A Blessing on Both Their Houses

July 29, 2014

Listeners and readers of my commentary know that I have spoken out against what I believe is Israeli misbehavior. So I get flooded with one-sided petitions condemning Israeli behavior. To make myself completely clear, I see merit and fault on both sides. I will not sign one-sided petitions.

I am reminded of my conversation with a Palestinian student who argued with me that Palestinians have the right to kill Israelis, any Israelis, military or civilian, and they have no right to shoot back, only to accept their fate. I questioned him to make sure I was hearing him accurately. What he was making clear was the attitude, or brain-washing, that dehumanized the other side. That is the attitude we have to fight against. Read the rest of this entry »


For a Better Education

July 1, 2014

A recent headline read, “Slow Common Core.” For quite a long time there has been a backlash against anything viewed as “too tough” for our kids. That is a tendency of living in a democracy. Anything tough for our kids is bad but at the same time they have to get a fabulous education that will equip them for life’s challenges. So the solution is teachers who can make everyone learn painlessly. And therefore, if anything goes wrong it’s the teacher’s fault, not the student’s. 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.


What Makes American Democracy Successful?

December 24, 2013

We are justly proud of democracy in America. But what makes a democracy morally great and what makes it successful?

Many countries have elections but aren’t successful democracies. Their elections are about which families will reap the spoils of election victories. Successful democracies focus on taking care of the whole peoples of their countries. Lincoln spoke about government “of the people, by the people and for the people.” Speaking about democracy, we often concentrate on government “of … [and] by the people.” But Lincoln’s last clause – “for the people” – defines the difference between success and failure; between government and kleptocracies; between governments that get things done and governments that imitate the evil Sheriff of Nottingham, robbing from the poor to pay the rich.  Read the rest of this entry »


Our Common Stake in Affirmative Action

October 15, 2013

The Court just heard argument in another affirmative action case. It is often put as if it is all about them and the rest of us are just losers as the result of any affirmative action for African-Americans. But do we have a stake in affirmative action, or whether African-Americans remain a permanent underclass? Read the rest of this entry »


Our Stake in Each Other’s Welfare

October 8, 2013

Do we have a stake in each other’s future or only in our own? That is a central question of American politics. The Tea Party’s tossing of the entire American budget into the sea over the issue of Obamacare is an effort to say no, we have no stake in each other’s welfare. To claim a stake in each other’s welfare is socialism. Although the political waters warrant silence from many elected officials about it, that same cry has been leveled and is being leveled against other American efforts to help each other. Social security, socialism. Medicare and Medicaid, socialism. Indeed, there is no logical reason to draw the line there and many don’t. National parks, socialism. Veterans’ benefits, socialism. Head start, socialism. Why stop there? Public schools, socialism. Public hospitals, government health departments and laboratories, socialism. It’s all socialism in the heads of the true believers. So let me repeat that question – do we have a stake in each other’s future or only our own? Read the rest of this entry »


The Arab World and Us

July 30, 2013

I have been quite disturbed by events in Egypt. We won’t know for some time what has been happening behind the scenes, but it appears that the Obama Administration told the Egyptian military that our support would not flag, which I, and certainly they, would have read as a green light to eliminate the Muslim Brotherhood.

Look at that geographically. Read the rest of this entry »


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