Law

Labor at a Crossroads: How Unions Can Thrive in the 21st Century

First, stop the self-flagellation: The labor movement lives, and is getting stronger.

(AP Photo/Long Beach Press-Telegram, Stephen Carr)
This article was commissioned as part of " American Labor at a Crossroads: New Thinking, New Organizing, New Strategies ," a conference presented on January 15, co-sponsored by the Albert Shanker Institute, The Sidney Hillman Foundation, and The American Prospect . (View agenda here .) Find our "Labor at a Crossroads" series here . (AP Photo/Long Beach Press-Telegram, Stephen Carr) Local 63 ILWU members form a picket line in the Port of Long Beach, California, on Friday July 9, 2010. Striking clerical workers at the nation's busiest port complex expanded their walkout to a fifth terminal Friday, temporarily shutting down loading and unloading operations when dockworkers at the facility refused to cross the picket line. L abor advocates and scholars often feel like we won’t be taken seriously unless we say how awful things are. The more dire our analysis, the more listeners will nod and say it must be right, with labor insiders so self-critical. But our critical thinking shouldn’t...

McMorris-Rodgers and Anti-Choice Marchers All For 'Life' Until It's Born

She's all for the fetus, until it's born and needs health insurance. Or anything.

(AP Photo/Harry Hamburg)
E very January 22, anti-choice activists travel to Washington, D.C., to participate in the March for Life. It’s their way of marking the anniversary of Roe v. Wade , the U.S. Supreme Court decision that made abortion legal in all 50 states. The signs carried by the marchers always declare their love of babies and their desire to protect families. Their end goal, however, is to eliminate abortion nationwide; the organizers have also recently taken on the false and scientifically incorrect idea that oral contraceptives are actually abortifacients. Science be damned, the march is usually attended by hundreds of thousands of people from all over the country—including a congressional delegation. This year, U.S. Representative Cathy McMorris-Rodgers, a Republican from Washington State, together with Representatives Dan Lipinski, Democrat of Illinois; and Chris Smith, the New Jersey Republican, will be represent Congress at the march. U.S. Senator Tim Scott, Republican of South Carolina,...

Gertner Responds to Brodsky on University Rules for Campus Sexual Assault Justice

The author took issue in the Prospect with Harvard's new guidelines for disciplinary proceedings in campus rape cases. Alexandra Brodsky offered an opposing view on our website. 

(Photo/Omer Kabir via Flickr)
On January 21, we published Alexandra Brodsky's article, Fair Process, Not Criminal Process, Is the Right Way to Address Campus Sexual Assault , which included criticism of the point of view taken by Nancy Gertner in her longform essay, Sex, Lies and Justice , which appears in the Winter 2015 issue of The American Prospect magazine. Herewith, Gertner's response to Brodsky. I applaud Alexandra Brodsky’s very thoughtful piece, although her account of my perspective is skewed. I did not suggest that campus investigations of accusations of sexual assault “look like trials,” that they be the functional equivalent of a criminal trial model. And I surely agree that procedural protections run along a sliding scale: The more serious the stakes, the harder we make it to prove a case. My point was that with the Harvard proposals [for procedures adjudicating sexual assault on campus], those “protections” slid all the way to the proverbial star chamber—an administrative proceeding, within a single...

Fair Process, Not Criminal Process, Is the Right Way to Address Campus Sexual Assault

School investigations don’t look like trials because they aren’t supposed to.

(Photo by Alex Milan Tracy/Sipa USA) (Sipa via AP Images)
(Photo by Alex Milan Tracy/Sipa USA) (Sipa via AP Images) The Clothesline Project, pictured at Washington State University' s Glenn Terrell Mall, in Pullman Washington, on October 14, 2014, during the 'Week Without Violence', is a visual display of shirts bearing witness to sexual violence, child abuse, bigotry, family violence and racism, with each shirt representing the personal experience of a survivor or someone who cares for a survivor. WSU was among 55 schools that were investigated earlier in the year for sexual violence and the handling of assault reports. According to the university, ten forcible sex offenses were reported on campus in 2013, six in 2012 and eight in 2011. The White House has cited that one in five female college students are sexually assaulted. This article references and responds, in part, to Nancy Gertner's article, " Sex, Lies and Justice ," from the Winter 2015 issue of The American Prospect magazine. Gertner responds to Brodsky, here . I n just a few...

Labor at a Crossroads: In Defense of Members-Only Unionism

Allowing members-only unions would protect the rights of those who wish to bargain collectively even if they fail to surmount all the legal hurdles necessary to establish the union as the representative of all employees in the workplace.

(AP Photo/Times Free Press, Danielle Moore)
(AP Photo/Times Free Press, Danielle Moore) In a March 31, 2010, photo, Christian Iosif, an equipment installer with Leoni, programs a welding robot on the underbody dash panel line at Volkswagon of Chattanooga, Tennessee. This article is published as part of " American Labor at a Crossroads: New Thinking, New Organizing, New Strategies ," a conference presented on January 15, co-sponsored by the Albert Shanker Institute, The Sidney Hillman Foundation, and The American Prospect . (View agenda here .) Find our Labor at a Crossroads series here . S urveys of employee support for unions show a majority want collective representation. Yet, as illustrated by the close vote on union representation at the Volkswagen plant in Chattanooga, Tennessee, union organizing efforts often fail—either before employees have a chance to vote, or at the ballot box, or in subsequent litigation. For decades, scholars and union-side lawyers explained the gap between employee desire for unionization and...

