The taxicab accessibility story in Connecticut:http://ctmirror.org/story/14587/wheelchair-accessible-cabs-be-deployed-advocates-still-fighting

We hope you'll attend our RebLaw workshop on Taxicab Accessibility in NYC and New Haven! Hear about the advocacy that led to this exciting ruling from the advocates themselves. http://newyork.cbslocal.com/2011/12/24/judge-rules-that-nyc-cabs-must-be-wheelchair-accessible/

Ariel Stevenson

Restaurant Workers

Conscientious eaters are expert interrogators. They barrage their servers with well-meaning questions, like: Is it local? Is it organic? Is it fair trade? Did it descend from a proud heirloom lineage never sullied by human design? The server will smile, answer, perhaps even agree. It probably never crosses his mind that the saintly diner before him forgot one very important question: Are you being treated fairly?

Restaurant Opportunity Centers United is working to bring this issue to the front of eaters’ minds with the First Annual ROC Diners Guide. The Guide helps conscientious diners support restaurants with admirable labor policies, and avoid those that exploit workers. It looks at wages, paid sick leave policies, discrimination, and opportunities for workplace advancement. Though it isn’t comprehensive just yet—it focuses on restaurants in eight major cities and analyzes either national corporations or ROC partner restaurants—it’s a good start to raise awareness of what heretofore has gone all but unnoticed on the food justice movement agenda.

The end of the guide features “tip cards” that diners can leave on tables to promote labor rights among restaurant workers. The cards say things like, “You are entitled to… [o]vertime pay of 1½ times your regular pay for every hour worked over 40 hours in a given week.” That way, even if you’re forced to eat at a restaurant that doesn’t earn the highest ROC rating—which is inevitable since so few restaurants satisfy even a modicum of fair labor standards—you can advance workers’ rights by educating your server.

And don’t forget, a generous tip goes a long way. 

Ariel Stevenson

Thailand Flooding

The Intergovernmental Panel on Climate Change met in Uganda last week to discuss the current state of global climate change. The main conclusion of the meeting had a familiar ring: weather is changing, and it’s probably our fault (but we still need to conduct more research).

While the IPCC was debating the conclusiveness of the data, people in Thailand were wading through waist-deep water that has filled their shops, streets, and homes for months. The death toll of the Thailand floods has just topped six hundred, most from drowning. Economic growth is projected to be stunted at 2.4%.

This short film by photojournalist Gideon Mendel documents the everyday impact of these floods on the people of Thailand. It is a spellbinding image of perseverance in the face of hardship and adaptation amidst profound strangeness. 

The New York Times writes "A week from Tuesday, when the Supreme Court returns from its midwinter break and hears arguments in two criminal cases, it will have been five years since Justice Clarence Thomas has spoken during a court argument. If he is true to form, Justice Thomas will spend the arguments as he always does: leaning back in his chair, staring at the ceiling, rubbing his eyes, whispering to Justice Stephen G. Breyer, consulting papers and looking a little irritated and a little bored. He will ask no questions."

In August 2009, Westchester County in New York signed an agreement to spend over $50 million to construct hundreds of affordable housing units for moderate-income people.  The agreement, brokered by the US Department for Housing and Urban Development, settled a suit brought by the Anti-Discrimination Center, which argued that Westchester had falsely certified that it would encourage fair housing when applying for federal grants.  The agreement stipulates that the housing is to be built in overwhelmingly white communities and aggressively marketed to nonwhites in Westchester and New York City.  This was a landmark agreement in housing desegregation and one example of innovative litigation strategies currently being adopted by advocacy groups and legal organizations across the country. 




Come hear about the Westchester case and other cutting-edge legal strategies being implemented to combat housing segregation at the “New Frontiers in Fair Housing Litigation” panel at 4pm on Friday, February 18.  

House Republicans' have introduced a new bill, the "No Taypayer Funding for Abortion Act" which would limit the exception to the federal abortion funding restrictions for rape to "forcible rape" only.  Nick Baumann of Mother Jones explains "Other types of rapes that would no longer be covered by the exemption include rapes in which the woman was drugged or given excessive amounts of alcohol, rapes of women with limited mental capacity, and many date rapes."  Is rape less so if done by drugging or otherwise?  The bill reintroduces the "force" element of rape that reformers have fought against for decades. 

 

Check out RebLaw's issue lunch on Sexual Violence & the Law on February 19th and discuss how such definitions impact the broader questions surrounding sexual violence.

 

Panel: The Rise of American Imprisonment

February 19th, 9.30am

Over 2.3 million Americans are currently incarcerated and millions more are on probation or parole.  While some incarceration is appropriate, America's current system is indefensible. In addition to the obvious toll unnecessary incarceration takes on those imprisoned, its impact on impoverished communities and racial minorities is unparalleled. For the most part,
there is no corresponding benefit in public safety.  This panel aims to explore issues surrounding unnecessary incarceration and prison advocacy.  Panelists include an academic expert on the history and rise of America's unique system of justice, one of the country's most experience prison advocates, and an expert advocate on sentencing policy.  The ultimate goal of the panel is, as with all panels at RebLaw, to sustain outrage and stimulate advocacy.

 

Panel: The Future of the Labor Movement: What is the Lawyer’s Role?

Saturday, February 19th, 2011, 9.30am

 

We’ve all seen the bumper stickers.

