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Author Topic: The Poverty and Social Justice Thread  (Read 4612 times)

Miss P

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Re: The Poverty and Social Justice Thread
« Reply #20 on: June 13, 2008, 12:55:55 AM »
Lol Chemerinsky...I just finished day 1 of 2 of his BarBri con law lecture.  He's kinda boring and corny, but thorough.

He's so eloquent though!  I saw him speak recently and I swear I could have transcribed his (freestyle) lecture and published it verbatim.

That's cool how you referenced a case.

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Re: The Poverty and Social Justice Thread
« Reply #21 on: June 13, 2008, 08:39:22 AM »
It also really burdens appellate defenders and post-conviction lawyers.

Does the state still not have to pay, assuming the prisoner is on his appellate "freebie"?

A.

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Re: The Poverty and Social Justice Thread
« Reply #22 on: June 13, 2008, 08:42:05 AM »
Lol Chemerinsky...I just finished day 1 of 2 of his BarBri con law lecture.  He's kinda boring and corny, but thorough.

He's so eloquent though!  I saw him speak recently and I swear I could have transcribed his (freestyle) lecture and published it verbatim.


I'm taking the iPod course, but according to those taking the video course, his entire lecture (including subpoints, case names, breaks, etc.) is given completely without notes, and it follows the lecture hand-outs to a T.  Amazing.

A.

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Re: The Poverty and Social Justice Thread
« Reply #23 on: June 13, 2008, 12:43:37 PM »
An interesting article by Adam Liptak on the 1st Amendment and the regulation of hate speech here v. elsewhere:

http://www.nytimes.com/2008/06/12/us/12hate.html?em&ex=1213502400&en=4b649355873aa689&ei=5087%0A

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Re: The Poverty and Social Justice Thread
« Reply #24 on: June 13, 2008, 01:29:56 PM »
[tag]

Gracias, Alcito. ;)

I thought about posting the Georgia article as well. 

And what "urban manufacturing" jobs are we talking about here?

[url]http://query.nytimes.com/gst/fullpage.html?res=9D02EFDC113DF933A15751C0A9629C8B63[/

flipping burgers?!

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Re: The Poverty and Social Justice Thread
« Reply #25 on: June 13, 2008, 02:59:58 PM »
This Land Is Their Land
By Barbara Ehrenreich

This article appeared in the June 30, 2008 edition of The Nation.
June 11, 2008

This essay is adapted from Barbara Ehrenreich's latest book, This Land Is Their Land: Notes from a Divided Nation (Metropolitan).

I took a little vacation recently--nine hours in Sun Valley, Idaho, before an evening speaking engagement. The sky was deep blue, the air crystalline, the hills green and not yet on fire. Strolling out of the Sun Valley Lodge, I found a tiny tourist village, complete with Swiss-style bakery, multistar restaurant and "opera house." What luck--the boutiques were displaying outdoor racks of summer clothing on sale! Nature and commerce were conspiring to make this the perfect micro-vacation.

But as I approached the stores things started to get a little sinister--maybe I had wandered into a movie set or Paris Hilton's closet?--because even at a 60 percent discount, I couldn't find a sleeveless cotton shirt for less than $100. These items shouldn't have been outdoors; they should have been in locked glass cases.

Then I remembered the general rule, which has been in effect since sometime in the 1990s: if a place is truly beautiful, you can't afford to be there. All right, I'm sure there are still exceptions--a few scenic spots not yet eaten up by mansions. But they're going fast.

About ten years ago, for example, a friend and I rented a snug, inexpensive one-bedroom house in Driggs, Idaho, just over the Teton Range from wealthy Jackson Hole, Wyoming. At that time, Driggs was where the workers lived, driving over the Teton Pass every day to wait tables and make beds on the stylish side of the mountains. The point is, we low-rent folks got to wake up to the same scenery the rich people enjoyed and hike along the same pine-shadowed trails.

