Showing posts with label politics. Show all posts
Showing posts with label politics. Show all posts

Monday, February 27, 2023

Judge chides attorney for not wearing coat

An Arkansas Supreme Court justice earlier this month called out a professor-attorney for not wearing a coat in a Zoom argument.

Associate Justice Courtney Rae Hudson took to task attorney and Professor Robert Steinbuch, Arkansas Little Rock, my colleague and past co-author on freedom-of-information works (book, essay), first, for not wearing a coat over his button-down shirt in the Zoom argument on February 2, and then for not having asked advance permission to use a demonstrative exhibit. She had the court and counsel wait painfully while Steinbuch and his attorney-client fetched coats.

Steinbuch probably should've worn a coat. He told Justice Hudson he had not because it interfered with his handling of the exhibit, a statutory text, within the small space of the camera view. Good excuse, bad excuse; either way, Justice Hudson's handling of the matter was condescending and, coming as it did after Steinbuch's argument, felt more personal than professional. My impression as a viewer was that Hudson was the one who came off looking worse for the exchange.

Being an aggressive advocate for transparency and accountability in Arkansas, Steinbuch has many allies in mass media, and they were not as gentlemanly about what went down as Steinbuch was. The aptly named Snarky Media Report made a YouTube video highlighting the exchange.  As Snarky told it, "Justice Hudson pulled out her Karen Card." Snarky also observed, with captured image in evidence, that "[s]everal times during the hearing Hudson appeared to be spitting into a cup."

More seriously, Snarky took the occasion to highlight past instances in which Hudson's ethics were called into question. Hudson (formerly Goodson), who was elected to the court in 2010, and her now ex-husband, a class action attorney, took two vacations abroad, valued together at $62,000, at the expense of Arkansas litigator W.H. Taylor (Legal Newsline). Hudson did report the gifts, and she said she would recuse from any case in which Taylor was involved.

Very well, but my suspicions of bias run a bit deeper. Hudson's vacation-mate ex, John Goodson, is chairman of the board of the University of Arkansas. (Correction, May 9, 2023: I'm told that Goodson ended his service on the board a year or so ago; I've not been able to ascertain the date.) One of Steinbuch's tireless transparency causes has been for Arkansas Freedom of Information Act access to the foundation funding of the university system in Arkansas, especially the flagship University of Arkansas, Fayetteville. Indeed, Steinbuch wrote just last week (and on January 29), in his weekly column for The Arkansas Democrat-Gazette, about that very issue in connection with secret spending at Arkansas State University. University System counsel have fought ferociously and successfully for decades to stop any lawsuit or legislative bill that would open foundation books to public scrutiny.

Goodson also has what the Democrat-Gazette characterized in 2019 as "deep political and legal connections around the state" with disgraced former state Senator Jeremy Hutchinson. Hutchinson is a nemesis of former Arkansas politician Dan Greenberg (a longtime friend of mine). After Greenberg lost the senate race to Hutchinson in 2010, Greenberg sued a local newspaper, alleging a deliberate campaign of misinformation. Steinbuch supported Greenberg in the suit. Though Greenberg was unable to demonstrate actual malice to the satisfaction of the courts, discovery in the suit revealed a problematically cozy relationship between the newspaper editor and Hutchinson.

The day after the oral argument in Steinbuch's case, Hutchinson was sentenced to 46 months in prison on federal charges of bribery and tax fraud—ironic, given that a false report of ethical misconduct was a rumor that Hutchinson had sewn about Greenberg in 2010. 

I don't know; maybe Justice Hudson just gets really hung up on men's attire.  She does hail from a conservative corner of Arkansas.

But a wise friend once told me, "Nothing in Arkansas happens for the reason you think it happens."

The case is Corbitt v. Pulaski County Jail, No. CV-22-204 (Ark. oral arg. Feb. 2, 2023).

Friday, February 24, 2023

Nigerians pin high hopes on horse-race election

Voters bear PDP flags at a rally in Ilé-Ifè, Osun State, in December.
RJ Peltz-Steele CC BY-NC-SA 4.0

Update, March 1, 2023: Nigerian election authorities declared Bola Tinubu of the incumbent APC party as President-elect. Al Jazeera has data. Obi prevailed in Lagos, Abuja, and a band of southern states including Anambra, but turned in 6.1 million votes to Abubakar's 7 million and Tinubu's 8.8 million, according to official numbers. PDP and Labour vowed legal challenges after an election marred by technical difficulties and incidents of violent voter suppression. The U.S. State Department issued a press release.

Nigerians go to the polls in a landmark presidential election tomorrow, Saturday, February 25.

The election is landmark for many reasons. Nigeria is Africa's most populous nation. Polls show a horse race. The three-way contest with no incumbent offers an outsider option that's especially appealing to young voters. Beset by social and economic crises, Nigeria is perceived as standing at a crossroads from which ways lead either to catastrophic collapse of the rule of law or to sea-change development into continental economic powerhouse. And, unfortunately, Nigerian elections even in the best of times notoriously coincide with violent protest.

The three leading candidates are Atiku Abubakar, Bola Tinubu, and Peter Obi (linked to BBC profiles). I went to Nigeria in December to get the lay of the land.

I visited the Osun-Osogbo Sacred Grove, one of two UNESCO
World Heritage Sites in Nigeria. Regrettably, the other, the
Sukur Cultural Landscape, is not in a safely accessible region.
RJ Peltz-Steele CC BY-NC-SA 4.0
Atiku Abubakar is no stranger to the election process, having run unsuccessfully before against outgoing President Muhammadu Buhari. Abubakar represents the center-right People's Democratic Party (PDP), which was the affiliation of Buhari predecessor Goodluck Jonathan. The PDP tends to conservative economic and social policy, meaning, respectively, deregulation and religious values. The latter is especially significant in Nigeria, because outbreaks of violence and the government's loss of control of northern states are complications principally of religious sectarianism. Both Abubakar and Buhari are Muslim; Jonathan is Christian. Trying to balance the demands of both the Islamic north and the Christian south simultaneously, the PDP has favored deference to regional religious authorities through laissez-faire federalism in social as well as economic policy.