Unions gave us the weekend, the 8-hour day, the middle class, etc. etc. But in 2011, with median wages stagnant and unemployment at record highs, it’s easy to think of the labor movement as something from the past. In the words of The Wire’s Frank Sobotka:

>

But the panelists at the Saturday morning panel are proving Frank wrong. With innovative legal and organizing strategies, they are building worker power to address the pressing economic issues of the 21st century. Join us as we discuss past campaigns they’ve worked on, and new opportunities for workplace justice.

Check out our homepage here and the registration site here for RebLaw 2011: Feb. 18-20. 

Our amazing/awesome/inspiring panels are listed here, in no particular order. 

Also, as a bonus, check out this rooster. So metal. 

Or maybe you like monkeys better?

Single-sex public schools have become increasingly popular over the last decade. Should we worry about this? Are there equity concerns here? Or is this just a better and legally justifiable way to serve some low-income students? 

An interesting instance of well-intentioned regulation creating unintended problems: here

Is there a better way for the law to protect struggling homeowners? 

Legal forces are gathering, hoping to ensure all marriages are treated equally

 

Some innovative legal entrepreneurs are trying to use adverse possession to claim abandoned, foreclosed properties for the homeless--but is the law on their side?

Come debate housing policy, racial and socioeconomic integration efforts, and much more at this year's RebLaw Conference: February 18th-20th, 2011.

 

On Friday, NPR unleashed a disturbing story on how the private prison industry influenced and drove Arizona's now-infamous immigration law (currently being challenged in the courts).  NPR delved into the drafting bill and the lobbying and campaign contributions that followed.  It found the private prison industry, an industry with much to gain from the law, involved at key stages.  

"At the state Capitol, campaign donations started to appear.

Thirty of the 36 co-sponsors received donations over the next six months, from prison lobbyists or prison companies — Corrections Corporation of America, Management and Training Corporation and The Geo Group.

By April, the bill was on Gov. Jan Brewer's desk."

RebLaw is hosting a panel discussing overincarceration and the prison economics behind it.

State Senator Pierce, a key figure in drafting the immigration law

 

 

 

 

Bob Herbert penned a powerful Op-Ed this week about the atrocious rate of suspicionless stops that take place in New York City--which, of course, disproportionately affect young people of color, regardless of the neighborhood in which they are stopped. 

Read more about the report and the case, Floyd v. City of New York, here

RebLaw will be sponsoring a panel on the topic of stop and frisks during this February's conference (Feb. 18th-20th, 2011). 

When Yale students discovered that police were harassing the Latino community in East Haven, they took action

Don't be a conformist. Be a cool cat and come to RebLaw 2001: February 18th-20th at Yale Law School.

The Times ran a great magazine article on the topic that paints a vivid picture of the victims of this debate.

 

Senator Arlen Specter is calling for a law that would televise most U.S. Supreme Court arguments live. Is this an unnecessary formality--or will make the Supreme Court more democratic?

 vs.

Read about it here

Exciting news. Do you think this change in policy will now take on its own momentum? Is more court intervention needed so that progress toward equity can't later be reversed? 

 

Is a Texas law that allows DNA evidence in some instances but not other unconstitutional? The Post and the Times cover the argument. 

Spending is up on campaigns, ABC News, NPR, and others report--but does democracy or free speech benefit? 

In the 1960s, the Moynihan Report was criticized for describing a so-called "culture of poverty." The topic was off-limits for decades, but is once again receiving attention from groups like the Brookings Institution and even Congress, according to the Times

Is this a dangerous debate that risks blaming the poor for society's ills? Or a study that could help break the cycle? 

Several articles--one by the New York Times, one on MyStateline.com, and another from the San Diego Union-Tribune--debate what impact legalizing marijuana might have on politics in Mexico and on American's health.

CBS News counters that legalizing pot in California still won't make it truly "legal." What do you think, Rebels? Is there a way to put an end to drug wars?

...and i iz tellin you, come to RebLaw 2011. Feb.18th-20th. Yale Law School. U can haz sweet, sweet justice. 

 

A New York Times Editorial reports that New York State will spend $170 million this year on it 21 juvenile facilities and calls the practice "wasteful and ineffective." Can you envision a more just and effective way to help at-risk youth? How can we build a better (more rebellious) future? Come to RebLaw 2011 to discuss! 

 

 

Rebels: How can we better serve children--and their families--to avoid tragedies like this?

 

A rash of suicides puts cyber-bullying--and particularly the harrassment of gay and lesbian youth--in the spotlight. Can the law help? 

http://www.nytimes.com/2010/10/04/us/04suicide.html?scp=1&sq=several%20recent%20suicides%20put%20light%20on%20pressures%20facing%20gay%20teenagers&st=cse

 

The Times worries that, in tough economic times, the future of Neighborhood Legal Services is in jeopardy.

Can Rebels unite to keep low-income legal services strong? Come find out at RebLaw 2011!

 

 

 DADT

A victory for equality--but likely a long road ahead. What do you think about the recent ruling, Rebels?

 

Save the dates. February 18th-20th, 2011. Yale Law School. Get ready to rock. 

"RebLaw, smashing success!"

- the New York Review of Conferences


"Originalism, schmoriginalism! Thanks RebLaw."

- Justice Scalia

 

"RebLaw set my thoughts on fire with the burning intensity of one thousand suns. By Odin's eight-legged horse, what an experience."

- Actual conference attendee*

 

Now that the 16th Annual Rebellious Lawyering Conference has come and gone, we have time to reflect a little.

