Law

How to Sabotage Iran Negotiations in the Name of Avoiding War

Israel and AIPAC are using Congress to push their own agenda of increasing sanctions on Iran and reducing presidential authority.

(AP Photo/Cliff Owen)
(AP Photo/Cliff Owen) Stage hands prepare the stage for the 2015 American Israel Public Affairs Committee (AIPAC) Policy Conference in Washington, D.C., Monday, March 2, 2015. A s multilateral talks over Iran’s nuclear program continue with the U.S. leading the negotiations, Congress seems to be doing its best to complicate things. And both Israel and the American Israel Public Affairs Committee (AIPAC) are doing their part to help. Earlier this week, as 16,000 people convened in Washington, D.C., to attend AIPAC’s annual conference, the powerful pro-Israel lobby made it clear that the organization would push not only for increased sanctions on Iran—through the passage of the Nuclear Weapon Free Iran Act —but also for the ability to make it more difficult to lift sanctions later, via a new bill, the Iran Nuclear Agreement Review Act . This latest bill, introduced on Friday by Republican Senator Bob Corker and Democratic Senator Robert Menendez, would give Congress a 60-day period to...

The Perils of Privatization

When a public function is privatized, the result is a muddled middle ground.

(AP Photo/Gerry Broome)
This article appears as part of a special report, "What the Free Market Can't Do," in the Winter 2015 issue of The American Prospect magazine. Subscribe here . O ne November morning in 2004, three U.S. military men boarded a small turboprop plane at Bagram Air Base near Kabul for a two-and-a-half-hour flight to Farah, a base in western Afghanistan. They were Lieutenant Colonel Michael McMahon, Chief Warrant Officer Travis Grogan, and Specialist Harley Miller, the only passengers on Flight 61. The flight was operated by an affiliate of Blackwater, the private military company under U.S. contract for air transport of mail, supplies, and troops. Forty minutes after takeoff, flying far north of the customary route from Bagram to Farah, the plane crashed into the side of a mountain. McMahon, Grogan, the pilot, co-pilot, and the mechanic apparently died instantly. At the time, McMahon was the highest-ranking U.S. soldier to die in the war. Miller, though he suffered internal injuries, may...

Will the Recovery Finally Translate into Better Wages?

(iStockPhoto/© JLGutierrez)
whitehouse.gov Federal Reserve Chairman Janet Yellen and President Barack Obama. This article originally appeared at The Huffington Post . T he good news about the economy's improved job creation dominated the weekend's headlines. Many commentators concluded that the economy is finally shaking off the effects of the financial collapse of 2008 and the long period of stagnation that followed. The creation of 257,000 new jobs in January is surely good news, as is the long-awaited increase in wages, reported at half of one percent in that month. Even so, the one-year increase in wages has been only 2.2 percent, barely more than 1 percent when adjusted for inflation, and it's been a long time since most workers have seen substantial raises. In this recovery, the economy has been creating more low-wage jobs than high-wage ones. The shift from standard payroll jobs to temp and contract work continues. The uptick in the measured unemployment rate, from 5.6 percent to 5.7 percent, suggests...

To Check Power of Greedy Bosses, Workers Need to Bargain in New Ways

When workers' power is diminished and people’s voices are shut out of the workplace, job quality and job standards suffer.

(AP Photo/Seth Perlman)
(AP Photo/Seth Perlman) Tanya Melin of Chicago, right, Service Employees International Union members, home care consumers, workers, and allies rally in support of home care funding at the Illinois State Capitol Tuesday, Feb. 28, 2012 in Springfield, Illinois. W ork looks a lot different today than it did 100, 50, or even 10 years ago: It’s faster, it’s automated, and it’s complex. We used to pin these shifts on globalization; now we’re tying everything to the rise of an on-demand sharing economy. And while it may seem like progress in terms of how quickly and cheaply we can get things, we can’t forget that it’s happening at the expense of regular people and their ability to work full time and earn a decent living. That’s because, for far too long, greedy CEOs have held all of the power, giving those of us doing the work very little room to make our voices heard. Corporate interests have been on a decades-long bender to depress wages, benefits and job standards, trapping you and me and...

Rand Paul's Attack on Jeb Bush's Pot 'Hypocrisy' Heralds a Signal Issue for 2016 Campaign

With pot legalization measures appearing on 2016 ballots in some six states, presidential candidates will have to answer a tricky question.

(Photo By Bill Clark/CQ Roll Call) (CQ Roll Call via AP Images)
(Photo By Bill Clark/CQ Roll Call) (CQ Roll Call via AP Images) Senator Rand Paul, Republican of Kentucky, speaks with reporters as he arrives for the Senate Republicans' policy lunch in the Capitol on Tuesday, December 16, 2014. T he Republican presidential nominating contest has barely begun, and already we're talking about marijuana. This is yet another issue most Republicans would just as soon not discuss, since public opinion is moving away from them and they haven't quite figured out how fast they should follow after it. But at the moment, Jeb Bush can thank Barack Obama for paving the way for him to dismiss his own youthful pot smoking as no big deal—at least nothing that should make anyone want to vote against him. The new information about young Jeb's experimentation with cannabis comes from this article by the Boston Globe 's Michael Kranish on Jeb's years at the Phillips Andover Academy. While, as a general matter, no adult human should be judged on what they did in their...

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...

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