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Should your boss track you online?

As hybrid work becomes more common, some companies are turning toward surveillance systems — such as software that can track a user's keyboard activity, or programs that share photos from a user's webcam — to keep track of off-site employees.



  • Radio/Cross Country Checkup

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Is Canada ready to accept over 1 million new immigrants in the next 3 years?

Canada intends to significantly boost immigration over the next three years to secure its economic prosperity as industries stare down a large labour shortage. The plan also calls for more immigrants to be accepted based on their works skills.



  • Radio/Cross Country Checkup

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What impact is debt having on your life?

Inflation and Interest rate hikes are making digital wallets a lot lighter, with personal and business bankruptcies way up.



  • Radio/Cross Country Checkup

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What impact is the surge in hospitals having on your life?

A swell of COVID-19, flu and respiratory syncytial virus (RSV) has Canada's hospital system overloaded with patients, specifically young people. What should be done about it?



  • Radio/Cross Country Checkup

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Stevie Ray Vaughan and Double Trouble - Texas Flood – Legacy Edition

Vaughan’s retooling of the blues made it relevant to a new generation.




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Aquarium - Places

Assured and sophisticated acoustic jazz with deep roots in the tradition.




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Atoms for Peace - Amok

Radiohead frontman remains instantly recognisable despite electronic disguise.




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Space Dimension Controller - Welcome to Mikrosector-50

A stars-bound journey away from the drudgery of everyday ordinariness.




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Dels - Black Salad

Ipswich rapper offers much more than a simple stopgap release.




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The Underachievers - Indigoism

Breaking out of the new New York, a young rap pair of palpable promise.




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Sachin-Jigar - Tere Naal Love Ho Gaya

The composer pair’s love songs well complement the frothy rom-com in question.




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Cliff Martinez - Drive: Original Motion Picture Soundtrack

An impeccably-crafted soundscape that hints at quiet violence and unresolved tensions.




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HEALTH - Max Payne 3: The Official Soundtrack

Balances intensity and introspection well, befitting the game’s conflicted protagonist.




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Seth MacFarlane - Music Is Better Than Words

An unexpected but endearing valentine to the 1940s and 50s.




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Claude-Michel Schönberg - Les Misérables: Highlights from the Motion Picture Soundtrack

A partial victory, and one buoyed by some outstanding surprise turns.




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Manufacturers shore up finances ahead of Budget

In a sign of improved confidence in the manufacturing sector, the latest data on personal guarantee backed business loans to smaller manufacturers shows a dramatic rise in applications for finance in Q3 2024.




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Manufacturing & Logistics IT - October 2024 edition

This issue features a Special Technology Report looking in depth at the latest developments in the world of Printing and Labelling solutions.

Also included is a ‘Cover Story’: Gartner explains that by 2026, 30% of enterprises will automate more than half of their network activities, an increase from under 10% in mid-2023.




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Half of Christmas gift shoppers not influenced by Black Friday and Cyber Monday sales

As retailers accelerate into the ‘golden quarter’ new YouGov research finds nearly half of consumers (48%) that buy Christmas gifts say they are not influenced by Black Friday, Cyber Monday or any other last-minute deals.




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Sagard NewGen acquires FuturMaster

Sagard NewGen has acquired FuturMaster, a Software-as-a-Service (SaaS) provider of Supply Chain Planning and Revenue Growth Management solutions, from its founder and Cathay Capital.




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CONTACT Open World: Technology leaders showcase best practices for digital transformation

Numerous new developments in CONTACT’s Elements platform and innovative digitalisation strategies will take centre stage at this year’s Open World.




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UK manufacturing poised for post-Budget rebound, says RSM UK

Commenting on the latest CIPS UK Manufacturing Purchasing Managers’ Index which has decreased to 49.9 from 51.5, Mike Thornton, national head of manufacturing at RSM UK, said: “The manufacturing PMI dipped in October, falling below 50 for the first time in six months.




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A new approach to online fulfilment order picking

New thinking in online fulfilment order picking that combines long established warehouse ‘wave’ picking techniques with state-of-the-art sorting robots is delivering eye-catching improvements in picking rates, says Frazer Watson, Global Vice President of Rainbow Dynamics.




