text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Gerald Gunther and the Same-Sex Marriage Cases
Friday, October 10, 2014
Gerald Gunther and the Same-Sex Marriage Cases
Gerard N. Magliocca
Very apt quote.
If I were a conspiracy theorist, I would suspect that the progressives on the Supreme Court were simply delaying a decision to allow the creation of a critical mass of same sex "marriages." Reluctance to annul these "marriages" would then give Kennedy a reason to retreat from his last opinion holding that the people through their state governments have the plenary power to democratically define civil marriage for themselves.
Actually, such a conspiracy appears to be quite real. See Professor Koppelman's last post.
Our Republic was nice while we kept it.
Two pendulums swinging one way and the other, not in sync. The "progressive" elite and conservative majority becomes the "progressive" majority and conservative elite. The court led and now the court lags. People argue for judicial review and the next generation argues against it, for the same purpose.
I'm with Derrick Bell on Brown, but gay rights would not have come as far as they have without court "interference" The majority now support marriage equality. Good.
D. Ghirlandaio said...gay rights would not have come as far as they have without court "interference" The majority now support marriage equality. Good.
If a majority of American voters actually support redefining civil marriage, then progressives would not be pursuing a judicial redefinition reversing the democratic definition of civil marriage in a super-majorty of states. Instead, they would be lobbying state legislatures.
It all depends on whether you think homosexuals are like negroes, or like people who want to drive over the speed limit and get away with it.
...or like people who like to go dancing (included because some authors here think dancing isn't protected by the constitution.)
Our myopic CO gasbag wears his bifocals upside down with this Ben Franklin flourish:
"Our Republic was nice while we kept it."
but ignoring the history of that "nice" Republic which supported slavery, denied women and property-less white men of voting and other rights (not to mention the indigenous): that "nice" Republic which passed the Civil Rights Amendments ending slavery and protecting former slaves but permitted these to be overcome with Jim Crow laws that Plessy v. Ferguson confirmed with "The Gilded Age" as a backdrop; that "nice" Republic that took until 1954 with the Warren Court's unanimous decision in Brown v. Bd. of Educ. to overcome - partially - Plessy, and then augmented by Congress and LBJ with the 1960s Civil Rights Acts, fought tooth and nail by the former Democrats of the former slave states who then became the base of what was once the Republican Party of Lincoln, continuing yet with phony ID voting laws to deprive voters without realistic proof of voter fraud. And let's go back to the 19th Amendment ratified in 1920 giving women the right to vote in this "nice" Republic. (I wonder how these "nice" ladies will vote in November.)
The Republic that Ben Franklin referred to was not so "nice" to a lot of people, and still isn't (including the indigenous).
Sen. Cruz, our CO gasbag's hero, accused the Supreme Court of activism with it declination on SSM whereas Gerard suggests passivity. Our CO gasbag suggests he is not a conspiracy theorist (nut?) but suggests the progressives on the Court might be. I can imagine former Boston Boy Franklin telling our CO gasbag to go fly a kite or steal a hot stove. Myopia, indeed.
By the Bybee [expletives deleted], for the record Franklin did not describe the Republic as "nice."
Shag notes GM is saying the the denials are too passive.
The USSC is being overly coy here, I think, including in providing clarity as to the proper use of stays. It is not only doing that here to be fair. The recent voting cases in the news are at best clear by implication (see Rick Hasen cited on the blogroll)
Another issue is the death penalty: four justices dissented w/o opinion from a denial of a stay in lethal injection case, one more example of the USSC or individual justices not saying anything substantive. This is so even when 2-4 justices clearly are concerned about the matter.
We are not supposed to do so, but the denials sort of send a message that Baker v. Nelson shouldn't block SSM judgments. If Judge Sutton, the apparent swing vote in the 6CA, uses that, it is somewhat hard to take seriously.
Again, I don't think the USSC only did that here, but am not saying that is what is being said by the OP. Not doing something here sends a message and has a strong practical implication in support of SSM. Granting that, there is some reason to support it. Letting the matter develop, especially w/o a circuit split on the basic issue, is a good idea.
It is due time that the USSC decides the basic question of sexual orientation discrimination. There is some dispute in the circuit as scrutiny and it would provide some degree of clarity to the law. I don't criticize the gay rights rulings as much as some, but there is some lack of clarity there.
I'm reading Gunther's article and will have something to say on it perhaps later today or tomorrow. While I have not read Bickel's book that is the subject of the article, I have over the years read much about Bickel, his book and other writings. The context of the quote provided by Gerard is of prime interest but so is the general critique (so far) of Bickel by Gunther.
And speaking of quotes (as I was), back to our myopic CO gasbag's quote playing on a distortion of Ben Franklin's quote following the Constitutional Convention, let me quote the penultimate (be still, my favorite word!) paragraph from Nico Kristof's NYTimes column today "When Whites Just Don't Get It, Part 3":
"Today we sometimes wonder how so many smart, well-meaning white people in the Jim Crow era could have unthinkingly accepted segregation. The truth is that injustice is easy not to notice when it affects people different from ourselves; that helps explain the obliviousness of our own generation to inequity today. We need to wake up."
Our myopic CO gasbag is a veritable Rip Van Winkle when dealing with (actually ignoring) the history of our once "nice" Republic.
Note to Joe:
The Legal History Blog's Sunday book feature provides a link to Justice Stevens' review ("Law Without History?") of Judge Katzmann's "Judging Statutes" in the New York Review of Books. This will interrupt my reading of Gunther's article as the title of Stevens' review might suggest revisits of Heller and McDonald. (In line with the theme of Gerard's post, how come the Court has not granted cert, reviewed 2nd A appeals post-McDonald? Passivity? Defective history?)
Further note to Joe:
The Originalism Blog provides a link to not only Stevens' review, but also to Josh Blackmon's critique of Stevens in defense of Justice Scalia (Josh's apparent role in legal academia as he seeks tenure), as well as a link to Norm Ornstein's Atlantic review of Katzmann's book.
Meantime, I'm working on a parody of our myopic CO gasbag, taking liberties with Sam Cooke's "Wonderful World" with "Nice Republic, If you Kept It" with the stress on Cooke's line "Don't know much about history ...." Just might be a fitting blurb for our CO gasbag's work of friction in progress attacking progressives.
The Franklin reply which I borrowed was the answer to a question whether the United States would be a democratic republic with the rule of law or go back to being a monarchy ruled by decree.
Slavery predated our Republic and had nothing to do with the question posed to Franklin or the issue I raised.
Thanks Shag.
I read Stevens' review and saw part of a CSPAN segment with the author of the book. It's good that you are keeping up with your elders.
I have not read the immediate criticism you cite but JB has long been a critic of Stevens, including finding it somehow unethical for Stevens to write and comment as he now is, in part since JB for some reason doesn't really think Stevens is "retired."
I have noted that (though it does not satisfy Bret that I'm rational) my disagreements with Stevens' amendment book, but JB is a bit insufferable on criticizing Stevens.
The failure to take any 2A case after Heller/McDonald is overly passive imho. I'm reading the book "Cruel and Unusual" by John Bessler, a work on the death penalty, including the "original understanding" of it.
It is interesting if a bit long-winded at times. It can be see as part of the ongoing enterprise of using history to help promote what can be seen as liberal causes, though not only liberals have been against capital punishment over the years.
ETA: I'm interested what would occur, especially with Scalia hunting partner Kagan, when the USSC finally does take a case to clarify certain 2A/14A gun questions.
I wish not to overload Shag, but since the author was on Colbert recently, perhaps he would be interested in Allison Orr's article on Supreme Court use of amicus "facts."
[link to her page included which includes bibliography]
She also wrote about use of "facts" in the past. It is germane to the overall conversation here. Enjoy your weekend all and go KC!
I did see the Allison Orr segment on the Colbert Report and was tempted to download her SSRN article but 50+ pages competed with shorter articles I planned to read. I still may download the article as the subject is interesting, to wit, the Court accepting "facts" provided by amici not in the lower court records. Both conservative and liberal Justices are so violative.
By the way, Stevens' review did not reference Heller and McDonald since these cases did not basically involve statutes, the subject of Judge Katzmann's book.
