Peace Corps and Legal Services

April 11, 2017

The Trump Administration hasn’t included the Peace Corps in its proposal for fiscal year 2018. It proposed cutting the international affairs budget by nearly a third.[1] It struck funding for the Legal Services Corporation which provides funds for poor people to defend what little they have. And, as we are all aware, it has advanced its war on truth by trying to cut the budget of National Public Radio. None of that will save much in the budget but it will damage the country and make life coarser and less secure for the people in it.

On Feb. 27, 2017 “retired three and four star flag and general officers from all branches of the armed services” wrote congressional leadership “to share our strong conviction that elevating and strengthening diplomacy and development alongside defense are critical to keeping America safe.”

These generals and admirals told Congress from their own experience “that many of the crises our nation faces do not have military solutions alone – from confronting violent extremist groups like ISIS in the Middle East and North Africa to preventing pandemics like Ebola and stabilizing weak and fragile states that can lead to greater instability” as well as “refugee flows that are threatening America’s strategic allies in Israel, Jordan, Turkey, and Europe.”

These military officers made it plain that “The military … needs strong civilian partners in the battle against the drivers of extremism– lack of opportunity, insecurity, injustice, and hopelessness.” From their experience, “The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way.…”

The Trump Administration’s blueprint for FY2018 for 150 international affairs budget functions included no budget proposal for the Peace Corps. According to the Congressional Research Service, the nearly quarter of a million Peace Corps Volunteers who have served in 141 countries provide a form of “public diplomacy” for America, not to mention the “short-term … [postings for] emergency, humanitarian, and development assistance at the community level … including post-tsunami Thailand and Sri Lanka and post-earthquake Haiti.”. And they bring back with them and help the rest of us understand other parts of the world that few of us get to see. Both the specific attack on the Peace Corp and the general attack on diplomacy are part of the foolish short-sightedness of the current Administration.

Apparently the Administration doesn’t like poor people in the United States any more than abroad, as it made clear by trying to end the Legal Services Corporation. In commentary in the Times Union, Dean Alicia Ouellette of Albany Law School just stuck to the facts:

“People facing life-altering crises — parents losing custody of their children, families facing wrongful foreclosures, veterans wrongly denied benefits, the elderly scammed of life savings by fraudulent businesses, farmers struck by natural disaster — need the help of lawyers.”[2]

But for the Trump Administration, if you’re too poor to hire an attorney, you don’t deserve justice.  It’s not just the people who are deprived of their rights; it’s the public as well. According to a Massachusetts study, government funding of various types of legal representation showed returns of from two to five times the amount expended on counsel, depending on the area of legal services, not including the very significant benefits to state residents.[3] Those benefits can be very significant. Dean Ouellette cited a study by the New York City Bar Association showing savings to the city of more than half again the cost of providing legal help to people who can’t afford it in a variety of non-criminal matters. Other studies similarly show that the cost of erroneous convictions vastly exceeds the cost of providing counsel.[4]

For this president, no injury to the public or to the vulnerable is too great.

— This commentary was broadcast on WAMC Northeast Report, April 11, 2017.

[1] Congressional Research Service, https://fas.org/sgp/crs/misc/RS21168.pdf.

[2] http://www.timesunion.com/tuplus-opinion/article/Funding-legal-services-for-the-poor-benefits-all-11049978.php.

[3] INVESTING IN JUSTICE A ROADMAP TO COST-EFFECTIVE FUNDING OF CIVIL LEGAL AID IN MASSACHUSETTS, A REPORT OF THE BOSTON BAR ASSOCIATION STATEWIDE TASK FORCE TO EXPAND CIVIL LEGAL AID IN MASSACHUSETTS, at 19-24 (2014) available at http://www.bostonbar.org/docs/default-document-library/statewide-task-force-to-expand-civil-legal-aid-in-ma—investing-in-justice.pdf.

[4] James R. Acker, The Flipside Injustice Of Wrongful Convictions: When The Guilty Go Free, 76 ALB. L. REV. 1629, 1631-36, 1708-09 (2012/2013).


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.


Choose Life

February 28, 2017

I want to focus on a serious issue that is being ignored in favor of all kinds of fake news and grandstanding. In college, I took a course on demography. That means we were looking at the explosion of population in parts of the world, which then leveled off, but at much higher levels than before. Everything we are struggling with in this twenty-first century is related to that explosion of population.

The most significant advances in our longevity were the result of public health advances, precisely the things that people don’t want to spend on right now, on our water and sewer systems. I remember my dad asking every owner of places where we stopped for the night whether the water was potable, meaning it was drinking water from which we would not get sick. That was new in his lifetime. And by the way, my dad grew up in Brooklyn, in New York City, using an outhouse. Sure many of us have used outhouses at one time or another but they are not the best protection for public health in large communities – septic systems take lots of space.

After water and sewer systems, penicillin probably made the biggest difference – it’s probably why I’m talking with you today but never met my sister who died at the age of three before the discovery of penicillin. Those advances added decades to our lives by comparison to very short advances from modern medicine and surgery.

