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jerryking : u.s._supreme_court   36

Byron Allen Spares No One in Accusing Comcast of Racial Bias
Nov. 23, 2019 | The New York Times | By John Eligon.

The black entrepreneur has gone after civil rights groups and other black leaders to make his case. Some fear that protections dating to 1866 are in jeopardy.

Entrepreneur, Byron Allen, offers his life story as a model of African-American economic success.....Byron filed a $20 billion lawsuit against Comcast in 2015, contending that Comcast, after discussing a deal to carry six of his company’s channels, had turned it down in violation of the Civil Rights Act of 1866. The nation’s oldest federal civil rights law, it gives “all persons” the same right “enjoyed by white citizens” to “make and enforce contracts” and “to sue.”.......the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled last year that a lower district court had “improperly dismissed” it. Comcast appealed. The U.S. Supreme Court agreed to hear the case......At stake before the court in oral arguments on Nov. 13 was not the specifics of his dispute with Comcast, but the standard for proving racial discrimination. The justices seemed to focus on the narrow question of whether a plaintiff like Mr. Allen must make the case that racial discrimination was the main factor or just a contributing factor in the early stages of litigation.........Comcast has vigorously defended its record on diversity and refuted Mr. Allen’s claims of discrimination, arguing that the six networks he wants it to distribute are not interesting enough for its lineup or aren’t distinct from current offerings. His demand that Comcast carry all of them in high definition and the price he is asking are unreasonable, the company said.........A key element of Mr. Allen’s argument centers on an agreement Comcast struck with black leaders and organizations in 2010 in order to get clearance to purchase NBCUniversal. As part of the deal, the conglomerate agreed to add four new African-American owned networks over eight years. Two of those networks were owned by Sean Combs, the mogul better known as Diddy, and Magic Johnson, the former basketball star and entrepreneur.
Mr. Allen has argued that the organizations that helped broker the deal — the National Urban League, Mr. Sharpton’s National Action Network and the N.A.A.C.P. — were essentially bought off by Comcast, which has donated money to them. The agreement provided only token investment in black-owned networks, Mr. Allen said, and has been used to justify blocking black entrepreneurs from getting a seat at the table......putting black faces out there.....isn't the same things as true economic inclusion......Comcast said it spent $13.2 billion on programming last year, but a spokeswoman declined to say what share of that went to black-owned networks........Sean Combs, surprisingly, has publicly backed Mr. Allen’s point of view and leveled his own criticism against the company for not providing proper support for his television network, Revolt.
“Our relationship with Comcast is the illusion of economic inclusion,” Mr. Combs said.....many black leaders have avoided expressing a firm opinion on whether or not Byron Allen was discriminated against by Comcast........The 2010 agreement between Comcast and the civil rights groups failed to position the black-owned networks for success, said Paula Madison, the former chief diversity officer at NBCUniversal who helped broker the deal. An issue raised during negotiations, Ms. Madison said, was whether the company would guarantee the networks a certain number of subscribers. In the end, Comcast agreed to launch the channels, with no guarantee of how many subscribers they would reach......Ms. Madison said she felt that Comcast had a duty to try to help the new black-owned networks succeed, because they were integral to the company’s gaining federal approval to acquire NBCUniversal. But at a time when streaming becomes dominant and cable operators are looking to shed channels, Ms. Madison said she believed Comcast executives would not blink if the black-owned networks went away.
“It’s laissez-faire,” Ms. Madison said of Comcast’s treatment of the channels. “It’s, ‘They want channels, we’ll give them channels.’”
African-Americans  Byron_Allen  CATV  Comcast  economic_inclusion  entertainment_industry  entrepreneur  lawsuits  moguls  NAACP  racial_bias  racial_discrimination  U.S._Supreme_Court  Weather_Channel 
november 2019 by jerryking
‘I Wish You Bad Luck,’ He Said With Good Intentions
Dec. 28, 2017 | WSJ | By Bob Greene.

In Spring 2017, Chief Justice John Roberts delivered a commencement address to his son's grade 9 graduation ceremony that offered a universal lesson about the value to be found in generosity of spirit. Roberts prepared the advice offered in his speech specifically for the commencement address, as he set out to reflect upon “some of the harsh realities that everyone will face in the course of a full life,” and how to anticipate them and learn from them....His speech was structured in pairs.....He told his audience that commencement speakers will typically “wish you good luck and extend good wishes to you. I will not do that, and I’ll tell you why.

“From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice.

“I hope that you will suffer betrayal, because that will teach you the importance of loyalty.