All invented but realistic quotes aside, RebLaw this year went fantastically. And I would like to thank everyone who had a hand in its production:  first and foremost, my fellow directors, who devoted nearly a year of blood, sweat and tears into making it all happen.  A big round of applause is also due for Sachi Rodgers, Sharon Brooks, Robert Post, Dean Mike, and the rest of the administration for supporting us financially, logistically, and emotionally, without which the conference could never happen.  A huge thanks to our panel organizers, who are responsible for all the wonderful panels and workshops that make the conference what it is.  We cannot forget, either, the diligent and efficient dining hall staff, who came in on a weekend and made sure that we had a space to mingle, and that feeding 700+ conference attendees was not a giant clusterfudge.  Thanks to the keynote speakers and panelists, who took time out of their busy schedules to come to Yale and speak to all of us, without payment, out of pure commitment to the cause.  Thanks to T. Lee, who did all the awesome artwork.  Thanks to our volunteers, who gave up their Fridays and Saturdays to usher people around just for the privilege of wearing a yellow badge.  And finally, last but not least, thanks to everyone who came to the conference!!!! All more than 700 of you were an absolute pleasure to meet and to host and to exchange ideas and party with. We're so glad you could join us and hope you can come again very, very soon.

For those of you still in New Haven, leftover RebLaw apparel will be available at discount prices. Keep your eyes peeled for an announcement.

Otherwise, keep on being rebellious y'all, and we'll see you at RebLaw next year.

Love,

Seth Wayne

Reblaw Co-Director 2010

 

*Not actually.

 


BONUS REBELLIOUS TRACK: Dead Kennedys- I fought the law

 

 

Thanks for coming.  Come find us in Room 122 if you have questions.....

 

This one's a classic, coming straight from Woodstock in 1969.  Country Joe McDonald and his band were famous for songs protesting the Vietnam war. In the Fixin' to Die Rag, they satirized the fact that so many young people were being sent off to fight with little conviction or understanding of why they were at war.

One, two, three, what are we fighting for?

Don't ask me I don't give a damn, the next stop is Vietnam

And it's five, six, seven, open up the pearly gates

Well there ain't no time to wonder why, whoopee we're all gonna die!

Why is this relevant now? Almost 80% of Americans think that dealing Afghanistan war in the coming year (a war which the majority has opposed for months), is "extremely important" or "very important."  As the war(s) drag on, it becomes easier to forget that there was a time when we weren't fighting.  It is crucial to remember that these seemingly endless conflicts cost lives.

In an interesting side note that conceptually ties the song to this conference, the band's co-founder and guitarist, Barry "the Fish" Melton, became a practicing lawyer and celebrated public defender in California, and even served as President of CA's Public Defenders Association.  He continued to play music throughout his legal career.  Activism, music, and public interest law? Sounds like the kind of guy we'd like to have here at Reblaw.  See what a career like Barry's would be like by attending our public defense lunch talk or learning about interview techniques from the superstars at the Connecticut PD's Office.

 Reblaw is just a few days away! We're so stoked to see you all here at YLS.

 

 

In 2006, Congress passed The Secure Fence Act, calling for construction of 700 miles of fence along the U.S.- Mexico border. They were not prepared for what followed. "The Wall documents the construction of the border fence across the Southwest, and the human impact it has and constitutional issues that follow. From policy makers to citizens of border towns, the debate intensifies as residents respond to having a fence built in their backyard. We're thrilled to have the film director, Ricardo Martinez, present the documentary and conduct a Q&A.  Please join us for an open dialogue on United States border policy. 

 

border fence

 

Film Screening: "The Wall"

Q&A with Director Ricardo Martinez

1:00 - 2:30, Saturday, February 20

Bearing Witness to Military Commissions in Guantanamo

Friday, 4 – 5:30 pm, Room 121

 

The Obama Administration announced late last year that Khalid Sheikh Mohammed and other Guantanamo detainees would be transfered to the mainland U.S. for trial in federal court for their suspected participation in the September 11, 2001, terrorist attacks.  However, reports are now percolating that the administration is considering reversing this decision, similar to its reversal some months ago on the release of photographs depicting torture.

 

Professor Eugene Fidell appeared recently on the PBS News Hour with former Attorney General Michael Mukasey to debate, among other issues, the decision to try terror suspects in federal courts.

 

Come to the Military Commissions panel on Friday afternoon to hear more about these developments from Professor Fidell and two students who have attended proceedings at Guantanamo!

 

Organized Labor in Our Age: Is There Still a Seat at the Table for Unions in the Future of the American Workforce

Saturday 2/20 at 3 - 4:30 pm in Room 128

 

As American jobs have transitioned away from manufacturing, union membership has declined. Yet, unions can still play a vital role in safeguarding the wellbeing of working people as the country climbs out of recession and high unemployment rates. Growing and emerging sectors like the service industry and green jobs are increasing in numbers even as manufacturing sectors decline. As technology and the landscape of American jobs evolve, the ability of employers to exploit and mistreat their workers lives on, and the need persists for working people to pool their strength to defend their rights and interests. Panelists will discuss the role that labor – union organizers and the workers who comprise union membership – will play in determining the future of the American workforce, and whether existing labor and employment laws are equipped to handle future challenges.

Panelists:

  • Dean Hubbard (Transport Workers Union)
  • Kathy Krieger (James Hoffman and AFL-CIO)
  • Liz Vladek (Workers United).
  • Moderator:  Yale Labor history professor, Jennifer Klein

Hi RebLaw!