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Made Smarter powers SME manufacturers to invest £25m in technology

Made Smarter, the movement accelerating the digital transformation of SME manufacturers, recently reached a major milestone - backing North West companies to invest £25m in new technologies.




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The convenience factor: Why social selling is crucial for the future of retail

By Georgia Leybourne, Chief Marketing Officer, Linnworks.

Success in ecommerce and retail today hinges on consumer convenience. It is fast becoming a powerful tool in the e-commerce industry, transforming the way businesses engage with their customers and increasing sales through social commerce.




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'Taking revenge on society': Deadly car attack sparks questions in China




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Aides Say Memo Backed Coercion for Qaeda Cases

The document by the Justice Department helped provide an after-the-fact rationale for harsh procedures used by C.I.A. on high-level leaders of Al Qaeda.




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Sentencing Decision's Reach Is Far and Wide

The Supreme Court's decision on Thursday requiring sentencing factors to be proved beyond a reasonable doubt will create a surge in challenged sentences.




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Surprise Hit in Hollywood: The Action-Figure Governor

In barely eight months, Arnold Schwarzenegger has defied the naysayers and found an elixir more potent than Botox for an aging action star: political success.




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Kansas City Chiefs' Harrison Butker attacked LGBTQ rights and said women grads were excited about marriage and kids. Here’s what social media said.




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A cheaper weight loss drug, more heat-related deaths and new restrictions on tobacco sales: Here's what happened in health this week




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Do Black Lives Matter to Major Corporations?

The summer of Black Lives Matter protests responding to the police killings of George Floyd, Breonna Taylor and Rayshard Brooks, among others, has led to stunning commitments from major banks and corporations to commit to social justice and promoting practices to recruit, hire and retain underrepresented populations, including black Americans, Latinx and female colleagues.  American Express just announced its pledge to invest $1 Billion to advance racial and gender equity.  JP Morgan Chase in October announced a $30 Billion commitment to advance racial equity.  Similarly, Citi and Bank of America have each pledged $1 Billion to promote economic mobility among communities of color.  Goldman Sachs, famously referred to as a vampire squid during the mortgage crisis in 2008, has announced its "Launch With Goldman Sachs" program "to increase capital and facilitate connections for women, Black, Latinx and other diverse entrepreneurs and investors."  These commitments represent huge infusions of capital into causes that these major corporations have just recently found religion upon.  Numerous corporations have made recent pledges to financially support social justice and economic equality including Google, Disney, Facebook, Amazon,  Cisco, DoorDash, Etsy, Home Depot, Intel, TikTok, Lego, Nike, Proctor & Gamble, Fashion Nova, WeWork, and YouTube, among so many others.


Jamie Dimon, CEO of JP Morgan Chase stated in announcing its $30 billion-over-five-year commitment, that “[s]ystemic racism is a tragic part of America’s history. . . . We can do more and do better to break down systems that have propagated racism and widespread economic inequality, especially for Black and Latinx people. It’s long past time that society addresses racial inequities in a more tangible, meaningful way.”

For those long-time followers of the Corporate Justice Blog, these corporate pronouncements may seem ironic or perhaps will be received with trepidation or doubt.  Profit maximization has for years furiously driven corporate leadership to dizzying examples of fraud, corruption, and malfeasance as recorded on these blog pages for years.  Still, these Billion dollar commitments respond to a summer of true discontent and protest over inequality and the value of black lives, and if these corporations are to be taken seriously, these capital infusions could come as true gamechangers.  Will these corporations truly put their money where their commitments are?  And how do we hold these companies accountable to their commitments to advancing racial equality and economic mobility for those communities previously shut out?  



photo: Jamie Dimon, Wikimedia Commons

hat tip: Jessica Smith, 3L, Arkansas Little Rock Bowen School of Law




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The Political Economy of Inequality, Democracy & Oligarchy - Panel Presentation - November 13, 2020

The Law and Political Economy Project at Yale Law School is hosting the following panel:

The Political Economy of Inequality, Democracy & Oligarchy, on Friday, November 13, 2020 at 5:00 pm eastern time.

