DOCSLIB.ORG

Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination Article Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination Ian F. Haney L6peze CONTENTS I. INTRODUCTION .............................................................................. 1721 I1. DISCRIMINATION IN THE SELECTION OF Los ANGELES COUNTY G RAND JURORS .............................................................................. 1730 A . D iscretion Codified ................................................................. 1730 B. Judicial Practice:Friends and Neighbors.............................. 1732 C. Inside the Circle...................................................................... 1735 D . Outside the Circle ................................................................... 1737 E. ExtraracialDiscrimination ..................................................... 1740 F. Discriminationby the Numbers .............................................. 1741 G. Jury Discriminationand the Southwestern Justice System ..... 1743 H . Nondiscrimination................................................................... 1744 t Assistant Professor of Law, University of California, Berkeley (Boalt Hall). Many of the ideas developed here were first presented in faculty talks at the Yale and Harvard Law Schools, as well as before the Yale University Center for the Study of Race. Inequality, and Politics; the University of Rochester Department of Political Science; and the Department of Sociology and the American Cultures Program at the University of Michigan, Ann Arbor. I appreciate the many contributions made by participants in those exchanges. Others who deserve recognition and my thanks for their help with this project include Alan Lepp and my colleagues Robert Cooter, Lauren Edelman, Angela Harris, Daniel Rodrfguez, Edward Rubin. Jeff Selbin. and Charles Weisselberg. Linda Krieger, Rachel Moran, and Robert Post have been especially generous with their time and insights. Priscilla Battis deserves special recognition for her help and humor in her capacity as my legal assistant. I also wish to thank Ron Dor for his research assistance, and I gratefully acknowledge the generous support of the University of California, Berkeley, especially in its concrete expression as a semester's leave from teaching in the spring of 1999. Finally, mil gracias to my wife, Deborah Drickersen C6rtez. 1717 1718 The Yale Law Journal [Vol. 109: 1717 1. Ideals ................................................................................1744 2. PragmaticConcerns ......................................................... 1745 3. Symbolic Importance ........................................................ 1747 III. GRAND JURY REFORM ................................................................... 1748 A. Legislative GrandJury Reform .................................. 1749 1. Pressurefor Reform ......................................................... 1749 2. Criminal Grand Juries ..................................................... 1749 B. Judicial Grand Jury Reform ................................................... 1750 1. Early Cases....................................................................... 1750 2. Biltmore 6 ......................................................................... 1751 3. CaliforniaAppellate and Federal District Court Oversight .......................................................................... 1752 4. The Limits of Superior Court Reform ............................... 1753 5. GrandJuror Selection Practices in 1999 ......................... 1755 IV. THE LIMITS OF INTENTIONAL DISCRIMINATION MODELS ............. 1757 A. The Centrality of Intent in DiscriminationModels ................. 1757 B. Rational Choice Theories of Discrimination.......................... 1761 C. Intent in Rational DiscriminationTheories ............................ 1764 V. TOWARD AN INSTITUTIONAL APPROACH ...................................... 1769 A. New Institutionalismand Ethnomethodology ......................... 1770 I . Cognition and Rationality ................................................ 1770 a. Doubt ......................................................................... 1771 b. Trust and Sense-Making ............................................ 1772 c. Rules and Rationalities.............................................. 1774 2. Culture.............................................................................. 1774 a. The World in Common ............................................... 1775 b. Identity .......................................................................1776 B. New Institutionalismand Social Science Theories of Behavior.................................................................................. 1776 1. From Low to High Construction...................................... 1777 2. From Directed to Undirected Behavior ........................... 1779 C. Script and Path Institutionalism ............................................. 1781 D. New Institutionalismand Rational Choice Theory ................. 1783 VI. INSTITUTIONAL ANALYSIS AND THE Los ANGELES SUPERIOR COURT ........................................................................................... 1785 A. Discriminationby Script ......................................................... 1785 1. Believing the Judges ......................................................... 1785 2. Scripts in Organized, Office-Holding Environments........ 1786 3. Uniformity of Selection Practices..................................... 1790 4. Criteria,Routine, and Legitimacy in GrandJuror Selection ........................................................................... 