Sunday, January 6, 2008

Civil Rights [1st]

1. Not whether the government has the right to treat different people differently; it is whether such differences in treatment are reasonable.
2. Publicized their grievances and organized a civil rights movement. Now leaders focused on integration and being equal with the white people.
3. Step 1: persuade the court to declare unconstitutional laws creating schools that were separate but obviously unequal. Step 2: persuade the court to declare unconstitutional laws creating schools that were separate but unequal in not-so-obvious ways. Step 3: persuade it to rule that racially separated schools were inherently unequal and hence unconstitutional. Successes: Lloyd Gaines, Linda Brown v B.O.E.
4. Busing to make integration possible. People lived where they lived and this made it hard for the schools to become integrated. "Freedom of Choice" was introduced and school stayed pretty much the same. A school must now show signs of having the intent to be segregated in order for it to violate the law.
5. First, public opinion was changing. Second, acts from whites upon blacks in a harmful way were caught on tape and shown on t.v. and caused a strong moral force to rise. Third, JFK was shot by a left wing association. Fourth, in 1964, the Democratic party took majority in the house and outnumbered those in the South.
6. In the 60's, less than 1/3 of the black population was registered to vote and as time continued, the number of registered blacks rose. Also, bills were passed that allowed certain freedoms to blacks and so they decided to just give them all the rights that whites had...?
7. It has made a complete 360 degree turnaround. With women having almost no rights, they now have them all. First standard: reasonableness, when the government treats some classes of people differently from others, the different treatment must be reasonable and not arbitrary. Second standard: strict scrutiny, some instances of drawing distinctions between different groups of people are inherently suspect; thus the court will subject them to strict scrutiny to ensure that they are clearly necessary to attain a legitimate state goal.
8. The debate is whether or not the government should step in to make the nation as a whole desegregated, including women and all other minorities. Equality of result is having the government take affirmative action to hire minorities while equality of opportunity says that people want things to happen on their own course and and there should be no special treatment given to one or more minorities.
9. The court adapted a standard somewhere between reasonableness and strict scrutiny.
-state can't set different ages at which men and women become legal adults
-state can't set different ages at which men and women can buy beer
-women cannot be barred from jobs by arbitrary height and weight requirements
-employers cannot require that women take mandatory pregnancy leaves
-business and service clubs cannot exclude women
-women and men get same amount of money for retirement benefits
10. At first, they really didn't care too much. Then, in 1973, Texas law was struck down with Roe v Wade. The right to privacy was what the court went with. Groups introduced constitutional amendments to overturn the Roe v Wade but none succeeded. The Court broadened its views on the decision saying that women must be informed on what they would like to do. 1992, the court said that there was a right to have an abortion [Casey and Stenberg cases tried to overturn Roe].
11. Through compensatory action. Disabled persons cannot be denied a job if there is reason to believe that they can do it. Methods of transportation should be accessible to the disabled as well as public accommodations.

Civil Liberties [7+8]

7. The law is changed nearly every year. In the end, it has been decided that if evidence of a crime was obtained illegally (without a warrant), it would be excluded from trial [exclusionary rule]. Warrants can only be given out if the police have persuaded a judge to believe that there is evidence at a location that would help win the case. Things can be obtained if they are in immediate view or you. People have been given the right to be silent after the Miranda case. The Good-Faith Exception Rule states that evidence will be allowed if there was a constitutional error.
8. US Patriot Act - telephone taps - government can tap a line with consent
internet taps - government can tap the internet with consent
voice mail - government can seize voice mail
immigration - immigrants can be held in contempt for up to seven days
money laundering - government can track money better and more efficiently
crime - penalties are increased

Interest Group [ATLA]

A.
1. Issues - promoting a fair and effective justice system of attorneys and of clients.
2. ATLA, now called AAJ, doesn't exactly support or opposes any legislation. They simply try to make the best decision under the given circumstances. For instance, AAJ would like for the CPSC to select a new Chair because the current chair, Nancy Nord, was doing a very poorly job at keeping children's toys safe.
3. AAJ doesn't try to influence policy. They are simply trying to make whatever they can possibly manage better for the American people and to keep things fair. Hence the named, American Association for Justice, they want to make sure justice is served in a fair manner. They work with the current policies.
4. AAJ uses the media to record mostly public speaking. One case is "Dangerous and Defective Products Cannot Hide Behind Court Secrecy Agreements". In this case, there were court-secretary agreements that were made and would've hid safety hazards from the public and could possibly injure the general public. There is now a law that allows a judge to decide if the agreement would cause harm and if it did, the agreement was nulled.
Excerpt:

Dangerous and Defective Products Cannot Hide Behind Court Secrecy Agreements

The American Association for Justice today released the following statement by President Kathleen Flynn Peterson concerning the Sunshine in Litigation Act (S. 2449) introduced today:

The Sunshine in Litigation Act introduced today and sponsored by Senators Herb Kohl (D-WI) and Patrick Leahy (D-VT) will help strengthen our civil justice system, increase the opportunity for individuals to get justice, and hold wrongdoers accountable.

Too often, court secrecy agreements are used by powerful corporations to hide public safety hazards from the American people and the public safety agencies responsible for protecting them from dangerous and defective products. This legislation will not prohibit all confidential agreements, but instead enable fair and impartial judges to rule that where the public interest outweighs legitimate confidentiality interests, courts should not withhold vital health and safety information from the public.

As attorneys, we are dedicated to making sure that those who are injured by the misconduct and negligence of others may get justice in the courtroom, even when taking on powerful interests. This legislation will help ensure that those powerful interests cannot hide dangerous and defective products behind a cloak of court-approved secrecy agreements.

5. AAJ will target any branch of government and the congressional committees if they have the monetary resources as well as support from the public and all that are affected by the issue at hand.

B.
1. Issues: AAJ is concerned with issues that revolve around the fact of whether of not there is a fair trail or an apparent wrongdoing on an individual or corporations behalf.
Article One - AAJ has demanded the Bush Administration withdraw new regulatory language that may be interpreted to prohibit auto accident victims from pursuing legal action against manufacturers of unsafe tires responsible for their injury or death.
Article Two - AAJ said that the verdict given to an individual about suing for 54 million dollars over a pair of lost pants was fair. They said the courtroom was for people that really needed it.
Article one shows that they are trying to introduce an era where people understand that there is a need for people to understand that products should be held to a standard.
C.
1. Strengths - It follows the general public and their ideology. Weaknesses - Seeing that it follows the general public, there is room to question its beliefs.
2. AAJ doesn't really have an agenda, but if it did, I would say that they would be on the ball of things because they have to check up on everything. From children's toys to poorly made tires.
3. I would say their effectiveness would have to go both ways. In some cases, such as the one involving the public to sue for damages to a company would say that people will k=hear the cry and support their ideas. However, with the case of the lost pair of pants, they simply agreed with the judges ruling. How does that help anyone?

Extra Credit [Interest Groups]

1. Four factors explain the rise of interest groups. First factor consists of broad economic developments that create new interests and redefine old ones. The second factor was that government policy helped create them. The third factor is that there is one person that steps up to be the leader of the interest group and devotes his or her time because they are caught up in a political movement or religious doctrine. The fourth factor is that the more activities the government takes, the more people there are that are interested in the activities.
2. People are offered an incentive to join a group. Solidary incentives is a status incentive in the country. Material incentives is the physical possession of any item, money, etc. Purposive incentive is understanding why they should join and get others to join to make the country a better place to live.
3. A social movement is a widely shared demand for some change is some aspect of the social or political order. Social movements need not have liberal goals. Social movements usually occur after a big event such as an oil spill.
4. Funds come in many ways. One way is foundation grants, which are grants from businesses that established a process of issuing grants to groups that require money to continue their efforts. Another form of a grant is a federal grant that comes from the government at the request of the group for a specified project and not for the general group. There is one other way to get money for a group - direct mail. People send out mail asking for money to support the group.
5. Ratings is a way in which political cues are made known. The ratings are designed to generate public support or legislator. The ratings are sometimes biased because of technicalities.
6. Insider strategy - members worked closely with few members of Congress, meeting privately exchanging information and sometime favors.
Outsider strategy - just the opposite, members worked with many members of Congress and meet in public without having the need to exchange favor because that is against the law.
7. Money doesn't really advance an interest group. There needs to be support. Back in the day, members of the interest groups would have their wallets do the talking and influence members of Congress to pass the bills that would help that specific interest group. There was a law that was passed in 1973 that discontinued this. There was a limit as to how much one could give to a candidate for federal office. It also set up PAC's.
8. The "revolving door" theory - that interest groups promise jobs to members of Congress that are cushion jobs that still give out a sum of money in salary if they vote in favor of the group after there term is over.
9. Other methods of getting their views into the public eye and government is to organize a type of rally. The most effective used by proper people are called "sit-ins". It was used most effectively by women when going for their right to vote. The sit-in usually disrupts to working of some institution and if people are arrested, they become martyrs and are glorified.
10. People are defined a lobbyist if they spend more than 20% of their time lobbying, are paid at least 5,000 dollars in a 6 month period to lobby, and corporations that spend at least 20,000 dollars in any 6 month period on their own lobbying staff.