“Sorry to say, but I hope you will be lonely from time to time so that you don’t take friends for granted.

“I wish you bad luck, again, from time to time so that you will be conscious of the role of chance in life, and understand that your success is not completely deserved and that the failure of others is not completely deserved either.

“And when you lose, as you will from time to time, I hope every now and then your opponent will gloat over your failure. It is a way for you to understand the importance of sportsmanship.

“I hope you’ll be ignored so that you know the importance of listening to others, and I hope you will have just enough pain to learn compassion.

“Whether I wish these things or not, they’re going to happen. And whether you benefit from them or not will depend upon your ability to see the message in your misfortunes.”

+++++++++++++++++++++++++++++++++++++++++++
Also,......“Once a week, you should write a note to someone. Not an email. A note on a piece of paper. It will take you exactly 10 minutes.” Then, Roberts urged, put the note in an envelope and send it off the old way: via the mail.

The handwritten note, he said, might express appreciation for someone who has helped you out or treated you with kindness, and who may not know how grateful you are.........here’s a toast to bad luck, and to its hidden gifts. First, though, the corner mailbox awaits. Gratitude is priceless, but conveying it costs no more than a postage stamp.
advice  betrayals  chance  commencement  failure  friendships  gratitude  handwritten  John_Roberts  judges  justice  life_skills  loyalty  luck  pairs  speeches  sportsmanship  U.S._Supreme_Court  values  compassion  listening  inspiration  teachable_moments  counterintuitive  tough_love  good_intentions 
may 2019 by jerryking
Opinion | Playing the Long Game for the Supreme Court - The New York Times
By Linda Greenhouse
Contributing Opinion Writer

Oct. 25, 2018

Consider two news items from last week that serve to illuminate the current reality. One was the revelation that the Heritage Foundation, a deeply conservative policy shop in Washington that has partnered with the Federalist Society in providing President Trump with judicial nominees, was running a secretive training academy for ideologically vetted judicial law clerks. The foundation suspended the program after the report.

The other was the confirmation hearing the Republicans of the Senate Judiciary Committee held (the Democratic senators boycotted it) for Allison Jones Rushing, the president’s nominee for a vacancy on the United States Court of Appeals for the Fourth Circuit. Ms. Rushing’s conservative credentials are impeccable, including ties to the Alliance Defending Freedom, a religious-right litigating organization. Ms. Rushing clerked for Justice Clarence Thomas and for Neil Gorsuch when he was a federal appeals court judge; those clerkships evidently accounted for the “incredible wealth of judicial experience” praised by one of her Judiciary Committee supporters, Senator Thom Tillis, Republican of North Carolina. She graduated from law school 11 years ago. She is 36 years old.

How do those two developments relate to each other and to the legacy of the Bork battle? Following Judge Bork’s defeat, conservatives didn’t waste time licking their wounds. They got busy building the infrastructure necessary to accomplish their thwarted goals. The Federalist Society had been founded five years earlier by a handful of law students; Robert Bork and Antonin Scalia, then a law professor, both spoke at its first symposium.

The organization offered the perfect vehicle for cultivating a new generation of young conservative lawyers to enter the pipeline, serving as law clerks by the side of growing numbers of conservative judges and — like Justice Gorsuch and Justice Brett Kavanaugh, both former Supreme Court law clerks — becoming judges themselves.
conservatism  GOP  law  political_infrastructure  Robert_Bork  U.S._Supreme_Court  talent_pipelines  long-term 
october 2018 by jerryking
Sandra Day O’Connor, first female justice on U.S. Supreme Court, reveals she has dementia - The Globe and Mail
OCTOBER 23, 2018 | THE NEW YORK TIMES NEWS SERVICE | MATTHEW HAAG.

Ms. O’Connor was born in El Paso, Texas, and grew up in Arizona on the Lazy B Ranch, 250 square miles of high desert along the state’s border with New Mexico. Her upbringing has remained a point of pride, and she has often referred to herself as a cowgirl.

“It is possible to survive and even make a living in that formidable terrain,” she wrote in her memoir of her childhood, “Lazy B,” in 2002. “The Day family did it for years; but it was never easy. It takes planning, patience, skill and endurance.”

She left Arizona for Stanford Law School, where she finished third in her class in 1952. It was also where she met her future husband, a fellow law-review editor at the university.

