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United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

Comments regarding the institutional underpinnings of environmental and developmental issues, the "tragedy of the commons", and free market environmentalist approaches to such issues, focussing on clarifying and enforcing property rights and minimizing the hand of government (which results in politi

Glenn Greenwald of Salon joins the show to talk about the Obama administration's policy targeting American citizens for execution. Attorney General Holder's speech earlier this week in defense of the policy did little to calm concerns. In fact, alarm bells are ringing...

Wall Street Isn't Winning - It's Cheating The two-tiered justice system: an illustration 9/10/2001: Rumsfeld says $2.3 TRILLION Missing from Pentagon  The due-process-free assassination of U.S. citizens is now reality The Quiet Coup "the finance industry has effectively captured our government" What OWS is about + data behind the movement Data privacy is now extinct in the U.S. "The problem that confronts us is that every living system in the biosphere is in decline and the rate of decline is accelerating. There isn't one peer-reviewed scientific article that's been published in the last 20 years that contradicts that statement. Living systems are coral reefs. They're our climatic stability, forest cover, the oceans themselves, aquifers, water, the conditions of the soil, biodiversity. They go on and on as they get more specific. But the fact is, there isn't one living system that is stable or is improving. And those living systems provide the basis for all life." The 1% are the very best destroyers of wealth the world has ever seen The prison industry in the United States: big business or a new form of slavery? How the GOP Became the Party of the Rich: The inside story of how the Republicans abandoned the poor and the middle class to pursue their relentless agenda of tax cuts for the wealthiest one percent

Economics: I'm going to discuss trillions of dollars in a moment. As an economics teacher, I understand numbers this large are extremely difficult to imagine. If you are among the majority with this difficulty, I recommend that you follow the expert testimony that paints the picture, and know that success in this area of public education transformation that unleashes trillions of our dollars for human creative capacity in unimaginable power is sufficient to end the current economic crisis. This is the longest section of my briefing. If you tire in reading, please consider that at trillions of dollars of annual public benefits, you literally have nothing more valuable to do than understand the following facts and ideas. Harvard's Linda Bilmes co-authored a paper with Nobel Prize winner Joseph Stiglitz estimating the long-term costs of current US wars at now $3 to $5 trillion ($30-$50,000 per US household of $50,000/year income), with total debt increase since 2001 of over $10 trillion. Remember, as demonstrated by the evidence disclosed by our own government, all the reasons Americans were told to go to war were known to be lies as they were told and applicable law proves these wars Orwellian unlawful. Just down the Charles River from Harvard, MIT's Simon Johnson (and former Chief Economist of the International Monetary Fund) describes our economy being lead by gambling oligarchs who have captured government as in banana republics (his words), and might plunge the US into an economy worse than the Great Depression. From his article under the telling title, The Quiet Coup: "Elite business interests-financiers, in the case of the U.S.-played a central role in creating the crisis, making ever-larger gambles, with the implicit backing of the government, until the inevitable collapse. More alarming, they are now using their influence to prevent precisely the sorts of reforms that are needed, and fast, to pull the economy out of its nosedive. The govern

It's one thing that the United States will soon be taking orders from China (or already is). But what about when we're becoming less forward-thinking than England? That's the only possible reading of the fact that there, the former top drug official Bob Ainsworth has addressed the House of Commons and argued for the legalization of all drugs. Not just pot-all of them. His reasoning is simple, and has nothing to do with the ideology of Timothy Leary: "We need to take effective measures to rob the dealers of their markets and the only way that we can do that is by supplying addicts through the medical profession, through prescription. We cannot afford to be shy about being prepared to do that." He continues: "We spend billions of pounds without preventing the wide availability of drugs. It is time to replace our failed war on drugs with a strict system of legal regulation, to make the world a safer, healthier place, especially for our children. We must take the trade away from organised criminals and hand it to the control of doctors and pharmacists."