1791 2000] Institutional Racism 1719 a. Criteriaand Instructions............................................ 1792 b. Routine Discrimination.............................................. 1793 c. Legitimate Discrimination......................................... 1796 B. The Persistenceof the "Pick Your Friends" System and Path Discrimination................................................................ 1799 1. Racial Animus ...................................................................1799 2. Patronage......................................................................... 1802 3. The Need for Qualified GrandJurors ..............................1802 4. The Nomination of Qualified Grand Jurors..................... 1803 5. Path Discrimination......................................................... 1804 VII. INSTITUTIONAL RACISM ................................................................1806 A. Racial Institutions and Unconscious Racism ..........................1806 B. Racism .....................................................................................1809 1. A Definition ......................................................................1809 2. A Typology ........................................................................1811 C. Racial Istitutions in Los Angeles ...........................................1812 D. Judicial Discrimination.......................................................... 1813 1. Script Discrimination....................................................... 1813 a. Favoring Whites .........................................................1813 b. Disfavoring M exican Americans................................ 1814 2. Path Discrimination......................................................... 1816 E. Judicial Racism .......................................................................1819 1. Script Racism ....................................................................1819 2. Path Racism ......................................................................1820 3. PurposefulRacism ............................................................1820 F. Reconsidering InstitutionalRacism Theory ............................1822 1. Script and Path Racism ....................................................1822 2. Institutionaland Purposeful Racism ................................1823 VIII. CONCLUSION: INSTITUTIONAL RACISM'S DOCTRINAL AND NORMATIVE IMPLICATIONS ...........................................................1825 A. The Ubiquity and Intractabilityof InstitutionalRacism .........1827 B. InstitutionalRacism and Equal Protection............................. 1830 1. Limiting Equal Protection................................................ 1832 2. Racism in Recent Supreme Court Equal Protection Cases ................................................................................1834 a. Redefining Racism .....................................................1835 b. Reserving the Power To Define Racism .....................1838 3. Social Costs ......................................................................1841 C. Some Normative Implications of an InstitutionalAccount of Racism .................................................................................1843 1720 The Yale Law Journal [Vol. 109: 1717 APPENDICES ............................................................................................ 1845 APPENDIX A: EXCERPTS FROM THE EAST LA 13 TRANSCRIPT REGARDING GRAND JURY NOMINEES ........................................... 1845 APPENDIX B: SUMMARY OF THE RELATIONSHIP BETWEEN JUDGES AND GRAND JURY NOMINEES ............................................................... 1876 APPENDIX C: THE CROSS-SECTION REQUIREMENT ................................ 1877 APPENDIX D: SUMMARY OF GRAND JUROR SELECTION METHODS IN TWENTY CALIFORNIA COUNTIES, 1999 ........................................ 1884 2000] Institutional
Load more

Recommended publications
  • Author and Activist Lawrence Lessig
    Big Money Bulletin Author and reform activist Lawrence Lessig Inside to headline WDC annual meeting on May 2 Harvard University professor and campaign finance reform crusader Page 2 Lawrence Lessig will be the keynote speaker for the Democracy Supreme Court drops another bomb Campaign’s annual membership meeting to be held on Friday, May 2. Wisconsin communities move to amend Lessig is the author of Republic, Lost: How Money Corrupts Congress Page 3 — And a Plan to Stop It and founder of the national group Rootstrikers. Change in leadership coming at WDC He is the driving force behind the New Hampshire Rebellion that started Less for voters, more for lobbyists with a 185-mile walk across the state and now is working to make sure that every federal candidate in the 2016 primaries is asked one question: Page 4 “How are YOU going to end the system of corruption in Washington, Kissing the ring in Vegas D.C.?” Lessig also is well known for his dynamic TED talks. TED stands for Technology, Entertainment and Design and is a nonprofit devoted to spreading ideas, usually in the form of short, powerful talks of 18 minutes or less. Started in 1984, the group’s mission is promoted through conferences and videos in more than 100 languages that cover topics from science to April 2014 business to global issues. Edition No. 89 This year’s WDC membership meeting is being held at Madison’s Barrymore Theatre, located at 2090 Atwood Avenue on the city’s near east side. On the Web: Registration will begin at 5:30 p.m., with the evening’s program starting www.wisdc.org at 6.