A car in Ilé-Ifè advertises PDP candidates. Ilé-Ifè is a spiritual home of the Yoruba people.
RJ Peltz-Steele CC BY-NC-SA 4.0

At the Central Mosque in Ilorin, Kwara State.
RJ Peltz-Steele CC BY-NC-SA 4.0
Bola Tinubu is the candidate of the All Progressives Congress (APC), the party of Buhari, who also was a military head of state in the 1980s. A millionaire, accountant, and former governor of Lagos, Tinubu is American educated and has past ties to U.S. mega-corporations such as Arthur Anderson, which collapsed after the Enron scandal, and ExxonMobil, specifically, Mobil Nigeria, which bought its way out of the environmental mess of the Niger Delta for $1.3 billion last year. A Muslim, Tinubu hails from southwestern Lagos and Oyo State. To broaden his appeal, he chose a Muslim running mate from the north, though Christian voters are disenchanted with the break from the tradition of a spiritually split ticket. The APC identifies with social-democratic economic policy. A favorite of the populous Yoruba ethnic group, Tinubu boasts of his business acumen, having brought record-breaking foreign investment to Lagos. But his ties to big business and the political establishment cause many, especially younger voters, to eye him warily. As well, kidnapping and violence in Nigeria have reached into even the southwestern states of Oyo and Osun, formerly regarded as safe, surfacing discontent with the incumbent APC's poor record on basic security.

The Nigerian capital of Abuja is developing an arts-tech district,
which I visited in December. The capital was moved in 1991 from
Lagos to Abuja, a planned city at a central geographic location,
selected for practical and symbolic reasons to unite Nigerians
of different ethnic and religious identities.

RJ Peltz-Steele CC BY-NC-SA 4.0

Peter Obi is the wild card. At 61, he's a kind of Nigerian Bernie Sanders for enthusiastic youth fed up with the status quo. He's a Catholic from east of the Niger River, which alienates Muslims in the north, while not necessarily delivering a go-to for Christians in the southwest: an uphill battle. An ethnic Igbo, though, he appeals to another populous ethnic group that feels marginalized by the two parties of the political establishment. In the Nigerian civil war of the 1960s, Igbo nationalists threw in with the secessionist Republic of Biafra, and the Igbo have struggled to reclaim political representation since.

Labour Party logo.
Via Wikipedia (fair use).
Formerly a PDP candidate, Obi in Saturday's election represents the Labour Party, which stands more overtly for social democracy than the APC does. Boasting a logo of a gear encircling people, Labour touts values of social justice and universal economic opportunity. That message strikes a powerful note in a country endowed with a wealth of natural resources, including oil, yet in which almost two-thirds of the population, some 134 million people, live in poverty. Gen Z voters in particular crave change, and they've reclaimed the term "coconut heads," formerly used to disparage perceived laziness, now to signal support for Obi.

Obi is a former governor of Anambra State, home of the busy river port of Onitsha on the east bank of the Niger. A friend of mine is an Anambra native, American educated in business, and an executive of a manufacturing firm in Onitsha. He's a Christian and Gen X, like me, but, despite his age, you can count him among the coconut heads. (I'm not naming him here for sake of his security. Though he has expressed his views publicly, and support for Obi is widespread in Anambra, we don't know what the future will bring for Nigeria, and there's no need to memorialize online one voter's politics.) He wrote a missive just two days ago that I think well captures the motivation of Obi supporters:

Nigerians have never been able to hold Gen. Buhari to task on any promise made before the 2015 general elections. He has not kept any. The reason is because those promises were made by his campaign spokespersons, aides and APC party officials. Same is repeating itself with Atiku and Tinubu. The two men have been prevaricating on what they would do if elected. In fact, Tinubu has not granted any interview to any Nigerian television/radio stations. He has also avoided every debate for the presidential candidates. He is running away from being held responsible for his words and promises.

In contrary, Peter Obi has attended every debates, townhall meetings and interviews that came up. He has also looked Nigerians straight in the eyes and told them to hold him responsible for his promises. In a television interview yesterday, Ahmed Datti, Mr. Obi's running mate, told Nigerians to fire them if they fail to improve their lives after four years.

The choice is yours. I and my household shall vote Peter Obi's Labour Party for presidency on Saturday, 25th February, 2023.

When I visited Nigeria in late autumn, I hoped to learn more about the social and political situation in the country than I could glean from reading from home. For better or worse, I didn't absorb much that was new. Nigeria's reality on the ground is precisely what it appears to be: a nation that exemplifies "the resource curse," awash with oil yet riddled with poverty; a people flush with potential yet stymied by venal institutions. Insofar as Nigeria's present predicament makes it a bellwether for west and central Africa, more might ride on Saturday's election than even one nation's presidency.

I've long witnessed my friend in Onitsha rail in frustration at Nigeria's inability to combat corruption and climb to its rightful place as a social and economic leader on the world stage. Having been welcomed by people of such a famously boisterous yet warmly embracing national culture, I'm brimming with empathy. Maybe this election at last will show a way forward and upward.

 
Celebrants rally for the PDP in Ilé-Ifè in December. Political parties sometimes pay supporters to turn out, so it can be difficult to gauge true voter fervor on the basis of public demonstration.
RJ Peltz-Steele CC BY-NC-SA 4.0

Thursday, February 23, 2023

Follow the dollar, name politicians in train disaster

Sen. John Thune (R-S.D.) blocked rail safety measures.
Medill DC via Flickr CC BY 2.0
Government "tried" to regulate rail, but industry "resisted" and "won."

That's what I heard tonight in a news break on National Public Radio about the East Palestine, Ohio, derailment disaster.

As if public safety regulation were a football match. Government just couldn't stop that offensive drive late in the second half.

No.

Blame industry, sure.  There's plenty blame to go around. But profits ahead of people? You can't be surprised. That's American industry's MO. And, to be fair, as long as no one gets hurt, we applaud.

Rather, save a big helping of blame for government. The same government now in Ohio trumpeting how Norfolk Southern will be held accountable.

Buck passed.

Government wasn't defeated in some contest with industry on the gridiron. Government failed. The people who are the government lacked the will to do the right thing, or worse, chose to do wrong.

Lee Fang for The Intercept dug into how the U.S. Senate, namely Sen. John Thune (R-S.D.), blocked industry safety regulations eight years ago.

