Curriculum Vitae of Jeffrey Miron
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Cato Institute As Amicus Curiae in Support of Petitioners ______
No. 17-1702 IN THE Supreme Court of the United States ___________________ MANHATTAN COMMUNITY ACCESS CORPORATION, DANIEL COUGHLIN, JEANETTE SANTIAGO, CORY BRYCE, Petitioners, v. DEEDEE HALLECK, JESUS PAPOLETO MELENDEZ, Respondents. ___________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit ___________________ BRIEF OF THE CATO INSTITUTE AS AMICUS CURIAE IN SUPPORT OF PETITIONERS ___________________ ILYA SHAPIRO DAVID DEBOLD TREVOR BURRUS Counsel of Record CATO INSTITUTE GIBSON, DUNN & CRUTCHER LLP 1000 Mass. Ave., NW. 1050 Conn. Ave., N.W. Washington, D.C. 20001 Washington, D.C. 20036 (202) 955-8500 [email protected] VINCE EISINGER JACOB ARBER GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue New York, NY 10166 Counsel for Amicus Curiae i QUESTIONS PRESENTED 1. Whether the Second Circuit erred in rejecting this Court’s state actor tests and instead creating a per se rule that private operators of public access channels are state actors subject to constitutional li- ability. 2. Whether the Second Circuit erred in holding— contrary to the Sixth and D.C. Circuits—that private entities operating public access television stations are state actors for constitutional purposes where the state has no control over the private entity’s board or operations. ii TABLE OF CONTENTS Page QUESTIONS PRESENTED ........................................ i TABLE OF AUTHORITIES ....................................... iv INTEREST OF AMICUS CURIAE ............................ 1 SUMMARY OF ARGUMENT ..................................... 1 ARGUMENT ............................................................... 4 I. THE QUESTIONS PRESENTED IN THE PETITION ARE RIPE FOR—AND IN NEED OF—RESOLUTION .............................4 A. This Case Properly Presents the Question Left Undecided in Denver Area ........................................................4 B. The Second Circuit Has Created a Spurious and Untenable Distinction Between Leased Access Channels and Public Access Channels ..................7 II. -
Rethinking America's Illegal Drug Policy
NBER WORKING PAPER SERIES RETHINKING AMERICA'S ILLEGAL DRUG POLICY John J. Donohue III Benjamin Ewing David Peloquin Working Paper 16776 http://www.nber.org/papers/w16776 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 February 2011 The authors wish to thank Jonathan Caulkins, Phil Cook, Louis Kaplow, Rob MacCoun, Jeffrey Miron, Peter Reuter, and participants at two NBER conferences and the Harvard Law School Law and Economics workshop for valuable comments. We are also particularly grateful to Jeffrey Miron and Angela Dills for sharing their national time series data on drug prohibition enforcement and crime. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. © 2011 by John J. Donohue III, Benjamin Ewing, and David Peloquin. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Rethinking America's Illegal Drug Policy John J. Donohue III, Benjamin Ewing, and David Peloquin NBER Working Paper No. 16776 February 2011, Revised March 2011 JEL No. K0 ABSTRACT This paper provides a critical review of the empirical and theoretical literatures on illegal drug policy, including cross-country comparisons, in order to evaluate three drug policy regimes: criminalization, legalization and “depenalization.” Drawing on the experiences of various states, as well as countries such as Portugal and the Netherlands, the paper attempts to identify cost-minimizing policies for marijuana and cocaine by assessing the differing ways in which the various drug regimes would likely change the magnitude and composition of the social costs of each drug. -
WHY COMPETITION in the POLITICS INDUSTRY IS FAILING AMERICA a Strategy for Reinvigorating Our Democracy
SEPTEMBER 2017 WHY COMPETITION IN THE POLITICS INDUSTRY IS FAILING AMERICA A strategy for reinvigorating our democracy Katherine M. Gehl and Michael E. Porter ABOUT THE AUTHORS Katherine M. Gehl, a business leader and former CEO with experience in government, began, in the last decade, to participate actively in politics—first in traditional partisan politics. As she deepened her understanding of how politics actually worked—and didn’t work—for the public interest, she realized that even the best candidates and elected officials were severely limited by a dysfunctional system, and that the political system was the single greatest challenge facing our country. She turned her focus to political system reform and innovation and has made this her mission. Michael E. Porter, an expert on competition and strategy in industries and nations, encountered politics in trying to advise governments and advocate sensible and proven reforms. As co-chair of the multiyear, non-partisan U.S. Competitiveness Project at Harvard Business School over the past five years, it became clear to him that the political system was actually the major constraint in America’s inability to restore economic prosperity and address many of the other problems our nation faces. Working with Katherine to understand the root causes of the failure of political competition, and what to do about it, has become an obsession. DISCLOSURE This work was funded by Harvard Business School, including the Institute for Strategy and Competitiveness and the Division of Research and Faculty Development. No external funding was received. Katherine and Michael are both involved in supporting the work they advocate in this report. -
