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Does modern society have too many laws? Have we complicated legal codes to the point where we're suffocating under them and grinding the government to a screeching halt? Lawyer and author Philip K. Howard is the founder of the nonpartisan coalition, Common Good, which works toward legal and government reform. He's the author of numerous books like, The Death of Common Sense: How Law is Suffocating America and most recently, Everyday Freedom: Designing the Framework for a Flourishing Society. Philip and Greg discuss the balance between rigid rules and human discretion, the importance of human judgment in law, and how legal micromanagement and excessive regulation curtails individual agency and practical wisdom.*unSILOed Podcast is produced by University FM.*Episode Quotes:Freedom does not exist without the authority of law02:42: Freedom does not exist except within a framework of the authority of law. And the authority of law requires human judgment by the people in charge of law, judges, officials, and others. What's a safe workplace, etc.? Whether a seesaw is a reasonable risk? Whatever it is, they have to make those judgments so that people have a sense of where they stand. And then you get freedom back, and people can act again. You no longer have gridlock. But right now we have law, not as a kind of outer fence of a corral of freedom. We have law interceding in daily choices. There's almost nothing you can say in the workplace that doesn't have legal implications. Well, is that a free society? I don't think so. Has law become counterproductive?05:53: Today, the law has become, in many areas, counterproductive. I mean, it doesn't make people feel more free; it makes them feel less free, right? And the point of the law is to provide a framework to enhance everyone's freedom, so we're not worried that the water we drink is polluted, that we feel comfortable, that we have free speech, and we can say what we think without getting into trouble. Well, that's not true anymore.The role of law is to enhance freedom32:06: We need to have a clearer sense of what the boundaries of our freedom are, and that requires the enforcement of norms that judges and others were not doing. So we have both too little and too much law. Ultimately, my goal—I think the role of law is to enhance freedom—everyone's freedom, freedom from abuse, freedom from dirty water, and to do what humans are good at doing.Law doesn't work without judgment01:01:23: Law doesn't work without the judgment of the people—of the people in charge applying the norms of law. Law is not a speed limit sign that says 55 miles an hour. It's principles like the reasonable person standard or whatever. It's unreasonable search and seizure, free speech. All these things are principles that have to be interpreted by somebody. They're not self-executed.Show Links:Recommended Resources:Daniel KahnemanMike Rose Alexis de Tocqueville The American Law Institute podcast Joe Klein | Time MagazineIkiruVaclav HavelJeremy WaldronGuest Profile:Faculty Profile at Columbia UniversityProfessional WebsiteCommon GoodHis Work:Everyday Freedom: Designing the Framework for a Flourishing SocietyThe Death of Common Sense: How Law is Suffocating AmericaThe Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom The Rule of Nobody: Saving America from Dead Laws and Broken Government Not Accountable: Rethinking the Constitutionality of Public Employee Unions Try Common Sense: Replacing the Failed Ideologies of Right and LeftThe Lost Art of Drawing the Line: How Fairness Went Too Far Life Without Lawyers: Restoring Responsibility in America
Philip K. Howard is a longtime leader of government and legal reform in the United States. Amid the current political turmoil, Howard has set his sights on the remorseless increase in the power of public employee unions. This is a thread linking public sector pension shortfalls; local, state, and federal government bureaucratic dysfunction; outdated public infrastructure that costs far more to improve than in comparable nations; and the struggles between parents and teachers’ unions on issues from student masking to curriculum development. Howard’s guiding star is to hold government accountable to the citizens it is intended to serve.In this episode of the Serve to Lead Podcast, Howard discusses his efforts to reform public sector collective bargaining—including an innovative project to challenge its constitutionality. He also explores the evolution of the legal profession, including the decline of the lawyer-statesman ideal. Philip K. Howard’s latest book is Try Common Sense: Replacing the Failed Ideologies of Right and Left (W.W. Norton & Company, January 2019). His 2010 Ted Talk has been viewed over 650,000 times.Howard is also the author of the best-seller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton & Company, 2009), and The Rule of Nobody (W.W. Norton & Company, 2014). He writes periodically for the Wall Street Journal, the Washington Post, and other publications. In 2002, Howard founded Common Good, a nonpartisan national coalition dedicated to restoring common sense to America. His 2015 report “Two Years, Not Ten Years” delineated the economic and environmental costs of delayed infrastructure approvals, and has been endorsed by leaders of both major political parties.The son of a minister, Philip K. Howard got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner and has been active in public affairs his entire adult life. He is a prominent civic leader in New York City and has advised national political leaders on legal and regulatory reform for three decades, including Vice President Al Gore and numerous governors. He is Senior Counsel at the law firm Covington & Burling, LLP. Howard is a graduate of Yale College and the University of Virginia Law School, and lives in Manhattan with his wife Alexandra. They have four children.The Serve to Lead podcast has recently moved to Substack (and continues to repopulate in updated settings). It can be accessed in the usual formats, including:Apple Podcasts | Amazon Audible | Amazon Music | Google Podcasts | iHeart | Spotify | Stitcher | Podchaser | TuneIn Reference to Patrick J. Shiltz, “On Being a Healthy, Happy, and Ethical Member of an Unhealthy, Unhappy, and Unethical Profession,” Vanderbilt Law Review, Volume 52, Issue 4, 1999. Image: Covington & Burling LLP Get full access to The Next Nationalism at jamesstrock.substack.com/subscribe
The founder of Common Good and author of "Try Common Sense: Replacing the Failed Ideologies of Right and Left," Philip K. Howard, joins Paul E. Peterson to discuss Howard's latest report, "Accountability on Trial," which contends that accountability is being undercut by public union contracts.
