Trump and Jobs

March 14, 2017

Last week I commented that scholars of intolerance tell us that feeling threatened often leads to hate. That’s one reason the economic threat to some American workers matters to all of us.

Trump is clearly working with the free marketeers. The free market is not about your, or workers’ rights; it’s about your boss’s or your company’s right to close your plant, move, lower your wages, reject your union, or just skip protecting your safety.

Trump makes different noises when talking about your jobs and when writing rules and hiring his cabinet. But his Republican Senate will insist on a free market, and Trump is counting on it.

Trump told us he wants to eliminate 75% of regulations. Those regulations protect employees and consumers; in other words, you and me. They protect our wages, require safer working conditions, ban poisons from our food and water and require companies to give us what we paid for. That’s how Trump shows us his true colors.

Obama saved thousands of jobs by saving American auto makers and growing the economy by hundreds of thousands of jobs per month – but gets no credit. Trump may have saved a few hundred but people think he takes action. With victories like that we can all starve.

Trump’s focus on the optics of small victories keeps us looking the wrong way. U.S. factory output is growing. But the jobs have changed. Missing are factory jobs for poorly educated people. I don’t say that out of disrespect. My Uncle Hershel, a truly lovely man, was a factory worker. I remember him sitting by my bed when I was ill. What I’m talking about is how to get good jobs for people like him. If we expect jobs to show up the same way they did a century ago, we’re whistling in the wind. If we think Trump can trump marketplace change by jawboning a few companies, we’re spitting in the wind. He doesn’t have the time or tax cuts to do it that way.

Central New York was once a manufacturing powerhouse. What’s left are mostly small towns far from traditional jobs. Yet one can now work thousands of miles from where things have to be made or done. We could be linked in to the world IF we invested in and rebuilt the economy, instead of jawboning the owners of obsolete factories.

And education must be available and affordable for everyone who wants a good job. Education sounds like elitism to many workers. But what made America an economic powerhouse was our system of mass education. And that’s part of why those who think we can go back to a prior era of American greatness are spitting in the wind – the rest of the world has caught up. To provide jobs, we need to provide retraining for mid-career workers on top of excellent schools, pre-school and after-school programs – all of which provide jobs.

Yes education will have to change. I’m a dinosaur, standing up in front of a class of students, even though the alternatives, so far, are not working very well. But when people figure out better methods, education will take off again – here or elsewhere. That’s where we need evidence-based experimentation – science. We rely on science from morning till night for the things we touch and use. Denying science is the height of idiocy, not a mark of greatness.

Trump yells about foreigners and markets. It’s our job to address reality.

— This commentary was broadcast on WAMC Northeast Report, March 14, 2017.


Labor Economics

February 14, 2017

The White House isn’t explaining what’s happening to jobs. I once taught labor economics, an issue close to my heart. To some extent, labor is like any other commodity and that’s the problem. Jobs go wherever business can find all the things it needs – the land, transportation, materials, markets, reliable legal relations, at the right prices. And it keeps changing.

We talk about the rust belt as if we did something wrong. Actually we had about a century-long run on the best factory jobs in the country – a ribbon through this state after New York’s government built the Erie Canal and made New York City gateway to the west, turning every city along the Hudson, Mohawk, Erie Canal, and then the great Grand Central Railway into a powerhouse. This area long dominated clothing, technology, science, heavy industry and spawned radio and television networks. Each industry provided resources for newer ones.

But New York’s advantages couldn’t be permanent. For bigger plants with newer methods, business looked for virgin land. Other governments built ports, the Interstates and St. Lawrence Canal, while the aging infrastructure of older cities led firms elsewhere. It couldn’t be permanent. Economic fundamentals inevitably dominate jawboning and presidential rhetoric.

Workers get cast aside unceremoniously. One of my law students was also a human resources specialist at GE, missing class whenever GE announced layoffs. They had long since let the weakest workers go. Now she had to fire the best and it hurt. But big corporations aren’t sentimental.