The top graduate in her class was William H. Rehnquist, the future chief justice, who received a clerkship on the Supreme Court.
cancers  civics  dementia  judges  lawyers  Sandra_Day_O'Connor  trailblazers  U.S._Supreme_Court  women  Alzheimer’s_disease 
october 2018 by jerryking
Life’s Work: Sandra Day O’Connor
December 2013 | Harvard Business Review |Interviewed by Alison Beard .
HBR  U.S._Supreme_Court  women  lawyers  mentoring  interviews  civics  judges  Sandra_Day_O'Connor 
december 2013 by jerryking
Anthony Lewis, Who Transformed Coverage of the Supreme Court, Dies at 85 - NYTimes.com
By ADAM LIPTAK
Published: March 25, 2013

“Gideon’s Trumpet,”
“Portrait of a Decade: The Second American Revolution,” about the civil rights movement.
“Make No Law,”
obituaries  NYT  U.S._Supreme_Court  journalists  books  editorials  writers 
march 2013 by jerryking
Book review: Reading Law - WSJ.com
August 28, 2012 | WSJ | By DAVID B. RIVKIN JR..

The Triumph of the Text
In "Reading Law," Supreme Court Justice Antonin Scalia and legal writer Bryan A. Garner argue for paying close attention to the original meaning of the words in the Constitution and other legal documents.
book_reviews  law  U.S._Supreme_Court  constitutions 
august 2012 by jerryking
Compassionate Action - WSJ.com
February 24, 2003 | WSJ |By BENJAMIN S. CARSON.

In a conversation recently with Gerhardt Casper, the former president of Stanford University, I learned that they had 1,600 freshmen slots and 19,000 applicants for those slots, 10,000 of which had 4.0 grade point averages. They, along with the Ivy League schools and select others, could easily fill the freshman class with 4.0 students. But what about the black student who grew up in the ghetto, in a single-parent home, looking over his shoulder for danger each day as he walked home and still managed to compile a 3.7 GPA and SAT scores in the 90th percentile? Or what about the student from Appalachia with a similar academic record whose father died in a mining accident and had to work and help raise his brothers and sisters?

Do we simply ignore such students or assuage our guilt by saying they don't have to attend one of the premier schools since there are many other excellent universities that would love to have them? Of course not. Instead, many universities take into account factors such as parental education, socioeconomic status, obstacles overcome, learning environment, living environment, responsibilities, special family circumstances, etc., which allows these students admission. The universities correctly reason that if these students could overcome such significant adversities in their lives, they will likely make great contributions to our nation.

This is the principle we should call "compassionate action," and I believe it is the right one for our current dilemma: While race-neutral, it takes a disadvantaged background into account and extends a helping hand to those who need it most. As it turns out, in the U.S., the largest percentage of people from disadvantaged backgrounds happen to be blacks and Hispanics. Those groups will be given a slightly lower bar because of their real difficulties, not from a presumption that their skin color requires it.
affirmative_action  economically_disadvantaged  U.S._Supreme_Court  admissions  race-neutrality  Stanford  applications  SAT  education  students  compassion  Appalachia  disadvantages  GPA  presumptions 
august 2012 by jerryking
Taking One for the Country - NYTimes.com
By THOMAS L. FRIEDMAN
Published: June 30, 2012

"I found myself applauding for Chief Justice Roberts the same way I did for Al Gore when he gracefully bowed to the will of the Supreme Court in the 2000 election and the same way I do for those wounded warriors — and for the same reason: They each, in their own way, took one for the country.

To put it another way, Roberts undertook an act of statesmanship for the national good by being willing to anger his own “constituency” on a very big question. But he also did what judges should do: leave the big political questions to the politicians. The equivalent act of statesmanship on the part of our politicians now would be doing what Roberts deferred to them as their responsibility: decide the big, hard questions, with compromises, for the national good. Otherwise, we’re doomed to a tug of war on the deck of the Titanic, no matter what health care plan we have. "...Our newfound natural gas bounty can give us long-term access to cheap, cleaner energy and, combined with advances in robotics and software, is already bringing blue-collar manufacturing back to America. Web-enabled cellphones and tablets are creating vast new possibilities to bring high-quality, low-cost education to every community college and public school so people can afford to acquire the skills to learn 21st-century jobs. Cloud computing is giving anyone with a creative spark cheap, powerful tools to start a company with very little money. And dramatically low interest rates mean we can borrow to build new infrastructure — and make money.
Tom_Friedman  John_Roberts  U.S._Supreme_Court  judges  statesmanship  hydraulic_fracturing  natural_gas  cloud_computing  smartphones  robotics  software  interest_rates  infrastructure  automation  constituencies  low-interest  compromise  blue-collar  manufacturers  politicians  hard_questions  high-quality 
july 2012 by jerryking
Roberts v. the Future - New York Times
By JEFFREY ROSEN
Published: August 28, 2005