We'll see you all in less than a week.  Safe travels and email us at rebellious dot law dot questions at gmail.com if you have any last minute concerns!

Feb 19, 2010

3pm:  REGISTRATION OPENS

4:00 - 5:30pm:  First round of panels.  They are all so interesting.  Good luck choosing between them.

    * Juvenile Justice From South Africa to the South Side
    * Balancing the Measurable and Immeasurable in School Reform
    * Domestic remedies for human rights violations: the future of Alien Tort Statue litigation
    * Bearing Witness to Military Commissions at Guantanamo

5:30 - 6:30:  HAPPY HOUR, YLS Dining Hall

6:30 - 8:00pm:  Welcome Address, Dean Robert Post then KEYNOTE address by Bryan Stevenson

8:30 - 10:30pm:  Party for a Cause at Lansdowne Bar and Grill (pay your own way).  179 Crown Street, New Haven, CT 06510-3005

 

Reducing Drug Crime Without Putting People in Prison: The High Point Initiative

In May 2004, the High Point, NC Police Department launched an innovative crime initiative in an effort to reduce drug related crimes in the most violent sections of the city. The High Point Crime Initiative assumes that violent crime is closely related to street level drug dealing and drug use and that building individual social capital and strong social bonds is a key component in helping individuals to disassociate from criminal activities.

By eradicating open air drug markets and, thereby, eliminating drug-related crime, the program attempts to heal old wounds between urban communities and law enforcement.  A key component of the High Point initiative is community involvement, the theory being that the disapproval of those who matter most to the dealers is a greater deterrent than squadrons of police. The High Point Initiative first identifies local drug markets and then builds evidence for criminal cases against drug dealers caught on video surveillance. Next, law enforcement enlists the entire community to participate in the program.

Unless the community itself commits to addressing the problem, there won't be a significant impact on the drug trade.

Once the community is on board, the initiative holds a large gathering where the community confronts the dealers, reprimands them for their destructive behavior and demands change.

Learn More at RebLaw 2010, Saturday 3:00pm- 4:30pm:

  • Meg Reiss, Nassau District Attorney's Office, Investigation Division
  • Teny Gross, Executive Director of the Institute for the Study and Practice of Nonviolence
  • Rev. Sherman Mason, High Point Community Against Violence, Inc.

Check out the new op-ed by Linda Greenhouse about the U.S. decision to relocate the Uigher detainees to Switzerland, and thus to arguably moot out the Kiyemba v. Obama case scheduled for Supreme Court argument on March 23, 2010.

Learn more at RebLaw

Bearing Witness to Military Commissions at Guantanamo

Friday 2/19

4:00pm -5:30pm

 

 

Muslim Americans and the Legal Profession After September 11

 
A Conversation with

  • Sameer Ahmed, Skadden Fellow, Asian American Legal Defense and Education Fund
  • Umbreen Bhatti, Staff Attorney, American Civil Liberties Union of Delaware
  • Asaad Siddiqi, Associate, Walder Hayden & Brogan & Vice President, Muslim Bar Association of New York


 Saturday, February 20, 2010, 11:30 AM

Undoubtedly, the tragedy of September 11, 2001 transformed the Muslim American community -- but in what ways did this extend to perspectives on the law and the legal profession? Join us for a conversation on how terrorism has impacted, influenced, and encouraged Muslim Americans’ civic activism, political engagement, and attitudes toward the historically non-traditional career of law.

 

Hi everyone - We are happy to announce that the new Dean of the Yale Law School, Robert Post, wil be introducing our Keynote speaker, Bryan Stevenson, on Friday night 2/19 at 6:30pm in the YLS Auditorium.

On Saturday, Febuary 20th, The J. Skelly Wright Professor of Law at Yale Law School, Heather Gerken, will be introducing Keynote speakers, Lani Guinier and Gerald Torres.

Don't miss it!!! Register here.

 

This is how we are all feeling right now! Safe travels, everyone and SEE YOU SOON!

Hey everyone,

 

It's been super long since we've had a rebellious track!  Going to one of the most incredible and revered musicians of the 20th century for this one, here's Fela Kuti's "Zombie."  For those unfamiliar with Fela, here's a brief snippet from the wikipedia description:

"The album was a scathing attack on Nigerian soldiers using the zombie metaphor to describe the methods of the Nigerian military. The album was a smash hit with the people and infuriated the government, setting off a vicious attack against the Kalakuta Republic (a commune that Fela had established in Nigeria), during which one thousand soldiers attacked the commune. Fela was severely beaten, and his elderly mother was thrown from a window, causing fatal injuries. The Kalakuta Republic was burned, and Fela's studio, instruments, and master tapes were destroyed. Fela claimed that he would have been killed if it were not for the intervention of a commanding officer as he was being beaten."

In 1978, at a performance of the song "Zombie" in Accra, Ghana, riots broke out, and Fela was banned from coming back in to Ghana. Now THAT'S rebellious. Oh, and the conference is fast approaching. It's gonna be damn awesome, so register ASAP if you haven't yet!

 

 

 

 

Locked Up and Locked Out: the Experiences of LGBT Prisoners

Come to this panel 3:00- 4:30pm pm on Saturday, February 20th!!

