segunda-feira, 3 de setembro de 2018
quarta-feira, 27 de junho de 2018
Analyzing the Decision
Mourning Something Lost in America's Identity and Ideals.
One of my friends, Prof. Richard Reuben -- who serves on the faculty of the University of Missouri School of Law -- has offered these insights. Earlier in his career, Richard was an award-winning journalist who covered the U.S. Supreme Court.
"A few thoughts after having read the travel ban decision, [Trump v. Hawaii, Slip Op. No. 17-965 (June 26, 2018):]
1. It is not surprising to see the Supreme Court back executive power in the context of international affairs, and especially so in the context of national security. I tend to agree with this in principle.
2. Chief Justice Roberts' decision was an embarrassment -- deliberately shallow, both in accepting Trump's results-oriented "policy consideration" and in its paucity of reference to precedent. The reason seems pretty obvious. As been our history until this day, most of that precedent goes against his decision.
3. The lack of rigor is probably the most disturbing part of the opinion. For example, Roberts stressed national security, but there was no evidence, anywhere, of an actual national security risk that was in any way greater than that which we endure every day. The only difference was who sits in the Oval Office.
A stronger opinion reaching the same outcome could have been written, and Roberts' failure to do so constitutes an abdication of the judicial role. A judge not only has the duty to decide, but also to persuade that its decision is correct. A written and reasoned opinion is essential to the legitimacy of the decision. By any measure, the Roberts fails that test.
4. The court's decision to reject the Establishment Clause claim was naked judicial activism because the issue was not decided below. It's decision to reverse Korematsu was even worse because, as Roberts conceded, it wasn't even argued by the parties. Rather, the decision to reverse was occasioned only because the dissent brought the case up. What's next, Plessy v. Ferguson?
5. Justice Kennedy was in the five-justice majority. He has always been bad on race, and this is just another example.
6. The travel ban is now up to Congress. The opinion was almost entirely an interpretation of a statute. Congress can overrule that interpretation. The Republican Congress will not do that, of course.
7. American democracy is now on life support, and this decision removes one of the tubes by abandoning a strong judicial role. If the Republicans keep Congress this fall, and Trump wins another term -- more likely if the Republicans keep Congress -- the American experiment in democracy that began in 1776 will be over."
Copy of the decision here.
For another summary of the ban, see here and here.
For a summary of Justice Sotomayor's dissent, see here. Her dissent concludes by saying:
By blindly accepting the Government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one “gravely wrong” decision with another.Effects of travel ban here.
Thoughts coming from the Muslim community, here.
Another point of view here.
segunda-feira, 11 de junho de 2018
How to be the Best . . .
and Learn from the Worst
Doha does not have a deep collection of print books for sale. I was at Doha Festival City twice last week. After touring the entire mall, I found a book I did not expect to see in Doha.
It's Robert I Sutton's Good Boss, Bad Boss. The book builds on his research that supported an earlier book called The No Asshole Rule. I read the earlier book, several years ago, when I served on a law school's hiring committee. We tried to use the advice in the book. Overall, we built a small faculty of dedicated teachers. Sadly, we did hire a few jerks along the way, and frankly, the institution paid for it.
Amazon describes the new book in this way:
If you are a boss who wants to do great work, what can you do about it? Good Boss, Bad Boss is devoted to answering that question. Stanford Professor Robert Sutton weaves together the best psychological and management research with compelling stories and cases to reveal the mindset and moves of the best (and worst) bosses . . . . As Dr. Sutton digs into the nitty-gritty of what the best (and worst) bosses do, a theme runs throughout Good Boss, Bad Boss - which brings together the diverse lessons and is a hallmark of great bosses: They work doggedly to "stay in tune" with how their followers (and superiors, peers, and customers too) react to what they say and do. The best bosses are acutely aware that their success depends on having the self-awareness to control their moods and moves, to accurately interpret their impact on others, and to make adjustments on the fly that continuously spark effort, dignity, and pride among their people.I would add that good bosses aggressively protect their followers from "red tape, meddlesome executives, nosy visitors, unnecessary meetings, and a host of other insults, intrusions, and time wasters." Good bosses play this "human shield" role so employees can do the work they need to do and meet goals that move the organization forward.
In chapter 8, Sutton mentioned his Asshole Rating Self-Exam (or ARSE Test). Some of the questions are very surprising . . . and disturbing. I can't imagine someone answering true to most of them! Psychopaths for sure.
The scoring system follows:
0 to 5 “True”: You don’t sound like a certified asshole, unless you are fooling yourself.
5 to 15 “True”: You sound like a borderline certified asshole, perhaps the time has come to start changing your behavior before it gets worse.
15 or more: You sound like a full-blown certified asshole to me, get help immediately. But, please, don’t come to me for help, as I would rather not meet you.(I scored 0 on the exam, but I may be fooling myself. I attribute that score to the 3,500 hours of dispute resolution training I have gotten over the last twenty years.)
The book is an easy and helpful read. I also recommend his blog -- Work Matters, which I have added to my blog roll.