A fair amount of my law practice dealt with the Internal Revenue Code and in my experience the legislative history on the many tax laws enacted during my career was critical to understanding federal tax laws.
And in case Justice Kagan plans on hunting with Justice Scalia, she perhaps should be aware of my:
In that duck blind
Lady Justice unveils
Her traditional blindfold
For these bonding males:
Scalia and Cheney,
Shotguns at attack,
Taking aim at Justice,
Posted [originally] by: Shag from Brookline at March 23, 2004 07:28 AM"
Hopefully Scalia's dicta in Heller may prevent his emulating Dick Cheney's treatment of a friend.
I assume that our myopic CO gasbag chose with care (as a self-avowed textualist) his use of the word "nice" to describe the Republic that he claims has not been kept. Yes, slavery predated the Republic formed by the Constitution/Bill of Rights in the timeframe of 1787-1791. But slavery grew quite rapidly even after 1808 as America expanded, leading eventually to the Civil War, which was not a "nice" war. And Jim Crow followed for about a century after the Civil War Amendments with remnants to this day. The Republic that Boston Boy Ben Franklin referenced was not "nice" for a lot of people in addition to slaves and former slaves and their progeny, such that "ladies' day" may carry the day for liberals/progressives this November.
Slavery was a holdover from the prior monarchy and is by definition the antithesis of a democratic republic enforcing the rule of law.
Our Republic began as a compromise to achieve partial freedom, which we expanded to more an more people as time went on.
Yes, our Republic was "nice" when compared with the prior monarchy while slavery existed and far "nicer" when we abolished Democrat slavery and Jim Crow.
However, that Republic is fading rapidly as our democracy gives way to a bureaucratic and judicial dictatorship.
"Slavery was a holdover from the prior monarchy"
Odd then that our more free Republic allowed slavery considerably longer than that monarchy did.
I have finished reading Gunther's article and will provide comments later on. For now, I wish to point out that the quote provided by Gerard is a portion of the "ultimate" - i.e.closing - paragraph of the article. Here's what was omitted from the beginning of that paragraph:
"Bickel fears the conclusions drawn from 'the premise of an obligation always to decide.'155 There is no such obligation if that obligation is thought to require decision of the broadest constitutional questions at every opportunity. There is legitimate discretion not to review, as in the certiorari jurisdiction; there is not only discretion but obligation not to decide the broad constitutional question if narrower grounds of decision are available."
"155. Ibid. Bickel traces this premise rather tortuously to Marshall. See, e.g., pp. 118-19. For another example of questionable attribution to Marshall, see the discussion of "Political Warfare and the Uses of Decisions of Courts," pp.254-72. Bickel draws from Marbury v. Madison, 1 Cranch (5 U.S.) 137 (1803), the notion that the Court's 'doctrines are not to be questioned,' by citizens or by other departments of government. P. 264. That confuses Marshall's assertion of judicial authority to interpret the Constitution with judicial exclusiveness; that confuses Marbury v. Madison with statements in the Little Rock case, Cooper v. Aaron, 358 U.S. 1, 17-19 (1958)."
For completeness, footnote 156 is at the end of this paragraph:
Whether the omissions impact the context of what Gerard did quote may not be clear. But Gunther's article was a strong critique of Bickel's views in the latter's book and earlier article on "Passive Virtues." Bickel was no friend of the Warren Court.
I haven't checked to determine if Gunther is alive. But it is not clear to me that Gunther would appreciate his quote being used to criticize the current Court on declining to grant cert on any of the SSM cases. I'll have more to say on this later.
Our myopic CO gasbag demonstrates once again that he was not an English major as he trips over "nice" and adds "nicer." Imagine how short-lived that "nicer" period (beginning in 1954 with Brown v. Bd. of Educ.?) was compared to the over 160 years of the prior "nice" period of our Republic that we may be losing because " ... that Republic is fading rapidly as our democracy gives way to a bureaucratic and judicial dictatorship." Quelle fromage?
Our myopic CO gasbag's comparatives:
"Yes, our Republic was 'nice' when compared with the prior monarchy while slavery existed and far 'nicer' when we abolished Democrat slavery and Jim Crow."
reminded me of what Tonto said to the Lone Ranger in response to the latter's concerns about being surrounded by Indians: "What you mean 'we' ...."
And once again our myopic CO gasbag ignores the history that the supporters of "Democrat slavery and Jim Crow" became the base of the current Republican Party following Brown v. Bd. of Educ. and the 1960s Civil Rights Acts, as the Republican Party was no longer the party of Lincoln.
BD: "Slavery was a holdover from the prior monarchy"
MR. W: Odd then that our more free Republic allowed slavery considerably longer than that monarchy did.
Democrats were a far tougher lot to overcome than the English royals and parliament. You may recall a kerfuffle called the Civil War.
I was being generous including you in my "we."
You unreconstructed progressives still support government racial discrimination.
You may also note that the GOP has never offered a policy of government racial discrimination, no matter the geographical location of its voters.
R.I.P. http://www.nytimes.com/2002/08/01/us/gerald-gunther-legal-scholar-dies-at-75.html
The reference to republicanism leads me to note that some (e.g. Cesare Beccaria, Benjamin Rush) argued the death penalty violated republican principles. Some saw (see) it as a "monarchical" and/or "despotic" institution.
Our myopic CO gasbag's:
"You may also note that the GOP has never offered a policy of government racial discrimination, no matter the geographical location of its voters."
ignores the recent history of GOP voter ID laws both in the former slave states and even in Wisconsin. Check out this link to the NYTimes editorial today:
And consider the Court's reaction to Wisconsin's ID laws, which our myopic CO gasbag might describe as another example of " ... that Republic ... fading rapidly as our democracy gives way to a bureaucratic and judicial dictatorship."
Thanks for the link to the obituary that I have downloaded/printed to keep with Gunther's article. I'll have more to say on the subject of Gerard's post.
Voter ID laws apply to everyone and are intended to keep those who may not legally vote (such as foreign aliens, etc) from illegally casting ballots.
Sorry, you progressives have a complete monopoly on government racial discrimination.
Our myopic CO gasbag fails to recognize that slaves could not vote, that even after the Civil War Amendments Jim Crow laws limited the ability of blacks to vote, especially in the former slave states; that it took the 19th Amendment ratified in 1920 to give women the right to vote. There was no need for voter ID laws back then as being a while male was enough (speaking of white male aliens impersonating voters before becoming citizens). And blacks and women could for the most part be be easily identified by appearance to keep them from voting by lawful means and otherwise. It is the fear of the GOP with its bases of former southern democrats and the Tea Party that blacks and perhaps women are voting for Democrats and voter IDs are a method of reducing this. Imagine Gov. Walker justifying voter ID laws even if only one person may be voting illegally. (I wonder if Walker ever heard of cost/benefit analysis. Now the GOP bases of what is no longer the Party of Lincoln are showing their true colors, fearing the changing demographics - which may result in the "nicest" Republic yet.
Those interested might take at look at Commentary's "The Lost Greatness of Alexander Bickel," 3/1/12 by Adam J. White, especially for the praise bestowed on Bickel by conservative George Will. But that was before the recent declination by the Court to grant cert on any of the SSM cases. I guess it depends on whose Gore is being am-Bush-ed, or vice versa.
Shag: There was no need for voter ID laws back then as being a while male was enough...
There was an enormous need for voter ID (and registration) back then. Non-citizen immigrants voted freely and many political machine voters cast multiple ballots.
There is a humorous scene from the film Gangs of New York portraying this all too real practice:
BTW, I have to disagree with your suggestion that female and African American Democrats are too lazy or stupid to obtain IDs to vote (not to mention being necessary to conduct many other normal activities of life).
These laws are aimed at foreign aliens.
Our myopic CO gasbag's:
"These [ID] laws are aimed at foreign aliens."
besides redundancy demonstrates his ignoring the GOP strategy spelled out by the GOP legislators passing such laws. No, these ID laws are aimed at citizens that the GOP doesn't want to vote. And his falsely attributing a suggestion I did not make really constitutes his views and beliefs, as he desperately fears the changing demographics that would make him even less of a lowlife than he is.
