Welcome to Law and Disorder Radio
Law and Disorder is a weekly independent civil liberties radio program airing on more than 100 stations across the United States and podcasting on the web. 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 January 23, 2023
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The Supreme Court Is About To Eviscerate The Right To Strike
Sixty-four years ago, workers and unions gained protection from state lawsuits while pursuing unfair labor practice claims with the federal National Labor Relations Board (NLRB). On January 10, the Supreme Court heard oral arguments in a case that threatens to unravel those protections. A company called Glacier Northwest is suing the International Brotherhood of Teamsters Local Union No. 174, after 85 truck drivers walked off the job. If the high Court rules in favor of Glacier, unions will have to defend against costly lawsuits. And that will likely discourage them from going on strike. A Court decision is expected by the end of June.
Seventy-one percent of the U.S. public supports labor unions. That’s the highest number since 1965. And with an increase in economic inequality, union strikes are on the uptick.
Founded in 1903, the International Brotherhood of Teamsters represents 1.2 million workers in the U.S., Canada, and Puerto Rico. Teamsters President Sean O’Brien remarked that: “Workers in America have the fundamental right to strike, and American workers have died on picket lines to protect it.” In recent years, however, the ultra-right-wing Supreme Court majority has issued decisions systematically eroding these rights.
Guest – Attorney Marjorie Cohn is a legal and political analyst who provides commentary on local, national and international media. She is professor emerita at Thomas Jefferson School of Law, a member of the bureau of the International Association of Democratic Lawyers and the board of Veterans for Peace. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Marjorie Cohn at Truthout
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You may have heard about the shaming of parents who let their son or daughter walk to school by themselves, or ride public transportation alone. They’re often ridiculed on social media and cast as neglectful. But in some instances, the consequences have gone beyond public shaming.
In 2015 parents in Silver Spring, Maryland made national headlines they were investigated for child neglect for letting their children, ages 6 and 10, walk home from a park by themselves.
In another case Lenore Skenazy, a former New York Daily News columnist was called America’s worst mom after writing a column in 2008 about why she let her 9-year-old son ride the subway by himself.
Last year, Utah passed a law making it not a crime for parents to let their children play in a park without supervision or walk home alone from school. This is hopeful news for our guest Lenore Skenazy who has been advocating for so-called free range parenting laws for many years.
Under the law, neglect does not include allowing a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities such as going to and from school by walking, running or bicycling, going to nearby stores or recreational facilities and playing outside.
A recent U.S. Census showed that 7 million of the nation’s 38 million children between the ages of 5 and 14 are left home alone on a regular basis, while the average time spent alone is six hours per week. Only a few states legislate an age under which kids may not be home alone.
Guest – Lenore Skenazy – New York City columnist-turned-reality TV show host got that title after letting her 9-year-old son take the subway, alone. In response to the enormous media blowback, she founded the book and blog, “Free-Range Kids,” which launched the anti-helicopter parenting movement. She has lectured internationally, including talks at Microsoft Headquarters and the Sydney Opera House, and has written for everyone from The Wall Street Journal to Mad Magazine. Yep. The Mad Magazine. And she’s a graduate of Yale.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
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Law and Disorder January 16, 2023
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The Sickness is the System: When Capitalism Fails to Save Us from Pandemics or Itself
We all know almost instinctively that there is a connection between politics and economics. Today we talk with Professor Richard Wolff about that connection. We live in a world in economic turmoil, all the more so because of the US and NATO proxy war against Russia in Ukraine.
At home in the United States, we have the greatest wealth disparity and income disparity in a century. When Standard Old,now Exxon, owner John D. Rockefeller died he was worth $3 billion. Now Jeff Bezos is worth about $180 billion. There has not been a national increase in the minimum wage of $7.25 an hour in decades. Half the people in America are poor or near poor.
There has been a dramatic increase in labor militancy by American workers not seen since just before and just after World War II. US world hegemony is starting to fray even as the military budget increases.
This month Congress passed a budget bill with half of it going to the military. The military received 45 billion dollars more than they even asked for. What is going on? What are the prospects for political action independent of these two capitalist parties?