What’s a city or region supposed to do? The market doesn’t automatically find the next big thing and put it where former employees can get jobs like those they lost. The market didn’t build America automatically. Government changed British rules. Government built a banking system with resources to fund business, and smooth their cash flow – if you read or saw Hamilton, that’s what he was about, government providing what companies couldn’t. Government built ports, canals, highways, and had the railroads built. Government provided public health facilities, water, sanitation, disease control – which became crucial for business. Government invested in schools, and President Lincoln laid the foundation for the modern state university system. President Wilson sparked the country’s first broadcasting system for the war effort. Almost everything in your hands today has government fingerprints on it – the research and development in fundamental physics that led to the lasers, transistors and chips that run almost everything today.

Yes, governments make mistakes. You think private industry doesn’t? Most businesses fail. But only government can provide the fundamentals, the things that all the businesses in the country, region or route need. Only governments are motivated to look beyond individual companies and work for the region.

Governments have been investing in new forms of power. If governments in coal producing states had the sense to invest in emerging industries instead of dying ones, the coal miners might face a much better transition to good jobs than anything presidential jawboning can produce. But government cannot do it if it is afraid to fail.

Governments need to be thinking about what the emerging industries are, what resources will support growth. Not individual businesses that any group of investors could build on their own, but the underlying fundamentals that make broad development possible. And we may only know which ideas work when we try them.

If government thinks small, we all shrink.

— This commentary was broadcast on WAMC Northeast Report, February 14, 2017.


Melting Pot – Good for Thanksgiving; Good for America

November 22, 2016

I walked by a lovely cathedral in Milwaukee and then another of the same faith one block  away. Then I noticed someone I knew and asked her what gives. She pointed out that the two cathedrals were built by people divided by their ethnic groups. How far have we traveled! These days we happily rub shoulders with people from all different backgrounds.

The melting pot started with the beginnings of our country. The Frenchman Hector St. John de Crevecouer wrote in 1782 that immigrants wanted to become Americanized and “melted” into Americans. In a 1909 novel, Israel Zangwill wrote “Into the Crucible with you all! God is making the American.” And indeed the melting pot is how we created America and Americans. We are all products of that pot. It was the melting pot that made this a great country, rising above the petty jealousies and foolish fights of the Old World.

We invented the public school as the common school where we all went, mixed, learned and made friends. We work together, laugh together and we’ve made America great together. We’ve made America great together because all our ancestors have contributed to the extent of their skills, character and sometimes their genius. We’ve benefitted from everyone.

And we’re safer because of it.

At the end of the nineteenth and beginning of the twentieth centuries, Americans focused on Americanizing the hordes of immigrants arriving on our shores. What did they do? They used the common public schools. And the corporations and the military played a part. They had soldiers and workers who didn’t speak the same language, share the same customs or celebrate the same holidays. Greeks celebrated Christmas but they did it weeks later which created problems for the factories. Business and the military created Americanization classes and some held a ceremony with a huge pot – the immigrants walked in on one side. On the other, out came the Americans!

The military tried separate units by language but by World War I they put people together in the same tents. Soldiers coming home from the two world wars fixed each other up with their sisters and cousins. Suddenly the melting pot went national.

Many of us fought for integrated schools because we know it makes America stronger, makes our kids stronger and safer. We still fight for integrated schools and communities. But we have just lived through a campaign about divisions, denigrating people for where they came from and how they pray. We have spent eight years watching the most vicious refusal to cooperate with one of the most decent men to occupy the White House on Pennsylvania Ave. because he had an African father.

With Thanksgiving in a couple of days it’s worth stopping to remember that the melting pot is well worth a celebration, well worth giving thanks for, for ourselves and for our country. And it’s worth stirring too.

 — This commentary was broadcast on WAMC Northeast Report, Nov. 22, 2016.