Remember, our myopic CO gasbag chose the word "nice" because he probably actually believed we had a "nice" Republic even though it wasn't so "nice" to slaves, women, the indigenous and poor unpropertied whites.
"Democrats were a far tougher lot to overcome than the English royals and parliament. "
Particularly those Southern Jeffersonian ones going on about state's rights...Who does that sound like in contemporary politics?
"I have to disagree with your suggestion that female and African American Democrats are too lazy or stupid to obtain IDs to vote"
So you don't subscribe to the idea that government imposed requirements are often harder for groups with less resources and familiarity with navigating bureaucracies to overcome? Isn't that the idea why government regulations are supposed to be so harsh on small businesses (as opposed to their larger corporate counterparts)?
"You may also note that the GOP has never offered a policy of government racial discrimination"
The Republicans in charge of Congress during Reconstruction must not count.
Voter ID laws are hardly new and did not stop Barrack Obama's outstanding GOTV effort from turning out record numbers of both women and African Americans.
Voter ID is aimed at foreign aliens.
BD: "I have to disagree with your suggestion that female and African American Democrats are too lazy or stupid to obtain IDs to vote"
Mr. W: So you don't subscribe to the idea that government imposed requirements are often harder for groups with less resources and familiarity with navigating bureaucracies to overcome?
Think about that argument for a moment.
More than any other group of Americans, single female and African American Democrats disproportionately make up the population of government welfare state dependents. The only group more familiar with navigating bureaucracies than these Democrats are administrative lawyers.
Isn't that the idea why government regulations are supposed to be so harsh on small businesses (as opposed to their larger corporate counterparts)?
Getting a photo ID is nothing remotely like complying with a Federal Register of 170K-plus pages.
BD: "You may also note that the GOP has never offered a policy of government racial discrimination"
Mr. W: "The Republicans in charge of Congress during Reconstruction must not count."
Transition assistance for former slaves (not African Americans freemen and women) is not government racial discrimination.
I find discussions such as Mr. W's article useful if somewhat incomplete to answer current questions. They are useful to deal with the broad claims of certain originalists and others.
The article notes how "blacks" -- not just newly freed slaves -- were covered by various provisions. Rather familiar concerns about 'class' legislation or "what about poor whites" etc. were made and rejected. The political parties making the arguments were generally switched though.
The case was easier, especially in Southern states, given the fairly recent nature of slavery and Jim Crow type legislation even in the North. Blacks as class was more clearly burdened. But, just how much things have changed is in unclear when well off blacks still are subject to "Driving While Black" etc.
One interesting tidbit is the reference to the "organic law," the Declaration of Independence by some when arguing that equal protection was mandated by the federal government. Slavery as noted violates the ideals of republican government but an equal protection component -- however unevenly applied -- was understood by many long before the 14A. Self-evident even.
This was, as noted in Bolling v. Sharpe (cited in the article), recognized before the 20th Century in the courts as well. Thus, one 1896 opinion of the USSC noted in dicta:
that the Constitution of the United States, in its present form, forbids, so far as civil and political rights are concerned, discrimination by the General Government, or by the States, against any citizen because of his race
As to the "obligation to decide" SSM, to be more germane, Prof. Dorf had more to say:
"single female and African American Democrats disproportionately make up the population of government welfare state dependents. The only group more familiar with navigating bureaucracies than these Democrats are administrative lawyers."
If true, I don't think your conclusion follows, since 1. the disproportionate use is likely a factor of disproportionate need as much as, if not more than, savvy at navigating the bureaucratic procedures and 2. there are no government agencies that I'm aware of with the mission to help people get voter IDs like there are for many government programs.
"Getting a photo ID is nothing remotely like complying with a Federal Register of 170K-plus pages."
That's facetious since we're talking about a single requirement versus all requirements. When it comes to any single government requirement concerning businesses we're told by conservative and libertarian groups that it will fall more heavily on the smaller, less savvy businesses, but somehow that general rule miraculously does not apply with navigating the various departments of health, social security and motor vehicles/registrars that exist for getting these approved voter IDs.
"Transition assistance for former slaves (not African Americans freemen and women) is not government racial discrimination."
You should read the article before dismissing it, especially the part about the relief measure of March 16th, 1867 made for "for the relief of freedmen or destitute colored people" period.
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Mr. W:
A business has to comply with all federal, state and local regulations applying to it. Determining all of those regulations, nevertheless complying with them all, is nearly impossible for a small and even medium businesses. Nearly all businesses are in violation of some regulation.
In comparison, getting a photo ID consists of going to the DMV and waiting.
You should read the article before dismissing it, especially the part about the relief measure of March 16th, 1867 made for "for the relief of freedmen or destitute colored people" period.
This relief bill to which you quote applied to the multitude of freed and escaped slaves from the South who made their way as refugees to the District of Columbia during the war.
Your article's thesis that the Congress who enacted the EPC of the 14A also enacted legislation for the relief of African Americans but not whites in the South, thus providing a legal basis for modern government racial preferences is misplaced.
The distinction the victorious union Congress made with its Reconstruction legislation was not between black and white per se, but rather between former slaves and rebels. The Union had just fought a very bloody war against the latter to free the former. The radical Republicans had little sympathy for or an inclination to spend money on the rebels.
Our myopic CO gasbag fears "foreign aliens" in his mostly lily white* CO mountain top community, located some distance from the the Atlantic and Pacific Oceans and Mexican and Canadian borders to support the need for ID voting laws. The "foreign aliens" threat in CO consists of visitors, mainly whites, seeking the joys of "whitey crack" for recreational purposes of course. Perhaps with the coming Nov. elections CO should be more concerned with voting under the influence of ganja. Perhaps drug tests should be required in addition to IDs to avoid Rocky Mountain highs.
*I'm not quite sure how the "one drop" rule might apply, especially for those claiming some indigenous ancestry, but I have reservations on that.
This post by Gerard has inspired me to readings beyond Gunther's article. As I read the article, I had the impression that Gunther was a liberal responding to the conservative Bickel's book and earlier writing that it was based upon. I had taken ConLaw in the Fall of 1952 and the subject matter of Gunther's 1964 article was not a matter I was that familiar with as I was establishing my law practice. I knew a fair amount about Bickel at the time, particularly as he had clerked for Justice Frankfurter in the early year that Brown v. Bd. of Educ. was before the Court, much more than I knew about Gunther until I read the obituary that Joe provided a link to confirming Gunther's liberal creds, including his clerking for CJ Warren in 1954-5 after clerking for Judge Learned Hand. Justice Ginsburg paid high tribute to Gunther relative to her career first clerking for a federal judge (unusual for a female back then), her stint with ACLU (of which I was a proud card carrying member) and then with the Court hopefully continuing until at least after the 2016 elections.
Frankfurther was appointed to the Court by FDR. Earlier this year I had read Sujit Raman's "Felix Frankfurter and his Proteges: Re-examining the 'Happy Hot Dogs.'" This article focused on Frankfurter's academic career and his role in the New Deal as a confidant of FDR - but not his role on the Court when FDR nominated him.
And I just finished reading Melvin L. Urofsky's "Conflict Among the Brethren: Felix Frankfurter, William O. Douglas and the Clash of Personalities on the United States Supreme Court," Duke Law Journal Vol. 1988:71-113. Urofsky has a marvelous sense of humor and I have enjoyed several other articles of his over the years. ConLaw is not Rocket Science, despite efforts of some - too many - Justices, judges, ConLaw Profs - to ignite too many rockets that end up fizzling out.
So, Bickel clerked for Frankfurter in 1953 and wrote a memo at the latter's direction in an effort to delay a decision on Brown v. Bd. of Educ. Bickel was an acolyte of Frankfurter and delivered what the latter was looking for, thus delaying the decision in Brown until after CJ Warren was installed. While the Brown decision was unanimous, Frankfurter's judicial conservative philosophy (despite his appointment by FDR and his role in the New Deal) perhaps might have been a tad discomforted with the decision, while recognizing the importance of unanimity.
I'll pick up on this in later comments as I have some personal commitments to attend to later today. But I would like to let Gerard know that i am grateful for this post even if, in my view, Gunther might have objected to Gerard's use of the article with respect to SSM. Also, Gerard, both here and at his CC blog, tosses out thoughts that might lead to an article or a book. One area involves the Bill of Rights. If Gerard hasn't read Urofsky's article, he might find relevant information for that project. Also, I am aware that Gerard had clerked and perhaps might consider this premise of mine:
"That a clerk for a Justice or Circuit Court judge is like the apple that does not fall far from the tree."
