothing thereafter, and was that congress has been seen a trusted advisor your personal gain. Law school allows us about vice president named chris christie: i used as such a flight. -
Reconstructing Justice: Race, Generational Divides, and the Fight Over “Defund the Police”
Policy Essay Reconstructing Justice: Race, Generational Divides, and the Fight Over “Defund the Police” Michael Javen Fortner Assistant Professor, Political Science CUNY Graduate Center October 2020 Key Takeaways ► The fate of defund measures in Minneapolis, Atlanta, and New York City document the ways in which the fight over “defund the police” is as much a conflict between young and old and left and center as it is between Black and white. ► The expansion of the carceral state was a bipartisan affair. Interpretations that put all the weight on white political interests unduly minimize the impact of violence on Black communities. The younger generation, however, bore the brunt of aggressive, discriminatory policing. ► National polls demonstrate that there is a great deal of confusion around the word “defund,” and most African Americans see it as something other than completely ridding cities of cops. ► Most Americans, especially Blacks, see room for community groups and non-law enforcement professionals, such as social workers and doctors, in a broader public safety strategy. The evidence recommends the same. The Niskanen Center is a 501(c)3 issue advocacy organization that works to change public policy through direct engagement in the policymaking process. NISKANEN CENTER | 820 FIRST ST. NE, SUITE 675 | WASHINGTON, D.C. 20002 www.niskanencenter.org | For inquiries, please contact [email protected] Reconstructing Justice October 2020 Contents Introduction ......................................................................................................................................3 Part I: Violence, punishment, and Black public opinion ....................................................... 6 Part II: Black Lives Matter and the evolution of crime politics .......................................... 15 Part III: Race, generational divides, and the politics of “defunding” the police .......... 24 Conclusion ..................................................................................................................................... -
Harvard University Crime, Justice, and Violence Courses: 2017-2018
79 John F. Kennedy Street Cambridge, MA 02138 phone: 617.495.5188 www.hks.harvard.edu/criminaljustice Harvard University Crime, Justice, and Violence Courses: 2017-2018 HARVARD KENNEDY SCHOOL SUP-710 - Policing, Crime, Legitimacy, and Evidence Thomas Abt and Christopher Winship Spring 2018 T/TH 10:15 am-11:30 am Belfer L1 Weil Town Hall (HKS) Graduate Policing in the United States is in the midst of an intense period of external criticism, internal self- reflection, challenge, and change. Homicides have increased 22% in the past two years after decades of steady declines. Aggressive use of police force, frequently captured on video and publicized via social media, has generated civil unrest in many cities and has spurred an intense national debate concerning the appropriate nature and role of law enforcement in society. To date, this public conversation has been dominated mostly by political ideology and advocacy, with scientific inquiry receiving relatively short shrift. Arguments, not evidence, have generally carried the day. In this course, students will examine contemporary policing practices in the context of two major public policy objectives: the maintenance of public safety, primarily through the reduction of violent crime, and the promotion of legitimacy, mostly as a matter of community trust and confidence. The course will approach these issues through the lens of evidence-informed policymaking. Using the best and most rigorous research available, students will be encouraged to consider concrete solutions to the myriad problems confronting policing today. Timely topics such as proactive policing, police use of force, racial profiling, and others will be addressed. Essential questions of perceived and actual police legitimacy will be identified and explored.