Follow the dollar.  Thune turns up, too, as a top-five recipient of rail lobbying dollars in 2021-22. Here's that list from Open Secrets:

  • Rep. Sam Graves (R-Mo.), $107,343
  • Sen. Jerry Moran (R-Kan.), $85,548
  • Sen. Eric Schmitt (R-Mo.), $72,900
  • Sen. John Thune (R-S.D.), $69,550
  • Rep. Earl Blumenauer (D-Ore.), $61,015

I think I know where we should send the contaminated soil from Ohio.

Nonprofit, nonpartisan Open Secrets has plenty of data. Check it out. If your congresspersons are on Big Rail's donee roster, don't send them back to Washington to try again.

Tuesday, November 29, 2022

Politics complicates football: Sympathy for ... Iran

As advertised, last week in Kraków, Poland, I had the great privilege to talk law, development, and the FIFA World Cup, with the group stage under way in Qatar.

Students and faculty of the American Law Scientific Circle (KNPA) and American Law Program at Jagiellonian University (Koło Naukowe Prawa Amerykańskiego TBSP UJ and Szkoła Prawa Amerykańskiego UJ), in collaboration with the Columbus Law School at the Catholic University of America, generously hosted me.  The talk kicked off a KNPA lecture series on "Law and Sustainability." My especial thanks to KNPA President Zuzanna Maszniew and her leadership team.

Photo © Zuzanna Maszniew, used with permission.
I was no John Oliver, to be sure, but I hope I stimulated thinking about the Gordian Knot of sport and politics and its implications for the Middle East and North Africa's place at the table.

Today, November 29, the United States will round out its play in the group stage in Qatar with a match against Iran, simultaneously with a high stakes stand-off between England and Wales. It's a big day, football fans.

Meanwhile, coming home to the States this week, I've been disappointed that Americans are not more in tune with the fascinating stories of geopolitics that are unfolding under the sporting tents of the Qatar World Cup. I admit, what's happening now in China dangles meritorious distraction. But with the USMNT facing Iran today, I want to mention one of the stories from Qatar that has gripped me.

In Iran's opening match with England last week, Iranian footballers refused to sing their own national anthem (BBC).  Stony faced, the players apparently chose to stand in silent solidarity with rights protestors against the government at home (N.Y. Times). Subsequently, Iranian authorities arrested a former national-team footballer known for occasional anti-regime sentiments (Guardian). At Iran's second match, the lads toed the line.

The anthem stunt was extraordinarily courageous. The players had to have known the disgrace they brought on the regime would have consequences when they go home, if not sooner.

Iranian footballers in 2018.
Mahdi Zare/Fars News Agency via Wikimedia Commons CC BY 4.0
More, though, I was struck by the reminder that people and their governments are not the same thing.

I'm a reasonably bright person, as people go, and I've seen a lot of the world. I come from an immigrant family myself. I grew up with a dear Iranian friend. Her stepmother taught me how to make tahchin, and her dad eagerly gave me his own well worn copy of All the Shah's Men. I shouldn't need to be reminded that people are just people, much the same around the world, just trying to make the best of things and find some joy where we can; and that it's wrong to ascribe the Machiavellian motives of states, whether others or our own, to their citizens. The protests now in China say the same.

Yet, I admit, I had followed the USMNT into the World Cup with something of a Cold War mentality, maybe because of the era when I grew up. Yellow ribbons, burning effigies, and "Death to America" chants all bounce around my long-term memory. I was determined that we and our Group B compatriots from England and Wales should beat Iran to make some kind of political point. A Miracle on Ice or Rocky IV situation.

The Iranian men's demonstration unsettled my unconscious prejudice. As a result, a part of me has been pulling for Iran in their last matches, even while, still, I had to favor the England squad, which features some of my beloved Manchester City stars, and Wales, which invokes Lasso-esque Wrexham affections. And even while, of course, I support my home USMNT today, there will be a part of me that wants to see the Iranian side make a pride-worthy showing.

Wednesday, November 23, 2022

With FIFA World Cup under way in Qatar, law students study sport and soft power, law and development

I'll be talking law, development, and the World Cup today in Kraków, Poland.

Thanks to the American Law Scientific Circle (KNPA) and American Law Program at Jagiellonian University (Koło Naukowe Prawa Amerykańskiego TBSP UJ and Szkoła Prawa Amerykańskiego UJ), in collaboration with the Columbus Law School at the Catholic University of America, for hosting me. This talk kicks off a KNPA lecture series on "Law and Sustainability" and begins at 3 p.m. CET at Pałac Larischa 203, Bracka 12.

I'll share some of the subject matter later.  Too much football to watch!

Monday, September 26, 2022

Governor's proposed pay hikes evince typical bureaucratic ignorance of how working people earn

Governor Dan McKee
(Kenneth C. Zirkel CC BY-SA 4.0 via Wikimedia)
Rhode Island Governor Dan McKee's proposal for huge increases to state administrators' pay, on the scale of revising $135,000 upward to $190,000, shows ignorance of how ordinary working people earn.

Our present condition of oppressive inflation has us all thinking a lot about pay. For ordinary working people in America, the only way to avoid an effective pay reduction over time is to change jobs. (Hat tip at my wife for putting words to that observation.) Employers demand "team" or "family" loyalty, 24/7 availability, and uncompensated overtime. But the loyal employee winds up being underpaid for overworking.

Raises don't keep up with inflation, if there are raises at all. In my own compulsorily union job, 2% raises are the contract standard. That rate tracks inflation for about the last 10 years, on average, but not for the preceding 10 years, when the union negotiated the rate, nor for the present year. The union admonishes that the university would give zero were it not for, of course, the union, so workers should be grateful for losing less badly. Then when the pandemic hit, the union asked for bigger pay cuts than the university proposed. So the union lost all credibility with me.

The "family" loyalty employers demand works only one way. At the first sign of hardship, jobs are cut; people in the lower ranks are disposable. Business cries out for relief form taxpayers, even as bottom lines bulge. Profiteering, not necessity, is pushing the present inflation, and there is no will in Washington for protection against price gouging. No wonder some workers are at last wising up to "quiet quitting," which is not quitting at all.

I make OK money, less than market rate for what I do, and less than I was promised since my employer, with union assent, reneged on an agreement, but a lot more than most Rhode Islanders. And I think I'm pretty good at what I do. You can't help but learn something with 25 years' experience.