This panel discussion will focus upon the erosion of democratic institutions and the rise of oligarchy that has followed in the wake of unprecedented economic inequality. The panel will address elite efforts to entrench themselves politically as well as economically, including the consequences of such efforts in terms of human development. The panel will focus upon the specific context of election 2020 and the uncertainty it is creating. The subversion of democracy and the law governing our democracy naturally holds many costs, and each panelist will address such costs. Each panelist will also seek to articulate some mechanism for a path forward.  Register here

PANELISTS:

Emma Coleman Jordan, Georgetown Law Center

andré douglas pond cummings, Univ. of Arkansas at Little Rock William H. Bowen School of Law

Atiba Ellis, Marquette University Law School

Steven Ramirez, Loyola University of Chicago School of Law

Gerald Torres, Yale Law School





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Systemic Racism in the Home Mortgage Context: We Don't Have Time to Notice


In 2020, pivotal events ushered in a season of antiracism rhetoric in the U.S. The brutal deaths of unarmed black Americans at the hands of police officers and white vigilantes, and the disproportionately harsh impact of COVID-19 in the black American community, launched the nation into a discussion about systemic racism. Unfortunately, it seems likely that the 2020 antiracism discourse was merely seasonal rather than enduring, and unlikely to result in meaningful change. 


Black American’s vulnerability in the face of systemic racism is not limited to death, sickness and injury as a result of COVID-19 or antiblack bias in police departments. Our vulnerability is precipitated by things like lack of access to nonpredatory financial services. This is just one of the contexts that compromise black Americans’ economic survival. Unacknowledged systemic racism destroys the wealth and wellbeing of black individuals, families and communities, sometimes causing working and middle-class black Americans to plummet into poverty. As 2020 comes to a close, an election that threatened democracy in the U.S. and the existential threats of an uncontrolled pandemic, eclipse a system of intentional antiblack racism on the part of the financial institutions that engaged in predatory mortgage lending in the years leading up to and beyond the 2008 recession. It is now well documented that lenders, brokers, and mortgage servicers engaged in conduct that was fraudulent and misleading. The mortgage market charged excessively high rates and fees, engaged in high-pressure sales tactics, imposed unnecessarily harsh prepayment penalties, and distorted loan structures to avoid the application of consumer protection statutes.  But, more than a decade later, many black Americans are still fighting to prevent financial institutions from taking away their homes. 


In a book I coauthored with Dr. Janis Sarra, a law professor at the University of British Columbia, Predatory Lending and the Destruction of the African American Dream (Cambridge University Press, 2020), we describe new iterations of predation that continue to target black consumers years after financial institutions settled litigation that alleged pervasive fraud on their part for steering black Americans into predatory subprime loans. But these renovated predatory practices are obscured by the nation’s focus on COVID-19 and a vitriolic election season. Meanwhile, more black Americans will lose their homes even after investing all or most of their wealth in attempts to keep them. This reality requires the calls for moratoriums on mortgage foreclosures to be answered in the affirmative.





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MAGA'S CRAVEN WAR ON DEMOCRACY & VIOLENT EMBRACE OF INSURRECTION

 

Eyewitness accounts regarding the events of January 6, 2021 give us the most reliable version of what happened that dark day. Particularly those eyewitnesses from the Republican Party who do not seek partisan advantage. For example:

"What happened here today was an insurrection incited by the President of the United States."

Republican Senator & former Presidential Nominee Mitt Romney, Jan. 6, 2021. 

"Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump. His use of the presidency to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice."

Former Trump Defense Secretary and Marine Corps General James Mattis, Jan. 6, 2021.

"The mob was fed lies. They were provoked by the president and other powerful people. And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like."

GOP Senate Majority Leader Mitch McConnell, Jan. 19, 2021

"Today was a dark day in the history of the United States Capitol… We condemn the violence that took place here in the strongest possible terms… To those who wreaked havoc in our Capitol today, you did not win. Violence never wins. Freedom wins."

Trump Vice-President Mike Pence, January 6, 2021.

"These men and women in the uniform, they got overrun. One officer got killed…they got broken arms. You don’t understand what was transpiring at that moment and that time. . . . People brought ropes. . .[T]hey were well planned for it. They scaled walls. . . . They, they overtook the place.”

"Let me be clear: Last week’s violent attack on the Capitol was undemocratic, un-American and criminal…And make no mistake: Those who are responsible for Wednesday’s chaos will be brought to justice…The president bears responsibility for Wednesday’s attack on Congress by mob rioters."