Sotomayor’s dissent in Utah v. Strieff, Part I

August 31, 2016

I want to read you a portion of a recent dissent by Justice Sonia Sotomayor in which she explains what I think many do not understand about what happens when police stop people on the street.[1] I will skip her citations but you can read them on the website. She wrote the last part of her dissent for herself alone. I think it is well worth your hearing that portion of her dissent in Justice Sotomayor’s own words:

Writing only for myself, and drawing on my professional experiences, I would add that unlawful “stops” have severe consequences much greater than the inconvenience suggested by the name. This Court has given officers an array of instruments to probe and examine you. When we condone officers’ use of these devices without adequate cause, we give them reason to target pedestrians in an arbitrary manner. We also risk treating members of our communities as second-class citizens.

Although many Americans have been stopped for speeding or jaywalking, few may realize how degrading a stop can be when the officer is looking for more. This Court has allowed an officer to stop you for whatever reason he wants—so long as he can point to a pretextual justification after the fact.[2] That justification must provide specific reasons why the officer suspected you were breaking the law,[3] but it may factor in your ethnicity,[4] where you live,[5] what you were wearing,[6] and how you behaved.[7] The officer does not even need to know which law you might have broken so long as he can later point to any possible infraction—even one that is minor, unrelated, or ambiguous.[8]

The indignity of the stop is not limited to an officer telling you that you look like a criminal.[9] The officer may next ask for your “consent” to inspect your bag or purse without telling you that you can decline.[10] Regardless of your answer, he may order you to stand “helpless, perhaps facing a wall with [your] hands raised.”[11] If the officer thinks you might be dangerous, he may then “frisk” you for weapons. This involves more than just a pat down. As onlookers pass by, the officer may “‘feel with sensitive fingers every portion of [your] body. A thorough search [may] be made of [your] arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”[12]

The officer’s control over you does not end with the stop. If the officer chooses, he may handcuff you and take you to jail for doing nothing more than speeding, jaywalking, or “driving [your] pickup truck . . . with [your] 3-year-old son and 5-year-old daughter . . . without [your] seatbelt fastened.”[13] At the jail, he can fingerprint you, swab DNA from the inside of your mouth, and force you to “shower with a delousing agent” while you “lift [your] tongue, hold out [your] arms, turn around, and lift [your] genitals.”[14] Even if you are innocent, you will now join the 65 million Americans with an arrest record and experience the “civil death” of discrimination by employers, landlords, and whoever else conducts a background check.[15] And, of course, if you fail to pay bail or appear for court, a judge will issue a warrant to render you “arrestable on sight” in the future.[16]

More next time.

— This commentary was broadcast on WAMC Northeast Report, August 30, 2016.

[1] Utah v. Strieff, 136 S. Ct. 2056, 2069-71 (2016) (Sotomayor, J., dissenting).

[2] Whren v. United States, 517 U. S. 806, 813 (1996).

[3] Terry v. Ohio, 392 U. S. 1, at 21 (1968).

[4] United States v. Brignoni-Ponce, 422 U. S. 873, 886-887 (1975).

[5] Adams v. Williams, 407 U. S. 143, 147 (1972).

[6] United States v. Sokolow, 490 U. S. 1, 4-5 (1989).

[7] Illinois v. Wardlow, 528 U. S. 119, 124-125 (2000).

[8] Devenpeck v. Alford,  [2070]  543 U. S. 146, 154-155 (2004); Heien v. North Carolina, 574 U.S. ___,  (2014).

[9] See C. Epp et al., Pulled Over, at 5 (2014).

[10] See Florida v. Bostick, 501 U. S. 429, 438 (1991).

[11] Terry, 392 U. S., at 17.

[12] Id., at 17, n. 13.

[13] Atwater v. Lago Vista, 532 U. S. 318, 323-324 (2001).

[14] Florence v. Board of Chosen Freeholders of County of Burlington, 566 U. S. ___,  182 L. Ed. 2d 566, 573 (2012); Maryland v. King, 569 U. S. ___, 186 L. Ed. 2d 1, 30 (2013).

[15] Chin, The New Civil Death, 160 U. Pa. L. Rev. 1789, 1805 (2012); see J. Jacobs, The Eternal Criminal Record 33-51 (2015); Young & Petersilia, Keeping Track, 129 Harv. L. Rev. 1318, 1341-1357 (2016).

[16] A. Goffman, On the Run 196 (2014).