    [Show full text]
  • Press Releases – January 1974 Box: P15
    Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Reagan, Ronald: Gubernatorial Papers, 1966-74: Press Unit Folder Title: Press Releases – January 1974 Box: P15 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ OFFICE OF GOVERNOR RONALD ~AGAN MEMO TO THE PRESS Sacramento, Californ 95814 Clyde Walthall, Pres- Secretary 916-445-4571 1-4-74 #1 GOVERNOR'S SCHEDULE January 7, 1974 through January 13, 1974 Monday, January 7 2:00 p.m. YPTV (Press Conference Room #1190) Overnight - Sacramento Tuesday, January 8 8:00 a.m. Governor's Prayer Breakfast, Senator Hotel. Remarks. Overnight - Sacramento Wednesday, January 9 11:00 a.m. State of the State Address, Assembly Chambers, State Capitol Overnight - Sacramento Thursday, January 10 No public appointments scheduled Overnight - Sacramento Friday, January 11 No public appointments scheduled Overnight - Los Angeles Saturday, January 12 10:00 a.m. Ceremony reactivating the 40th Infantry Division (Mechanized) of California National Guard - Armed Forces Reserve Center, Naval Air Station, Los Alamitos. Remarks. Overnight - Los Angeles Sunday, January 13. No appointments scheduled Overnight - Los Angeles # # # McKelvey OFFICE OF GOVERNOR R~LD REAGAN MEMO TA.THE PRESS Sacramento, Californ · 95814 Clyde Walthall, Press Secretary 916-445-4571 1-4-74 #2 SCHEDULE FOR BRIEFING OF NEWSMEN AND RELEASE OF THE GOVERNOR'S BUDGET FOR FISCAL 1974-75 Copies of the Local Assistance Budget will be available to newsmen in the Governor's Office (at the receptionist's desk) at 9g30 a.m., Monday, January 7.
    [Show full text]
  • Yale Law School 2010–2011
    BULLETIN OF YALE UNIVERSITY BULLETIN OF YALE UNIVERSITY Periodicals postage paid New Haven ct 06520-8227 New Haven, Connecticut Yale Law School 2010–2011 Yale Law School Yale 2010–2011 BULLETIN OF YALE UNIVERSITY Series 106 Number 10 August 10, 2010 BULLETIN OF YALE UNIVERSITY Series 106 Number 10 August 10, 2010 (USPS 078-500) The University is committed to basing judgments concerning the admission, education, is published seventeen times a year (one time in May and October; three times in June and employment of individuals upon their qualifications and abilities and a∞rmatively and September; four times in July; five times in August) by Yale University, 2 Whitney seeks to attract to its faculty, sta≠, and student body qualified persons of diverse back- Avenue, New Haven CT 0651o. Periodicals postage paid at New Haven, Connecticut. grounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment against Postmaster: Send address changes to Bulletin of Yale University, any individual on account of that individual’s sex, race, color, religion, age, disability, PO Box 208227, New Haven CT 06520-8227 status as a special disabled veteran, veteran of the Vietnam era, or other covered veteran, or national or ethnic origin; nor does Yale discriminate on the basis of sexual orientation Managing Editor: Linda Koch Lorimer or gender identity or expression. Editor: Lesley K. Baier University policy is committed to a∞rmative action under law in employment of PO Box 208230, New Haven CT 06520-8230 women, minority group members, individuals with disabilities, special disabled veterans, veterans of the Vietnam era, and other covered veterans.
