Thursday, December 1, 2011

Supremes will hear Obamacare case (no surprise)


SOURCE

http://www.politico.com/news/stories/1111/68300.html

11-393 ) NAT. FED'N INDEP. BUSINESS V. SEBELIUS, SEC. OF H&HS, ET AL.
)
11-400 ) FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
The petition for a writ of certiorari in No. 11-393 is
granted. The petition for a writ of certiorari in No. 11-400 is
granted limited to the issue of severability presented by
Question 3 of the petition. The cases are consolidated and a
total of 90 minutes is allotted for oral argument.

http://www.supremecourt.gov/orders/courtorders/111411zor.pdf

Here's the summary of the Florida case:

United States Court of Appeals,
Eleventh Circuit.
State of FLORIDA, by and through ATTORNEY GENERAL, State of South Carolina, by and through Attorney General, State of Nebraska, by and through Attorney General, State of Texas, by and through Attorney General, State of Utah, by and through Attorney General, et al., Plaintiffs–Appellees–Cross–Appellants,
v.
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Secretary of the United States Department of Health and Human Services, United States Department of the Treasury, Secretary of the United States Department of Treasury, United States Department of Labor, Secretary of the United States Department of Labor, Defendants–Appellants–Cross–Appellees.

Nos. 11–11021, 11–11067.
Aug. 12, 2011.

Background: Twenty-six states, private individuals, and organization of independent businesses brought action against federal Health and Human Services (HHS), Treasury, and Labor Departments and their Secretaries, challenging constitutionality of Patient Protection and Affordable Care Act. The United States District Court for the Northern District of Florida, No. 3:10-CV-00091-RV-EMT, Roger Vinson, Senior District Judge, 780 F.Supp.2d 1256, 2011 WL 285683, granted summary judgment to the government on the state plaintiffs' claim that the Act's expansion of Medicaid was unconstitutional, and concluded that the individual mandate exceeded congressional authority, and that the individual mandate provision was not severable from the rest of the Act, and declared the entire Act invalid. The District Court further clarified its order and entered a stay pending appeal, 780 F.Supp.2d 1307, 2011 WL 723117. The government appealed, and the state plaintiffs cross-appealed the district court's ruling on their Medicaid expansion claim.


Holdings: The Court of Appeals, Dubina, Chief Judge, and Hull, Circuit Judge, held that:
(1) Act's expansion of the Medicaid program, enacted pursuant to the Spending Clause, was not so unduly coercive as to violate Tenth Amendment's restriction on the use of the spending power to encourage state legislation;
(2) individual mandate exceeded the boundaries of Congress's enumerated power under Commerce Clause;
(3) individual mandate operated as a civil regulatory penalty, not a tax, and therefore could not be authorized pursuant to Taxing and Spending Clause; and
(4) unconstitutional individual mandate could be severed from the remainder of the Act's myriad reforms.

Michelle wants to have dinner with us!


SOURCE

Jim --

I'm excited for the chance to meet you and whoever you decide to bring to dinner.

I really hope you give this a shot.

Give $5 or whatever you can to be automatically entered for you and a guest to have dinner with Barack and me:

https://donate.barackobama.com/Dinner-With-Us

Hope to see you soon,

Michelle

ACJS still needs an Executive Director

ACJS Seeking Applications for Executive Director: DEADLINE EXTENDED TO DECEMBER 31, 2011

PLEASE NOTE: All applications should be submitted electronically to David F. Owens, dfowens@gmail.com. This revision is included in the text below.

The Academy of Criminal Justice Sciences is seeking applications for a half-time position of Executive Director.

