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Yglesias

Companies Use Political Clout to Immunize Themselves From Legal Accountability

In theory, we have a legal system in the United States that provides for equality before the law. In practice, to get your rights enforced through the legal system requires a good lawyer. And in practice, while large companies and rich individuals can afford good lawyers, normal people can’t. Consequently, the legal system works much better for rich people and firms controlled by rich people than it does for other people. Law school clinics, at which bright lawyers-in-training take on issues that would otherwise go unaddressed are an effort to counteract this.

And so:

On Friday, lawmakers here debated a measure to cut money for the University of Maryland’s law clinic if it does not provide details to the legislature about its clients, finances and cases.

The measure, which is likely to be sent to the governor this week, comes in response to a suit filed in March by students accusing one of the state’s largest employers, Perdue, of environmental violations — the first effort in the state to hold a poultry company accountable for the environmental impact of its chicken suppliers.

Law clinics at other universities — from New Jersey to Michigan to Louisiana — are facing similar challenges. And legal experts say the attacks jeopardize the work of the clinics, which not only train students with hands-on courtroom experience at more than 200 law schools but also have taken on more cases against companies and government agencies in recent years.

Over the past couple of years, I’ve increasingly heard advocates of “free market” policies try to convince me that their approach is in fact the solution to the problem of the domination of the government by the wealthy and powerful. Their pitch is that if instead of having public sector agencies that try to do things, we just had a “free market” environment, that corporate domination of the political system wouldn’t matter. I think stories like this one underscore the fallacy of that approach. The political system is necessarily everywhere you look determining, among other things, who does and doesn’t have access to the legal system to enforce their rights.

It’s either possible, over the long run, to have a democracy in which practice approximates the ideals of political and legal equality or else it isn’t. If the political power can be mustered to create legislation that serves the public interest, then it can. If it can’t, then simply trying to retreat outside the arena of the “political” will fail as the powerful extend their domination into new arenas.

Yglesias

Cold-Brewed Iced Coffee

The weather’s turned warm, which means it’s time for caffein addicts to switch from hot coffee to iced. You can, of course, buy iced coffee out on the town. But the best thing to do is to cold-brew it yourself at home as I detailed last April.

photo-7-1

The process is one of those things that’s very easy except for the fact that it requires a little planning ahead. With coffee, though, planning’s not a problem since if you’re normal you drink it every morning.

Politics

As Republicans Block Unemployment Insurance, Kyl Calls For Extending The Benefits

Today on Fox News Sunday, Sen. Jon Kyl (R-AZ) called for extending unemployment insurance — which is set to run out tomorrow for many Americans — to help the millions of Americans who are out of work:

CHRIS WALLACE: Senator Kyl, will Republicans support more economic stimulus such as more aid to states, extending unemployment benefits, more tax incentives for small business?

KYL: There are really two questions inherent in that, Chris. We will have to do things like extending unemployment benefits because unemployment is so high, 9.7 percent, 15 million Americans unemployed. But that’s not a job stimulator. So we will do those things to take care of the families that are suffering right now.

Watch it:

The reason that so many Americans will lose their benefits tomorrow is because of GOP obstruction. Late last month, Sen. Tom Coburn (R-OK) announced that he was blocking unanimous consent to move forward on a measure in the Senate to extend unemployment benefits — similar to what Sen. Jim Bunning (R-KY) did weeks prior. However, this time, other Senate Republicans, including Minority Leader Mitch McConnell (R-KY), are backing Coburn’s obstruction.

Additionally, last month, Kyl said that unemployment benefits dissuade people from job-hunting “because people are being paid even though they’re not working.” “[C]ontinuing to pay people unemployment compensation is a disincentive for them to seek new work,” Kyl said.

Senators are on recess until April 12, meaning people losing their benefits tomorrow will have to go without relief for at least a week. “I understand that Republicans are upset they didn’t get their way on health care,” Senate Majority Leader Harry Reid (D-NV) said, chiding the GOP’s obstruction. And on Friday Reid called on the GOP to stop blocking the benefits. “[T]heir obstruction endangers the economic certainty of millions of families,” he said.

Climate Progress

110 Countries Now Support Copenhagen Accord To Achieve Climate Safety

Our guest bloggers are Senior Fellow Andrew Light and Special Assistant Sean Pool for the Energy Policy Team at the Center for American Progress.

