Louis Brandeis

On this day in 1916, Louis Brandeis became the first Jewish person to be appointed to the U.S. Supreme Court, where he would serve until 1939.

800px-brandeisl

Born to immigrants fleeing antisemitism from what was then the Austrian Empire, he graduated Harvard Law at only 20 years old, with what is rumored to be the highest GPA in the school’s history.

As early as 1890, he helped develop the concept of a “right to privacy” and rallied against big banks, powerful corporations, monopolies, political corruption, and mass consumerism, all of which he felt were anathema to American values. As an attorney, he devoted most of his time to public causes, earning the moniker of the “People’s Lawyer” for his insistence on working pro bono in order to take on the most important issues of the day. He was also dubbed the “Robin Hood of the law” for his fight against railroad monopolies, defense of workers’ rights, and the conceptualization of the newly created Federal Trade Commission, which protected consumers from unfair business practices. He was also recognized for developing the “Brandeis Brief,” which relied on expert testimony from people in other professions to support his case, setting a new precedent in evidence presentation.

Brandeis’ nomination to the Court was so fraught that, for the first time in its history, the Senate Judiciary Committee held a public hearing on it. According to fellow Justice William O. Douglas, it was controversial because Brandeis was a “militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible… [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court.” Indeed, opponents regarded him as an anti business “radical” and “agitator” who lacked the “dispassionate temperament” needed to be a judge. Blatant anti semitism was, of course, also a factor. But enough people came to his defense that he won the nomination 47 to 22.

Ultimately, Brandeis became one of the most influential figures ever to serve on the Court, his opinions recognized by legal scholars as some of the “greatest defenses” of freedom of speech and the right to privacy ever written by a Justice. Throughout my first year of law school, I came across many of his brilliant opinions, many of them lonely dissents in the face of familiar uphill battles against privacy violations — see his prescient dissenting opinion in Olmstead v. United States (1928):

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred against the government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.

Advertisements

Finland’s Simple But Radical Solution to Homelesssness

While most of the developed world struggles with growing or stubbornly unchanged rates of homelessness, one nation is bucking the trend: Finland has seen the number of homeless people decline from its peak of 18,000 just thirty years ago, to 7,000 today (of whom 5,000 are at least in temporary housing with loved ones). It has accomplishd this in a deceptively simple way: by giving homeless people homes.

According to the Christian Science Monitorit all began with the Finnish government making homelessness a national priority:

The elimination of homelessness first appeared in the Helsinki government’s program in 1987. Since then virtually every government has devoted significant resources toward this end.

Around 10 years ago, however, observers noticed that although homelessness in general was declining, long-term homelessness was not. A new approach to the problem was called for, along with a new philosophy.

The optimal solution, a group of four experts appointed by the Ministry of the Environment found, was Housing First. “Solving social and health problems is not a prerequisite for arranging housing,” they observed. “Instead, housing is a prerequisite that will also enable solving a homeless person’s other problems.”

The concept behind the new approach was not original; it was already in selective use in the US as part of the Pathways Model pioneered by Dr. Sam Tsemberis in the 1990s to help former psychiatric patients. What was different, and historic, about the Finnish Housing First model was a willingness to enact the model on a nationwide basis.

So while the Finns aren’t the first to tackle homelessness, they are the first to do so on a national level, thus bringing many more resources and ideas to bear.

“We understood, firstly, that if we wanted to eradicate homelessness we had to work in a completely different way,” says Mr. Kaakinen, who acted as secretary for the Finnish experts. “At the same time right from the beginning there was a national consensus that the problem had reached a crisis point. … We decided as a nation to do something about this.”

[…]

As a result, in 2008 the Finnish National Program to reduce long-term homelessness was drafted and put into place. Helsinki and nine other Finnish cities committed to the program, with the Ministry of the Environment coordinating its implementation, and local governments and nongovernmental organizations, including the Y-Foundation, joining the team.

One of those goals was to cut the number of long-term homeless in half by producing 1,250 new homes, including supported housing units for tenants with their own leases, and around-the-clock presence of trained caring staff for residents who needed help.

 At the same time, the extant network of homeless shelters was phased out. This also involved phasing out the “old way” of thinking about homelessness. “There was some work to be done on attitudes,” concedes Kaakinen. “Some of the people in the NGOs found the idea of unconditional housing hard to accept.” Also some staff had difficulty with not forcing tenants with alcohol or drug problems to go cold turkey before they were given housing.

The model’s success speaks for itself: across the nation, chronic homelessness fell by 35 percent between 2008 and 2015; in some communities, it was halved.

Of course, building new housing and employing specially trained, round-the-clock caregivers is not cheap, costing the government nearly $382 million in that same span of time. Yet supporters of the program point out that this all pays for itself: according to one 2011 study, the country saved $18,500 annually for every homeless person given housing and professional support. That’s because they no longer needed to rely on emergency medical or police services to help them.

But as Juha Kaakinen, CEO of the Y-Foundation, which helps provide 16,500 low-cost apartments for the homeless, points out:

“Of course the fact that the program pays for itself is important, but beyond that, from a moral point of view, as a society which cares for all of its citizens, we didn’t think we see an alternative. This, we felt, was the way to go forward. And we did.”

The Problem With How We Treat Drug Addicts

The United States is facing an opioid and heroin epidemic that is killing and harming record numbers of people; more people died of overdoses in 2014 than in any other year on record.

One of the latest and most troubling images of this problem was a widely circulated photo of a couple passed out in their car with their four year old left watching from the back city. The City of East Liverpool, Ohio saw fit to share the photo on its Facebook profile to “show the other side of this horrible drug”. Continue reading

Map: Lynchings in the Southern U.S. (1877-1950)

One of the most insidious and terrorizing elements of racism and white supremacy in the United States was lynching, broadly defined as an extrajudicial public execution carried out by a mob against an alleged criminal or transgressor. In most cases, the intention was not simply to mete out supposed justice in place of a court of law — not that the legal system in much of the South was any fairer or more impartial — but to enforce social control against particular groups, especially African Americans.

Montgomery, Alabama, which was the center of some of the worst racist atrocities and policies, will soon host one of the nation’s first and largest memorials to lynching, immortalizing the thousands of victims of racially motivated lynchings. (Appropriately, it will sit on the highest spot in the city, which was once the first capital of the Confederacy.)

The organization behind this effort, Equal Justice Initiative, has also put together a map of all the racial lynchings that took place across a  73-year period spanning the end of the post-Civil War Reconstruction Era to the beginning of the Civil Rights movement.  Continue reading

The Globalization of Plutocracy

According to a 2015 paper by American political scientist Larry Bartels of Vanderbilt University, the gap between the rich and poor — and the subsequent unresponsiveness of government to the needs of the majority — is not just a feature of United States, as a multitude of studies have revealed. The struggle between the haves and have nots seems inextricably tied to our species, varying only be degree.

For example, in almost every nation Bartels studied, the wealthy were generally and categorically opposed to social spending, even during bad economic times. Continue reading

Great Advice On Dealing With Panhandlers

Over at Everyday Feminism, wrote an excellent piece addressing how best to respond to panhandling, a sadly common experience in our daily lives that is usually met with indifference, discomfort, and sometimes even hostility.

For those seeking a more constructive and compassionate approach to panhandlers, the article is well worth reading in full. I personally found the following bit of advice to be especially worth highlighting, not least because it echos some of my own sentiments over the years: Continue reading

Is a “Star Trek” Economy Soon Upon Us?

One of the most alluring things about the Star Trek series is its vision of a near-Utopian world, where peace, social justice, and economic prosperity exist for all humanity (and other enlightened species).

Underpinning this success is replicator technology, in which anything anyone could ever want can be made for free, completely eliminating the need for money and, with it, socioeconomic inequality and poverty.

This unusual concept is explored in the book “Trekonomics“,  by Manu Saadia, which examines the implications and feasibility of Star Trek’s “post-scarcity” economy. The New York Times covered some of the book’s key talking points. Continue reading

Even Hardworking, Well Educated Poor Kids Rarely Climb Out of Poverty

Despite its reputation for offering unmatched upward mobility and opportunity, the United States is still a difficult place for people on the lowest rungs of society to climb to prosperity. So concludes some recent research reported in the Washington Post that found even the most resolute and intelligent among the poor have a difficult time getting ahead.

[In] large part, inequality starts in the crib. Rich parents can afford to spend more time and money on their kids, and that gap has only grown the past few decades. Indeed, economists Greg Duncan and Richard Murnane calculate that, between 1972 and 2006, high-income parents increased their spending on “enrichment activities” for their children by 151 percent in inflation-adjusted terms, compared to 57 percent for low-income parents.

But, of course, it’s not just a matter of dollars and cents. It’s also a matter of letters and words. Affluent parents talk to their kids three more hours a weekon average than poor parents, which is critical during a child’s formative early years. That’s why, as Stanford professor Sean Reardon explains, “rich students are increasingly entering kindergarten much better prepared to succeed in school than middle-class students,” and they’re staying that way.

Poverty makes it difficult for parents to spend quality time with children, let alone afford the various extracurricular activities that enhance a child’s aptitude for learning and good behavior earlier on. Even middle class families find it increasingly hard to raise a child optimally, especially as most households require at least two incomes to stay afloat, and ever longer workings hours. Continue reading

Lessons From Norway

Following my recent post about the merits and applicability of the Nordic Model, I figured I would continue with a more in-depth analysis of the Nordic country that can perhaps be considered the most exemplary: Norway, which has consistently been ranked as the best country in the world in overall human development and prosperity.

Needless to say, a nation with as many plaudits and positive outcomes as Norway deserves some measure of scrutiny. What accounts for the country’s unprecedented success in just about every area of human flourishing, from economic wealth and security to civil liberties and health? How did a country that was once among the poorest in the world rise to the upper echelons of social, economic, and political achievement?

American writer Ann Jones spent four years living in this seemingly idyllic country, and recounts her experiences — and why Norway has succeeded where the U.S. has failed — in an article in TomDispatch, later reproduced for BillMoyers.com. She found that enjoyed short working hours, ample time for family and leisure, an accommodating pace of life, and an overall sense of safety and satisfaction.

Most importantly, Norwegians, like the rest of their Nordic neighbors, take a pragmatic approach to government, supporting policies across the political spectrum based simply on whether they work for the majority of people at minimal cost. Continue reading