Remedy for an Ailing Civil Justice System: Preventive Legal Care

The proper and efficient administration of justice is in jeopardy when we leave so many people to their own devices in our courts.

(iStockPhoto/© bbbrrn)
(iStockPhoto/© bbbrrn) W e’ve come to recognize the value of preventive medicine as a society. We know that patients do better and our government saves money when people get annual check-ups and screenings, diabetics have access to regular treatment and women receive proper prenatal care, so that we are able to avoid the costly and sometimes deadly issues that arise if we wait until they arrive in the emergency room. What would it look like if we took the same approach for legal help? What if we recognized that people are more likely to be able to stay in their homes if they have access to adequate legal assistance for wrongful evictions or foreclosures, rather than spending millions of taxpayer dollars on shelters once people have lost their homes and have nowhere else to turn? In Massachusetts, the Boston Bar Association (BBA), which I currently lead, recently released a Task Force report that shows that taking a preventive approach to legal issues, in the same way we do for public...

Labor at a Crossroads: Can Broadened Civil Rights Law Offer Workers a True Right to Organize?

It's one way to allow victims of anti-union discrimination to sue in federal court for compensatory and punitive damages.

(AP Photo/Alex Sanz)
(AP Photo/Alex Sanz) U.S. Representative John Lewis, Democrat of Georgia, is co-sponsoring, with Rep. Keith Elison of Minnesota, legislation that would broaden the Civil Rights Act to include workers who are discriminated against for wanting to join a union. Lewis, shown here on December 22, 2014, discusses the historical film Selma and civil rights in the United States during an interview in Atlanta. Forty-nine years after Lewis and other marchers tried to cross the Edmund Pettus Bridge in Selma, Alabama, memories of "Bloody Sunday" are still vivid in his mind. It was one of the defining moments of the civil rights era. This article is published as part of " American Labor at a Crossroads: New Thinking, New Organizing, New Strategies ," a conference presented on January 15, co-sponsored by the Albert Shanker Institute, The Sidney Hillman Foundation, and The American Prospect . (View agenda here .) Find our Labor at a Crossroads series here . O rganized labor, which represents only 1...

Has the GOP Become the Pro-Torture Party?

If you'll permit me a momentary bit of crowing, I'd like to take some credit for what we learned from Dick Cheney's appearance on Meet the Press last Sunday. Not that we didn't already know about Cheney's enthusiasm for torture, but we now understand better just how morally infantile his thinking is—and this man, don't forget, was more responsible than anyone for the policies instituted under the Bush administration. Because the blithe refusal of people like Cheney to define torture has been bothering me for so long (combined with the fact that they get away with simply saying things like "waterboarding isn't torture" without having to answer what torture is), I suggested to Chuck Todd last week that he might ask Cheney explicitly for his definition. Todd apparently thought it wasn't a bad idea, because this was how the interview began: You can read more of my thoughts here , but it seems that Cheney believes that there is literally nothing the United States can do to prisoners that...

The War On Terror Encapsulated In One Case

U.S. Navy photo showing Jose Padilla in sensory deprivation.
As we continue to debate the question of whether torture is an abomination or actually a great idea that worked well and should be used whenever we're feeling afraid, I want to point to one case in particular, that of Jose Padilla. The entire deranged history of the Bush administration's War on Terror can be seen in Padilla's story, and now we know even more about it. In case you don't remember, on June 10, Attorney General John Ashcroft interrupted a trip to Russia to hold a press conference announcing that a month prior, the United States had thwarted a major terrorist threat by arresting Padilla, a Chicago man who had travelled to the Pakistan and joined up with al Qaeda. Padilla, Ashcroft said, was plotting to detonate a "dirty bomb" that would release radioactive material over Washington, potentially killing thousands. But we got him before he could carry out his horrific plan. By the time of Ashcroft's dramatic press conference, Bush administration officials had already decided...

Harrowing Tales of the Wrongly Deported: U.S. Border Patrol Flouts the Law and Destroys Lives

There are more than 40,000 CBP officers authorized to act like judges but without legal training. The new executive order does not change this.

(AP Photo/Eduardo Verdugo)
(AP Photo/Eduardo Verdugo) In this July 12, 2014, photo, Central American migrants ride a freight train during their journey toward the U.S.-Mexico border in Ixtepec, Mexico. The number of family units and unaccompanied children arrested by Border Patrol in the Rio Grande Valley has doubled in the first nine months of this fiscal year compared to the same period last year. In 2008, Nydia, a transgender woman, fled physical and sexual attacks in Mexico and was granted asylum in the United States. She was saving money to apply for lawful permanent residence (a “green card”) when, in 2010, her mother died. Nydia returned to Mexico for the funeral. “I was afraid [to go back], but in the moment, I just blocked out everything that had happened to me,” she said. “When I got there, I thought ‘Oh my God, why am I here?’” When her family in Mexico rejected her, Nydia found herself alone, attacked by a gang who tried to rip out her breast implants, beat, robbed, and raped her. Nydia returned to...