Yet if I left my job, my employer would be pleased to replace me with someone lacking experience and paid two-thirds or less. Indeed, the norm in legal academia, in step with the private marketplace, is to prefer a 20-something lawyer out of a clerkship over a lateral candidate. At that, there would be young people lined up for my job, eager to be part of the "family," and understandably so in a market that has long forgotten what it means to negotiate terms of employment. I cannot move laterally even if I take the pay cut, because it's not just the discount price employers are after. They want a newly beholden member of the "family."

That's the reality for most American workers: employers expecting commitment and performance akin to indentured servitude from people who work cheap because they know they're easily replaceable for less.

So when I see pay raises of the kind that Governor McKee is proposing, supposedly for the purpose of recruitment and retention, I am outraged. In this New England market, there are plenty of bright, talented people right out of university, law and graduate school, some of them my former students, who are eager to test their skills in public leadership. The present $135,000 pay, double the average state salary, would be a dream offer.

That's not to say, of course, that I wouldn't rather see the market treat people fairly and reward talent and experience. I would rather that everyone in the workforce had pension security, not just public sector workers regardless of merit, willing to commit to one job and place for 20 years; that everyone had access to high-quality healthcare, not just people who let an employer walk all over them because they're afraid of dying from a recurred cancer if they change insurers; and that everyone would have the opportunity to earn a living wage in fewer than 40 hours per week.

But that's not our world. Well, not our country. So in the meantime, I don't care to see public-sector leaders privileged by terms of employment they are unable or unwilling to establish for the rest of us.

McKee's Republican opponent accused him of buying votes. I'm not sure that's true. There aren't enough state department heads to turn an election, and I doubt they have that much sway behind the curtain over the voters who work for them. 

I think it more likely that McKee has calculated that in the present political climate, his reelection as a Rhode Island Democrat is effectively a done deal. So he has the political capital to spend to shore up loyalty in an executive branch that he claimed this term by succession rather than election. (Independents such as me are barred from primary voting in Rhode Island, so I've had no say yet.)

Either way, raises for already well compensated state leaders will be an insult to taxpayers.

Friday, August 26, 2022

McMahon debates incumbent insider in DA race

[UPDATE, Sept. 7, 2022.] With 90% reporting, the N.Y. Times lists Quinn prevailing with 65% of the vote to McMahon's 35%. This result is not surprising with a well known, insider incumbent. McMahon's strong showing as an out-of-the-box challenger will, I hope, keep the DA's office mindful of its accountability to the public. And I hope we'll see McMahon again in politics and public service soon.

Shannon McMahon and Thomas Quinn, candidates in the September 6 primary for Bristol County, Mass., district attorney, faced off August 12 in what South Coast Today described as a "bare-knuckles debate," sponsored by Dartmouth media and available on YouTube, below.

McMahon is a former student of my advisership.  I assessed the race in the spring.

Tuesday, July 5, 2022

Kenyan presidential election has Nairobi on edge

UPDATE, Aug. 19: William Ruto won the Kenya presidential election.  Read more at NPR, Aug. 15.

Kenya will vote for a new president next month in a general election laced with ethnic tensions, which has people in Nairobi on edge.

For two five-year terms, incumbent President Uhuru Kenyatta has labored to convince Kenyans that his agenda has generated economic opportunity and quelled corruption. Most of that time he has been effective, at least at the convincing, as evidenced by approval ratings exceeding 70%. But those ratings have occasionally plunged upon allegations that shook the moral high ground.

Perhaps most damning, Kenyatta faced charges in the International Criminal Court alleging complicity in violence, including the burning to death of 28 people inside a church, related to a previous election cycle. In 2014, the court dismissed the indictment for insufficient evidence. Frustrated prosecutors alleged witness tampering and intimidation.

Now Kenyatta is term limited. His exit from power has broader significance because he represents a family dynasty that has maintained control of Kenyan politics since 1963 independence. A rivalry with the Odinga family has lent Kenyatta dominance a gloss of competition, and sometimes a run for its money. But perennial presidential challenger Raila Odinga has never quite made the grade, and the seesawing fortunes of the families come off to more numerous outsiders as oligarchic.

Threads of ethnic tension underlie the contest, too.  The Kenyatta family is part of Kenya's plurality ethnic group, the Kikuyu, a Bantu people constituting about a fifth of the population. Fairly or unfairly, Kenyatta is perceived as having allocated political power to aggrandize Kikuyu hegemony.

But neither of the two leading candidates for the presidency is Kikuyu. One candidate is the familiar Odinga, who hails from the Luo ethnic group, a Nilotic people, like the well known Maasai. Traveling in the Maasai Mara in June, anecdotally, I found people more prone than their Nairobi fellows to view the presidential race through an ethnic prism. Or maybe they were just more willing to say so.

Me with a Maasai mate in June
(C) Alison 2022, licensed exclusively to RJ Peltz-Steele
Though they are longtime rivals, Kenyatta has endorsed Odinga. Further lending support to the feel of oligarchy, the two share a history of occasional accusations of financial improprieties.  Odinga has chosen a Kikuyu running mate with a history similarly suggestive of insider status.

The other contender is the incumbent deputy president, William Ruto. Ruto, who belongs to the Kalenjin ethnic group, also a Nilotic people, was charged in The Hague over election violence, alongside Kenyatta, and saw his charges dismissed likewise in 2016. Ruto also chose a Kikuyu running mate; Martha "Iron Lady" Karua would be the nation's first female deputy president.

That both candidates chose Kikuyu running mates shows the priority of appealing to an ethnic plurality that might fear the loss of long familiar station. Odinga and Ruto have traded the lead in polls, but either way, it is overwhelmingly likely that the highest office in Kenya will, historically, slip out of Kikuyu hands.

With a history of violence following elections—besides the '07-08 turmoil that precipitated ICC investigation, Kenyatta's narrow reelection margin five years ago led to civil unrest and a dramatic court challenge—people in Nairobi are on edge.  I was repeatedly warned to stay away from any assembly that might even morph into a political rally. And I found some city dwellers flatly unwilling to venture out after dark.