The Executive Director oversees the daily operations of the national office, and is the principal person for implementing Executive Board initiatives, overseeing the selection of and contract negotiations for annual meeting sites, assisting with organizing the annual meeting (with the president and program chair handling content), and obtaining and expanding meeting vendors and sponsors. Other job requirements include:
• Assist the President with preparation of the proposed annual budget.
• Prepare and submit the appropriate financial reports (with the Treasurer).
• Monitor the flow of Academy funds (with the Treasurer).
• Coordinate efforts of Academy committees and official representatives.
• Supervise the maintenance and updating of the ACJS website.
• Monitor general office activities and performance.
• Function as the annual meeting manager (e.g. design exhibit hall layout, coordinate advertising and exhibits, etc.).
• Travel to the annual meeting, the Executive Board mid-year meeting, and the meeting of the Budget, Finance and Audit Committee.
• Visit the national office on a quarterly basis and, at the request of the President, engage in other travel, possibly including international travel.
• Serve as the first contact in the Certification process. Work with institutions to insure all paperwork is completed, and with the Academic Review Committee to complete the process.
• Conduct the training of Certification reviewers.

Applicants must meet the following criteria:
• Demonstrated record of quality service to the Academy.
• Well-articulated vision for the Academy.
• Current ACJS membership.
• Demonstrated record of scholarly activity.
• Earned doctorate or terminal degree in criminal justice or a closely related field.
• Senior (associate professor or above) academic rank at current or most recent institution.
• Demonstrated ability to work with others, as a supervisor and as an employee.
• Demonstrated management/supervisory experience.
• Willingness to travel.

Interested candidates should provide a formal proposal to the Selection Committee no later than
December 31, 2011. The proposal should be submitted electronically and include:
• Current curriculum vita.
• Statement of vision for the Academy (up to 1000 words).
• Candidate Information Form (which can be found by clicking on the link in the Hot Topics section of the ACJS homepage, www.acjs.org).
• Three letters of reference (may be mailed separately).

The Executive Board of the Academy will appoint the Executive Director for a three-year term which may be renewed. The Executive Director will be paid at one half his or her current salary, up to $50,000, plus receive reimbursement for required travel expenses, but with no benefits. ACJS is an equal opportunity employer: Minorities and women are encouraged to apply.

Please forward electronic applications and direct requests for further information to:

David F. Owens, ACJS Treasurer
Criminal Justice Department, Onondaga Community College
4585 West Seneca Turnpike, Syracuse, New York 13215-4585
Phone: 315-498-2670; Fax: 315-498-2522
email: dfowens@gmail.com

No "Get Out of Jail Free Cards" for Bad-Boy Banks (or Bankers)

Jail Wall Street crooks
Clicking here will automatically add your name to this petition to Rep. Meehan:
"The largest banks that caused the housing crisis that led to our economic meltdown should be investigated fully, punished to the full extent of the law, and forced to compensate their victims for the harm they caused.


Please co-sponsor Rep. Tammy Baldwin's resolution (H. Con. Res. 85) to hold Wall Street banks accountable."
Automatically add your name:
Take action now!

Learn more about this campaign
CREDO Action | more than a network, a movement.

Tell Rep. Meehan: Co-sponsor Tammy Baldwin's resolution to hold banks accountable.

Dear James,

It sounds really simple: The largest banks that caused the housing crisis that led to our economic meltdown should be investigated fully, punished to the full extent of the law, and forced to compensate their victims for the harm they caused.

But the Obama administration is pressuring state attorneys general to quickly cut a deal with the banks that lets them off the hook for massive amounts of mortgage and foreclosure fraud.

Representative Tammy Baldwin is pushing back. She has introduced a resolution that supports taking a tough line with the banks.

We need to send President Obama a message that he cannot give Wall Street a "get out of jail free" card for mortgage and foreclosure fraud.

Your Representative, Patrick Meehan, has not yet become a cosponsor of the Baldwin resolution. Tell Rep. Meehan: Stand with Tammy Baldwin and stand up to the banks. Click here to automatically sign the petition.

Not one of the Wall Street crooks who drove our economy off a cliff has gone to jail. And without aggressive investigation and prosecution of misconduct, none of them will.

Yet the Obama administration is pushing for a deal between state attorneys general and the large mortgage firms that essentially revolves around how lightly the banks would get off.

There has been no real investigation, and no real push for meaningful penalties or accountability. In many ways, the settlement terms under consideration would amount to another backdoor bailout for the banks.

