Janus-Faced Judging: How the Supreme Court is Radically Weakening Stare Decisis

Source: Michael Gentithes, Loyola University Chicago School of Law, January 16, 2020

From the abstract:
Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly and undermine trust in the judiciary. Stare decisis has traditionally limited the pace of such change on the Court, acting as a bulwark to wholesale jurisprudential reversals by the Justices. Yet in recent years, the stare decisis doctrine itself has come under threat.

With little public or scholarly notice, the Supreme Court has radically weakened stare decisis. The Court has long suggested that a precedent, regardless of the quality of its reasoning, should stand unless there is some special, practical justification to overrule it. But in several recent decisions, the Court has suggested that “poor reasoning” in a prior decision both triggers stare decisis analysis and justifies overruling cases. This presents a grave threat to legal stability. Justices can always find reasoning they believe is “poor” in prior decisions. Stare decisis under this formulation provides little restraint against changing course. It also opens the door to “wave theories” of stare decisis, whereby new Justices seeking rapid change can claim fidelity to a weak version of stare decisis early in their careers, only to suggest a stronger version later to protect their own decisions.

This weakened version of stare decisis has deep analytical flaws that would allow perpetual changes to legal doctrine based simply on the current Justices’ policy preferences. The Court must not accept the alarming effects such a weak version of stare decisis would have on legal stability, consistency, and judicial legitimacy.

A Collection of Materials About Rev. Martin Luther King, Jr.

Portrait of Rev. Martin Luther King, Jr.
From the National Archives and Records Administration.
Resources from The King Center, Atlanta, Georgia
Complete Transcript of the Martin Luther King, Jr. Assassination Conspiracy Trial
Martin Luther King Encyclopedia (via Stanford University)
Digitized: Official March on Washington Program (via NARA)
This program listed the events scheduled at the Lincoln Memorial during the August 28, 1963.
● The Martin Luther King, Jr. Papers Project at Stanford University
MLK Day Resources (via Infoplease.com)
Includes: History of the Holiday, Biography of Martin Luther King, Civil Disobedience, King Assassination Conspiracy Theories, The March on Washington, Excerpt from the “I Have a Dream” Speech, Martin Luther King Speeches, Quotes from Martin Luther King, Timelines: Martin Luther King, Jr. and Civil Rights Movement
Voices of Civil Rights Online Exhibition (via Library of Congress)
The exhibition Voices of Civil Rights documents events during the Civil Rights Movement in the United States. This exhibition draws from the thousands of personal stories, oral histories, and photographs collected by the “Voices of Civil Rights” project, a collaborative effort of AARP, the Leadership Conference on Civil Rights (LCCR), and the Library of Congress, and marks the arrival of these materials in the Library’s collection.
Court Documents Related to Martin Luther King, Jr., and Memphis Sanitation Workers (via National Archives and Records Administration)
tion)
We Shall Overcome, Historic Places of the Civil Rights Movement (via National Park Service)
Online exhibition.
Nobel Peace Prize Materials (via NobelPrize.org)
Presentation Speech Gunnar Jahn*, Chairman of the Nobel Committee, 1964
MLK’s Nobel Prize Acceptance Speech
December 10, 1964
Transcript of MLK’s Nobel Lecture
December 11, 1964
Martin Luther King, Jr. and the Civil Rights Movement Resources (The Seattle Times)
Martin Luther King, Jr. National Historic Site (via National Park Service)
CNN Student News One-Sheet: Martin Luther King Jr. (via CNN)

Why Don’t Women Self-Promote As Much As Men?

Source: Christine Exley, Judd Kessler, Harvard Business Review, December 19, 2019

….Since self-promotion is a pervasive part of work, those of us who do more self-promotion may have better chances of being hired, being promoted, and getting a raise or a bonus. As researchers interested in gender gaps in earnings, negotiations, and firm leadership, we wondered whether gender differences in self-promotion also exist and might contribute to those gaps.

We found a large gender gap in self-promotion — with men rating their performance 33% higher than equally performing women. To understand what’s driving this gap, we looked at two factors that might influence one’s level of self-promotion: confidence (you may be unsure of your actual performance) and strategic incentives (you may talk up your performance to get a raise or promotion)…..

