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 »


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.


A 28th Amendment

April 30, 2013

I got into a discussion about a proposed 28th Amendment to our Constitution a few days ago. Turns out there’s more than one proposal calling itself the 28th Amendment. I’m talking about the one that begins, “The rights protected by the Constitution of the United States are the rights of natural persons only.” There may be similar ones. There certainly are some calling themselves the 28th Amendment that address very different subjects and are totally misinformed. But the restriction of constitutional rights to natural persons is worth talking about. Read the rest of this entry »


The Dysfunctional House

February 26, 2013

I’ve spoken often about why sequester type budget cuts threaten a weak economy and can worsen the debt. Today I want to talk about history.

In 1787 the delegates to the Constitutional Convention struggled over the shape of Congress. Massachusetts, Pennsylvania, and Virginia had the largest populations. The Carolinas and Georgia realized they had far fewer people, but since the primary activity of most Americans was farm or plantation labor, they thought their size would eventually give them large populations. So they formed a six state coalition for representation in proportion to population, especially with the added voting power of three fifths the number of their slaves – turning the principle of majority rule into a deal with the devil. Read the rest of this entry »


Romney’s Choice: Paul Ryan for Vice President

August 14, 2012

Mitt Romney ended the suspense with the choice of Paul Ryan for Vice-President. And what did we get? Nothing! The Ryan budget for dealing with our problems is zero – no taxes, no expenses, no government. No regulation, no protection, no help, no investment. We’re in a recession and what do we get to pull out of it – nothing, zero, nada. Read the rest of this entry »


The Economy has hit a Republican Wall

November 30, 2011

Did you hear Republican Senator Pat Toomey’s recent weekly Republican radio address. He announced that “the economy has hit a wall.” Exactly. It hit a Republican wall. Everything our government has done to bring us out of recession for the last eighty years he and his fellow Republicans have said “no” to. Read the rest of this entry »


Cheers for David Soares

November 22, 2011

I should begin by making clear that many of the people involved in the dispute I’m about to discuss are graduates of Albany Law where I teach, including the Governor, the District Attorney and some of the Occupiers, and I know some of them, including the District Attorney.

In this dispute about the handling of the Occupy Albany movement, I have nothing but praise for David Soares, District Attorney for Albany County. Soares has refused to prosecute people for participating in Occupy Albany and making plain their objection to government policies and massive inequality. Clearly Soares has better things to do. Read the rest of this entry »


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