All that said, I have to admit, what first caused me to take an interest in the Kenyan presidential election is none of the above. Rather, it was a Ruto billboard that I saw in many places around Nairobi. The billboard boasts the curious tagline, "EVERY HUSTLE MATTERS," or, sometimes, "EVERY HUSTLE COUNTS."

CC BY-NC-SA 4.0 RJ Peltz-Steele

I laughed out loud when I first saw it. I asked a taxi driver what it meant, and he told me matter-of-factly that it meant Ruto promises plenty of jobs, "hustles," for people: important in an economy in which a person might derive income from many and various part-time gigs.

A more trusted Kenyan source later told me, yes, Kenyan English does recognize the negative connotation of the word "hustle." And Ruto did indeed take some heat for his unusual choice of words in an election in which anti-corruption figures prominently.

Maybe in the end, the hustle will work for Ruto. After two terms of Uhuru Kenyatta leadership and a half-century of dynastic family control, Kenya struck me as mired in a state of development ill-befitting its reputation as an East Africa leader and below par relative to neighboring Uganda and Tanzania. Perhaps for voters, it's the economy, stupid.

Thursday, March 24, 2022

Let's laugh at them, not with them: Klobuchar cites serious stats, but occasions levity in Jackson hearing

On day 2 of the Judge Ketanji Brown Jackson hearings, Senator Amy Klobuchar (D-Minn.) borrowed a joke from The Daily Show's Trevor Noah.

Klobuchar remarked on the significance of a woman taking a seat on the U.S. Supreme Court to attain a 5-4 gender balance for the first time.  Of 115 confirmed justices in American history, Klobuchar counted, 110 have been men.  Klobuchar said that she had "reminded" Trevor Noah on The Daily Show of similar statistics relative to service in the U.S. Senate: "Of the nearly 2,000 people who have served, only 58 have been women.  And he responded that if a night club had numbers that bad, they'd shut it down."  Here's the 38-second clip:


It was Noah who actually quoted the Senate statistic from a book, Nevertheless, We Persisted (2018), an anthology for which Klobuchar wrote a foreword and which she touted at the time. Noah followed up, "I've been to gay clubs that have better ratios of men to women."  Klobuchar took the occasion in 2018 to speak against the Brett Kavanaugh nomination, pending at the time.  She put the appearance on Facebook.


Klobuchar appeared on The Daily Show also in 2017 and in 2019, the latter while running for President.  But none of those appearances marks the funniest intersection of Klobuchar and Noah in popular culture.  That honor goes to a 2019 tweet by Noah in which he lampooned Klobuchar for overusing a joke on the campaign trail.

Senators' interrogations of Jackson on Tuesday and Wednesday this week were at times cringeworthy, to use my wife's word.  In particular, the questioning by Senators Ted Cruz (R-Tex.) and Josh Hawley (R-Mo.) were difficult to endure; even National Review Senior Fellow Andrew C. McCarthy, who opposes Jackson's appointment on other grounds, described Hawley's attack as "meritless."  The affair rubs in for me David Brooks's recent lament in The Atlantic on the divide between today's rabid right and the meritorious social value of genuine conservatism.

Both Stephen Colbert and Trevor Noah are off this week, so between the stresses of a contentious Senate hearing and the ongoing war in Ukraine, I am sorely missing my daily doses of escapist levity. Fortunately, The Daily Show's Desi Lydic deposited a dose of satire on the web for us; don't miss it.


Wednesday, March 23, 2022

Shannon McMahon for Bristol County, Mass., DA

[UPDATE, Sept. 7, 2022.] With 90% reporting, the N.Y. Times lists Quinn prevailing with 65% of the vote to McMahon's 35%. This result is not surprising with a well known, insider incumbent. McMahon's strong showing as an out-of-the-box challenger will, I hope, keep the DA's office mindful of its accountability to the public. And I hope we'll see McMahon again in politics and public service soon.

Shannon McMahon is running for Bristol County, Mass., DA (press release) and has my wholehearted support (in my personal capacity*).

Attorney McMahon, a former assistant DA, is a colleague, friend, and former student, an alumna of UMass Law School, where I work.  She was editor-in-chief of the newly constituted UMass Law Review in the early days of the Commonwealth's public law school project, in 2011, when I joined the faculty and served as law review co-adviser.  At the same time, she worked as a bartender and raised two children.  Oh, and she finished law school at the top of her class.

I deeply valued McMahon even then more as colleague than advisee; she was, and no doubt remains, bold in tackling problems head on.  Her penchant for plain-speaking was a breath of fresh air in the stultifying environment of public higher ed, especially in staid Massachusetts.

McMahon has been accused of irreverence; what I see in her is a refusal to defer to the status quo, a flat denial that things must be what they are because that's how they always have been.  No surprise, then, that McMahon has made headlines (e.g., The Public's Radio) for stepping out as the first challenger in 16 years to give voters a choice before the dynastic incumbent DA can walk away with a third four-year term.

"Given the dynamics of the community right now, between the drug crisis and the mental health crisis and issues with the police and the community, people are angry and upset that nothing is being done to help with the people's problems, and I think right now, and it's imperative, that people have a choice," McMahon told the Herald News.

Massachusetts can be unkind to people who are willing to topple the apple cart to effect needed reform.  The state's veneer of progressivism is a thin veil for a social and political culture that demands conformity and doubles down on socioeconomic hierarchy.

For that very reason, McMahon is perfect for the job, and I hope she's only getting started.

You too can donate at McMahon for DA.  Save the date for a March 28 event.

*As always, this blog is a product of my personal creation, even if it sometimes serves also to fulfill my responsibilities as an academic in teaching, service, and research, and as an attorney in the Bar of the District of Columbia.  The Savory Tort is neither affiliated with nor within the editorial control of my employer, the University of Massachusetts Dartmouth.  I produced this posting, "Shannon McMahon for Bristol County, Mass., DA," on personal time and with no public resources.

Rob Steinbuch, law prof, for Arkansas House

UPDATE, June 26: I'm sorry to report that Professor Steinbuch did not prevail in the primary. But wow did he come close with 46.5% of the vote, 1,758 votes to Jon Wickliffe's 2,206. That leaves Wickliffe with some discontented voters to win over, and I'm sure Steinbuch will hold his feet to the fire.

Rob Steinbuch, a law professor and advocate for civil rights and transparency, is running for office, and he has my full-throated support (in my personal capacity*).

