Podcasts about disability act

Father Mark Darmody and his teenage daughter Cara Darmody speak to Wendy about why Cara is preparing a 50-hour protest outside Leinster House from 20th May for better autism services. In this conversation Mark and Cara highlight the Government and HSE's legal failings in regard to the Disability Act 2005 for not assessing children within 6 months.

This Day in Legal History: Gary Gilmore ExecutedOn January 17, 1977, Gary Gilmore was executed by firing squad in Utah, becoming the first person to be put to death in the United States after a 10-year pause in capital punishment. This execution followed the Supreme Court's landmark 1976 decision in Gregg v. Georgia, which reinstated the death penalty under revised statutes that addressed prior concerns about arbitrariness and fairness. Gilmore had been convicted of two murders committed during robberies in Utah and notably refused to appeal his death sentence, demanding instead that it be carried out promptly.His case drew significant public and media attention, particularly as it coincided with the reopening of the death penalty debate in the U.S. After the Supreme Court's 1972 decision in Furman v. Georgia temporarily invalidated capital punishment, states had revised their laws to provide more structured sentencing guidelines. Gilmore's execution marked the first test of those reforms.The event reignited intense national debates over the morality, fairness, and efficacy of capital punishment. Proponents argued that it served as a deterrent and a just response to heinous crimes, while critics questioned its alignment with human rights principles and pointed to racial and socioeconomic disparities in its application. The firing squad method itself sparked further controversy over humane execution practices.Gilmore's case also influenced popular culture, inspiring Norman Mailer's Pulitzer Prize-winning book The Executioner's Song. His willingness to accept the penalty became a focal point in discussions about agency and justice within the death penalty system. The debates sparked by his execution continue to shape U.S. legal discourse, reflecting unresolved tensions over capital punishment in the American legal system.Pam Bondi, Trump's pick for attorney general, disclosed a net worth of $12.2 million, including nearly $3 million in Trump Media shares received after the public debut of Truth Social's parent company last year. Her financial disclosures, submitted during the Senate confirmation process, revealed significant earnings linked to Trump-related entities since leaving public service in 2019. Bondi earned $1.1 million as a lobbyist with Ballard Partners, a firm led by Trump fundraiser Brian Ballard, and $520,000 from the Trump-affiliated America First Policy Institute.She also reported earning $203,738 in 2024 as a lawyer with Panza, Maurer & Maynard, where her clients included Pfizer. Bondi's stake in Trump Media Technology Group includes $3 million in stock and warrants valued at $3.9 million as of December 2024, acquired as compensation for consulting services. Her financial disclosures showed $1.7 million in liabilities, largely from real estate mortgages and notes payable to relatives. Democrats expressed concerns about her close ties to Trump during her Senate hearing, questioning her independence if confirmed as attorney general.Trump AG Pick Bondi Discloses $3 Million in Truth Social StockDemocratic attorneys general are preparing to defend key Biden administration policies as Donald Trump is set to begin his second term as president. With Trump's plans to reverse rules on immigration, the environment, and transgender rights, AGs from over a dozen states, including California, New Jersey, and Michigan, have moved to intervene in legal cases. One major effort involves defending a Biden rule providing health insurance to immigrants brought to the U.S. as children, which is currently challenged by Republican AGs.These Democratic coalitions are also seeking to uphold Biden-era regulations on environmental protections, gun dealers, and firearm devices that allow rapid firing. New Jersey AG Matt Platkin emphasized their focus on protecting residents' rights and ensuring Trump's administration adheres to the rule of law. This strategy mirrors actions during Trump's first term when Democratic AGs filed 155 lawsuits against his policies, achieving an 83% success rate. However, the current legal landscape presents new challenges, with a more conservative judiciary shaped by Trump's earlier appointments. Democratic AG offices, however, are now more experienced, having honed their strategies in prior legal battles. Political experts anticipate numerous lawsuits targeting executive actions Trump may issue early in his term.Democratic states brace for Trump by launching defense of Biden policies | ReutersIn the latest development of the ongoing saga surrounding 97-year-old Judge Pauline Newman, the Federal Circuit's Judicial Council has dismissed her appeal against suspension as "meritless." In a brief filed with the DC Circuit, the Council, alongside the Department of Justice, argued that Newman's claim—that her suspension amounts to unconstitutional removal without impeachment—should be rejected under the Judicial Conduct and Disability Act.Judge Newman, the oldest active federal judge, was suspended after refusing to cooperate with an investigation into her mental fitness. Her second one-year suspension from hearing new cases remains in effect, though the government maintains it is not permanent and could be lifted if she agrees to participate in the inquiry. Newman has challenged the suspension through administrative proceedings and an appeal in the DC Circuit, where her court, known for its jurisdiction over patent cases, is also located.The brief, representing Chief Judge Kimberly A. Moore and the Judicial Council, asserts that Congress distinguishes temporary suspensions from removal. Newman's legal team, the New Civil Liberties Alliance, continues to argue her case.97-Year-Old Judge's Suspension Appeal 'Meritless,' Council SaysThe Biden administration will leave enforcement of the TikTok ban to the incoming Trump administration, signaling no immediate action to force the app offline when a new law targeting the platform takes effect. While TikTok itself could shut down to highlight the law's impact on its 170 million U.S. users, the Biden administration stated it will not enforce the ban, instead emphasizing that TikTok should operate under American ownership. The law imposes penalties on tech companies like Apple and Google if they continue providing services to TikTok while it remains under ByteDance's ownership, exposing them to significant financial risk. However, any delay in enforcement would require the president to grant an extension under strict conditions, none of which TikTok has met. Efforts in Congress to extend the deadline have stalled, with security concerns raised by lawmakers like Senator Tom Cotton blocking attempts to provide ByteDance with more time to divest.President-elect Trump has signaled openness to negotiating a resolution to keep TikTok operational, citing its value to his campaign and young voters. Discussions within his team include a potential executive order to delay the ban while exploring ways to safeguard user data. The Supreme Court has yet to issue a ruling on the law, though justices have expressed concerns about national security risks tied to TikTok's Chinese ownership. Meanwhile, Democratic leaders, including Senator Chuck Schumer, are urging further action to balance security, privacy, and the platform's continued availability.Biden administration will leave it to Trump to implement TikTok ban - ABC NewsThis week's closing theme is by Giuseppe Verdi (1813-1901). Verdi is one of the most celebrated composers in the history of opera, renowned for his ability to blend dramatic storytelling with deeply emotive music. A central figure in 19th-century Italian opera, Verdi's works, including La Traviata, Rigoletto, and Aida, remain staples of the repertoire worldwide. His music often reflected his passion for Italian nationalism and human emotion, making his operas timeless in their appeal. Among his earliest triumphs was Nabucco (1842), a work that established him as a leading composer and marked the start of his long and illustrious career.Nabucco, Verdi's third opera, tells the story of the plight of the Israelites under the rule of the Babylonian King Nebuchadnezzar (Nabucco). Its overture, a brilliant instrumental prelude, captures the opera's dramatic intensity and stirring themes. The piece begins with ominous, foreboding chords that hint at the struggles to come, followed by a sweeping and heroic melody that reflects the resilience and hope central to the story. The overture's dynamic shifts and richly textured orchestration showcase Verdi's ability to infuse orchestral music with the same dramatic power found in his vocal writing.Notably, Nabucco became a symbol of Italian unification during the Risorgimento, with its famous chorus "Va, pensiero" resonating as an anthem of liberation. While the overture does not include this iconic melody, it captures the essence of the opera's emotional and political undertones. As this week's closing theme, the Nabucco overture offers a perfect blend of drama, passion, and triumph, embodying Verdi's mastery and the timeless power of his music.Without further ado, Giuseppe Verdi's overture from Nabucco. Enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Back to School is here, and one of the most powerful steps any family can take is understanding their legal rights and how to stay calm and cool if their student hits challenges. We're sitting down with FAACT's General Counsel and Vice President of Civil Rights Advocacy, Amelia Smith, to hear her top, Must-Knows about the Americans with Disability Act, K-12, and College so your family can start the school year equipped with the best knowledge possible. Resources to keep you in the know:FAACT's Civil Rights Advocacy CenterAmericans with Disabilities Act InformationFAACT's College Resource Center: Legal ConsiderationsPodcastsTackling Challenges (School): Featuring Amelia Smith, JDWorking with Your School Nurse to Update Accommodations for the school year: Featuring Robin Cogan, MEd, RN, NCSN, FNASN, FAANAccommodations Refresher for Back-to-School: Featuring Amelia Smith, JDYou can find FAACT's Roundtable Podcast on Apple Podcast, Pandora, Spotify, iHeart Radio or wherever you listen to your podcasts.Follow us on Facebook, X (formerly known as Twitter), Instagram, Threads, LinkedIn, Pinterest, TikTok, and YouTube. Sponsored by: GenentechThanks for listening! FAACT invites you to discover more exciting food allergy resources at FoodAllergyAwareness.org!

This Day in Legal History: Weimar Republic BornOn July 31, 1919, the Constitution of the German Reich was signed in Weimar, Germany, marking the birth of the Weimar Republic. This constitution established a full democracy in Germany, introducing a President, Parliament, and an independent judiciary to govern the nation. It was a groundbreaking document, making Germany the first nation to grant women the right to vote, thus setting a precedent for gender equality in Europe. The Weimar Constitution aimed to create a balance of power, with the President holding significant authority, including emergency powers, while the Parliament, or Reichstag, was responsible for legislation.The Constitution also enshrined civil liberties, including freedom of speech, press, and assembly, and sought to create a welfare state with provisions for unemployment benefits and worker protections. Despite these progressive elements, the Weimar Republic faced numerous challenges, including political extremism, economic instability, and societal divisions. These issues ultimately undermined the Republic, leading to the rise of Adolf Hitler and the Nazi Party in 1933, which brought an end to the Weimar era.The Weimar Constitution is often studied as a significant yet flawed attempt at democracy in a turbulent period of German history, highlighting both the potential and vulnerabilities of democratic governance. This event underscores the importance of stable political and economic foundations in maintaining a democratic system.Law school graduates typically pay over $1,000 to take the bar exam, but this fall, they have a chance to earn $1,500 by participating in a beta test for the National Conference of Bar Examiners' (NCBE) new NextGen Bar exam. This revamped exam, set to debut in July 2026, is seeking about 2,200 participants from the 46,000 taking the 2024 bar exam for an October trial run. Researchers will use the prototype to compare results with the current exam and to develop a new national score scale. The trial will also evaluate the effectiveness of individual questions and assist jurisdictions in setting their passing scores.The NextGen Bar exam, developed in response to criticisms that the existing test doesn't reflect actual law practice, aims to be more skills-oriented and less reliant on rote memorization. It will be nine hours long, split over two days, compared to the current exam's 12 hours. The new exam will be administered on computers instead of paper. So far, 21 jurisdictions plan to adopt the new exam between July 2026 and July 2028. The prototype test will be conducted in 32 states on October 18-19 or October 25-26, with sign-ups from August 19-29, targeting graduates from both ABA-accredited and non-ABA-accredited law schools, including first-time and repeat bar takers.Bar exam officials offer law grads $1,500 to beta test revised exam | ReutersMeta Platforms has agreed to a $1.4 billion settlement with Texas to resolve a lawsuit accusing the company of illegally using facial-recognition technology to collect biometric data from millions of Texans without their consent. This settlement, announced on July 30, 2024, is the largest ever reached by a single state. The lawsuit, filed in 2022, was the first significant case under Texas' 2009 biometric privacy law, which allows for damages of up to $25,000 per violation. Texas claimed that Facebook, Meta's subsidiary, captured biometric data billions of times from user-uploaded photos and videos via the "Tag Suggestions" feature, which has since been discontinued.Meta, while pleased with the settlement, continues to deny any wrongdoing and is considering future business investments in Texas, such as developing data centers. Texas Attorney General Ken Paxton praised the settlement, emphasizing the state's commitment to holding major tech companies accountable for privacy violations. This agreement was reached in May, just weeks before a trial was scheduled to begin. In a similar case, Meta paid $650 million in 2020 to settle a biometric privacy lawsuit under Illinois law. Meanwhile, Google is currently contesting a separate lawsuit in Texas over alleged violations of the state's biometric law.Meta to Pay Record $1.4 Billion to End Texas Biometric Suit (2)Meta to pay $1.4 billion to settle Texas facial recognition data lawsuit | ReutersThe Senate passed landmark legislation aimed at making social media platforms safer for children, marking significant congressional action to regulate the tech industry for the first time in over 25 years. In a bipartisan vote of 91-3, senators approved two bills to enhance privacy and safety for kids on platforms like Instagram, TikTok, and Snapchat. The legislation now moves to the House, where its future is uncertain due to a tight legislative schedule and concerns about potential impacts on free speech and user privacy.The push for regulation comes amid growing public pressure to address the mental health risks posed to children by social media, including addictive algorithms and harmful content. The Biden administration, mental health advocates, and parents have been vocal in demanding action. The Senate's overwhelming support is seen as a potential catalyst for House approval.The Kids Online Safety Act (KOSA) and the Children and Teens' Online Privacy Protection Act (COPPA 2.0) form the legislative package. KOSA aims to create a "duty of care" for social media companies to prevent harm like suicide and eating disorders by regulating app design features. Violations would be penalized by the Federal Trade Commission. COPPA 2.0 updates a 1998 law to prevent companies from collecting personal information from teens aged 13-16 without consent and bans targeted advertising to kids.Opponents argue that the bills could lead to online censorship, but supporters counter that the focus is on platform design, not content. Senators Rand Paul, Mike Lee, and Ron Wyden voted against the measures, citing censorship concerns. However, co-sponsor Sen. Marsha Blackburn insists the bills are about providing tools for parents and kids to protect themselves online.House Speaker Mike Johnson has expressed interest in reaching an agreement on the proposals. Sen. Richard Blumenthal hopes the House will recognize the urgency of protecting children online and act accordingly.Big Tech Gets Rare Rebuke in Senate With Kids' Privacy RulesA federal watchdog report revealed that judiciary employees filed 17 complaints against federal judges from fiscal 2020 to 2022, highlighting issues like abusive conduct, religious discrimination, and pregnancy-related harassment. The Government Accountability Office (GAO) found that some judges faced consequences, such as private reprimands or findings of creating hostile work environments. These complaints were processed under the Judicial Conduct and Disability Act. Additionally, judiciary employees filed 161 employment dispute resolution complaints, containing over 500 allegations, primarily of discrimination.The report noted a rise in allegations from 124 in fiscal 2020 to 336 in fiscal 2022. This increase could be due to improved trust in reporting mechanisms or the return to in-person work post-pandemic. The GAO emphasized that judiciary employees' protections are similar to those for most federal employees, though some protections are more limited. The judiciary's training materials align with Equal Employment Opportunity Commission (EEOC) practices, but inconsistencies exist across circuits.The GAO recommended that the judiciary start tracking informal reports of workplace misconduct to better understand and address the scope of the problem. Currently, this data isn't collected, potentially leading to an undercount of incidents. A national climate survey conducted last year might help evaluate policy effectiveness, though its data wasn't ready in time for the GAO report. The Administrative Office of the US Courts cooperated with the GAO study, facilitating interviews with various judiciary personnel despite some delays.It is worth noting that, short of impeachment, there is little that can be done to truly reprimand a federal judge. US Court Staff Filed 17 Complaints Against Judges, Watchdog SaysThe Fifth Circuit Court ruled that Texas can maintain a floating river barrier on the Mexico border, marking a significant victory for Governor Greg Abbott against the Biden Administration. This decision overturns a previous preliminary injunction by a federal trial court, which had ordered Texas to cease work on the 1,000-foot barrier and move it to the riverbank. Judge Don R. Willett stated that the district court erred in its judgment, contradicting long-standing precedent.The case is scheduled to return to the district court for trial on August 6 in Austin, Texas. The ruling also reverses an earlier Fifth Circuit panel decision that had upheld the district court's injunction. Judges Andrew S. Oldham, Priscilla Richman, and James C. Ho provided concurring opinions, with Ho partially dissenting, arguing that federal courts may lack jurisdiction since Abbott invoked the federal invasion clause in response to the immigration crisis.During oral arguments, some conservative judges suggested that the barrier is lawful under the premise that Texas has the right to defend itself against a migrant invasion. Texas has used the invasion clause to justify other border policies that typically fall under federal jurisdiction. Other judges contended that the Rio Grande stretch with the barrier is not navigable, meaning Texas did not violate the federal Rivers and Harbors Act. The barriers have been in place since January, pending the full court's review of the panel's decision favoring Biden.Texas Can Maintain Floating Border Barriers, Fifth Circuit Rules This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

GOOD EVENING: The show begins tonight in Scranton Pennsylvania, on North Washington Street, once the home of both the Casey and the Biden family... 1908 Pennsylvania CBS EYE ON THE WORLD WITH JOHN BATCHELOR FIRST HOUR 9-915 #KeystoneReport: Bob Casey and Joe Biden on North Washington avennnue. Salena Zito, Middle of Somewhere, @DCExaminer Pittsburgh Post-Gazette, New York Post, SalenaZito.comhttps://www.washingtonexaminer.com/opinion/columnists/3098233/does-casey-have-a-harris-problem/ 915-930 #PHILIPPINES: Blinken and Austin to the frontline of the South China sea. Craig Singleton, FDD.https://foreignpolicy.com/2024/07/23/us-south-china-sea-philippines-crisis-military-alliance-deterrence/?utm_content=gifting&tpcc=gifting_article&gifting_article=dXMtc291dGgtY2hpbmEtc2VhLXBoaWxpcHBpbmVzLWNyaXNpcy1taWxpdGFyeS1hbGxpYW5jZS1kZXRlcnJlbmNl&pid=PNIIg2Uhiq5yk80 930-945 #SmallBusinessAmerica: Pawnshops in America. @GeneMarks @Guardian @PhillyInquirerhttps://www.pawnexpo.com/ 945-1000 #SmallBusinessAmerica: Update your website for Disability Act regulations. @GeneMarks @Guardian @PhillyInquirer https://www.wsj.com/business/entrepreneurship/small-business-web-accessibility-lawsuits-c910f6fb?mod=mhp SECOND HOUR 10-1015 #PacificWatch: #VegasReport: Farewell to the Tropicana and Mirage -- Greetings to MLB and Hard Rock Hotel. @JCBliss https://www.reviewjournal.com/business/casinos-gaming/tropicana-landowner-confident-in-ballys-as-development-projects-3102754/ 1015-1030 #LANCASTER REPORT: 3.5% OFF FOR CASH. Jim McTague, former Washington Editor, Barrons. @MCTagueJ. Author of the "Martin and Twyla Boundary Series." #FriendsofHistoryDebatingSocietyhttps://www.ft.com/content/50985749-f817-474e-82a4-428f0ac3f8e2?emailId=2eccbf97-cd46-4be8-bf5e-0ccce7f4ff97&segmentId=2785c52b-1c00-edaa-29be-7452cf90b5a2 1030-1045 SPACEX: Cleared for Blast-off. Bob Zimmerman BehindtheBlack.com https://www.msn.com/en-us/news/technology/spacex-says-it-s-fixed-the-falcon-9-and-will-resume-launches-tomorrow/ar-BB1qHcwJhttps://behindtheblack.com/behind-the-black/spacex-announces-completion-of-investigation-of-july-11-falcon-9-second-stage-failure/ 1045-1100 WEBB: Carbon Monoxide in a Moon of Uranus. Bob Zimmerman BehindtheBlack.comhttps://behindtheblack.com/behind-the-black/points-of-information/webb-carbon-monoxide-detected-on-surface-of-uranuss-moon-ariel-suggests-an-underground-ocean/ THIRD HOUR 1100-1115 1/8: Heart of American Darkness: Bewilderment and Horror on the Early Frontier Hardcover – May 28, 2024 by Robert G. Parkinson (Author) https://www.amazon.com/Heart-American-Darkness-Bewilderment-Frontier/dp/1324091770 We are divided over the history of the United States, and one of the central dividing lines is the frontier. Was it a site of heroism? Or was it where the full force of an all-powerful empire was brought to bear on Native peoples? In this startingly original work, historian Robert Parkinson presents a new account of ever-shifting encounters between white colonists and Native Americans. Drawing skillfully on Joseph Conrad's famous novella, Heart of Darkness, he demonstrates that imperialism in North America was neither heroic nor a perfectly planned conquest. It was, rather, as bewildering, violent, and haphazard as the European colonization of Africa, which Conrad knew firsthand and fictionalized in his masterwork. At the center of Parkinson's story are two families whose entwined histories ended in tragedy. The family of Shickellamy, one of the most renowned Indigenous leaders of the eighteenth century, were Iroquois diplomats laboring to create a world where settlers and Native people could coexist. The Cresaps were frontiersmen who became famous throughout the colonies for their bravado, scheming, and land greed. Together, the families helped determine the fate of the British and French empires, which were battling for control of the Ohio River Valley. From the Seven Years' War to the protests over the Stamp Act to the start of the Revolutionary War, Parkinson recounts the major turning points of the era from a vantage that allows us to see them anew, and to perceive how bewildering they were to people at the time. For the Shickellamy family, it all came to an end on April 30, 1774, when most of the clan were brutally murdered by white settlers associated with the Cresaps at a place called Yellow Creek. That horrific event became news all over the continent, and it led to war in the interior, at the very moment the First Continental Congress convened in Philadelphia. Meanwhile, Michael Cresap, at first blamed for the massacre at Yellow Creek, would be transformed by the Revolution into a hero alongside George Washington. In death, he helped cement the pioneer myth at the heart of the new republic. Parkinson argues that American history is, in fact, tied to the frontier, just not in the ways we are often told. Altering our understanding of the past, he also shows what this new understanding should mean for us today. 42 illustrations 1115-1130 2/8: Heart of American Darkness: Bewilderment and Horror on the Early Frontier Hardcover – May 28, 2024 by Robert G. Parkinson (Author) 1130-1145 3/8: Heart of American Darkness: Bewilderment and Horror on the Early Frontier Hardcover – May 28, 2024 by Robert G. Parkinson (Author) 1145-1200 4/8: Heart of American Darkness: Bewilderment and Horror on the Early Frontier Hardcover – May 28, 2024 by Robert G. Parkinson (Author) FOURTH HOUR 12-1215 #NPT: China tells US to stop deploying. Henry Sokolski, NPEC.https://www.globaltimes.cn/page/202407/1316642.shtml 1215-1230 #ITALY:Giorgia Meloni to China. Lorenzo Fiori, Ansaldo Foundation https://www.reuters.com/world/italys-meloni-visit-china-this-week-with-trade-investment-agenda-2024-07-24/ 1230-1245 SCOTUS: National Rent Control and Bomber Fleets. Richard Epstein Hoover Institutionhttps://www.hoover.org/research/keeping-rental-markets-safe 1245-100 AM SCOTUS: Court-Packing 2024, Richard Epstein, Hoover Institution. https://www.wsj.com/articles/bidens-court-smacking-plan-reform-term-limits-amendment-ethics-e43d1fed?mod=editorials_article_pos2

#SmallBusinessAmerica: Update your website for Disability Act regulations. @GeneMarks  @Guardian @PhillyInquirer https://www.wsj.com/business/entrepreneurship/small-business-web-accessibility-lawsuits-c910f6fb?mod=mhp 1913 GETTYSBURG ENCAMPMENT

Forbes, U.S. Presidential Appointee, World Institute on DisabilityThe is a LIVE Interview, I am at a National Seminar at an OUTSIDE Windy Booth & Marcie Roth is a a National Conference! We Celebrate the 34th Anniversary of the American's with Disability Act & some Memories & Lots of Info on WID!Recently named by Forbes Magazine to their inaugural Fifty Over 50 Impact List, and by Womens' eNews as one of  their 21 Leaders for the 21st Century, Marcie has served in executive leadership roles for disability advocacy and public policy organizations since 1995, leading coalitions committed to operationalizing accessibility and inclusion as intersectional imperatives for equity, diversity and global social justice.In the immediate aftermath of the 9/11 terrorist attacks, Marcie turned her advocacy towards improving emergency preparedness and disaster outcomes for people with disabilities, building accessible disaster-resilient communities and disability inclusive climate justice initiatives.Experienced in establishing, supporting and leading coalitions committed to disability inclusion as an intersectional imperative for global social justiceAppointed by President Obama to the U.S Department of Homeland Security - Federal Emergency Management Agency (FEMA) from 2009 to 2017, she served as Senior Advisor to the FEMA Administrator, establishing and directing the Office of Disability Integration and Coordination. Marcie represented the U.S. government internationally as an expert on whole community inclusive global disaster risk reduction from 2012- 2017 and has served as a leader throughout the development and implementation of the United Nations Sendai Framework for Disaster Risk Reduction 2015-2030.  Marcie provides expert consultation to governments, corporations, health systems, and the United Nations.  She launched the Global Alliance for Disaster Resource Acceleration in 2020, bringing corporate and foundation funders together with local disability-led organizations to accelerate humanitarian relief directly to disaster-impacted communities where and when it's needed most. Under her leadership, GADRA is currently assisting Ukrainian disability-led organizations in an urgent effort to be sure Ukrainian children and adults with disabilities are not left behind.Recently appointed to the American Red Cross Diversity Advisory Council, the Board of Directors of InterAction, and as Chairperson of the  US Department of Health and Human Services National Advisory Committee on Disability and Disaster, Marcie is a Harvard University Kennedy School of Government Senior Executive Fellow with a BS in Public Safety Administration from the University of Maryland Global Campus.© 2024 All Rights Reserved© 2024 Building Abundant Success!!Join Me on ~ iHeart Media @ https://tinyurl.com/iHeartBASSpot Me on Spotify: https://tinyurl.com/yxuy23baAmazon ~ https://tinyurl.com/AmzBASAudacy:  https://tinyurl.com/BASAud