GOP House Speaker Kevin McCarthy, Jan. 13, 2021 

"Today, the people's House was attacked, which is an attack on the Republic itself. There is no excuse for it. A women died. And people need to go to jail. And the President should never have spun up certain Americans to believe something that simply cannot be."

GOP Rep. Chip Roy, Jan. 6, 2021.

WOW!  The US Capitol became a combat zone on January 6.

The legal upshot of the above is Trump and his cultists levied war against the US in violation of 18 USC section 2381! They engaged in an insurrection in violation 18 USC section 2383!

These provisions carry severe criminal sanctions and section 2383 prohibits insurrectionists from ever holding federal office again. Trump also disqualified himself from federal office under the Fourteenth Amendment, section 3. As painful as it may be, the Biden Administration has little choice but to fully investigate these potential violations of law immediately. Donald Trump in particular must face swift justice. .

In his unending fantasy and lies of victory, President Donald Trump unleashed a violent coup on our democracy, our constitutional republic and ultimately our freedom in the lawless pursuit of autocracy, dictatorship, and dimwitted megalomania. 

This directly aided and abetted the ongoing efforts of Vladimir Putin to use Russian New Generation Warfare (RNGW) to weaken, undermine, subvert, and diminish the power of the USA to defend itself and its interests and allies across the world. As Lt. General H.R. McMaster explains RNGW aims to weaken the US and other democratic societies through the sustained use of misinformation. They seek to “disrupt, divide and weaken” American democracy. Yet, again the Trumpists continue to toss the nation and its people into bloody pitched battle with each other while doing the bidding of Putin.



Addendum:

"[T]here can be no soft-pedaling what happened and no absolution for those who planned, encouraged and aided the attempt to overthrow our democracy, Love of country demands nothing less. That’s true patriotism.” 

Karl Rove, writing in the Wall Street Journal, Former Republican Political Operative, January, 6, 2022.

"The importance of January 6th as an historic event cannot be overstated. I was honored and proud to join my daughter on the House floor to recognize this anniversary, to commend the heroic actions of law enforcement that day, and to reaffirm our dedication to the Constitution.  I am deeply disappointed at the failure of many members of my party to recognize the grave nature of the January 6 attacks and the ongoing threat to our nation.”

Former Republican Vice President Dick Cheney, January 6, 2022. 

January 6th, 2021 was a dark day for Congress and our country. The United States Capitol, the seat of the first branch of our federal government, was stormed by criminals who brutalized police officers and used force to try to stop Congress from doing its job. This disgraceful scene was antithetical to the rule of law. One year later, I am as grateful as ever for the brave men and women of the U.S. Capitol Police who served our institution bravely that day and every day since. I continue to support justice for those who broke the law.

GOP Senate Minority Leader Mitch McConnell, January 6, 2022. 

On the first anniversary of January 6, GOP Senator Ted Cruz and Trump-appointed FBI Director Christopher Wray called the violence "a violent terrorist attack on the Capitol" and "domestic terrorism," respectively.





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Count the Black Lawyers

I was an associate at Paul Weiss Rifkind Wharton & Garrison from 1988 until 1991. These almost three years were impactful even though my time there was brief. To say that I learned a great deal is an understatement. My work at the firm took me to places like Gracie Mansion, and to Hollywood for several weeks to perform due diligence for a music publishing company. My time there was further evidence of my African American family’s dramatic upward mobility in just six generations. My maternal grandmother was the granddaughter of enslaved African Americans. She worked as a maid and cook before she went back to school. With a sixth-grade education, she passed the New York State licensing exam for cosmetology. She opened a successful hair salon, and she and my grandfather sent my mom to Hunter College. My mother retired decades ago from a successful career as a scientist and school administrator. And when I went to Paul Weiss, I was making more money than anyone in my immediate and extended family had ever made.

There were about 400 lawyers at the firm’s New York office during the years I was there. Only six of those lawyers (associates) were Black/African American. None of the approximately 80 partners were Black.  My time at Paul Weiss was brief because my plan was to become a law professor. But while I was at the firm, I was supported and mentored. That is why I was surprised to see a 2018 LinkedIn photo of the firm’s new partners in which almost all were white and male. None were Black.