Gerard has his personal views of his experience and the impact on his legal academic career but I am interested in an empirical analysis of clerks, including those who "tried" to shape the views of a justice/judge and/or went on in legal academia with contra views. In my view, Bickel was an example of an apple.
Gerard's paternity leave may provide time from diaper changing to address my thesis, but making sure he washes his hands carefully to avoid two personal situations when my hospitalization was required; we had four children under four and all in diapers at the same time. But paternity leave was not in vogue at the time. So perhaps Gerard, with apologies to Mrs. Gerard, should look forward to more paternity leaves in the future to enhance his writings.
Regarding my proposed clerk project for Gerard,
I should have mentioned that Gunther wrote a well received bio of Judge Learned Hand for whom he clerked back in 1953. I have had the bio in my home library and have only done spot reading so I don't know if Gunther qualifies as an apple in clerking for Hand. The obituary included CJ Warren's praise for Gunther as his clerk in working on the unanimous decision of the Court in Brown. Hand was not fond of the decision in Brown and was friendly with Frankfurter over the years. (I don't plan to read the bio from cover to cover as my age and one good eye are limiting. But Gerard should have plenty of time between diaper changes during his paternity leave to do justice to this suggested project.
There's a considerable number of regulations that apply to businesses, but by that token there is no reason to narrow the focus to just the ID requirement in election law, there's lots that every voter must face. The libertarian idea that regulation falls more heavily on those with less resources and familiarity with the bureaucracy doesn't depend on the sheer number of regulations.
BTW-, if you don't have the now required documents to get an ID from the DMV there's considerably more at issue than going there and standing in line.
"The distinction the victorious union Congress made with its Reconstruction legislation was not between black and white per se, but rather between former slaves and rebels."
Actually, they often included Southern whites in relief measures. But sometimes, as the article notes, they did not, singling out measures for freedmen AND destitute BLACKS, period. The same Congress that drafted the 14th btw.
I wonder just how few whites today with pride in their southern roots can trace their ancestry to actual slaveowners back in the South's glory days of slavery. I would suspect that more blacks today can trace their ancestry to actual slaveholders. Back in the South's glory days of slavery, most whites in the South were non-propertied, particularly in the category of chattel slavery. The free labor provided by the slaves competed with these poor whites, who could take pride in not being slaves (wink, wink) despite being negatively impacted economically by slavery. Slaves developed artisan skills over the years dispacing the need for white artisans, at least on the plantations.
As to our myopic CO gasbag's mis-history of Reconstruction, perhaps he will concede that the Republican Party of today (post Brown v. Bd. of Educ. and the 1960s Civil Rights Acts) is no longer the Republican Party of Lincoln.
Gunther's critique of Bickel focused on Bickel's approval of the Warren Court's "punting" in the case of Naim v. Naim (1957) just 2 years after the Warren Court's unanimous decision in Brown v. Bd. of Educ. Naim challenged anti-misegination laws and should perhaps have been a slam-dunk (my term, not Gunther's) after Brown. It took Loving v. Virginia in 1967 to put down anti-misegination laws. As to why the Warren Court "punted" in Naim 10 years earlier, perhaps it was appropriate because of the reactions to Brown in the former slave states. All deliberate speed perhaps had to be deliberate due to the challenge of Brown to Jim Crow laws since Reconstruction and the Court's Plessy v. Ferguson decision in the late 18th century. (Both Jack Balkin and Sandy Levinson have written extensively and wisely on Brown, including what Brown might/should have said.)
The 2012 Commentary article in praise of Bickel was based upon the activism of the Warren Court as perceived by conservatives* such as George Will. Now the complaint of the conservatives* seems to be that the current Court is passive while SSM is steamrolling and is no longer deliberate. It's a shame that Finley Peter Dunne's Mr. Dooley is not around for commentary. Fortunately we have Jon Stewart and Stephen Colbert.
But I don't think that Gunther would approve of Gerard's partial quote as supporting the inaction of the Court today on SSM. In due course, the Court may indeed address SSM via a per curiam decision. For the present, perhaps Justice Ginsberg - who admired Gunther - said it best in her recent out of Court comments.
*Many of these conservatives even back in the early years of Brown but more so today are made up by former Democrats from the former slave states making up the base of the current Republican Party.
Here's another project to be considered by Gerard or others:
A comparison of Justice Scalia's role on the Court today to Justice Frankfurter along the lines of Prof. Urofsky's 1988 article on Frankfurter and Justice Douglas.
The citation of Naim v. Naim leads me to add a few words.
I think the "common law" idea of case by case development of constitutional law (Judge Ginsburg supported this during her confirmation hearings, using an example of how her circuit did this to decide 4A questions bit by bit), to "'get it right' and 'keep it tight.'"
I do think at some point the USSC should take the SSM cases, but push comes to shove, one year after Windsor, it is not horrible that they are not.
Gradualism can leave in place in the short term horrible law. But, Brown et. al. showed turning horrible law around is akin to turning a tanker.
Also, though we see racial discrimination as a united whole, it simply was not in the past. For instance, even Justice Harlan, the dissenter in Plessy, felt public school segregation different:
"Of course, what I have said has no reference to regulations prescribed for public schools, established at the pleasure of the state and maintained at the public expense."
BEREA COLLEGE v. COM. OF KENTUCKY (racial integration in a private college not protected)
Justice Jackson in an unpublished concurrence to Brown noted that over time education became so essential to citizenship etc. that the old path was no longer sound. It was no longer mere "social" in nature. And, even there, as seen in Loving, "social" discrimination was no longer seen as acceptable.
The original understanding on the whole, with limited dissent, was that interracial marriage was not covered. Harlan went along with the sentiment that "evenly applied" race based laws were acceptable there.
There is also the prudential concerns about the strong public reaction to overturning such bans (miscegenation perhaps first came to the fore as a major public bugaboo during the election of 1864, used against Republicans, most of whom joined with Lincoln in denying they were for the right to that sort of thing).
Constitutional principle might eventually lead to broad decisions but it is not inappropriate for the Supreme Court, especially with its discretionary doctrine, to not decide all things at once.
Or, one year after they decided a more narrow ruling.
Speaking of the once Republican Party of Lincoln, take a peek at Timothy S. Huebner's "The Death of Roger Taney" in today's NYTimes.
The Daily Show last night featured a most sobering extended interview of Bryan Stevenson on his book "Just Mercy."
The Sunday NYTimes Book Section includes reviews of: (1) "Just Mercy," by Bryan Stevenson and (2) Xephyr Teachout's "Corruption in America." I've downloaded these reviews to read before I start yelling at the Sunday Talk Shows' "usual suspects."
On "Last Week Tonight" John Oliver attempts to put the Court in dog houses for not permitting oral arguments to be televised. Will the public - or the Justices - go viral with the show's new website? Perhaps our constitutional scholar bloggers may be expected to comment on the selection of dog breeds for the respective Justices as a demonstration of bias. But can they really object to the bulldog selection?
Gunther's article criticizes Bickel's "passive virtues" with respect to Baker v. Carr, the Court 1962 6-2 decision that gave us "one person, one vote." But as Gunther points out in his 1964 article, the lower Federal courts seemed not to properly applying the decision in Baker v. Carr, suggesting that under the circumstances the Court should have taken steps, via appeal, cert, to address this failure of the federal courts. Justice Frankfurter dissented vigorously in Baker v. Carr. So Bicker as a former Frankfurter clerk demonstrated consistency.
The greater discussion should address the declining numbers of cases taken/decided by the Court in more recent years. There are many important constitutional issues than SSM that could be addressed by the Court to better guide the lower courts.
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Books by Balkinization Bloggers
Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019)
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
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text:
New Executive Director Named for the Georgia Health Information Network
Atlanta, Georgia (October 30, 2013) – Dr. Denise Hines has been named Executive Director of the Georgia Health Information Network (GaHIN), a public/private collaborative establishing Georgia's statewide health information exchange. Her company, eHealth Services Group, has also been engaged to provide the staffing needed to support the nonprofit's mission and activities.