This Day in Legal History: Operation SataniqueOn July 10, 1985, French intelligence agents bombed the Greenpeace ship Rainbow Warrior in Auckland Harbor, New Zealand. This covert operation, codenamed "Operation Satanique," aimed to prevent the vessel from protesting French nuclear tests in the South Pacific. The attack resulted in the sinking of the Rainbow Warrior and the tragic death of Portuguese photographer Fernando Pereira.The incident quickly escalated into an international scandal, straining diplomatic relations between France and New Zealand. In the aftermath, two French agents, Alain Mafart and Dominique Prieur, were apprehended and sentenced to ten years in a New Zealand prison for manslaughter. However, under international pressure, a deal was struck that allowed the agents to serve their sentences on a French-controlled island in the Pacific.Litigation between France and New Zealand ensued, culminating in a case before the International Court of Justice (ICJ). In this landmark case, New Zealand sought compensation for the attack and the breach of its sovereignty. The ICJ ruling required France to pay New Zealand $7 million in damages and issue a formal apology, marking a significant moment in international law and state accountability.This event highlighted the tensions surrounding nuclear testing and environmental activism during the Cold War era. It also underscored the importance of respecting international law and the sovereignty of nations. The bombing of the Rainbow Warrior remains a poignant reminder of the lengths to which states might go to protect their interests, often at great moral and legal cost. The case of New Zealand v. France before the International Court of Justice demonstrated the legal processes and repercussions when a nation's sovereignty is violated by another state. This case emphasized the role of the ICJ in resolving international disputes and upholding international law.Alec Baldwin's trial for the 2021 fatal shooting of cinematographer Halyna Hutchins on the "Rust" movie set has turned its focus on the Colt .45 "Peacemaker" revolver involved. Jury selection occurred in Santa Fe, New Mexico, with Baldwin and his wife in attendance. The trial, starting almost three years after the incident, sees prosecutors and defense lawyers questioning jurors about their knowledge of the case and Baldwin's influence as a public figure.The case is unprecedented in U.S. history, as actors rarely face criminal charges for on-set fatalities. Baldwin could face up to 18 months in prison if convicted. The "Rust" armorer, Hannah Gutierrez, was previously found guilty of involuntary manslaughter for mistakenly loading a live round into the gun, receiving an 18-month sentence.A crucial point in the trial is whether Baldwin should have inspected the gun after being told it was "cold," meaning it should have been empty or contained dummy rounds. Baldwin has stated he did not pull the trigger, but an FBI examination found the gun would not fire without the trigger being pulled. Baldwin's defense argues that the gun was modified, potentially allowing it to fire without a trigger pull, but the FBI destroyed the gun during testing, complicating the defense's ability to prove this claim. Legal experts suggest that the condition of the firearm and its modifications will be central to the trial's outcome.Alec Baldwin manslaughter trial revolves around Wild West gun | ReutersJudge Pauline Newman, a 97-year-old member of the U.S. Court of Appeals for the Federal Circuit, lost her lawsuit seeking reinstatement after being suspended for alleged cognitive and physical impairments due to age. Newman challenged her suspension, arguing that the Judicial Conduct and Disability Act of 1980, which governs the removal of judges, was unconstitutional. However, U.S. District Judge Christopher Cooper dismissed her claims, asserting that the law does not violate due process rights. Newman's attorney announced plans to appeal the decision.The Federal Circuit suspended Newman in September for at least a year or until she complies with court-ordered medical examinations. Chief Judge Kimberly Moore highlighted Newman's alleged cognitive decline and lack of cooperation with mental health inquiries. Newman, a notable figure in patent law, has defended her fitness for duty, citing favorable medical reports and maintaining public appearances.This case marks a rare public debate over judicial fitness, coinciding with broader discussions about age and capability in public office. The Federal Circuit's judicial council has demanded further explanation from Newman regarding her suspension, signaling potential for the suspension's extension due to her continued non-cooperation.US judge, 97, loses lawsuit seeking reinstatement | Reuters97-Year-Old Judge Newman to Appeal Loss in Suspension Suit (3)A D.C. Circuit panel ruled that Hillary Clinton's 2016 campaign and a pro-Clinton PAC, Correct the Record, must face claims of improperly disclosing millions in expenditures. The Federal Election Commission (FEC) dismissed a complaint from the Campaign Legal Center, alleging violations of the Federal Election Campaign Act. The court found that the FEC's dismissal was "contrary to law" as it stretched exemptions for internet spending beyond legal limits.The court emphasized that campaign committees must disclose coordinated expenditures as contributions, with exemptions only for unpaid internet communications. The Campaign Legal Center accused the Clinton campaign of accepting undisclosed contributions from Correct the Record, including opposition research and media activities. The ruling requires the FEC to clarify the internet exemption's bounds and consider enforcement actions against the Clinton campaign and Correct the Record. If the FEC does not act within 30 days, the Campaign Legal Center can pursue a private lawsuit.The D.C. Circuit's decision upholds a lower court ruling that the FEC's dismissal was unlawful. It also highlighted how the FEC's interpretation of exemptions could allow circumvention of campaign finance laws. The case has been remanded to the district court and then back to the FEC for further action. Judges J. Michelle Childs and Harry T. Edwards joined in the opinion.Clinton Campaign Case to Prompt Review of Disclosure Exemption This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

July's episode features Bret Maceyak of PATH International chatting with the AHC team about miniature horses as service animals under the American Disabilities Act. Fascinating conversation about these little dynamos and all the ways they can be the perfect partners. Also, the AHC team touches base on three timely topics - release of new horse stamps from USPS (they are going fast!), two national days of commemoration for and about horses - July 15 and July 17... "National I love horses day" and "National meet a horse day", plus tips for horses and riders in the heat!HORSES IN THE MORNING Episode 3466 –Show Notes and Links:Your Hosts: Julie Broadway (President) and Emily Stearns (Health, Welfare, and Regulatory Affairs Liaison) of the American Horse CouncilGuest: Bret Maceyak of Path InternationalSponsor: Merck Animal HealthFollow Horse Radio Network on X (former Twitter)or follow Horses In The Morning on FacebookFollow the American Horses Council onFacebook, Instagram and X (formerly Twitter)

July's episode features Bret Maceyak of PATH International chatting with the AHC team about miniature horses as service animals under the American Disabilities Act. Fascinating conversation about these little dynamos and all the ways they can be the perfect partners. Also, the AHC team touches base on three timely topics - release of new horse stamps from USPS (they are going fast!), two national days of commemoration for and about horses - July 15 and July 17... "National I love horses day" and "National meet a horse day", plus tips for horses and riders in the heat!HORSES IN THE MORNING Episode 3466 –Show Notes and Links:Your Hosts: Julie Broadway (President) and Emily Stearns (Health, Welfare, and Regulatory Affairs Liaison) of the American Horse CouncilGuest: Bret Maceyak of Path InternationalSponsor: Merck Animal HealthFollow Horse Radio Network on X (former Twitter)or follow Horses In The Morning on FacebookFollow the American Horses Council onFacebook, Instagram and X (formerly Twitter)

Send a one-way text message. Ask a Question or message me your feedback. Be sure to leave your name too if you'd like a shoutout on the Podcast.In this episode of the Healthy Celiac Podcast, host Belinda Whelan delves into the controversial topic of extra charges imposed on gluten-free options at restaurants and cafes. She discusses recent lawsuits against Starbucks and Dunkin Donuts for charging extra for lactose-free milk, and how this could be considered discrimination. The conversation then shifts to the potential class action lawsuit against Chick-fil-A in the USA for charging extra for gluten-free buns.Belinda explores the potential outcomes of these lawsuits, the impact on the gluten-free community, and the broader implications for businesses globally. She shares her personal experiences and invites listeners to join the conversation about whether businesses should be held accountable for these extra charges.Belinda also reminds listeners that celiac disease is covered under the Disability Act in several countries, including Australia, the USA, Canada, and the UK. This episode is a must-listen for anyone navigating the challenges of dining out with dietary restrictions. Tune in for more insights on living well with celiac disease. Remember to hit that follow button so you don't miss an episode!Learn more about Ultimate Celiac System herehttps://www.belindawhelan.com/ultimateceliacsystem Join my free community and grab your copy of 11 Mistakes People Make Living Gluten Free here www.belindawhelan.myflodesk.com/11mistakesCheck out my Daily Health Tracker hereHEALTH TRACKER | The Healthy Celiac (belindawhelan.com)Over 500 Gluten Free Recipes inside Meal Plans Made Easy https://belindawhelan.teachable.com/p/meal-plans-made-easyAnd I would love to connect with you on Instagram thehealthyceliacIf you have a spare moment, please pop over to Apple Podcasts and leave me a review. Thank you!Music Credit bensound.com 

This Day in Legal History: Seventeenth Amendment Ratified On April 8, 1913, a significant transformation in American democracy was cemented with the ratification of the Seventeenth Amendment to the U.S. Constitution, fundamentally altering the process for selecting U.S. Senators. Prior to this amendment, senators were chosen by state legislatures, a practice established by the original Constitution that aimed to ensure states' power within the federal system. However, this method was increasingly seen as flawed, particularly due to issues like corruption and deadlock within state legislatures, which often led to Senate seats remaining vacant for extended periods.The push for reform gained momentum in the late 19th and early 20th centuries, as Progressive Era advocates argued for more direct democratic control over government. The Seventeenth Amendment represented a pivotal victory for these reformers, as it mandated the direct election of senators by the voting public of each state. This change was intended to make the Senate more responsive to the electorate's will, reduce corruption, and enhance the democratic principles upon which the nation was founded.The amendment's journey to ratification was a testament to the growing demand for political reform. After being passed by Congress in 1912, it was swiftly ratified by the necessary three-fourths of the states, reflecting widespread public support for greater democratic involvement in federal government. This process also showcased the amendment mechanism outlined in the Constitution as a powerful tool for evolving the nation's governance structures in response to calls for change.The ratification of the Seventeenth Amendment marked a fundamental shift in the balance of power between state legislatures and the general electorate. By empowering citizens with the ability to directly elect their senators, it significantly expanded American democratic practices. This change not only reshaped the Senate but also had lasting implications for American politics, ensuring that senators would be more directly accountable to the people they represent.Today, the Seventeenth Amendment stands as a critical milestone in the ongoing development of American democracy, embodying the Progressive Era's ideals of increasing public participation and reducing undue influence in the legislative process. Its anniversary serves as a reminder of the enduring importance of democratic reform and the impact of constitutional amendments in shaping the trajectory of the United States.The New York State Bar Association's AI task force recently emphasized the privacy and confidentiality risks attorneys face when using artificial intelligence, urging them to be cautious with client data to prevent breaches. Approved guidelines advise lawyers on AI usage and advocate for educational efforts and comprehensive legislation to address regulatory gaps. While AI offers significant benefits like reducing errors and enhancing efficiency, it also poses privacy and cybersecurity threats. The task force highlighted the potential for AI to improve access to justice but warned against exacerbating the burden on the already overwhelmed court system through its increased use.Confidentiality issues are particularly concerning when information shared with AI, like chatbots, is used for AI training, suggesting that lawyers obtain client consent and ensure data protection. Attorneys are advised against relying solely on AI-generated content without verifying its accuracy and completeness. The report recommends using closed AI systems to mitigate privacy concerns and emphasizes the necessity for attorneys to understand the technology they use or seek assistance to fulfill their duty of competence.The task force pointed out that laws and regulations lag behind AI advancements, with unresolved questions about liability and intellectual property disputes involving AI training data. It calls for education on AI's legal applications and legislative attention to AI-related risks not covered by current laws. The report cautions against viewing AI as a panacea for access to justice issues, highlighting the risk of creating a two-tiered legal system where only the well-resourced benefit, potentially leaving underserved communities at a disadvantage.NY Bar Warns Attorneys of Privacy Risks Posed by AI ToolsA federal appeals court recently addressed a contentious issue of "judge shopping" by ruling against the transfer of a lawsuit challenging a Consumer Financial Protection Bureau (CFPB) rule on credit card late fees from Texas to Washington, D.C. This lawsuit, initiated by business and banking groups in Fort Worth, Texas, aimed to contest the CFPB's regulation that sought to cap "excessive" late fees, which the agency believes cost consumers approximately $12 billion annually. The CFPB's rule limits charges for late payments to $8 for credit card issuers with over 1 million open accounts, a significant decrease from the previously allowable charges of up to $30 or $41 for subsequent late payments. The New Orleans-based 5th U.S. Circuit of Appeals, on a 2-1 vote, sided with the plaintiffs, emphasizing the broader debate over the practice of selecting courts for their sympathetic judges. The dissenting opinion raised concerns about the impact of the ruling on district court discretion and the management of forum shopping. The case's transfer, prompted by a newly announced policy to curb "judge shopping," was nullified, underscoring the ongoing challenges in addressing this legal strategy.US court rejects transfer of credit card fees rule case amid focus on 'judge shopping' | ReutersFederal Circuit Judge Pauline Newman is making a determined effort to keep her lawsuit active, which contests her suspension from hearing cases under the Judicial Conduct and Disability Act. At 97 years old, Newman, the oldest active federal judge in the U.S. and the longest-serving member of the court that specializes in patent appeals, argues that the Act's provisions are unconstitutionally vague and improperly allowed her peers to suspend her without legitimate grounds. Her suspension came after she declined to undergo medical testing amid an investigation into her capability to serve, instigated by her colleagues at the US Court of Appeals for the Federal Circuit.In her recent legal filings, Newman challenges not only her suspension but also the broader legal framework that enabled it, specifically criticizing the statute's provision for demanding medical records or psychiatric exams without adequate legal justification. She contends that the process used against her amounts to an unconstitutional delegation of Congress's sole authority to remove her from office and criticizes the vague criteria used to define a disqualifying mental disability.The legal battle has seen parts of Newman's lawsuit dismissed by Judge Christopher R. Cooper, though claims challenging the constitutionality of certain aspects of the Act remain under consideration. In response to a motion to dismiss these remaining claims, Newman and her legal team, represented by the New Civil Liberties Alliance, argue that the Act's vague definitions and lack of provisions for judicial review of decisions, including those authorizing access to private medical information, undermine its constitutionality.Newman's case, positioned against Chief Judge Kimberly A. Moore and other members of the Judicial Council, emphasizes a significant legal debate over the standards and procedures for evaluating the fitness of federal judges and the balance of power between judicial and legislative authorities.Newman Urges Judge Not to Dismiss Lawsuit Challenging Suspension Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

At the age of 96, Judge Pauline Newman is the nation's oldest federal judge. In 1984, Judge Newman became the first judge appointed directly to the US Court of Appeals for the Federal Circuit. In April of last year, reports surfaced that Federal Circuit Chief Judge Kimberly Moore had initiated a complaint against Judge Newman under the Judicial Conduct and Disability Act of 1980. Although the complaint was initially based on alleged “cognitive decline,” it later morphed to focus on her unwillingness to cooperate with Judge Moore's investigation. This program will provide an update on Judge Newman's case and discuss issues related to this most-unusual set of circumstances. This program coincides with panelist David Lat's recent interview with Judge Newman, available here, which allows viewers to hear Judge Newman in her own words. The Committee on Judicial Conduct and Disability released an opinion in the case, available here. Check out this recording for a discussion of Judge Newman's case, the state of judicial conduct, and more.Featuring: David Lat, Founder, Original JurisdictionProf. Arthur Hellman, Professor Emeritus of Law, University of Pittsburgh School of LawModerator: Hon. Jennifer Perkins, Arizona Court of Appeals, Division One

This Day in Legal History: David Dudley Field is Born On this day in legal history, we commemorate the birth of David Dudley Field, a pivotal figure in the codification of American law, born in Haddam, Connecticut, on February 13, 1805. Field's contributions to the legal landscape of the United States are monumental, as he tirelessly worked towards the simplification and organization of legal statutes and procedures. A graduate of Williams College, Field embarked on a legal career that would see him become one of the most influential legal reformers of the 19th century.Field believed that the law should be accessible and understandable to every American, not just those formally trained in the legal profession. This belief drove him to advocate for the codification of both civil and criminal law, leading to the drafting of the Field Code in 1848. The Field Code revolutionized the practice of law by systematizing civil procedure into a coherent body of statutes, making it a model that would eventually be adopted, in whole or in part, by many states across the country.Moreover, Field's efforts extended beyond civil law into the realms of criminal law, political, and commercial codes, striving for a comprehensive codification that would standardize legal practice across the United States. His work laid the groundwork for future legal codification and reform, influencing not only American law but also legal systems in other countries.Field's legacy is a testament to his vision of a more rational and efficient legal system. Through his pioneering efforts in legal codification, David Dudley Field helped shape the foundation of modern American jurisprudence. On the anniversary of his birth, we recognize Field not just as a champion of legal codification, but as a visionary who sought to democratize the law and enhance its clarity and fairness for all. His contributions continue to resonate within the legal community, marking him as one of the most significant legal figures in American history.Donald Trump has requested the U.S. Supreme Court to maintain a hold on his criminal trial related to efforts to overturn the 2020 election outcome while he appeals against a lower court's decision that denied him immunity from prosecution. This move introduces a second significant case involving Trump to the Supreme Court amidst his campaign for re-election, with the court already evaluating his eligibility for the presidential ballot due to his involvement in the Jan. 6 Capitol riot. Trump aims to pause a federal appeals court ruling that permits his prosecution for allegedly seeking to illegally remain in power, challenging the notion that a president could have the 'unbounded authority' to commit crimes undermining election results.Trump, currently leading the Republican nomination race, faces the prospect of being the first major party candidate to undergo a criminal trial during a presidential campaign. This is one of four criminal cases against him, including another election-related prosecution in Georgia and a case concerning hush money payments. Trump has sought to delay these trials until after the November 2024 election, suggesting that a victory would allow him to direct the Justice Department to dismiss the cases.A Supreme Court denial of Trump's request could lead to the scheduling of a new trial date by U.S. District Judge Tanya Chutkan. Trump's legal team has argued that proceeding with the trial would infringe upon his First Amendment rights and that of his supporters, potentially sidelining him during the campaign season. They contend that Trump's actions leading up to the Capitol riot were within his official presidential duties, citing a 1982 Supreme Court ruling on presidential immunity in civil suits. The special counsel has emphasized the urgency of resolving Trump's immunity claims, suggesting the Supreme Court's role in addressing these critical legal questions.Trump Asks Supreme Court to Keep DC Election Trial on Hold (2)Trump asks US Supreme Court to intervene in his immunity bid | ReutersIn 2023, global law firm Hogan Lovells reported record-breaking revenues and partner profits, indicating a significant rebound in the legal industry's profitability. The firm's average profit per equity partner surged by approximately 20% to $2.74 million, with global revenue climbing to $2.68 billion, recovering from a dip to about $2.43 billion in 2022. This growth comes in the context of a broader legal sector recovery, with many U.S. and global law firms experiencing a turnaround after a relatively slower 2022, marked by decreased demand for M&A and other legal services.Legal industry analyses, including those from Wells Fargo's Legal Specialty Group and the Thomson Reuters Law Firm Financial Index, highlighted 2023 as a year of increased revenue and profitability for law firms on average. However, the success was not uniform across the board, with a Citigroup survey revealing that while the average profits per equity partner grew by 6.6%, 39% of firms saw a decline in partner profits.Hogan Lovells' CEO Miguel Zaldivar attributed the firm's successful growth to its diversified geographic presence, practice areas, and industry sectors, avoiding overreliance on any single market. Under Zaldivar's leadership, who was reappointed for a second term until June 2028, the firm aims to continue its growth, especially in life sciences, technology, energy, financial services, and mobility sectors, focusing on expansion in New York, California, and Texas.The firm, which emerged from a 2010 merger and now boasts over 2,600 lawyers globally, has also been active in strategic hiring. In November, it added nearly 70 lawyers from the dissolved New York firm Stroock & Stroock & Lavan, alongside other recent hires in Italy and the U.S., bolstering its capabilities in finance, M&A, capital markets, and tax law. These moves are part of Hogan Lovells' strategy to achieve its 2024 goals and further solidify its position in the legal market.Law firm Hogan Lovells reports revenue, profit highs in 2023 | ReutersJudge Pauline Newman's lawsuit against her suspension from the Federal Circuit faces significant challenges after a federal judge, Christopher R. Cooper, denied her preliminary relief and dismissed several claims. Newman, 96, was suspended in September 2023 for refusing medical testing related to an investigation into her fitness to serve. Cooper's ruling found that the US District Court for the District of Columbia lacks jurisdiction over many of Newman's claims or that they failed to state a claim, significantly reducing her lawsuit's scope.Despite Newman's challenges to the suspension, Cooper ruled she isn't entitled to immediate reinstatement, citing a lack of likelihood in prevailing on her remaining claims. The suspension was part of the judiciary's self-regulatory measures under the Judicial Conduct and Disability Act, a framework upheld by Supreme Court precedent, which Newman contests as unconstitutional.Parts of Newman's legal battle focus on the Act's application and the constitutional challenges it presents, particularly regarding the judiciary's authority to enforce disciplinary actions and define mental disabilities. Cooper did allow some parts of Newman's lawsuit to proceed, mainly those challenging the Act's underlying provisions and her claim that the law fails to clearly define what constitutes a mental disability.However, even with some aspects of Newman's lawsuit moving forward, Cooper emphasized the high standards Newman must meet to succeed on the merits. He dismissed two of her constitutional challenges outright and reserved judgment on others, indicating a tough path ahead for Newman. The ruling also suggests that Newman's attorney is prepared to appeal any unfavorable decision, potentially taking the case as far as the US Supreme Court.This case highlights the judiciary's self-regulatory mechanisms and the challenges judges face when contesting disciplinary actions, setting a precedent for how similar future disputes might be adjudicated.Judge Newman's Reinstatement Odds Wane as Judge Limits Suit (1)In my column on the potential demise of the Chevron doctrine and its implications for tax law, I discuss the critical role Chevron plays in allowing federal agencies to interpret ambiguous laws, a principle at risk in the Loper Bright Enterprises v. Raimondo case before the US Supreme Court. I explain that without Chevron's deferential standard, IRS regulations on ambiguous statutes might not automatically be upheld, leading to a significant upheaval in tax law and practice, notably in areas like transfer pricing. Transfer pricing, crucial for how multinational corporations allocate income and expenses across jurisdictions, relies heavily on IRS interpretations of tax legislation, which could be thrown into uncertainty without Chevron.I also highlight the extensive regulatory framework developed under Internal Revenue Code Section 482, which is essential for maintaining compliance and preventing tax evasion through price manipulations. The potential for judicial review of these standards, if Chevron is overturned, introduces a significant risk of uncertainty in international tax practices, affecting multinational corporations' tax planning strategies.Moreover, I touch on the immediate increase in litigation that could follow Chevron's overturn, using the specific case of Microsoft's alleged $28.9 billion tax bill as an example of the financial implications. The removal of Chevron deference could lead to reevaluation of major IRS victories and pose a nearly immediate financial impact, potentially costing taxpayers $30 billion.I argue that the judiciary's increased role in tax regulation would result in greater variability in tax law interpretation, complicating tax planning and compliance. However, I suggest that clear statutes and robust regulatory guidance could mitigate some of these challenges, even if political realities make such clarity difficult to achieve. Finally, I emphasize the importance of preparedness for the tax law community, as the end of Chevron could mark a significant shift in how tax regulations are interpreted and enforced, urging stakeholders to consider the implications of a post-Chevron landscape for regulatory and compliance strategies.Chevron Doctrine's Demise Would Mean Big Changes for Tax Law Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

One of the most common ways for an American to seek a redress for some grievance is to file a law suit. This has made the United States a very litigious society. I was not able to determine the number of lawsuits filed, but in 2023 there were more attorneys in the United States (1.33 million) than doctors (1.08 million). As you might imagine, it is unlikely that all of these lawsuits are legitimate. Take for examples the case of Acheson Hotels, LLC v. Laufer. In this case, Acheson Hotels claims that Deborah Laufer filed a lawsuit against them not because she was harmed by their hotel, but because she is an activist using the Americans with Disability Act to harass companies who do not advertise whether or not they have handicapped accessible rooms. While the Supreme Court found that the case was moot, both the facts of the case and the courts decision points to what appears to be a case of Ms. Laufer using lawsuits for both revenge and profit.

