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Articles 1 - 30 of 75
Full-Text Articles in Entire DC Network
Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs
Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs
Robert E. Suggs
The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarf disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Robert E. Suggs
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Robert E. Suggs
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Robert E. Suggs
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger
Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger
Michael Greenberger
As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this amendment …
The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger
The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger
Michael Greenberger
Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. Hurricane Katrina, however, and other catastrophes that may be labeled "Incidents of National Significance," are examples of emergencies of such magnitude that federal assets must be brought to bear to respond adequately to the situation. As such Incidents will almost always affect interstate commerce, Congress' commerce powers justify federal intervention in, and if necessary, supervision of the response. In such situations, the National Response Plan provides for extensive coordination between …
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
Michael Greenberger
In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U.S. 549 …
Choking Bioshield: The Department Of Homeland Security's Stranglehold On Biodefense Vaccine Development, Michael Greenberger
Choking Bioshield: The Department Of Homeland Security's Stranglehold On Biodefense Vaccine Development, Michael Greenberger
Michael Greenberger
One of the bright milestones toward the development of a vibrant biodefense vaccine industry was the passage of the Project BioShield Act of 2004. That statute was designed "to provide protections and countermeasures against chemical, radiological, or nuclear agents that may be used in a terrorist attack against the United States". It encourages the development of effective countermeasures by establishing the Special Reserve Fund of $5.6 billion to be spent over ten years to assure pharmaceutical and biotechnology manufacturers that there is a ready market for their products through purchases by the government for the Strategic National Stockpile. The Act …
Teaching New Dogs Old Tricks: Reshaping The Department Of Homeland Security's Technology Development Infrastructure, Michael Greenberger
Teaching New Dogs Old Tricks: Reshaping The Department Of Homeland Security's Technology Development Infrastructure, Michael Greenberger
Michael Greenberger
This article discusses the Department of Homeland Security’s (DHS’s) use of technology to help fight the war on terror. First, this article reveals how DHS has made little progress in encouraging the development of important technology, despite receiving ample resources from Congress to do so. Second, this article looks to the Office of War Mobilization’s (OWM) work during World War II as a possible template for galvanizing the Nation’s technological talent and resources to fight terror. Third, this article suggests a program for refining the OWM template to meet modern day needs. In this regard, DHS is the “new dog,” …
The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger
The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger
Michael Greenberger
Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …
Comment: Relocation, Accidental Inequalities, And The Equal Protection Doctrine, Michael Greenberger
Comment: Relocation, Accidental Inequalities, And The Equal Protection Doctrine, Michael Greenberger
Michael Greenberger
No abstract provided.
Did The Founding Fathers Do "A Heckuva Job"? Constitutional Authorization For The Use Of Federal Troops To Prevent The Loss Of A Major American City, Michael Greenberger
Did The Founding Fathers Do "A Heckuva Job"? Constitutional Authorization For The Use Of Federal Troops To Prevent The Loss Of A Major American City, Michael Greenberger
Michael Greenberger
As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast passed, the highly critical reports of the Bush Administration's mismanagement of the response to that catastrophe continued to mount. Central to the criticism of the Administration was its indecisiveness in deploying military assets to rescue and protect Gulf Coast citizens overwhelmed by one of the country's worst natural disasters. The President failed to act because of a perceived lack of statutory and constitutional authority to override the Louisiana Governor's refusal to allow the Federal government to have ultimate control over the deployment of Federal troops …
Preparing Vulnerable Populations For A Disaster: Inner-City Emergency Preparedness - Who Should Take The Lead?, Michael Greenberger
Preparing Vulnerable Populations For A Disaster: Inner-City Emergency Preparedness - Who Should Take The Lead?, Michael Greenberger
Michael Greenberger
No abstract provided.
Did The Founding Fathers Do "A Heckuva Job"? Constitutional Authorization For The Use Of Federal Troops To Prevent The Loss Of A Major American City, Michael Greenberger
Did The Founding Fathers Do "A Heckuva Job"? Constitutional Authorization For The Use Of Federal Troops To Prevent The Loss Of A Major American City, Michael Greenberger
Michael Greenberger
As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast passed, the highly critical reports of the Bush Administration's mismanagement of the response to that catastrophe continued to mount. Central to the criticism of the Administration was its indecisiveness in deploying military assets to rescue and protect Gulf Coast citizens overwhelmed by one of the country's worst natural disasters. The President failed to act because of a perceived lack of statutory and constitutional authority to override the Louisiana Governor's refusal to allow the Federal government to have ultimate control over the deployment of Federal troops …
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Michael Greenberger
The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …
False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger
False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger
Michael Greenberger
Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. The National Response Plan (NRP) adheres to this tenet, while providing for extensive coordination between the federal government and states and localities, if necessary. In doing so, the NRP provides procedures to ensure that federal assets may be brought to bear, without stomping on the nation's time honored commitment to the principles of federalism.
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Michael Greenberger
A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to arrest …
Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, Michael Greenberger, Michael Kane
Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, Michael Greenberger, Michael Kane
Michael Greenberger
No abstract provided.
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks
Taunya Lovell Banks
No abstract provided.
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Taunya Lovell Banks
In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …
Featured Speaker, Girls In The United States Justice System, Francine Sherman
Featured Speaker, Girls In The United States Justice System, Francine Sherman
Francine T. Sherman
No abstract provided.
Featured Speaker, Social Welfare V. Social Control: Juvenile Justice In The United States, Francine Sherman
Featured Speaker, Social Welfare V. Social Control: Juvenile Justice In The United States, Francine Sherman
Francine T. Sherman
No abstract provided.
Civil Rights In The Cyber World, Danielle Citron
Civil Rights In The Cyber World, Danielle Citron
Danielle Keats Citron
No abstract provided.
Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson
Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
I want to use this opportunity to discuss a phenomenon that continues to plague the human experience. It is called the game of war. War is perhaps the deadliest game that humanity has created. The conflict itself represents what appears to be opposing views about the way things should be. Each side believes that it is right and that its actions are justified. Each side therefore seeks to impose its views on the other or to defend its views against the other. Each side fears the other as an enemy and each side projects its fears onto its perceived “enemy.”
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
Garrett Power
No abstract provided.
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Garrett Power
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks
Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Recent Decisions, Phoebe A. Haddon
Massachusetts Department Of Youth Services, Spectrum Girls Facility Self-Assessment Team Member, Francine Sherman
Massachusetts Department Of Youth Services, Spectrum Girls Facility Self-Assessment Team Member, Francine Sherman
Francine T. Sherman
No abstract provided.