announced that it would shut down a special unit that spied on Muslim groups. Known as the “Demographics Unit,” the squad allegedly “mapped communities inside and outside the city, logging where customers in traditional Islamic clothes ate meals and documenting their lunch-counter conversations.” Matt Apuzzo and Joseph Goldstein at The New York Times report on the controversy surrounding the NYPD.
India’s Supreme Court recently recognized transgender rights. In National Legal Services v. Union of India, the court recognized the pain and struggle felt by the transgender community while stressing the historical importance of the group within India’s diverse culture. Faculty Advisor for the City University of New York School of Law ACS Student ChapterRuthann Robson writes at Constitutional Law Prof Blog that the court’s decision “not only requires the government to recognize a ‘third gender’… but also directs the government to take positive steps in education, health provisions, and ‘seriously address’ various problems.”
Last week, Utah defended its ban on same-sex marriage before the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert. During the hearings, state officials were “surprisingly straightforward in explaining that its marriage law is based directly upon its citizens’ religious values.” At Hamilton and Griffin on RightsLeslie C. Griffin, Co-Faculty Advisor for the University of Nevada, Las Vegas, William S. Boyd School of Law ACS Student Chapter, argues against religious-based law and why, when it comes to the same-sex marriage debate, “Utah has it backwards.”
Juan Haines at The Life of the Law describes District Attorney of Santa Clara County Jeff Rosen’s visit to a San Quentin jail where he spoke with inmates about “crime, punishment, rehabilitation, and reentry.”
The right to vote is at the heart of our American Democracy. Political participation by citizens is the great equalizer – it is the one thing that allows all Americans, no matter how powerful or weak, to make decisions about who will lead and who will help to advance their interests and protect their families. On April 10, Congress took an important step towards ensuring that this crucial right becomes available to even more Americans. Sen. Ben Cardin (D-Md.) and Rep. John Conyers (D-Mich.) introduced the bi-cameral Democracy Restoration Act (DRA). This important legislation would restore the right to vote in federal elections to the previously incarcerated immediately after their incarceration period is complete. Doing so would enable these individuals to resume the right and responsibility inherent in our role as Americans – asserting our voice through the ballot box.
The DRA was first introduced in 2009 by former Sen. Russell Feingold. Previously, the bill received strong support, but never quite enough to become a reality. This time, however, is different. There is an enthusiastic and bi-partisan movement underway to reform those parts of our criminal justice system that do not work. We can see this at the national as well as the state level: Congress is considering reforming the federal sentencing structure to make sentences fairer in an effort to help eliminate mass incarceration; the Department of Justice has instituted a "Smart on Crime" initiative that would result in better decision-making by prosecutors; and several states, most notably Kentucky, are considering legislation that would restore voting rights to the formerly incarcerated in its state prisons. Other states have also made significant changes to their laws to open up the franchise to the formerly incarcerated, most notably in Delaware, and Virginia – a state that had previously been cited as having one of the most draconian felon disfranchisement laws on the books. So the moment to finally restore voting rights to the formerly incarcerated, who have paid their debts for their crimes, is now.
Unlike other attempts to restore voting rights, the DRA is the most comprehensive effort. Under the legislation, once an individual has completed his or her incarceration period, their right to vote in federal elections will be automatically restored. Individuals will not be limited because of any ancillary issues related to their incarceration such as outstanding fees and fines or the fact that they have been released from prison but remain on probation. This is a significant feature of the DRA.
A growing trend of private probation companies is influencing our court and prison systems. Implemented now in ten states, these companies provide an inexpensive means for courts to ensure that fines are paid. However, in what is referred to as the “debtor’s prison,” many of today’s poor are being jailed because they can’t afford to pay their fines. PBS NewsHour reports on this controversial phenomenon which is proving how “without funds to pay fines, minor incidents can mean jail time.”
Calls for an investigation into the leak of a classified Senate report on torture to McClatchy newspapers continue. The leak came after Senate Select Committee on Intelligence Chair Dianne Feinstein (D-Calif.) accused the Central Intelligence Agency of illegally searching her committee’s computers. Adam Serwer at MSNBC has the story.
Andrew Cohen at The Atlantic explains why President Obama is right to speak out on voter suppression, “but he needs to preach to someone other than the converted.”
The words of President Lyndon Baines Johnson echoed at the beginning of each program of the Civil Rights Summit in the LBJ Auditorium last week in Austin, Texas. A montage of historic photographs followed onscreen to a soundtrack of songs about change or progress mixed with other recordings of LBJ’s iconic words. I had the privilege of attending the panels on Wednesday and Thursday as well as the address by former President Bill Clinton and the keynote address by President Barack Obama.
I have started to realize that when commemorating the anniversary of certain laws or court decisions like the Civil Rights Act, or last year, with Gideon v. Wainwright, it becomes more than simply a celebration; it is an evaluation of how far we have come and how far we must go, and it is a call to action. As President Clinton said in his speech, saying “thank you” to the politicians and activists who made the signing of the Civil Rights Act possible is not enough.
University of Texas’ President Bill Powers introduced the Summit’s panels by talking about UT’s involvement with civil rights. Powers acknowledged that UT has not always been on the right side of history, and in fact the university played a role in stalling “separate but equal” in Sweatt v. Painter in 1950. Today, the university awaits the a decision by the U.S. Court of Appeals for the Fifth Circuit in Fisher v. University of Texas that was vacated and remanded by the Supreme Court last year. “We stand ready to defend diversity.”
by Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University
* Author's Note: I had the privilege on April 4 of delivering the following remarks as part of a panel on "Creating the Politics of Privacy," a session of the capstone conference for Ohio State's 2013-14 series of campus-wide programs on the distinction between public and private.
America's cultural turn in recent decades toward a glorification of the private and a denigration of the public has coexisted with what quite obviously is a deterioration in privacy. As individuals, we have dramatically less capacity than in earlier decades to control information about even the most personal aspects of our lives. This is not just historical coincidence. The cultural turn to the "private" has actually hurt privacy.
What I mean by a cultural turn is that, for the last 35-ish years, U.S. law and politics have moved away from the public-regarding orientation of the New Deal and its programmatic outgrowths and toward the individualist orientation of Reaganite small-government conservatism. We can see these moves in a variety of ways that implicate the private/public distinction. For example, we know that public institutions, such as schools, simultaneously create both public value and private value. They help both to benefit society through an educated citizenry and to prepare individuals for economic self-sufficiency. Yet our public policy toward schools has increasingly emphasized only their private value as providing persuasive reasons for their support.
Likewise, private action simultaneously has both private and public impacts. What I do as an individual both serves my personal needs and gratifications and imposes externalities on others. Not all externalities are positive. Yet courts and politicians have increasingly resisted treating negative externalities as a sufficient justification for regulation. Supreme Court decisions limiting Congress' powers to keep guns away from schools or to provide federal remedies for domestic violence are perfect examples. The court's 2012 decision that Congress lacked power under the Commerce Clause to compel the private purchase of health insurance was based on legal arguments that earlier courts would have rejected out of hand.