As Executive Director, Dr. Hines will manage the day-to-day operations of GaHIN while continuing in her role as chief executive officer of eHealth Services Group. Dr. Hines has more than two decades of healthcare experience in a variety of healthcare settings, including health systems, physician offices, home health, technology vendors, consulting, state government, and revenue management.
"We are excited to have Denise at the helm. With her past accomplishments and vast HIT experience, the board is certain that GaHIN will continue to be an effective and successful organization," stated Dennis L. White, CEO of GaHIN.
GaHIN seeks to foster a healthier Georgia through the exchange of electronic health information. The nonprofit GaHIN works closely with the Georgia Department of Community Health and the Georgia Health Information Regional Extension Center to enable the statewide electronic health information network, providing governance; project management; policy development; business and financial planning; technical infrastructure development; marketing; and stakeholder engagement.
Dr. Hines, a nationally recognized expert in state government health information exchanges, was responsible for overseeing and managing the marketing and outreach recruitment of more than 5,200 healthcare providers and 56 critical access and rural hospitals, assisting these providers in meeting meaningful use requirements and qualifying for the CMS EHR incentive program.
She participated on Georgia's HIE Strategic and Operational Plan writing team and served as the co-chair of the HIE Governance Committee. She successfully launched Georgia's first comprehensive health information transparency and health information exchange website. Dr. Hines served as the first Executive Director for the GA HIT Advisory Board and created Georgia's two-, five-, & 10-year strategic plans for health information technology. She also created and implemented the Georgia Health Information Exchange Grants Awards Program that awarded $1,800,000 in grants in the first and second years.
As President of the Georgia Chapter of HIMSS, she was named the 2012 HIMSS Chapter Leader of the Year and GA HIMSS was named Chapter of the Year. She represents Georgia on the National HIMSS Public Policy Committee and is currently nominated as a candidate to serve on the National HIMSS Board of Directors.
She has a Doctor of Health Administration from the College of Health Sciences and Nursing, and a Masters of Science-Health Care Policy & Administration from the Stetson School of Business and Economics. She received her Bachelor of Science in Health Care Administration & Policy from the School of Allied Health in Albany, Georgia.
"Denise is an excellent choice to serve as Director of GaHIN. She has great credentials and an impressive health IT background. I am looking forward to working with her and I am confident that she will provide the leadership needed to ensure a successful future for the organization," Kelly Gonzalez, Georgia State Health IT Coordinator, said.

subset: commoncrawl


text:
Because traditional real estate brokerages take a lot of extra money from their agents in the form of commission splits and other fees. At REeBroker Group, agents only pay $500 or 10% (whichever is less) plus a risk management (includes E&O) fee of $135.00 (fees stated are based on a sales price up to $1M and single agency).
A valid California Real Estate Salesperson or Broker's license.
When the Broker certifies your change of employment on the DRE website, we will notify you and then you may begin working under our license. Certification is generally completed the same business day.
Absolutely nothing. Simply fill out the application online and you will become our agent/broker associate in less than one business day.
There is a risk management fee of $135.00 (fees stated are based on a sales price up to $1M and single agency) per closed transaction. This fee includes the costs of E&O insurance and other risk-management costs.
You will only pay $500 or 10% (whichever is less) plus a risk management (includes E&O) fee of $135.00 (fees stated are based on a sales price up to $1M and single agency). The remainder of the commission is yours.
With an accepted file and broker permission, you may be paid directly, as soon as escrow is closed.
Yes. You are free to set your own sales commissions, as low as $2000 or lower if the broker office's written permission is obtained. The Broker fee will be calculated based on 3% agent commission.
Yes. As long as the following requirements are met: 1. The credit must be disclosed in writing to all parties involved in the transaction 2. Credit/rebate must be done through escrow and stated on the final HUD.
Yes. As long as your marketing materials have our trademark logo and your DRE license number, you are free to purchase them from wherever you choose. If your marketing material contains more than basic contact information, Broker's approval is required.
Yes. You are free to select the services that best suit your needs.
REeBroker Group is a member of the C.A.R., NAR, and many local boards. Each agent is required to obtain their own MLS access. Please inquire with your local Board of REALTORS® about MLS access and/or membership costs, dues and requirements.
In addition, we offer an MLS only option where you can save on local, C.A.R. and NAR dues while still having access to view and list properties on the MLS, as well as access to the key and lock box system.
Click this link to view our current memberships
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For our local agents, we provide a computer and conference area that may be used during our normal office hours Monday - Friday 8-5pm. The conference room is available by appointment only and the agent workstations are first come, first served.
Yes, an agent is entitled to charge a transaction fee to a buyer and/or seller. These fees are negotiable; rates can vary and must be agreed upon with the client in writing. As an example the agent may charge a client for holding an open house, document preparation, clean up, broker's office fee, transaction coordinating, marketing and other fees. The fee must be paid through escrow and stated on the HUD.
No fee can be collected before or after the close of escrow and/or accepted directly by the agent.
Click HERE to follow our easy application steps.
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text:
Revisiting the issue of neighborhood commercial district property tax methodologies
According to a post on the Chevy Chase listserv (I don't subscribe but it was re-posted to the Takoma listserv--the entry is reprinted at the end of this post), Councilmember Tommy Wells testified to the City Tax Revision Commission, suggesting that a commercial property tax discount be offered to long time "independent" retailers.
It's a worthwhile gesture and good and populist to suggest providing tax discounts to "long time" "independent" retailers, but such an initiative misses the most important point, which is that the commercial property tax assessment methodology that the city employs "overprices" neighborhood commercial real estate more generally.
This matters to new businesses as much as it does old ones, and is why for decades neighborhood commercial districts have lagged in comparison to Downtown and regional districts like Georgetown and Dupont Circle.
Had the proposal been outlined in this manner, likely Commission members wouldn't have been able to express as much skepticism, and pointed commentary about some of the more arbitrary elements of the proposal.
It happens that I used to testify about commercial property tax assessment methodologies in the city and the negative impact on neighborhood commercial districts quite regularly from say 2005-2007 (and was quoted in an article by Post writer Paul Schwartzman on the subject, "Feeling the Pinch Of D.C.'s Prosperity," and had a letter to the editor in response to the article, "Tax Policy Hurts D.C.'s Local Businesses") but given that the points I made were systematically ignored by CM Evans and then Chairman Cropp, I stopped. These entries are representative of the argument:
- Avoiding the real problem with DC's property tax assessment methodologies
- Testimony -- Historic Neighborhood Retail Business Property Tax Relief Act
- Forcing Displacement by the disconnection of tax assessment models from public policy goals
- Displacement of retail businesses through increasing property tax assessments
The basic problem (speaking of "Growth Machine" theory) is that the real estate market in the Central Business District is not a local market, but a market comprised of national and international actors as developers, financiers, and owners. This tends to shape the method for how commercial property is valued and assessed across the entire city, not just downtown.
Some national actors get involved in other submarkets where they might not ordinarily (e.g., Federal Realty owns property in Dupont Circle and Cleveland Park, among other places) which raises prices, but generally, all of the commercial property tends to be valued as if it could be a downtown office building owned by a German pension fund. This makes the property more pricey.
So in DC, even in lagging areas, the minimum asking price for retail space in a neighborhood commercial district is at least $35/s.f., and often for a building that needs lots of rehab, which the tenant is expected to pay for as well.
By comparison, rents in thriving traditional commercial districts in places like Carytown in Richmond, Downtown Frederick, or Hampden in Baltimore is $25/s.f. or less. (In lagging commercial districts in other cities, including Richmond and Philadelphia, rent can be closer to $15/s.f., which is what touches off innovation in those places.)
In short, it's all about the rents, which are set in large part by the carrying costs of the building. The rents metric is explained in this entry about Cleveland Park:
- Commercial retail rents #2, which was a follow up to this post, Cleveland Park Retail: My off-hand evaluation, the rents are too high.
But politics is more about helping individuals and using individual stories to justify a particular policy, rather than to systematically assess a problem and figure out how to address it systemically. I guess I will submit some testimony to the Tax Revision Commission...