    [Show full text]
  • Air Force Association National Awards 2015
    Air Force Association National Awards 2015 NATIONAL AEROSPACE AWARDS H. H. Arnold Award Gill Robb Wilson Award Gen. George C. Kenney Award For the most signifi cant contribution by a Outstanding contribution in arts and letters Outstanding contribution in lessons learned military member to national defense Maj. Warren Neary, HQ AFRC, Robins Blue Devil Team, Sensors Directorate, Air Gen. Janet C. Wolfenbarger, USAF (Ret.), AFB, Ga. Force Research Laboratory, Wright-Patter- Former Commander, Air Force Materiel son AFB, Ohio Command Hoyt S. Vandenberg Award Outstanding contribution in aerospace Lt. Gen. Claire L. Chennault Award W. Stuart Symington Award education Outstanding aerial warfare tactician For the most signifi cant contribution by a Keep the Spirit of ’45 Alive! Capt. Keith Moore, 77th Fighter Squadron, civilian in the fi eld of national defense Shaw AFB, S.C. The Honorable William A. LaPlante, Assis- Thomas P. Gerrity Award tant Secretary of the Air Force, Acquisition Outstanding contribution in systems and Gen. Larry D. Welch Award logistics Outstanding contribution toward the nuclear John R. Alison Award Maj. Mark Heil, HQ AETC, JBSA-Ran- mission For the most outstanding contribution by dolph, Texas Col. Ryan Britton, Air Force Nuclear Weap- industrial leadership to national defense ons Center, Hill AFB, Utah F-22 Raptor, Lockheed Martin Thomas D. White Space Award Recognizing outstanding contributions to Joan Orr Award for Air Force Spouse of AFA Chairman’s Aerospace space the Year Education Award Lt. Gen. John W. Raymond, HQ AFSPC, For civilian spouses of military members for For long-term commitment to aerospace Vandenberg AFB, Calif. their signifi cant contributions to the United education, making a signifi cant impact States Air Force across the nation Department of Veterans Affairs Employee Stephanie L.
    [Show full text]
  • Amazon's Antitrust Paradox
    LINA M. KHAN Amazon’s Antitrust Paradox abstract. Amazon is the titan of twenty-first century commerce. In addition to being a re- tailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and ex- pand widely instead. Through this strategy, the company has positioned itself at the center of e- commerce and now serves as essential infrastructure for a host of other businesses that depend upon it. Elements of the firm’s structure and conduct pose anticompetitive concerns—yet it has escaped antitrust scrutiny. This Note argues that the current framework in antitrust—specifically its pegging competi- tion to “consumer welfare,” defined as short-term price effects—is unequipped to capture the ar- chitecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure competition primarily through price and output. Specifically, current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive. These concerns are height- ened in the context of online platforms for two reasons. First, the economics of platform markets create incentives for a company to pursue growth over profits, a strategy that investors have re- warded. Under these conditions, predatory pricing becomes highly rational—even as existing doctrine treats it as irrational and therefore implausible.
    [Show full text]
  • Caspar Weinberger and the Reagan Defense Buildup
    The University of Southern Mississippi The Aquila Digital Community Dissertations Fall 12-2013 Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup Robert Howard Wieland University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/dissertations Part of the American Studies Commons, Military History Commons, Political History Commons, and the United States History Commons Recommended Citation Wieland, Robert Howard, "Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup" (2013). Dissertations. 218. https://aquila.usm.edu/dissertations/218 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland Abstract of a Dissertation Submitted to the Graduate School Of The University of Southern Mississippi In Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy December 2013 ABSTRACT DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland December 2013 This dissertation explores the life of Caspar Weinberger and explains why President Reagan chose him for Secretary of Defense. Weinberger, not a defense technocrat, managed a massive defense buildup of 1.5 trillion dollars over a four year period. A biographical approach to Weinberger illuminates Reagan’s selection, for in many ways Weinberger harkens back to an earlier type of defense manager more akin to Elihu Root than Robert McNamara; more a man of letters than technocrat.
    [Show full text]
  • CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1
    Conducted by the University of New Hampshire Survey Center Interviews with 914 adults in New Hampshire conducted by land line and cellular telephone on January 27-30, 2016 including 409 who say they plan to vote in the Republican presidential primary and 347 respondents who say they plan to vote in the Democratic presidential primary. The margin of sampling error for results based on Republican primary voters is plus or minus 4.8 percentage points and for results based on Democratic primary voters is plus or minus 5.3 percentage points. EMBARGOED FOR RELEASE: Sunday, January 31 at 6:00 p.m. CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1. (UNDECLARED / INDEPENDENT LIKELY VOTERS ONLY) “"Which Presidential primary election do you think you will vote in ... the Republican Primary or the Democratic Primary?" PROBE: “As of RIGHT NOW, which primary do you think you will vote in?” Dec. Jan. Jan. 2015 13-18 27-30 REPUBLICAN PRIMARY 48% 44% 47% DEMOCRATIC PRIMARY 38% 48% 42% UNDECIDED 14% 8% 11% CNN/WMUR/UNH Tracking Poll -2- January/February, 2016 2. (REPUBLICAN PRIMARY VOTERS ONLY:) “Have you definitely decided who you will vote for in the New Hampshire primary … are you leaning toward someone … or have you considered some candidates but are still trying to decide?” June Sept Dec Jan Jan. 2015 2015 2015 13-18 27-30 DEFINITELY DECIDED 8% 13% 18% 31% 39% LEANING TOWARD SOMEONE 17% 28% 26% 26% 24% STILL TRYING TO DECIDE 75% 59% 56% 43% 37% 3. (REPUBLICAN PRIMARY VOTERS ONLY:) "I’m going to read you the names of the candidates who are either running or considering running for the Republican nomination.
