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Archive for the ‘The Law’ Category



Debt Trial of the Century in the Hands of Supreme Court

Feb25

by: Andrew Hanauer on February 25th, 2014 | 1 Comment »

Credit: Creative Commons

Last Tuesday, Argentina appealed to the US Supreme Court in its landmark case against predatory hedge funds seeking to collect more than $1 billion in old debts. With phrases like “bondholder” and “sovereign debt restructuring” peppered throughout the news coverage of the filing, following this case may not be as easy as following some of the other high profile proceedings before the court. And that’s a shame. Because for millions of people living in extreme poverty, the implications of this case are enormous.

In 2001, Argentina defaulted on its obligations and reached agreement with around 92% of its creditors to restructure the country’s debts. Some creditors held out, however, including a number of hedge funds that had bought Argentine debt for pennies-on-the-dollar before the default, hoping to cash in later on. These funds were participating in a calculated global strategy of speculative profit seeking that threatens the ability of poor countries to emerge from the burden of high levels of debt – behavior that has earned them their colorful nickname: “vulture funds.”

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Why Are So Many White Men So Angry and What Can We Do About It

Feb21

by: on February 21st, 2014 | 6 Comments »

Michael Kimmel’s popular new book Angry White Men, describes the rage of American men who have been cast out of their dominant roles within the economy, the family and personal life. The book does not discuss mass murder, but the fact that men are killing large numbers of people in America indicates a level of rage with no socially constructive outlet. Kimmel correctly notes the way white men are demoted from the economic and social dominance they once had. He blames white men’s now lowered position on two developments. One is a vaguely referenced “neo-liberal agenda”. The second is the movements for economic, political and civil rights for women and minorities. The civil rights and the feminist movements permitted more minorities and women to compete for jobs formerly reserved for white males.

The book explores a wide range of white male attempts to recoup their lost hegemony. One is “hate radio” where voices like Rush Limbaugh’s channel men’s confusion over their changed roles into hatred for “feminazis” and minorities who take “their” jobs.

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“To remain in prison for the rest of my life would be the greatest gift you could give me.”

Feb19

by: on February 19th, 2014 | 1 Comment »

While speaking at a church about Afghanistan and the the lead-up to the Iraq war, one attendee asked us if we thought there was anything anyone could do to stop the war. I replied “I think that train has already left the station.” Later, when thinking about that answer, it struck me that we could have done a lot more than street protests, letters to the editor, phone calls to Congress, and faxes to the president. More of us could have, and should have, laid our bodies down on that track.

Sister Megan Rice, 84, was sentenced on February 18th to 35 months in prison for breaking into a nuclear facility, in her nonviolent act of civil disobedience, putting her body on the tracks, to bring an end to nuclear weapons.

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Glory, Fame, and Ambition: the Custer Model

Jan29

by: on January 29th, 2014 | 5 Comments »

George Armstrong Custer. "The last thing we need in our homes, workplaces, and national leadership is a Custer," Kurth writes. Credit: Creative Commons/National Archives and Records Administration.

When I was a girl, my father called me a “glory-hound,” and I was embarrassed and indignant, probably because it was so true. Most writers, it seems, long for glory, fame, acknowledgement. Some of that is a human need to be seen and valued, an experience we all deserve. But lately, I’ve been seeing a very real danger in the obsessive pursuit of fame and even the pursuit of achievement.

What could be wrong with “following your dream” or “being all you can be?”

In a radio interview, a spiritual author writing a book about a religious icon, mentioned a key moment when she was allowed to see the icon. At that moment, her companion and guide, an elderly man, was so affected, he collapsed to the floor. Her reaction was something very close to, Oh, that’s all I need: a dead guide on my hands.

Wow, I thought. Doesn’t a spiritual quest draw us closer to others, make us sympathetic to their suffering and possible death? That moment is undoubtedly not typical of the writer’s attitude overall, but it made me certainly made me ponder ambition, my own and others’, and where it stands in the way of humanity. Where do we find ourselves seeing others and even their suffering as mere obstacles to our goals?

Custer: A Far Scarier Example

Soon after hearing the radio program, I watched a PBS feature on Custer, a horrible and disturbing story. My mind kept flipping back and forth between two visions. One was a popular picture of Custer in his time, glamorous Custer, a “gallant” triumphant competitor, a rule-breaker and risk-taker, adventurous, courageous, confident, dashing, a man who dressed with flare and had a passionate romance with an equally high-voltage woman, his wife, Libby. This, I thought, is the archetype of success in our culture, the fireworks person, the Steve Jobs, the important one who drives himself beyond human limits and achieves fame, power, and money – and makes us feel bad about ourselves.