Exploring Inequality
SMU McLane/Armentrout/Bridwell Scholars Reading Groups Fall 2020 Syllabus Exploring Inequality Tues./Wed.: Dean Stansel, Ph.D., Senior Research Fellow [email protected], office: 214-768-3492 Mon./Fri.: Meg Tuszynski, Ph.D., Research Fellow & Assistant Director [email protected], office: 214-768-3170 O’Neil Center for Global Markets & Freedom (www.oneilcenter.org) Cox School of Business, Crow 282 Meeting Times. Our meetings will be held on Mondays (Bridwell), Tuesdays (McLane), and Wednesdays (Armentrout) at 6-7 pm (Central time), and Fridays (Armentrout) at 11am-noon (Central time) online via Zoom. All four groups have the same readings. Attendance is required. Your attendance and active participation are required. We will have 10 regular meetings plus a joint reading group summit with the students from similar reading groups at Baylor, Texas Tech, Angelo State, and University of Central Arkansas. That event will be held online via Zoom on the morning of Sat. Oct. 17 and is a required part of the program. You will not be paid the $1000 stipend if you do not attend. You are required to attend all 10 weekly meetings. However, if you have an unavoidable conflict, we do have limited flexibility, with advance notice, for you to switch nights if you cannot attend on your regular reading group night (i.e., if you can’t make one of your regular Monday night meetings, you can instead attend on Tuesday, Wednesday, or Friday that week and vice-versa). In addition, the O’Neil Center hosts several guest speakers throughout the semester. Those will all be online this semester. -
The Billionaire Behind Efforts to Kill the U.S. Postal Service by Lisa Graves/True North Research for in the Public Interest
The Billionaire Behind Efforts to Kill the U.S. Postal Service By Lisa Graves/True North Research for In the Public Interest JULY 2020 About Lisa Graves Lisa Graves is the Executive Director of True North and its editor-in-chief. She has spearheaded several major breakthrough investigations into those distorting American democracy and public policy. Her research and analysis have been cited by every major paper in the country, and featured in critically acclaimed books and documentaries including Ava DuVernay’s “The 13th.” She has appeared frequently on MSNBC as a guest on Last Word with Lawrence O’Donnell as well as on other MSNBC shows. She has also served as a guest expert on CNN, ABC, NBC, CBS, CNBC, BBC, C-SPAN, Amy Goodman’s Democracy Now!, the Laura Flanders Show, and other news shows. She’s written for the New York Times, Slate, TIME, the Nation, In These Times, the Progressive, PRWatch, Common Dreams, Yes!, and other outlets. Her research is cited in major books such as Dark Money by Jane Mayer, Give Us the Ballot by Ari Berman, Corporate Citizen by Ciara Torres-Spelliscy, The Fall of Wisconsin by Dan Kaufman, and others. About In the Public Interest In the Public Interest is a research and policy center committed to promoting the common good and democratic control of public goods and services. We help citizens, public officials, advocacy groups, and researchers better understand the impacts that government contracts and public-private agreements have on service quality, democratic decision- making, and public budgets. Our goal is to ensure that government contracts, agreements, and related policies increase transparency, accountability, efficiency, and shared prosperity through the provision of public goods and services. -
MORE THOUGHTS PER DOLLAR? the Relative Efficiency of Liberal and Conservative Think Tanks
MORE THOUGHTS PER DOLLAR? The Relative Efficiency of Liberal and Conservative Think Tanks Conservatives often pride themselves on being good managers, maximizing efficiency in either business or the public sector. However, conservative think tanks do not seem to follow conservative ideology in this respect. When it comes to objective measures of impact on public debate – media citations or Internet reach per budget dollar – the conservative think tanks are outperformed by their liberal counterparts. These findings are based on an analysis of think tank operating budgets, website statistics and a recent study by Fairness and Accuracy in Reporting. While conservative think tanks have more impact in the media and on the Internet in absolute terms, their budgets are many times larger than those of their liberal counterparts. Comparing budgets with media citations and website usage, the top progressive performers do better than the top conservative performers in both categories by at least a factor of two. Yet, conservatives' overwhelming advantage in funding allows them to overcome their inefficient use of money. Media Citations The top three think tanks in media citations per dollar in 2004 were progressive or center-left in political orientation: Center for Economic and Policy Research, Center for American Progress and Economic Policy Institute, respectively. Table 1 shows the top ten think tanks ranked by citations per dollar. The most efficient conservative think tank by this measure is the American Table 1 Media Citations Per Dollar -
