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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. -
WILS Connect a Publication of the Women in Law Section of the New York State Bar Association
2021 | VOL. 2 | NO. 1 WILS Connect A publication of the Women in Law Section of the New York State Bar Association WILS PAST, PRESENT AND FUTURE: WOMEN IN LAW: ALWAYS WORKING, REFLECTIONS ON RUTH BADER Q & A with Terri Mazur and GAPPED ATTORNEYS ARE RETURNING GINSBURG Sheryl Galler TO LAWYERING FOR CASH CLE All Access Pass Maximize Your Time and Earn CLE Credits with On-Demand Learning Now Includes Access hundreds of programs Annual Meeting 2021 online and satisfy your MCLE Programs! requirement for one low price. > Gain access to all CLE Online video programs and course materials for one year > New programs added each month $495 for > Monthly billing option NYSBA Members For more information visit NYSBA.ORG/ALLACCESSPASS Online only. Does not include live programs, CD or DVD products. All Access Pass requires member login and cannot be transferred. Annual subscription required. Contents Features WILS Past, Present and Future: Q & A with Terri A. Mazur 7 and Sheryl Galler Linda Redlisky WILS Members Contribute to a First-of-Its- 14 Kind NYSBA Publication: Virtual Lawyering WILS Connect Fa La La La La and the Practice of Law in the COVID-19 Age 2021 | Vol. 2 | No. 1 16 Leona Krasner Regulars Women in Law: Always Working, Gapped Attorneys Are 17 Returning to Lawyering for Cash Message From the Chair Neva D. Strom 3 Terri A. Mazur Sharing a Coffee, Zoom-Style Message From the Editors 18 Leona Krasner Terri A. Mazur and 4 Laura Sulem Celebrating and Remembering Trailblazing Women Message From 19 Monumental Women Unveil Historic Women’s Rights the President Pioneers Monument in Central Park 5 Scott M. -
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. -
Nontraditional Criminal Prosecutions in Federal Court
Nontraditional Criminal Prosecutions in Federal Court Jonathan Remy Nash* ABSTRACT Who, besides the U.S. Department of Justice, can prosecute criminal actions in federal court? This Article considers this question, which has arisen recently in various contexts—the DOJ’s attempt to abort the prosecution of former National Security Advisor Michael Flynn, the contempt prosecution of former Sheriff Joseph Arpaio (who received a presidential pardon), the confrontation over the court-appointed interim U.S. Attorney in New York, and a local District Attorney’s threats to prosecute lawbreaking federal law enforcement officials. Consider first nontraditional, trial-level federal prosecutions. The Constitution’s Take Care and Appointments Clauses, as well as standing doctrine, preclude private prosecutions and prosecutions by states and Houses of Congress. Court-appointed interim U.S. Attorneys may oversee federal prosecutions, and court-appointed special prosecutors may prosecute criminal contempt cases. However, court-appointed attorneys likely cannot undertake broader responsibilities. Consider next criminal appeals. While the Supreme Court has acknowledged the possibility of a state’s appellate standing where the DOJ declines to appeal a federal criminal decision holding a state statute unconstitutional, that precedent is dubious. Moreover, even if a state’s standing is sometimes proper, the case for appellate standing of a House of Congress is weaker. Finally, consider state prosecutions in federal court. A state should have standing to appeal criminal cases to the Supreme Court and to pursue properly removed state criminal prosecutions in the lower federal courts, as should any properly designated state governmental entity. To the extent a * Robert Howell Hall Professor of Law and Associate Dean for Research, Emory University School of Law; Director, Emory University Center for Law and Social Science; Director, Emory Center on Federalism and Intersystemic Governance. -
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. -
Political Interference and the Challenges Facing the US