Episode Summary This week on Live Like the World is Dying, Margaret and Leah talk about disability, preparedness, and covid. Guest Info Leah Lakshmi Piepzna-Samarasinha (They/She) is a writer and structural engineer of disability and transformative justice work. Leah can be found at brownstargirl.org, on Instagram @leahlakshmiwrites, or on Bluesky @thellpsx.bsky.social Their book The Future is Disabled: Prophecies, Love Notes, and Mourning Songs can be found: https://bookshop.org/p/books/the-future-is-disabled-prophecies-love-notes-and-mourning-songs-leah-lakshmi-piepzna-samarasinha/18247280 Their book Care Work: Dreaming Disability Justice can be found: https://bookshop.org/p/books/care-work-dreaming-disability-justice-leah-lakshmi-piepzna-samarasinha/16603798 Host Info Margaret (she/they) can be found on twitter @magpiekilljoy or instagram at @margaretkilljoy. Publisher Info This show is published by Strangers in A Tangled Wilderness. We can be found at www.tangledwilderness.org, or on Twitter @TangledWild and Instagram @Tangled_Wilderness. You can support the show on Patreon at www.patreon.com/strangersinatangledwilderness. Transcript Leah on Disability and Preparedness Resources Mentioned: StaceyTaughtUs Syllabus, by Alice Wong and Leah: https://disabilityvisibilityproject.com/2020/05/23/staceytaughtus-syllabus-work-by-stacey-milbern-park/ NoBody Is Disposable Coalition: https://nobodyisdisposable.org/ Power To Live Coalition: https://www.powertolivecoalition.org/ Disability Visibility Project article about Power to Live : https://disabilityvisibilityproject.com/2019/10/26/call-for-stories-powertolive/ Power to Live survival skillshare doc: http://tinyurl.com/dissurvival Long winter crip survival guide for pandemic year 4/forever by Leah Lakshmi Piepzna-Samarasinha and Tina “constant tt” Zavitsanos https://www.tinyurl.com/longwintersurvival Pod Mapping for Mutual Aid by Rebel Sydney Rose Fayola Black: https://docs.google.com/document/d/1-QfMn1DE6ymhKZMpXN1LQvD6Sy_HSnnCK6gTO7ZLFrE/mobilebasic?fbclid=IwAR0ehOJdo-vYmJUrXsKCpQlCODEdQelzL9AE5UDXQ1bMgnHh2oAnqFs2B3k Half Assed Disabled Prepper Tips for Preparing for a Coronavirus Quarantine. (By Leah) https://docs.google.com/document/d/1rIdpKgXeBHbmM3KpB5NfjEBue8YN1MbXhQ7zTOLmSyo/edit Sins Invalid Disability Justice is Climate Justice: https://www.sinsinvalid.org/news-1/2022/7/7/disability-justice-is-climate-justice Skin Tooth and Bone: The Basis of Movement is Our People (A disability justice primer): https://www.sinsinvalid.org/disability-justice-primer DJ Curriculum by Sins: https://www.sinsinvalid.org/curriculum Partnership for Inclusive Disaster Strategies: https://disasterstrategies.org/ Live Like the World is Dying: Leah on Disability & Preparedness **Margaret ** 00:15 Hello, and welcome to Live Like the World is Dying, your podcast for what feels like the end times. I'm your host, Margaret killjoy. And I always tell you that I'm excited about episodes, but I'm really excited about this episode. It put me in a better mood than when I started the day that I get to record this episode. Because today, we're going to be talking about disability and preparedness. We're gonna be talking about Covid abandonment. And we're gonna be talking about a lot of the questions that... a lot of the questions that people write us to talk about that they have about preparedness and I think that we can cover a lot of those. Not me, but our guest. But first before the guest, a jingle from another show on the network. Oh, the network is called Channel Zero Network. It is a network of anarchists podcasts and here's a jingle. [sings a simple melody] **Margaret ** 01:08 Okay, and we're back. So, if you could introduce yourself with your name, your pronouns, and then I guess just a little bit about how you got involved in thinking about and dealing with disability and preparedness. **Leah ** 02:00 Sure. Hi, my name is Leah Lakshmi Piepzna-Samarasinha. She and They pronouns. Right now I live in Pocomtuc and Nipmuc territories in Western Massachusetts. And that is a great question. I will also just plug myself briefly and be like I'm a disability justice and transformative justice old sea-hag, aging punk of color who has written or co-edited ten books and done a lot of shit. Okay, so when I was sitting on the toilet thinking about "What do I want to tell Margaret when we get on the show?", I was actually thinking that my disability and my preparedness routes are kind of one in the same because... So I'm 48 [years old] now and I got sick when I was 21-22. So like back in 96-97. And, it was the initial episode that I got sick with chronic fatigue, ME, and fibromyalgia. And I was just super fucking ill and on the floor and was living in Toronto as somebody who was not from Canada. And, you know, I was just sick as hell, like crawling to the bathroom, like sleeping 18 hours a day. The whole nine. And I'd been really really deeply involved in anarchist of color and prison abolitionist and antifascist organizing and lots of stuff. I had a community, but it was 1997, so most of my community was just like, "What you're sick? Why didn't you make it to the meeting? We have to write all the prisoners with the [untranslatable]." And I was just like, "I just.... Okay, great." Like it was a really different time. There was no GoFundMe, mutual aid, Meal Train, someone brought me some soup. Like, know you, we weren't really doing that. And people really did not have a consciousness around, "You can be a 22 year old brown, nonbinary femme and be really, really sick and be disabled." So something I think a lot, and I've said before, is that disabled people are really used to the concept that no one is going to save us and we are really not surprised when state systems abandoned us because we live in that all the time. And so I was just like this little 22 year old sicko weirdo who'd read my Octavia Butler--and, in fact, that was part of the reason why I was like, "Toronto, great, there's gonna be more water and less heat." Okay, wasn't totally right about that. But, you know, I mean, I really had to save myself and I kind of was like, "Alright, I don't have..." Like, I'm working off the...I'm working under the table. I have hardly any money. I'm gonna make my own herbal medicine. I'm gonna grow a lot of what I eat from my backyard. I'm going to store water. I'm going to run a credit card scam and get a lot of dried goods and live off of those for like a year. [Margaret Hell Yeahs] Yeah, stuff like that. I feel like from there, over the last, you know, 26 years like it's....like, that's the route. The route was, you know, similar to a lot of people, I think of my generation, we were like on the cusp of looking at the current crises of like hot fascist war, hot eugenics war, hot climate crisis, and being like, "It's coming," and I started being like, "Yeah, like don't...don't think that it's all going to work out okay and that somebody else is going to fix it for you." So, I would say that's where my initial route--and then do you want to jump in? Or can I jump ahead like 20 years or something? **Margaret ** 05:10 Honestly, you could jump ahead 20 years later. I'm gonna come back and make you talk more about Octavia Butler. But we'll do that later. **Leah ** 05:16 Let's talk more about Octavia Butler because I have a lot of stuff about Octavia Butler and how she thought of--and I think sometimes misused--like nowadays [this is probably not the word but it's untranslatable] and also about disability. [Margaret "Oooohs" curiously] I know. We can get to that. Okay, so that's one route. And then, you know, I mean, I was always kind of like a little weirdo, where it's like, yeah, I grow most of my own food--or as much as I can--and it's not a fun green hobby. It's like, I'm broke as fuck and I need to grow a lot vegetables that fucking, you know, I can mulch and that can stay growing into December, you know? I stashed stuff. Something I also think a lot, is that as disabled people--and we talked about this a little bit when we're emailing--I think we're always prepping whether we call it that or not. Like most disabled folks I know just do shit. Like if you get a prescription and you have extra, you store it, you know? Like, if you can get a double dose, you put that aside. And then maybe you have it for yourself. Or, there's so many disabled mutual aid networks I've been a part of where someone's--I mean, before Facebook clamped down, this is really common on a lot of Facebook disabled groups--someone would be like, "Yo, does anyone have an extra five pills of such and such?" and I've seen total strangers for 15 years of disability justice be like, "Yep, what's your address? I do. I'm gonna mail it to you. I have my old pain meds. I've got this. I've got that." But, um, yeah, like doing the jumping forward that I promised you, so for people who don't know, disability justice as a movement was founded around 2005 by a group, a small group of disabled Black, Asian, and poor and working class, white disabled folks, who were all pretty, you know, gay, trans, and radical. And they were like, "We want to bring a revolutionary intersectional out of our own lives and experiences and issues. We want to create a disability movement that's for us and by us that's not just white, single issue, often cis, often male, often straight." Like, we want to talk about the fact that 50% of bipoc folks who were killed by the cops are also disabled, deaf, neurodivergent, etc... just to give one example. So, you know, that was '05 in Oakland, you know, Patti Burn, LeRoy Moore, Stacy Milbern, Ely Claire, Sebastian Margaret, Stacey Milbern Park, you know, the six. And I was living in Toronto and I moved to Oakland in '07 and I was kind of around for some of the beginnings of it. There's two stories I want to bring in. One actually predates my move. It was right when I was getting ready to leave Toronto, I got invited to go to this reading by a bunch of queer--I think all white--disabled radical folks. And I was just like, "Oh?" And I did the whole, like, "Am I really disabled enough?" and then it was like, "Oh, it's gonna be really depressing." And then it was really awesome. And I was like, "Whoa, disability community. Life saving." But it was kind of one of my moments of being brought into the disability community because there was this writer who was there who, their reading series was actually a choose your own adventure where there's four disabled, queer, and trans folks who are having a sex party and the zombie apocalypse happens. And then they have to figure out how to survive it without abandoning each other. And it was all like, "Okay, you all get to the van, but then there's no ramp. What do you do? Oh! You get this accessible ramp, but it smells like perfume and somebody has NCS. What do you do? And I was just sitting there with my mouth open--and it was also interwoven with like, 'Yeah, and then somebody's fucking somebody else with like, you know, a dildo strapped to their prosthetic,'" and I was like, wow, I fucking love disability. Like, sign me up. But I gotta say briefly, that was one of my first examples of like, you know, there's a really important phrase in Disability Justice, which is, "No one left behind, " right? Like, that's one of the core organizing principles. And that was kind of.... Before I even heard that phrase, I was like, "Fuck like this is..."--because I'd been around antiauthoritarian, quasi prepper, like "shit's gonna happen, we have to get ready." But I was always kind of quiet in the corner closeting my disability being like, "Well, shit, like, what if I don't have my meds? Or what if I'm too.... What if I can't run away from, you know, the Nazis or the zombies because I have a limp and I walk with a cane? Like, what if?" And that was my first example of this cross disability fantasy space of like, "We're going to escape together and we're not going to let anyone get eaten and it's going to mean really being creative about access stuff." Okay so jump ahead to, right, then I moved to Oakland and then I ran into actual Disability Justice community through Sins Invalid, which is an incredibly important foundational Disability Justice group, and through a lot of friendships I started making with other QTBIPOC disabled folks and my really, really good friend Stacy Park Milbern, who, people should totally know her work. She's incredible. She was one of the best movement organizers that the movement has ever seen. And we met online. And she was living in Fort Bragg, North Carolina with her family on the base because her family's military. And she was a queer southern, working-class, Korean and white, you know, physically disabled organizer from when she was really young. And then she was like, "Okay, I love my family, but I'm literally hiding my gay books in the wall because my mom's Pentecostal." So, yeah, and she's like--I literally realized she tells the story a lot--she's like, "Yeah, like, I realized I hadn't really left the house for a couple months and like, this is gonna be it," and she's like, "I was literally watching Oprah. And Oprah said, 'No one's coming to save you.'" And she was like, okay. She's 21 years old. And then through online, disabled, queer of color community there was this--or she organized--this initiative called To the Other Side of Dreaming where she moved crosscountry with Mia Mingus, who's another queer Korean organizer who was a friend of hers, ad moved to the Bay Area. And so that was around 2010-2011. And then in 2011, what happens but the Fukushima nuclear accident, right, disaster? And we're all on the West Coast--and it's completely ridiculous bullshit, looking back on it now--but all of these Bay Area folks were like, "Oh my God! Radiation!" And some people pointed out, "Look, you know, we're not.... There's...it's a big ocean. The people who really have to worry are in Japan and areas around it, so whatever?" But it was one of those times where we were like, fuck, this is a really big nuclear accident and we are sort of close and it's making us think about disaster. And I remember just going to fucking Berkeley Bowl, which is this big, fancy, organic supermarket and people had bought out all of the burdock all the fucking seaweed. And I was like, "Oh, my God, these people." But out of that, Stacy started having conver--and I and other people who were in our organizing network of disabled, majority BIPOC--were like, "What are we going to as disabled BIPOC if there is an earthquake, fascism, like another big disaster? And Stacy said, really bluntly, she's like, "You know," and she was a power wheelchair user. She used a ventilator. You know, she's like, "Yeah, I am supported by electricity and battery dependent access equipment." And she's like, "Well, I'm going to be really honest, my plan has always been, if something happens, I'm just going to lay down in my bed and die, because I don't think that any emergency services are going to come save me and the power is going to run out in 48 hours. And then we were like, "Okay, that's super real. What if, through our amazing collective access stuff we're doing, we could figure out something else?" And we had this meeting at Arismendy bakery, which for folks who know, is like a worker owned co-op chain, Our friend Remedios worked there. It's wheelchair accessible. We met there after hours. And it was just like, 12-15 of us who started just sitting there and being like, "What are the resources we have? What are the needs we have? And we made this map, which I still have, which I think I shared with you, which is just like, "Apocalypse, South Berkeley/Oakland Map 2011," where we were like, "Okay, you know, when the power goes down, the communication goes down. We're gonna meet at this one traffic circle because people who are wheelchair users can roll up. And we're gonna bury note paper in a mason jar with pens and we're gonna leave notes for each other. But we're also going to agree to meet there the day after at noon." And I was like, okay, my collective house, the first floor is wheelchair accessible. We have solar, we have a landline. And we have a lot of space. So like, let's meet there. And then someone was like, "We've got the one accessible van. And we know, it's only supposed to fit 4 people, but we can fit like 12 in there." And we started.... Like, I just think about that a lot because it's, I think it was a really important moment where it was important...the stuff that we did like that--you know, the actual strategies and the resources we started talking about--but it was also that it was the first time in my life that I was like, "Okay, we're not--not only are we not going to just die alone in our beds, I'm also not going to be the one person who survives. Like, I can actually survive with, and because of, other people. And we're all disabled BIPOC with a couple of disabled white folks. And we can actually collectively strategize around that. And this will be my last leap forward, because I see that you're like, "I want to ask you stuff." So, you know, eight years go by, and in that time we all do an incredible amount of Disability Justice organizing and strategizing. And, you know, in 2019.... And a lot of it started to be around climate disaster on the West Coast. Like, I moved to Seattle in 2015. The wildfires started being really bad a year or two later. A lot of us were involved in mask distributions, just spreading information about smoke safety and survival. And then 2019 was the infamous year where the wildfires came back and Pacific Gas and Electric, in all of its fucking glory, which is the main--for people who don't know--it's the main utility electrical company in Northern California. They announced two days before wildfires were going to really impact the Bay, they were like, "Oh, so we've decided that our strategy is going to be that we're just going to shut down all the power in Northern California. **Margaret ** 14:52 No one uses that. [Sardonically] **Leah ** 14:53 No one uses that. And they're like, "Oh, if you have a medical need, call this number, and we'll make sure to leave it on at your house." and Stacey was, "Okay." She had just bought her house, the Disability Justice Culture Club in East Oakland, you know, which was her house but also a community center, de facto community center, that housed a lot of disabled folks of color. And she was like, "I was on the fucking phone for eight hours. Like, I never got through." And she and some comrades started this campaign called Power to Live where they were like.... It started out as, "Okay, we can't save everybody, but we're not going to just lay down and die. What do we do?" So it started out as like, okay, let's identify who has housing that still has power. There's some people in Richmond, there's some people in this neighborhood, but then it also developed into this thing where it was just this amazing crowdsource survivalist resource where it was everything from, she's like, "Here's a number. Here's an email. If you need something, text us, call us, email us. We have a team of eight people. We'll figure it out. If you have something to offer, do it too." And then some of it was that people were sharing everything from generator information, to generator shares, to people in different areas-- like I was in Seattle and we were like, "Okay, we will mail you generators and air purifiers, because it's obviously all sold out in the Bay, but we can get it here and get it to you." The thing that always stands out to me is people being like, "Oh, yeah, here's how you can use dry ice and clay pots to keep your insulin cold if refrigeration goes down." And there's a lot more I could say about that action and how amazing it was. But for me, when I think about the through line, I'm like, that moment in 2011, when we all got together, and were like, "What do we do?" we were prepping for what we couldn't fully predict, you know, the exact manifestation of eight years later. We're there and we're like, "Okay, there's wildfires, there's smoke, there's no fucking power, and we've not only built our organizing base, we built our relationships with each other so that we can actually trust each other and more or less know how to work together when this shit actually is hitting the fan to create something that's really life giving. Okay, I'll shut up. That was a lot. **Margaret ** 16:52 Now I have so many questions about all of it. **Leah ** 16:53 Yeah, ask me all the questions. **Margaret ** 16:55 Because there's a couple...there's a couple of questions and/or feedback that we get with Live Like, the World is Dying a lot. And some of them are very specifically disability related, and you covered most of them, but I want to highlight some of them. Like a lot of people write and are like, "Well, I rely on the following thing that is provided by civilization. So my plan is to lay down and die." Right? This is a--and I know you've kind of answered it--but I.... I want to ask more. Okay, I'll go through all the things. Okay. So to talk more about what "No One Left Behind," means? And then the other thing that really stands out to me is that, you know, when we were talking, when we were talking about what we were going to talk about on this on this episode, I was saying, okay, we can talk about, you know, making sure that preparedness is inclusive and open and includes disabled folks, or whatever, and you pointed out, really usefully, the, the necessity to reframe it. And I think that the story you just gave is a really beautiful example of this, where it's less about, like, "Hey, make sure to pay attention to the people who need canes," you know, or whatever, right? Like, you know, "make sure you keep track of folks based on disability." And more than like the thing you just described, is the thing that we're always trying to push, which is that you need to make a list of all the resources and needs within your community and then figure out how to meet those needs and instead of assuming that we can't meet those needs, figuring out how to actually do it. And so I love that it's actually like.... It's actually disability justice movements that we should be learning from, I mean, or participating in, depending on our level of ability, or whatever, but I just find that I find both of those things really interesting. And so I wonder if you have more that you want to say about alternatives to laying down and dying, and specifically, to tie into the other thing that I get asked the most or that I get the common feedback is--because we talk a lot about the importance of community for preparedness on this show--a lot of people don't feel like they have community and a lot of people write to be like, "I don't have any friends," or "I don't know any other people like me," or, you know. And so, I guess that's my main question is how do.... [Trails off] Yeah, how do? **Leah ** 19:22 So how do you make community when you don't have community? Alternatives to lying down and dying? And was there a third one in there? **Margaret ** 19:28 I was just highlighting how cool it is that y'all sat there and made a list of resources and needs, which is exactly what.... Instead of deciding things are impossible, just being like, "Well, let's just start doing them." You know? **Leah ** 19:40 And I think.... Okay, so I'll start there. Like I think that like.... You know, Corbit O'Toole, who's like a, you know, Disability Rights Movement veteran and like older Irish, disabled dyke, you know, in Crip Camp, the movie, she's like, "Disabled people live all the time with the knowledge that the society wants thinks we're better off dead," right? Like one...back in the day, you know, there's a--I think they're still active--one of the big Disability Rights direct action organizations was called Not Dead Yet, right? [Margaret Hell Yeahs] I think this is the thing is like I think that sometimes abled people or neurotypical people are not used to sitting down and making the list. And I think that even if disabled people aren't preppers, we're used to being like, "Okay, what do I need? Fuck, I need somebody to help me do my dishes. Oh, I can't bend over. I need to figure out what is the access tool that will allow me to pick up something from the floor when my that goes out? Like, if my attendant doesn't show up, can I have a..." You know, like, my friends always like, "Yeah, I've got a yogurt container by the bed in case my attendant doesn't show up so I can not piss the bed. I can lean over and piss in the yogurt container." Like there's a--and I think that.... God, I mean, there's been so many times over the years where I've done or been a part of doing like Disability Justice 101 and me and Stacy would always talk about crip wisdom and crip innovation and people will just look blank like "What are you talking about? You guys are just a bunch of sad orphans at the telethon." It's not just about making the list, it's also about how disabled disability forces you to be innovative. Like, Stacy would always share this story where she's like, "Yeah," like, she's like "Crip innovation is everything from," she's like, "I save a lot of time sometimes by pretending I can't talk when people come over and want to pray over me. You know, I just act like a mute and they fucking leave and they go on with their life," and she's like, "You know, I realized one day, if I took my sneakers off, I could ramp a step if it's just two steps. I could just put them there and I could roll up." Or I mean, there's a million examples.... Or like, because I think it's about prepping and about making the lists and it's also about whatever you prep for, there's always going to be the X Factor of "Oh, we didn't fucking expect that." And I think that's where a lot of prep falls apart is people have their "Dream Bunker." They're like, "Oh, okay, I know exactly what the threats are going to be." And then of course, it doesn't fucking happen that way. I really hope I can swear on your show. **Margaret ** 21:46 You can. Don't worry. **Leah ** 21:47 Great. So, I mean, one example I could give is I'm remembering at, you know, a Sins show when we were in rehearsal, where everyone drove over from Oakland in Patty's wheelchair accessible van, and then the ramp broken wouldn't unfold. So we just were like, alright, who do we know who has welding equipment? Who do we know has lumber? Like, I think we ended up going to a bike repair shop and then they had tools. And then we're like, okay, we'll just bring the rehearsal into the van and do it that way. Like, you have to be innovative. And that's a muscle that I think society doesn't teach you to flex and that often, I think that even people who.... I think there can be a lot of eugenics in prep, you know, whether people are overtly fascist or not, there's a real belief of like, "Oh, only the strong and smart," --which looks a certain way-- "survive," and that "We should use rational thinking to make it all work out." And I think a lot of crip intelligence or wisdom is actually knowing that shit can go sideways 48 different ways and you have to adapt. And you have to just kind of be like, "Well, let's try this." So I think that's one thing. And I think, you know, one thing I'll say is, yeah, just speaking to kind of the reframing we were talking about, I think it's less like, "Oh, remember the people with canes," but, I mean, that's good, but also knowing that we're already doing it and that abled people actually have a shit ton to learn from us. But also, I mean, something.... I mean, the title of my last book is "The Future is Disabled," and it comes from something--it's not unique thinking to me--it's something that a lot of disabled people have been thinking and saying throughout the pandemic is that we were already at like a 30% disabled world minimum and we're pretty close--we're probably at majority disabled right now. Because what, 2% of the world didn't get Covid? Like, how many people have Long Covid? How many people have complex PTSD? We're all sick, crazy, and, you know, needing access equipment. Disability is not out there. It's in here. Like there's no such thing as doing prep that's like, "Oh, only the three Uber Mensch are gonna survive." Like fuck that. And that actually--I mean, sorry, this might be a side note, but a lot of people have probably seen The Last of Us. And I'm just gonna SPOILER ALERT it. You know that famous episode three of those two gay bear preppers in love? Yeah, I loved a lot about it. I was so pissed at the ending, which I'm just going to spoil. So you know, the more artsy, non-prep guy....[interrupted] **Margaret ** 21:47 Yeah, they don't survive. **Leah ** 22:47 Well, no, but like, not only did they not survive but one of them gets chronically ill. And I was just like, grinding my teeth because it's like, "Oh, he's in a wheelchair. Oh, his hand tremors." And then they end up deciding to both kill themselves rather than do anything else. And I was so furious at it because I was like, these are two people who are so innovative. They have figured out all kinds of problem solving. They have an entire small city for themselves. And it's all like, "Oh, no, he can't get up the stairs." And I'm like, really? There was no accessible ranch house you couldn't of fucking moved to? **Margaret ** 24:38 Or like build a bedroom on the fucking ground floor. **Leah ** 24:40 Or youcouldn't get meds? You couldn't? I mean, when his hand was shaking, it was like, "Oh, it's so sad. He's being fed." I'm like, there's tons.... First of all, it doesn't suck to be fed. A lot of things that seem like a fate worse than death are not when you're in them. And also, there's like all kinds of adaptive utensils that they could have fucking raided from medical supply if he wants to feed himself. Or I'm sorry, there's no cans of Ensure? They absolutely have power. They couldn't have made smoothies? Like, what the fuck is this? But beyond that--and I think that a lot of people who have talked about that episode did, I think, have some good analysis of it where, you know, the whole way they set up their prep was they were like, "Oh, it's just the two of us," and the one super prepper guy was like, "I don't even want friends to come over." And the other guy was like, "Hey, actually, we need to make alliances because there's things they have that we don't. And we also need more than just the two of us because I love you, but I'm gonna kill you." And I think that's something to think about is really moving away from the idea that just your little you know, the utopic queer rural community that so many fucking city queers fantasize about or, you know, lover are going to be enough, because it's not. So that actually leads me to, "I don't have community. Where the fuck do I get it?" And I'm like, yeah, that's super real. Right? And I think it's something I actually wrote about in "The Future is Disabled" is that I have people be like--when I write about different crip communities, just even when I talk about stuff on Facebook.... Like my friend, Graham Bach, it's going to be his second year death anniversary in like two weeks, and he was like, you know, white, psychiatric survivor, super poor, amazing sweetheart of a human being, he died.... I mean, he died in his, you know, rent to your income apartment because he was really afraid to go to the hospital and he had cardiac stuff going on. And he was an anarchist, he was amazing, kind, complicated human being. And, I was writing about, like.... I'm going to tell the story and there's a couple things I want to pull out of it. So I was writing about meeting Graham when I was in my early 20s through radical Mad people community, and somebody was reading it and was like "That sounds so great." And I was like, "Yeah, it wasn't utopic. Like, I had to yell back at Graham because he would scream at me and I'd be like, "Shut the fuck up!" Like, there was so many fights. There was so much racism. There were so many older white cis dudes who had electroshock who were jerky or gross, you know? And I guess that was the thing is, I was like, they're like, "Well, how did you find each other?" And I was like, it wasn't perfect. Also, it was very analog working class. Like my friend Lilith Finkler, who is an amazing Moroccan, Jewish, working-class queer femme psych survivor, she would just go to the donut shop where everybody poor hung out and would talk to everybody who wass there who wass crazy who no one wanted to talk to and be like, "Hey, do you want to come hang out at this meeting at the fucking legal clinic? We have a room. We have a snack plate. I'll give you tokens. Let's organize." So I think that's the first thing is that it's not--and I don't mean this in a finger-wagging way--it's not automatic. And also, one of the really big ways that community is often ableist, and that a lot of us get cut out from it, is that a lot of us who need it the most are not particularly easy to love in ableist neurotypical worldview. It's like we're cranky, we're wounded, we're in a bad mood, we're weird. So a lot of the time, I think it's thinking about, first of all, what's one step, one move you can take towards it. Like, can you make one fucking acquaintance and build it. And really think about what it would mean to build some kind of relationship. I think the other thing that I really want to highlight is that a lot of the communities that I see that keep each other alive, that I'm lucky to have been a part of making and being supported by in disabled community, they're not static and they're not perfect. Like, I have networks with people who piss me the fuck off and who, you know, I've sent 20 bucks to people who I'm just like, "I really don't like you, but I can see that you really don't have food," you know, and we're not going to be friends and we're not going to like each other, but I don't want you to die. And that's not...I mean, it's bigger.... There's also people who I'm like, "Okay, you're my ex-abuser. I'm not gonna give you $5. Someone else can give you $5. **Margaret ** 28:42 There's this person who puts a lot of their effort into talking shit on me on the internet and I...they're also broke and have a lot of chronic health issues and I send them money every month. And every now and then I'm like, could this like...could you stop talking shit now? **Leah ** 29:03 I think this is the thing sometimes is like, hey, how about this is the deal, like maybe just say "Thank you," or maybe just talk shit even like 20% less? Because you know, I'm really doing we keep us safe here. I just really want a "thank you." **Margaret ** 29:16 I don't want you to die. Like, I don't want you to starve to death, but I really wish you would be a little bit more open minded to people having different opinions on yours. **Leah ** 29:26 Oh yeah, nuance, right? Yeah, it'd be fucking nice. **Margaret ** 29:29 God forbid. Anyway. **Leah ** 29:31 No, it's good. I guess my TLDR would be to start where you are and start with "what's one thing you can do? What's one person you can reach out to?" And I think, you know, I don't know if this is true for everyone who reaches out to you and it's like, "Well, I don't have anybody," but I think that social media and online connectivity is a real double-edged sword because for some of us who are isolated, it can create both online communities that can sometimes become in-real-life community and, either way, can be sources of some community or support. But I think.... I mean, you know, I'm a Generation X'er and I've just seen social media get more and more chokehold and just turn into fucking the panopticon meets a mall, you know? [Margaret laughs] And I think it's hard because 12 years ago I was part of really early online disabled spaces, which were great because so many people were like, "Well, I'm so isolated in my small town or in my city," or "I can't leave bed, but this is great. I'm meeting with other people and we're building these connections and it's actually more accessible for me to be real about my stuff from like my bed with a heating pad." And now I just think it's so chokeholded that it's hard for us to find each other. So it's much more common for people to be like, "Wow, I'm seeing all these people who have millions of followers and a shiny brand and I just feel like even more of an isolated loser." And then at the same time, I think people are like, "Well, how did people meet each other before this?" And I was like, "Yeah, like, you go to the coffee shop or the donut shop. You put up a flier. You go to the library. You like, I don't know. I mean, I just remember people I met on the food stamps line, you know, when we got there at six in the morning. And not everything's gonna stick, but maybe something sticks. And I also think about like, I'm going back to 13 years ago in early Disability Justice community spaces where--I mean, I think back to [untranslatable] when I went back to Toronto--which, yeah, big city--but I remember I had so many people come to me and be like, "You're..."--because I was starting to be more out about disability, cuz I was like, "I'm in the Bay and there's these wild people who talk about it and they're not all white people." and so I have so many, especially Black and brown disabled femmes be like, "Hi, you don't really know me, but I have fibromyalgia too," or "I have Lupus too. And like, no one I know talks about that. How do you do it?" And I'm specifically thinking about this time that this person I'm no longer in touch with--but we used to be friends--who's like, you know, queer, brown nonbinary person was like, "Let's just have a meet up of other chronically ill femmes of color," which is how we were identifying a time, and it was four of us, four heating pads, a bottle of Advil, and just very tentatively starting to share things about our lives. And I was like, "Yeah, that was four people." But a lot of that hang out then rippled outward. And it was like, I think it's also important to be like, it's scary to build community. Some tools I want to shut out like, so Mia Mingus, who I mentioned before, she has a lot of really great writing on her blog Leaving Evidence and she created this tool a long time ago now--that some people might be familiar with but for folks who aren't--it's, you know, it's her tool that she calls Pod Mapping. And she actually created it as part of a collective she founded called the Bay Area Transformative Justice Collective that was working on doing transformative justice interventions into intimate violence, specifically childhood sexual abuse a lot of the time, and she had this framework that I find really helpful. She's like, "A lot of..." she was talking about in community accountability, transformative justice spaces and she made a really good point where she's like, "Sometimes we talk about like, 'Yeah, bring in the community. Like, everyone has a community.'" And she's like, "Most people don't have a fucking community, let alone one that can interview in childhood sexual abuse." So she created this tool where she's like, "Let's broaden the idea of what community is." Like, maybe it's that one cousin, that you only talk to once a year, but you could call them in a jam, or it's this hotline, or it is like, yeah, they're a weird church, but you really like their food banks. She's like, "You have to really bring in.... Like, start where you are and do the resource mapping we were talking about" I really liked that tool a lot as a place for people who are like, "What's my community?" because I think it's a big word and really being like, "What does that even mean to me?" and like, "What's one place that can start building it?" And I also want to shout out, Rebel Sydney Black, who's a friend of mine who passed this June, at the beginning of the pandemic, he created this tool called Pod Mapping for Mutual Aid that was specifically aimed at disabled folks who were trying to pod map during Covid--and we can provide the link and stuff like that--but I would say that those are two places to start and then I want to get to alternatives to lying down and dying. And then I'll stop. **Margaret ** 34:04 Okay, wait, wait, before we get to that I want to talk more about the building community thing. **Leah ** 34:08 Yeah, please. **Margaret ** 34:09 I think you brought up a lot of really interesting points. And one of the things that I really like about it, you know, talking about having like...you're broadening the idea of what counts as community, which I think is really useful. And one of the things I realized is that a lot of times when I was younger, I was like, "Y'all say 'community' and you just mean the people that you like," right? And that didn't make any sense to me. Community seems like the people where you have a shared interest, whether the shared interest is you live on the same block, or whether the shared interest is an identity, or whether the shared interest is an interest that you're trying to see change, or whatever. It doesn't mean people you like. It's a different thing. Friends are the people I like, right? Well, mostly. I'm just kidding. I love all of you. I mean, there's a lot of people I love that I don't always like. Anyway, so I don't know, and so I think that one of the things that stuck out with me about what you're gonna say and I want to highlight is the idea that--or maybe I'm misreading it--but like "pick issue to work" around seems like a good useful way. Especially if you struggle to just have friends, right? That's not like the thing that you're good at. But maybe there's a thing that you want to work on? Or having that meetup where it's like, oh, all the following people who have the following things in common, let's meet up and talk about it. Or honestly, activism is a really good way to meet people and work closely with people about things. And it doesn't necessarily have to mean these are now your friends. But they can be people where you rely on each other. And that doesn't have to be the same. I think about it a lot because I live in a fairly isolated and rural environment where there's not a lot of people around me who are culturally.... Whatever, there's not a lot of out, queer people where I live. There's not a lot of punks. And I'm like, that's okay. I talk to my actual neighbors instead. I mean, some of them, not all of them, but most of them, you know, they're who I would rely on in a crisis, because they're right there. It doesn't mean that we have the same ideas about a lot of stuff, you know? But we have similar ideas, like, "Let's not die," right? And so that's enough sometimes. Anyway, I just wanted to.... **Leah ** 36:12 No, I really appreciate it. And I mean that makes me kind of think about, when you were talking, I was like, yeah, you know, there's friends, there's communities, and then there's survival networks, which can include contacts, right? Because I just think about what would I do right now, if some should happened? And I was like, I've got long distance kin and long term friendships and relationships ofvarious kinds and I also have--because I moved to where I live, which is like semi-rural, but definitely more rural than where I've lived before--and I'm just like, yeah, I have a small number of friends. But there's like people who I know who I can...who are neighbors who like, maybe we don't know a shit ton about each other but I could be like, "Hey, this thing?" or "Hey, do you have water?" or, "Hey, let's do this." I think it's a lot about thinking about what are your goals? Is your goal intimacy? Is your goal survival? Is your goal friendship? Because you need different levels of trust and commonality depending on those things, right? I also think, and this is the thing too, I think something.... I think a lot of times because I've had people be like, "Well, I don't have community," also, I've heard that. And I think that a lot of times the context, I hear it in is people being like, "Well, I have care needs, but I don't have any community." So then there's also the really big thorny question of "need" and like being cared for is actually very complicated. It's very risky. It's very vulnerable. It's not safe a lot of the time. It may feel a lot easier to just be like, "I don't have any fucking needs." And so there's a lot, I will just say that there's a lot of unpacking that needs to do around like, "What would I need to be cared for? What are my lower risk needs that I need help with? What are my higher risk needs?" right? Like, there's people who I can.... There's some needs I have where I'm like, I don't need to trust you super, super deep politically or on an intimate level to let you do that. There are certain needs where I'm like, that's only going to be people where we've really built a lot of fucking trust because if this goes sideways you could really stuck with me. Right? And I think that when you're starting from nowhere, I think often where people get stuck is like, "Where I am feels like I have nobody and nothing. And I want to get to like the thing I've read about in your topic science fiction, where you know, it's Star Hawk and everybody loves each other. And how the fuck do I get from A to B." And I think the solution is like, yeah, you're not gonna get to fucking "Fifth Sacred Thing" right away--and that book is complicated. **Margaret ** 38:29 Yeah, It was very influential on my early.... **Leah ** 38:31 Oh yeah, when I was 18, I just wanted to fucking move there. And now I'm like, "Oh God, this is embarrassing. There's some shit in here." I'm like, "Wow, everybody's mixed race, but everyone's Black parents are dead." Wow. Cool. Nobody really thinks about race. I'm like, I'm gonna throw up. And like, you know, BDSM is just violent....Okay, sorry. We're not going to get into that. **Margaret ** 38:47 Oh my God, I don't remember that part. **Leah ** 38:49 Oh, yeah. No, where it's so violent. Like, "We're just loving." And I wrote a really no passion paper for school, because we actually had to read it in a college class I was in, and I was like, "Why are they not into leather sexuality?" And my professor was like, "Okay, 18 year old..." but yeah. **Margaret ** 39:04 I mean, legit. You 18 year old self had a legitimate critique. **Margaret ** 39:08 Yeah. **Leah ** 39:08 Yeah, no, there's a lot there. But, um, but jumping back, I guess it's just like, you know.... And I think this feels like disabled wisdom too, it's like, what can you do with the spoons or the capacity you have? Like, what's one move you can make that small? And then can you build on that? Yeah, but can I talk about alternatives to lying down and dying? **Leah ** 39:28 Yeah. Well, I think...I mean, this is the thing, is like, I'm a survivalist, but I'm not like anti-civilization in the ways that some people are. Like, I want meds, you know? And I think that's something that other crips I know talk about a lot, which is like, you know, we're really against this way that some people, including some people who would like align themselves with like Healing Justice who are like "We're like, oh, yeah, we just have to go back before colonialism and capitalism, and just everyone lived on herbs and it was great." and I was like, "Nah, bitch, I need surgery and meds." Like I want it all. Like, I love non-Western pre-colonial traditional healing. Absolutely. And I've had friends who died because they didn't get their surgeries on time. Like my friend LL died because nobody would give him a fucking kidney because they said he was too fat. And I'm just like, my good future involves.... I mean, and he's one of millions right? So like, my good future involves that we have surgical suites. And I'm just like, you know, honestly, also, a lot of times that worldview just seems so white to me, because I'm just like, listen, a lot of like, global south places figure out how to have field hospitals, right, in really dire and low-resource situations. So I'm sorry.... **Margaret ** 40:40 I mean, only Europoe's ever figured out surgery. No one else has done surgery until Europe showed up. [Said sarcastically implying the opposite] **Leah ** 40:45 Yeah, not fucking ever. [Also said sarcastically] **Margaret ** 40:46 Said the people who are like, "bite down stick and I'll saw your arm off." **Leah ** 40:49 Yeah, so I mean, I guess one thing I would just say is like, I would say that and I would say like, you know, really...I want to like lift up and encourage people to look at--and they can be hard to find--but look at cultures, look at organizing initiatives where people were like, "We can have our own ambulance, we can have our own like..." And when that's not there, to think about what it would mean to have medical care after the apocalypse, right? What would it mean to make hormones, make drugs, synthesize chemicals, and it's not impossible. I think that we're still in the in between of like, okay, we gotta figure out how to do that. But, um, you know, I'm thinking about, Ejeris Dixon, who's my friend and comrade, and, you know, we co-edited "Beyond Survival" together, which is a book we wrote that came out right at the beginning of the pandemic about stories and strategies from how people are actually trying to create safety without the cops. Ejeris always talks about how they were like, "Yeah, like, in Louisiana, you know, in the South, you know, like in the 50s, and 60s, and before I believe, there were all kinds of Black run ambulance and 911 services," because regular 911 wouldn't come to Black communities. Right? And they, I mean, something that I've heard them say a lot over the years is like, "We don't have the people's ambulance yet. But we could." And then it makes me also jump to some friends of mine who were in Seattle who were really active as street medic crew during the rebellions after George George Floyd was murdered by the police in, you know, 2020 in the summer, and specifically in, as some people remember, Seattle managed to have 16 square blocks break off from the city for a while, CHOP, Capitol Hill Organized Front. And so what people don't know is that the cops were like, "Okay, fuck you. We're not going to...If there's any 911 ambulance calls, we're not going to fucking let anyone go in there." So the street medic crew had to deal with a lot of really intense situations. And then after that, like a lot of us folks, like some folks were already nurses or EMTs and a lot of folks who were involved went to nursing school or EMT school and we're like--and I don't know where it's at now--but they were like, "We want to create,"--because right now in Seattle, there's, if somebody is having a crisis on the street, like a medical or a mental health crisis or an altered state crisis, there's no non-911 crisis response that you can call. There's either you go down the stairs to talk to somebody or there's the cops, right. And they were like, "We can get a van. We can get medical equipment from eBay." And you know, I don't know where they're at with that, but they were really organizing around like, "Yeah, we could get a defibrillator. We could get oxygen. We could get blood pressure cuffs. We could get fucking..." you know? And I think that that shit gets complicated in terms of insurance and regulation and the State and the medical industrial complex, but I want us to keep thinking about that. I also, and then I'll wrap up because we have other questions to get to, but it also makes me think about, I mean, I don't know if folks are familiar with Gretchen Felker Martin's amazing science fiction book "Manhunt," right, which is about.... **Margaret ** 43:50 I haven't read it yet. **Leah ** 43:52 It's so fucking good. Okay, so I won't give it away. But just for people who don't know, I'd say it's the one kind of gender sci-fi book where "Oh, a virus, you know, affects people with certain chromosomes or certain that dih-dah-dug that's not TERFy because it's a book that, you know, she's trans, and it's a book that centers trans women and nonbinary communities and there's like one or two trans masculine characters. But the two main trans femme, like trans women characters in the book, they're like, they have to, they're like, "Yeah, like, we're going on raids to get, you know, hormones, and, you know, different, like chemical drugs we need. And we're also figuring out how to synthesize them from herbs and different substances." And it's not easy. It's a struggle. But there are organized communities of trans women and allies that are fighting to do it. And I'm just like, yeah, and I mean, it's an amazingly well written book, and she's incredible, and I fucking loved it. And it's just beautifully written and really just--sorry, I won't gush too much but go read it, it's incredible--I just really also appreciated it because she was like, "Yeah, of course we're gonna get our hormones after the end of the world. Like of course it's possible." And I will also.... I have some criticisms of the ableism in it, but M.E. O'Brien and--fuck I'm forgetting the second author's name, but every you know, "Everything For Everyone," that book. I appreciated how in the good future society, they're like, "Our priority is making sure that insulin and chemical drugs and hormones are accessible and free to everybody." And I was like, I guess I would just push people towards there are ways of imagining the future where we can defeat capitalism but still have medical care of all kinds. We can have Reiki and acupuncture and we can also hormone surgery and transplants. And we might be doing it better because it's not controlled by fucking corporations and assholes. Sorry, that's my soapbox. Um, okay. I will say in terms of people being like, "That's really nice. But what about me?" I would be like, you know, I mean, right now in the war on trans America, there are so many people already who are like, "Yeah, I'm stockpiling meds. I like doing meds trading." I would say it goes back to what we started about, which is like, "Okay, what are your needs? What are the things that you're worried will not be there if the world ends?" Right? And we also need to recognize that the world's already ending and it's ended for some of us a bunch of times already. But I would be like, make that list and then really be like, "Alright, how do I get it?" You know, and if I can't specifically get it, are there like backups that I can get? And it may be stuff that you can research on your own. It also might be stuff where it's like, "Okay, are there trans [untranslatable], disability justice organizations, nationally, globally, locally, that you can hit up and be like, "What are folks thoughts about this? Are there ways that we can resource share?" Because I think it's about pills. I think it's also about durable medical equipment. So in terms of stuff that requires power to live, I think about generators and I think about generator shares. And I think about things like...there's a story when Hurricane Sandy hit New York 10 years ago, there were a whole bunch of us where...there's a guy Nick who's in community who, physically disabled guy, 13th floor, accessible apartment, you know, the lights went out, you know, really dependent on electricity to change out the batteries on his ventilator. There's a whole crew of disabled folks, like people walked up and down those fucking stairs every eight hours to take the spent batteries, figured out, "Hey, you know, what still has power, the fucking fire department." People were walking down recharging the batteries every eight hours. And it was allies, it was ambulatory, it was disabled people who could walk. It was fucking hard. But people were like, we're not.... Nick and his friends were like, "We're not just going to die. We're needed." So I wanna shoutout that and just for possibility modeling, I really want to, one other place I want to shout out, is an org that used to be known as Portlight but was now known as the Center for Inclusive Disaster Strategies, which is a disabled-led organization that is about like, yeah, when there's a climate or other disaster, they figure out ways of getting like accessible fucking evacuation methods to places because they know...we know, there's millions of examples of people who are just left to die in nursing homes or like, "Oops, the bus doesn't have a ramp," or, you know, I really want to name that during Katrina, some people might know about, you know, the situation with the nursing home that was there were a lot of folks who were wheelchair users or had high care needs were fucking killed by medical staff because the medical staff were like, "We're gonna actually euthanize these folks without their knowledge or consent." [Margaret exclaims] Yeah, no, there was actually a movie on HBO about it I think semi recently. Because "that's easier than figuring out how to fucking get people in the medivac ," right? Yeah, and so the Partnership for Inclusive Disaster Strategies, I'm still getting to know them, but I have friends who are involved and they're like, "Yeah, we're aware this is an issue." So yeah, let's work with the fucking Cajun fucking Navy to like make sure that you can get folks with different bodies onto evac boats. Like let's figure out what disabled survival looks like. And I will just say, and this is the last thing I swear, for me, I mean, we all know water is important. Like, I can't lift 54 pounds. Guess what? So can't--which is, you know, a seven gallon right, like a five or seven gallon whatever--I'm just like, yeah, so I can actually have smaller jugs of water that I can lift. So yeah, I have a bug out plan, but I also have a real Shelter in Place plan because I'm just like, yeah, my apartment's accessible for me. So yeah, I got a shit ton of water right here and I'll be good for a while. And I also have a plan B for.... Okay, there's...I've got my filtration equipment, so when that runs out, I'm close to some water sources where I can go and I can filter that shit. And that's me thinking about what works for my body. Think about what works for yours and then plan out from that. Okay, I'll really stop talking now. **Margaret ** 49:44 No, no, but there's so much there. Even just like to go to the weight of water, right? The thing that I ran across that I'm like--I'm reasonably able-bodied and such like that, right--but I live alone and so obviously there's this specific thing where like.... Well, one, I mean, abledness is always a temporary position.... **Leah ** 50:04 Yeah, you're going to get disabled, you're gonna get sick and disabled. **Margaret ** 50:07 Like it literally happens to--unless you, I don't know, die very quickly, very suddenly, probably violently, you're gonna go through a period of disability in your life, you know? And so my argument is that machismo is anti-prepping. And one of the ways that I would say is that like, there's now, I think.... Okay, so cement bags, they come in 50 pound bags traditionally, right? But now there's more and more, I think, there seems to be more and more 30 pound bags, right? And I used to be like, "Oh, whatever, I can lift a 50 pound bag. So I should carry the 50 pound bag." And then I'm like, well, it was not a helpful way to look at it. It is far better for me to just have 30 pound bags of cement because they're easier to carry and I'll get tired less. And I, you know, at the time that I was pouring these bags, I lived up a hill about probably the equivalent of a seven storey walk up to this cabin that I was building, right. And so I had to carry each and every one. It was way nicer that I carry 30 pound bags. And if your preparedness doesn't include the fact that your level of ability will change in different situations, then it's not very good preparedness. And and so like, I don't know, I mean, like most of my water jugs are four or five gallon jugs. I use jerry cans. I think most of them are five gallon. And I hate the six gallon ones and the seven gallon ones. They're just heavy and annoying. And it's like I can give lift them but there's no reason why I should. Unless I'm specifically working on lifting weights. And then the other thing that you talked about that I really think about a lot, you know, is this idea, of does your version of disaster mean that every doctor dies? Or like, does your version of disaster mean everyone who's ever made insulin dies? Like, it's possible. Sure, you could have 90...if almost everyone on Earth dies, then everything is a little different. But most disasters don't actually..... Most disasters destroy ways of living and large numbers of people, but not the majority of people write. Most people survive most disasters. And, people are like, "Well, our organizational systems are what produce insulin," and like, no, people produce insulin and they use organizational systems with which to do it. But different organizational systems can also produce insulin. Like different organizational systems can use the same infrastructure sometimes and make the things that we rely on. And it came up with this like whole thing where people on the internet were like, "Ah, if you're an anarchist, you hate disabled people because in anarchy, you can't have insulin," **Leah ** 50:28 That's gross. **Margaret ** 52:40 It is a complete misunderstanding of anarchism. It is not a lack of organization, it is a different type of organization. **Leah ** 52:46 Anarchy is responsibility. **Margaret ** 52:48 Yes, totally. **Leah ** 52:50 Sorry, sorry. **Margaret ** 52:52 That's why people don't like it. People are afraid of it because they actually have to.... It's the accepting no one is coming to save us except us. You know? No, I love that way of framing and it also annoys anarchists when you tell them this too. **Leah ** 53:07 Okay, well, I mean, you know, so I worked at Modern Times books, which was, you know, is no longer around, but was a long time anarchists and anti authoritarian radical bookstore in the Bay. And we had the only public toilet in all of the Mission because everybody else was like, "No, you gotta buy something." and in my interview, they're like, "How will you make the store better?" And I was like, "I will make the bathroom not smell horrible." Because, you know, it was just like a bust, everyone was pissing in there. And so I taped up a sign that said "Anarchy is responsibility. If you spray the fucking toilet with urine, please wipe it up. Together we can have a toilet." And somebody called me out and was like, "That's capitalist." And I was like, "No, just wipe your piss up or we're not gonna make the revolution. Like, come on." But yeah, they got pissed at me about that. [Both laugh] But yeah, I mean, I think that's a really good point. And it's like, you know, I mean, I think that it does point to, you know, I think a structural problem in a lot of our movements, which is like, yeah, we don't we need more people who know some basics of chemistry and can synthesize stuff. Like, that's, you know, we need more people who've gone to some kind of science or engineering school who can figure out how sewage works and how you synthesize insulin and how you synthesize hormones and like, basic surgery. And I think there's a lot of hopefulness because I--maybe it's just the folks I hang out with--but I have a fair number of friends who are like, "Yeah, I'm gonna be a nurse practitioner. I can give you an abortion. I can sew up your wound. I can help you figure out this thing." And I'd love for there to be more of us who can go to PA school or

