The Anti-Union Court

July 1, 2014

The Court decided yesterday in Harris v. Quinn that at least some of the employees who work under a collective bargaining agreement don’t have to share in the costs of negotiating that agreement. The Court says it violated their First Amendment rights. How many unions and employees it will apply to is still unclear but this is not the first move the Roberts Court has made in that direction.[i] Sometimes the patterns matter much more than the individual decisions, whether good or bad. Read the rest of this entry »


Band-aids or Systemic Change

July 1, 2014

Let me try to put some things in perspective. I spent a decade in the Legal Service Program which provides lawyers for the poor, first as a store-front lawyer, then in the management of programs or running a clinic. One of the recurring issues we used to debate was whether to focus on what we called “band-aids” or systemic change.

Band aids were individual relief for individual clients, generally much easier to get, but taking quite a lot of time for the few people we could help. It was important work, very satisfying and very frustrating at the same time because we could never make a dent in the needs most of our clients had that way. Read the rest of this entry »


Cities Against Suburbanization

May 9, 2014

Congress has been considering changing mortgage banking, reducing the role of Fanny Mae and Freddy Mac, the two federal superbanks that have been insuring and buying our mortgages for decades. Actually, the government should stop encouraging the suburbanization of America. Read the rest of this entry »


Passover – The Indivisibility of Freedom

April 15, 2014

This is Passover, a holiday that comes straight out of the Bible, the Almighty commanding us to tell the story of the Exodus to each new generation as well as reminding ourselves. The Exodus, of course, is a story of freedom from slavery. The Biblical story is about the Hebrew exodus from slavery in Egypt. But we are very explicit about relating that story to the freedom of others. Read the rest of this entry »


Economics, Lawyers and the Risk to American Democracy

April 1, 2014

Ever notice that I frequently talk about economics. What’s a lawyer doing talking about economics? I did read and study economics but there are other reasons why economic issues are dear to this heart.

Lawyers do lots of different things. But for many of us, law is a helping profession. We work with people who are headed for bankruptcy and other events that will turn their lives upside down. We do our best to help them avoid personal tragedies – or pick up the pieces. We don’t think of clients as numbers but as people, most of whom we like and respect. We learn not to think of financial reverses as a judgment about their character, decency or personal value. It happens for all sorts of reasons, often beyond our clients’ control. When it is a mistake, it is often a part of learning how to do business or operate in this world. Some of the world’s most successful people have been through bankruptcy. Up close and personal, we care.

So the national recession wasn’t just a set of numbers for me. It was a catastrophe in the lives of many people. They were passengers on the national ship on a foggy night when the captain  crashed into another vessel. Millions of people went overboard, leaving their jobs and belongings behind. Rescuing people isn’t a choice; it’s an obligation just as it was not optional whether to pick our friends up from the wreck of the Achille Lauro. An S.O.S. has a clear and obligatory meaning.

But there is another reason. One could trace it to a famous French aristocrat who visited and wrote about the U.S. in the 1830s but statistical studies beginning after World War II keep making the point that poverty and inequality are both hostile to the survival of democracy. Historians studied the failure of democracies on multiple continents and reached the same conclusion. Others with different methodologies keep reaching similar conclusions.

It’s not a surprising conclusion. During the Great Depression in the 1930s, many were worried that we would lose our system of self-government, and some advised President Roosevelt to take dictatorial powers, but he refused. Now science has come to support common sense. Poverty can be dangerous, not only to individuals but to society. It makes people desperate and when they are, all bets are off.

With that knowledge, it is painful to me to watch Congress leave the victims of corporate shenanigans in the dirt as if they were so much trash. And as an attorney, it is particularly painful to me to watch the U.S. Supreme Court under Chief Justice Roberts doing everything in its power to play the role of the Sheriff of Nottingham, robbing from the poor to pay the rich. Many of those decisions are complex legally as well as economically but their effect on the fairness of the contracts we sign daily and on the lives of many people are extensive and often tragic. To me, the Roberts Court is threatening our democratic patrimony.

The personal suffering would be enough. The risk to our country is hard to bear.

— This commentary was broadcast on WAMC Northeast Report, April 1, 2014.


Let’s understand the argument about balancing the budget

March 18, 2014

 Let’s understand the argument about balancing the budget

When the Bush Administration took us to war in Iraq and Afghanistan, they decided not to pay for those wars with taxes. In fact they insisted on giving people tax breaks, including those for whom war taxes would not have affected their lifestyles. The well-understood consequence was that someone else would pay for the wars. At the time the talk was that the next generation would have to pay. Read the rest of this entry »


The Chemical Contamination in West Virginia

January 28, 2014

Before moving to Albany thirty-five years ago, we lived in Morgantown, West Virginia – a university town and a mining town. We knew people in both worlds. Our daughter was only seven, but after we moved she got letters from a little friend there who was the son of a miner. Miners lived all around.

Morgantown was very special, but the chemical leak and contamination in Charlestown reveals the naiveté of many in West Virginia and elsewhere in the U.S., who believe that whatever is good for the companies is good for us, that the companies are looking out for our welfare. Read the rest of this entry »


Putting people to work in cities and towns

January 21, 2014

Nationally, Republicans are still fighting unemployment relief and virtually every piece of a public safety net. Their solution to every problem is to blame the victim. Out of work? Must be because people didn’t look, or just like poverty. Never mind people spending their days looking for work. It must be their fault, because the only victims worth caring about, of what we politely call the business cycle, are businessmen. Everything would be fine if people would work for pennies a day like much of the world, so the companies they work for could pocket the difference while workers forego food, clothing, shelter and health.

Republicans just don’t get that people are looking, trying, wanting to hold jobs, their only prospect of living a decent life. Blaming the victims for the misbehavior of many captains of industry makes them feel better and helps fend off regulating or taxing their contributors. Let everyone else suffer. They turn the pain of unemployment into an argument for giving their contributors yet another tax break, claiming this, finally, will result in jobs – though business has the cash if it wants to invest. Republican economic policy, at least as they describe it to you and me, is all about the power of magical thinking.

There’s a better way to provide jobs and use taxpayer money more efficiently – just think about the things we could do that would make our neighborhoods more livable, from safety services to taking care of playgrounds and parks. Read the rest of this entry »


Metro-North Had Neither Featherbedding Nor Safety

December 17, 2013

On Sunday, December 1, Metro-North reported an “accident occurred just before 7:30 a.m. … [A] southbound, Hudson Line train with about 120 passengers on board derailed just north of the Spuyten Duyvil station in the Bronx. All cars derailed.”[1] We now know four people died and many were injured.

On Friday, December 6, the Federal Railroad Administration issued an Emergency Order (EO 29) to Metro-North Commuter Railroad “to provide two qualified railroad employees to operate trains where major speed restrictions are in place until the signal system is updated.”[2]

Let’s absorb what that means. Read the rest of this entry »


Environment Needs A Moral Revolution

October 29, 2013

I commented last week about the need to deal with global warming, population growth and protecting the lands and forests that produce the oxygen we depend on. Those problems are interrelated, and if the rising seas aren’t bad enough, the loss of atmospheric oxygen will suffocate us all. I confess that puts a different perspective on other issues. Can we improve people’s health and job prospects if we have to hold down the impact on the environment? Well yes, but the question is whether we are willing to share in the sandbox we call earth?  Read the rest of this entry »


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