lunes, 29 de febrero de 2016

MercatorNet: Flint’s water crisis is a blatant example of environmental injustice

MercatorNet: Flint’s water crisis is a blatant example of environmental injustice







Flint’s water crisis is a blatant example of environmental injustice

Is dirty water good enough for poor and coloured Americans?
Robert D. Bullard | Jan 28 2016 | comment 2 
    




 Delivering bottled water to Flint residents. Michigan State Police/Flickr, CC BY-ND


Many observers see race and class as factors in Flint, Michigan’s drinking water crisis. Earlier this week Flint’s mayor, Karen Weaver, said, “It’s a minority community. It’s a poor community. And our voices were not heard.” We asked Robert D. Bullard, Dean of the School of Public Affairs at Texas Southern University and a pioneering scholar in the field of environmental justice, to discuss how race and class have shaped the ongoing public health disaster in Flint.

How do you think regulatory agencies would have handled Flint’s drinking water problems if they were dealing with a middle-class, majority-white community?

State regulators and the U.S. Environmental Protection Agency (EPA) regional office in Chicago would have acted differently if this water crisis had taken place in a white suburb of Detroit. What happened in Flint is a blatant example of environmental injustice. The more information comes out, the clearer it is that this community was not treated according to the usual protocols. It was almost as if regulators didn’t believe them and thought their health wasn’t important.

In studying the history of environmental justice, you see over and over that it generally takes longer for poor communities to be heard when they make complaints. Government officials received complaints in April 2014 expressing that something was wrong with the water in Flint. If regulators at the Michigan Department of Environmental Quality had had to drink that water, or serve it to their children, their response would have been different.

You’ve written about the role of race in government responses to disasters and public health crises. Do you see parallels between Flint’s situation and other cases?

There’s a reason for the title of my book, “The Wrong Complexion for Protection: How the Government Response to Disaster Endangers African American Communities.” We reviewed 80 years of disaster responses, from the 1927 Mississippi River flood to Hurricane Katrina in 2005 and the BP oil spill in 2010. What we found was that government is disproportionately slower to respond to disasters when communities of color are involved.

Unequal protection is a reality. The right to clean air, clean water and safe places for kids to play is something that affluent communities take for granted. But many low-income and minority communities don’t get parks, or street lights, or housing code enforcement, or safe drinking water. The cumulative environmental stresses in these neighborhoods create a toxic stew. And then government agencies don’t respond when people complain. The government’s nonresponse to Flint’s water crisis is on the scale of the federal nonresponse to Hurricane Katrina.

Why do you think regulators may discount complaints from low-income and minority communities? Do they think those residents don’t vote, or are uninformed about the issues they are complaining about?

We still have biases toward poor people in our society. When residents say that brown water is coming out of their taps, there’s an attitude that it’s not a big deal and they should tolerate it. That attitude turns poor and minority communities into environmental sacrifice zones, where polluting facilities are clustered, because the view is that they already have factories or incinerators there and residents are used to it, so why not add a few more?

If you try to put industrial facilities in affluent neighborhoods, residents mobilize with lawyers and scientists, and they tell elected officials that those installations are “not a fit” for their neighborhoods. On the other hand, Flint is in receivership, so you have people running the city who are caretakers and don’t know a lot about it or have a personal connection to it.

One of your early books, “Dumping in Dixie,” described environmental racism in southern states. Do you think the problem is equally urgent in other regions of the United States, such as the Midwest, or does it vary?

Environmental injustice is not unique to the South. For example, Dorceta Taylor and Paul Mohai at the University of Michigan have shown that African Americans and Latinos in Detroit are disproportionately impacted by polluting industries and hazards. What’s happening in Flint is just a continuation of that pattern.

Are there opportunities for progress in Flint’s water crisis?