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

- Overview of Young Adults Living with Cancer, including Delays in Diagnosis - Where to Seek Cancer Treatment: Selecting Your Oncology Health Care Team, Including Young Adult Cancer Programs - The Importance of Treatment Summaries - Follow-Up with Your Oncologist & Primary Care Doctor - Managing Post Treatment Side Effects/Late Effects - Talking with the Health Care Team about Survivorship Questions & Concerns - Financial Concerns, Including Health Insurance Coverage, School, College & Career - Knowing Your Rights: ADA (Americans with Disability Act), FMLA (Family Medical Leave Act) & Additional Legal Protections - Choosing Who & What to Tell Others: Disclosure - Working During Cancer Treatment: Suggestions from the Health Care Team - Dealing with Physical Changes Due to Cancer or Its Treatment - Coping with Concerns about Cancer Recurrence - Guidelines to Prepare for Telehealth/Telemedicine Appointments, Including Technology, Prepared List of Questions & Discussion of OpenNotes - Questions to Ask Our Panel of Experts

Join host Tom Dunlap in this insightful episode where he explores the legalities of workplace monitoring and privacy. Delving into the foundational Katz case, Tom explains the nuances of federal and state laws, including the one-party and two-party consent rules for audio recordings. He discusses the intricacies of monitoring methods such as emails, phone calls, and camera surveillance, emphasizing compliance with the Americans with Disability Act and the National Labor Relations Act. Tom offers practical advice for businesses on forming clear monitoring policies and obtaining employee consent, alongside real-world case studies like Ontario vs. Quon. This episode is a concise guide for understanding and navigating the complex world of employer-employee privacy and monitoring laws.