Beyond Channeling Money

August 9, 2016

This is the sixth and last in a series on Money in Politics

Money finds ways to influence the political system despite our efforts to prohibit or replace it. It’s like a balloon that bulges wherever it can, or water that finds any path to cause trouble. Limits on contribution and gifts matter. But prohibitions aren’t enough. They just force politicians to spend more time looking for money and find ways around the limits. Even public funding for election campaigns isn’t a magical solution that will banish every problem in a puff of public green.

There are many problems we can solve to improve the rules of self-government. Employees deserve some protections. Employers can and some do pressure workers, make them go to some candidates’ talks, or give them work to do in political campaigns. Employer requests are hard to resist for fear of demotion, or other damaging consequences. We restrict sexual invitations to workers to avoid subtle or not-so-subtle intimidation. For similar reasons, employees deserve political protection on the job.

Still, we need more than prohibitions and public money. Parties were once the people’s answer to the power of money. Without parties, the wealthy and well-connected would rule. Parties were promptly corrupted, so Americans adopted primaries. Primaries shifted power to individual candidates and their organizations, and shifted power from the center of the voting population to majorities of primary voters, who tend to be much more extreme. That offers what Barry Goldwater, in his losing 1964 presidential bid, called “a choice, not an echo.” But it can also polarize politics and create a politics that almost nobody wants.

Most important for the future is how we prepare ourselves. We’ve been telling each other since the Revolution that we need an educated public. Unfortunately, many schools no longer educate people in relevant ways. We graduate students who have little idea who or how government is run, what our history is, or any understanding of the economic and social issues of our time. We complain that immigrants will not respect our ways, but leave the majority of natural-born Americans ignorant of how America came to be America. We need to do better.

What I see as truly encouraging is that this election has drawn many people into politics out of a real sense of public duty. I remember earlier waves like those that Adlai Stevenson, John Kennedy, Ronald Reagan, the civil rights and feminist movements drew into politics. I hope those of you whom Hillary, Bernie and Obama drew into politics will stay active and not become discouraged because all our dreams cannot be achieved quickly. I hope you’ll enjoy mixing with others door to door, in community meetings, house parties, barbeques, and otherwise staying in touch with the people.

I do think we can make life better. I don’t think we should expect a political heaven on earth. A large part of politics is about resolving differences of perspective, interests and needs – many of them legitimate on all sides. It’s not just about getting things done. It’s also about disagreement, conflict and compromise. Few of us ever get complete victories, and probably shouldn’t. But finding decent solutions to problems that divide people is also the challenge and one of the truly honorable tasks of democratic government.

— This commentary was broadcast on WAMC Northeast Report, August 9, 2016.


Regression to the Mean

August 18, 2015

Social scientists have a phrase, “regression to the mean.” What they mean is that the law of averages eventually fells families, companies or countries that are doing better than average, and eventually lift those doing much worse than the average. Now for all of us who like to say the United States is the best in the world, there is a prospect to consider.

We could just get fatalistic; it’s going to happen so what can we do about it. But of course we didn’t succeed by fatalism. Americans escaped, trekked, traveled, by rickety sailboats and steerage and every other way imaginable to get here and then they cleared the wilderness and conquered the continent and then took on the world. No fatalism about that.

They didn’t stare at each other saying we can’t do or build this or that; they joined together or got the government to help. Until the fatalists took over. Reagan said government is the problem. Strange remark, from a man who either should have known better or did, because when he took over the U.S. Government was actually remaking the world, our world. Perhaps you didn’t know that the internet was developed by DARPA as a national security project to make up for a strategic weakness of the old fashioned telephone system. Or that the transistors that run everything you use were developed as part of a government war effort. There isn’t much that you and I touch that weren’t connected in some way to the government space effort.

I could tell that story for every American generation. Government that is devoted to the welfare of the people, began here. The banking system, the transportation system repeatedly rebuilt as new technology developed, schools and the university system, the list of government projects for us is endless – until we stopped trusting each other and our own government.