Which is not to say that the Obama era has meant an end to law enforcement. On the contrary: In the past few years, the administration has allocated massive amounts of federal resources to catching wrongdoers - of a certain type. Last year, the government deported 393,000 people, at a cost of $5 billion. Since 2007, felony immigration prosecutions along the Mexican border have surged 77 percent; nonfelony prosecutions by 259 percent. In Ohio last month, a single mother was caught lying about where she lived to put her kids into a better school district; the judge in the case tried to sentence her to 10 days in jail for fraud, declaring that letting her go free would "demean the seriousness" of the offenses. So there you have it. Illegal immigrants: 393,000. Lying moms: one. Bankers: zero. The math makes sense only because the politics are so obvious. You want to win elections, you bang on the jailable class. You build prisons and fill them with people for selling dime bags and stealing CD players. But for stealing a billion dollars? For fraud that puts a million people into foreclosure? Pass. It's not a crime. Prison is too harsh. Get them to say they're sorry, and move on. Oh, wait - let's not even make them say they're sorry. That's too mean; let's just give them a piece of paper with a government stamp on it, officially clearing them of the need to apologize, and make them pay a fine instead. But don't make them pay it out of their own pockets, and don't ask them to give back the money they stole. In fact, let them profit from their collective crimes, to the tune of a record $135 billion in pay and benefits last year. What's next? Taxpayer-funded massages for every Wall Street executive guilty of fraud?

This document presents details on the wealth and income distributions in the United States, and explains how we use these two distributions as power indicators. Some of the information may come as a surprise to many people. In fact, I know it will be a surprise and then some, because of a recent study (Norton & Ariely, 2010) showing that most Americans (high income or low income, female or male, young or old, Republican or Democrat) have no idea just how concentrated the wealth distribution actually is. More on that a bit later.

In the context of technology the only way out is through. Global society is dependent on artificially inflated energy resources-i.e. oil-that are directly leading us toward total collapse. Technology is being used to most efficiently maximize wealth of the largest corporate conglomerates at the expense of the social fabric and a living environment. The biosphere is in fact collapsing. The technology exists to solve our technical problems but the solutions do not seem like they will be effectively put to use. The power structures concentrating money off the status quo are too entrenched. Each human is called on to become more aware.

"Those who make peaceful evolution impossible make violent revolution inevitable."- John F. KennedyThere's one thing for sure: 2008 isn't anything like politics as usual.The corporate media (with their unerring eye for the obvious point) is fixated on the narrative that, for the first time ever, Americans will likely end this year with either a woman or a black man headed for the White House. Bloggers are telling stories from the front lines of primaries and caucuses that look like something from the early 60s - people lining up before dawn to vote in Manoa, Hawaii yesterday; a thousand black college students in Prairie View, Texas marching 10 miles to cast their early votes in the face of a county that tried to disenfranchise them. In recent months, we've also been gobstopped by the sheer passion of the insurgent campaigns of both Barack Obama and Ron Paul, both of whom brought millions of new voters into the conversation - and with them, a sharp critique of the status quo and a new energy that's agitating toward deep structural change.There's something implacable, earnest, and righteously angry in the air. And it raises all kinds of questions for burned-out Boomers and jaded Gen Xers who've been ground down to the stump by the mostly losing battles of the past 30 years. Can it be - at long last - that Americans have, simply, had enough? Are we, finally, stepping out to take back our government - and with it, control of our own future? Is this simply a shifting political season - the kind we get every 20 to 30 years - or is there something deeper going on here? Do we dare to raise our hopes that this time, we're going to finally win a few? Just how ready is this country for big, serious, forward-looking change?Recently, I came across a pocket of sociological research that suggested a tantalizing answer to these questions - and also that America may be far more ready for far more change than anyone really believes is possible at this moment. In fac

Democrat or Republican, Libertarian or Socialist, politically active and not we are reaping the bitter reward of a political and legal system designed to maximize corporate profits at the expense of our environment, our livelihood, and our very lives. Our society is unraveling. We all know this. This is not idle conspiracy theory. These are well established facts. We are ruled by a headless beast that is no longer accountable to us. That it is headless makes it no less beastly. But there is a silver bullet. It's within our power to restore a functioning free market; to take back our democracy. We must end limited liability for corporations. Only when wealthy investors are no longer shielded from the costs that we collectively bear in their stead, only when they can no longer hide from the burden they have placed on us, only then can we expect the end of corporate plunder.   We are running out of time. Millions of Germans lost faith in the free market and capitalism during the Great Depression, and "with the failure of the left to provide a viable alternative, they became vulnerable to the rhetoric of a party that, once it came to power, combined Keynesian pump-priming measures that brought unemployment down to 3 percent with a devastating counterrevolutionary social and cultural program."