On this day in legal history, November 2nd 1795, President James Knox Polk was born–but he wasn't born president, he was elected later in life.James Knox Polk, the 11th President of the United States (1845-1849), was a significant figure in American history known for his expansionist policies and borderline despotic leadership during a period of territorial growth. Before becoming President, Polk served as the Speaker of the House of Representatives and Governor of Tennessee. His presidency was marked by a strong stance on manifest destiny, which posited that the United States was destined to expand across the North American continent.One of the most consequential actions during Polk's presidency was the initiation and prosecution of the Mexican-American War (1846-1848). This conflict arose from the annexation of Texas and disputes over the western boundary of the United States. Polk believed that acquiring the territories of California and New Mexico from Mexico was crucial for the nation's growth.The war began in 1846 after Mexican troops attacked American forces near the Rio Grande, a region both countries claimed. Polk swiftly sought a declaration of war from Congress, stating that Mexico had "shed American blood on American soil." The war was controversial and had both staunch supporters and vehement opponents.One notable opponent was Congressman Abraham Lincoln, who was a member of the Whig Party and represented Illinois. In 1847, Lincoln introduced a resolution in Congress known as the "Spot Resolutions," which challenged President Polk to provide the exact spot where American blood was spilled, as Polk had claimed in justifying the war. Lincoln's intent was to press Polk on the justification for the war, questioning the integrity of the claim that the conflict was initiated by Mexico on U.S. soil.The war ended in 1848 with the signing of the Treaty of Guadalupe Hidalgo, which significantly expanded U.S. territory. Under the treaty, Mexico ceded vast territories to the United States including present-day California, Nevada, Utah, Arizona, and parts of Colorado, Wyoming, New Mexico, and Oklahoma in exchange for $15 million.Polk's presidency, while relatively short, had a lasting impact on the nation's territorial boundaries and set the stage for future U.S. expansion. However, the manner in which he pursued territorial acquisition, especially the war with Mexico, left a legacy of controversy that resonated in American politics for many years, particularly as it related to the broader issue of slavery's expansion into new territories.Generally speaking folks that had serious disagreements with Abraham Lincoln have not borne up well under the weight of their positions in the fullness of history. Donald Trump Jr., in a trial concerning fraudulent financial documents at the Trump Organization, testified having minimal involvement in preparing these documents. During his 1.5-hour testimony, he mentioned providing cash-flow figures to accountants while overseeing the company with his brother Eric during their father's presidency (2017-2021). However, he denied direct involvement in preparing the statements of financial condition of properties, which prosecutors claim were fraudulently inflated to secure favorable terms from lenders and insurers. Donald Jr., along with his father and brother Eric, are co-defendants in this case.The trial, presided over by Judge Arthur Engoron, has already seen a ruling that Trump and his company fraudulently inflated asset values, with the lawsuit seeking at least $250 million in fines and bans against Trump and his sons from running businesses in New York. This case is a part of the legal hurdles faced by Trump amidst his campaign for the 2024 Presidential Election. Trump has refuted the allegations, accusing Attorney General Letitia James and Judge Engoron of political bias, despite facing a limited gag order.The trial continues with expected testimonies from Eric and Ivanka Trump, and a scheduled testimony from Donald Trump on the following Monday. This case adds to the legal pressure on Trump, who also faces four separate criminal prosecutions related to attempts to overturn his 2020 election defeat. Amidst the ongoing legal battles, Trump had a court appearance with his former attorney Michael Cohen, who testified against Trump regarding the inflation of asset values.Donald Trump Jr. says he played minor role in company finances | ReutersA federal judicial panel has decided not to revisit its prior decision of clearing two Republican-appointed judges, Chief U.S. Circuit Judge William Pryor and U.S. District Judge Corey Maze, of misconduct regarding the hiring of a law clerk, Crystal Clanton, who was reported to have engaged in racist behavior during her time at a conservative nonprofit. Despite a directive from the national judicial misconduct panel in July 2022 to conduct a new investigation, the 2nd U.S. Circuit Judicial Council upheld its January 2022 decision on the matter. The national panel had criticized the 2nd Circuit for not establishing a special committee to investigate the allegations before clearing the judges.The request for a new investigation was propelled by Democrats on the U.S. House of Representatives' Judiciary Committee, arguing for a need to assure the public of a lack of racial bias in the judges' chambers. However, the 2nd Circuit, in a two-page order, supported the arguments of Pryor and Maze that the national committee overstepped its authority as the 2nd Circuit's dismissal order was deemed final under the relevant statute. They argued that a 2008 rule enabling the national conduct committee to order the circuit council to act conflicted with the Judicial Conduct and Disability Act of 1980.The case came into the spotlight due to Clanton's alleged racist conduct while serving as the national field director of the conservative student group, Turning Point USA, which was highlighted in a 2017 New Yorker story. Following her resignation from Turning Point, Clanton was hired by Ginni Thomas, spouse of U.S. Supreme Court Justice Clarence Thomas, and later pursued a law degree at George Mason University's Antonin Scalia Law School. Upon graduation, she was set to clerk for Maze before starting a clerkship under Pryor in 2023, sparking controversy and complaints from House Democrats in 2021.US judges defeat misconduct case over hiring of clerk accused of racism | ReutersDunkin', the doughnut chain, has settled a trademark lawsuit against an e-cigarette maker, Singh Handicraft Corp, who allegedly misused Dunkin's branding for its "Vapin' Donuts" products. The settlement was reported in a filing in New York federal court, where Dunkin' and Singh Handicraft Corp informed the court of their resolution in principle, with Singh agreeing to a permanent injunction to stop the infringement. The lawsuit, filed in September, claimed that Singh's disposable vaporizers used for flavored nicotine bore a strong resemblance to Dunkin's branding. The "Vapin' Donuts" vaporizers were particularly shaped like iced coffee cups and glazed doughnuts, featuring logos with a similar color scheme and font as Dunkin'.The lawsuit also pointed out that Singh offered the vaporizers in flavors identical to Dunkin's drinks, like White Mocha and Iced Cappuccino, which Dunkin' argued could mislead consumers into associating the products with their brand. Some buyers even mentioned purchasing the vaporizers due to their affection for Dunkin'. While the details of the settlement weren't immediately available, this case highlights a scenario of alleged trademark infringement between industries.Dunkin' settles 'Vapin' Donuts' lawsuit against e-cigarette maker | ReutersThis last story includes a reference to a death in an automobile crash, if that isn't something you can hear today we get it and we'll see you back here tomorrow!Tesla secured a major legal victory in the first U.S. trial over allegations that its Autopilot feature led to a fatal crash. This marks Tesla's second significant win this year in court where juries found no defect in its software. The recent case was held in Riverside County Superior Court, concerning a 2019 crash where a Model 3, allegedly on Autopilot, veered off a highway, hit a palm tree and caught fire, resulting in the death of owner Micah Lee and serious injuries to his passengers. The plaintiffs sought $400 million plus punitive damages.Tesla refuted the liability, attributing the crash to the driver's alcohol consumption before the incident and arguing the ambiguity surrounding whether Autopilot was engaged during the crash. The jury, after four days of deliberation, reached a 9-3 verdict, ruling that there was no manufacturing defect in the vehicle. Tesla reiterated that its vehicles are well-designed and contribute to road safety, while the plaintiff's attorney acknowledged the verdict but noted that Tesla was heavily scrutinized during the trial.Legal commentators highlighted that the verdicts in this and an earlier case underscore a judicial focus on human responsibility despite the vehicle's Autopilot features. However, Tesla's Autopilot and Full Self-Driving systems continue to face regulatory, legal scrutiny, and ongoing federal investigations. Despite these challenges, this win in a high-stake trial portrays a favorable judicial stance towards Tesla, at least in terms of manufacturing quality, which may influence the outcomes of future lawsuits involving autonomous driving technology.Tesla wins first US Autopilot trial involving fatal crash | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

NCLA Will Appeal Fed. Circuit Judicial Council's Unlawful Order to Suspend Hon.Pauline Newman In a damaging blow to judicial independence, the Judicial Council of the Federal Circuit hasordered the suspension of active circuit judge, the Hon. Pauline Newman, from hearing newcases for at least a year. This suspension comes on top of the six-plus months the Council has already unlawfully suspended her from hearing cases while the investigation was still ongoing, which violates the very Judicial Conduct and Disability Act that the Judicial Council claims to have a solemn obligation to follow. NCLA, which is honored to represent Judge Newman, is challenging her unlawful pre-investigatory suspension in the U.S. District Court for the District of Columbia. NCLA will also petition the Committee on Judicial Conduct and Disability to review the flawed Judicial Council order. Mark and Vec discuss the outrageous decision to suspend the Hon. Pauline Newman.See omnystudio.com/listener for privacy information.

On this day in legal history, September 21, 1981, the United States Senate approved the nomination by President Reagan of Sandra Day O'Connor to the United States Supreme Court–making her the first female Supreme Court justice. O'Connor, who often leaned conservative, used her political experience from her time in the Arizona state Senate to shape her judicial views. She was known for filing concurring opinions that aimed to limit the scope of majority rulings. She faced opposition from the time of her nomination from anti-abortion and religious groups. During her tenure, O'Connor was known for her pragmatic approach and often served as the swing vote in contentious cases. Initially aligning closely with conservative Chief Justice William Rehnquist, her voting record later became more moderate as the Court's composition shifted. She played a pivotal role in key decisions, including those related to abortion rights, affirmative action, and campaign finance.She was involved in landmark cases such as Grutter v. Bollinger, which upheld the constitutionality of race-based admissions to universities, and Planned Parenthood v. Casey, which preserved the core constitutional precept of Roe v. Wade. O'Connor retired in 2006 but left a lasting impact on American jurisprudence, particularly in her nuanced approach to complex legal issues.O'Connor also had a brief stint in acting, appearing as Queen Isabel in a 1996 Shakespeare Theatre production of Henry V. In a landmark decision, she cast the deciding vote in the 2000 Bush v. Gore case, which ended the Florida vote recount and paved the way for George W. Bush's presidency. She later expressed reservations about the court's involvement in the case.In another historic moment, O'Connor became the first woman to preside over an oral argument in the Supreme Court during the case of Kelo v. City of New London on February 22, 2005. Later that year, at the age of 75, she announced her plans to retire from the bench. Following her retirement, she took on the ceremonial role of the 23rd chancellor of William and Mary College in Williamsburg, Virginia, a position first held by George Washington. Her groundbreaking career remains a significant chapter in the history of the U.S. Supreme Court.The Federal Circuit's active judges have suspended 96-year-old Judge Pauline Newman for one year for failing to undergo medical testing as part of a disability and misconduct investigation. Initiated by Chief Judge Kimberly A. Moore, the probe began after Newman allegedly had a cardiac incident and raised questions about her productivity. The investigation is notable for its public nature, a rarity in judicial disability investigations. Legal scholars suggest that such probes may become more frequent as the average age of federal judges has risen to 69.Newman has contested the investigation, framing it as bullying and arguing that it was motivated by her frequent dissents in favor of stronger patent rights. The council stated that Newman's non-compliance with medical tests hampers their ability to assess her fitness for duty. A special committee had recommended the suspension, citing Newman's consistent refusal to cooperate.Newman's lawyer, Greg Dolin, criticized the investigation's procedures and called the renewable suspension "unlawful" under the Judicial Conduct and Disability Act. Newman plans to appeal the council's order and has also filed a lawsuit seeking reinstatement. She submitted two medical reports affirming her mental fitness, which the council dismissed as inadequate.The case has drawn public attention, contrasting sharply with Newman's recent accolades at a legal conference. Affidavits from court staff depict her as struggling with memory loss and paranoia, adding another layer of complexity to this unprecedented judicial probe.Embattled 96-Year-Old Judge Suspended in Disability Probe (2)A high-stakes antitrust lawsuit has been filed against the Ultimate Fighting Championship (UFC) by around 1,200 former fighters, including Nate "Rock" Quarry. The suit alleges that UFC confines athletes to perpetual contracts and pays them far less than they would earn in a competitive market. The case has been fast-tracked for trial next spring and is closely watched as it could set a precedent for athletes in various sports to fight for better pay using antitrust law.The UFC, owned by Endeavor Group Holdings, generated a record revenue of $1.14 billion last year and reaches over 900 million households globally. Fighters are required to sign exclusive deals, often including four fights per year. However, the UFC allegedly withholds the last fight in a contract until the fighter agrees to renew, effectively trapping them in a cycle of successive contracts.The fighters argue that the UFC is a "monopsony," a sole buyer in a market, and accuse it of abusing this power. Monopsony cases are rare but have gained attention under the Biden administration. While there are other combat sports promotions, the plaintiffs argue that UFC controls the majority of fighters in nearly all weight classes and has also bought or shut down its rivals.The class action status of the lawsuit increases the risk for UFC, as it could be compelled to pay up to $4.8 billion in treble damages. The case could also encourage athletes in other industries to file similar suits. UFC has petitioned to appeal the class certification, arguing that the court erroneously certified the class.The case also highlights the financial struggles of fighters, who are independent contractors paid per bout. While top fighters can earn millions, most fighters have to fund their own training and equipment, leaving them with little net income. The case aims not just for compensation but also to bring about a change in the sport, offering fighters better terms and ending the cycle of perpetual contracts.UFC Fighters Test Antitrust Law to Escape ‘Perpetual' ContractsThe U.S. federal judiciary has enough funds to operate for at least two weeks if the government shuts down due to a lapse in funding. The Administrative Office of the U.S. Courts stated that court fees and other available funds could be used to continue hearing cases. Some case deadlines may be rescheduled if federal agency attorneys are not working during the shutdown. If the funds do run out, the judiciary would operate on a limited basis, retaining only the staff necessary for mission-critical work.Current government funding is set to expire at the end of the fiscal year on September 30, putting pressure on lawmakers to reach a deal on a short-term funding bill. Infighting among House Republicans and disagreements between the Republican-controlled House and Democratic-controlled Senate have jeopardized the passage of appropriations bills for fiscal year 2024. House Republicans have proposed allocating $8.7 billion to the federal judiciary for the next fiscal year, while Senate Democrats have proposed $8.56 billion. Both fall short of the judiciary's request for $9.1 billion.Judge Lavenski Smith of the U.S. Court of Appeals for the Eighth Circuit expressed that a potential government shutdown is a "consistent matter of concern" and that plans are being considered to keep the judiciary operational. The judiciary, which employs nearly 30,000 people, almost ran out of money during the last government shutdown in 2018. The Case Management/Electronic Case Files (CM/ECF) system, used for electronic filing of documents, remained operational during the previous shutdown. The U.S. Supreme Court, which opens its new term on October 2, has used non-appropriated funds in the past to continue short-term operations.Judiciary Has Funds for Two Weeks if Government Shuts Down (1)A legal team that successfully sued Tesla's board of directors for allegedly overpaying themselves is now seeking $229 million in legal fees, amounting to $10,690 an hour. The request was made in a filing in Delaware's Court of Chancery on September 8. If approved, this would be one of the largest fee awards ever resulting from a shareholder lawsuit against a board. The case took several years to build and focused on the compensation paid to Tesla's directors from 2017 to 2020.The 12 director defendants, including James Murdoch and Larry Ellison, had agreed to return $735 million in compensation and forego another potential $184 million. They also agreed to overhaul the board's compensation determination process. The settlement money will be paid to Tesla and indirectly benefit shareholders, making this a derivative lawsuit.The law firms involved in the case estimate the total settlement value at $919 million and are seeking 25% of that sum as their fee. They are also requesting about $1 million in expenses. Partners and staff from the law firms involved have billed thousands of hours on the case.Courts typically review fee requests by balancing the need to reward risk and effort against the risk of a disproportionate windfall that could undermine public confidence in the legal system. David Paige, founder of Legal Fee Advisors, described the fee request as "extraordinary" compared to typical hourly rates for corporate attorneys, which can go up to $2,000.Tesla's directors have not yet objected to the fee request but are expected to do so, according to court filings. A hearing to approve the settlement and the legal fees is scheduled for October 13, and Tesla shareholders have until Friday to file any objections.In 2012, Delaware courts approved an hourly rate that worked out to $35,000 in a Southern Copper shareholder lawsuit, setting a precedent that the outcome achieved should be the focus, not the hourly rate.Lawyers who sued Tesla board for excess pay want $10,000 an hour | ReutersA recent Reuters/Ipsos poll reveals that a majority of Americans, including both Democrats and Republicans, support the ongoing strikes in the auto industry and Hollywood. The poll found that 58% of Americans back the United Auto Workers union's strike against Ford, General Motors, and Stellantis for better pay and benefits. In the entertainment industry, 60% support the strikes by screenwriters and actors for better pay and protections. Among Democrats, the support is especially strong, with 72% backing the auto workers strike and 79% supporting the Hollywood strike. Interestingly, a significant number of Republicans also expressed support for the strikes, despite the party's traditional pro-business stance. The poll reflects a broader trend of increased union activism in the U.S., with 2023 on track to become the busiest year for strikes since 2019.Americans broadly support auto, Hollywood strikes -Reuters/Ipsos pollA U.S. authors' trade group, including renowned writers like John Grisham and George R.R. Martin, has filed a class-action lawsuit against OpenAI. The lawsuit accuses OpenAI of unlawfully training its AI chatbot, ChatGPT, on copyrighted works from these authors. The Authors Guild, which filed the suit, is also concerned that the training data may have been sourced from illegal online book repositories. OpenAI has defended its actions by claiming that the use of internet-scraped training data falls under "fair use" according to U.S. copyright law. The lawsuit is part of a broader legal landscape where AI companies are facing challenges over the data used to train their systems.John Grisham, other top US authors sue OpenAI over copyrights | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Continuing our conversation with warrior, Tracy Marie. Tracy was born with a very rare, progressive life-long disease called Morquio Type A Syndrome. The syndrome causes cellular damage due to a missing enzyme. Even with all her health challenges and being misdiagnosed until 2017, Tracy forges ahead as a singer, songwriter, producer, and sound engineer who has recorded and produced numerous albums and travelled around the country performing with jazz legends like Stanley Jordan or the legendary drummer, Buddy Miles. Tracy knows firsthand the downfalls in implementing the criteria in the Americans with Disability Act and has taken tremendous strides to fight for herself and others with disabilities and rare conditions by advocating for ADA coordinators and by volunteering at her local government as co-chair of the ADA Transition Plan Task Force and at her local hospital as co-chair of the MetroHealth Patient Family Advisory Committee. As of 2021, Tracy has also been working with RAMPD, Recording Artists and Music Professionals with Disabilities, to make the music industry more accessible and to continue her advocacy work on a national level. In Part Two, tune in as Tracy dives into the challenges in getting her city ADA compliant and more about her important advocacy work. Tracy hopes to raise awareness on existing ADA compliancy issues and helps to share the steps we can all take to address them. To learn more about Tracy Marie, go to her website at https://tracymarie.com and go to https://archive.ada.gov/pcatoolkit/chap2toolkit.htm to find the ADA Best Practices Tool Kit for State and Local Governments. This step-by-step kit can help you begin the process of advocating for ADA compliancy in your area.   

Meet warrior, Tracy Marie. Tracy was born with a very rare, progressive life-long disease called Morquio Type A Syndrome. The syndrome causes cellular damage due to a missing enzyme. Even with all her health challenges and being misdiagnosed until 2017, Tracy forges ahead as a singer, songwriter, producer, and sound engineer who has recorded and produced numerous albums and travelled around the country performing with jazz legends like Stanley Jordan or the legendary drummer, Buddy Miles. Tracy knows firsthand the downfalls in implementing the criteria in the Americans with Disability Act and has taken tremendous strides to fight for herself and others with disabilities and rare conditions by advocating for ADA coordinators and by volunteering at her local government as co-chair of the ADA Transition Plan Task Force and at her local hospital as co-chair of the MetroHealth Patient Family Advisory Committee. As of 2021, Tracy has also been working with RAMPD, Recording Artists and Music Professionals with Disabilities, to make the music industry more accessible and to continue her advocacy work on a national level. In Part One, listen as Tracy shares her story and her opinion on the current ADA compliance issues.  To learn more about Tracy Marie, go to her website at https://tracymarie.com and go to https://archive.ada.gov/pcatoolkit/chap2toolkit.htm to find the ADA Best Practices Tool Kit for State and Local Governments. This step-by-step kit can help you begin the process of advocating for ADA compliancy in your area.   

The Judge Pauline Newman saga reached a tentative end—or a respite—when the Federal Circuit imposed a year-long probation on the 96-year-old federal appellate judge. Aliza Shatzman of the Legal Accountability Project discusses the allegations of cognitive decline and workplace misconduct against her, and how the investigation and report may be a model for more transparency into judicial officers.Aliza notes:There is a kind of “omerta” code among clerks against sharing negative experiences.But Aliza is seeing the beginning of a cultural change in the legal community toward more transparency.Coming Spring 2024, the Legal Accountability Project will offer a database to aspiring clerks with at least 1,000 entries about former judicial clerk experiences.To the calls for more transparency, Aliza is not seeing any opposition from judges.…but there is some resistance from some law schools.Judge Newman has a storied career: pilot, racecar driver, bartender on the Seine River, inventor, maverick IP attorney, and finally, brilliant—and often contrarian—federal appellate judge. How does one assess a complaint that Judge Newman, an extraordinary individual, is acting out of the ordinary? Ultimately, the court based its sanctions ruling not on Judge Newman's cognition but on her refusal to comply with the investigation.This investigation vindicates the rule of transparency in the Judicial Conduct & Disability Act and may serve as a model for future investigations.Why the Judge Newman saga does not portend an opening of a “floodgates” of complaints against judges.Aliza Shatzman's biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Our June 2022 interview with Aliza.The Legal Accountability Project's website.Aliza Shatzman's published articles on the subject of Judge Newman in Slate and Above the Law.Aliza Shatman's article with the UCLA Journal of Gender & Law, entitled "Untouchable Judges? What I've learned about harassment in the judiciary, and what we can do to stop it."Our episode 90 on the California Bias Prevention Committee.Videos from this episode will be posted at Tim Kowal's YouTube channel.