My letter in the Post from July 25, 2007
Tax Policy Hurts D.C.'s Local Businesses, Richard Layman
A July 20 Metro Article ["Feeling the Pinch of D.C.'s Prosperity: Small Businesses Cry Out for Relief From Rapid Rise in Property Taxes"] inadequately explained why tax assessments are rising for small commercial property owners in the District.
Regardless of buildings' locations and use, the D.C. Office of Tax and Revenue values commercial buildings as if they could be converted into downtown office buildings. If the purpose is to turn the entire city over to office buildings and retail chains, then this property tax assessment methodology is working.
The market for downtown property is not local; it involves national and international developers, lenders, and portfolio investors. The market for small-footprint buildings in neighborhood commercial districts is local--in terms of property owners, investors, tenants, sales potential and rents. The solution is simple: differentiated tax assessment methods.
The legislative focus on property tax abatements or tax caps fails to address this fact.
As a result, locally owned businesses will continue to close or relocate to the suburbs, while more and more of the retail identity and uniqueness of the District is lost and the city's retail landscape becomes reshaped into yet another mall, albeit outdoors, featuring national brands.
The Chevy Chase listserv piece
From: Edward Cowan
To: chevychasecommunity listserv@ yahoogroups. com
Sent: Tuesday, May 21, 2013 9:12 PM
Subject: [ChevyChase] Neigborhood Tax Incentives Pose Issues
Council member Tommy Wells (Ward 6) encouraged the Tax Revision Commission on Monday to recommend the adoption of reduced real property taxes for independent, neighborhood businesses, especially in turnaround neighborhoods.
Wells announced last weekend that he will run for mayor in the 2014 Democratic primary. That made him the second declared candidate from the council' s ranks, in addition to Muriel Bowser (Ward 4).
Arguing for tax discrimination in favor of locally owned, nonchain businesses, Wells put this rhetorical question to the 11-member commission: should a smaller neighborhood- based business pay the same tax rate as retail on K Street downtown?
Acknowledging that DC law now levies a lower rate on the >first $3 million of assessed value of commercial properties, Wells urged the commission to favor an even lower tax for "neighborhood- based retail business and job creators."Wells said that commercial renters, not the property owners, effectively pay the property tax under standard lease terms.
This populist tilt sounded like a harbinger of a campaign theme.
Real Property Taxes Now
Nonresidential property is taxed now at $1.65 per $100 of assessed valuation (1.65%) up to $3 million of assessed value, and at $1.85 (1.85%) on value above $3 million.
Residential property is taxed at $0.85 (less than 1 percent) for each $100 of assessed value after the homestead exemption, 69,350 in 2013, has been subtracted from assessed value.
The effect of the exemption is to make effective tax rates (taxes divided by assessed value) vary inversely with the value of the property--a form of "progressive" taxation.
Whether such classification distinction between categories of property is a good idea was the topic of expert testimony given later in Monday's session. "I'm not wild about classification," said Daphne A. Kenyon, an expert witness from Windham, NH.
She observed that taxing commercial property at a higher >rate "can drive business away."That elicited a rebuttal from Ed Lazere, who heads the DC Fiscal Policy Institute. He argued that DC business has thrived. Lazere generally opposes tax relief for business and upper-income people.
Commissioners Question Disparate Treatment
Wells ran into resistance from economists on the commission, notably David Brunori, a research professor at George Washington University. He invoked the bedrock principle of public finance that the primary purpose of taxes is to raise necessary revenue--and to raise it as efficiently as possible, causing the fewest distortions in the economy.
Fitzroy Lee, who heads the District' s Office of Revenue Analysis, also asked Wells about inequities that arise from tax preferences, that is taxing similarly valued properties, sometimes side-by-side, differently. Taxing them roughly equally is called "horizontal equity," and it is deemed a virtue among public finance experts.
When Brunori asked Wells whether his strategy was to have government "pick winners and losers,"� Wells avoided a direct yes-no answer.
Later, as Brunori pressed him on a technical tax question, he replied--dismissively, it seemed, "As I said, I'm a social worker, not an economist."
Cites NoMa as Success
In arguing for the efficacy of tax incentives, Wells cited tax concessions offered under former mayor Anthony Williams (who heads the Tax Revision Commission and presided on Monday) for the development of the bustling NoMa neighborhood north of Union Station.
He said tax concessions might be time limited, and he acknowledged that sometimes tough choices presented themselves, such as denying a break to a liquor store and awarding one to a grocery, when both are locally owned. Wells said that he thought incentives might be offered not only in recovering neighborhoods, such as H Street NE, but even in "built- out" neighborhoods, such as Ward 3." He did not address the fairness of giving a tax concession to a new enterprise which is challenging one that is well established and doesn't qualify for preferential treatment.
Wells opened his presentation by recounting in glowing terms the commercial renaissance of H Street NE in the past few years. He did not mention that the new "corner markets, fitness studios, pharmacies, restaurants and hardware and furniture stores" that have "created nearly 1,000 jobs" and made the neighborhood "walkable" had sprung up without the tax incentive he advocated.
However, his staff later pointed out that the District government had given "grants and loans" to H Street enterprises, assessment reductions and extensions of time to pay taxes.
Two Points of View
Wells argued that even in "built- out neighborhoods, ">encouraging local retail of necessary goods and services--groceries , hardware, dry cleaning, pharmacies-- serves the whole city by diminishing the need for residents to use their cars to do their shopping. In this he aligned himself with the Administration, which has stressed walking and bicycles over cars--and whose leader, Mayor Vincent Gray, may run against Wells and Bowser in the 2014 primary.
As several questions by commission members indicated, economists who specialize in public finance shy away from using the tax code for "targeted"; social and economic purposes, what conservatives disapprovingly call "social engineering. "One reason is the desirability of simplicity. Keeping the tax code relatively simple makes it easier for people to pay their taxes without hiring an expert, and reduces friction between taxpayers and the tax collection authority.
Other reasons include treating similarly situated taxpayers equally, avoiding situations-- such as applications for preferences and extensions of them--that invite corruption. A third argument against "targeted" preferences is that they may outlive the facts that justified awarding them.
In addition to avoiding tax complexity, some economists favor subsidies that the legislature must vote for annually, which keeps debate alive and audible. Conversely, beneficiaries favor tax breaks that are embedded in the law.
This is one of the issues the commission is expected to address in its report, due by the end of the year: whether the District's present taxes are tilted against business and discourage new enterprises from coming to the District.
Edward Cowan
Editor, Reports to DC Voters
Labels: commercial district revitalization, property tax assessment methodologies, public finance, retail, retail entrepreneurship development, taxation


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Photo by Lisa Keenan
Free of refined sugar, these muffins are sweetened naturally with dates, and get a protein boost from both chia seeds and almond flour.
- Yield
- Makes 12 muffins
- 1 cup whole-wheat flour
- 1/2 cup almond flour
- 1 teaspoon baking powder
- 2 tablespoons ground chia seeds
- 1 1/2 cups white beans or 1 (15-ounce) can no-salt-added or low-sodium white beans, drained
- 10 Medjool or 20 regular (Deglet Noor) dates, pitted
- 2 bananas
- 10 ounces frozen strawberries, thawed and divided
- 1 teaspoon vanilla extract
- 1 teaspoon almond extract
- 1 cup fresh blueberries
- 1 cup fresh raspberries
- Preheat the oven to 350°F.
- In a cup, mix ground chia seeds with 1/2 cup water and let sit until it forms a gel, about 5 minutes. In a high-powered blender, combine white beans, pitted dates, banana, half of the thawed strawberries (leaving the other half to be put in the muffins whole), chia seed gel, and vanilla and almond extracts. Once blended, combine with the dry mixture and stir thoroughly until well combined.
- Drain the remaining strawberries and stir in, along with the blueberries and raspberries, so they are evenly distributed throughout.
- Line a 12-cup muffin pan with cupcake papers and, using a spoon, scoop in batter. Bake for 20 to 25 minutes and serve warm.
- To make cookies, drop batter by spoonfuls onto a foil-lined cookie sheet and bake for 10 minutes or until lightly browned.