In addition to facing the often harsh and degrading conditions of the general prison population, LGBT prisoners face unique challenges in prison.  Prisons are designed and regulated on the assumption that all prisoners are straight and non-transgender, an assumption that is obviously false.  The three panelists on the panel all have extensive experience with LGBT prison issues: one as a scholar on issues of incarceration, one as a legal advocate for transgendered prisoners, and one with firsthand experiences as an LGBT identified prisoner.  The panel will explore these neglected and important issues from a variety of angles and promises to be one of the most rebellious at the aptly named Reblaw!

Hear Gene Fidell, Travis Crum Valerie Kaur and Muneed Ahmed (an all-star line-up!) speak about their recent visit to Guantanamo Bay and their experience on the island, conversations with soldiers, and the inside perspective from inside the Military Commissions.

Bearing Witness to Military Commissions at Guantanamo: Friday 2/19 4-5:30pm

 

 

 

That is Publishers’ Weekly description of The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy

Fellow Reblaw speaker, Ian Haney Lopez calls the book “a hymn of hope” for those who fear the future.

The authors of The Miner's Canary  - Lani Guiner and Gerald Torres  - are the Kerynote speakers on Saturday evening, February 20th! Come to RebLaw to hear more about this topic from the authors themselves! Register here.

In the book and their Keynote talk, Profs. Guinier and Torres will discuss how ignoring racial differences – color blindness – has failed. Race and power intertwine at every level of social interaction, from classrooms to courtrooms to congressional districts. Only cross-racial coalitions can expose these embedded hierarchies of privilege and – through innovative power sharing and democratic engagement – demolish them. Guinier and Torres call this concept of enlisting race to resist power political race. The methodology of political race has policy implications for affirmative action, racial profiling, criminal justice, access to educational opportunity, voting and democracy. It is a methodology for diagnosing systemic injustice and then organizing to resist it.

 

 

One of the speakers coming to RebLaw is Julia "Judy" Bonds, a coal miner's daughter and the director of Coal River Mountain Watch. Over the past six to eight years, Bonds has emerged as a formidable community leader against a highly destructive mining practice called mountaintop removal.

In 2001, Bonds and her family became the last residents to evacuate from her own hometown of Marfork Hollow where six generations of her family had lived. Marfork had been virtually destroyed by mountaintop removal mining, which involves completely blasting off the tops of mountains so that huge machines can mine thin seams of coal. Mountaintop removal mining completely annihilates streams and forests, and causes extensive flooding and blasting damage to homes. The pollution from mining and the toxic chemicals used in the preparation of coal for market have been linked to rising asthma rates and other serious respiratory ailments, particularly among children, including Bonds' grandson.

In 2003 she won the coveted Goldman Environmental Prize. The prize is awarded to one person from each continent and she was the North American winner.


Since winning the award Julia and others at Coal River Mountain Watch have embarked on a road show to educate America about the clean water act and to educate and motivate Americans about where their electricity comes from and who pays the true price. 

Come to RebLaw to see Judy Bonds in action!

 

 

Just yesterday, violent earthquakes rocked the nation of Haiti, leaving thousands dead and thousands upon thousands more in need of immediate help.  Haitian President Rene Preval says the situation is "unimaginable" and describes stepping over bodies in the street, and hearing cries for help from those trapped beneath the rubble. For those of us too busy to make any serious aid efforts during this humanitarian catastrophe, an easy way to do a small part is to contribute $10, right from your mobile phone, to the Red Cross' earthquake relief efforts. They have already raised over $800,000, but much more is needed. Just text "Haiti" to 90999, and the $10 is deducted from your cell phone bill. What are you waiting for?

 

For more opportunities to donate or volunteer, check out Hands On Disaster Response.

 

By now, pretty much everyone is exhausted of the American health care debate, even though the slog is going on, and on, and on.  It's hard to stay dogged and determined, even for something so essential, when dealing with ludicrous assertions by even such credentially-well-endowed folks as Art Laffer (inventor of the theoretically sound but catastrophically misapplied "Laffer Curve"). Laffer, a Stanford-trained economist, warned viewers on CNN to "just wait till you see Medicare, Medicaid and health care done by the government."  I know, right? Come ON. But rather than being able to steamroll these ill-informed objections, the current administration battles on to get something done in the realm of health care reform.  As the New York Times noted today, even if a bill is passed, many obstacles yet remain, including the naming and vetting of a health care "czar" -- and let's not even get in to how the Tea Party crew has had a field day preying on misunderstandings about modern American usage of the word "czar".

Beware the moustache panels!

Imagine if you had THIS guy running health care. Beware the moustache panels!

As a proud canuck who grew up watching curling on my pappy's knee, I've always been particularly ruffled by the way Canadian socialized health care has been mischaracterized, derided, and dragged through the mud in the U.S. media and in the health care debate (this is a very mild example). Just talking to American friends of mine, many are mildly surprised to hear me speak favorably about the Canadian system- but ask just about any Canadian who has spent a while living in the U.S., and you will find out that we often fly back to the great white north when we get hurt or sick, just for the privilege of being treated there (and not just because it's free, the Ontario government will cover many health care costs incurred while living abroad in the U.S. as a student or for other reasons).

CHING CHING!

And before you laugh, that colorful money covered in polar bears, beavers and caribou is now at parity with the greenback.