Elizabeth Warren discusses how the dreams of the middle class american family are being depleted by the dramatic increase in bankruptcies and foreclosures. Warren discusses the role that credit card companies and ballooning interests rates have played in rapidly increasing mortgage rates as well as the how the over consumption myth is clouding our understanding of the average middle class family, who is in fact experiencing a lower standard of living than their parents and still finding themselves one payment away from losing their home. Elizabeth Warren is the Leo Gottlieb Professor of Law at Harvard Law School and chaired the Congressional Oversight Panel created to investigate the U.S. banking bailout . This program originally aired in April 2004. it is being re-aired because Professor Warren's predictions of economic disasters and the reasons for them have proven correct, and she is a candidate to head a commission to guard against recurrence. The Massachusetts School of Law also presents information on important current affairs to the general public in television and radio broadcasts, an intellectual journal, conferences, author appearances, blogs and books. For more information visit http://www.mslaw.edu

The NAACP has just passed a historic resolution demanding an end to the War on Drugs.  The resolution comes as young Black male unemployment hovers near 50 percent and the wealth gap's become a veritable gulf. So why is the forty-year-old "War on Drugs" public enemy number one for the nation's oldest civil rights organization? Well here's why:  it's not extraneous - it's central: the war on drugs is the engine of 21st century discrimination - an engine that has brought Jim Crow into the age of Barack Obama.     Author Michelle Alexander lays out the statistics -- and the stories --  of 21st Century Jim Crow in her ought-to-blow-your-socks off book: "The New Jim Crow: Mass Incarceration in an Age of Colorblindness." I had a chance to sit down with Alexander earlier this summer. We'll be posting the full interview in two parts.     "We have managed decades after the civil rights movement to create something like a caste system in the United States," says Alexander in part one here  "In major urban areas, the majority of African American men are either behind bars, under correctional control or saddled with criminal record and once branded as criminal or a felon, they're trapped for life in 2nd class status."     It's not just about people having a hard time getting ahead and climbing the ladder of success. It's about a rigged system. Sound familiar?  Like the Pew Research Center report on household wealth and the Great Recession -- the NAACP resolution story was a one-day news-blip - despite the fact that it pierces the by-your-bootstraps myth that is at the heart of - you pick it - the deficit, the stimulus, the tax code - every contemporary US economic debate.     White America just maybe ought to pay attention. With more and more Americans falling out of jobs and into debt, criminal records are a whole lot easier to come by than life-sustaining employment.  Contrary to the conventional media version, the "Drug War" story is not a people with problems

Would more accurate news coverage prompt Tea Party and Republican leaders to pay more attention to facts in their assertions about the economy? Maybe yes, maybe no. But, suggests Henry Banta, if the coverage continues at its present dismal level, we'll never find out.

When we study Marx in my graduate social theory course, it never fails that at least one student will say (approximately), "Class struggle didn't escalate in the way Marx expected. In modern capitalist societies class struggle has disappeared. So isn't it clear that Marx was wrong and his ideas are of little value today?" I respond by challenging the premise that class struggle has disappeared. On the contrary, I say that class struggle is going on all the time in every major institution of society. One just has to learn how to recognize it. One needn't embrace the labor theory of value to understand that employers try to increase profits by keeping wages down and getting as much work as possible out of their employees. As the saying goes, every successful capitalist knows what a Marxist knows; they just apply the knowledge differently. Workers' desire for better pay and benefits, safe working conditions, and control over their own time puts them at odds with employers. Class struggle in this sense hasn't gone away. In fact, it's inherent in the relationship between capitalist employer and employee. What varies is how aggressively and overtly each side fights for its interests.

"In just a few short months, we've witnessed people power in action. From the Middle East to the Midwest, movements have risen up to overturn tired dogma and challenge entrenched power. Many of us were inspired by these events. And many of us were surprised. Perhaps we were growing skeptical that people power could still work. Maybe we had forgotten a vital fact about our world: that bold citizens, united around a common mission, can still come together to create major change against enormous odds." - 350.org (April 7, 2011) "Even when people are willing to take action in concert to redistribute the pie, whether by Gandhian mobilization or use of force, this may resonate falsely, for the pie is disintegrating. Its recipe and ingredients are obsolete. And freedom attained in harsh austerity, characterized by intense competition for food, will be doubtful or of little comfort." - Jan Lundberg ("Social Justice Activists Must Take Into Account Ecological, Cultural, and Economic Transformation")

US universities and colleges could end unlawful US wars and stop banksters' rigged-casino fraud if they taught the central facts of these issues. This four-part series of articles is an open proposal for their action. Feel free to share it.