Introducing thoughtbot's ongoing maintenance service. Need reliable support and maintenance for your software? Look no further. Our expert team handles upgrades, bug fixes, UI adjustments, and new feature development. And the best part? Our maintenance packages start at just 5k per month for companies of all sizes. From Ruby on Rails to Node, React, and, yes, even PHP, we've got you covered. Trust thoughtbot for top-notch support and optimized performance. To receive a custom quote, contact sales@thoughtbot.com. Marc Mar-Yohana is the CEO and Founder of OtisHealth, a personal health application and platform for patient-caregiver engagement, population health, and clinical research. The conversation revolves around the origin and working principles of OtisHealth, a healthcare app designed to consolidate health information. Marc was motivated to start the app following the tragic death of his eight-year-old daughter, Constance, from an undiagnosed brain tumor. Despite being under the care of multiple health providers, the fragmentation of her medical data meant they missed the signs of her condition. Marc has dedicated his life to developing better tools for families and caregivers to manage their loved one's health. He aimed to create a unified system where all health data could be gathered, enabling caregivers, patients, and medical providers to see the whole picture. OtisHealth allows patients to integrate data from different sources, including wearable devices, and capture information outside clinical settings. The initial outreach strategy of OtisHealth through consumer channels was slow to get traction. The company switched to recruiting through organizations with health interests, such as health insurers or "payers," leading to a significant increase in users. Although not everyone uses the app daily, it is a crucial health management tool for those with chronic illnesses or emergencies. The trustworthiness of OtisHealth is demonstrated through accreditation from the Electronic Healthcare Network Accreditation Commission, indicating that their practices meet or exceed federal regulatory requirements and industry guidelines. This, along with community outreach and educational content, helped build trust with users. Marc's diverse corporate background gave him the skill set to lead OtisHealth, emphasizing the importance of team development and collaboration with other organizations, even competitors, to move the mission forward. __ OtisHealth (https://otishealth.net/) Follow OtisHealth on Facebook (https://www.facebook.com/OtisHealth), LinkedIn (https://www.linkedin.com/company/otishealth/), Instagram (https://www.instagram.com/bloxisawesome/), or YouTube (https://www.youtube.com/channel/UC5yGWpOTCOJnbxjD1LnkMXg) Follow Marc Mar-Yohana on LinkedIn (https://www.linkedin.com/in/marc-mar-yohana/). Follow thoughtbot on Twitter (https://twitter.com/thoughtbot) or LinkedIn (https://www.linkedin.com/company/150727/). Become a Sponsor (https://thoughtbot.com/sponsorship) of Giant Robots! Transcript: VICTORIA: This is the Giant Robots Smashing Into Other Giant Robots Podcast, where we explore the design, development, and business of great products. I'm your host, Victoria Guido. And with me today is Marc Mar-Yohana, CEO and Founder of OtisHealth, a personal health application and a platform for patient-caregiver engagement, population health, and clinical research. Marc, thank you for joining me. MARC: Victoria, I'm honored to be here. Thank you so much for inviting me to join you on this podcast. VICTORIA: You're welcome. I'm excited to have you. So, why don't you just tell me a little bit about what's going on in your world right now? MARC: Well, OtisHealth is keeping me pretty busy. So, I live in Northern California. My team is mostly in California, a little bit in Illinois. And we're busy every day, both supporting our members and working with clients. And so, it's exciting times, especially on our advocacy front. We work with organizations across the country to advocate for patient access to their health records and also for individuals themselves to improve their access to quality healthcare wherever they reside in the United States. The advocacy, the work with our clients, and the work with our members keeps us super busy. Although I do still try to make time to hike in the beautiful scenery out here. I'm new to California. I'm originally from Illinois, so it's great to just be able to get out every once in a while for a hike in the area. VICTORIA: That's wonderful. Have you made it to any redwood forest out there? MARC: Yeah, Muir Woods, which is just north of us, north of the San Francisco Bay Area. Most of the time, we like to walk the coastline. So just north of Santa Cruz is a great state park known as Wilder State Ranch. And they have amazing views of the coastline, wonderful views of birds, as well as occasionally spotting whales, and dolphins, and sea otters along the coast. VICTORIA: That's so cool. I had a friend, actually, who just went up there and went kayaking with the otters, and I'm very jealous. [laughter] It sounds beautiful. MARC: Yeah, that can be fun. Otters are really cute creatures. And they can be aggressive too. There's a concern right now. There's one female otter that likes to grab people's surfboards. And I saw a video of a sea lion jumping on top of a sea kayak to steal a fish from a fisherman. VICTORIA: I think if a sea otter or a sea lion wanted my vessel, a kayak or surfboard, I mean, you can have it. [laughter] You worked this hard. [laughs] MARC: Yeah, they're pretty aggressive. They're more comfortable in the water than we are, so they [laughs] pretty much are in charge in the environment. VICTORIA: That's right. We're in their house, right? So, I'm, like, okay, [laughs] you can have it. That's great. Oh, wonderful. I'm glad you still have time to get outside and enjoy hiking with your family, even though you're a very busy founder [chuckles] and very active advocate for your community. So, why don't you tell me how everything with OtisHealth got started? MARC: So, it started with a tragedy, a horrible tragedy in my life. My daughter, Constance, who was eight years old at the time and had been previously diagnosed with autism, apraxia of speech, and epilepsy, died from an undiagnosed brain tumor. She had great healthcare. She had a neurologist, a pediatrician. She had therapists that saw her five days a week and, of course, her parents watching over her. Yet, we all missed the symptoms, the major illness that claimed her life. And so, because all of her healthcare providers were on different systems, and as parents, we didn't have a system, there wasn't a place to put our observations together. And everyone attributed their observations of her changing condition to other medical concerns. And so, after she passed, I started to spend a couple of years trying to understand what happened. And I realized a big part of it was the information was in front of us. It was just in different people's hands. And when we put it together, we could have seen the whole picture that would have shown that she had a more serious illness. And so I chose a new mission in my life: to abandon my corporate career and move into this role of developing a better set of tools for families and caregivers to manage their loved one's health. And so, our mission today is to work with families, caregivers, and people with chronic illness to give them better tools to manage their everyday health and the health of their loved ones, and thereby also improving lives in the community. VICTORIA: Well, I love that out of the tragedy, you were able to find direction and purpose to solve this major problem, which I can relate to having moved across the country. Your medical records don't come with you. You have to basically kind of start all over, or they have to go get them from your past patients. It's not unified as a system, as you might think that is. [laughs] MARC: That's absolutely right. Our data is spread out across different clinical sources. Just in the time I moved out here to California from Chicago, I saw five different providers just because I wanted to get some tests done. So, I had to go to a few different locations to do a normal battery of tests. And so, I had at least five different health records created just when I moved out here. And they're all in different systems, and they're not even on the same type of application. So, to bring them together, I had to basically download them and put them in files on my desktop computer. With OtisHealth, I'm able to retrieve that data and put it onto one continuous record and watch it. But that's still just our clinical data, meaning data collected in clinical settings. We have more data to share of things that you and I observe as regular people or our families observe. And so, the part that's missing in the record is all the observations in the time that we're not in the physician, in a physician's office, or in the presence of a clinician. We can; with our tools today, such as wearable watches, or blood pressure cuffs that are Bluetooth-connected, we can get a lot more data and share that back into our records so that we have a true baseline, not the once-a-year that I go to see a physician, and they say my blood pressure is high. And the next time I go, it's low. It's because we only have two data points over two years. Where today, with our technology and our capabilities, we can have a baseline of true data continuously throughout the year that will give the physician or care team more insights into how we're doing in terms of our health. VICTORIA: That's so interesting. And it makes a lot of sense to me why someone would want to use this or why doctors would want to use this. And I'm curious, once you had this idea, how did you get that initial traction to get started with OtisHealth? MARC: Initially, it was a little difficult. And this is kind of part of our lessons learned when we started the company. We started advertising on Facebook. This is after we launched the product. So, we launched in 2021. We had the idea that we were going to make this available to a lot of people. We knew a lot of folks that needed it. It was okay to get the first 100 or so people because there were folks that we knew needed the application or folks that were curious about it and wanted to try it. And we started advertising through consumer channels such as Facebook, and LinkedIn, and other magazines to people that we knew had the need for the app. Yet, it was a very slow uptake. And the part of what we learned and we started applying to our marketing or our membership development or recruitment thesis is that the health records are kind of like an umbrella. We don't think about the umbrella or going out to get an umbrella until it's raining, and for most people, it doesn't rain very often. And so, it's not something that people would use every day. In most cases, they use it only when they have an emergency or when they're managing their chronic illness or the chronic illness of a loved one. And so, we eventually changed the way we were recruiting and started recruiting through other organizations, such as clients where we're able to get thousands of users through the client that has members. And then, slowly, over time, teach them the importance of managing their everyday health, and taking their own vitals, and recording that, and they record for themselves and their family. VICTORIA: Right. So, you were able to offer the app for free for daily users because you found another group that was interested in having access to the data and having this app, right? MARC: Yeah. So, anybody today can go to the Apple Store or the Google Play Store and they could download the app for free. And they can use the web version also. And they could share it with friends and family, which I always encourage people to do. So, if you have an emergency contact, invite them to your medical records; at least they have your basic medications, and allergies, and other key information in case of an emergency. What we did in terms of our change of strategy early on is we started going to organizations that also had an interest in improving the health of their population and, in particular, health insurers or what we call in the industry payers. And so, payer organizations could be Medicaid, Medicare, or it could be employee health plan, one of the big health insurance companies like Blue Cross or UnitedHealthcare. They have an interest in people managing their everyday health. And so, one of our clients right now, everyone that enrolls in one of their plans automatically gets enrolled in a version of OtisHealth specifically for their members. And those members could still invite people to join them on the platform, and those people can get on with OtisHealth. But the nice thing is now this payer has a way to both encourage healthier activity or healthier practices for their population and monitor if there's a problem. So, if somebody is missing medications, or not taking their medications on time, or has vitals that are tracking poorly, this gives the payer an opportunity to reach out and ask them if they need help managing their health. VICTORIA: So, how does that dynamic affect how you measure successful engagement on the platform, like, a successful rate of engagement? MARC: So, for us, most people don't use the app every day. Most of us don't even think about our health [laughs] on a daily basis from a standpoint of our medical health or clinical health. Sometimes those of us that exercise regularly think about it in those terms or eating healthy. But we don't think about keeping a record or using an app to maintain our health. And so, for us, an active user is anybody that's logging in at least once a month to update their information. Our really great users are the ones who are using the reminder features to take supplements or take their medications. And so, I would say of the few thousand users that we have—we're approaching 10,000 right now active users—only a small percentage of those, maybe 10%, are actually using it on a daily basis for themselves or their family. And so, for us, a good engagement and good practice is folks setting reminders on at least a weekly basis to take vitals, weigh themselves—something that would help them track their health over time—and if they're taking medications, to set daily reminders for the medications that they take. And so, we currently have far more people enrolled in OtisHealth and that, you know, 5,000, 6000 I mentioned that are active. But they basically bought the umbrella, and they just put it in their closet. They're waiting for that rainy day that they have to pull it out and start using it. VICTORIA: That makes sense. And I'm already in my head going through the people in my family who would benefit from this where, you know, I have family members who have a learning and a physical disability, and tracking everything that they're supposed to be doing to maintain their health is quite difficult. So, I can definitely see the value in that and why people would want to use it. And I think for, you know, healthcare apps, you have to build this high level of trust. You know, people are giving you all this data about their health information. So, how do you go about building a product that people can trust from the beginning? MARC: One of the things we sort early in the life of OtisHealth is an accreditation. An accreditation is not required by law. It's not required by any institution necessarily. It's a third party that reviews our practices and our systems to see if we're actually following good privacy and security standards and practices. And so we went live in November of 2021, and by the end of December of 2021, we already had our full accreditation in what's called a comprehensive level from a national established organization known as The Electronic Healthcare Network Accreditation Commission. And so, that was the first step of making sure that folks understood that we took their privacy and security seriously. That accreditation means that our practices and our technology meets or exceeds federal regulatory requirements and industry guidelines. And that's just the first step. Then after that, it's really a matter of people gain their trust because an accreditation itself doesn't necessarily mean that we trust that brand. That's just a basic starting point for us. After that, we publish articles about maintaining health. We have launched some videos about different aspects of our advocacy, such as with autism for caregivers. And we participate in community activities at the national level to improve patient access and to talk about how important it is to manage our own health and the health of our loved ones. And so, it's a combination of both basic accreditations that show that we made the investment, and we provided a third party to critique us and to review us. And we actively maintain that accreditation is not a one-time stamp. And then, the second part is continuous outreach, and letting the community know what we're working on, what's important to us, so that, over time, they start to look at what we do and start to trust it and invite other people to trust it as well. VICTORIA: That makes a lot of sense. And I'm curious if there were experiences from your corporate career that informed how you acted as a founder and what you prioritized. MARC: I've had an odd corporate career. [laughs] So, I started my career as an engineer in manufacturing operations and in product development and then went down to as a consultant strategy in ops and market management, and then, later, investment management and private equity, and then, later, for a safety science company where I was managing global capital investments in technology and new operations. And so, I've been fortunate that I've had a breadth of experience, from marketing to sales, to product and technology development, and infrastructure management. So, I had some basic skills that helped me understand what...well, the endeavor before I jumped into it because I spent a couple of years thinking about whether or not I even wanted to do something like this. And then, I would say probably the most important part of my previous experience that I apply every day at OtisHealth is developing teams and developing collaboration with different organizations. You know, aside from the team that I have, our own staff, we also work very closely with other organizations, even competitors, to make sure that we're all successful. And so, that collaboration across organizations that don't even have a necessarily contractual relationship is something that I brought over from my previous work and seeing how working across the industry, we can help each other and serve the mission. So, I think that was probably the most important part of my previous work experience that I apply today is this: building a team and building a coalition of organizations that want to move forward together. VICTORIA: That's great. And I'm wondering if there was anything that surprised you in that early phase of building collaboration with other companies and understanding your users that changed the strategic direction you were going with in the app. MARC: So, one of the things that I was really just in awe of was how willing people in the healthcare industry were to jump in and help out when we started talking. And so, many of the organizations that we work with, the founders or the senior staff within the nonprofits we work with, all have a story of why they're doing what they're doing. Many are brilliant people who could have taken their careers in many different directions, not in healthcare. And they chose to move forward in healthcare because of some personal experience in their life. And so, as I learned about the people I was working with, I was surprised how quickly they just took me under their wing and said, "Hey, let's get you started marketing. Let's move OtisHealth forward." And so, we have organizations like Onyx and Invitae [SP] that are giving us support in data access. There's another organization that I can't mention yet; that's another private entity that has offered their support, and we hope to launch with them in the next couple of weeks. And so, we're forming these data access bridges to help get patients more access to their data, their loved ones' data. And then, there's the nonprofits in the advocacy and standards organizations we work with, such as HL7, which is an international health technology standards organization, and DirectTrust, which is an organization that establishes trust networks in ecosystems, as well as the technology infrastructure behind how those systems communicate. And we work also with EHNAC, the accreditation commission. So, we not only are using the accreditation from EHNAC, we're on committees to advise them on future criteria for accreditation. VICTORIA: That's really cool. I love that there's that collaboration and just openness and willingness to try to make things better and to invest in solutions together. Mid-Roll Ad: VICTORIA: Introducing thoughtbot's ongoing maintenance service. Need reliable support and maintenance for your software? Look no further. Our expert team handles upgrades, bug fixes, UI adjustments, and new feature development. And the best part? Our maintenance packages start at just 5K per month for companies of all sizes. From Ruby on Rails to Node, React, and, yes, even PHP, we've got you covered. Trust thoughtbot for top-notch support and optimized performance. To receive a custom quote, contact sales@thoughtbot.com. VICTORIA: And with me here, I have Richard Newman, who is the Development Director on our Boost Team, to talk to me a little bit more about what maintenance actually looks like once you've built your software application, right? RICHARD: Hi, Victoria. VICTORIA: Hi, Richard. You have experience building applications. I wonder if you could describe to a founder who's considering to build an application, like, what should they consider for their long-term maintenance? RICHARD: Well, like you said earlier, part of what you're going for with that long-term maintenance is making sure the health of your project, of your application, is always there. And you don't want to be surprised as you're continuing to work with your users and so forth. And so, a number of things that we pay attention to in maintenance are, we're paying attention to keeping the application secure, providing security updates. We want to make sure that the ecosystem, basically, all of the tools and third-party services that are tied to your application that, we're responding to those sorts of changes as we go along. And then part of it is, occasionally, you're going to find some smaller issues or bugs or so forth as your user group continues to grow or as needs continue to change. You want to be able to respond to those quickly as well. And so, a lot of what goes into maintenance is making sure that you're paying attention and you're ahead of those things before they surprise you. VICTORIA: Because what can happen? Like, what are the consequences if you don't do that ongoing maintenance? RICHARD: Well, the security updates those happen across gems and in the platform sort of tools that are there. And so, if you're not keeping those up to date, your exposure, your vulnerability to being hacked, or having a bad actor come into your application start growing on you if you're not doing the maintenance. The other ones that can come up is there's new interfaces that these third-party services...they may be updating their APIs. They may be updating how you're supposed to work with their tool. And so, those can occasionally break if you're not paying attention to what's going on or you're suddenly surprised by an upgrade that you have to make. And then, finally, there's this long-term sort of code change that just builds up over time if you're not keeping it refactored for the changes that are upcoming in a language or the gems that you work with. And then, suddenly, after a while, it suddenly gets to the point where you have a lot of work that you might have to do to rehabilitate the application to take on some of the newer features that are being released. And so, that makes it that much more difficult, that much more friction about being able to deliver updates for your users or to be able to respond to changes that are happening out there in your application. VICTORIA: Right. So, if you don't have that ongoing maintenance, you could run into a situation where, suddenly, you need to make a very large investment and fixing whatever is broken. RICHARD: Absolutely. It's going to be very tough to plan for if you weren't keeping up all the way along and, yes, absolutely ends up being much slower if you have to remediate it. VICTORIA: That makes sense. I wonder if you have any examples of a project you've walked into and said, "Wow, I wish we had been doing a little bit more maintenance." [laughs] And maybe you can share some details. RICHARD: Yeah. We had a fairly large application that involved a number of clinic services. So, we had an application that users were going in every day and counting on our fast response. And, over time, we've got surprised by a database upgrade that had to happen. Basically, the database was going to be changed by our third-party hosting service, and that hadn't been tested. There hadn't been procedures in place when we discovered this need. And there was a very hard date that that change had to be done or else the entire application was going to go down. And it came at a very inconvenient time, at the end of the year around Christmas, that we had to respond to all of that. And had we been in front of it and just updated it every quarter and staying current with it, it wouldn't have been nearly the lift that it turned out to be. We were facing a pretty hard deadline [laughs] there to keep things going. It was very, very stressful and disruptive for the team and potentially for the clinics. VICTORIA: Right. And it always happens around a big holiday or something like that, right? When it all comes to a head. So... [laughter] RICHARD: Absolutely. You want to be in control of the timeframe and not have the timeframe be in control of you. VICTORIA: Right. And if you have a team like thoughtbot supporting you, you can go on your vacation with a little bit more knowledge that if something breaks, there's someone there who can respond and fix things, and you don't have to interrupt your very valuable time off. So... RICHARD: [chuckles] Absolutely. VICTORIA: Yeah. Well, thank you so much, Richard, for joining me today. I appreciate you coming here to talk with us. And we'll talk to you again soon. RICHARD: Yeah, it was a pleasure. Thank you. VICTORIA: You mentioned advocacy. And I'm curious if you could say more about what advocacy are you doing or how does that blend into your business model and what you're doing with OtisHealth? MARC: I'll give you an example. One of the organizations we belong to and I participate in personally is the Health Information Management System Society. And so, this is a professional society of healthcare IT professionals. And in Northern California, there's an advocacy committee that works directly with the state legislature to promote legislation that will improve the quality of healthcare for people in California. We actively talk to members of the legislature to tell them what bills we think are important. The ones we focus on and the ones I personally focus on are the ones that improve access to our data and also improve our privacy. So, there's a legislation in California, as an example, that will prohibit access to people's healthcare data without proper legal warrant. So, it's basically extending HIPAA protections across any health app launched in California. And we, of course, are already HIPAA-compliant, so that's very easy for us. There's also advocacy specific to certain health conditions. So, my daughter had autism. I work with the Autism Society here in California and also Achieve Tahoe, which is an organization that teaches skiing and other skills to people with disabilities in particular. This past season was my first season. I work primarily with children and young adults with autism and other developmental disorders. And then we also partner with organizations when we think that they're aligned with some of our mission. And so we work with the Caregiver Action Network. We also will work with AARP and other organizations regarding caregiver rights and also teaching caregivers how to access the healthcare data of their loved ones and how to take care of themselves personally. VICTORIA: That's wonderful. And I guess it's not really a question, but I saw that autism service dogs are a thing, and I just thought that was really cool. [laughs] MARC: Yeah, OtisHealth is named after Constance's autism service dog, Otis. And so, service dogs are extraordinary animals. They're highly trained. Otis had been trained for two years before we received him. He was trained specifically for Constance's needs, and he kept her safe. And that was the primary interest in Otis is observing things that she...because of her cognitive limitations, wasn't always aware of her surroundings and wasn't always safe. And so, the dog maintained her safety and her boundaries and kept her focused, as well as just basically blocked her if she was going to do something that was unsafe. So, there are many different kinds of service dogs, and I'm talking specifically about ADA, the Americans with Disability Act type service dogs. These aren't, like, companion dogs or therapy dogs. These are truly highly trained animals that are focused on specific tasks to help an individual be safer, more free, or have more abilities than their disabilities may allow. VICTORIA: Well, I love that. And I like that the app is named after her dog as well. That's just very sweet. And I love that that's how that worked. And I'm curious, what's on the horizon? What are you most excited about for OtisHealth in the next year? MARC: Like all startups, we have [laughs] a lot of plans. And we've been invited to speak at some conferences. I spoke at two already this year. And I have another one coming up in Washington, D.C., where we're going to advocate, again, for patient access. And this is primarily talking to the health systems themselves in adopting technology that makes it easier for patients to securely access their health records. And so, we're excited about that movement in the industry to recognize and start to act on that need for patients to be able to access their health records. And we work with our partners to promote that and also with the federal government. We work with the health and human services to promote this access. And we were published in a report earlier this year because of our technology demonstration with health and human services. And it sounds like it's finally getting some real traction in hospital systems. And members of the Federal Congress are also saying that this is something we need to move forward with in a more aggressive manner. On a more direct path, we're excited our membership's growing. We've had tens of thousands of people register to use the app, with thousands actively using it today. We're working on some new programs right now for payers and for providers that will improve health outcomes and within their populations, as well as bring on hundreds of thousands of other people on the app. We're really excited to know that we're getting both recognized for the work that we're doing and that people are starting to understand the importance of managing everyday health, whether it's with OtisHealth or another application. VICTORIA: Well, I love being excited for these opportunities to advocate for your product and for the mission behind the product. I'm not going to recommend being excited about going to D.C. during the summer. [laughs] Last time I was there when I landed at 9:00 p.m., it was 90 degrees outside [chuckles] and humid, like, 90% humidity. But it's great to have access to people who care and are trying to make things better and have that voice. I'm excited to see you grow. And then, it's been two years since you started the app. I wonder, if you could go back in time to when you first were getting started, what advice would you give yourself? MARC: So, this is a really hard thing for anybody to look back and say that they'd like to change a few things. There are things I would change. I have a lot of experience managing large, sophisticated programs. Because in the past I had large budgets, it was really easy to maintain strict discipline around the implementation. And I think I was too loose in the implementation process at the onset of OtisHealth. I would have been more disciplined around my program management and the accountability that I had to developers I was using. As a startup, I didn't have a large development team in-house. I needed to use external parties. And I should have been a little more closely on top of that process. The other things that we experienced were primarily a result of pivots. We were constantly pivoting as we were learning. I think having a team to review our process and pivot more quickly is really critical. You don't want to pivot 20 times a week. You need to stay focused for a while, but also having friends or advisors or members of your team that can help you assess when a pivot is necessary, or a new opportunity presents itself, I think, is critical. And so, we all know, as founders, the team is key. And I think the earlier you engage a team and not be bashful by asking for advice, the better. VICTORIA: I love that. And I'm curious if you have any advice from your program or from your startup career now on choosing the right development teams. And how do you find those right partners to actually build the app and have that accountability? MARC: So, I would say the number one thing that I've learned, that I knew previously, but I really appreciate it more now as a founder of a small company, is you need mission alignment, not just company to company, but person to person. And I took my time picking advisors to join us, and I took my time getting people on board to OtisHealth. We pick folks that we believe understand what we're doing, and we take our time and make sure that they appreciate it and that we're comfortable with them. Our startup is too small to make a bad hire or to have the wrong perspective because somebody has other motives, such as just making money. If I was providing advice in terms of picking teams or picking vendors to work with, I would say take it slow. Don't rush, even though you may be in a rush, or we may be in a rush to get moving, either for financial reasons or personal reasons. It's important just to feel comfortable. Get to know folks. Meet them in person if you can and spend a few hours with them at a time [laughs], just to make sure that they believe in you, and you believe in them, and that you have a common vision. Because when things get rough or tough, financially or otherwise, you need people that are going to be able to stick through it and work with you. VICTORIA: That makes a lot of sense. There's a lot of pivots happening. You want everyone to be on the same page. And you don't want to have to be corralling everyone all the time if they have competing priorities, so that makes a lot of sense. MARC: Absolutely. Just to be clearer on that, we all run into challenges. So, in some cases, we had to make some financial sacrifices, and everyone did it together. You really need people that are that committed that say, "Okay, I understand where we are, and so, I'm willing to take a pay cut for a while or not get paid for a while until we can get this spec started again." Even vendors I work with today that are strategic vendors understand that and have helped us financially when we need some time to get more revenue in. VICTORIA: Great. And so, when you were building a healthcare app, was there people you needed to have on your team who had that exact specialty in either patient care, or medical records, or something like that? MARC: Yes, yeah, you need experts. So, I'm a quick read. I mean, I spent a couple of years learning the industry and understanding the technology. But the person that's our IT director he has over 25 years of experience in healthcare IT systems, so he is the expert in-house. We also have advisors on our team that are experts in payer services and payer systems, launching healthcare apps, managing standards, and managing SaaS services. We have a data and an AI expert, and a clinical research specialist. We also have physicians we refer to. [laughs] So, we have a pretty big entourage of individuals that we go to for very specific advice and work. VICTORIA: That makes a lot of sense. Let's see, what question should I be asking that I haven't asked yet? MARC: You know, I think most of the people listening to this podcast are technical founders. And it was surprising to me, and I had some founders contact me, asked for some free advice, which I'm happy to do, but they didn't seem sincere in their interest in being in healthcare. And one thing I told them, and I would say to anybody that's interested in being a healthcare technology developer, is you have to have a reason to do it besides the money. It will be a really hard battle to move forward with a technology if the only motivation is a financial opportunity. That isn't going to sustain the pivots or the development. You'll run into a lot of walls, primarily because everyone will see it. Everyone in the industry sees those players come in that just have a financial interest, and the consumers see it, and they don't like it. So, my advice to anybody that wants to develop technology in healthcare is you have to be a little sincere about it and have a real reason to do it beyond just making money, and I think you'll find it more rewarding. There's so much need for healthcare technology and better technology out there. So, I welcome folks to join the fight, the battle, or the opportunities. But I would say that just come in with the idea that you're helping people, not just making money. VICTORIA: I think that rings true for any business you're in, right? But especially in healthcare because it is this big target. Even in consulting, if you're doing business development and you're thinking of working on health IT projects, there's just a huge market that you have to narrow down and figure out where you're going to be. So, if you don't have that intrinsic motivation, it can be overwhelming and scattered, and then people won't connect with you, right? Because everybody is going after the same thing. MARC: That's exactly right. One of the conferences I went to earlier this year, a speaker got up and said, "People invest in people, or people make deals with other people." We talk about companies signing a deal with another company, but it's really one person trusting another person. Whether it's in healthcare or another industry, obviously, that trust needs to happen. At some point, if I don't trust the individual I'm talking to, I'm less likely to have a deal with that company. VICTORIA: Right. It's like; I don't know how, you know, it doesn't really matter how impressive your credentials are. If there's not a basic level of trust, you might not move forward with it, so that makes a lot of sense to me. MARC: Yeah, that's absolutely right, Victoria. VICTORIA: Absolutely. Is there anything else that you'd like to promote at the end of this podcast? MARC: I'd love for folks to try OtisHealth. If you have family that have chronic medical needs or need help managing their medical information, please download OtisHealth, help them join. There are videos on YouTube that explain how to use it if you need some guidance, but we believe most of it is self-explanatory. We are continuously adding data access points. We're going to be launching this week new versions of OtisHealth that have access privileges for people in New York and Nevada and parts of California and Colorado. And so that means that with the app, once you're ID-proofed on the app, you can use it to get your medical records from different sources without having to log into all these different patient portals. So please try it. Use it for yourself but especially use it for your family or anybody who you care for. We'd love to get your feedback as you use the app too. VICTORIA: That's great. And I'm actually already thinking about...next week; I'm going to be going to The San Diego Annual Veterans Stand Down, where anyone who is experiencing homelessness can come in and get access to all the services that they might need, whether it's legal, or healthcare, or dentistry, showers, food, all of these things. And I'm curious if that organization might benefit from having a tool like that for their users. So, I'll be talking about it. [laughs] MARC: Oh, thank you so much. That'd be wonderful. Thank you. VICTORIA: That's great. Well, thank you so much, Marc, for joining us. MARC: My pleasure. Thank you, Victoria, for having me on the show. VICTORIA: Excellent. You can subscribe to the show and find notes along with a complete transcript for this episode at giantrobots.fm. If you have questions or comments, email us at hosts@giantrobots.fm. And you can find me on Twitter @victori_ousg. This podcast is brought to you by thoughtbot and produced and edited by Mandy Moore. Thank you for listening. See you next time. ANNOUNCER: This podcast is brought to you by thoughtbot, your expert strategy, design, development, and product management partner. We bring digital products from idea to success and teach you how because we care. Learn more at thoughtbot.com. Special Guest: Marc Mar-Yohana.