Do Republicans Want to Bring Torture Back?

A medieval use of stress positions, an oldie but a goodie. (Flickr/Curious Expeditions)
I'd like to follow up on a question I've raised yesterday and today over at the Post (see here and here ) regarding the torture program. It's pretty simple: what do the program's defenders think we should do now? Or more particularly, since Barack Obama isn't going to change his policy toward torture in the last two years of his presidency, what should the next president do? I've seen almost no one talk about the torture question as though it related in any way to the future. Even the most ardent torture advocates are talking only about the past. But if they're right that the program was perfectly legal and produced vital intelligence that could be obtained no other way, then one would assume they'd like to renew the waterboarding sessions as soon as they have the opportunity, i.e. as soon as there's a Republican president. Which makes it particularly important to get the people who want to be that president on record now about whether they have any plans to do so. When I wrote this...

What You Really Need to Know About the Torture Report

The two contractors who designed the program were paid $81 million. And that's just one thing.

CIA.gov
This article was originally published by BillMoyers.com . O n Tuesday, amid much controversy and after a year of political combat between the Senate Intelligence Committee and the CIA, a long-anticipated summary of the committee’s report on the CIA’s detention and interrogation program was released. Here’s what you need to know… What are the key points? You can read a quick roundup of the report’s main findings here . New York Times reporters Matt Apuzzo, Haeyoun Park and Larry Buchanan looked at what the report says about the efficacy of torture techniques in a series of specific cases. For those with strong stomachs, The Daily Beast’ s Shane Harris and Tim Mak sifted through the report to unearth “ the most gruesome details ,” which we chose to omit below. It was torture… According to the report, after being authorized by the Bush White House to detain people with suspected ties to terrorist groups, the agency’s “enhanced interrogation techniques” were far more brutal than the...

Movements for Racial Justice and Economic Justice Could Converge to Form a Powerhouse for Change

(Photo by Rachel M. Cohen for The American Prospect)
What happens to a dream deferred? Maybe it just sags like a heavy load. Or does it explode? T hat was the poet Langston Hughes, in 1951. In that year, more than half a century ago, the most basic dreams of African Americans were deferred. Segregation was mandatory in the old South. Discrimination was legal everywhere in America, whether in housing, education, or employment. Blacks were not just separated, but isolated, marginalized, restricted to the worst jobs and most dilapidated neighborhoods, the most dismal schools. For many, the racism just sagged, like a heavy load. It destroyed hope that hard work would be rewarded. The deferred dreams of that era seldom produced explosions, because the state had a very efficient system of terror. Blacks who resisted were likely to be lynched, jailed, or otherwise destroyed. It is a testament to sheer grit, tenacity and courage that large numbers of blacks managed to get educations, raise families, start businesses, and enter professions at...

We Can't Forget: Black Women Are Targeted, Too

"It’s not just the brothers dying; I’m at risk too," Joanne says. "I could be the next person.”

(Photo/Kristen Doerer)
(Photo/Kristen Doerer) After talking with a protester who came to commemorate the lives of black women killed and beaten by police and the justice system, the author ponders a new hashtag: #BlackWomensLivesMatter. Here, a scene from the Washington, D.C., protests set off by a Staten Island jury's failure to indict white New York City Police Officer Daniel Pantaleo in the killing of Eric Garner, an unarmed black man. We’ve been walking for about two hours now. We’re following the protests, Nathalie Baptiste and I, and we’ve finally made it to 14 th Street Bridge—Well not quite, we’re right before the bridge, at one of the busiest intersections. A black man has been leading the way, microphone in hand, shouting chants like “No justice, no peace! No racist police!” and “Hey, hey, ho, ho, these killer cops have got to go.” We circle around the intersection. Protesters raise their hands, “Hands up, don’t shoot!” they yell. Police cars surround us, their lights flashing. Horns blare as...

'All I Want For Christmas Is Justice!' A Protester's Dispatch

This is what the new civil rights movement looks like.

(AP Photo/ Joseph Kaczmarek)
(AP Photo/ Joseph Kaczmarek) Angelica Simmons, center, holds her arms up in the air while participating in a demonstration at a tree lighting ceremony, Wednesday, December 3, 2014, in Philadelphia. The crowd, protesting the deaths of two unarmed black men at the hands of police, rallied at the train station and marched through downtown before disrupting a tree lighting ceremony at City Hall. A t the National Christmas Tree Lighting ceremony, the president and his family sought a moment of lightness. It was not to be had. The street in front of the White House was filled with demonstrators, who had blocked off highly-trafficked thoroughfares after the justice system once again failed to call police to account for the killing of yet another unarmed black person: Eric Garner, who died when a New York City police officer pushed Garner to the ground, wrapped his hands around the black man’s neck, and held them there while the man gasped for air. As traditional Christmas songs blared from...

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