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An Old Voice, A Young Voice, On the Highly Unfashionable Word Called Evil

Jan22

by: on January 22nd, 2014 | 5 Comments »

Today, U.S. Secretary State John Kerry, age 70, had his voice heard during the Syria “peace” conference in Switzerland, in which he reiterated the State Department’s position that Bashar al-Assad must leave office by “mutual consent.” As reported by the New York Times:

Putting the best face on the meeting, Secretary of State John Kerry told reporters on Wednesday night that it was significant that senior diplomats from 40 countries and organizations had gathered in the lakeside Swiss city of Montreux, to initiate the conference. Mr. Kerry insisted that he had always known that the talks would be “tough” and described the conference as a “process,” which he implied could last for months or even years.

Since Secretary Kerry, age 70, has had his voice today on how to respond to the atrocities of the Assad regime, I would like to use this post at Tikkun Daily to give voice to Hamza Ali Al-Khateeb, who was arrested, tortured, mutilated and killed by the Assad regime in 2011.

Hamza was 13 years old.

We could not heal and repair the world in time for Hamza and so many others around the globe, or even implement already established, and basic, international law to spare his short life, and his indescribable suffering.

Thus, the only voice he has to give us is from his perch in heaven, and through his before and after photos of his torture and murder:

You Must Remember This, A Kiss Is Just A Kiss, An Executive Order Is NOT A Law

Jan18

by: on January 18th, 2014 | 4 Comments »

Photo courtesy of WhiteHouse.gov

YesterdayPresident Obama spoke about much-needed reforms to how the NSA and other intelligence agencies target, gather, store, sift through, and disseminate “intelligence” information. As president, he can issue executive orders which must be obeyed by those within his chain of command, and that gives him significant power to change the way things are done.

That’s very nice, but those executive orders are NOT laws, and they can be set aside faster than the blink of an eye by this president or any president in the future.

The Constitution that President Obama mentions in his speech, which guarantees our freedoms, created three branches of government, a balance of powers, to protect those freedoms, and those branches have not been doing much since 2001. Meanwhile, the executive branch has been going wild.


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Minimum Wage: Rare Case of Moral Consensus

Jan17

by: on January 17th, 2014 | Comments Off

Picture a world where politics is not so polarized. Imagine that the American people are flat out in favor of a plan that could lift more than a million of their neighbors out of poverty. And they’re arriving at this position not out of narrow self-interests—most Americans aren’t poor—but for essentially moral reasons. Actually, not much imagination is required. At least not when it comes to public opinion on a perennial issue: the minimum wage.

For decades, polling has shown support for a higher minimum wage ranging somewhere between unambiguous and unbelievable. In November, a Gallup survey found that 76 percent of the people would vote for a hypothetical national referendum lifting the bottom wage to $9 an hour. That’s $1.75 more than the current federal minimum; it would also be more than any increase ever passed by Congress. Last summer, a less independent poll conducted by Democratic-leaning Hart Research Associates found eight in ten Americans flocking behind a $10.10 per-hour minimum wage.

Try to identify a considerable subgroup of American opinion that’s content with the $7.25 regime. You’d think, for example, that self-identified Republicans would want to either freeze the wage or tamp it down. You would be mistaken, according to the Gallup breakdown: Republicans favored the $1.75 hike by an unmistakable 58-39 percent margin. Meanwhile, in a previous Gallup poll, the support among self-identified “moderates” was rather immoderate (75 percent).

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Q & A with Coleen Rowley, F.B.I. Whistleblower: Part One

Jan3

by: on January 3rd, 2014 | 5 Comments »

In 2002, then-F.B.I. agent Coleen Rowley appeared on the cover of Time magazine, along with two corporate whistleblowers, as Time’s Persons of the Year.

Earlier in 2002, Rowley, then chief legal counsel in the F.B.I.’s Minneapolis bureau, gained headlines for writing a memo to F.B.I. Director Robert Mueller documenting the F.B.I. Headquarters’ series of failures in the weeks leading up to the 9/11 attacks. She later testified before the Senate Judiciary Committee, sharing with Congress and the American people what took place in the summer of 2001, and suggesting reforms to avoid repeats of the same mistakes.

