May 2011 – Page 2

by bloizides on May 20, 2011

The NBA’s New Strong Stance on Homophobia

Jay Willis

In a lengthy article published in Sunday’s New York Times, Rick Welts, president of the NBA’s Phoenix Suns, publicly disclosed his homosexuality. The contrast in Mr. Welts’ story is jarring: in his public life, he played an integral role in the development of some of the NBA’s most popular programs (Slam Dunk Contest, anyone?) and became president of a perennially successful franchise. In his private life, he was forced to quietly grieve the death of his longtime partner as he continued to keep his sexuality a closely-guarded secret.

The intersection of sports and homosexuality has often been a taboo among players, fans, and journalists alike; as the Times article put it, popular perceptions of homosexuality do not seem to mesh with a business in which “manhood is often defined by on-court toughness and off-court conquest.” However, Mr. Welts’ decision comes on the heels of two recent incidents in which the NBA, under the leadership of Commissioner David Stern, has taken a more active and vocal stance than ever against on-court homophobia.

by bloizides on May 19, 2011

Disclosure is not the cure-all liberals want it to be

Anthony Kammer

Disclosure rules have become a kind of last resort for policy makers looking to reduce institutional corruption. There have been proposed disclosure rules for economists, particularly those who had strong ties to the financial sector. Others have called for general transparency for any academics who receive private funding for their research or who testify before Congress. The Affordable Healthcare Act imposed new disclosure requirements for physicians, and Dodd-Frank requires increased transparency into executive compensation. And until recently, disclosure had reasonably broad bipartisan support as a partial fix to the torrent of campaign spending that was opened up by the now infamous Citizens United decision.

by bloizides on May 18, 2011

Unpaid attorneys mean unrepresented clients

Jessica Jackson

While the Sixth Amendment to the U.S Constitution affords individuals the right to counsel, lately it seems that counsel’s right to compensation for their work has been forgotten. As many States continue to struggle with making tough budget cuts, one area seems to be getting cut across the board: indigent defense.

Last week 42 criminal defense lawyers in North Carolina withdrew from the court appointment list after learning that their hourly pay was to be reduced from $75 an hour to $50 an hour, a decrease that would make covering overhead and paying their own bills significantly more difficult. In Iowa, many court appointed defense attorneys are struggling to keep their office doors open and pay their staff as they wait for the legislature to approve funds that will pay them for past work on cases and reimburse their expenses. In Philadelphia, capital defense attorneys decided to take matters into their own hands and filed a suit against the city, claiming that court-appointed attorneys in capital cases are so poorly paid they violate the defendant’s right to effective counsel. Court-appointed defense attorneys in federal cases have suffered budget cuts as well, frequently waiting months to receive payment for casework.

by bloizides on May 16, 2011

Progressive Pedicab Policy

Yevgeny Shrago

Conservatives love to cast progressive policy as the heavy thumb of government policy attempting to pick winners instead of letting the market do its work. But in urban policy, especially transportation, conservatives are happy to oppose any kind of subsidy to rail or buses while not making a peep about restrictions on the free market in public transportation. Maybe the common thread are the sorts of people that these regulations hurt.

by bloizides on May 16, 2011

Minister Cannot Intervene to Defend Parsonage Tax Exemption

Michael Stephan

The Ninth Circuit answered an important tax law question involving the Establishment Clause and civil procedure this week in Freedom from Religion Foundation v. Rodgers. In short, the appellate court considered whether an individual who claims federal tax exemptions may intervene as of right in an action challenging the constitutionality of those exemptions. Besides raising a pressing constitutional question about tax exceptions for ministers, Rodgers shows prospective litigants what it takes to intervene as of right on the side of the government.

The Freedom from Religion Foundation sued the IRS and the Secretary of the Treasury, alleging that the “parsonage exemption” violates the Establishment Clause of the United States Constitution. This exemption allows “minister[s] of the gospel” to exclude and deduct various home-rental values and property payments from their gross incomes. The Foundation sought a declaration deeming the exemption unconstitutional, as well as an injunction barring the government from allowing the exemption.

by bloizides on May 11, 2011

A Law Professor Who Stays on Message

Zach Luck

Elizabeth Warren, on the Daily Show a few weeks ago, managed to successfully articulate a clear vision of how government and the market can and should work together. This success holds particular value when other Democrats appear to be giving in to Republican rhetoric on the relationship between government and the economy. President Obama, in his address on the budget compromise, said: “A few months ago, I was able to sign a tax cut for American families because both parties worked through their differences and found common ground. Now, the same cooperation has made it possible for us to move forward with the biggest annual spending cut in history.” Really? The budget compromise, brought about by bringing the government to the brink of shutdown over which social programs to cut, signaled great cooperation and government doing what’s right for the economy?

Archives for May 2011