Happily, much has changed in the years since I was associated with the firm, and even in the almost three years after the LinkedIn photo. I attended the firm’s webinar (The Biden Administration:  What’s Next for Businesses) on March 3rd, 2021. Two of the firm’s (Black) litigation partners were on the panel– Loretta Lynch, former U.S. Attorney, and Jeh Johnson, Former Secretary of Homeland Security. After the webinar I went to the firm’s website that reported the following: “27% of our attorneys self-identify as racially diverse compared to the 20% Big Law average” and “Racially diverse partners are 13% of the equity partnership, compared to the 8% national average”. 

After seeing this website report, I was left wondering how many of these “racially diverse” individuals are Black. Paul Weiss played such a significant role in the upward trajectory of my African American family. And Paul Weiss issued a statement in the aftermath of George Floyd’s death. But its racial diversity disclosure had only a fraction of the precision that has made the firm a giant in the legal profession. Law firms can address antiblack racism, if they choose to do so, only if they confront the problem and its impact on the success of Black lawyers. Firms can’t do this if they fail to consider that Black lawyers face issues that are saliently different from those endured by white women, and indigenous, Asian and Latinx individuals. Firms can make their disclosure on these issues more meaningful by counting the Black lawyers. If the numbers are not good (on retention, percentages of partners), it’s time for the firm to engage in some meaningful introspection.

Oh, and one more small, but important point. People of color bring racial diversity to an organization. White people bring racial diversity to an organization. But to say that an individual (a partner, for example) is “racially diverse” is the kind of inaccurate, imprecise language that clouds discussions about difficult issues like antiblack racism. 




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Corporations Become Unlikely Financiers of Racial Equity

Corporate giving has exploded since the racial reckoning in summer 2020 brought on by the police killings of George Floyd and Breonna Taylor.  Corporation donations have far outpaced donations from foundations and individual philanthropists since the summer of Black Lives Matter protests, per the philanthropy research organization Candid.  "Companies donated or pledged about $8.2 billion of the $12 billion in total contributions earmarked for racial equity--the 'first time direct corporate giving to racial equity cases has reached this magnitude'--said Andrew Grabois, Candid's corporate philanthropy manager."

Some of the most significant corporate commitments have come from JPMorgan Chase, Microsoft, AMEX, Bank of America, PayPal, Salesforce and Chase.  These large corporate commitments do not account for the other minority-focused investments, such as JP Morgan's initiative to lend more openly to minority owned businesses and black and brown home purchasers.  The corporate giving trend is fueled by changing expectations of younger employees and progressive consumers that expect corporations to become serious about corporate responsibilities to social issues and causes.  Advocates argue that these corporate commitments will not be enough to achieve racial equity in housing, employment and policing, but acknowledge that if these corporations are serious about their commitments, that it can mark an important start.  "'The world is changing, and the expectations of how companies engage are changing,' said Brandee McHale, Citi’s head of community investing and development."

ABC News reports that "[s]ince late May, Grabois said, financial commitments by companies to racial equity causes have grown 'exponentially larger' than any other cause other than COVID-19. A report by McKinsey & Company, which tracked corporate responses from May to October, found that of the top 1,000 U.S. companies, 18% made internal commitments, like diversifying their hiring, and 22% pledged to promote racial equity through donations or other means."

Whether corporate giving to racial equity causes results in systemic change and reform remains to be seen.  Holding corporations to their commitments will likely be an important undertaking.


photo courtesy of wikimedia commons





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Race and Policing in America - St. Thomas University Law Review Symposium

 


All times are Eastern.  

To register and attend by Zoom for free, click here.




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Tulsa Race Massacre Centennial Symposium

The Tulsa Law Review will host a special symposium issue of the law review as part of a commemoration of the 1921 Tulsa Race Massacre with a one-day live/hybrid event on May 21 and publication of the papers in September 2021.

During the Tulsa Race Massacre, which occurred May 31–June 1, 1921, a white mob attacked residents, homes and businesses in the predominantly Black Greenwood district of Tulsa, Oklahoma. The event remains one of the worst incidents of racial violence in U.S. history and one of the least-known; news reports were largely squelched, despite the fact that hundreds of people were believed to have been killed and thousands left homeless.

May 21 @ 9:00 am - 5:00 pm

Virtual Event Free: Register Here


This one-day conference will feature the work of law professors, artists, poets, Black Wall Street business owners and historians.