The agreement that emerged from December’s U.N. climate summit in Copenhagen continues to attract support from a growing number of nations despite naysayers who still insist that the meeting ended in failure. A recent Reuters article shows that there are now 110 countries on board, including the world’s major carbon emitters, representing more than 80 percent of the world’s greenhouse gas emissions:

Copenhagen Map

These countries’ collective commitments will not yet achieve the accord’s stated goal of holding temperature rise over pre-industrial levels at 2 degrees Celsius, but achieving these commitments could hold us to a 3-degree increase rather than the 4.8 degree rise we would see by 2100 under a business as usual scenario. These commitments also represent a vital first step toward achieving the 2-degree goal. These commitments bring us a bit less than 5 gigatons of carbon dioxide equivalent shy of the reductions needed to stabilize temperature increase at 2 degrees Celsius over pre-industrial levels assuming that countries succeed in meeting the high end of the goals they have set for themselves and also that commitments tied to other countries’ comparable efforts go forward.

So how do we achieve the remaining reductions needed to achieve climate safety? The first step in this process is to make the Copenhagen accord binding in order to lock in the reduction commitments, and the second is to increase the ambition of those parties that have signed onto the accord:

Make The Copenhagen Accord Binding. U.N. Secretary General Ban Ki-moon previously pledged to shift the Copenhagen Accord from a political agreement to a legally binding agreement by the next U.N. climate summit in Cancun, Mexico this December. U.S. Climate Envoy Todd Stern has agreed that we should be moving toward a legal agreement this year. Most participants in the process believe that the 2010 meeting in Cancun should at least include a discussion of how to make the accord legally binding by the 2011 meeting in South Africa if it cannot be made legally binding before then.

Increase The Ambition. The easiest way to increase the ambitions of countries signing onto the accord is to fix one of the biggest holes in the agreement: the lack of any emission reduction targets for those parties signing on. This gap is in sharp contrast to the Kyoto Protocol, which did include such targets. Reduction targets for developed and developing countries, starting with the 17 to 20 largest emitters responsible for almost 80 percent of emissions globally, should be the first priority. This would bring us closer to the overall temperature goal of the accord than simply increasing the number of parties signing onto it since the countries that have not yet made commitments collectively represent a tiny fraction of global emissions.

Any emission reduction targets added to the Copenhagen Accord will have to conform to the 2 degree Celsius temperature target that is part of the accord. As such, additional emission targets would need to aim to close the 5-gigaton gap from the current Copenhagen pledges if this figure does, in fact, represent the reductions needed to achieve the 2 degree Celsius target for climate safety. If it turns out that we need to achieve greater additional reductions than 5 gigatons, then we should do so.

The United States can make the needed reductions, but it would be a big help if Congress were to pass legislation like the American Clean Energy and Security Act, which would achieve overall emissions reductions greater than the current U.S. pledge of 17 percent cuts below 2005 levels by 2020. The direct set aside in ACES for international forestry programs—which is separate from the allowable forestry offsets in the bill—could alone achieve 750 megatons of reductions annually by 2020. But if emissions reduction programs like this are eliminated in a Senate bill, then these additional reductions would be difficult to achieve, even if the bill is ultimately successful. Those interested in a global agreement on achieving climate safety will therefore have to work hard to make sure that Senate legislation is structured so that it generates revenue to pay for such programs.

One good outcome of Copenhagen is that the accord is still a work in progress. Our calculations of what can be achieved by current pledges under the accord are not final. They can still be improved. It doesn’t make sense to worry that the commitments made so far put us on a disastrous pathway to a world 3, 4, or more degrees warmer. That would only be a legitimate worry if the Copenhagen Accord had been finalized last December as a legally binding document at the current level of commitments. Instead, we still have time to use the accord to get us to a safer world.

Yglesias

The End of the American Sardine

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These days, many of us, perhaps operating under the influence of Alton Brown, have been eating more sardines—a healthy, cheap, and ecologically sustainable fish.

And yet it seems that the last sardine cannery left in America is shutting its doors:

Once a thriving national industry — and the backdrop of John Steinbeck’s gritty “Cannery Row” — sardine canneries have been dwindling for the last half-century. They have fallen victim to global competition, corporate consolidations and a general lack of appetite, at least in the United States, for sardines, despite their nutritional value and attempts by chefs to give them an image makeover.

In my experience, the best sardines seem to come from Spain or other Mediterranean countries, and I believe there’s some connection between the fish and the island of Sardinia. That said, this is a small-scale example of how currency issues play into the recession. The Spanish sardines I’ve seen are generally some of the more expensive ones in the store. If Spain weren’t on the euro, it’s currency would have devalued as a response to the very severe recession they’re having, and the Spanish ones would be cheaper, almost certainly generating more sales and more jobs in Spanish canneries.