    [Show full text]
  • Law-And-Political-Economy Framework: Beyond the Twentieth-Century Synthesis Abstract
    JEDEDIAH BRITTON- PURDY, DAVID SINGH GREWAL, AMY KAPCZYNSKI & K. SABEEL RAHMAN Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis abstract. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neu- trality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it from analyses of power. This Feature offers a framework for identifying and critiquing the Twentieth-Century Syn- thesis. This is also a framework for a new “law-and-political-economy approach” to legal scholar- ship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship. authors. The authors are, respectively, William S. Beinecke Professor of Law at Columbia Law School; Professor of Law at Berkeley Law School; Professor of Law at Yale Law School; and Associate Professor of Law at Brooklyn Law School and President, Demos. They are cofounders of the Law & Political Economy Project. The authors thank Anne Alstott, Jack Balkin, Jessica Bulman- Pozen, Corinne Blalock, Angela Harris, Luke Herrine, Doug Kysar, Zach Liscow, Daniel Markovits, Bill Novak, Frank Pasquale, Robert Post, David Pozen, Aziz Rana, Kate Redburn, Reva Siegel, Talha Syed, John Witt, and the participants of the January 2019 Law and Political Economy Work- shop at Yale Law School for their comments on drafts at many stages of the project.
    [Show full text]
  • THE FUTURE of IDEAS This Work Is Licensed Under a Creative Commons Attribution-Noncommercial License (US/V3.0)
    less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page i THE FUTURE OF IDEAS This work is licensed under a Creative Commons Attribution-Noncommercial License (US/v3.0). Noncommercial uses are thus permitted without any further permission from the copyright owner. Permissions beyond the scope of this license are administered by Random House. Information on how to request permission may be found at: http://www.randomhouse.com/about/ permissions.html The book maybe downloaded in electronic form (freely) at: http://the-future-of-ideas.com For more permission about Creative Commons licenses, go to: http://creativecommons.org less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page iii the future of ideas THE FATE OF THE COMMONS IN A CONNECTED WORLD /// Lawrence Lessig f RANDOM HOUSE New York less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page iv Copyright © 2001 Lawrence Lessig All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Random House, Inc., New York, and simultaneously in Canada by Random House of Canada Limited, Toronto. Random House and colophon are registered trademarks of Random House, Inc. library of congress cataloging-in-publication data Lessig, Lawrence. The future of ideas : the fate of the commons in a connected world / Lawrence Lessig. p. cm. Includes index. ISBN 0-375-50578-4 1. Intellectual property. 2. Copyright and electronic data processing. 3. Internet—Law and legislation. 4. Information society. I. Title. K1401 .L47 2001 346.04'8'0285—dc21 2001031968 Random House website address: www.atrandom.com Printed in the United States of America on acid-free paper 24689753 First Edition Book design by Jo Anne Metsch less_0375505784_4p_fm_r1.qxd 9/21/01 13:49 Page v To Bettina, my teacher of the most important lesson.