In 1984, Hon. Pauline Newman became the first judge appointed directly to the United States Court of Appeals for the Federal Circuit. Judge Newman has served on that court since, and serves to this day. Reports surfaced in April of this year that Federal Circuit Chief Judge Kimberly Moore had initiated a complaint against Judge Newman under the Judicial Conduct and Disability Act of 1980. On May 10, 2023, Judge Newman filed suit in the United States District Court for the District of Columbia against Chief Judge Moore; two other Federal Circuit judges in their capacities as members of the special committee appointed by Chief Judge Moore to investigate the complaint; and the Judicial Council of the Federal Circuit and its members. Judge Newman's federal lawsuit raises issues not just of judicial conduct (given the underlying complaint) and patent law (which are interesting given Judge Newman's and the court's history as well as what some view as its drift away from innovation-protective jurisprudence), but also separation of powers (since Judge Newman was appointed by the President and confirmed by the Senate), and even age/disability discrimination (Judge Newman is 95 years old). Our panel discussed these and related issues arising from this most-unusual set of circumstances. Featuring: Prof. Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of LawProf. Josh Blackman, Professor of Law, South Texas College of Law HoustonProf. Arthur Hellman, Professor Emeritus of Law, University of Pittsburgh School of LawCheryl Stanton, Chief Legal and Government Affairs Officer, BrightStar CareModerator: John J. Park Jr., Of Counsel, Strickland Brockington Lewis LLP

Joel Ward is an Emerging Technology Manager at Booz Allen Hamilton who has been working within Web Accessibility since around the time Section 508 of the Rehabilitation Act was enacted on August 7, 1998 and the W3C's Web Content Accessibility Guidelines came out (WCAG version 1.0 was published on May 5, 1999). Ward spoke on a XR Access Symposium panel discussion about Empowering the Workforce through Accessible XR, and also brought a pair of XREAL Air glasses with live captioning to show off the power of AR as an assistive technology to other attendees. I had a chance to speak with Ward about the pending work that has to be done in order to specify XR accessibility experimentation within government contracts. Right now XR accessibility is in a bit of a Catch-22, because if something is not specified within a contract to be worked on, then it most likely won't happen. However, XR Accessibility features and functionality are still too nascent to be clearly specified and scoping out within these contracts. As I covered in the unpacking of public policy and XR accessibility write-up of my interview with XR Association's Liz Hyman, then the emerging nature of XR technologies means that they're not clearly specified within legislation like Section 508 or the American's with Disability Act to be enforced. We talk what needs to be done at the federal government contracting level so that his group at Booz Allen Hamilton can have the freedom and resources to develop more XR Accessibility features that feeds into the type of Darwinian experimentation that Neil Trevett says is a crucial phase of the standards development process. This is a listener-supported podcast through the Voices of VR Patreon. Music: Fatality

NCLA Asks U.S. District Court to Stop Unconstitutional Suspension of Circuit Judge Pauline Newman Chief Judge Kimberly Moore and the Judicial Council of the U.S. Court of Appeals for theFederal Circuit have indefinitely suspended highly-respected veteran Judge Pauline Newman from hearing new cases—and they did so before investigating her. The 1980 Judicial Conduct and Disability Act does not authorize such indefinite or pre-investigatory suspensions. Another federal statute requires Federal Circuit panels to be comprised of a fair draw from all the Court's active judges. Hence, suspending Judge Newman also infringes on the right of every Federal Circuit plaintiff and defendant to have their cases heard by a fair draw from all the Court's active judges. Moreover, Judge Newman herself has an interest in fulfilling the duties of her judicial office, which cannot be taken away without due process of law. Judges singling out other federal judges for suspension is not due process and violates Congress' sole constitutional authority to impeach federal judges. Vec and Senior Litigation Counsel Greg Dolin discuss NCLA's recent amended Complaint and Motion for a Preliminary Injunction in Newman v. Moore.See omnystudio.com/listener for privacy information.

The last several weeks have been pretty tough on me. A variety of situations have flared up and they've taken a significant toll on my energy, health and mental well-being. Since it's Mental Health Awareness Month, it seemed timely to dive right in and talk about it all. A couple weeks ago, I shared about the story of the big epiphany I had after an interaction with Linny. I originally recorded about what happened to me at work that day but ultimately decided against it. In this episode I circle back and share about that work situation and how I put my epiphany insights into action to advocate for myself. I talk about job stress, the challenges I've had and my experience navigating my workplace accommodations. I also share some of the things I'm doing to support my mental health and well-being. Before discussing my accommodations with my boss, a colleague of mine gave me a much-needed pep talk and sent me information about the Americans with Disability Act (the ADA). Taking time to familiarize myself with the ADA and my employer's responsibilities really helped prepare me for that conversation. If you're dealing with a situation at work in which you need workplace accommodations do some research and check out the links below. The ADA Fact Sheet Click these links to read about reasonable accommodations and whether your employer has to provide them to accommodate you. You can follow me on Instagram at: ⁠⁠⁠@karen.e.osborne⁠⁠⁠ Click on this link to join Club Sandwich (the LITSZ Private Facebook Group): ⁠⁠⁠LITSZ_Club_Sandwich   --- Send in a voice message: https://podcasters.spotify.com/pod/show/karen-osborne9/message

JPMorgan Chase, the largest financial institution on Wall Street, reportedly requires its workers to give six months' notice before being allowed to leave for another job. A JPMorgan employee posted on the social media platform Blind, which allows career professionals anonymity, that the lengthy notice period may result in a new job offer being rescinded. The worker claims to earn around $400,000 annually in total compensation after accumulating 15 years of experience. The post stated that the worker was amenable to staying through the notice period but was worried that the new employer would rescind the offer and not wait for six months. Last year, workers at JPMorgan's India corporate offices reported that the Wall Street giant was raising its notice period to 60 days for vice presidents and below and 90 days for executive directors. Some financial professionals say that it is common for banks and hedge funds to include noncompete clauses in employees' contracts that prohibit them from being hired by a competitor for up to six months. The purpose of the notice period is believed to be to prevent staffing shortages when employees leave. However, it has been criticized as an example of an outdated "handcuff" policy that runs against the trend towards worker empowerment. And it may do more than just run against current trends. We have reported in the past on the FTC's increasing attention given to things like non-compete agreements and other employment contract provisions that tend towards the more employee-restrictive end of the management–labor spectrum. Will the FTC be putting JPMorgan in its crosshairs next? We'll see!JPMorgan's Six-Month Notice Rule Is an Old School ‘Handcuff'JPMorgan Chase ‘requires its tech workers give 6 months' notice before they quit'AMC Entertainment Holdings Inc. will appear in Delaware's Court of Chancery on Tuesday to face shareholders and a pension fund challenging the movie theater operator's attempts to convert its preferred equity units into common stock. A hearing for AMC Entertainment Holdings Inc. previously scheduled for Thursday was canceled, with a new one set for Tuesday, where Vice Chancellor Morgan Zurn will discuss "settlement scheduling and logistics." The proposed deal would let AMC move forward with its controversial conversion plan after two months of fast-tracked litigation. The preferred equity units (APE) are fractional units of preferred shares issued in a special dividend to retail investors who previously bailed out the company, but shareholders argue that the vote approving the deal wasn't conducted fairly and sidelines retail investors.Terminally online folks will remember, in early 2021, a group of retail investors on the social media platform Reddit, specifically on the subreddit r/wallstreetbets, organized a buying spree of shares in the struggling movie theater chain AMC Entertainment (AMC). The group coordinated their purchases through online brokerage platforms such as Robinhood, causing a surge in the stock's price. The phenomenon, dubbed the "Reddit rally" or "meme stock" frenzy, garnered widespread media attention and attracted more investors to join in the buying frenzy. The buying spree caused AMC's stock price to soar, rising by over 2,500% at one point. This Week in Chancery Court: AMC's Stock Conversion FightSamsung has been ordered to pay more than $303 million to computer-memory firm Netlist by a Texas federal jury for infringing several patents related to data processing. The court determined that Samsung's “memory modules” for high-performance computing infringed all five patents that Netlist had accused Samsung of violating. Netlist had asked for $404 million in damages. Netlist claimed that Samsung took its patented module technology after the two companies had collaborated on another project. Representatives for the companies have not immediately commented on the verdict.Netlist Inc has claimed that Samsung's memory products specifically used in cloud-computing servers and other data-intensive technology infringe upon the aforementioned. Netlist argues that its technology increases the power efficiency of memory modules and allows users to get useful information from vast amounts of data in a shorter time. However, Samsung countered this by stating that its technology works differently and merely achieves the same result and that, additionally, Netlist's patents are invalid. Allegations have also been made that other companies, including Google and SK Hynix, have violated Netlist's patented technologies related to the handshaking mechanism of various memory chips such as those used in enterprise cloud computing servers. Following the jury's verdict awarding more than $303 million to Netlist, the company's stocks rose by 21%.Samsung hit with $303 million jury verdict in computer-memory patent lawsuit | ReutersIn an update to the Federal Circuit judge competency story – Judge Pauline Newman, the Federal Circuit's oldest and longest-serving judge, is seeking to have her chief judge's complaint about her fitness to remain on the bench moved to a different circuit. The New Civil Liberties Alliance, which represents Newman, has filed a letter requesting the transfer to a potentially more neutral venue. The internal court battle has raised issues about the process for addressing a judge's alleged physical and mental impairments and lifetime judicial appointments. The complaint was initiated by Chief Judge Kimberly Moore under the Judicial Conduct and Disability Act, questioning Newman's physical and mental ability to remain an active judge. Newman and the NCLA intend to contest the allegations. The group has also asked that Newman be immediately restored to her full capacity as a Federal Circuit judge. Judge Newman Seeks to Move Fitness Complaint From Fed. Cir. (1) Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Judith Heumann, known as the mother of the disability rights movement, died this month at the age of 75. Heumann's activism and leadership in Berkeley's pioneering disability rights movement included the “504 sit-in,” a 26-day occupation of San Francisco's federal building that eventually led to the passage of the Americans with Disability Act. Heumann used a wheelchair following a childhood case of polio, and when she tried to attend school, the administration denied her as “a fire hazard.” Heumann went on to work with the Clinton and Obama administrations as well as the World Bank on issues of accessibility. We'll talk with disability rights advocates who knew her about her legacy, and where the movement is headed going forward. Guests: Sandy Ho, philanthropist; founder, Disability and Intersectionality Summit; director, the Disability Inclusion Fund at Borealis Philanthropy Yomi Sachiko Wrong, Oakland-based disability justice activist, dreamer Jim LeBrecht, filmmaker and co-director with Nicole Newnham, "Crip Camp: A Disability Revolution" Arlene Mayerson, directing attorney, Disability Rights Education and Defense Fund (DREDF)