While I won't deny that the Canadian system does, indeed, have many problems (it's actually a congolmerate of different systems across the provinces and territories), what it doesn't have is a shockingly large percentage of people who cannot afford any care, or are bankrupted by the care they receive.  Very few people in Canada shuffle off to the poor house paying for care to combat a disease bestowed upon them by grace of God(s), genetics, or chance. (On the flip side of the coin, according to a recent study, over 60% of USA bankruptcies in 2007 were medical in nature).  What we also don't have is waits for essential emergency service, which is provided immediately, just like in the U.S., regardless of one's insurance coverage or income level. While waits for nonessential services run somewhat longer than those in the USA, I can speak from personal experience that these waits are far from unreasonable. In the last 8 years, I have had three knee operations, all because I insist on playing a sport my body was clearly not designed to excel at, even though I have been told my skills are comparable to Michael Jordan. I could walk fine and participate in most athletic activities, but the particular planting and twisting demands of my sport of choice meant that surgery was preferable. For each elective procedure I had to wait a few months, but in return, I received world-class medical care, absolutely free of charge.

In fact, a recent popular show on national TV in Canada awarded the title of "the Greatest Canadian" to Tommy Douglas: founder of public health care in Canada, socialist, and Jack Bauer's grandaddy.

God dammit, Obama, there's no time!

"Dammit Chloe, there's no time! Pull up the schematics on the Laffer curve."

In fact, truths, damned truths, and statistics, all demonstrate that we Canadians love our health care.  Stop the fear-mongering, America, and bring on health care that would make your northern neighbours proud.

 ALSO, register for RebLaw!!!!  Now new and improved registration system. We're so excited to have all of you here.

 

 

 

 

When Vanessa and I attended the Shaking the Foundations conference at Stanford in the fall, we heard many fascinating and inspiring stories about progressive lawyering on the west side.  Luckily, one of those stories has a video -- check out Vilma's story!

Happy holidays, rebels!

 

As we are bombarded with images of rampant consumerism in advertising, 30 000 more American troops gear up to go to war in Afghanistan, and a new would-be Al Qaeda terrorist dominates headlines and brings the war on terrorism back into mainstream discourse (and travellers get interrogated by the FBI for spending "an unusually long time in the aircraft lavatory"), it's a great time to think about the role the media plays in the way we regard ourselves, our foes, and our own place in history.  Cue Immortal Technique.

 

 

Le Patron

One panel in the works for RebLaw, "Organized Labor in Our Age: Is there still a seat at the table for unions in the future of the American workforce?" will examine the changing make-up of unions in the US and the role lawyers can play in defending workers' rights. We look forward to a robust discussion with labor lawyers at unions and firms, as well as a labor historian. In the mean time, an incredibly compelling story has been in progress over the past few months in Boston.

The Hyatt 100 is a group of former housekeeping employees of three major Hyatt hotels in the Boston area. These workers, many of whom had been in their jobs for years or decades, were asked to train temporary workers in the late summer. Sensing something strange about training so many temps, some employees asked their managers what this push was all about. The managers reassured them that their jobs were not in jeopardy and they were simply training temporary workers to fill in when regular employees took time off or were sick.  In fact, however, the housekeepers were gathered together one morning and told that the workers they had just trained would be permanently replacing them.

Hyatt attributed this "restructuring" move to "challenging economic conditions"; the chain has faced declining revenue in recent months. Their incentive was to get rid of employees who made well over the minimum wage and had benefits in order to replace them with temps who would earn nearly half the hourly rate with no benefits. In other words, all the workers get screwed.

Meanwhile, Hyatt's higher-ups aren't quite hurting: "According to Bloomberg News and other sources in the business press, Hyatt earned $1.09 Billion on the sale of 44 Million shares of stock [in November]." (Source.)

These 100 housekeeping employees were not unionized and it initially appeared -- and Hyatt counted on this -- that they would have no recourse. But they reached out to Unite Here Local 26, which organized a protest a couple weeks after the firing to gin up negative publicity for Hyatt. (The Boston Globe has been covering this story extensively.) A public outcry went up, and cries for a boycott rang out. Individuals and organizations condemned the company's actions. Hyatt scrambled to find a way to save face.

Hyatt 100 and Local 26 protest at the Hyatt

"Several hundred hotel workers and their supporters turned out yesterday for a raucous rally in front of the Hyatt Regency Boston for the 100 housekeepers who were fired by the hotel chain. Politicians called for businesses to boycott the Hyatt, and workers banged on drums, rattled detergent bottles filled with rocks, and chanted 'Hyatt, shame on you' as they marched in front of the hotel with picket signs." (Source.)

More than two months since this effort got underway, the fate of the Hyatt 100 remains unclear. Hyatt has offered "alternative employment" with another temporary staffing firm. (As one former Hyatt employee points out, "We don’t want [temp jobs] from Hyatt. Because I think that is really unfair. Because we’re going to do to the other people the same thing Hyatt is doing to us.") 

Meanwhile, the governor and others have called for full reinstatement. Protests continue. The holidays approach, and the stipends Hyatt offered to the dismissed employees dwindle.

Local 26 continues to agitate on behalf of the Hyatt 100, and hotel workers across the country have taken up their cause.

Join us at RebLaw to discuss the Hyatt 100 and the challenges -- and imperatives -- to organizing service workers and other emerging sectors.

 

Most people know Mos Def's "Mathematics" for its dirty DJ Premier beat.  In his lyrics, however, Mos Def uses numbers and statistics to touch on a wide range of social issues, which, taken together, trace the links between racism, drugs, inner city poverty, the criminal justice system and the prison-industrial complex. Not to mention the fact that the hook also contains a sample from the movie Ghostbusters. Now that was a great movie!