And they are a large part of the problem of global warming. There are lots more of us burning things, driving cars, using electricity, getting what we need for business or pleasure from the furthest corners of the world. That takes energy. Energy has been produced by burning things. And so the world gets hotter, the oceans expand, tropical diseases proliferate, and life threatens to get nasty, brutish and short once again. And efforts to mitigate that will be overtaken if population continues to expand – worldwide it’s doubled in my lifetime.

So when I hear about advances in medical science, like the possible elimination of malaria, I think how wonderful for the likely victims, and then I wonder about the global impact. There is no free lunch. We can make lots of advances. But the world has its limits. More people will put more stress on the environment. And stress on the environment is already heading us toward the next major extinction – us, human beings, our children and grandchildren.

And so I think there is a trade-off between our health and our numbers. There is no human life after we are extinguished – only death and tears. So let’s be clear, I am very pro-life, but to be pro-life demands support for birth control, especially the kinds that prevent conception.

There is no so-called pro-life position that is not also a position about death. It seems to me that The Church and all houses of worship, must rethink their positions about death and destruction along with their positions about conception. The two are intertwined by laws well-beyond our ability to control. Yes the Bible says choose life, all our bibles say that in some form. But are we choosing life if we ignore the reality of death, destruction, and extinction?

— This commentary was broadcast on WAMC Northeast Report, Feb. 28, 2017.


Investing in the Environment

February 21, 2017

The White House isn’t explaining government’s environmental options.

The environment is the crux of emerging industry. It doesn’t just enable us to breathe better and protect our children’s lives. It is a growing industry which America could dominate if we tried. It is and will be crucial to housing materials, and protecting existing investments of all kinds. Places and countries that don’t protect their environments will not attract entrepreneurs, workers or investments. Their infrastructure will clog along with people’s lungs.

And as it becomes cheaper solar and wind make other industries possible – sun and wind don’t charge by the hour. Falling behind in environmental infrastructure means disaster, abandoned communities if they don’t first fall into the sea.

As simple a gesture as writing land-planning rules so that new construction has the best orientation to the sun cuts expenses forever. Supporting science, instead of taking scientific findings off government websites, will lead to other helpful steps America could take. Plus everything we do for the environment will depend on putting people to work to get it done.

Yes I know, there are shifts in world temperatures that are not man made. New York was once covered with a huge sheet of ice. Nevertheless, we also know, independently, that carbon and methane are driving global warming. Even if natural processes affect the temperature of our world, mankind is making it much worse. We could take action to bring that down unless we put our heads firmly in the sand. Fighting to minimize climate change is good for the economy. Losing that fight isn’t. It means rescuing people, pulling them away from the coasts, crowding them into smaller less productive areas. More than that, it means that many of the places we live will become uninhabitable. Only the mortuaries will do well.

I once chatted with an engineer about the effects of climate change. I knew that his house is in New York City, only 8 feet above sea level and not far from the coast. So I suggested he move to higher ground. He responded that if the sea rose 8 feet, New York City would be unlivable. The infrastructure of the city wouldn’t work. Roads and streets would be submerged or collapse. It wouldn’t be worth staying even on higher ground. So I suggested moving up here – the Hudson may be at sea level but most of us are much higher than that. His response was chilling but one would be a fool to assume he was wrong. He said that none of us would be safe if 8 million New Yorkers, or more from the metropolitan area or the East Coast, became refugees. Wow. His point is that if large numbers of us become desperate, and remember that most Americans live near the coasts, then all bets are off.

Remember the resistance in Congress to repairing the damage from Sandy. That doesn’t even compare to the costs of a rising sea.

So fighting climate change is good for jobs, protects us from economic collapse, and gives our children and grandchildren something to live for. That’s a heck of a worthwhile investment, and a collective, patriotic goal.

— This commentary was broadcast on WAMC Northeast Report, Feb. 21, 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.


The Future

January 17, 2017

What are the lessons of the election for the future of democracy?

First, leaving part of the population far behind is dangerous. Democracy properly gives everyone the right to vote, so everybody counts. When a segment of the population feels ignored, like those who lost their factory jobs, they sometimes revolt. But it’s easier to destroy what they don’t like than to shape a better future. Many, disliking Hillary and the gridlocked Congress, knocked her and Democrats out of their way, but are likely to regret the results unless the Republicans change and start working for the workingmen they’ve ignored.

For a century, Republicans have been fighting the unions of working people, and the legal protections for working people and consumers with increasing success. Can Republicans change and actually side with those same people. That’s the claim of Trump’s empty jawboning. But his methods will do the opposite.

  • He can’t bring coal back now that other forms of energy are cheaper.
  • He can’t bring steel back when other countries produce it for less.
  • There are opportunities in technology, science, education, research, infrastructure, the environment, and retraining but Republicans prefer to count pennies and dream about a world they can’t have back.

Progress requires investment. But Republicans only support tax relief for the wealthy with prayers they’ll do something useful, not complex and destructive financial maneuvers, mergers, buyouts and monopolization – all strategies for beggaring the rest of us.

I don’t expect Republicans to change their colors.