Congress [23-29]

23. public bill - pertaining to public affairs
private bill - pertaining to an individual
simple resolution - passed by either the House or Senate
concurrent resolution - settles housekeeping and procedural matters that affect both houses
joint resolution - requires the approval of the president; essentially a law
multiple referral - bill being referred to multiple committees that consider it in whole or in part
sequential referral - speaker is allowed to refer the bill to a second committee after the first
discharge petition - petition to discharge a bill after it has been with a committee for 30 days and bring it to the floor
closed rule - sets a strict time rule on debate and forbids the introduction of any amendments from the floor
open rule - permits amendments from the floor
restrictive rule - permits some amendments but not others
quorum - minimum number of members who must be present for business to be conducted
quorum call - calling of role to find out if necessary number of members are present
cloture rule - requires that 16 senators sign a petition to move cloture
double-tracking - currently disputed bill is set aside so Senate can conduct other business
voice vote - member saying 'yea' or 'nay'
division vote - standing vote where those in favor stand and those against sit
teller vote - members pass between to tellers and have there votes recorded
roll-call vote - members answer 'yea' or 'nay' when their name is called
24. Can be broken by have senators vote to move cloture and the motion is voted on two days after and 3/5 of the Senate must vote for it. Each member will now have one hour of debate and the total debate may not exceed more than 100 hours.
25. For the House and their one committee rule, there is a more thorough analysis which leads to a better informed decision. However, the Senate members would have been in the practice for more year which would lead to the fair and better understanding of the people that they represent.
26. Article One
Section One - all legislative power is granted to the Senate and House
Section Three - Senate shall have sole power to try impeachments
Section Seven - all bills for raising revenue is granted to the House, bills passed through Congress before a law
Article Two
Section Two - Senate gives consent to make treaties
27. Term limits have been put in place to reduce power of the elected officials while making it easier for Congress to pass legislation in a timely fashion.
28. Congress became subject to Civil Rights Act, Equal Pay Act, Age Discrimination Act, and the Family and Medical Care Leave Act and 11 other laws.
29. Not to accept more than 100 dollars in value of anything from another person unless it be from a person friend or spouse, practices are regulated.

Keeler [Key Terms]

Chapter 17

1. comparable worth - policy under which the government specifies a minimum wage for some occupations
2. craft union - labor organization that includes workers from a particular occupation
3. derived demand - demand for an input such as a labor is derived from the demand for the final product
4. industrial union - labor organization that includes all types of workers from a single industry
5. input-substitution effect - change in the quantity of labor demanded resulting from a change in the relative cost of labor
6. labor union - organized group of workers, the main objective of which is to improve working conditions, wages, and fringe benefits
7. learning effect - increase in a persons wage resulting from the learning of skills required for certain occupations
8. long-run demand curve for labor - curve showing the relationship between the wage and the quantity of labor demanded in the long run
9. marginal product of labor - change in output per unit change of labor
10. marginal revenue product of labor - extra revenue generated from 1 more unit of labor; equal to price of output times the marginal product of labor
11. market supply curve for labor - curve showing the relationship between the wage and the quantity of labor supplied
12. monopsony - market in which there is a single buyer of an output
13. output effect - change in the quantity of labor demanded resulting from a change in the quantity of output
14. short-run demand curve for labor - curve showing the relationship between the wage and the quantity of labor demanded in the short run
15. signaling or screening effect - increase in a person's wage resulting from the signal of productivity provided by completing college