The white unemployment rate, is nearly more than triple for black

So frontliners got they gun in your back

A big shout-out to last year's Reblaw Directors (pictured below).  We just opened registraiton --- and one of the first few registrations and shirt purchases are from ---- them.  Reblove!  Keep on registering, folks.  We look forward to seeing you soon.

 

 

 

After a lot of work from the whole RebLaw team, we've opened registration.  We're still finalizing programming information, and will be making changes for the next couple of months.  But for now, come check out what we have in store, let us know what sounds interesting to you, and buy some RebLaw gear to help support the conference.  All the cool kids are doing it.

2010 RebLaw Registration

Happy Thanksgiving to all the Americans out there, and TGIF to everyone else! As part of our preparation for Reblaw 2010, the Reblawg will be featuring commentary from our panelists on topics they will be discussing at the conference.  Ann Skelton, a human rights lawyer in South Africa specializing in the rights of juveniles in the criminal justice system, was kind enough to send us some material in anticipation of her exciting panel on the same topic.

 

Strategic litigation of children's rights in South Africa: A focus on sentencing of children

by Ann Skelton

Children were involved in the forefront of the struggle against apartheid. Iconic pictures and anecdotes of the Soweto riots provide pungent memories of this. As the end of apartheid lurched into view, rebellious lawyers in South Africa began to turn their attention towards the shaping of a new system for children in the criminal justice system, with a heady mix of protest, advocacy, and legal proposals for change. The coming to power of a democratically elected government in South Africa spelt great hope for the future. After 1994 rebellious lawyers donned sober suits and got down to the work of drafting laws and planning with government for effective implementation of systems that would improve the treatment of child offenders.

Incremental improvements were seen during the democratic government’s first 15 years - increased diversion of child offenders, the growth of restorative justice options, a reduction in the number of children awaiting trial in prison. In addition, a comprehensive new law, the Child Justice Act (soon to come into operation) was drafted). However, the struggle to ensure fair and appropriate treatment of child offenders was not over. ‘Tough on crime’ agendas were persuasive to politicians, and so South Africa saw the introduction of legislated minimum sentences, which were applicable to 16 and 17 year olds, as they were to adults. These sentences included automatic life imprisonment for certain categories of murder, rape and robbery. A life sentence in South Africa means that a prisoner must serve 25 years in prison before being considered for parole, and this pre-parole period is applicable to prisoners below or above the age of 18 years.

The Centre for Child Law has been undertaking strategic litigation on children's rights since 2003. The work was found to be necessary to close the gap between the promises made to children and the actual reality on the ground, and to shore up children’s rights in situations where new laws are introduced that are not in their interests, such as the minimum sentences laws. In a sense, this kind of litigation in the children's rights field presents a partial return to rebellious lawyering, within a democratic governance context. Strategic litigation, sometimes also called impact litigation, involves selecting and bringing a case to the courtroom with the goal of creating broader changes in society. People who bring strategic litigation want to use the law to leave a lasting mark beyond just winning the matter at hand. This means that strategic cases are as much concerned with the effects that they will have on larger populations and governments as they are with the end result of the cases themselves. South Africa had a vibrant history of strategic litigation dating back to the Apartheid era, and we have the advantages (since 1994) of a Bill of Rights in the Constitution which contains an impressive array of fully justiciable rights, relatively relaxed rules on standing, an inclusive approach to litigation and an independent judiciary. The rule of law and the separation of powers, whilst occasionally seeming precarious, are generally upheld.

In Centre for Child Law v Minister of Justice (National Institute for Crime Prevention and Reintegration of Offenders and Amicus Curiae) 2009 (6) SA 632 (CC), the Centre successfully challenged the constitutionality of minimum sentences (long terms of imprisonment including life) for 16 and 17 year olds. The court declared certain subsections of the minimum sentences Act to be invalid insofar as they referred to 16 and 17 year olds. The effect going forward is that when a court is sentencing any person who was below 18 years at the time of the commission of the offence, the court has full discretion and must follow the Constitutional injunction to use imprisonment as a last resort and for the shortest appropriate period of time. This judgment and its implications going forward will be discussed in detail during the panel presentation.

Our Keynote speaker, Bryan Stevenson, recently was quoted in the NY Times regarding his representation of Joe Sullivan, a young man sentenced to life in prison without parole for a crime he commited when he was 13 years old.  Bryan Stevenson asked the court to say that the Eighth Amendment’s prohibition of cruel and unusual punishment forbids such sentences for youths under the age of 14 convicted of any crime, including murder.

“To say to any child of 13 that you are only fit to die in prison is cruel,” said Bryan Stevenson, Mr. Sullivan’s lawyer. “It can’t be reconciled with what we know about the nature of children.”

Bryan Stevenson is an outspoken advocate for fairness and humanity in the criminal justice system. As he said in a recent speech

"I have been trying to say things about poverty and race and injustice in America. It's not always an easy thing to talk about. There's a lot of fear in our society ... Within the work I do, I see it manifesting itself in some very tragic ways. Today, in the United States, we've had this phenomenon emerge that has fundamentally changed our society. It's called mass incarceration. In 1972, there were 300,000 people in jails and prisons. Today there are 2.3 million. There are 6 million people on probation and parole in this country, and the consequence of that is devastating. The United States incarcerates more people per capita than any other country in the world. For poorer communities and for communities of color, the consequences have been absolutely horrific. One out of three black men between the ages of 18 and 30 is in jail, in prison, on probation, or on parole. In some states, we actually take away the right to vote, permanently, for people with criminal convictions. In my state of Alabama, 31 percent of the black male population has permanently lost the right to vote. We now have economic incentives because we built these prisons to keep 2.3 million people in jail and prisons, and so there are a lot of folks who actually don't want crime to decrease. They don't want there to be fewer people in jails and prisons. And this creates this world where there are these real human problems."