But the money was already starting to pour into Driggs--Paul Allen of Microsoft, August Busch III of Anheuser-Busch, Harrison Ford--transforming family potato farms into vast dynastic estates. I haven't been back, but I understand Driggs has become another unaffordable Jackson Hole. Where the wait staff and bed-makers live today I do not know.

I witnessed this kind of deterioration up close in Key West, Florida, where I first went in 1986, attracted not only by the turquoise waters and frangipani-scented nights but by the fluid, egalitarian social scene. At a typical party you might find literary stars like Alison Lurie, Annie Dillard and Robert Stone, along with commercial fishermen, waitresses and men who risked their lives diving for treasure (once a major blue-collar occupation). Then, at some point in the '90s, the rich started pouring in. You'd see them on the small planes coming down from Miami--taut-skinned, linen-clad and impatient. They drove house prices into the seven-figure range. They encouraged restaurants to charge upward of $30 for an entree. They tore down working-class tiki bars to make room for their waterfront "condotels."

Of all the crimes of the rich, the aesthetic deprivation of the rest of us may seem to be the merest misdemeanor. Many of them owe their wealth to the usual tricks: squeezing their employees, overcharging their customers and polluting any land they're not going to need for their third or fourth homes. Once they've made (or inherited) their fortunes, the rich can bid up the price of goods that ordinary people also need--housing, for example. Gentrification is dispersing the urban poor into overcrowded suburban ranch houses, while billionaires' horse farms displace rural Americans into trailer homes. Similarly, the rich can easily fork over annual tuitions of $50,000 and up, which has helped make college education a privilege of the upper classes.

There are other ways, too, that the rich are robbing the rest of us of beauty and pleasure. As the bleachers in stadiums and arenas are cleared to make way for skybox "suites" costing more than $100,000 for a season, going out to a ballgame has become prohibitively expensive for the average family. At the other end of the cultural spectrum, superrich collectors have driven up the price of artworks, leading museums to charge ever rising prices for admission.

It shouldn't be a surprise that the Pew Research Center finds happiness to be unequally distributed, with 50 percent of people earning more than $150,000 a year describing themselves as "very happy," compared with only 23 percent of those earning less than $20,000. When nations are compared, inequality itself seems to reduce well-being, with some of the most equal nations--Iceland and Norway--ranking highest, according to the UN's Human Development Index. We are used to thinking that poverty is a "social problem" and wealth is only something to celebrate, but extreme wealth is also a social problem, and the superrich have become a burden on everyone else.

If Edward O. Wilson is right about "biophilia"--an innate human need to interact with nature--there may even be serious mental health consequences to letting the rich hog all the good scenery. I know that if I don't get to see vast expanses of water, 360-degree horizons and mountains piercing the sky for at least a week or two of the year, chronic, cumulative claustrophobia sets in. According to evolutionary psychologist Nancy Etcoff, the need for scenery is hard-wired into us. "People like to be on a hill, where they can see a landscape. And they like somewhere to go where they can not be seen themselves," she told Harvard Magazine last year. "That's a place desirable to a predator who wants to avoid becoming prey." We also like to be able to see water (for drinking), low-canopy trees (for shade) and animals (whose presence signals that a place is habitable).

Ultimately, the plutocratic takeover of rural America has a downside for the wealthy too. The more expensive a resort town gets, the farther its workers have to commute to keep it functioning. And if your heart doesn't bleed for the dishwasher or landscaper who commutes two to four hours a day, at least shed a tear for the wealthy vacationer who gets stuck in the ensuing traffic. It's bumper to bumper westbound out of Telluride, Colorado, every day at 5, or eastbound on Route 1 out of Key West, for the Lexuses as well as the beat-up old pickup trucks.

Or a place may simply run out of workers. Monroe County, which includes Key West, has seen more than 2,000 workers leave since the 2000 Census, a loss the Los Angeles Times calls "a body blow to the service-oriented economy of a county with only 75,000 residents and 2.25 million overnight visitors a year." Among those driven out by rents of more than $1,600 for a one-bedroom apartment are many of Key West's wait staff, hotel housekeepers, gardeners, plumbers and handymen. No matter how much money you have, everything takes longer--from getting a toilet fixed to getting a fish sandwich at Pepe's.