We need to look at the interactions between communities and state regulatory agencies, and between state regulators and federal regulators. The EPA has 10 regional offices across the United States, and often those offices’ relationships with state agencies exclude threatened communities from discussions. The key question is how to provide equal protection to disenfranchised communities and make sure their voices are heard.

The EPA has proposed revisions to its regulations implementing Title VI of the Civil Rights Act of 1964 and other laws that prohibit discrimination in programs or activities that receive federal funding.

Last week at an EPA listening session in Houston, I urged the agency to strengthen its standards and police environmental discrimination more aggressively. We have one set of laws and regulations, and they should be enforced equally across the board.

Flint residents deserve the same level of protection as any other Americans.

The Conversation

Robert D. Bullard, Dean, School of Public Affairs, Texas Southern University

This article was originally published on The Conversation. Read the original article
- See more at: http://www.mercatornet.com/articles/view/flints-water-crisis-is-a-blatant-example-of-environmental-injustice1/17517#sthash.CpIlTYWW.dpuf
MercatorNet

There have been many tributes and commentaries referring to the “legacy” of the late US Supreme Court Justice Antonin Scalia, but for me, none made it as clear as today’s article by Brian Fitzpatrick exactly what that word means.
It doesn’t mean just a collection of brilliant (often dissenting) opinions, or a philosophy. No. Justice Scalia leaves behind a movement, and an organised movement at that, of people committed to carrying forward his conviction that unelected judges should leave lawmaking to the democratic process. Long may it flourish.
In other articles today Denyse O’Leary looks further into the Apple-FBI dispute over unlocking an assassin’s iPhone; Marcus Roberts links to an important roundtable discussion on Bloomberg Business about the economic significance of low fertility; and Xavier Symons nails down what Pope Francis did not say about contraception in a high-altitude press conference

Carolyn Moynihan
Deputy Editor,
MERCATORNET


Scalia’s impact on the Supreme Court
Brian Fitzpatrick | FEATURES | 29 February 2016
He was a powerful spokesman for the movement against judicial activism.
Read more...
The demographics of stagnation
Marcus Roberts | DEMOGRAPHY IS DESTINY | 29 February 2016
Bloomberg Business discusses a subject close to this blog's heart
Read more...
Apple vs. FBI: Free internet is at stake
Denyse O'Leary | CONNECTING | 26 February 2016
Few analysts agree with the FBI that it would end with just this one case. It can't.
Read more...
Has the Zika virus changed Catholic thinking on contraception?
Xavier Symons | ABOVE | 29 February 2016
In a word, no.
Read more...

MERCATORNET | New Media Foundation
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The demographics of stagnation

The demographics of stagnation



Welcome to Demography Is Destiny. We launched this to counter two media memes: that humans are a cancer which is destroying our planet and that world population is spiralling to unsustainable levels. The real story is that intelligent and inventive humans will rise to the challenge of climate change and that our real problem is the coming demographic winter. The editors of Demography is Destiny are Marcus and Shannon Roberts, who live in Auckland, New Zealand. Send them your comments and suggestions. 
- See more at: http://www.mercatornet.com/demography/view/the-demographics-of-stagnation/17676#sthash.ilhyO1lH.dpuf









MONDAY, 29 FEBRUARY 2016

The demographics of stagnation
comment 1 | print |       
Hello everyone, today I thought that I'd share with you a short video from Bloomberg Business to start your week (go through to this link here). As demographic stagnation and decline continues throughout the years ahead I expect it to become much more of a "news" item. Which will be a bit of a change from the population bomb hysteria of not too long ago...
- See more at: http://www.mercatornet.com/demography/view/the-demographics-of-stagnation/17676#sthash.ilhyO1lH.dpuf