Conservative Think Tanks and Discourse on Immigration in the U.S
DePaul University Via Sapientiae College of Liberal Arts & Social Sciences Theses and Dissertations College of Liberal Arts and Social Sciences 6-2010 Conservative think tanks and discourse on immigration in the U.S. Emily J. Langerak DePaul University, [email protected] Follow this and additional works at: https://via.library.depaul.edu/etd Recommended Citation Langerak, Emily J., "Conservative think tanks and discourse on immigration in the U.S." (2010). College of Liberal Arts & Social Sciences Theses and Dissertations. 36. https://via.library.depaul.edu/etd/36 This Thesis is brought to you for free and open access by the College of Liberal Arts and Social Sciences at Via Sapientiae. It has been accepted for inclusion in College of Liberal Arts & Social Sciences Theses and Dissertations by an authorized administrator of Via Sapientiae. For more information, please contact [email protected]. CONSERVATIVE THINK TANKS AND DISCOURSE ON IMMIGRATION IN THE U.S. A Thesis Presented in Partial Fulfillment of the Requirements for the Degree of Master of Arts March 2010 BY Emily Langerak International Studies Department College of Liberal Arts and Sciences DePaul University Chicago, Illinois 1 Conservative Think Tanks and Discourse on Immigration in the U.S. Emily Langerak Table of Contents: Chapter 1: Introduction……………………………………………………………….. 3 Chapter 2: Our Nation’s Discourse on Immigration through History ………………..16 Chapter 3: Think Tanks in Policy Debate and Public Discourse…………………… 39 Chapter 4: The Heritage Foundation………………………………………………… 56 Chapter 5: The Cato Institute………………………………………………............... 74 Chapter 6: The American Enterprise Institute……………………………………… 92 Chapter 7: Conservative Think Tanks and Immigration Discourse: Dressing ideology and old narratives in scholarly robes…………… 113 Works Cited ………………………………………………………………………. -
Why and How the Koch Network Uses Disinformation to Thwart Democracy
“Since We Are Greatly Outnumbered”: Why and How the Koch Network Uses Disinformation to Thwart Democracy Nancy MacLean, Duke University For A Modern History of the Disinformation Age: Media, Technology, and Democracy in Historical Context Social Science Research Council *** Draft: please do not circulate without permission of the author *** ABSTRACT: This chapter examines one source of the strategic disinformation now rife in American public life: the Koch network of extreme right donors, allied organizations, and academic grantees. I argue that the architects of this network’s project of radical transformation of our institutions and legal system have adopted this tactic in the knowledge that the hard-core libertarian agenda is extremely unpopular and therefore requires stealth to succeed. The chapter tells the story of how Charles Koch and his inner circle, having determined in the 1970s that changes significant enough to constitute a “constitutional revolution” (in the words of the political economist James McGill Buchanan) would be needed to protect capitalism from democracy, then went about experimenting to make this desideratum a reality. In the 1980s, they first incubated ideas for misleading the public to move their agenda, as shown by the strategy for Social Security privatization that Buchanan recommended to Koch’s Cato Institute, and by the operations of Citizens for a Sound Economy, the network’s first and very clumsy astroturf organizing effort. In the light of these foundational efforts, subsequent practices of active disinformation by this network become more comprehensible as driven by a mix of messianic dogma and self-interest for a project that cannot succeed by persuasion and organizing alone in the usual manner. -
The Silicon Ideology
The Silicon Ideology Josephine Armistead May 18, 2016 Abstract Out of the technological cenes of the world has come a new, strange variant of fascism– namely, neo-reaion, or “NRx”. I shall here proⅵde a critique of this ideology and an aempt at understanding of its origins, its taics, and how it may be defeated. Content Warnings This article contains discussions of fascism, Nazism, white supremacy, and the Holocaust among other topics. Keywords 1 Introduction A king? You want a king? Boy, nobody wants a king! Ignatius, are you sure you’re OK? A Confederacy of Dunces John Kennedy Toole When one learns I am studying a new emergence of fascism in Europe and North America, one might be tempted to believe I am referring to the larger end of the rise of right-wing populist parties and candidacies that may be considered “fascist”, such as the candidacy of Donald Trump and the rise of the United Kingdom Independence Par (UKIP), Le Pen’s Front national (FN), Alternatⅳe für Deutschland (AfD), and Golden Dawn among others. However, in this essay, I discuss a more narrow group: specifically, an ideology that has emerged in the past decade or so inside the capitals of the tech world and which is growing at an alarming rate, often (but not always) allied with those parties and candidacies I have mentioned above: neo-reaionaries and what is known as the “alt- right”. Largely, this group has escaped serious criticism by radicals for its nature as a small, internet-based ideology–not enough people, it seems, take it seriously. -