A friend, colleague, and co-author, Professor Steinbuch is running to represent Arkansas House District 73, which extends west from the state capital of Little Rock.

Professor Steinbuch has a campaign website that lists his top priorities: "Safety and Security," "Small Government," and "Life, Liberty, & Freedom."  The website is loaded with videos in which Steinbuch talks about a range of issues; three videos tackle transparency and accountability directly.  And there is a blog, in which he has held incumbent officials' feet to the fire.

When I left Arkansas for employment in Massachusetts in 2011, Steinbuch took over, rekindled, and then substantially grew my investment in transparency in the state.  He joined Professor John Watkins and me as co-author of the treatise, The Arkansas Freedom of Information Act, for its sixth edition in 2017.  And with Professor Watkins now retired and my having moved on, Steinbuch has continued the project and secured a publisher going forward.

More importantly, Steinbuch became a fixture at the Arkansas Capitol in the 2010s, testifying relentlessly in the cause of transparency and unofficially advising legislators.  He transformed transparency advocacy from the defensive and reactionary posture, which local media long had maintained, into affirmative advocacy for reform on key issues, such as attorney fee awards for successful record requesters.

Steinbuch's commitment to transparency is among the qualities that make him a superior candidate for public office.  You don't have to agree with Steinbuch on everything—he and I agree on many things, and we disagree, too—but you will never lack for knowing where he stands.  Any day, I would choose consistency and honest integrity for my representation, even in someone with whom I sometimes disagree, over the run-of-the-mill politician who bends to the special interest or politically correct fashion of the day.  Say what you will about Steinbuch, he will never be bought, and he never pulls his punches.

You too can support Steinbuch to prevail over the well moneyed special interests by donating at Steinbuch for Arkansas.

*As always, this blog is a product of my personal creation, even if it sometimes serves also to fulfill my responsibilities as an academic in teaching, service, and research, and as an attorney in the Bar of the District of Columbia.  The Savory Tort is neither affiliated with nor within the editorial control of my employer, the University of Massachusetts Dartmouth.  I produced this posting, "Rob Steinbuch, law prof, for Arkansas House," on personal time and with no public resources.

Saturday, January 22, 2022

Schneider proposes (more) insider trading reform for Congress; background guarantees to outrage

Ever feel like it's harder and harder to pay higher and higher bills, even while the news raves about low unemployment, a rising stock market, and the rich get richer?  Feel like our members of Congress are out of touch and only working to line their own pockets?

Not all paranoia is delusional.  Fuel your outrage with Money, Power, and Radical Honesty: A Look at Members of Congress' Use of Information for Financial Gain, an article published by attorney Spencer K. Schneider, once my teaching and research assistant, in the Pepperdine Journal of Business, Entrepreneurship & The Law in November.  Here is the abstract.

Cleared of wrongdoing due to lack of evidence, Senators Kelley Loeffler and David Perdue continued their bids for re-election, and control of the Senate, in the Georgia run-off. Both Senators Loeffler and Perdue traded stocks in the run-up to the COVID-19 crisis after receiving classified briefings. These are just two of many instances of members of Congress profiting after receiving classified information. While the American public remained uninformed as to the true crisis looming as COVID-19 spread, members of Congress received private briefings and quietly sold securities such as travel and hotel related interests, and purchased other securities, such as remote-work software and medical equipment related interests.

Many members of Congress also profit from federal money earmarked to increase the value of their personal land deals, from access to IPOs, and from corporate board seats. While corporate executives, members of the executive branch, and ordinary citizens are subject to strict insider trading laws, members of Congress sail through loopholes and exceptions that are hand-crafted for their benefit. This article reviews proposals for fixing the problem before proposing a comprehensive solution focused on limiting the financial opportunities for members of Congress and strict reporting requirements.

While many proposals to address this problem exist, none come close to preventing members of Congress from profiting in these often nefarious ways. To ensure that members of Congress work on behalf of the American Public—and not their own pocketbooks—the comprehensive and drastic reform articulated in this article is required.

Spencer K. Schneider
Mr. Schneider worked on a piece of this article when he was still a law student under my tutelage.  I remember being flabbergasted by the background section, and then, in January 2021, thinking that we all should be at the Capitol ramparts, but for different reasons.  What's perhaps most disheartening is that past purported reform efforts in Congress have been devoid of will or insincere in execution. I know that Schneider worked hard on his reform proposal and sought advice from skeptical experts. Whether meaningful reform will precede frustration-fueled revolution in this country is anyone's guess.

The article is Spencer K. Schneider, Money, Power, and Radical Honesty: A Look at Members of Congress' Use of Information for Financial Gain, 14 J. Bus. Entrepreneurship & L. 296 (2021).  Schneider is licensed in Massachusetts and bar pending in his present home state of California.

UPDATE, Jan. 28: Less than a week after I posted this item, The Daily Show with Trevor Noah published a nice exposé on congressional insider trading, incorporating some of the same data that fueled Schneider's article and my ire:

Monday, January 17, 2022

With DeJoy still at helm, U.S. Postal Service seems determined to demonstrate its own inutility

It looks like the U.S. Post Office is catching up on a backlog—and maybe trying to annihilate itself.

At home in Rhode Island, I was surprised this week when my cousin in Denver messaged me to report receipt of his birthday card from August.  Then my mother in Baltimore emailed to report receipt of a Halloween greeting from my daughter in Atlanta, as well as a Valentine's Day card—from February 2020.

Media reported this week that a Massachusetts widow just received the letter her husband had written to his mother from World War II Germany in 1945.  (NPR, WUSA 9.)

I was frustrated in recent weeks with inability to send a Christmas gift to a friend in New Zealand, given the Post Office's suspension of service to there, Australia, and elsewhere (furious reaction).  As if it's not already sufficiently outrageous that it costs $25 to $40 to send a small box.  The USPS blamed the suspension on covid-related shipping cancellations. 

I could be mistaken—I can't confirm this—but I thought that some years ago, the USPS eschewed ground shipping for all international mail (save hazards, animals, and the like), preserving only priority air.  No-hurry ground vanished, and rates spiked to their present levels.  So how can it be that shipping cancellations have caused service suspensions?