MercatorNet

There have been many tributes and commentaries referring to the “legacy” of the late US Supreme Court Justice Antonin Scalia, but for me, none made it as clear as today’s article by Brian Fitzpatrick exactly what that word means.
It doesn’t mean just a collection of brilliant (often dissenting) opinions, or a philosophy. No. Justice Scalia leaves behind a movement, and an organised movement at that, of people committed to carrying forward his conviction that unelected judges should leave lawmaking to the democratic process. Long may it flourish.
In other articles today Denyse O’Leary looks further into the Apple-FBI dispute over unlocking an assassin’s iPhone; Marcus Roberts links to an important roundtable discussion on Bloomberg Business about the economic significance of low fertility; and Xavier Symons nails down what Pope Francis did not say about contraception in a high-altitude press conference


Carolyn Moynihan
Deputy Editor,
MERCATORNET



Scalia’s impact on the Supreme Court
Brian Fitzpatrick | FEATURES | 29 February 2016
He was a powerful spokesman for the movement against judicial activism.
Read more...
The demographics of stagnation
Marcus Roberts | DEMOGRAPHY IS DESTINY | 29 February 2016
Bloomberg Business discusses a subject close to this blog's heart
Read more...
Apple vs. FBI: Free internet is at stake
Denyse O'Leary | CONNECTING | 26 February 2016
Few analysts agree with the FBI that it would end with just this one case. It can't.
Read more...
Has the Zika virus changed Catholic thinking on contraception?
Xavier Symons | ABOVE | 29 February 2016
In a word, no.
Read more...


MERCATORNET | New Media Foundation
Suite 12A, Level 2, 5 George Street, North Strathfied NSW 2137, Australia

Designed by elleston

New Media Foundation | Suite 12A, Level 2, 5 George St | North Strathfield NSW 2137 | AUSTRALIA | +61 2 8005 8605

Apple vs. FBI: Free internet is at stake

Apple vs. FBI: Free internet is at stake



Connecting is MercatorNet's blog about social media and the virtual self. We'd love to hear from you. Send us your tips and suggestions. Post comments. We want to make it as lively as possible. The editor is Denyse O'Leary, a Canadian journalist.  - See more at: http://www.mercatornet.com/connecting/view/apple-vs.-fbi-free-internet-is-at-stake/17680#sthash.lMf44pUv.dpuf



FRIDAY, 26 FEBRUARY 2016

Apple vs. FBI: Free internet is at stake
comment | print |       


Earlier this week, we looked at the standoff developing between Apple and the FBI over whether Apple can be ordered to provide means of U.S. government surveillance of users of their globally marketed products. It’s a fast-developing story about a serious issue that will affect the internet in general.

That is why Microsoft now backs its competitor, Apple, after some initial waffling:

Microsoft President and Chief Legal Counsel Brad Smith testified before Congress today, saying the company would file paperwork next week in support of Apple in its current case, where the FBI and Department of Justice are trying to compel Apple to create software that will make an iPhone easier to unlock.
As does the rest of Big Tech: “Google, Facebook, Microsoft, Amazon now plan to support Apple in court in its fight with FBI” (Mashable)

Is this just corporate greed? No. For now, I can only offer some pointers for what’s likely to be a major, and possibly underreported or misrepresented story in years to come:

– The skinny: In the wake of the San Bernardino shootings in December,

On Tuesday, U.S. Magistrate Judge Sheri Pym ruled that Apple should supply highly specialized software the FBI can load onto the phone to cripple a security encryption feature that erases data after too many unsuccessful unlocking attempts.
At first, given that the data may help identify mass murderers known to one of the shooters, one is naturally tempted to side with the FBI, who insist that there is nothing to see here about future government intrusions into everyone’s privacy: The agency merely wishes to obtain data about the terrorist links of one of the San Bernardino shooters:

Comey denied that the issue is about setting a precedent for giving the agency widespread access to user data. Instead, he said, it's about "a thorough and professional investigation under law" into the December shooting deaths of 14 people.
The problem is that few analysts agree with the agency that it would end there. Indeed, it couldn’t possibly end there.