To learn more about making the law work better for all people, come to Reblaw 2010!

 

President Obama has recently called a summit to discuss the Afghan war and to debate the contentious issue of whether to send 40,000 more troops to fight in the conflict that has been battering the country since 2001. Polls in the U.S. indicate that people are split nearly evenly on whether more or less American soldiers belong in Afghanistan. This comes along with the news (reported here in the New York Times), that Iraq faces a constitutional crisis in the coming year, on the eve of America's planned "waterfall" troop withdrawal in the spring, throwing another wrench into George Bush's plan to spread democracy in the Middle East with the midas touch of the American military. Never has there been a more important time to reflect upon the purpose and impact of war. Eric Bogle's mournful and inspiring song And the Band Played Waltzing Matilda (1971), covered here by Irish/English band the Pogues, tells the story of a young Australian man recruited to fight in the First World War and sent into battle at Gallipoli. The song eloquently expresses the brutality and futility of war, the fate of veterans, and the apathy of later generations, and has become an anthem for thousands of Australians and New Zealanders who make pilgrimages to Turkey for Anzac day to commemorate those lost in the battle.

"And as our ship pulled into Circular Quay

I looked at the place where me legs used to be

And thank Christ there was nobody waiting for me

To grieve and to mourn and to pity"

 

Foreshadowing the Brixton race riots of the 1980s, The Guns of Brixton (1979) reflected growing local discontent due to ongoing oppression by police.

When they kick down your front door, how you gonna come?

 

Hi everybody!

Welcome to the Reblawg, the 2010 Rebellious Lawyering Conference's official blog.  We are going to start posting regularly about all things RebLaw, and I hope you keep checking back to see what we're up to as the conference approaches!

As the weather gets colder, winter begins creeping up on the calendar, fireplaces turn on, turkeys are roasted and sleigh bells start ringing, we are all reminded of one thing: turning the legal world on its head through rebellious advocacy and activism!  RebLaw 2010 is beginning to draw near, and, in preparation, our loyal team of seven directors (with a lot of help, obviously) has been putting together an amazing program.  This year's conference is going to be better than ever, and we already have a diverse array of panels and workshops being finalized that are going to be incredible, featuring speakers from all over the U.S. and overseas.  First things first: we have three (3) keynote speakers this year lined up and ready to go.  On Friday, our speech will be delivered by public interest lawyer extraordinaire Bryan Stevenson, known for making his audience, and prosecutors, burst into tears, albeit for different reasons. On Saturday, we will have reknowned scholars, and two of America's premier critical race thinkers, Lani Guinier and Gerald Torres speaking together, which should be bad ass indeed. I recommend everyone check out their biographies on the RebLaw main page, or just google their names, to get stoked for the conference.

Registration will be available online in a number of days, and we highly encourage everybody to check as often as possible to see when panels and workshops have been put up, and to register as soon as you have a chance.  We will be adding them to the site as they are finalized, which should be very soon. Our panel topics include juvenile justice in the USA and South Africa, mass incarceration and its effects on communities, clinical legal education in the Middle East, the challenges faced by LGBTQ prisoners, the future of ATCA litigation, state terrorism in Sri Lanka, the destructive effects of mountaintop removal, and more! Reblaw will also feature an array of how-to workshop sessions, career-building lunch talks, and a documentary film showing. I am also pleased to announce that RebLaw is growing its base, and this year will feature the first panel organized, planned and funded without any participation by Yale law students.  To that effect I'd like to give a shout out to Gabe Armas and his sweet coalition of student groups at NYU, who are developing what should be a fantastic panel dealing with abuses of detainees at border detention facilities.

In addition to all this content, we will also be featuring, as always, free housing with local rebels, good food, and a chance to both network and party with your fellow progressives.  We will be updating this blog on the reg to keep everyone up to date with the latest happenings, so keep checking back to find out what's going on, when registration starts, what our t-shirts are going to look like (slick new design coming soon!).  We also will be bringing you informative submissions from Reblaw panelists to get you prepped for the panels.

We know travel can be expensive too, so we're going to find ways to connect you with fellow rebels to share the costs of travelling so that attending the conference can be cheap and easy (and have a smaller carbon footprint). A good place to start would be joining the Reblaw facebook group: just go on facebook and search for "Reblaw", it should be the first thing that comes up.

So get excited, keep checking back, and always remember to fight the power.

Peace,

Seth

 

 

 

Today marked the kick-off season of Reblaw 2010 recruitment.  We had a lot of interest from a great group of 1Ls -- all whom seemed to have interesting ideas for panel or workshop content.  Last year's Conference drew a record number of visitors from all of the country -- over 600 law students attended.  I have a feeling this year will be even bigger!

All the Student Directors were on deck to help out!  A special thank you to Publicity Chair, Beth Compa, who did an awesome job setting up, getting snacks, and enduring the fly-infestation/ threatening rain clouds! 

Stay tuned for more updates and information about the September 22, 2009 Reblaw Panel/ Workshop Information Session!