Suzette Malveaux, provost professor of civil rights law at the University of Colorado School of Law, will provide the keynote address. For six years, Malveaux served as pro bono counsel to the plaintiffs in Alexander v. State of Oklahoma, a suit filed against Tulsa by victims of the 1921 Tulsa Race Massacre. As part of a team of attorneys, she represented the victims before the federal courts, the Inter-American Commission on Human Rights (Organization of American States) and the U.S. House of Representatives.

Other featured law professors will include Keeva Terry of Howard University School of Law; andre cummings of the Bowen School of Law at the University of Arkansas at Little Rock; Amos Jones, executive director of the African American Trust for Historic Preservation; Angela Addae of the University of Oregon School of Law; and many others. Confirmed participants include Dwight Eaton, a descendant and owner of Black Wall Street Liquid Lounge; TU Professor Kristen Oertel, who will present a talk titled Black Indians, Red Dirt: A Brief History of African Americans in Indian and Oklahoma Territories, 1840–1907; and Professor DeWayne Dickens, who will present a talk titled Learning from Greenwood: When Voices Are Silenced.





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The Supreme Court, Jack Smith, and the Death of the Rule of Law II

  

Today, the United States Supreme Court obliterated the Fourteenth Amendment, section 3, in Trump v. Anderson. The language of this section appears simple enough:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Court held that: "the Constitution makes Congress, rather than the States, responsible for enforcing Section 3." More specifically, the Court held that only Congress may enforce the disqualification of section 3 and that states could only enforce the provision against state candidates for office and state officeholders. Otherwise the nation would face a risk of a patchwork of state outcomes. This, despite the fact that in 1868, shortly after the provision became law, the Governor of the State of Georgia disqualified a federal candidate for office. (See fn 3).

Further, if "only" Congress holds power to enforce section 3 then why did the drafters of the Amendment just insert an "only" in the section granting Congress power. The Court needs that "only" and it simply does not exist. Rather than apply the plain meaning the Court instead pretends there is an only when there is no such word. Section 5 plainly states: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The Court did violence to the statute to protect Donald Trump.

Former Fourth Circuit Judge J. Michael Luttig, a prominent conservative jurist explains:


The Supreme Court did leave one last avenue for accountability under law that the Biden Administration or DOJ Special Counsel Jack Smith could use to disqualify Trump. 18 U.S.C. section 2383 provides:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

The Court cited this section with approval. It would provide a uniform federal solution. And, it arises from an exercise of Congressional power. Even this Court (which works overtime to protect Trump) would uphold such an action. 

Why did Jack Smith (or Attorney General Merrick Garland before him) fail to use this section against the obvious insurrectionist Donald Trump? Or, alternatively, why not bring such an action tomorrow morning? Colorado would provide a form indictment and a trial map, complete with comprehensive evidence?

So, the Court today shifted the spotlight to DOJ with today's SCOTUS ruling. Agreement or disagreement with the Court's opinion no longer matters. Many excellent arguments support the use of section 3 in precisely the manner of Colorado. All moot.

Why did DOJ fail (and continue to fail) to seek disqualification through a criminal action a criminal action? 

The most disturbing and vivid reality of all of this: law failed to hold Trump to account as an oath breaking insurrectionist despite many available pathways.

 

 




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NEW LAW REVIEW ARTICLE: SFFA V. HARVARD AFFIRMED AFFIRMATIVE ACTION AND EXPANDED COGNITIVE DIVERSITY

 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.





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Trump's Cruel and Racist Attack on All Immigrants: Operation Wetback II


No campaign promise will impose more mass oppression than the zero due process mass round-ups that Donald Trump touts at every rally. 

Former President Donald Trump and his running mate JD Vance continually promise an almost unimaginable assault on American (legally here or otherwise) workers if elected. They want to bring back Operation Wetback from the 1950s but at a much greater magnitude. These promises play a leading role in their campaign for the White House and make an appearance in each and every campaign rally. In fact, at one recent rally Trump promised a "bloody" round-up and removal operation. These round-ups also feature prominently in the GOP platform so the entire party supports mass round-ups.

The original Operation Wetback rounded-up American workers with no due process and summarily dropped them across the border into Mexico. Undocumented as well as legal workers suffered a militarized round-up across the nation. The operation even ensnared unknown numbers of US Citizens and broke-up families consisting of US Citizens and legal workers along with undocumented workers. It amounted to a terror campaign to get immigrants to self-deport. This brazenly racist effort serves as Trump's model.