Chapter 18

1. corporate bond - promissory note issued by a corporation when it borrows money
2. corporate stock - certificate that reflects in a corporation and gives the holder the right to receive a fraction of the corporation's profit
3. corporation - legal entity that is owned be people who purchase stock in the corporation
4. credit rationing - practice of limiting the amount of credit available to individual borrowers
5. demand curve for loanable funds - curve that shows the relationship between the interest rate and the quantity of loanable funds demanded by borrowers
6. dividends - part of a corporation's profit paid to stockholders
7. government bonds - promissory note issued by a government when it borrows money
8. interest rate - amount of money paid for the use of a dollar for a year
9. market for loanable funds - market in which savers (suppliers of funds) and borrowers (demanders of funds) interact to determine the equilibrium interest rate (price of loanable funds)
10. present value - maximum amount a person in willing to pay today for a payment to be received in the future
11. supply curve for loanable funds - curve that shows the relationship between the interest rate and the quantity of loanable funds supplied by savers

Chapter 19

1. Aid to Families with Dependent Children (AFDC) - government poverty program that provides assistance to families with children under the age of 18
2. dependency ratio - ratio of the population over 65 years of age to the population between 20 and 65
3. earned income tax credit (EITC) - tax subsidy given to low-wage workers
4. family - group of two or more individuals related by birth, marriage, or adoption who live in the same housing unit
5. household - group of related family members and unrelated individuals who live in the same housing unit
6. managed competition - health system in which organizations such as HMOs compete for patients
7. Medicaid - program that provides medical services to the poor
8. Medicare - government program that provides health benefits to those over 65 years of age
9. pay-as-you-go - retirement system that pay benefits to the old with taxes currently levied on the young
10. poverty budget - minimum amount the government estimates that a family needs to avoid being in poverty
11. social insurance - system that compensates individuals for bad luck, low skills, or misfortune
12. Social Security - government program that provides retirement, survivor, and disability insurance
13. Supplemental Security Income (SSI) - special program for the aged, the blind, and the permanently disabled

Congress [11-22]

11. malapportionment - drawing the boundaries of political districts so that districts are very unequal in population.
gerrymandering - drawing the boundaries of political districts in bizarre of unusual shapes to make it easier for candidates of the party in power to win elections in those districts.
majority-minority districts - congressional districts designed to make it easier for citizens of a racial of ethnic minority to elect representatives.
12.
13. Differences between votes from the first time to the second time that a candidate is elected. There is usually an eight to ten percent increase. It happens because the voters are familiar with their representative. The outcome is that the elected official can have freedom when voting on an issue. They also need not to explain as much as to why they voted if against his or her constituents.
14. representational - they should represent the constituents ideas.
organizational - they should represent their party line.
attitudinal - they should represent their ideology.
15. People don't get along with those that disagree with them. There is polarization in the legislature.
16. Majority party decides a majority leader that oversees the Senate while the V.P. is away. Power also rests in the minority leader. The majority and minority leaders of both parties elect a whip; a senator that keeps the leader informed about what others are thinking, garners members for voting, and keeps a count on how voting of an issue will go. What the majority and minority leaders do is schedule the business of the Senate. The majority leader is recognized first in any floor debate. Both parties in the Senate chooses a Policy Committee who help the party leader schedule Senate business.
17. Decides who shall be recognized on the floor; rules whether a motion is relevant; the committees to which bills are considered.
18. There is speculation that districts have been drawn in such a way as to protect either party. There is also evidence that suggests that Congress has become more polarized. Seniority plays a role in party polarization as well.
19. It is an association of members of Congress created to advocate a political ideology or a regional or economic interest. They are important because they represent a single interest of a faction of the general public such as minorities and their rights.
20. standing committee - more or less permanent bodies with specified legislative responsibilities
select committee - groups appointed for a limited purpose and usually lasting only a few congresses
joint committee - those on which both representatives and senators serve
conference committee - representatives and senators appointed to resolve differences in the Senate and House versions of the same piece of legislation before final passage.
21. Six chairmen were removed and a new six-year term was imposed and replaced many of the old chairmen. Committees in Congress were decentralized and have become more and more based on majority. The effects of the changes was to give power to the individual member and lessen the power of a party leader and committee chairmen. Having a large staff creates a demand for more staff because for every one member, he or she has a mission that is too big for them alone to handle. For example, a member may be a lobbyist and needs people out on the streets to get a feel for what people would vote for if introduced. Right there one would need someone to organize the movement and another to create a fund and so on.
22. CRS - responds to congressional requests for info. Keeps track of the status of every major bill before Congress and produces a summary sent to Congress
GAO - investigates agencies and policies and makes recommendations on government. Performed financial audits of money spent by the executive branch
CBO - advises Congress on the likely economic effect of a bill. Prepares analysis reports of presidential spending and economic projections