Then there's the elusive element of charm, which quickly drains away in a uniform population of multimillionaires. The Hamptons had their fishermen. Key West still advertises its "characters"--sun-bleached, weather-beaten misfits who drifted down for the weather or to escape some difficult situation on the mainland. But the fishermen are long gone from the Hamptons and disappearing from Cape Cod. As for Key West's characters--with the traditional little conch houses once favored by shrimpers flipped into million-dollar second homes, these human sources of local color have to be prepared to sleep with the scorpions under the highway overpass.

In Telluride even a local developer is complaining about the lack of affordable housing. "To have a real town," he told the Financial Times, "Telluride needs some locals hanging out"--in old-fashioned diners, for example, where you don't have to speak Italian to order a cup of coffee.

When I was a child, I sang "America the Beautiful" and meant it. I was born in the Rocky Mountains and raised, at various times, on the coasts. The Big Sky, the rolling surf, the jagged, snowcapped mountains--all this seemed to be my birthright. But now I flinch when I hear Woody Guthrie's line "This land was made for you and me." Somehow, I don't think it was meant to be sung by a chorus of hedge-fund operators.

About Barbara Ehrenreich
Barbara Ehrenreich, the author of Nickel and Dimed (Owl), is the winner of the 2004 Puffin/Nation Prize.

http://www.thenation.com/doc/20080630/ehrenreich/print

Miss P

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Re: The Poverty and Social Justice Thread
« Reply #26 on: June 13, 2008, 11:56:03 PM »
It also really burdens appellate defenders and post-conviction lawyers.

Does the state still not have to pay, assuming the prisoner is on his appellate "freebie"?

I don't know what this means.  What's an "appellate 'freebie' "?  I am thinking of a few different possibilities. The state has to pay for appellate defense, but not for post-conviction work.  (There are some limitations potential exceptions to the right to appellate counsel.  The main one is that the state only has to pay for your first appeal as a matter of right.)

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And that's awesome about Chemerinsky.  I like the guy!
That's cool how you referenced a case.

Quote from: archival
I'm so far from the end of my tether right now that I reckon I could knit myself some socks with the slack.

A.

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Re: The Poverty and Social Justice Thread
« Reply #27 on: June 14, 2008, 12:09:55 AM »
The main one is that the state only has to pay for your first appeal as a matter of right.)

That one.  So if the client is in TN, wouldn't the state have to pay for transportation there?

Miss P

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Re: The Poverty and Social Justice Thread
« Reply #28 on: June 14, 2008, 12:25:33 AM »
The main one is that the state only has to pay for your first appeal as a matter of right.)

That one.  So if the client is in TN, wouldn't the state have to pay for transportation there?

Probably not adequate transportation or adequate funding for transportation.  (Also, when you have a caseload of 120 cases it's not easy to take the time off to travel across the country for one client, and prison telephone rates are very, very high.*)  I can't stress enough how poorly public defenders are compensated.  For instance, did you see in the inaugural article of this thread, I think it was, that Georgia pays $400/pop for contract felony defense?

*This is improving in some states because groups like CCR and various family advocates have shamed correctional providers into providing better rates.  (As an aside, at least one state used to routinely deny lawyers telephone contact with their clients and would demand exacting and probably unethical/illegal disclosures of the content of potential communications to establish the need for telephone contact as opposed to correspondence or personal visits.)
That's cool how you referenced a case.

Quote from: archival
I'm so far from the end of my tether right now that I reckon I could knit myself some socks with the slack.

A.

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Re: The Poverty and Social Justice Thread
« Reply #29 on: June 14, 2008, 12:47:36 AM »
Interesting.  But yeah, I guess face-to-face contact with one's lawyer isn't constitutionally guaranteed, huh.

And that $400/case figure is ridiculous.