Sunday, June 17, 2012

Ian MacIsaac: Why Obama will win and Romney cannot, in Confederate states and cowboy hats

  Despite media reports of a rocky week within the Obama campaign and the president’s repetitive and overlong address on the economy given in Ohio on Thursday, his prospects for re-election have not looked so good since his first hundred days.

  Of course, you would not know it, to hear the press’s opinion of the state of the race. The media—particularly the major cable news outlets—like nothing better than a tight race. “Neck and neck;” “all tied up;” “could go either way;” “close all the way to the end.”

  When was the last time they portrayed a presidential primary or election any differently? It was how they painted the Obama-Clinton primary in 2008 until Obama formally passed the delegate threshold in early June—despite the fact that he had maintained roughly the same 100-delegate lead over Clinton for over three months, since late February.

Friday, June 15, 2012

Gary Palmer: Interior Department shouldn’t ignore Carcieri in Patchak decision

  While attention is focused on the pending decision from the U.S. Supreme Court on Obamacare, the Court will issue another decision that could have major ramifications for the state of Alabama.

  Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (Patchak) could substantially impact tribes such as the Poarch Creek Indians. Patchak deals with whether or not local residents have standing to challenge the U.S. Department of Interior when they take land into trust for Indian tribes that were not recognized by the federal government prior to 1934.

  David Patchak filed suit in federal court in Michigan after the Interior Department agreed to put land purchased by the Match-E-Be-Nash-She-Wish Band of Indians into protective federal trust. At that time, the Indians claimed that they had no plans to use the land for a casino. Apparently, they changed their plans shortly after the land was placed into trust.

Wednesday, June 13, 2012

Steve Flowers: Inside The Statehouse: And for the next ten years...

  The U.S. Constitution requires each state to redistrict their congressional districts every 10 years. That is why the U.S. Census is taken every decade. Each of the nation’s 435 seats in Congress are required to have the same number of people.

  Concurrently our 1901 Alabama Constitution calls for the same mandate for our 105 legislative and 35 state senate districts. Each state mirrors the federal constitution’s reapportioning requirement for their state legislatures.

Tuesday, June 12, 2012

Crosby Burns, Jeff Krehely: The Freedom to work, the freedom to worship

  Today the Senate Committee on Health, Education, Labor, and Pensions will hold a hearing on the Employment Non-Discrimination Act of 2011. If passed into law it would finally prohibit employment discrimination on the basis of sexual orientation and gender identity. The last time the committee held a hearing on this critical piece of legislation was in November 2009.

  The Employment Non-Discrimination Act, or ENDA, is sorely needed. Gay and transgender workers face extraordinarily high rates of discrimination on the job, inflicting significant economic pain on many workers at a time when all families are struggling to stay afloat. Considering it remains perfectly legal in a majority of states to fire someone based simply on their sexual orientation or gender identity, ENDA would finally put in place uniform and comprehensive protections for the gay and transgender workforce.

Sunday, June 10, 2012

Michael Josephson: A Teacher's dilemma over grades

  When I was a law professor, I administered multiple choice tests that I corrected by hand. One day, Ron came to my office informing me I made a scoring error – in his favor.

  I was impressed with his honesty and told him so as I was changing my records. Ron was horrified.  “You’re going to lower my grade?” he sputtered.  “Of course” I said, “I’m entering the correct score.”

  Ron said: “I would have never come to you if . . . .” H stopped mid-sentence. He didn’t have to finish – it was obvious. He expected to be praised for his integrity but he thought I would also reward him by allowing him to keep the higher grade.  He left my office angry muttering that I punished him for his honesty.

Friday, June 8, 2012

Jessica Arons: Litigation seeks to turn back the clock on contraception

  June 7 marks the 47th anniversary of Griswold v. Connecticut, the Supreme Court ruling that determined the Constitution contains a fundamental right to privacy that includes the use of contraception. But almost half a century after that landmark decision, the courts are once again embroiled in litigation about contraception.

  In 1965 the question was whether the government could ban the sale of contraception to married couples. Today the question is whether the government can require religiously affiliated employers to cover contraception in employee health plans.

Wednesday, June 6, 2012

Scott Beaulier, Cameron Smith: Smoke, mirrors and the RSA

  Most Alabamians know that The Retirement Systems of Alabama (RSA) manages Alabama’s state pension funds. But recently the RSA commissioned a study by Dr. M. Keivan Deravi of Auburn University Montgomery to demonstrate the impact of RSA’s investments in Alabama, particularly the “alternative investments” ranging from golf courses to media outlets.

  According to Dr. Deravi, the RSA has invested an inflation-adjusted $5.6 billion in Alabama’s economy from 1990-2011, and RSA investments in Alabama produced $1.1 billion of additional tax revenue to the State of Alabama over the same time period. Dr. Deravi contrasts the tax revenues on Alabama investments with the $542 million the RSA would have likely earned on $5.6 billion in bond and equity investments.

Tuesday, June 5, 2012

Steve Flowers: Inside The Statehouse: When I ran for governor

  The American Legion and the American Legion Auxiliary sponsor one of finest programs for high school students in Alabama. Boys State and Girls State is an event every June. Rising seniors in high schools all over the state are invited to these week long leadership confabs, which are held at major universities for the top high school leaders throughout the state. It is a lesson in civics and first hand politics for these future leaders. The students are taught about government by practical experience. During their week at Girls and Boys State they build city, county and state governments and then they run them. They form political parties and run for every office. They draft and pass mock legislation. They culminate their week by visiting the Capitol and Statehouse and running state government.

Monday, June 4, 2012

Ken Paulson: Is ‘liking’ on Facebook a First Amendment right?

  I “like” the First Amendment.

  And Bruce Springsteen. And the Chicago White Sox.

  In fact, you’ll find my “likes” on Facebook pages devoted to news, sports and music. All along, I’ve believed I was sharing my positive opinion of the people and organizations behind these pages. But now comes a federal court saying that clicking on the “like” button is not free speech after all.

  The decision came in a wrongful-termination case last month in Hampton, Va., in which former employees of a sheriff contended that they were fired for supporting his political opponent, in one case by “liking” his page on Facebook. A threshold question in the case was whether clicking the “like” button constitutes free expression protected by the Constitution. The court concluded that it doesn’t.

Saturday, June 2, 2012

Ian M. MacIsaac: Is President Obama's leadership dynamic, or just unsure?

  For many Americans who were energized and inspired politically by Obama's 2008 presidential campaign, his record as president has been distinctly dispiriting and disillusioning.

  Some campaign promises were kept--like the American Recovery and Reinvestment Act, the Patient Protection and Affordable Care Act, and the Don't Ask, Don't Tell Repeal Act.

  Others--such as a cap-and-trade bill, and the immigration reform bill even John McCain wanted--fizzled in the face of what was perceived by the media as weak leadership from the White House in the face of predictable opposition from Republicans in Congress, particularly in the Senate.

  And even the promises that were kept, such as the health care bill, came through in such a watered-down form that they scarcely resembled the bills proposed by then-Senator Obama in 2008.