So how do we stay strong, healthy, and successful? Some think we do it by fighting everyone. They must have grown up in a very tough neighborhood. Those who crunch the numbers figured out a long time ago that arms are what economists call a deadweight loss. Sometimes you really need them but they contribute zero to the economy except for the research. And like the barroom brawler, everyone’s gunning for the top gun.

We got where we are because of our economy. You can look at the economic numbers and see when Germany got ahead of England and France and then when the U.S. surpassed Germany. It’s all in the numbers. Ever since that other fatalist, George Bush said “read my lips; no new taxes,” Americans have imagined that progress was free. But we got where we are because government did the things needed to facilitate what the rest of us could do, travel, save, study, communicate, ship, research and on and on.

But now America feels so poor that it can’t repair its infrastructure, can’t fix the cables, the water and sanitary systems, can’t fund its university system except on the backs of students who haven’t yet had a chance to earn a living. If America is truly that poor, it will regress to the mean.

— This commentary was broadcast on WAMC Northeast Report, August 18, 2015.


Canadian Comparative Religion Case

May 19, 2015

I’d like to tell you about a recent decision of the Supreme Court of Canada regarding religious education.[1] Quebec has a “mandatory core curriculum” which includes a Program on Ethics and Religious Culture, to teach “about the beliefs and ethics of different world religions from a neutral and objective perspective” as the Court described it. It “requires teachers to be objective and impartial” and “to foster awareness of diverse values, beliefs and cultures.” The court decided that freedom of religion required Quebec to allow a Catholic school, to teach about Catholicism from a Catholic perspective, but the Court held that the school nevertheless needed to present other faiths in a neutral way, a position that the school largely accepted.

I understand the problems with the case. I understand that there will be difficulties interpreting and enforcing the decision and the law on which it is based, and in balancing the rights of the schools and the students. But it’s also very interesting.

It has always been legal to teach comparative religion or the history of religion in public schools in the United States. The so-called “wall of separation” has always been about fairness toward all the students, denying government the power to promote any religious viewpoint over others. It has not been about total exclusion from the classroom. Here’s what our Supreme Court wrote:

While study of religions and of the Bible from a literary and historic viewpoint, presented objectively as part of a secular program of education, need not collide with the First Amendment’s prohibition, the State may not adopt programs or practices in its public schools or colleges which “aid or oppose” any religion. [2]

We perceive “exclusion” from public places and programs because litigants typically want to promote a specific religion or doctrine rather than treat us to a display of inter-faith brotherly love. Multi-faith displays aren’t generally a problem – except for the promoters. Most Americans support that kind of basic fairness. And there is much to admire in what Quebec has tried to do.

Some congregations themselves teach their young people about the differences in the ways people pray, taking them as a group on tours of other houses of worship. Sometimes the little congregation where I pray plays host to such groups, a practice I admire very much.

I’ve felt lucky over the years to spend time at Chautauqua where religious lectures and services are programmed into the Amphitheatre, so even if you don’t plan on attending you may be mesmerized just passing by, as I was a few years ago hearing thousands of people in the Amphitheatre in this historically Protestant religious community reciting a prayer in Arabic as part of what they called their Abrahamic initiative, exploring the different faiths that have roots in the religious world of the patriarch Abraham and the ancient Hebrews. They explored it by including clerics from each of those traditions.

My college experience was similar – we had to go to services, regardless of whose, and programming in the main university chapel was ecumenical – so I heard some of the world’s finest theologians of the era, regardless of faith.

I came to appreciate the fact that the finest minds of most faiths understand the similarity of their religious worlds, and the identity of unanswerable questions with which we all struggle. Most of all I appreciate what unites us and the import of that unity for us all.

Given the rise of religious war and cruelty in many parts of the world, I can’t bring myself to take brotherhood for granted. It is the hard won prize of our America.

— This commentary was broadcast on WAMC Northeast Report, May 19, 2015.

[1] Loyola High School v. Quebec, 2015 SCC 12 (2015), available at http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14703/index.do

[2] Epperson v. Ark., 393 U.S. 97, 106 (U.S. 1968) quoting McCollum v. Board of Education, 333 U.S. 203, 225 (1948).


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