– Many issues billow in the smoke, such as the fact that the county owned the phone or that Apple has sometimes complied in the past, to say nothing of the blame circus around which government employee was responsible for dealing with the phone such that data became irrecoverable. Politicians are weighing in, for current advantage. A decade from now, none of that will matter. But this will:

–A former prosecutor, sympathetic to the government's case in principle, has pointed out that Apple's arguments are strong and that the issue has wide implications. The US government has rarely used the All Writs Act (1789) on which it is relying in this case. But “in those cases the technology and tools already existed, said Jennifer Granick, an attorney and director of civil liberties and the Stanford Center for Internet and Society.”

She adds that the FBI already knows that the deceased committed the offence, and “What happens so often is we do something that's justified for terrorism, but it's going to get used in regular, run-of-the-mill cases.” That might be better news for some than for others. On a global basis, what is a “case”? Child porn rings? People providing support networks for abused women in countries where women have few civil rights? Christians operating an underground church? Apple’s CEO Tim Cookinsists, <“This case is not about one phone. This case is about the future,” and he is surely correct.

– Apple is said to be working on a phone even Apple itself could not hack in principle:

If Apple succeeds in upgrading its security — and experts say it almost surely will — the company will create a significant technical challenge for law enforcement agencies, even if the Obama administration wins its fight over access to data stored on an iPhone used by one of the killers in last year’s San Bernardino, Calif., rampage. If the Federal Bureau of Investigation wanted to get into a phone in the future, it would need a new way to do so. That would most likely prompt a new cycle of court fights and, yet again, more technical fixes by Apple.
The way things are going, that may be the only one to own. But then, for the average citizen, will surveillance-free phones become what hard drugs used to be? Those are the types of issues the case raises. Stay tuned.

– Update: None of the above is intended to imply that Apple is the People’s Hero. Apple has profited handsomely from authoritarian rule in China. Consider:

The years-long strategy in China is paying off at a crucial time. While sales of Apple products have flatlined or declined in the U.S., Europe and Japan, business in the company's greater China region continues to soar — to a record $59 billion last year. The Asian giant surpassed the U.S. last year as the No. 1 buyer of iPhones and could one day be the largest market for Apple Pay, the mobile payment platform that was rolled out for Chinese consumers last week.
But there's no guarantee the good times will continue rolling for Apple. Beijing is increasingly tightening the screws on foreign technology companies, having introduced strict laws aimed at policing the Internet and digital hardware.
The environment will get even tougher, Apple says, if the FBI prevails in seeking a so-called backdoor to Farook's phone. That could set a precedent for China's authoritarian leaders to demand the same in a country where Apple has never publicly defied orders. More.
Then there is the business in the Middle East:

Apple operates in 17 nations in which homosexual activity is illegal. In four of those, it is punishable by death. Women have almost no rights in numerous countries in which Apple does business. A female could not even drive a shipment of iPhones to Apple’s sales location in Saudi Arabia, or work there without a male’s permission.
Essentially, North Americans do not need to buy Apple, and unless governments can make surveillance universal, Apple (and the whole industry) is compelled to take a position that, in the long run, is probably safer for citizens.

See also: The internet: Privacy fights back It’s worse than we thought. But is Privategrity the answer? (Note: For the internet user, this story raises many of the same issues around the role of government in a global society.)



Denyse O’Leary is a Canadian journalist, author, and blogger
- See more at: http://www.mercatornet.com/connecting/view/apple-vs.-fbi-free-internet-is-at-stake/17680#sthash.lMf44pUv.dpuf





MercatorNet

There have been many tributes and commentaries referring to the “legacy” of the late US Supreme Court Justice Antonin Scalia, but for me, none made it as clear as today’s article by Brian Fitzpatrick exactly what that word means.
It doesn’t mean just a collection of brilliant (often dissenting) opinions, or a philosophy. No. Justice Scalia leaves behind a movement, and an organised movement at that, of people committed to carrying forward his conviction that unelected judges should leave lawmaking to the democratic process. Long may it flourish.
In other articles today Denyse O’Leary looks further into the Apple-FBI dispute over unlocking an assassin’s iPhone; Marcus Roberts links to an important roundtable discussion on Bloomberg Business about the economic significance of low fertility; and Xavier Symons nails down what Pope Francis did not say about contraception in a high-altitude press conference


Carolyn Moynihan
Deputy Editor,
MERCATORNET



Scalia’s impact on the Supreme Court
Brian Fitzpatrick | FEATURES | 29 February 2016
He was a powerful spokesman for the movement against judicial activism.
Read more...
 