    [Show full text]
  • Governance Reform and the Judicial Role in Municipal Bankruptcy Abstract
    CLAYTON P. GILLETTE & DAVID A. SKEEL, JR. Governance Reform and the Judicial Role in Municipal Bankruptcy abstract. Recent proceedings involving large municipalities such as Detroit, Stockton, and Vallejo illustrate both the utility and limitations of using the Bankruptcy Code to adjust municipal debt. In this Article, we contend that, to resolve fully the distress of a substantial city, municipal bankruptcy needs to provide more than simple debt reduction. Debt adjustment alone does nothing to remedy the fragmented decision making and incentives for expanding municipal budgets that are ingrained in municipal governance structures and that often underlie municipal distress. Unless bankruptcy also addresses governance dysfunction, the city faces a return to financial distress. Indeed, this Article demonstrates that governance restructuring has long been an essential element of corporate bankruptcy and that, given the monopoly position of local governments as providers of local public goods, it is even more important in the municipal bankruptcy context. Some might argue that reducing a city’s debt is the best that bankruptcy courts can offer, due to concerns that a more comprehensive approach would, among other things, interfere with state sovereignty and exceed the statutory authority that the Bankruptcy Code grants to courts. In our view, these concerns do not withstand scrutiny. Based on a careful analysis of the origins of the current municipal bankruptcy provisions, as well as an assessment of recent Supreme Court jurisprudence, we argue that governance reform is permitted even under existing law, and point out that minor adjustments to municipal bankruptcy law would make this conclusion even clearer. To be sure, the states themselves, rather than a bankruptcy court, ideally should be the ones to effect municipal governance reform.
    [Show full text]
  • Next Steps in the Military Uses of Space
    Mastering the Ultimate HighGround Next Steps in the Military Uses of Space Benjamin S. Lambeth Prepared for the United States Air Force R Project AIR FORCE Approved for public release; distrubution unlimited The research reported here was sponsored by the United States Air Force under Contract F49642-01-C-0003. Further information may be obtained from the Strategic Planning Division, Directorate of Plans, Hq USAF. Library of Congress Cataloging-in-Publication Data Lambeth, Benjamin S. Mastering the ultimate high ground : next steps in the military uses of space / Benjamin S. Lambeth. p. cm. “MR-1649.” Includes bibliographical references. ISBN 0-8330-3330-1 (pbk.) 1. Astronautics, Military—United States. 2. United States. Air Force. 3. United States—Military policy. I. Rand Corporation. II.Title. UG1523.L35 2003 358'.8'0973—dc21 2002155704 RAND is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND® is a registered trademark. RAND’s publications do not necessarily reflect the opinions or policies of its research sponsors. © Copyright 2003 RAND All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from RAND. Published 2003 by RAND 1700 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138 1200 South Hayes Street, Arlington, VA 22202-5050 201 North Craig Street, Suite 202, Pittsburgh, PA 15213-1516 RAND URL: http://www.rand.org/ To order RAND documents or to obtain additional information, contact Distribution Services: Telephone: (310) 451-7002; Fax: (310) 451-6915; Email: [email protected] PREFACE This study assesses the military space challenges facing the Air Force and the nation in light of the watershed findings and recom- mendations of the congressionally mandated Space Commission that were released in January 2001.
    [Show full text]
  • Lawrence Lessig
    TRANSCRIPT Money in Politics 2009 Conference Pre-Luncheon Keynote Presentation: Lawrence Lessig Susan Liss: I'm director of the Democracy Program at the Brennan Center and our campaign finance work falls under our side of the aisle called Democracy. I am incredibly thrilled to be working with fantastic colleagues and I really want to thank all of my colleagues who have put this program together today. My mind is just twirling on the things that we can do and we've only had one panel and two wonderful kickoff speakers. I'm here to introduce our keynote, and we are delighted and honored that professor Lawrence Lessig from Stanford Law School has been willing to fly across the country to share his knowledge with us. I know many of you are very familiar with his contributions to this field already. He is currently a professor of law at Stanford Law School and the founder of the school's Center for Internet and Society. He is one of the foremost intellectuals on intellectual property and intellectual property law and the Internet; from what I understand that tremendous knowledge base has seguewayed into a fascination and interest with these very important underlying issues involving campaign finance reform. He will be moving to Harvard to start a study on ethics and to start a center on ethics and institutional corruption in the fall. We are really very honored and so pleased to welcome him here and thank him for coming. Professor Lessig. Lawrence Lessig: Thank you very much. The advertisements for this conference said that the first keynote would provide some statistics and I, quote, "would provide slides" so here I am to provide the slides.
    [Show full text]