Six tax-based ways to tackle US income inequality

Source: Jeffrey Frankel, The Guardian, December 18, 2019

….The first policy proposal would be to reinforce the estate tax. ….
Second, policymakers should give the IRS the resources it needs to collect taxes that are owed…..
Third, expanding the Earned Income Tax Credit (EITC) would help to “make work pay”. ….
Fourth, the payroll tax should be made more progressive…..
Fifth, the US government also should make the income tax more progressive – for example, by cutting the gap between the tax rates on investment income and wages. ….
Finally, Congress should revisit the December 2017 corporate-tax cut to make it revenue-neutral…..

Solidarity and disparity: Declining labor union density and changing racial and educational mortality inequities in the United States

Source: Jerzy Eisenberg‐Guyot, Stephen J. Mooney, Amy Hagopian, Wendy E. Barrington, Anjum Hajat, American Journal of Industrial Medicine, Early View, December 17, 2019
(subscription required)

From the abstract:
Background:
Recently, United States life expectancy has stagnated or declined for the poor and working class and risen for the middle and upper classes. Declining labor‐union density—the percent of workers who are unionized—has precipitated burgeoning income inequity. We examined whether it has also exacerbated racial and educational mortality inequities.

Methods:
From CDC, we obtained state‐level all‐cause and overdose/suicide mortality overall and by gender, gender‐race, and gender‐education from 1986–2016. State‐level union density and demographic and economic confounders came from the Current Population Survey. State‐level policy confounders included the minimum wage, the generosity of Aid to Families with Dependent Children or Temporary Assistance for Needy Families, and the generosity of unemployment insurance. To model the exposure‐outcome relationship, we used marginal structural modeling. Using state‐level inverse probability of treatment‐weighted Poisson models, we estimated 3‐year moving average union density’s effects on the following year’s mortality rates. Then, we tested for gender, gender‐race, and gender‐education effect‐modification. Finally, we estimated how racial and educational all‐cause mortality inequities would change if union density increased to 1985 or 1988 levels, respectively.

Results:
Overall, a 10% increase in union density was associated with a 17% relative decrease in overdose/suicide mortality (95% confidence interval [CI]: 0.70, 0.98), or 5.7 lives saved per 100 000 person‐years (95% CI: −10.7, −0.7). Union density’s absolute (lives‐saved) effects on overdose/suicide mortality were stronger for men than women, but its relative effects were similar across genders. Union density had little effect on all‐cause mortality overall or across subgroups, and modeling suggested union‐density increases would not affect mortality inequities.

Conclusions:
Declining union density (as operationalized in this study) may not explain all‐cause mortality inequities, although increases in union density may reduce overdose/suicide mortality.

Uneven Patterns of Inequality: An Audit Analysis of Hiring-Related Practices by Gendered and Classed Contexts

Source: Jill E Yavorsky. Social Forces, Volume 98, Issue 2, December 2019
(subscription required)

From the abstract:
Despite women’s uneven entrances into male-dominated occupations, limited scholarship has examined whether and how employers in different occupational classes unevenly discriminate against women during early hiring practices. This article argues that intersecting gendered and classed features of occupations simultaneously shape hiring-related practices and generate uneven patterns of inequality. Using data derived from comparative white-collar (N = 3,044 résumés) and working-class (N = 3,258 résumés) correspondence audits and content-coded analyses of more than 3,000 job advertisements, the author analyzes early hiring practices among employers across two gendered occupational dimensions: (1) sex composition (male- or female-dominated jobs) and (2) gender stereotyping (masculinized or feminized jobs, based on the attributes that employers emphasize in job advertisements). Broadly, findings suggest a polarization of early sorting mechanisms in which discrimination against female applicants is concentrated in male-dominated and masculinized working-class jobs, whereas discrimination against male applicants at early job-access points is more widespread, occurring in female-dominated and feminized jobs in both white-collar and working-class contexts. Interestingly, discrimination further compounds for male and female applicants—depending on the classed context—when these occupational dimensions align in the same gendered direction (e.g., male-dominated jobs that also have masculinized job advertisements). These findings have implications for the study of gender and work inequality and indicate the importance of a multidimensional approach to hiring-related inequality.

Prosocial Behaviors: A Matter of Altruism or Public Service Motivation?