The demographics of stagnation
Marcus Roberts | DEMOGRAPHY IS DESTINY | 29 February 2016
Bloomberg Business discusses a subject close to this blog's heart
Read more...
 
Apple vs. FBI: Free internet is at stake
Denyse O'Leary | CONNECTING | 26 February 2016
Few analysts agree with the FBI that it would end with just this one case. It can't.
Read more...
 
Has the Zika virus changed Catholic thinking on contraception?
Xavier Symons | ABOVE | 29 February 2016
In a word, no.
Read more...


MERCATORNET | New Media Foundation
Suite 12A, Level 2, 5 George Street, North Strathfied NSW 2137, Australia

Designed by elleston

New Media Foundation | Suite 12A, Level 2, 5 George St | North Strathfield NSW 2137 | AUSTRALIA | +61 2 8005 8605 

MercatorNet: Scalia’s impact on the Supreme Court

MercatorNet: Scalia’s impact on the Supreme Court



Scalia’s impact on the Supreme Court

He was a powerful spokesman for the movement against judicial activism.
Brian Fitzpatrick | Feb 29 2016 | comment 
    






I was in Washington, D.C., over the weekend to attend memorial services for my old boss, Justice Antonin Scalia.

As one of his former clerks – 15 years ago now – I met his casket on the steps of the Supreme Court on a chilly Friday morning and witnessed thousands of people standing in line for three hours or more to get a brief glimpse of the casket inside. On Saturday, I saw thousands more pile into the Basilica of the National Shrine of the Immaculate Conception for his two-hour memorial mass.

All weekend long, I was reminded of the justice’s charm, his humor and his razor-sharp intellect. When with the justice, there was never a dull moment.

But more than anything, the weekend reminded me of something else: the justice was not just a judge; he was the leader of a successful movement – and that movement, in my view, will continue long after his death.

Keeping judges in check  

Justice Scalia sought to persuade us that unelected judges in a democracy should keep their lawmaking to a minimum. And he thought his philosophies of originalism and textualism were the best ways to determine when judges strayed too far.

Both originalism and textualism instruct judges to interpret the law as people at the time the law was written would have understood its words, not to “update” the words by trying to figure out what people today would want the law to say. Justice Scalia thought we already had a mechanism to update our laws: the democratic process. He thought judicial “updating” too often enabled unelected judges to substitute their own policy preferences for those of the American people.

Justice Scalia did not invent these philosophies, nor was he the first to recognize the uneasy place of unelected judges in a democracy. But he was by far the most powerful spokesman these ideas have ever enjoyed.

The key to Scalia’s success was that he was only one part judge. He was also one part legal philosopher and one part activist – an activist against judicial activism.

He wrote articles, authored books and delivered speeches all designed to reach as many people as possible. His writing style was accessible and provocative – for some, too provocative – because he wanted to attract attention to his ideas. He even wrote his opinions like speeches, which is why he liked to read them aloud as he crafted them.

It is true that Justice Scalia was not on the winning side in many of the court’s biggest cases, and he never converted many of his colleagues to his philosophies. But movements are about something bigger than winning a handful of cases today; movements are about the long run. And Justice Scalia may have forever changed how the judiciary, the academy and even the public think about the law.