Nber Working Paper Series Rethinking America's Illegal
NBER WORKING PAPER SERIES RETHINKING AMERICA'S ILLEGAL DRUG POLICY John J. Donohue III Benjamin Ewing David Peloquin Working Paper 16776 http://www.nber.org/papers/w16776 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 February 2011 The authors wish to thank Jonathan Caulkins, Phil Cook, Louis Kaplow, Rob MacCoun, Jeffrey Miron, Peter Reuter, and participants at two NBER conferences and the Harvard Law School Law and Economics workshop for valuable comments. We are also particularly grateful to Jeffrey Miron and Angela Dills for sharing their national time series data on drug prohibition enforcement and crime. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2011 by John J. Donohue III, Benjamin Ewing, and David Peloquin. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Rethinking America's Illegal Drug Policy John J. Donohue III, Benjamin Ewing, and David Peloquin NBER Working Paper No. 16776 February 2011 JEL No. K0 ABSTRACT This paper provides a critical review of the empirical and theoretical literatures on illegal drug policy, including cross-country comparisons, in order to evaluate three drug policy regimes: criminalization, legalization and “depenalization.” Drawing on the experiences of various states, as well as countries such as Portugal and the Netherlands, the paper attempts to identify cost-minimizing policies for marijuana and cocaine by assessing the differing ways in which the various drug regimes would likely change the magnitude and composition of the social costs of each drug. -
The Disinformation Age
Steven Livingston W. LanceW. Bennett EDITED BY EDITED BY Downloaded from terms of use, available at https://www.cambridge.org/core/product/1F4751119C7C4693E514C249E0F0F997THE DISINFORMATION AGE https://www.cambridge.org/core Politics, and Technology, Disruptive Communication in the United States the United in https://www.cambridge.org/core/terms . IP address: 170.106.202.126 . , on 27 Sep 2021 at 12:34:36 , subject to the Cambridge Core Downloaded from https://www.cambridge.org/core. IP address: 170.106.202.126, on 27 Sep 2021 at 12:34:36, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://www.cambridge.org/core/product/1F4751119C7C4693E514C249E0F0F997 The Disinformation Age The intentional spread of falsehoods – and attendant attacks on minorities, press freedoms, and the rule of law – challenge the basic norms and values upon which institutional legitimacy and political stability depend. How did we get here? The Disinformation Age assembles a remarkable group of historians, political scientists, and communication scholars to examine the historical and political origins of the post-fact information era, focusing on the United States but with lessons for other democracies. Bennett and Livingston frame the book by examining decades-long efforts by political and business interests to undermine authoritative institutions, including parties, elections, public agencies, science, independent journalism, and civil society groups. The other distinguished scholars explore the historical origins and workings of disinformation, along with policy challenges and the role of the legacy press in improving public communication. This title is also available as Open Access on Cambridge Core. W. Lance Bennett is Professor of Political Science and Ruddick C. -
Rethinking the “War on Drugs” Through the US-Mexico Prism Rethinking the “War on Drugs” Through the US-Mexico Prism
Rethinking the “War on Drugs” through the US-Mexico Prism Rethinking the “War on Drugs” Through the US-Mexico Prism Edited by Ernesto Zedillo Haynie Wheeler 1 Rethinking the “War on Drugs” Through the US-Mexico Prism A Yale Center for the Study of Globalization eBook Edited by Ernesto Zedillo Haynie Wheeler Betts House 393 Prospect Street New Haven, CT 06511 USA Tel: (203) 432-1900 Fax: (203) 432-1200 Email: [email protected] Web: www.ycsg.yale.edu © Yale Center for the Study of Globalization, 2012 The papers contained in this book are based on presentations from the conference Rethinking the “War on Drugs” Through the US-Mexico Prism, organized by the Yale Center for the Study of Globalization at Yale University in New Haven, Con- necticut on May 12 and 13, 2011. It was made possible by the generous support of the William and Flora Hewlett Foundation. Yale Center for the Study of Globalization The Yale Center for the Study of Globalization (YCSG) was established in 2001 to enhance understanding of this fundamental process and to promote exchanges of information and ideas about globalization between Yale and the policy world. The Center is devoted to examining the impact of our increasingly integrated world on individuals, communities, and nations. Globalization presents challenges and opportunities. The Center’s purpose is to support the creation and dissemination of ideas for seizing the opportunities and overcoming the challenges. It is particularly focused on practical policies to enable the world’s poorest and weakest citizens to share in the benefits brought by globalization.