Welcome to Law and Disorder Radio
Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder March 30, 2020
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- Hosts Update
Now Is The Time To Fundamentally Transform America
Doug Henwood wrote in a Jacobin magazine article last week that “. . . things could get very ugly, but it is also an opportunity to emerge from this crisis a better country.“
In his article Henwood articulates a vision, “a vision of solidarity and mutual care.“ He believes that millions of lives depend on that. LBO-News.com
Guest – Doug Henwood, his fields of expertise are politics, economics, and finance. He is the publisher of “The Left Business Observer.” Henwood has written four books. His articles have appeared in “The Nation”. the “Los Angeles Times, and “the Guardian“. He hosts the radio show Behind the News each week on the Pacifica station KPFA in Berkeley.
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Aging Prisoners And Prisoner Release During Pandemic
Last week, New York City jails were among the country’s most infected by the virus so far, with at least 38 people testing positive at Rikers Island. Another inmate, became the first in the country to test positive in a federal jail.
In a letter to New York’s criminal justice leaders, Board of Correction interim chairperson Jacqueline Sherman described a jail system in crisis. She said that 12 Department of Correction employees, 5 Correctional Health Services employees, and 21 people in custody at Rikers and city jails had tested positive for the coronavirus.
And at least another 58 were being monitored in the prison’s contagious disease and quarantine units, she said. Across the nation, several large county and municipal jurisdictions have freed thousands of low-risk inmates from jails, including seniors and those in poor health.
New Jersey plans to release as many as a thousand people from county jails, including inmates jailed for probation violations and those sentenced for low-level offenses. Mayor Bill de Blasio said last week that New York City may release more than 200 inmates. Los Angeles County and Ohio’s Cuyahoga County also have released prisoners.
Prisoner advocacy groups in more than a half-dozen states, including Texas, New York, Illinois, Pennsylvania, Indiana and Michigan, continue to urge governors to release state prisoners, especially elderly inmates, through compassionate release or medical furlough.
Guest – Victor Pate, the New York statewide organizer for the Halt Solitary campaign. That stands for humane alternative to long-term isolated confinement.
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Law and Disorder March 23, 2020
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Update:
- Hosts Discuss Civil Liberties Amid Pandemic
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United States Executive Authority Declares Emergency Powers
The last point President Trump’s former attorney Michael Cohen made when he testified last year before Congress was that Trump would never leave office voluntarily. With the pandemic of Covid-19 virus upon us, Trump has the perfect excuse. Last week he declared a state of national emergency. This gives him more than 100 additional powers. He can shut down the Internet, he has already banned gatherings of more than 10 people, and he can send in troops anywhere in the country.
What is the current state of our civil rights and civil liberties?
Guest – Stephen Rohde is a constitutional scholar, lecturer, writer, political activist and retired civil rights lawyer. He is a former President of the ACLU of Southern California and Chair of the ACLU Foundation of Southern California. Mr Rohde has served on the Board of Directors of Death Penalty Focus and was a founder and Chair of Interfaith Communities United for Justice and Peace. He is a past chair of Bend the Arc: a Jewish Partnership for Justice. Mr. Rohde is the author of two books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly, and co-author of Foundations of Freedom: A Living History of Our Bill of Rights. He has written for American Prospect, Truth Out, Huffington Post, and the LA Times and is a frequent contributor to the Los Angeles Review of Books
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United States Executive Authority in Declaring Emergency Powers
U.S. presidents have the discretion to declare a “national emergency.” As soon as he does, he can sidestep many existing limits to presidential authority. In fact, 100 or more special provisions become available to him. Some provide reasonable responses to real emergencies, while others seem to bolster the power of a so-called unitary executive who wants to amassing or retain power. The president can activate laws allowing him to, for example, shut down many kinds of electronic communications inside the U.S. or to freeze Americans’ bank accounts. Other powers are available without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.
The rationale for having emergency powers is simple: The government’s ordinary powers may not be enough in times of crisis, and amending the laws to provide greater ones would take too long. Emergency powers are intended to give a temporary boost until the emergency passes or there is time to change the law through the regular legislative process. The problem comes when presidents don’t have the best interest of the country in mind.
Guest – Andrew Boyd, Counsel in the Brennan Center’s Liberty and National Security Program. Andrew spent 7 years prosecuting senior Khmer Rouge leaders on behalf of the UN for war crimes, crimes against humanity and genocide. He also worked on cases resulting from the 1994 Rwandan genocide at the International Criminal Tribunal for Rwanda.
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Law and Disorder March 16, 2020
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Basic Legal Rights For Animals: Activists and Advocates
Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals have the right to be treated, not as property, but rather as the individuals they are, with their own desires and needs.
Animal law is now widely taught in law schools across North America. There are 167 law schools in the U.S. and Canada, and 11 in Australia and New Zealand, teaching courses in animal law. Several legal scholars support extending basic legal rights and to personhood to non-human animals.
Critics of animal rights argue that nonhuman animals are unable to enter into a social contract, and thus cannot have rights. Another argument is that animals may be used as resources as long as they don’t undergo unnecessary suffering.
Certain forms of animal rights activism, such as the destruction of fur farms and animal labs by the ALF or Animal Liberation Front, have also attracted criticism, and prompted Congressional reaction by enacting of harsh laws allowing these activities to be prosecuted as terrorism. These laws include the Animal Enterprise Terrorism Act.
Guest – Attorney Tamara Bedic, chairperson of the National Lawyers Guild Animal Rights Project. She is a graduate of the University of Virginia School of Law and a masters degree from Columbia University-NY University. Tamara practices employment law with a focus on women and harassment in the workplace.
Guest – Phillip Murphy, Philip Murphy is a writer and social justice activist based in the Greater New York City area. He is a co-founder of the Buddhist Action Coalition NYC, a pan-Buddhist social justice organization, and is also a co-founder of the New York chapter of UK-based Animal Rebellion, a global climate and animal justice movement. His recent article, Why Animal Justice is Crucial in Addressing the Climate Emergency was published at the independent global media platform openDemocracy.net. SHAC 7 Documentary
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