Three spheres of influence    

Consider first the judiciary. Scholars have found that judges – even those who do not subscribe to Scalia’s philosophies – started doing their jobs differently after he joined the court in 1986. For example, over the last 30 years judges have more often cited in their opinions textualist and originalist materials such as dictionaries and the Federalist Papers and less often competing materials such as legislative history. As Professor Frank Cross found in a study of lower court judges: “the most striking result is the extremely high rate of citations to Justice Scalia’s opinions."

Consider next the academy. To be sure, originalists and textualists are still a small minority in the academy, but the appeal is growing. There are now two academic centers – one at Georgetown and one at the University of San Diego – devoted entirely to the study of originalism. And the growth has been nonpartisan. So-called “new originalist” scholars are now using Scalia’s philosophies toward liberal ends.

Consider finally the public. Scalia’s philosophies are so easy to explain and understand that, now, when conservative politicians are asked what kind of judges they will appoint to the bench, they almost always say only originalists and textualists “like Justice Scalia and Justice Thomas.” Liberal politicians tend to avoid invoking interpretive philosophy altogether, and, instead, focus on case outcomes. Thus, to the extent the public is exposed to any legal philosophy at all, it is usually originalism and textualism.

Some people have wondered whether Scalia’s influence will continue after his death. In my opinion, it will. Not only do his ideas have simplicity and elegance, but Scalia left behind a secret weapon: an entire organization dedicated to furthering his philosophies. This organization, the Federalist Society, was cofounded by Scalia himself while he was still a law professor at the University of Chicago, and its members now number in the tens of thousands – including me. Perhaps even more than his books, speeches, articles and opinions, his Federalist Society will ensure that his legacy continues in perpetuity.

No other justice of the Supreme Court has ever before left behind an entire organization dedicated to his or her ideas. But, then again, no other justice has ever been like Justice Scalia.

The ConversationBrian Fitzpatrick, Professor of Law, Vanderbilt University. This article was originally published on The Conversation. Read the original article.
- See more at: http://www.mercatornet.com/articles/view/scalias-impact-on-the-supreme-court/17684#sthash.YPX2SY2T.dpuf





MercatorNet

There have been many tributes and commentaries referring to the “legacy” of the late US Supreme Court Justice Antonin Scalia, but for me, none made it as clear as today’s article by Brian Fitzpatrick exactly what that word means.
It doesn’t mean just a collection of brilliant (often dissenting) opinions, or a philosophy. No. Justice Scalia leaves behind a movement, and an organised movement at that, of people committed to carrying forward his conviction that unelected judges should leave lawmaking to the democratic process. Long may it flourish.
In other articles today Denyse O’Leary looks further into the Apple-FBI dispute over unlocking an assassin’s iPhone; Marcus Roberts links to an important roundtable discussion on Bloomberg Business about the economic significance of low fertility; and Xavier Symons nails down what Pope Francis did not say about contraception in a high-altitude press conference


Carolyn Moynihan
Deputy Editor,
MERCATORNET



Scalia’s impact on the Supreme Court
Brian Fitzpatrick | FEATURES | 29 February 2016
He was a powerful spokesman for the movement against judicial activism.
Read more...
 
The demographics of stagnation
Marcus Roberts | DEMOGRAPHY IS DESTINY | 29 February 2016
Bloomberg Business discusses a subject close to this blog's heart
Read more...
 
Apple vs. FBI: Free internet is at stake
Denyse O'Leary | CONNECTING | 26 February 2016
Few analysts agree with the FBI that it would end with just this one case. It can't.
Read more...
 
Has the Zika virus changed Catholic thinking on contraception?
Xavier Symons | ABOVE | 29 February 2016
In a word, no.
Read more...


MERCATORNET | New Media Foundation
Suite 12A, Level 2, 5 George Street, North Strathfied NSW 2137, Australia

Designed by elleston

New Media Foundation | Suite 12A, Level 2, 5 George St | North Strathfield NSW 2137 | AUSTRALIA | +61 2 8005 8605