Trump and Vance promise to round-up as many as 20 million American workers a million at a time. Vance would round-up legal and illegal immigrants alike. Like Eisenhower's approach, legality does not matter, only skin color, which explains the utter cruelty of its implementation.

The mass deportation program the Eisenhower Administration in the 1950s pursued is the closest and best historical corollary to such a proposal:

The only historical comparison to a mass deportation programme came in 1954, when as many as 1.3 million people were deported as part of Operation Wetback, named after a derogatory slur then commonly used against Mexican people. . . . The programme, under President Dwight Eisenhower, ran into considerable public opposition-partly because some US citizens were also deported - as well as a lack of funding. It was largely discontinued by 1955. Immigration experts say that the earlier operation's focus on Mexican nationals and lack of due process makes it incomparable to what a modern-day mass deportation programme would look like. 

President Trump, however, proposes a militarized and no due process round-up that likely would leave the 1950s program in the dust. In a Time magazine interview Trump said: "So if you look back into the 1950s, Dwight Eisenhower . . . was very big on illegal immigration not coming into our country. And he did a massive deportation of people." The former President assumes he can do the job with the National Guard, but Trump promises to use the military if necessary, claiming that no federal law prohibits the use of the military against non-civilians. Indeed, it appears that Trump will accord those ensnared in this military operation zero due process,, as he makes clear in this video, from his speech at the Conservative Political Action Conference (CPAC). He states: "We will pick them up and we will throw them out of our country and there will be no questions asked."

Trump will also not rule out the use of detention camps. Trump's top immigration advisor, the notoriously racist Stephen Miller, said: "Because of the logistical challenges…you would need to build an extremely large holding area for illegal immigrants that at any given points in time . . . could hold upwards of 50, 60, 70,000 illegal aliens while you are waiting to send them . . . somewhere that would be willing to accept them.” Presumably, citizens ensnared in these round-ups would hold some means of getting released.

Make no mistake, Trump promises cruel and brutal treatment for those rounded-up, otherwise why would he work so hard to dehumanize and demonize migrants? Alfonso Aguilar, of the American Principles Project's Latino Partnership, states: "The Eisenhower mass deportation policy was tragic, human rights were violated. People were removed to distant locations without food and water. There were many deaths, unnecessary deaths. Sometimes even U.S. citizens of Hispanic origin, of Mexican origin were removed. It was a travesty. It was terrible. Immigrants were humiliated." In her book Impossible Subjects, Mae Ngai writes that many Mexicans were deported by ship. A congressional investigation, according to the book, compared the conditions on the ship to that of an "eighteenth century slave ship."

Trump and his MAGA cult consistently dehumanize migrants and propagate the most heinous lies about them--calling them animals and wrongfully accusing them of eating pets. They do this to pave the way for unspeakable evil. This evil plotting constitutes the core of their campaign and features in every rally and every campaign event. Dehumanization and demonization is the way to get many people to engage in deeply immoral and evil misconduct.

Miller himself admits that much of this will occur pursuant to a "shock and awe blitz of Executive Orders" such that the slow-moving courts will not keep pace with the Trump plan. Miller promises that the next Trump Administration will not include those counseling compliance with law; instead, officials will prepare to move quickly on Day 1.“Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown,” Miller led the Trump Administration's family separation policy which courts found unlawful but which still inflicted permanent cruelty upon children, many of whom remain separated from their families. As of mid-2024, Trump's policy of family separation still violates the law and about 1100 children still remain separated from their families despite a federal injunction to the contrary, and despite a Biden task force charged with repairing this manifest cruelty

Many of the barriers and guardrails that stopped Trump from pursuing unlawful conduct such as these round-ups are now weakened or simply gone. The judiciary includes many more Trump appointees compared to 2016. Trump now prepares for a second term with a greater focus on appointing compliant and obedient underlings. Indeed, he wants to eliminate the civil service. His lawyers already laid out arguments for the use of little used laws like the Alien Enemies Act

Worse yet this fast-moving mass round-up campaign will combine with Trump's promise to abolish birthright citizenship to create a perfect storm of lawless cruelty, which I will focus upon in my next post.




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