Source: Jaclyn S Piatak, Stephen B Holt, Journal of Public Administration Research and Theory, Advance Articles, December 6, 2019
(subscription required)

From the abstract:
In recent years, public service motivation (PSM) research has grown substantially, but is still largely limited to the field of public administration. To be able to export the theory and measures of PSM to other disciplines, we need more conceptual clarity. Some suggest PSM is analogous to altruism, whereas others warn not to confound the two concepts. Is PSM separate from altruism? How does each motivational construct relate to prosocial behaviors? We use a nationally representative panel of respondents to the Cooperative Congressional Election Study (CCES) to measure both altruism and PSM among respondents before the 2016 election and measure respondents’ participation in prosocial behaviors after the 2016 election. Using linear probability models with state fixed effects, we find that although PSM and altruism predict prosocial behaviors separately, altruism has no effect after controlling for PSM. PSM is a more consistent predictor of some prosocial behaviors than altruism, particularly in more formal contexts such as volunteering with an organization.

Stress Testing States 2019

Source: Sarah Crane, Regional Financial Review, October 2019
(subscription required)

The business cycle is at a critical juncture. Recession risks in the U.S. are as high as they have been since the record-long economic expansion began more than a decade ago. Recessions and their place in the business cycle are an accepted fact of life in any organization, especially government. Therefore, preparing for recessions is an equally inescapable concept, with potentially devastating consequences for those who treat it as an afterthought. To help state governments better prepare for the next recession, Moody’s Analytics has taken to performing annual stress tests on their budgets. This paper will serve as an update to our 2018 state stress-testing exercise. We estimate the amount of fiscal stress likely to be applied to state budgets under different recession scenarios and compare that stress to the amount of money that states have set aside in reserve.

Copy, Paste, Legislate (beta)

Source: Center for Public Integrity, 2019

Do you know if a bill introduced in your statehouse — it might govern who can fix your shattered iPhone screen or whether you can still sue a pedophile priest years later — was actually written by your elected lawmakers? Use this new tool to find out.

Spoiler alert: The answer may well be no.

Thousands of pieces of “model legislation” are drafted each year by business organizations and special interest groups and distributed to state lawmakers for introduction. These copycat bills influence policymaking across the nation, state by state, often with little scrutiny. This news application was developed by the Center for Public Integrity, part of a year-long collaboration with USA TODAY and the Arizona Republic to bring the practice into the light.

Related:
Puppies, phones and porn: How ‘model legislation’ affects consumers’ lives
Source: Kristian Hernández, Pratheek Rebala, Center for Public Integrity, November 20, 2019

…..Earlier this year, the Center for Public Integrity, USA TODAY and the Arizona Republic analyzed model statehouse bills to take the first nationwide accounting of how prolific copycat legislation has become.

Today, the news organizations publicly released a new model legislation tracker that goes deeper, identifying copycat legislation by comparing statehouse bills to each other — and making that information accessible to the public.

The tool developed by Public Integrity reveals model bills — some previously unidentified — that impact nearly every aspect of American life, from who can grow hemp or breed puppies, to what can be called “milk” or “meat” for purchase at your local grocery stores.

Using the new model legislation tracker, Public Integrity retrieved nearly 1.2 million bills across all 50 states and compared their text to identify when two bills in different states have common language…..

There’s a pay penalty for certain speech patterns

Source: Futurity, November 12, 2019

The new paper by Jeffrey Grogger, a professor in urban policy at the Harris School of Public Policy at the University of Chicago, shows that workers with racially and regionally distinctive speech patterns earn lower wages compared to those who speak in the mainstream.

For Southern whites, speech-related wage differences are largely due to location, with Southern-sounding workers who live in rural areas earning less than those in urban areas.

For the black community, what Grogger calls “a sorting model” explains the wage difference, which can be significant. The term refers to African Americans who speak with what are perceived as mainstream accents sorting into jobs that involve intensive interactions with customers and coworkers—and earning a sizable wage premium in positions including lawyer, psychologist, dietitian, and social worker…..

Related:
Speech and Wages
Source: Jeffrey Grogger, Journal of Human Resources, Vol. 54 no. 4, Fall 2019
(subscription required)

From the abstract:
Although language has been widely studied, relatively little is known about how a worker’s speech, in his/her native tongue, is related to wages, or what explains the observed relationship. To address these questions, I analyzed audio data from respondents to the NLSY97. Wages are strongly associated with speech patterns among both African Americans and Southern whites. For Southern whites, this is largely explained by residential location. For blacks, it is explained by sorting: workers with mainstream speech sort toward occupations that involve intensive interpersonal interactions and earn a sizeable wage premium there.