Politics

Palin’s talk show debut garners weak reviews, lower-than-expected ratings.

Palin2 Former Alaska Gov. Sarah Palin’s (R) lack of policy knowledge and gaffes on the 2008 campaign led many to conclude that she may be better cut out to host a talk show than stay in politics. But her first foray into the genre, “Real American Stories,” which debuted on Fox News Thursday night, was beset with controversy before it even aired. Rapper LL Cool J and country music star Toby Keith both expressed disapproval that Fox was using canned interviews they had recorded with different people for Palin’s show, leading the network to pull LL Cool J’s interview. Following the show’s airing, critics gave middling reviews, calling it “canned,” “innocuous, flat,” and a “letdown.” It appears viewers weren’t thrilled either, as Mediaite notes that the show’s ratings didn’t even beat those of the program it replaced:

Sarah Palin’s much-hyped LL Cool J-less Fox News special last night didn’t bring in the huge ratings some (ok, we) predicted. Greta Van Susteren’s On The Record which normally airs at 10pmET beat the program the previous three nights in the A25-54 demographic and two out of three nights in total viewers.

Moreover, the show “shed viewers from start to finish,” losing 18 percent of viewers over the course of the program.

Yglesias

Iranian Influence in Iraq

One reason we were told it would be unwise for US forces to begin leaving Iraq in 2006 is that if we did we would leave behind a country in which Iran had a lot of influence. Instead we got a “surge” that “succeeded” and now as Rob Nordland details in an excellent piece, all those problems have melted away:

The ink was hardly dry on the polling results when three of the four major political alliances rushed delegations off to Tehran. Yet none of them sent anyone to the United States Embassy here, let alone to Washington.

Nordland at one point paints this as a consequence of the fact that American troops are scheduled to leave Iraq. But that’s precisely the point. We were never going to be able to keep 100,000 soliders in Iraq forever. And by the same token, Iran can’t just leave the region and go be somewhere else. Some degree of Iranian influence is simply inevitable and always was.

Climate Progress

Contest: Rename The Scandal Formerly Known As Climategate

So, no conspiracy, no collusion, no manipulation of data, no corruption of the peer-review process, no scandal; just an understandable reluctance to hand over data to dishonest people with a history of misrepresenting it.

Squibs don’t get much damper than “Climategate”. The most worrying aspect of the drama was the way in which most of the media ditched any attempt at assessing the claims and became caught up in the frenzy, when a couple of hours spent reading the emails and talking to one of two of those involved would have made the conclusions of the House of Commons inquiry entirely predictable.

That’s CP’s favorite Australian ethicist Clive Hamilton in his ABC column, “Climategate: The lion that squeaked.”  Note that a “damp squib” is an explosive dud, “a firework that fails to go off, due to wetting,” like say, the Segway, questions about Obama’s place of birth, or anything Geraldo Rivera reports on.

I don’t think “damp squib” will catch on, though, nor did “Swifthack,” so offer your own suggestions for renaming the non-gate.  Gotta be catchier than TSFKAC to give the status quo media something to write about.  They lavished coverage on TSFKAC, but it has mostly been crickets chirping on the exoneration of Phil Jones by the House of Commons.  At the very least, CP needs something to call it.

Here’s Hamilton’s whole piece:

Read more

Climate Progress

Visiting China, Seeing Green

Our guest blogger is Julian Wong, Senior Policy Analyst with the Energy Opportunity team.

China tripMy colleagues and I from the Center for American Progress are off next week on a fact-finding mission to China. Much has been written over the past year about how other countries, particularly China, are investing heavily to increase their economic competitiveness by building domestic clean energy industries. We will therefore be traveling to China to meet with policymakers and companies that are driving its aggressive pursuit of clean energy technology development — and share our findings with you on the CAP energy policy page.

At least three studies were released this past month alone about China’s clean energy investment. A report from Pew Charitable Trusts, using data from Bloomberg New Energy Finance, declared China the early winner in the clean energy race by outspending the United States $34.6 billion to $18.6 billion in 2009. And while it’s true that decarbonizing our economies requires significant financial investments, it will not happen simply by throwing money to the wind. Deutsche Bank’s global survey of national clean energy policies highlights China, Brazil, and Germany for their exemplary scale and effect. And our own report “Out of the Running?” discusses how Germany, Spain, and China are adopting comprehensive policy approaches to clean energy by developing markets, building infrastructure, and financing research and deployment projects.