I spent an amazing year clerking on the Ninth Circuit for Judge Diarmuid F. O'Scannlain, who could not have been a better boss. And after speaking to numerous clerks over the years, I believe that most enjoy positive clerkship experiences like mine. When law students and young lawyers ask for my opinion on clerking, I generally recommend it (depending on the individual's particular circumstances).But not every law clerk is as fortunate as I was. As we have learned in recent years, some clerks are subjected to harassment and abuse from the judges they clerk for. And because of judges' power and prestige, as well as structural problems that exempt the judiciary from most forms of workplace accountability, clerks often find themselves with nowhere to turn when mistreated by their judicial employers.Aliza Shatzman wants to change that. After being harassed and discriminated against by the judge for whom she clerked, she has become a leading advocate for greater judicial accountability and transparency. She has submitted testimony to Congress, written and spoken widely about these issues, and co-founded the Legal Accountability Project, a nonprofit devoted to “ensur[ing] that as many law clerks as possible have positive clerkship experiences, while extending support and resources to those who do not.”I was pleased to welcome Aliza to the Original Jurisdiction podcast. We talked about her harrowing clerkship experience, the need to pass the Judiciary Accountability Act, why she launched the Legal Accountability Project, and the Project's current initiatives, including a centralized clerkships reporting database. You can listen to our conversation by clicking on the embed above.Show Notes:* Statement for the Record of Aliza Shatzman, Former DC Superior Court Law Clerk, House Judiciary Committee* The Conservative Case for the Judiciary Accountability Act, by Aliza Shatzman for the Harvard Journal on Legislation* Law schools are part of the problem—but they can (and should) be part of the solution, by Aliza Shatzman for the Yale Law & Policy Review* The Legal Accountability Project, official websitePrefer reading to listening? A transcript of the entire episode appears below.Two quick notes:* This transcript has been cleaned up from the audio in ways that don't alter meaning—e.g., by deleting verbal filler or adding a word here or there to clarify meaning.* Because of length constraints, this newsletter may be truncated in email. To view the entire post, simply click on "View entire message" in your email app.David Lat: Hello, and welcome to the Original Jurisdiction podcast. I'm your host David Lat, author of a Substack newsletter about law and the legal profession also named Original Jurisdiction, which you can read and subscribe to by visiting davidlat.substack.com.You're listening to the sixth episode of this podcast, recorded on Monday, November 28. My normal schedule is to post episodes every other Wednesday.One of the nice things about having your own podcast is the ability to cover topics that are important to you. One topic near and dear to my own heart is clerking. I have written about law clerks and judicial clerkships for years, dating back to my first blog, Underneath Their Robes, and my novel, Supreme Ambitions, is also set in the clerkship world.I had a wonderful experience clerking for Judge Diarmuid O'Scannlain of the Ninth Circuit, who continues to be a mentor and friend more than two decades after my clerkship, and I want every law clerk to have such a great experience. So I was pleased to welcome to the podcast Aliza Shatzman, co-founder and president of the Legal Accountability Project. The goal of the Project is to ensure that as many law clerks as possible have positive clerkship experiences, while extending support and resources to those who do not.Aliza is an attorney and advocate based in Washington, D.C. She graduated from Williams College and the Washington University School of Law. After law school, Aliza moved to Washington to clerk for a judge on the D.C. Superior Court. Unfortunately, she endured terrible harassment and abuse during her clerkship, as well as retaliation afterwards. She has shared her story—in congressional testimony, articles, and interviews like this one—in order to increase judicial accountability and transparency.As Aliza discusses, one reason it can be so hard to hold judges accountable for mistreating law clerks is the culture of “hero worship” that surrounds judges. And here I have a confession to make: I have definitely contributed to the culture of “judicial celebrity” over the years, which I have come to increasingly regret over time. Without further ado, here's my interview of Aliza Shatzman.DL: Thanks so much for joining me, Aliza!Aliza Shatzman: Thanks for having me on the show.DL: So let's start at the beginning, before we get into your work with the Legal Accountability Project. Why did you decide to go to law school?AS: I went to law school because I wanted to be a reproductive-rights litigator. I wanted to be a trial attorney at Planned Parenthood. I'd always had kind of a sense of moral outrage, particularly on injustices affecting women. Between college and law school, I took a couple of years—I interned and worked on the Hill, did some internships at Planned Parenthood and the National Women's Law Center, and was really just moved by some of the personal stories I heard. So I went to law school knowing I wanted to do public-interest work.DL: And you were at Wash U, I believe, for law school?AS: I was, yes. I was a transfer, so I spent my 1L year at UNC and then transferred to Wash U.DL: And did your plans change in law school in terms of what you wanted to do? It seems like you certainly wanted to stay in public interest, but did your interests shift?AS: They definitely did. Pretty early in law school, I got the prosecutor bug. I did four different internships with the Justice Department during law school, and then decided that I wanted to become a homicide prosecutor in the D.C. U.S. Attorney's office.DL: And what did you do towards that end? You mentioned the internships—what did you do right after law school?AS: I decided to clerk in D.C. Superior Court during the 2019-2020 term. I knew that D.C. AUSAs appeared before D.C. Superior Court judges, so I was really focused on clerking in that courthouse.DL: As I recall from some of your writing, and you've written quite a bit about your clerkship experience, you were initially pretty excited about it, right? And you had heard from professors or references or recommenders good things about the judge you were going to clerk for?AS: Yes, I was excited to launch my career, and definitely Wash U professors made calls on my behalf to help me secure the clerkship. I was definitely excited when I went into it, and the messaging at Wash U Law, like at most law schools, was uniformly positive. This was going to be a lifelong mentor-mentee relationship; the position was going to confer only professional benefits. Nobody back when I was applying for clerkships, or when I started my clerkship, talked about any potential downsides to clerking.DL: And of course it's also good for the law schools to send graduates into these prestigious positions.AS: Indeed it is. They report those clerkship numbers publicly in a variety of fashions, and especially with similarly ranked schools, it goes to their ability to get the most competitive applicants to law school and the best professors who come with their own clerkship networks and relationships with the judiciary. So the relationship between the judiciary and law schools is very closely intertwined in a way that I don't think I fully realized until I started writing and speaking about this.DL: That's so true, and I would also add: applicants are much more savvy than say I was. When I went to law school, I didn't even really know what a clerkship was. But I get calls every year from people who are thinking about law school and a lot of them will ask, “Oh, if I want a clerk, is this a good law school for that?” People are more aware than they were maybe when you were in law school, and certainly when I was in law school, about the value professionally and as a credential of a clerkship.AS: Definitely. I would caution that the law schools that report the highest number of clerks per year are not necessarily the ones most focused on ensuring a positive clerkship experience. And this is based on a lot of conversations with law schools, a lot of conversations with students. But yes, there is a huge push toward clerking. And even now, I'm not dissuading anybody from clerking in the work I'm doing now. It's really about ensuring a positive clerkship experience. And that is different for every student. That is different for every applicant. There is no one-size-fits-all model, and I remain concerned that law schools are just trying to funnel students into as many clerkships as possible.DL: Yes. Weren't you told when you were applying to accept the first clerkship you were offered because this is such a plum position?AS: I absolutely was. And there are still law schools that are giving that advice, which is bad advice, and some have backed off it in recent years, maybe because I'm poking at them and telling them to stop giving that advice. I was told to apply broadly, across the U.S. and across the political spectrum, and to accept the first clerkship I was offered. I did all those things. I should not have done those things, but I did.DL: That brings us to your clerkship in D.C. Superior Court. I think some of my—or many of my—listeners might be familiar with your experience. But for those who are not, can you talk about it?AS: Definitely. I think it's important to share my experience. My experience is not rare, but it is one that is rarely shared publicly, and every clerkship application cycle, so much ink is spilled, so many statements are made, to highlight the best of circumstances. Nobody's talking about the worst of circumstances.I started this clerkship in D.C. Superior Court in August 2019, and just weeks into it, the judge for whom I clerked began to harass me and discriminate against me because of my gender. He would kick me out of the courtroom, telling me I made him “uncomfortable” and he “just felt more comfortable” with my male co-clerk. He told me I was “bossy” and “aggressive” and had “personality issues.” The day I found out I passed the D.C. bar exam—a big day in my life—he called me into his chambers, got in my face and said, “You're bossy. And I know bossy because my wife is bossy.”DL: Oh my gosh. You would've thought, “Congratulations on passing the bar!”AS: I think he also said, “I didn't think you'd pass.”DL: Oh my gosh. Wow.AS: Yeah, I'm painting a picture of this judge. I was just devastated. I remember crying in the courthouse bathroom, crying myself to sleep at night. This was my first legal job out of law school. This judge just seemed to be singling me out for mistreatment. I wished I could be reassigned to another judge. My workplace didn't have an employee dispute resolution or “EDR” plan that might have enabled that to happen. I did confide in some attorney mentors and some other clerks, who advised me to stick it out, and I knew that I needed a year of work experience to be eligible to apply to the U.S. Attorney's Office. So I really tried to.DL: So you were just going forward, crying in the bathroom, putting up with this abuse and harassment, but the best advice—or not the best, but the advice you were given—was, just keep on trucking?AS: Yes, that's correct.DL: Okay, and then what happened?AS: Pandemic happened. March 2020, I moved back to Philly to stay with my parents and worked remotely, and the judge basically ignored me for six weeks, before he called me up and told me he was ending my clerkship early because I made him “uncomfortable” and “lacked respect” for him, but he “didn't want to get into it.” Then he hung up on me.DL: Oh my gosh. So he did that. Just fired you over the phone. Wow. He did not even give you the courtesy of meeting in person. And also I think you mentioned in one of the pieces you wrote that in the lead-up to this, weren't you sending him things like orders and other drafts to look at, and he wouldn't respond to you, he would respond to your co clerk?AS: Yes. Yes.DL: That's crazy. AS: It was pretty bad. I reached out to the D.C. Courts' HR. They said there's nothing they could do because HR doesn't regulate judges, judges and law clerks have a unique relationship, and then they asked me whether I knew that I was an at-will employee. So then I reached out to my law school, Wash U, for support and advice, and I found out the judge had a history of harassing his clerks, which law school officials, including several professors, and the clerkships director, who still works there, knew about at the time I accepted the clerkship. But they decided not to share that with me, I guess, because they wanted another Wash U law student to clerk.DL: Wow. Now this is something we'll return to, but when you were applying for clerkships, did you have access to evaluations or reports about this judge in the Wash U. clerkships office that might have told you about these bad experiences?AS: I did not. Wash U does not conduct a post-clerkship survey. At the time, I did not even know whether they had a list of former clerks who clerked for this judge or others, so they are far behind others in the T20 [top 20 law schools] in this regard.DL: I remember, when I was at Yale, there were these lists of clerks, former clerks, to different judges. You could look them up, and there were evaluations. And we'll return to this—the evaluations were almost uniformly positive because anyone could walk in and look at them, and if you wrote a scathing report, that probably would not be a great thing. But they were there. And I remember sometimes you could read between the lines, and maybe detect something less effusive, but they were mostly positive.AS: Yep. Your alma mater might push back on that, but you are correct. Most of the reports are positive. Yes. DL: Fair enough. Let's go back to where you've been left in this process, and HR says they can't help you, and your law school can't help you. What did you do next?AS: I reached out to some other D.C. judges who connected me with the commission where I ultimately filed my judicial complaint. I wrote it, but I wanted to wait to find a new job because I was worried the judge would retaliate against me. It took me about a year to get back on my feet. I secured my dream job in the D.C. U.S. Attorney's office and moved back to D.C. in the summer of 2021, intending to launch my career as a prosecutor and, I hoped, put all this behind me. I had not been in touch with the judge, and I was hoping to move forward.DL: And I think he had said at some point to you that he would give you a neutral reference if asked?AS: Yes. That's correct.DL: You're at the U.S. Attorney's Office. This is your dream job. This is what you had wanted to do in law school. This is why you clerked for the D.C. Superior Court, to get this job. It seems like everything is going great, right?AS: For a couple weeks. Security clearance seemed to be taking a little bit longer than it should have, which was a red flag. But I was two weeks into training, I'd already started working there, they'd given me all the materials—and I received some pretty devastating news that altered the course of my life. I was told that the judge had made negative statements about me during my background investigation, I wouldn't be able to obtain a security clearance, and my job offer was being revoked.DL: Wow…. And then what did you do next? Did you have any ability to push back or explain or say, look, this was a really biased and unfair review or assessment?AS: I called HR, I called management at the D.C. U.S.A.O. and they said there was nothing they could do, that the decision was final. I absolutely tried to explain. I cried on the phone. I ultimately filed a FOIA request, which was denied in full, even though it was a reference about me that led to the denial of my security clearance. I actually was offered the opportunity a couple days later to interview for another job with that office, and then they revoked that too, based on the judge's same negative reference. At this point, I was two years into my legal career, and this judge just seemed to have enormous power to ruin my reputation and destroy my career.So I filed a judicial complaint with the D.C. Commission on Judicial Disabilities and Tenure. That is a regulatory body for D.C. judges. I hired attorneys and in the summer, in fall of 2021, participated in the investigation into the now-former judge, and we were partway through that when I found out separately that the judge was on administrative leave pending an investigation into other misconduct. At the time he had filed this negative reference, but the U.S.A.O. really was not alerted to the circumstances surrounding that negative reference until January 2022, when pursuant to the terms of our private settlement agreement, separate from anything the judiciary can or would do for a law clerk, the former judge issued a clarifying statement addressing some but not all of his outrageous claims. But by then, the damage had been done. It had been way too long, and I was pretty much blackballed from what I thought was my dream job.DL: Wow. Now, I think you wrote at some point that you did see some of the content of the negative reference—how did you get that? You mentioned your FOIA request was denied.AS: I have a copy of the negative reference, through private settlement negotiations between my attorneys and the then-judge's. I am enormously grateful for everything my attorneys did for me. Were it not for them, I would never have seen this outrageous negative reference, and most law clerks in my position are not fortunate enough to be able to hire attorneys to pursue this type of a claim.DL: I'm curious, this is maybe a bit of a digression, but whom did you hire? It's not like “clerkship abuse” is a practice area. Were these employment lawyers, did they have experience with the judiciary, how did you even know where to turn?AS: Great question. I found my attorneys through a high-profile person in the movement to prevent harassment in the judiciary. She let me use her name. Gave me a list. I started calling through it. It was a large employment litigation shop that does this type of work—not this type of work specifically, but they were fantastic. I'm really grateful for them.DL: So you reached an agreement with the judge. Were you then able to move on with your life professionally? What happened after that?AS: Sort of. I agreed not to identify the judge by name. That is why I refer to him as “the former judge.” He agreed to issue a clarifying statement to the U.S.A.O. addressing some of the claims in the reference. I reapplied to the U.S.A.O., but they definitely did not want anything to do with me. So I found a new job as a family law attorney and thought I would pursue that work.But during the summer when I was going through the judicial misconduct investigation, I became aware of the Judiciary Accountability Act, or “JAA,” which is legislation that would extend Title VII protections to judiciary employees, including law clerks. Currently, folks like me cannot sue our harassers and seek damages for harms done to our lives. So I reached out to a bunch of House and Senate offices involved with that bill to share my story, advocate for the legislation, advocate for an amendment to cover the D.C. courts, which are Article I courts and are currently not covered under the bill. And then a House Judiciary hearing occurred in March of 2022, and I was invited to submit written testimony advocating for the bill, sharing my story. And then I got involved in the weeks and months following that [with] further advocacy work around these issues. Eventually I launched the non-profit in June.DL: I would recommend to people that they check out your testimony. I put it in the show notes. It's very powerful, very detailed. It identifies the problem and talks about possible solutions. In a nutshell—you talked a little bit about it just now—what would the Judiciary Accountability Act do?AS: The JAA, H.R. 4827 and S. 2553, is such important legislation. It would extend Title VII protections to judiciary employees, including law clerks and federal public defenders, but it would do a lot of other important things too. It would clarify that Title 28 of the U.S. Code, which defines judicial misconduct, includes discrimination, harassment, retaliation—currently it doesn't even say that. It would specify that judges who retire, resign, or die amid a misconduct investigation—those [inquiries] won't cease. Currently they do. Some of the most notorious harassers, like former Judge [Alex] Kozinski, step down amid a misconduct investigation, and the judiciary loses jurisdiction over them.It would also standardize employee dispute resolution or EDR plans in the federal courthouses. Courts are theoretically required to follow the EDR plan, but they each implement it a little bit differently. And then it would also impose some really important data collection requirements on the federal judiciary, requiring them to collect and publicly report the results of a workplace culture assessment. They have been just notoriously unwilling to do that until very recently. It would require more transparency around the judicial misconduct complaints. When a judge is adjudicated to have committed misconduct, currently, if you go on the U.S. Courts website, their names are redacted. They are not searchable. It would increase transparency in that. It would also require the judiciary to report data on the lack of diversity in law clerk and federal public defender hiring. The real dearth of data in these spaces has allowed judges to get away with misconduct for decades.DL: This legislation seems like a very important part of the solution. Was your suggestion that it be amended to include D.C. Superior Court and similar courts accepted? Is that now part of the proposed legislation?AS: It's not yet—a Senate hearing would help to revisit this and other issues. It's definitely under consideration. I was told that it was more an oversight than anything else. So, I'm hopeful.DL: What is the status of the JAA right now? Are you optimistic about its chances of passage?AS: It's kind of stalled in Congress. It has 26 co-sponsors in the House, one Republican, six co-sponsors in the Senate, no Republicans yet, but I think that really does not—I know that does not represent the broad swath of folks interested in this legislation. It just needs some sustained attention and a Senate hearing. I always caution that we can't only talk about these issues when there's a flashy hearing. At the same time, I've been told that [a hearing] would garner additional co-sponsors, so it's really important.It's a bipartisan issue. Both Democratic and Republican judicial appointees harass their clerks, both liberal and conservative clerks face mistreatment. The federal judiciary leadership is a weirdly powerful lobby, and they are vociferously opposed to this bill. They have been since 1995, when Title VII was extended to the other two branches. It just needs some sustained attention. Congress has a lot going on every year, but I'm going to keep poking at them about this bill, about a Senate hearing. It's so important. Law clerks absolutely cannot wait another year for these urgently needed reforms. It's outrageous that law clerks are uniquely exempt from Title VII.DL: Why is it that it has so much less support on the Republican side of the aisle? I agree with you that it doesn't seem like it should be a partisan issue.AS: It just doesn't have enough folks lobbying Republicans on the House and Senate Judiciary Committees right now, which was part of the point of my article with the Harvard Journal on Legislation, The Conservative Case for the JAA. I have been reaching out to Republican offices to talk about the bill, and they are receptive and interested. House Republicans during the March 2022 hearing seemed receptive as well, at least to the Title VII protections. I'm a little worried they might want to sever the bill and deal with the Title VII protections now and handle other things later, which I don't think they should do. It just has a lack of support generally, and if we got more Dems we might get more Republicans too. It's a question of putting someone's personal face and story on abstract issues and giving this bill sustained attention.DL: Absolutely. And your testimony did that. And several other women came forward as well and offered testimony. There has been media coverage, so it is starting to get traction. But I guess we'll see what happens in January or in the new session.AS: The lack of people willing to come out and speak publicly on this issue makes it more challenging because judiciary leadership likes to claim these issues are not pervasive in the courts. And I think House and Senate Republicans, probably some House and Senate Democrats too, think similarly, because there's just a dearth of folks willing to share their stories publicly. My story is definitely not rare, but it is certainly rarely shared. And there is just a real culture of fear and silence, one of deifying judges and disbelieving law clerks. I think we're in a better position now than we were in 2018 or 2020, when two previous hearings occurred on these issues. But we still have a long way to go.DL: Let me play devil's advocate. What do you say to arguments that the judge-clerk relationship is a unique relationship and there are duties of clerk confidentiality? There were certainly clerks who, for example, wanted to report allegations against Judge Kozinski, but they were worried about violating the duty of confidentiality. What do you say to people who say this is going to undermine that, that special relationship that makes a clerkship such a great mentorship experience for so many?AS: The judiciary has taken some steps to clarify that the duty of confidentiality does not deal with workplace issues, and anybody who is mistreated can and should report that. Perhaps it is a unique relationship, but I think a clerkship should be considered a job like any other, and the judges should be considered employers running a small workplace. What makes it a unique job is that judges have outsized influence over their former clerks' lives, careers, and reputations, and that this first legal job for many folks has outsized influence over their future career success, which makes it particularly important that we address these issues and particularly important that the next generation of young attorneys are protected from mistreatment.DL: Another point you've made in your writings is at least for the Article III judges, there's life tenure, so in some ways they have even more protection than members of Congress or the president. They're not responsible to the voters. And also they're in some ways more low-profile. Even if there's a kind of hero worship or celebrity worship of judges, at the end of the day, they're not as famous as, say, U.S. senators—so they can probably get away with a lot more, I would guess.AS: Absolutely, they can and they do. Continuing to exempt judges from Title VII and conferring upon them life tenure really sends the message that they're untouchable, that they're above the laws they enforce. They shouldn't be. And definitely life tenure contributes to these problematic behaviors.There's a lack of accountability in the judiciary. Judges are never disciplined. Complaints are rarely filed to begin with. It is a broken system, and I think the JAA and the Judicial Conduct and Disability Act, which is the federal complaint process whereby a clerk can complain about a judge, are really the floor and not the ceiling for judicial accountability legislation. And I would just underscore for anybody who thinks my story is rare or particularly outrageous, it is definitely not, and judges are empowered to get away with outrageous misconduct. And what keeps law clerks silent, what keeps them from filing any sort of complaint, is that they fear that what happened to me will happen to them. That is how judges, some judges, the misbehaving ones, lord their power over their clerks, which is really troubling. It's definitely not all judges. There are lots of wonderful judges who reach out to me to extend their support for what I'm doing and thank me. But these issues are unaddressed in both the state and federal courts, and I'm really hoping that judiciary leadership takes it seriously.DL: What about the argument that the judiciary can police itself and that things like the JAA are threats to judicial independence and the separation of powers?AS: Internal self-policing leads to a lack of policing, and any attempts at internal self-discipline really lead to a lack of discipline. I remain enormously troubled that all judicial accountability mechanisms are run by other judges in the courthouse or the circuit where the complainant law clerk and the misbehaving judge work. Judges are notoriously unwilling to discipline their colleagues. Even when they see misconduct occurring, they're notoriously unwilling to even pull a judge aside and say something.The judicial independence argument is kind of nonsense. We are not talking about suing judges for their rulings, something I would not support. We are saying that judges are employers running a workplace like any other, like the other two branches of government, those are employers. When employees are mistreated, they can sue and seek damages. We're just talking about treating judges like other employers.DL: Have we seen any disasters result from the fact that other governmental entities are subject to suit for workplace violations?AS: Not at all. And part of it is just it sends the right message to say that you are an employer, you are subject to Title VII, you are an employee, you are protected by it. We have not seen any downstream negative consequences from extending Title VII to the other two branches of government.DL: Your testimony was in March 2022, this year, and then in June you started the Legal Accountability Project. Can you tell us what that is about?AS: Sure. So the Legal Accountability Project basically seeks to ensure that law clerks have a positive clerkship experience and then extends support and resources to the ones who don't. I think of the nonprofit as the resource I wish existed as a Wash U law student applying for a clerkship, a law clerk facing harassment and unsure where to go for help, and a former clerk engaging in the formal judicial complaint process. And we're working on a couple of major initiatives in collaboration with law schools beginning this year, and I think that law schools have historically received a free pass in the conversation about judicial accountability and that they should be the first to step forward and make some changes to protect the next generation of folks.DL: You have a couple of projects or initiatives you're working at the Project—can you talk about some of them that you're rolling out this fall?AS: Absolutely. So the Legal Accountability Project is basically premised on gaps that I see in the clerkship application process, a lack of standardization, a lack of transparency, as well as larger issues related to a lack of accountability in our judiciary. So I speak to a lot of law students and I'll say, “So you want to clerk? Great. How would you avoid judges who harass their clerks?” Some might say, “I'd ask someone,” but who are you going to ask? Clerkship directors and deans tell students to “do their research,” but what research are they going to do when so little information about judges is available on an equitable basis?The major initiative we're working on this year is a centralized clerkships reporting database, which is going to democratize information about judges so students considering a clerkship have as much info about as many judges as possible before they make what is clearly a really important decision about their careers. It's basically a better version of the post-clerkship survey that a handful of schools do already internally. As you and I talked about earlier, the schools that do them recognize they're mostly positive reports in there. What I try to tell schools is no school has a monopoly on information about judges. Every school has a ceiling on the number of judges they can keep track of, and it totally depends on who their alumni have clerked for in the past.We are going to have law clerk alumni from participating schools create an account with us and write a report about their judge and their clerkship—good, bad, medium, we want to hear everything—and our questions elucidate lots of information you might want to know before clerking. Certainly mistreatment is something we seek to capture in a way that law schools are not doing right now, but it's also how does the judge provide feedback, do I get writing and courtroom experience, can I take vacation? All kinds of stuff you might want to know about your boss and your job, most of which is just not available to students right now.Law clerk alumni report into the database. It's a subscription model, so law schools pay us $5 per student per year based on their total J.D. enrollment, and then in exchange, law students get access to reading the reports. But why it's better than anything law schools do right now [is that applicants] don't just get to read their [own school's] alumni reports. They read the reports of all the alumni from all the schools participating in database. I am confident this is the best way to infuse transparency into the opaque clerkship application process and protect the next generation of attorneys against harassment.DL: It sounds really useful. It's a resource I would've wanted to have when I was applying for clerkships. Are you going to require clerks to put their names in? Because obviously, as we know from your case, retaliation can be a problem. But if the clerks are[] anonymous, is there a fear of false reports? And what about if students want to get in touch with somebody for further discussion? Can people be anonymous?AS: Yes, law clerks can report anonymously. There is an option on the last page: would you like to provide your name to students considering this clerkship? We anticipate that the law clerks who face mistreatment will report anonymously, and that is one of many reasons why a lot of law-clerk alumni like this. They also feel an increased sense of anonymity because there are just more people reporting in from more schools in a way. I talk to students and alums from schools that do a post-clerkship survey and they say, I would not fill out my school's, I don't feel sufficiently anonymous, I would fill out yours.Your question about false reports—we do not have a culture of false allegations against judges. We have a culture of fear and gross underreporting. I'm not at all concerned about false allegations. We do obviously have a privacy policy, and law clerks are signing off that they will report truthfully. I am confident they will. I think students and alumni understand this is a desperately needed resource, and if there were false reports or folks misusing the database, it could no longer exist.What you talked about with the clerk-to-student information sharing is often referred to as the “clerkships whisper network.” This is inefficient at best and ineffective at worst, and that the folks who have the information, it often does not get shared with the folks who need. We are not saying you should not reach out to former clerks. What we are saying is that it is an inefficient system, and for law clerks who face mistreatment, they typically do a couple things. They either don't report that back to their law schools, or they take themselves off the list of alumni to be contacted for clerkships, or they do respond to requests, but they are re-traumatized every time somebody reaches out, or they just don't share the full information. Those are all issues we're seeking to combat. Instead of those things, the mistreated clerk can take 10 minutes, fill out our post-clerkship survey once, and then never have to be contacted again. So we think it's better.DL: Again, I think it's a great resource and a great idea. Are you worried about—again, I think this would be unlikely because it's sort of like the Streisand Effect, it would just draw more attention—but are you worried about a judge, say, finding out about this and then suing the Project to try and either unmask this person or get a retraction or, I don't know what….AS: A couple things. This is not a public-access website. The only people who will have access to reading the reports are students from participating law schools and young alums from those law schools. Law clerk alumni get write-only access. They write a report, they can't read them. Part of the privacy policy is that you cannot screenshot this, you cannot share this with folks who do not have access. We are not worried about defamation because we will have Section 230 immunity. We are just posting what people want to write. They can write seven paragraphs, they can write my judge was nice, we're just posting what they write.Judges actually support this. They reach out to me a lot to convey their private support. We're hoping to turn that into public support very soon. Judges understand that positive reviews in the database will bolster not only their reputations, but also their clerkship applicant pools, because what I see is it's historically marginalized groups, women, non-white folks, LGBTQ folks, who face the brunt of mistreatment during these clerkships, and either decide not to apply or they apply less broadly because they just don't have the info they need. I receive a lot of outreach from LGBTQ students asking who are the friendly judges to apply to, who are the not-so-friendly ones to avoid? I have to say we don't have that info yet, but we will. Judges like this. I know it's a disproportionate sample of folks who reach out to say, I support you and I'm a judge, and probably the ones who hate this are going to be quiet. It should be a red flag if any judges are out there publicly opposing this because there must be reasons why they do. And look, the thing is, we are doing what a handful of schools, including your alma mater, already do internally. Judges know which schools have a database. They bring them up and they don't make us think about that because they know that most other employers, in most other professions, are reviewed. Why should they be uniquely not subject to any reviews?DL: What is the status of the database—when will it go live, when will people start to be able to access these reports?AS: The database is a working prototype right now, and our engineers are building the final product. Law clerk alumni will begin reporting into it this winter, and it will go live in spring 2023 for students from participating schools considering clerkships. And for folks who think this is a good idea, if you are a law student or an attorney, reach out to your law school and encourage them to partner with us. Most administrations are considering this right now, and we think student and alumni support is going to make a difference everywhere.DL: I think people should, if they're interested in this resource, let their school know that the school should sign up for it if it hasn't already. Before we go, I was wondering if you could also talk about what the Project is working on in terms of the culture assessment?AS: Yes, we are doing a workplace culture assessment of the federal and state judiciaries. It's a climate survey that's finally going to answer the question, “How pervasive is harassment in the judiciary?” The federal judiciary has just been notoriously unwilling to do this until very recently. [After] five years of advocates poking at them, they finally agreed to do one, but they've specifically not committed to reporting the results publicly, which I think is an enormous red flag.We are surveying both state and federal clerks from a variety of institutions. In addition to standard climate-survey-type questions, we're also asking a section of questions that is particularly important, and it's about law clerk concerns about reporting formally to the judiciary, informally to their law schools. The federal judiciary likes to claim that these issues are not pervasive, yet they have conducted no type of workplace assessment that would show that.Unfortunately, a handful of law school clerkship directors and deans say things to me like, “We're blessed to work with only good judges in this circuit! All our alumni have a positive experience!” That is nonsense. But the dearth of folks reporting back to their law schools right now means that they can kind of disclaim responsibility, so we're seeking to quantify that as well for some challenging clerkship directors and some challenging judiciary officials.DL: When do you expect the assessment to be available?AS: We're not going to send it out until summer of 2023, so a little while. We're trying to focus on the database. We overshot our timelines a bit for getting schools on board, so our full effort goes toward that right now. But I've been heartened by the very positive response from the vast majority of law schools who are very willing to engage, and I appreciate that.It's the right time. Advocates over the past couple years have really laid the groundwork, and now it's time to make changes to protect the next generation of young attorneys. Law schools are working in good faith with me and I appreciate that, but no school is doing an adequate job of protecting their students and alumni against mistreatment right now. We are offering them concrete solutions for radically under-addressed issues, and I hope everybody considers partnering with us this year.We're definitely facing a first-mover problem. Everybody's looking around and seeing who's partnering with us. That's the first question we get from every dean, who else is doing this? Somebody's got to be first. There are a couple of really brave deans and clerkship directors who I'm optimistic will be leaders.DL: I think, just based on having observed the legal profession for so long, that they're like lemmings. Once you get one or two or three, especially if they're big-name schools, you'll get many. You just need—it's like what just happened with these U.S. News rankings and Yale and Harvard—you just need somebody to do it. So you're working on a first mover, but you don't have one just yet?AS: We're very optimistic about a couple. We're not ready to announce them, but we feel very good.DL: Well, in closing, Aliza, I'm so thankful for your time and insight. For people who want to reach out to you to help out with the Project or to tap into resources, what's the best way for them to either contact you or get in touch with the Project?AS: Our website is legalaccountabilityproject dot org, and my email is Aliza dot Shatzman at legalaccountabilityproject dot org. I receive a lot of outreach from current and former clerks. I always appreciate that. Please reach out, learn more, support us. We're recording this the day before Giving Tuesday, so it's a good time to support us.DL: You are a 501(c)(3)?AS: We are working on it. We will be in a few weeks.DL: Excellent. Well, anyway, thank you so much for your time, your insight, and all of the work you're doing on these very important issues. A lot of us really appreciate what you're doing.AS: Thank you.DL: Thanks again to Aliza, who is doing very important work. Reasonable minds can disagree on the details of specific reform proposals, but everyone who cares about the judiciary should care about the workplace treatment of law clerks.As always, thanks to Tommy Harron, my sound engineer here at Original Jurisdiction, and thanks to you, my listeners and readers, for tuning in. 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