From Eat to Live Cookbook: 200 Delicious Nutrient-Rich Recipes for Fast and Sustained Weight Loss, Reversing Disease, and Lifelong Health © 2013 by Joel Fuhrman, M.D. Reprinted with permission by HarperCollins Publishers.
Buy the full book from HarperCollins or from Amazon.
Related Video
Nutritional Info
- Calories251
- Carbohydrates49 g(16%)
- Fat4 g(6%)
- Protein9 g(19%)
- Saturated Fat0 g(2%)
- Sodium36 mg(2%)
- Polyunsaturated Fat1 g
- Fiber9 g(38%)
- Monounsaturated Fat0 g
- Cholesterol0 mg(0%)


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DAVENPORT, Iowa – John O'Leary, international motivational speaker, will bring his story of lifelong perseverance from 9 to 11 a.m. April 25 at the Mississippi River Hall in the River Center, 136 E. Third St.
At age 9, O'Leary survived a fire that burned 100 percent of his body, leaving him with slim chances of survival.
His comeback story, involved dozens of surgeries, years of therapies and the loss of all of his fingers.
The program is part of the annual Rotary conference.
The cost is $20. Go to tinyurl.com/oleary-rota ry to register and pay.


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Applications are invited in the prescribed Format for the Post of "Assistant" & "Data Entry Operator" (Grade "B") on purely temporary basis at ICMR Hqrs office, New Delhi under Coordinating Centre for "IMPRINT Scheme" at Division of ITR, ICMR Hqrs, New Delhi
|Sr No
|Essential Qualifications
|Graduate in any discipline with 5 years experience in administration / finance and accounts work.
|Data Entry Operator
|Intermediate or 12th pass in science stream recognized board with DOEACC "A" level from recognized institute and / or 2 years experience in
EDP work in Government, Autonomous, PSU or any other recognized organization.
A speed test of not less than 15000 key depressions per hour through speed test on Computer.


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At BCG's Luanda office, you will have the opportunity to work with a diverse, collaborative, and bright team that will enable your professional and personal development.
Because of the wide range of projects and work we do, BCGers in the Luanda office are able to tailor their career path while making a real difference and directly supporting Angola's socioeconomic development and the success of our clients.
BCG's Luanda office opened in 2013 and is located in the city's downtown, a stone's throw from the landmark Marginal strip, or boardwalk, and surrounded by modern buildings mirroring the country's progress and enormous development potential.
Over the past few years, BCG has continuously and actively contributed to the country's social and economic development by helping both public and private sector clients redefine their processes, restructure their companies, and define their growth strategies. Furthermore, we have made these efforts in a collaborative manner with our clients while ensuring that our recommendations are adapted to the realities of the country and implemented in an impactful manner.
BCG's clients are among the largest companies in the world, and at BCG in Luanda that is no different. We work with Angola's biggest and most influential companies within the country's key sectors, such as financial services, telecommunications, energy, consumer goods, public sector, and health care. Further, we have built strong working relationships in the public sector, engaging with the government and public entities to help them address strategic socioeconomic issues. We develop lasting partnerships with our clients and work to address the strategic challenges they face to become more efficient and achieve competitive advantage.
At BCG's Luanda office, you will be part of the firm's global team, which means you will have the opportunity to work with teams of fellow BCGers from our 80-plus offices in 48 countries over the course of your career. As a result, you will be able to experience work and life in other countries through the different international programs offered by BCG offices globally:
BCG's global footprint enables us to give our consultants the flexibility to change locations according to their evolving personal and professional needs over the course of their careers.
In addition to ad hoc social impact activities, BCG in Luanda wants to make a lasting contribution. As such, we seek to have a positive and sustaining impact beyond the business domain by supporting Angola both directly through our client work and through our pro bono efforts. We seek to address some of the nation's most pressing issues, such as education and health care problems, which limit social development.
One of the key draws of the office culture in Luanda is its collaborative and supportive environment. From your first day at the office, a great deal of training and information will be made available to you, as it is very important to us to ensure that you are given the necessary tools to support your personal and professional growth and that you are set up for success.
Hard work and dedication are part of our office and company DNA, but it is also crucial to have a healthy work-life balance. We contribute to this by organizing relaxing and entertaining events, such as our project team and office social events, annual office outing, fun and vibrant summer and end-of-year parties, and international BCG events such as the football and volleyball world cup organized by a different office every year.
Since starting in BCG Luanda, I have been able to work closely with incredibly interesting people with very bright minds who have enabled and contributed to my growth as a professional and who have become close friends I can rely on and trust.
Helping to solve some of the development challenges faced by governments and companies in emerging markets has been the key driver of my academic and professional career. Hence, when faced with the decision of my career move post-MBA, my motivations were no different. Unquestionably, BCG offers the opportunity to do it!
Human resources


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doddle.We build apps, websites & everything in between
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We've built websites and apps for some of the largest businesses in the UK, and combine pretty designs with cutting edge technical 'know-how'.
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Some of our Websites, Apps and Work.
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South Yorkshire


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*Today, on my younger son's 9th birthday, I'm re-posting his birth story, with edits. Enjoy the ride!*
Seven years ago our third baby was born. The birth was a terrifying "I can't believe this is happening to me" experience. In the middle of the night on October 14th, I delivered my baby in the front seat of our car.
At eighteen weeks pregnant with our third baby, we had our 1st ultrasound. I am one of those anal planners who needs to know the sex of my baby. I love to imagine who they will be and what they will look like. I shop for clothes and wash everything. I organize and fold and reorganize and fold. Then I reorganize again. And again. I am a reorganizing fiasco.
The ultrasound technician told us we were having another girl. With the possibility this was our last baby, I thought a girl would be excellent for the Gymnastics Queen. Sisters. Close in age. But I also felt a twinge of disappointment. I couldn't imagine raising only one boy. I might need another baby. This was a thought I did not share with Hubby. I break him in slowly with all my crazy. Little bits at a time.
My pregnancy continued smoothly. There was never a need for another ultrasound. By my third trimester, I had stacks of preemie sleepers (I don't grow 'em big) and I had bought bedding for the crib. I redid the Gymnastic Queen's bedroom for her and her new sister. We had a name (Ella) and a new pink patchwork carseat. Although something inside me told me not to wash all the clothes. I saved receipts. Deep down I just "had a feeling" I shouldn't go crazy washing and preparing. Mommy instinct was telling me what I needed to know.
At exactly 37 weeks, I awoke around 1am. I had terrible pain in my stomach. The pain was different from labor pains; it was strong and intense. My labors were quick with my first two munchkins, but they always began with gradual pain which then progressed quickly. Tightening from my back to my front. This was not labor. It couldn't be. I tried to walk it off, but it got worse. I showered, drank water and went to the bathroom. Thirty minutes later I woke my Hubby. The pain was excruciating. My exact words to him were, "I don't think I'm in labor. But something is wrong. We have to go to the hospital."
Hubby jumped out of bed and he called a friend to stay at the house. I called my midwife while Hubby grabbed a quick shower. "Gail, I'm in pain..it's bad...."
"Ok, I'm on my way. But Jodie, if you can't make it you need to go to the nearest hospital..."
Those words hung in my head. Not make it? Who doesn't make it to the hospital?
But Gail, having delivered the Gymnastics Queen, knew me. She could hear it in my voice. She had delivered 999 babies. That was the exact number. She knew what she was doing, and she thought I might not make to the hospital in time.
By the time we were leaving, about ten minutes later (this is 1 hour after my first pain woke me), I could barely walk. The pain in my stomach was so intense I felt like I was being ripped apart. Literally. There were small breaks for me to breathe, but this couldn't be labor. Labor had contractions with minutes in between. Not seconds. I sat on the floor in silence. All I could do was breathe. Hubby stood over me, and asked if we should really leave. I shot him the hairy eyeball. What on Earth else would we do?
Hubby called our friend and he was on our street. I managed to walk to the car, and we waited at the end of the driveway. Our friend flashed his lights as he came into view. Hubby pulled out and we headed for the hospital.
The hospital was a thirty minutes away. Hubby drove in silence and I breathed. About five minutes from our house was a small local hospital. We were driving past it when Hubby looked over at me in the dark. "Do you want me to pull in?"
I was silent. I was in pain. I couldn't speak.