But political campaigns will change, effective immediately:

  • Candidates will repeat slogans like “crooked Hillary” or “wicked Donald” ad nauseum, expecting people to be more affected by repetition than evidence.
  • Accomplishing something will be downgraded to the level of an accidental coincidence because candidates will expect people to be more moved by rhetoric than reality.
  • Appeals to people’s guns and hatreds will no longer seem self-defeating; instead, appealing to people’s basest instincts and group hatreds will be mandatory.

Is there another way?

The economic polities of FDR, President Franklin Delano Roosevelt, stuck for more than half a century and kept this country depression-free until the recent W years.

Roosevelt understood that policies had to be good for everyone. He designed Social Security so that everyone got it, conveniently, through the post office; our checks came in the mail, although now it’s often direct deposit.

His economic policies got everyone back to work – Roosevelt didn’t shrink from hiring people with government dollars to get them working. He didn’t rely on a private market when it obviously wasn’t working. And he took our economy out of the Great Depression and put it on a powerful footing for an economic surge that lasted the rest of the century.

It’s not about jawboning. It’s about figuring out what will actually get people to work. That’s what America got out of the New Deal. What he didn’t do was turn the rest of us into the serfs and slaves of the wealthy. He didn’t celebrate the kind of jobs done only by those too desperate to refuse endless hours for peanuts, in what we used to call sweatshops and labor camps, no matter how dirty, diseased, dangerous, disgusting, illegal or improper.

Let me end by asking what we will also be doing to reign in global warming, protect Americans,  democracy, and the country we were blessed with?

— This commentary was broadcast on WAMC Northeast Report, January 17, 2017.


Is Democracy in America Coming Apart?

December 6, 2016

I wrote Unfit for Democracy to warn that American democracy could collapse in coming decades. But the problems are coming home to roost sooner than I expected.

How the economy treats people matters. That was the starting point for my work and, since World War II, for political scientists studying the survival or breakdown of democracy. But the American economy has been leaving lots of people behind. In my book I argued that the Supreme Court was diluting the value of ordinary Americans’ economic rights in favor of the wealthiest people and corporations. I feared the danger to democracy as people became more and more desperate.

I also worried the Court wasn’t enforcing the Bill of Rights for ordinary people and feared would-be dictators could take advantage of it. And I worried because the Court permitted politicians to fix the voting mechanisms to make fair elections almost impossible.  Changes made after the 2010 census allowed Republican-dominated legislatures to lock Democrats out of Congress and the majority of state legislatures for the foreseeable future. That Court-sanctioned gerrymandering now blocks fair representation in Congress and in many states. Trump kept claiming that the system was fixed, implying that it was fixed against him, but the Court allowed the Republican Party to block access to the polls in many states.[1] The election was partly fixed, in favor of the Republicans and Mr. Trump.

I also worried that legal changes underlying changes in the media and the primary systems were contributing to the polarization of America. As Jim Hightower once titled a book,  There’s Nothing in the Middle of the Road but Yellow Stripes and Dead Armadillos. I thought that was dangerous.[2]

Now we are finding out that only a quarter of Americans still believe that it is important to live in a democracy. And we’ve elected a president who befriends autocrats – autocrats who destroyed democratic governments, censored the press, put opponents in prison, and took over.

Once that happens, the people who wanted to break the system down have no voice in what the new system does. Autocrats around the globe become kleptocrats – they steal from everyone for themselves and their friends. In commentary earlier this year I described that as the Sheriff of Nottingham syndrome – the sheriff from the Robin Hood legend who took from the poor to fill the pockets of King John. Corruption in democracies doesn’t hold a candle to what autocrats do to their people financially, how opportunities suddenly depend on the dictators’ favor, how freedom disappears, real freedom, the freedom to walk around out of prison and take care of one’s family. Those folks who were so ready to break the system are likely to be among the first broken by it.

The Court won’t protect us. Those with power have no motive to protect us, but only to keep their own advantages. The rich will have more, not less control. Just look around at how Trump is deepening the threats:

  • His worldwide set of conflicts of interest become opportunities for Trump enterprises in the pattern of third-world kleptocracies;
  • He proposes to cut benefits for ordinary Americans, leaving more for himself and friends;
  • He selects America’s wealthiest to run our economy;
  • He rants about asserting “Second Amendment rights” at the polls as if menacing people at polling places advances democracy;
  • He rants about throwing people in jail – starting with his political opponent – though that threatens democratic competition;
  • He seems to think that winning means he can do whatever he wants.
  • And he and the Republicans seem to believe recounts are legitimate only for themselves – not to protect and enforce the voters’ choices.

If American democracy collapses, it will be the biggest victory for the world’s worst people. As Trump pounds on the pillars of democracy, we will have to do all we can to preserve the American democratic way of life.

[1] Unfit for Democracy, at 195-204.

[2] Id.  at 153-67; Law and the Polarization of American Politics, 25 GEORGIA STATE L. REV. 339 (2008).

— This commentary was broadcast on WAMC Northeast Report, December 5, 2016.

 


%d bloggers like this: