justice

College Loan Slavery: Student Debt Is Getting Way Out of Hand

2008-11-12T12:23:56Z

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The economy these days looks frightening for just about everyone. Who would want to be a retiree with little to no earning potential, or a young family grappling with mortgage and child care payments while facing the possibility, or reality, of job loss? But imagine trying to enter the labor force right now, making career choices that could affect your entire earning future. How are college graduates supposed to juggle student loan payments with the realities of an imploding job market and family members too caught up in their own financial turmoil to help out? With all the attention focused on failing banks and government bailouts, the very legitimate panic felt by such graduates risks getting lost in the shuffle.

"Most of the recent graduates I hear from are petrified," says Alan Collinge, founder of Student Loan Justice, an organization that fights for student loan reform, and author of an upcoming book about the student loan industry. "They have yet to find real jobs in their field, so they're out there slinging hash to make ends meet. And then their loan payments come due."

Graduates like Golden are right to feel petrified. According to a recent College Board report, about 60 percent of 2007 college graduates had student debt, each taking out an average of $22,700 in loans. Graduates are expected to begin repaying within six months, healthy job market or no. Loans can be deferred, but never erased (unless you die or are permanently disabled). And when those payments do come due, many will face the prospect of paying back not only fixed-rate federal loans but also high-interest private loans. The private loan industry is now responsible for 24 percent of student lending. Before the economic crisis hit, it was the fastest-growing sector of the student loan industry. And though the $700 billion bailout bill includes provisions to enable the U.S. Treasury to buy troubled assets, including private loans, from student loan providers, it provides no relief for the students who have taken out such high-interest loans.

What an Amazing Moment!

2008-11-05T14:08:06Z

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We are inheritors of this momentous victory, but it was not ours. The laurels properly belong to the Rev. Martin Luther King Jr. and all of the other martyrs who died for civil rights. And to millions more before them who struggled across centuries and fell short of winning their freedom. And to those rare politicians like Lyndon B. Johnson, who stood up bravely in a decisive time, knowing how much it would cost his political party for years to come. We owe all of them for this moment.

Whatever happens next, Barack Obama has already changed this nation profoundly. Like King before him, the man is a great and brave teacher. Obama developed out of his life experiences a different understanding of the country, and he had the courage to run for president by offering this vision.

For many Americans, it seemed too much to believe, yet he turned out to be right about us. Against all odds, he persuaded a majority of Americans to believe in their own better natures and, by electing him, the people helped make it true. There is mysterious music in democracy when people decide to believe in themselves.

Study of Data Mining for Terrorists Is Urged

2008-10-10T15:12:56Z

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WASHINGTON — A federal panel of policy makers and scientific experts urged a government-wide evaluation Tuesday of programs that sift through databases looking for clues on terrorism, to determine whether the programs are effective and legal.

The federal government has made aggressive use of so-called data-mining tools since the attacks of Sept. 11, 2001, as counterterrorism officials in many intelligence agencies have sought to analyze records on travel habits, calling patterns, e-mail use, financial transactions and other data to pinpoint possible terrorist activity.

The National Security Agency’s program for wiretapping terror suspects without warrants, the screening of suspicious airline passengers and the Pentagon’s ill-fated Total Information Awareness program, shut down by Congress in 2003 because of privacy concerns, have all relied on aspects of data mining.

But in a 352-page government study released on Tuesday, a committee of the National Research Council warned that successfully using these tools to deter terrorism “will be extremely difficult to achieve” because of legal, technological and logistical problems. It said a haphazard approach to using such tools threatened both Americans’ privacy rights and the country’s legitimate national security needs.

Thousands of Troops Are Deployed on U.S. Streets Ready to Carry Out "Crowd Control"

2008-10-09T15:57:26Z

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Background: the First Brigade of the Third Infantry Division, three to four thousand soldiers, has been deployed in the United States as of October 1. Their stated mission is the form of crowd control they practiced in Iraq, subduing "unruly individuals," and the management of a national emergency. I am in Seattle and heard from the brother of one of the soldiers that they are engaged in exercises now. Amy Goodman reported that an Army spokesperson confirmed that they will have access to lethal and non lethal crowd control technologies and tanks.

George Bush struck down Posse Comitatus, thus making it legal for military to patrol the U.S. He has also legally established that in the "War on Terror," the U.S. is at war around the globe and thus the whole world is a battlefield. Thus the U.S. is also a battlefield.

He also led change to the 1807 Insurrection Act to give him far broader powers in the event of a loosely defined "insurrection" or many other "conditions" he has the power to identify. The Constitution allows the suspension of habeas corpus -- habeas corpus prevents us from being seized by the state and held without trial -- in the event of an "insurrection." With his own army force now, his power to call a group of protesters or angry voters "insurgents" staging an "insurrection" is strengthened.

States’ Actions to Block Voters Appear Illegal

2008-10-09T15:47:03Z

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Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registering in ways that appear to violate federal law, according to a review of state records and Social Security data by The New York Times.

The actions do not seem to be coordinated by one party or the other, nor do they appear to be the result of election officials intentionally breaking rules, but are apparently the result of mistakes in the handling of the registrations and voter files as the states tried to comply with a 2002 federal law, intended to overhaul the way elections are run.

Still, because Democrats have been more aggressive at registering new voters this year, according to state election officials, any heightened screening of new applications may affect their party’s supporters disproportionately. The screening or trimming of voter registration lists in the six states — Colorado, Indiana, Ohio, Michigan, Nevada and North Carolina — could also result in problems at the polls on Election Day: people who have been removed from the rolls are likely to show up only to be challenged by political party officials or election workers, resulting in confusion, long lines and heated tempers.

Free Our Libraries, Cry University Presidents

2008-10-03T04:44:40Z

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Presidents of major universities want more library materials distributed online, without prohibitive charges.

At the Universal Access Digital Library Summit, held on September 24 and 25 at the Boston Public Library, Mark Huddleston, president of the University of New Hampshire, Peter Nicholls, provost of the University of Connecticut, and Jack Wilson, president of the University of Massachusetts, called for new approaches to the digitization of library collections that will allow access for all. The presidents urged libraries to halt what they described as an assault on the public’s right to knowledge, done in the name of copyright.

The meeting, which was convened by the Boston Library Consortium, also included the presentations of “Free Our Libraries! Why We Need a New Approach to Putting Library Collections Online,” a white paper by Richard K. Johnson, senior advisor to the Association of Research Libraries. In the paper, Mr. Johnson argues that libraries need to come up with new financing strategies, coordinate their actions, and adopt “forward-looking” principles to guide book and journal digitization projects. —Josh Fischman

At high court, states' authority in question

2008-10-03T02:58:14Z

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The U.S. Supreme Court on Monday (Oct. 6) begins a new term that so far lacks the controversy of last term’s politically explosive cases on gun control, the death penalty and voter-identification laws, but that still is grabbing the attention of states.

Of top concern to states — and to the tobacco and pharmaceutical industries — are a pair of cases testing whether federal law trumps state consumer-protection policies that let residents sue cigarette and drug makers over the way their goods are described.

The cases, one from Maine and the other from Vermont, could force changes in the way cigarettes and prescription drugs are marketed and labeled and could open up new avenues of litigation for consumers who feel they’ve been harmed by products. The two cases “dwarf everything in terms of real effects,” said Michael S. Greve, who studies the Supreme Court at the American Enterprise Institute, a conservative think tank in Washington, D.C.

Entering its fourth year under Chief Justice John G. Roberts Jr., the high court already has agreed to hear arguments in more than a dozen cases important to states, including a land dispute between Hawaii and native Hawaiians, a challenge to racially based redistricting in North Carolina and an appeal that could affect how forensic evidence is presented in criminal trials in Massachusetts and in at least 40 other states.

The justices refused to add to their calendar a fresh look at one of their most high-profile decisions of last term, in which they invalidated laws in Louisiana and five other states that imposed the death penalty on those who rape, but do not kill, children. Despite a rare factual error discovered in the 5-4 decision, the justices on Wednesday (Oct. 1) rejected Louisiana’s plea to reopen the case. The initial ruling drew sharp criticism from both presidential candidates, Democrat Barack Obama and Republican John McCain.

Michigan prison diplomas aim to cut crime

2008-10-01T00:23:49Z

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DETROIT -- Kelly McMillen watched with teary-eyed pride as her son took the podium to deliver the commencement address at his recent graduation.

"When we leave here today, we take with us the dreams of tomorrow," Chris Martin, 22, told his fellow graduates, who stood tall in their blue caps and gowns. "This GED is our first step in turning things around."

The words were overwhelming for McMillen of Lake Orion, who had watched her son drop out of high school and land in the criminal justice system.

And though he will be in prison until at least 2013 for larceny, arson and criminal sexual conduct, McMillen couldn't be happier.

"I thought he was lost," she said. "Of all the places for him to find hope, it's in jail."

U.S. Supreme Court stays Georgia execution

2008-09-24T00:22:03Z

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JACKSON, Georgia (CNN) -- The U.S. Supreme Court granted a last-minute reprieve to a Georgia man fewer than two hours before he was to be executed for the 1989 slaying of an off-duty police officer.

Troy Anthony Davis learned that his execution had been stayed when he saw it on television, he told CNN via telephone in his first interview after the stay was announced.

He said he was "thankful to God" for the news that came during an emergency session the U.S. Supreme Court convened.

Davis said "everyone should pray" for the slain officer's family.

The 39-year-old also said that he is "very grateful for everything that everyone is doing" for him and that he would "accept" whatever decision the Supreme Court rendered in the coming days about his case.

What’s the Rush? - Will Georgia Execute an Innocent Man?

2008-09-21T17:35:54Z

Full article below - here is a link to original

Troy Davis, who was convicted of shooting a police officer to death in the parking lot of a Burger King in Savannah, Ga., is scheduled to be executed on Tuesday.

There is some question as to his guilt (even the pope has weighed in on this case), but the odds of Mr. Davis escaping the death penalty are very slim. Putting someone to death whose guilt is uncertain is always perverted, but there’s an extra dose of perversion in this case.

The United States Supreme Court is scheduled to make a decision on whether to hear a last-ditch appeal by Mr. Davis on Sept. 29. That’s six days after the state of Georgia plans to kill him.

Mr. Davis’s lawyers have tried desperately to have the execution postponed for those few days, but so far to no avail. Georgia is among the most cold-blooded of states when it comes to dispatching prisoners into eternity.

So the lawyers are now trying to get the Supreme Court to issue a stay, or decide before Tuesday on whether it will consider the appeal.

No one anywhere would benefit from killing Mr. Davis on Tuesday, as opposed to waiting a week to see how the Supreme Court rules. So why the rush? The murder happened in 1989, and Mr. Davis has been on death row for 17 years. Six or seven more days will hardly matter.

Most of the time, the court declines to hear such cases.

If that’s the decision this time, Georgia can get on with the dirty business of taking a human life. If the court agrees to hear the appeal, it would have an opportunity to get a little closer to the truth of what actually happened on the terrible night of Aug. 19, 1989, when Officer Mark Allen MacPhail was murdered. He was shot as he went to the aid of a homeless man who was being pistol-whipped in the parking lot.

Nine witnesses testified against Mr. Davis at his trial in 1991, but seven of the nine have since changed their stories. One of the recanting witnesses, Dorothy Ferrell, said she was on parole when she testified and was afraid that she’d be sent back to prison if she didn’t agree to finger Mr. Davis.

She said in an affidavit: “I told the detective that Troy Davis was the shooter, even though the truth was that I didn’t know who shot the officer.”

Another witness, Darrell Collins, a teenager at the time of the murder, said the police had “scared” him into falsely testifying by threatening to charge him as an accessory to the crime. He said they told him that he might never get out of prison.

“I didn’t want to go to jail because I didn’t do nothing wrong,” he said.

At least three witnesses who testified against Mr. Davis (and a number of others who were not part of the trial) have since said that a man named Sylvester “Redd” Coles admitted that he was the one who had killed the officer.

Mr. Coles, who was at the scene, and who, according to authorities, later ditched a gun of the same caliber as the murder weapon, is one of the two witnesses who have not recanted.

The other is a man who initially told investigators that he could not identify the killer. Nearly two years later, at the trial, he testified that the killer was Mr. Davis.

So we have here a mess that is difficult, perhaps impossible, to sort through in a way that will yield reliable answers. (The jury also convicted Mr. Davis of a nonfatal shooting earlier that same evening on testimony that was even more dubious.)

There was no physical evidence against Mr. Davis, and the murder weapon was never found. As for the witnesses, their testimony was obviously shaky in the extreme — not the sort of evidence you want to rely upon when putting someone to death.

In March, the State Supreme Court in Georgia, in a 4-to-3 decision, denied Mr. Davis’s request for a new trial. The chief justice, Leah Ward Sears, writing for the minority, said: “In this case, nearly every witness who identified Davis as the shooter at trial has now disclaimed his or her ability to do so reliably.”

Amnesty International conducted an extensive examination of the case, documenting the many recantations, inconsistencies, contradictions and unanswered questions. Its report on the case drew widespread attention, both in the U.S. and overseas.

William Sessions, a former director of the F.B.I., has said that a closer look at the case is warranted. And Pope Benedict XVI has urged authorities in Georgia to re-sentence Mr. Davis to life in prison.

Rushing to execute Mr. Davis on Tuesday makes no sense at all.

Jewel v. NSA | Electronic Frontier Foundation

2008-09-20T16:24:11Z

Click here for more information

In Jewel v. NSA, EFF is suing the National Security Agency (NSA) and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records.

Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

That same evidence is central to Hepting v. AT&T, a class-action lawsuit filed by EFF in 2006 to stop the telecom giant’s participation in the illegal surveillance program. Earlier this year, Congress passed a law attempting to derail that case by unconstitutionally granting immunity to AT&T and other companies that took part in the dragnet. Hepting v. AT&T is now stalled in federal court while EFF argues with the government over whether the immunity is constitutional and applies in that case — litigation that is likely to continue well into 2009.

In addition to suing the government agencies involved in the domestic dragnet, the lawsuit also targets the individuals responsible for creating, authorizing, and implementing the illegal program, including President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance.

Jimmy Carter Calls for Clemency for Troy Davis

2008-09-20T11:24:20Z

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Former U.S. President Jimmy Carter called today on the Georgia State Board of Pardons and Paroles to reverse its decision to deny clemency to Troy Anthony Davis, convicted for an alleged murder of a Savannah police officer in 1991. "This case illustrates the deep flaws in the application of the death penalty in this country," said former U.S. President Jimmy Carter. "Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice. The citizens of Georgia should demand the highest standards of proof when our legal system condemns on our behalf a man or woman to die."

American Drug War

2008-09-19T23:19:09Z

U.S. Court Is Now Guiding Fewer Nations

2008-09-19T16:10:13Z

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Judges around the world have long looked to the decisions of the United States Supreme Court for guidance, citing and often following them in hundreds of their own rulings since the Second World War.

But now American legal influence is waning. Even as a debate continues in the court over whether its decisions should ever cite foreign law, a diminishing number of foreign courts seem to pay attention to the writings of American justices.

“One of our great exports used to be constitutional law,” said Anne-Marie Slaughter, the dean of the Woodrow Wilson School of Public and International Affairs at Princeton. “We are losing one of the greatest bully pulpits we have ever had.”

From 1990 through 2002, for instance, the Canadian Supreme Court cited decisions of the United States Supreme Court about a dozen times a year, an analysis by The New York Times found. In the six years since, the annual citation rate has fallen by half, to about six.

Australian state supreme courts cited American decisions 208 times in 1995, according to a recent study by Russell Smyth, an Australian economist. By 2005, the number had fallen to 72.

The story is similar around the globe, legal experts say, particularly in cases involving human rights. These days, foreign courts in developed democracies often cite the rulings of the European Court of Human Rights in cases concerning equality, liberty and prohibitions against cruel treatment, said Harold Hongju Koh, the dean of the Yale Law School. In those areas, Dean Koh said, “they tend not to look to the rulings of the U.S. Supreme Court.”

The rise of new and sophisticated constitutional courts elsewhere is one reason for the Supreme Court’s fading influence, legal experts said. The new courts are, moreover, generally more liberal than the Rehnquist and Roberts courts and for that reason more inclined to cite one another.

Another reason is the diminished reputation of the United States in some parts of the world, which experts here and abroad said is in part a consequence of the Bush administration’s unpopularity around the world. Foreign courts are less apt to justify their decisions with citations to cases from a nation unpopular with their domestic audience.

States Restore Voting Rights for Ex-Convicts

2008-09-17T18:55:04Z

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Striding across a sweltering strip-mall parking lot with her clipboard in hand, Monica Bell, a community field organizer in Orlando, Fla., was looking for former convicts to add to the state’s voter rolls.

Antonious Benton, a gold-toothed 22-year-old with a silver skull-shaped belt buckle, a laconic smile and a criminal record, was the first person she approached. “I can’t vote because I got three felonies,” Mr. Benton told Ms. Bell. He had finished a six-month sentence for possession of $600 worth of crack cocaine, he said. But Ms. Bell had good news for him: The Florida Legislature and Gov. Charlie Crist, a Republican, changed the rules last year to restore the voting rights of about 112,000 former convicts.

“After you go to prison — you do your time and they still take all your rights away,” Mr. Benton said as he filled out a form to register. “You can’t get a job. You can’t vote. You can’t do nothing even 10 or 20 years later. You don’t feel like a citizen. You don’t even feel human.”

Felony disenfranchisement — often a holdover from exclusionary Jim Crow-era laws like poll taxes and ballot box literacy tests — affects about 5.3 million former and current felons in the United States, according to voting rights groups. But voter registration and advocacy groups say that recent overhauls of these Reconstruction-era laws have loosened enough in some states to make it worth the time to lobby statehouses for more liberal voting restoration processes, and to try to track down former felons in indigent neighborhoods.