"Jodie! Do you want me to pull in?"
I whispered yes. My stomach was being ripped from the inside, the stabbing pains were agonizing. But as we were about to pull into the parking lot, I had an ounce of relief. I thought about my midwife, who I adored. I thought about my planned water birth. I began to shake my head no. "No...no...keep driving...I can make it...."
"Are you sure?" Hubby hid his panic well.
"Yes. Get on the highway." Hubby did as I asked. The highway to the hospital only had exits every few miles, and we were in a rural area.
Only five minutes in, I felt pressure. I felt the baby's head. I began to cry.
Hubby looked at me and he knew we were in trouble. The highway was black; no one for miles. I whimpered to him, "You have to call 911. The baby is coming. You have to call 911."
This is where Hubby amazed me. There was no hesitation. I waited for an "Are you serious?" but there was none. He called 911 and kept his composure. He will never know how much gratitude I felt for his moment of composure.
As Hubby dialed 911, I sat in silence. I breathed. My water hadn't broken. I knew I had time. I felt pressure, but we had time. I rocked in my seat, "I have time...I have time..." the words soothed me as I said them in my head.
Hubby told the 911 operator he was pulling off exit 12. Hubby went to work every day on that highway and he knew it well. Exit 12 was a mile away, and there was a State Police Barracks there. The operator assured us a police officer would meet us outside. We were going to be okay.
But as Hubby pulled off the exit, there was splash of warmth down my legs. My water broke. I started to break down, yelling and crying. "My water broke....my water broke...." I was panicked and afraid. We were out of time.
Hubby pulled into the State Police Barracks seconds later. He threw the car in park. Three things then happened simultaneously. I heard Hubby tell the 911 Operator "There's no one here! There's no one here!", he ran around to my side of the car, and I threw my seat in recline. By the time Hubby opened my door I was pushing. On that cold October night, we were alone and Hubby was ready to deliver our baby.
The operator talked Hubby through the mechanics of delivery. I don't remember any of it except him removing his sweatshirt to wrap our newborn in. I went from sheer panic and fear, to nothing except my desire to push. All of my births were natural, this was just a whole different scenario. I pushed my baby into this world with such determination I remember nothing other than my focus.
After three pushes our baby was born. In the front seat of our minivan Hubby caught the baby and untangled the cord from its neck. I remember relief. Just relief from the agonizing, gut wrenching intense pain. I laid back and relished that moment of relief. Somewhere through my cloud of "what the heck just happened to me?" I heard my Hubby, "Holy sh*# Jodie, it's a BOY!"
I knew I was supposed to be shocked and amazed, but at that moment it could have been a puppy and I wouldn't have cared. There was so much for me to take in I couldn't absorb it. Hubby wrapped the tiny precious person in his sweatshirt and placed him in my arms. I sat in the front seat of my car, in the middle of no where, staring at my new baby boy. After a few wails to let us know he was alright, he slept quietly in my arms.
Two policeman may have caught the end of my delivery, but I couldn't have cared less with all the pain I was in. An EMT arrived minutes after them and they stayed with us and monitored our vitals. I just sat, in shock, holding my new munchkin.
While I waited for the ambulance I reached down into my purse and grabbed my cell phone. I dialed the only two people I would ever call at a moment like that: my parents. They were en route to the hospital. My mom answered.
My voice was weak as I tried to talk. "Hey mom, I just had the baby, I'm in the car, and its a boy." (Yes I am strange enough to make a phone call at a moment such as that one).
She thought I was joking. Car? A BOY? Not until she heard the ambulance pulling in did she scream to my father, "OH MY! Jodie had the baby in the car! It's a boy! The ambulance just got there!"
From this moment on I remember the EMT cutting the cord, and I remember the bright lights of the ambulance. Hubby followed in his car. I remember asking repeatedly about my baby and if he was alright. I was euphoric and eternally grateful as the reality of what just happened began to set in. At only 5lbs 13oz, born with the cord wrapped around his neck in the front seat of the car, we were healthy.
The aftermath of the birth was the front seat of our car being destroyed (as you can imagine) and we now had an abundance of baby girl attire to return. We also had no name for our new baby.
The next morning, as I gazed at our new son, Hubby arrived with my two other munchkins at the hospital. We decided to name him for the shop across the street from the police barracks. I'm eternally grateful that store wasn't Walmart or Sears. And his name fits him well, even though it wasn't my first choice.
Tonight, looking back, the whole experience is still very surreal. Aside from my memories and our 911 recording, we have a birth certificate that states "Parking Lot" as place of birth. We don't have any video other than a few minutes of me holding LLG in the front seat of the car. We don't even have an accurate birth time.
But we have LLG. And he certainly lives up to his entrance into this world. Crazy and loving, yet at the end of the day quite peaceful.
Happy 7th Birthday LLG!
You have been shocking us from before you were even born...truly one of a kind.


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The Phoney Doctor
One thing that we first noticed about this weeks episode was how quickly it went past. It is a little shorter than the normal episode but even so it flew by. We left The Batman in peril after the building he was in exploded. That after a huge recap of the fight from the last… Read More »


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ESCONDIDO — Interfaith Community Services received one its second-largest donation ever thanks to the late Joan and W. Lee James Jr.
The San Marcos couple's estate donated $3.2 million to Interfaith recently, according to Lauren Holt, communications coordinator for Interfaith.
After moving to San Marcos in 1998, Joan James became active with Lake Church and after her husband's death, took a more proactive role. She chaired the church's Mission Committee, which led concert benefits, organized food donations to Interfaith's Julia's Pantry and attended Interfaith's general membership meetings.
"I think it's one of gratitude and appreciation for Joan and her late husband Lee," said Interfaith Executive Director Greg Anglea of the attitude of employees and clients. "It's an honor and also a big responsibility to be trusted with a sizable gift."
Before Joan Lee passed away, she decided to leave her and her husband's legacy through the W. Lee James and Joan A. James Trust.
Anglea said Joan Lee approached Interfaith several months before she died to discuss an estate gift and how she could help. As the talks progressed, Lee decided to include Interfaith into the trust as a beneficiary.
According to Interfaith, Joan James was passionate about helping the homeless and veterans. Their gift will also play a critical part in launching Interfaith's new Recovery and Wellness Center, which provides safe shelter for homeless veterans and individuals battling addiction.
The center will be renamed in the James' honor.
"It's huge because our hope is to be able to use the gift to purchase a home for our Recovery and Wellness Center, which is a new program," Anglea explained. "We haven't started it yet because it doesn't have a home. It'll be a place to help extremely low-income and homeless individuals who are struggling with addiction and mental health."
Interfaith provides a variety of programs designed to empower hungry, homeless, and low-income community residents to start a path toward self-sufficiency.
Each year Interfaith serves more than 17,000 community members by providing basic needs and nutrition support, social services, shelters and housing, employment development, youth programs, senior services, veterans programs and addiction recovery support.
Although the gift is substantial and Anglea and Interfaith employees are thrilled to receive it, he said it won't change the day-to-day operations and tasks. In addition, the organization will continue its fundraising efforts, as the Lee's gift will be used to purchase a facility for the Recovery and Wellness Center.
"Hopefully it will secure us a location," Anglea explained. "It will be transformational so that the men and women who use it will be able to rebuild their lives there. For us … we still have, unfortunately, huge amounts of needs of people turning to us who need shelter, food and employment."


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Autumn is in the air though it's still hard to believe it's almost here. For us in the Northeast, a chill in weather has encouraged just about everyone to break out their sweaters and boots in preparation of the leaves changing color and the days getting shorter. For me, this gradual fall chill always reminds me of volleyball season --- my team would always start practicing when it was still a muggy August and the season would continue through October when the chill was fully instituted. And I'm excited to say I'm reliving this feeling because I've started coaching for the very first time! I absolutely love the team and everyone has started settling into the routine between practices and school.
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At NAI Southern Real Estate, our mission is to provide you with an integrated, single source for all your commercial real estate needs. Our local knowledge and expertise will help you develop the best possible solutions for your real estate requirements.
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Let our investment consultants put their experience and energy to work for you. We can help you create and implement a real estate investment strategy that maximizes the value of your portfolio and delivers real time, real world results.