Planet Money recently tried to explain how Amazon manages "free shipping" thanks to scale.  I was utterly unconvinced.  No matter how much cost savings is realized by volume, negotiation, and incorporation into price, I find ordinary commodities such as my daily vitamins still cheaper on Amazon than my local big-box retailer, which should have some of those advantages, too.  Anyway, no one paid $40 to ship my $10 product in a bigger-than-medium box.  I smell corporate subsidies....

Meanwhile in Washington, D.C., Louis DeJoy persists in office as Postmaster General.  Supposedly making the Post Office run in the American market tradition seems to mean disregarding the needs of people in favor of the profit margins of corporations, if not diverting public revenues to pad the latter.

I have come to suspect that DeJoy's whole undertaking is to turn the Post Office into such a parody of itself that Americans, in their outrage, abolish the institution.  Corporations, in the sparse numbers to which our antitrust regulation seems blind, will be left to occupy the field and fix prices that effectively kill off the nuisance of personal correspondence for good.  Transportation channels will be left to commerce and commerce above all else.

I guess that is the American way.

Saturday, May 8, 2021

Remembering journalist Paul Greenberg, 1937-2021

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In April, our world lost a great American writer: Paul Greenberg died at age 84.

Long a nationally syndicated columnist writing from "small town" Arkansas, Greenberg won the Pulitzer Prize in 1969 for editorials on civil rights.  In D.C. Beltway circles, he is maybe best known for having given Bill Clinton the moniker "Slick Willie."  But Greenberg was no dogmatic partisan.  He described himself aptly as an "ideologically unreliable conservative."

Greenberg's politics were difficult to pin down, because he resisted labels and simply called the world as he saw it.  His parents immigrated from eastern Europe early in the 20th century, and their experience infused his morality and writing with a libertarian savor.  The same 20th-century-immigrant experience forged me, so I identify with the motivation.  An embrace of liberal immigration policy alongside a relentless insistence on conservative work ethic strikes some in America as a vulgar inconsistency, but, to me, strikes a sonorous chord.

Notwithstanding his famous wariness of Clinton politics, Greenberg was so much more than a political pundit.  A Jew from Shreveport, Louisiana (near my wife's home town), growing up during and after World War II, he was stocked with ample source material to inform comment on the American condition from a peculiar perch of simultaneous detachment and investment.  His writing exuded cultural fluency, from ancient wisdom to contemporary "fadtalk," as he termed it.  A Greenberg column could invoke the prophet Isaiah, philosopher Foucault, and Leonardo the mutant ninja turtle in one incisive analysis and scarce recognition of any juxtaposition.  Greenberg lionized early 20th-century editorialist William Allen White, whom he credited as having said, "A great editorial is one that says something everybody knows but nobody has said before."

A writer's writer, Greenberg wrote thoughtfully and lovingly, but always with profound humility, about the craft of editorializing.  In a column on the legacy of H.L. Mencken, Greenberg wrote of writing:

The first steps in the writing process may be painful as one watches what seemed a great idea fail the test of words, or turn into something entirely different.  But it is satisfying to watch something of form and substance emerge from the inchoate mass.  When it's well done, the writer feels like a sculptor chiseling away deftly at a block of stone.  If done poorly day after day, stroke after stroke, the effect on both writer and reader is more like that of the Chinese water torture.

Library of Congress Gottscho-Schleisner Collection (1950)
Greenberg lamented the gradual disintegration of journalism in the late 20th century and, as a student of Marshall McLuhan, fretted irascibly about the corrosive effects of ephemeral television.  He railed against the anti-intellectual condescension of the bullet point.  He wrote columns to a thousand-plus-word length that felt cordially readable, though a blog adviser today would animadvert as excessive.  (You're 450 words into this blog now; am I not tiresome?)  He insisted, "I remain convinced that anyone will read an editorial if it's irresistibly written."

I knew Paul Greenberg only by reputation and a degree of separation.  To me, mostly, he was a visage of halftone dots gazing into the world from the top of a broadsheet.  Greenberg's son, Dan, is a friend of mine, and a lawyer with whom I've been privileged to collaborate on many projects over the years.  Dan is possessed of obstinate integrity, humble yet profuse intellect, and earnest devotion to family.  So I always have appraised him as an apple that fell close to the tree.

When the news came that Paul Greenberg had died, I had a yearning to read more of his work, especially work that was not tied to the messy milieu of politics.  So I borrowed from the library a 1992 collection aptly titled, Entirely Personal.  The book compiled some of Greenberg's more intimate writings in chapters such as "family," "religion," "the writer," and "the small town."  These works predated my familiarity with Greenberg, so they were all new to me.  They were a treasure to unwrap.

I asked for, and Dan gave me, permission to share one his father's works from the book.  I had trouble choosing which.  I've read Entirely Personal twice now, and I've been struck time and again by how prescient the writings were, and how salient they remain.  There are superficial tells of their place in time—Ronald Reagan, Russians in Afghanistan, and appointment TV—yet, from these circumstances, Greenberg derived timeless observations that are equally meaningful in a world of Donald Trump, Americans in Afghanistan, and mass media overload.  There are surprisingly poignant pieces on family that speak eternal truths.  But, at this time of loss, they make me sad and seem intrusive—too personal. 

I was captivated especially by Greenberg's chapter on religion.  In the introduction, he recounted, "Someone once asked me how much of my writing was influenced by my being Jewish.  The immediate, spontaneous response that formed in my mind was: 'Every word, including and and the.'"  Besides his Jewish heritage and parents' immigrant experience, Greenberg grew up contemporaneously with the Holocaust.  Consistently with his proclivity for self-definition, his views were shaped invariably by witness.  He was, at once, spiritually conscious in his personal life and fervidly committed to the exclusion of religion from public life.

Thus, though it might be an unconventional choice, I found my favorite writing in the book in a column imitative in style.  In 1990, the Supreme Court issued a pair of key decisions on the religion clauses of the First Amendment.  In a case on the Establishment Clause, the Court permitted a Christian student club to meet in a public school over the objection of the school board.  One might expect a "conservative" and staunch advocate for the freedom of religion to applaud the decision.  To the contrary, Greenberg saw the decision as a threat to religion, specifically, to the freedom of church from state, an underlying theory of the Anti-Establishment Clause.  With devilish ingenuity, he wrote a cheeky retort as an addendum to The Screwtape Letters.