Rowley retired from the F.B.I. in 2004. Since leaving the government, the tell-it-like-it-is Iowa native made a 2006 run for Congress on the Democratic-Farmer-Labor Party ticket in Minnesota, and has become one of the most outspoken critics of America’s post-9/11 descent into militarism and the surveillance state.

In this first of a two part series, Rowley shares her philosophy on government employment, both in the civilian and military sectors.

Coleen Rowley, thank you for granting this interview. Before discussing issues of war and peace, and the ability of governments to bring about both, I would like to ask if you could share with Tikkun Daily readers your own thoughts about the word “heroism.”

Since 9/11, our national political discourse has been saturated in “hero-speak,” if you will. What strikes me about your own whistleblowing background, as well as that of others like Thomas Drake, Jesselyn Radack and Ed Snowden, is how calm and reflective all of you are. I certainly would not hesitate to describe the courses of action that flowed from those states of mind to be heroic. It would seem that it is these thought-centered actions which are ultimately going to save our American freedoms, not bombs, guns and war.

Can you share with me your thoughts about the concept of heroism, and whether you think the very concept has been manipulated by politicians in the post-9/11 era to nefarious ends. If you believe the word has been manipulated, what can we do as a citizenry to help reaffirm the basic principle that human thought and regard for individual rights will preserve and defend American democracy, not the instruments of violence, be they in private hands or in the hands of government actors?

Thanks for all you do too, Timothy.

I hold conflicted, paradoxical views about “heroism”. For me personally, I eventually came to see it as a mistake to even accept any award–as I explained in my 2005 speech “Awards: the good, the bad and the ugly” I don’t believe in calling any person “heroic” as we are all mixed bags (also called “sinners”) and I agree that the whole concept of putting someone on a pedestal has many downsides and can be used for manipulation of public opinion. Even the Nobel Peace Prize has been subverted over the years. However, I do think that human actions can be heroic. Ethical decision-making needs to be recognized, applauded and hopefully emulated by all citizens.

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Why Mandela Forgave the Butchers

Dec6

by: on December 6th, 2013 | 3 Comments »

Mandela with Desmond Tutu

Back in the early 1960s, black South African lawyer and activist Oliver Tambo was asked to describe a colleague who had just gone to prison for resisting white minority rule in that country. He replied that this man is “passionate, emotional, sensitive, quickly stung to bitterness and retaliation by insult and patronage.” Tambo was talking about his law-firm partner, Nelson Mandela – remembered today for his grace, humor, and empathy, as well as his remarkable courage and leadership.

What happened to Mandela in prison, what changed him so radically, is still a bit of mystery in my mind. He was often asked about a slice of this question – how he let go of the anger he felt specifically toward whites – and his responses were usually of a fairly standard therapeutic variety. Bill Clinton, in an interview aired last night by CBS Evening News, related one such exchange with Mandela.

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More Solid Arguments for Second Amendment Repeal

Nov20

by: on November 20th, 2013 | Comments Off

Credit: Creative Commons

America magazine, the Jesuit-run magazine which recently published the widely-discussed interview with Pope Francis, has re-posted an excellent editorial calling for the repeal of the Second Amendment. The editorial is well worth reading for all who want strong arguments at their side when discussing the gun plague with those, like members of the establishment gun control lobby, who insist on advancing a demonstrably failed political strategy to stem gun violence.

Perhaps one of the more frustrating things to encounter in progressive politics, on any given issue, is when a fellow progressive says to your idea or proposal, “That’s just not politically realistic.” Oftentimes, one may find himself scratching his head and asking in reply, “Well, dear friend, if you’re so realistic and politically savvy, how come you’ve been spinning your wheels on your issue for the last thirty-plus years?”

Indeed, if one is going to claim the high mantle of political realism for themselves and their cause, one should try to back it up with, at the very least, a nod to reality.

Unfortunately, the establishment gun control lobby, whose representatives flood the TV airwaves in the wake of every mass shooting to assure gun owners that “No one is trying to take away their Second Amendment rights,” deliver no such nods to reality, even as they claim to be political pragmatists of the highest order. Even, that is, as they attempt to harness the public’s energy into supporting doomed-to-fail, utterly piecemeal gun control measures. To cite just one example of the latter: a piecemeal gun control measure that would prevent a mentally unstable 20-year-old from purchasing a gun, but would not prevent his own gun-obsessed mother from amassing an arsenal in her own home where, of course, the former resides. Think Newtown.

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