This is unacceptable.

Even Republican presidential candidate Jon Huntsman seems to get this. On his website, he writes, "This is a basic question of rule of law; in this country no one is above the law," and that any settlement "must include full redress of all legal violations."

Tell Rep. Meehan: Stand with Tammy Baldwin and stand up to the banks. Click here to automatically sign the petition.

Rep. Baldwin's resolution has three tenets:

(1) The mortgage servicers who engaged in fraudulent behavior should not be granted criminal or civil immunity for potential wrongdoing related to illegal mortgage and foreclosure practices.

(2) The Federal Government and State attorneys general should proceed with full investigations into claims of fraudulent behavior by mortgage servicers.

(3) Any financial settlement reached with mortgage servicers should appropriately compensate for, and accurately reflect, the extent of harm to all victims, including homeowners and State pension beneficiaries, caused by the mortgage servicers' fraudulent behavior.

What's on the table now — and what the Obama administration is pressuring the states to accept — falls far short of these standards.

While the Baldwin resolution itself is non-binding, a large number of co-sponsors will do two things. First it will make it harder to spin a terrible settlement deal as a victory, which itself makes a deal less likely. Second, by establishing criteria for what an acceptable settlement might look like, it helps demonstrate the inadequacy of what's on the table.

We need to put the brakes on the headlong rush by state attorneys general and the Obama administration to settle with the banks.

It's incompatible with the health of our democracy to allow wealthy and powerful people off the hook after they have caused massive and widespread suffering.

Tell Rep. Meehan: Stand with Tammy Baldwin and stand up to the banks. Click here to automatically sign the petition.

Thank you for speaking out to hold Wall Street accountable.

Matt Lockshin, Campaign Manager
CREDO Action from Working Assets
**********************************************************************************************
If I had my way, individuals who walked off with huge bonuses would also be pursued. If you want to know why, rent the Oscar-winning documentary "Inside Job" and decide for yourself.


Image: Boaz Yiftach / FreeDigitalPhotos.net

Higher Ed unions face the thorny challenge of representing both full and part time faculty

http://chronicle.com/article/Unions-Confront-Fault-Lines/129836/?sid=at&utm_source=at&utm_medium=en


SOURCE

Pace University seeks criminal justice prof

Pace University Dyson College of Arts and Sciences Assistant/Associate Professor, Criminal Justice and Security

Pace University’s Dyson College of Arts and Sciences invites applications for a full-time tenure-track faculty position at the rank of Assistant/Associate Professor in the Criminal Justice and Security Department in Pleasantville, New York to begin spring 2012. The department includes one of the largest majors in the Dyson College of Arts and Sciences, with high quality undergraduate and graduate degree programs. Preference will be given to candidates with an earned doctorate in criminal justice or political science. J.D. degrees are eligible. Candidates should also have experience in understanding terrorism, asymmetric threats, emergency management, disaster preparedness and mitigation, response coordination, security technology, and terrorism prevention is essential. Experience in multiple levels of government and in the private sector is a major qualifying factor. Experience with teaching in both blended and online learning is a central component of the teaching load.

We seek a faculty member who will initiate and successfully implement a program of research and scholarship in collaborative effort within the department. A demonstrated commitment to student-centered learning and excellence in teaching is required as well as evidence of related research.

Position responsibilities include teaching undergraduate and graduate courses in criminal justice and homeland security, advising students and effectively and professionally helping students plan and execute research projects.

Review of applications will begin Dec. 10, 2011. Applications will be accepted until the position is filled. Please submit a letter of application, curriculum vitae, relevant syllabi, sample publications, and three letters of recommendation to: Dysondean@pace.edu

Criminal Justice and Security Search Committee Dean, Dyson College of Arts and Sciences Pace University One Pace Plaza New York, NY 10038

** Pace University is an Equal Employment and Affirmative Action Employer, M/F/H/V, committed to ensuring a diverse learning and working environment. Woman and minorities are encouraged to apply. **