Guest – Richard D. Wolff is Professor of Economics Emeritus, University of Massachusetts, Amherst, and a Visiting Professor in the Graduate Program in International Affairs of the New School University, NYC. He is the founder of Democracy at Work and host of their nationally syndicated show Economic Update. His latest book is The Sickness is the System: When Capitalism Fails to Save Us from Pandemics or Itself, which can be found along with his other books Understanding Socialism and Understanding Marxism at www.democracyatwork.info.
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Israel’s Far Right Agenda
As reported in the New York Times, less than two weeks into its tenure, Israel’s new and extreme neo-fascist right-wing government has already undertaken a wave of items from its far-right agenda. Items that are designed to weaken the judiciary, entrench Israel’s control of the West Bank, and bifurcate the military’s chain of command so as to give far-right ministers greater control of matters related to Israel’s occupation.
It is likely to have profoundly negative implications for the Palestinian people, as well as profound implications for the already dismal chances of finding a peaceful resolution of the decades long Israeli/Palestinian conflict. Even a great numbers of Israelis have grave concerns about its new government and what its announced plans may mean for them.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project. She was the Co-chair of the Steering Committee for the U.S. Campaign for Palestinian Rights from 2015-2018 and a lead organizer of the Palestinian contingent to Ferguson, Missouri, in 2014.
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Law and Disorder January 9, 2023
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You Might Go to Prison, Even Though You’re Innocent
There is a common belief that if you’re arrested, you are probably guilty because “where there’s smoke, there’s fire.” People assume that only the guilty confess to crimes because why would an innocent person confess to a crime they didn’t commit? And when a person pleads guilty or is convicted by a jury, that’s the end of the matter, in the minds of most people.
In fact, many innocent people are arrested, especially people of color, due to racial profiling and other forms of discrimination by law enforcement. Implicit bias often infects the case as it moves through the criminal legal system – from the initial police stop, to interrogation, arrest, charging, trial and sentencing. This is particularly tragic when a person is charged with a capital crime for which the death penalty is imposed and that sentence is carried out.
However, it is estimated that 10,000 to 20,000 people are currently serving time in prison after being convicted of crimes they did not commit, largely due to prosecutorial misconduct and police misconduct. Unfortunately, even when exonerated, the psychological and physical damage done is so extensive that many people are never able to fully recover from the trauma. In addition, when the wrongful conviction is solely the result of prosecutorial misconduct, those convicted have no legal recourse to be compensated for the wrong done to them because of prosecutorial immunity.
Guest – Justin Brooks criminal defense attorney and law professor has spent decades working to free innocent people from prison. The Founding Director of the California Innocence Project, Brooks is the author of the provocative new book, “You Might Go to Prison, Even Though You’re Innocent.” In it, he discusses false identifications, junk science, lying snitches, and incompetent defense lawyers – which too often lead to the imprisonment of innocent people.
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Junior ROTC In High Schools: Pressure To Join
On her first day of high school, Andreya Thomas and several other freshmen at Detroit’s Pershing High School learned they were enrolled in a class called J.R.O.T.C., or Junior Reserve Officers’ Training Corps. School administrators told them the program was mandatory.
Funded by the U.S. military, the program required students to wear military uniforms in class, recite patriotic declarations, and obey orders from an instructor who often yelled at them. When several tried to drop the class, school officials refused permission, even though the Pentagon says that requiring students to take the programs runs counter to its guidelines. The New York Times recently learned that thousands of public-school students were enrolled in J.R.O.T.C. either as a requirement or through automatic enrollment. Most of the schools with high enrollment numbers were attended largely by nonwhite students and those from low-income households.
Critics of Junior ROTC say that the program’s militaristic discipline prioritizes obedience over independence and critical thinking. And as we reported earlier on Law and Disorder, and now noted by the Times, the program’s textbooks often rewrite or downplay the failings of the U.S. government. With its concentration in schools with low-income and nonwhite students, some claim J.R.O.T.C. encourages students to enlist in the military rather than explore other routes to college or jobs in the civilian economy.
Guest – Rick Jahnkow works for two San Diego-based anti-militarist organizations, the Project on Youth and Non-Military Opportunities, or YANO, and the Committee Opposed to Militarism and the Draft. We spoke earlier with Rick about YANO’s J.R.O.T.C. textbook review project.
Hosted by Attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
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