THE YALE LAW JOURNAL FORUM JANUARY 15, 2021 Treat Every Defendant Equally and Fairly: Political Interference and the Challenges Facing the U.S. Attorneys’ Offices as the Justice Department Turns 150 Years Old Joyce White Vance abstract. The US Attorneys’ Offices are the flagships of the federal government’s law-en- forcement work. But as the Department of Justice (DOJ) approaches its 150th anniversary, there are deep concerns for their future. The four years of the Trump Administration have shaken public confidence in DOJ, and during his tenure, Attorney General William Barr all too ofen took on the role of the President’s lawyer rather than upholding the integrity and credibility of line prosecutors to work free from political interference. This Essay, written in the weeks leading up to the 2020 presidential election,1 argues that, in a new administration, there must be a hardcore realignment of cultural values inside of the Justice Department that supports its independence and permits line prosecutors to effectively resist and reject political interference in criminal matters. The past four years have revealed frailty in the Department that requires more than the new laws and new poli- cies that will be designed to shore up some of the weaknesses that have been revealed. Ultimately, even with those new laws and policies, there must be a culture restoration that guarantees they will be implemented effectively so that the independence of prosecutions from political influence, which is critical to our criminal-justice system, is firmly in place. introduction The moment when Aaron Zelinsky, an Assistant United States Attorney (AUSA) in the District of Maryland, refused to silently stand by while Attorney 1. -
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. -
Moving Justice Forward Participant Biographies
Moving Justice Forward Participant Biographies Thomas Abt is a Senior Fellow at both the Harvard Law and Kennedy Schools, where he teaches, studies, and writes on the use of evidence-informed approaches to reducing gun, gang, and youth violence, among other topics. Abt also serves as a member of the Campbell Collaboration’s Criminal Justice Advisory Board and as an Advisory Board Member to the Police Executive Programme at the University of Cambridge. Before joining Harvard, Abt served as Deputy Secretary for Public Safety to Governor Andrew Cuomo in New York, where he oversaw all criminal justice and homeland security agencies. Before his work as Deputy Secretary, Abt served as Chief of Staff to the Office of Justice Programs at the U.S. Department of Justice, where he worked with the nation’s principal criminal justice grant making and research agencies to integrate evidence, policy, and practice. Matthew Barge is Co-Executive Director of the Police Assessment Resource Center (PARC), a non-profit organization based in New York City that advances effective and accountable policing. Mr. Barge is the federal court-appointed monitor of a consent decree between the U.S. Department of Justice and City of Cleveland addressing the Cleveland Division of Police. The decree addresses use of force, community policing, discriminatory policing, and other operational issues. He also serves as lead police practices expert for a settlement between the ACLU and City of Chicago addressing stop and frisk issues. Mr. Barge has previously served as the Deputy Monitor of a consent decree between the United States and City of Seattle. -
Attorney General Barr Says Trump Fires Top Manhattan Prosecutor, at His Request
For news and information consider- If you would like to share news or news organization events, and school Oil in the age of corona- ation, please send to If information with our readers, please news to us includinig your name and [email protected] virus: a U.S. shale bust send the unique stories, business phone number in case more informa- like no other tion is needed. or contact John Robbins 832-280-5815 Jun Gai 281-498-4310 Publisher: Wea H. Lee President: Catherine Lee Editor: John Robbins, Jun Gai Address: 11122 Bellaire Blvd., Houston, TX 77072 E-mail: [email protected] Southern Daily News is published by Southern News Group Daily Inside C2 Sunday, June 21 2020 | www.today-america.com | Southern News Group Attorney General Barr says Trump fires top Manhattan prosecutor, at his request FILE PHOTO: U.S. Attorney General William Barr speaks during a roundtable discussion on “Amer- ica’s seniors” hosted by U.S. President Donald Trump in the Cabinet Room at the White House in Washington, U.S., June 15, 2020. REU- TERS/Leah Millis “Attorney General Barr is working on that. That’s his depart- Giuliani has not formally been accused of any wrongdo- WASHINGTON/NEW YORK (Reuters) - U.S. Attorney ment, not my department... that’s really up to him. I’m not ing. General William Barr said on Saturday that President involved,” Trump said. Donald Trump had fired Geoffrey Berman, the top feder- BOLTON’S BOOK al prosecutor in Manhattan whose office is investigating Berman’s termination marks another remarkable development John Bolton, Trump’s former national security adviser, Trump’s attorney Rudolph Giuliani, after Berman publicly in an escalating crisis at the Justice Department that started on also alleges in a new book the president once promised refused to step down from his post. -
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.