China recently identified alternative energy as a “key industry” that it would actively support in its next five-year economic development plan. This move is wholly consistent with China’s push for the new and more sustainable kind of development pathway that they call “scientific development.” As we discussed in “Out of the Running?,” China has created powerful top-down policies such as national clean energy and energy conservation targets, and more recently a goal to limit growth of carbon emissions. These top-down policies are supplemented by local incentives and investments to stimulate the innovation, manufacture, deployment, and export of low-carbon technologies.

These concerted efforts have yielded concrete results in renewable energy deployment, enhanced energy efficiency, and pushed the creation of new rail and grid infrastructure. China already boasts the world’s fastest high-speed train in operation, has developed the world’s leading technology for ultrahigh-voltage grid transmission wires, and is on track to become the largest producer and user of solar panels.

These developments will reduce the Chinese economy’s carbon intensity while significantly boosting job creation. China employed 1.12 million people in clean energy sectors by 2008, according to the Chinese Renewable Energy Industries Association. This number is small compared to a labor pool of 700 to 800 million, but it is forecasted to grow significantly over the next decade. A study by the Global Climate Network in conjunction with the Research Center for Sustainable Development at the Chinese Academy of Social Sciences projects that the combination of policies and investments in clean energy industries can create up to 6.79 million new jobs in the country by 2020.

The speed and extent to which China has raced ahead to invest in green technologies is worthy of envy. Yet the many recent media stories come up short in explaining just how the Chinese government is coordinating this massive push.

The CAP trip, which will include Sarah Wartell, Kate Gordon, Michael Ettlinger, Sarah Miller, and myself, is a fact-finding mission to three northeastern cities in China to see how national policy is intersecting with researchers, businesses, and leaders at the local level. We will start in Beijing, the nation’s capital and the heart of national energy policy decision making, and make day trips to Tianjin, a relatively new and rapidly growing national economic development zone, and Baoding, a city in neighboring Hebei province that has gained attention for its strategic emphasis on clean energy industries.

Read more about the trip at Center for American Progress, or follow on Twitter by subscribing to the hashtag #cappek.

Politics

Kyl: GOP Willing To Filibuster Obama’s Yet-To-Be-Named SCOTUS Nominee

The media have been in a flurry in recent weeks over whether Supreme Court Justice John Paul Stevens will retire this summer. Today on Fox News Sunday, Sen. Jon Kyl (R-AZ) already held open the possibility that the person President Obama nominates may face a filibuster:

WALLACE: [A]re you willing to pledge right now that the GOP will not filibuster whoever the president nominates?

KYL: It would — it will all depend on what kind of a person it is. [...]

I want a judge who will read the law and declare it in each case that comes before him or her as it should be — in other words, don’t have somebody coming in with preconceived attitudes — I’m going to be tough on the executive, or, I’m going to be for the little guy, or whatever their preconceived attitudes are. We’ve had too much of that. [...]

I think the president will nominate a qualified person. I hope, however, he does not nominate an overly ideological person. That will be the test. And if he doesn’t nominate someone who is overly ideological, I don’t think — you may see Republicans voting against the nominee, but I don’t think you’ll see them engage in a filibuster.

Wallace then brought up the fact that Kyl previously denounced the judicial filibuster, saying, “It’s never been the case until the last two years that a minority could dictate to the majority what they could do.” Kyl responded by blaming Democrats for the rise of the filibuster:

KYL: I would prefer to go back to the situation where it is not done by either party, but the Democrats won that fight. They filibustered Miguel Estrada. He never got on the court. Seven other circuit nominees. So what we need to do is, I think, apply the rule that the Gang of 14 game up with a couple years ago that you don’t filibuster except in extraordinary circumstances, and I’m willing to live by that general rule.

Watch it:

As Wallace noted, in 2005 — when Republicans were in the majority — Kyl had a very different opinion of the filibuster. On Meet the Press on April 25, 2005, Kyl advocated for the end of filibustering judicial nominees: “It has never been the rule that a candidate for judgeship that had majority support was denied the ability to be confirmed once before the Senate. It has never happened before. So we’re not changing the rules in the middle of the game. We’re restoring the 214-year tradition of the Senate because in the last two years Democrats have begun to use this filibuster.”

Kyl, however, has been itching to use the judicial filibuster since Obama took office. Just a few days after the nation elected Obama president, Kyl was already threatening to filibuster potential Supreme Court nominees. He was rude to Sonia Sotomayor during her Senate hearings and tried to put up all sorts of procedural hurdles to block her confirmation.

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