The lesson of this particular episode of history, Roberts seemed to suggest, was that politicians -- and judges, for that matter -- should be wary of the assumption that the future will be little more than an extension of things as they are.
U.S._Supreme_Court  John_Roberts  politicians  judges  future 
may 2012 by jerryking
Peter Huber: Digital Innovators vs. the Patent Trolls
APR.18, 2011|WSJ|PETER HUBER.U.S. patent laws have drifted way
off course.Real innovators in the digital realm add new s/w modules,
chips & ntwking capabilities to the toolkit.Biochemists do the same
in their field, isolating genes & proteins & build new tools for
re- engineering them.In these & other areas of the economy, much of
the innovation is embodied in plug-&-play building blks, which are
easily combined in different ways to perform a variety of tasks.But the
proliferation of smart building blocks makes it easier for anyone to
write a patent that simply describes what a keen invention will do,
contributing little more than a sketch for how someone might build it
from off-the-shelf parts..The issue isn't whether IP rights should be
enforced, it's whether we have a reliable process identifying who really
supplied the intellect.We don't.A sys. that issues & upholds junk
patents will devalue IP much faster than one that scrutinizes patents
carefully & enforces only the good ones.
Peter_Huber  patents  patent_law  USPTO  patent_trolls  U.S._Supreme_Court  innovation  intellectual_property 
april 2011 by jerryking
Obama Mentor Panned Sotomayor - WSJ.com
OCTOBER 29, 2010 | Wall Street Journal | By JESS BRAVIN.
Tribe's assessment of the court's internal dynamics was consistent with
what other observers of the court have noted.
Sonia_Sotomayor  U.S._Supreme_Court  legal_analysis  judges 
october 2010 by jerryking
A Well-Traveled Path From Ivy League to Supreme Court -
September 6, 2010 | NYTimes.com | By ADAM LIPTAK. About half
of the law clerks who have served the justices since Chief Justice John
G. Roberts Jr. joined the court in 2005 attended two law schools —
Harvard and Yale. Another quarter attended just four others — Virginia,
Stanford, Chicago and Columbia.
U.S._Supreme_Court  law_schools  elitism  Ivy_League  law_students  judges 
september 2010 by jerryking
Kagan’s Climb Is Marked by Confidence and Canniness - Biography - NYTimes.com
May 10, 2010 | New York Times | This article is by Sheryl Gay Stolberg, Katharine Q. Seelye and Lisa W. Foderaro.
Elena_Kagan  nominees  U.S._Supreme_Court  profile  law  law_schools  judges 
may 2010 by jerryking
Inventors Have Rights, Too! - WSJ.com
MARCH 30, 2006 | Wall Street Journal | by NATHAN MYHRVOLD. "The
roots of this case lie in differing corporate cultures and attitudes
about the patent system. In some industries, like pharmaceuticals or
biotech, patents are crucial to the business model, so they support and
respect patent rights. Tech companies, on the other hand, win by
muscling their way to sufficient market share to become a de facto
standard (some would say monopoly). Because patents don't figure in this
business model, tech companies don't hold the patent system in high
regard. Patents are simply not a priority for many tech companies. Ebay,
for example, has only 11 issued patents."..."The patent system exists
to give economic incentive to create inventions -- not products. "
inventors  U.S._Supreme_Court  intellectual_property  patents  patent_law  Nathan_Myhrvold  Intellectual_Ventures 
december 2009 by jerryking
Crovitz: The Supreme Court v. Patent Absurdity
NOVEMBER 16, 2009 | - WSJ.com | By L. GORDON CROVITZ.
Technological change is fast outpacing the ability of government to deal
with it. ...The bottom line [is] that business-process patents deserve
to be invalidated. The most telling moment in the Bilski argument was
when Justice Breyer asked how the balance should be struck between
granting patents for methods that applied to machines as opposed to
methods that apply to how information is used.
L._Gordon_Crovtiz  U.S._Supreme_Court  patents  intellectual_property  technological_change 
november 2009 by jerryking
Court Opening Prompts Question About Whether Gender Matters - WSJ.com
MAY 14, 2009 | Wall Street Journal | by JENNIFER S. FORSYTH.

Should minority (i.e. racial, gender, disabled) U.S. Supreme Court
justices see themselves as needing to represent the views of particular
groups, or as acting as an umpire who remains neutral about who wins and
loses?
U.S._Supreme_Court  nominees  disadvantages  law  legal  gender_gap  gender_relations  judges 
may 2009 by jerryking

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