In memory of Paul Greenberg, great American writer, here is, "Letter from Below (With Apologies to C.S. Lewis)," published in June of 1990, and reprinted in Entirely Personal in 1992.  I'm not certain I agree entirely with Greenberg's absolutist stance on separationism.  But I understand and deeply appreciate the reckoning of his conviction.  Just as importantly, and characteristically, his witty observations speak also generally, and still today saliently, to the danger of majoritarian usurpation of individual self-determination.

Please note that this republication is made possible by special permission of Dan Greenberg.  The work is copyrighted by Paul Greenberg and is not covered by the Creative Commons license to this blog.

Enjoy.


Letter from Below

(With Apologies to C.S. Lewis)

June 4, 1990

My dear Wormwood,

The best of news. On the first anniversary of another of our great victories, the one in Tiananmen Square, your affectionate uncle happened to be glancing through the public prints, which are second only to television in promoting our cause, when my eye fell on the latest decision of the U.S. Supreme Court concerning church and state, both of which have been our province from time to time. It seems the distinguished justices have been busying themselves blurring the distinction between the two—a work that would be most dear to my heart if I had one.

This time the justices aren't deciding just when a religious symbol has become sufficiently irreligious to be displayed on public property (may they never tire of such work!) but rather how to make religion an extracurricular activity, which of course is what it should have been all along. What better way to keep it from being essential?

It shouldn't be long before the happy impression spreads that religion requires the support of the state, or at least the occasional use of a classroom. It's a start. Experience has shown that the more official a creed, the less appealing. See the paltry interest in the established churches of Western Europe. Or note the disaster that has befallen that most established of pseudo-religions, Communism, in the eastern part of the continent. It's enough to make you weep. 

I loved Sandra Day O'Connor's formulation for the majority of the court: "A school that permits a student-initiated and student-led religious club to meet after school, just as it permits any other student group to do, does not convey a message of state approval or endorsement of the particular religion." Do you think she has any inkling of what it does convey—namely, state approval of religion in general? And a state that can approve religion can disapprove it, too. Indeed, I think approval is much the more effective way to stifle the thing.

Religion-in-general, my dear Wormwood, is our great ally. It should be encouraged at every turn. I can just see the kiddies sitting around homeroom now, deciding which after-school clubs to join. ("I just can't make a choice, can you, Rebecca Jo? Chess, scuba diving or religion, they all sound like fun. Maybe I'll take religion. They say it improves your communications skills. ") It shouldn't be long before faith is treated as a nice, constructive after-school activity.

Religion, the real thing, can't be practiced in general—any more than language can be spoken in general. You have to choose a specific one. Religion-in-general has all the moral authority and emotional impact of Esperanto. Our mission is to replace belief with some safe, state-approved substitute. Once we extend a veneer of religiosity over the schools, the genuine article can be expected to fade away. Better to have the little suckers pray in school than in church or, even more dangerous, at home. Civil religion, that's the ticket, my dear nephew.

John Paul Stevens may represent something of a problem. Thank hell, he was the only dissenter from this lovely little ruling. Only he recognized that it comes "perilously close to an outright command to allow organized prayer … on school premises." Do you think he's on to our game, namely more and more organization, less and less personal prayer? We have to reduce prayer to something else—an extra-curricular activity, another government benefit, an opening ceremony, a public convenience … anything but an intimate experience. That's when it's dangerous.

Only when prayer and Bible study are officially recognized as wholesome activities conducive to better grades and order in the halls will we have defanged the saving thing. The trick is to make it an instrument—a technique, an extra-curricular activity, never a state of being, or all our subjects will be left open to the Enemy. We'll know we're succeeding when school Prayer Clubs start having their own letter jackets. What a great day it'll be when we make religion utterly dependent on peer pressure.

Justice O'Connor says a school can still ban disruptive groups. That's precisely the kind of prayer we want to encourage, Wormwood, the kind that doesn't disrupt anything, especially not our stock in trade: ordinary, routinely accepted, unnoticeable evil. Real prayer can be a powerfully disruptive influence. It can revolutionize the most stable society; never forget what befell poor Nineveh when its people unaccountably listened to that Jonah person against all reason. Yet prayer can also be the one thing that holds people together when everything else has collapsed around them. Perverse, unpredictable thing, prayer. It needs to be put in the care of the proper authorities, namely the state.

Isn't the name of the law that the court upheld perfect? The Equal Access Act of 1984. I love it. The great problem with the First Amendment, which so long has stood in our way, is precisely that it does not provide equal access to religion. Government is explicitly barred from passing any law having to do with its establishment. Religion is set apart, as if it were something holy. Government is told not to touch it or even come close to it. This is intolerable, Wormwood. Only by bringing religion under the state's authority, by rendering unto Caesar what isn't his, can we blur the essence of religion, which is the separation of the holy and the profane. This decision should help.

The great challenge facing religion is not equal access to the world but how to retain enough integrity to stay distinguishable from the world. My fellow demon Glittercut did a good night's work when he invented Success Theology. Our job, my young protege, is to make religion indistinguishable from the world, one more extra-curricular activity. The last temptation—mastery of the powers and principalities—is still the most effective. As the world giveth, so give we.

What we've got to do is get people thinking of religion as something educational, beneficial, a means to some greater social end, an institution wholly worthy of a little government support—a tuition grant here and there, or a place to meet in the schools. We've got to get it on the dole. That way it won't go off on its own with unpredictable results. It needs to be woven smoothly into the social fabric so it can be corrupted with everything else. Left alone, there's no telling where it may spread. The Enemy can be dangerous when left to His own strange devices. Be warned, young demon, He is never stronger than when He appears weak in the eyes of the world.

Have you noticed the enthusiasm this ruling has kindled among many of the faithful? It's an inspiring sight. They've been handed a stone and think it's bread. Delicious.

That's about all the news from down under. I'm still vying with my old rival Gallclaws for the next GS-16 rating in the bureaucracy. The competition here is, of course, hellish. But news like this cheers me.

Your affectionate uncle,

Screwtape

© 1992 Paul Greenberg


Read more from Paul Greenberg at Jewish World Review, in one of his books, or in your preferred news archive.  The Greenberg family plans to archive his papers.