Philip K. Howard, attorney and founder of Campaign for Common Good, joins Frank to talk about his latest book is "Try Common Sense: Replacing the Failed Ideologies of Right and Left." and the political infrastructure we need now.
Philip K. Howard, attorney and founder of Campaign for Common Good, joins Frank to talk about his latest book is "Try Common Sense: Replacing the Failed Ideologies of Right and Left." and the political infrastructure we need now.
The efficacy of government is often only the domain of niche audiences, but the failure of government to address a massive public health crisis over the last year have brought back cries for effective government. Perhaps the management failures could prompt a review of how to make government operate more efficiently and effectively. Philip K. Howard, a leading expert on civil service and Founder of the Campaign for Common Good. His latest book is Try Common Sense: Replacing the Failed Ideologies of Right and Left. He has advised national political leaders on legal and regulatory reform for fifteen years, including former Vice President Al Gore and numerous governors. He joined the podcast to explain how to better cut red tape to make government more effective.
Last month, the White House put out an Executive Order that claims to make it easier to hire and fire feds by creating a new Schedule F within the excepted service of the federal government. The order has been roundly criticized as politicizing the civil service and throwing out over 100 years of precedent. But, good government reformers have been calling for an overhaul of the federal civil service for ages, from red tape to accountability. Philip K. Howard, a leading expert on civil service and Founder of the Campaign for Common Good. His latest book is Try Common Sense: Replacing the Failed Ideologies of Right and Left. He has advised national political leaders on legal and regulatory reform for fifteen years, including former Vice President Al Gore and numerous governors. He joined the podcast to discuss the Schedule F order and how to better cut red tape in government hiring and firing.
On this episode, Philip K. Howard discusses his book “Try Common Sense: Replacing the Failed Ideologies of Right and Left.”
Author and attorney Philip K. Howard is at the forefront of legal reform and the fight against government micromanagement. His latest book, “Try Common Sense: Replacing the Failed Ideologies of Right and Left,” takes aim at the bloated bureaucracies of both parties and proposes a practical government that allows Americans to live WITHOUT all the red tape. In this interview, Glenn and Philip discuss how our overstuffed rule books – mixed with modern fears of failure, pain, and lawsuits – have created a less free society. From teachers burdened with paperwork to men afraid to mentor, our regulations need a massive overhaul. Learn more about your ad choices. Visit megaphone.fm/adchoices
First up, Steve speaks to an array of issues including the intensification of the conflict in Hong Kong, the Federal Reserve and consumer spending and confidence.Then, Philip Howard, author of the new blockbuster book Try Common Sense: Replacing the Failed Ideologies of Right and Left, sits down with Steve to explain why the never-ending avalanche of literally millions of usually-unnecessary, nitpicking rules from Washington and local governments, since the 1960s, is undermining our democracy. Americans rightly feel they have lost control over so much of their lives and that elections don’t make much difference. Both parties are at fault. Howard then lays out the exciting remedies to get our country back in the hands of We the People. Lastly, Steve’s “Reads of the Weeks” consist of four articles. They are: "A Hundred Year Treasury? " by the Wall Street Journal editorial board, "Argentina Needs The Dollar” by Mary Anastasia O’Grady, “Europe Does Not Exist” by Josef Joffe and Steve celebrates the 100th birthday of his late father, Malcolm Forbes, with his piece “A Matchless Man”.
Hour 1 Nobody wants war, including Iran. Sanctions is the strategy while Peace through war. America is the best of friends at peace, but the worst of enemies at war ...UK Poll says Gay wokeness is fading ...Lt. Governor of Texas, Ken Paxton joins to discuss his states Unconstitutional Obamacare Lawsuit. Border in crisis explained Hour 2 Andrew Wilkow joins Glenn with News of the Day. Big Tech Censorship, The Border Crisis and Tommy Robinson. Beware of the Neutral Left. Jeff Bezos is The Lawmower Man. We'll All be Riding the Google Trains to Amazon Jobs Hour 3 Try Common Sense with author Philp K. Howard. Replacing the Failed Ideologies of Right and Left, Rules and regulations are replacing our freedom. Mechanism for accountability has been lost. No one is thinking for themselves Learn more about your ad choices. Visit megaphone.fm/adchoices
Philip K. Howard has spent a lifetime pursuing common sense cures to government excess and bloat. The patient is in critical condition: a raft of rules and regulations have infected every corner of the federal bureaucracy, from how agriculture products are harvested to how first responders can assist those at an accident scene. In the great tradition of Thomas Paine, Philip Howard is a lawyer and pamphleteer on a mission: cutting red tape wherever he sees it. His latest book: Try Common Sense: Replacing the Failed Ideologies of Right and Left, is a call to action as Election 2020 gets underway. Inside the ICE House: https://www.theice.com/podcast/inside-the-ice-house
Failed Ideologies and Failed Leaders ----- 01/15/19 Vol. 6-- #10Liberalism is a failed ideology, and produces failed results with failed leadership. Tom explains why in a number of segments today.*Gilette Metrosexuals*Teacher Strike in CA *Politicization in the FBI *Brown Fiddled While California *Dark Side Landing Faked?Bumper Music:Walking on Broken Glass- Annie LennoxMoney Can't Buy It- Annie LennoxSo Into You- Atlanta Rhythm SectionManic Monday- BanglesHazy Shade of Winter- BanglesEvery Breath You Take- The PoliceClosing Music on podcast provided byThe Dead Cat Bounce* https://soundcloud.com/dead-cat-bounceThe money pledged thru Patreon.com will go toward show costs such as advertising, server time, and broadcasting equipment. If we can get enough listeners, we will expand the show to two hours and hire additional staff.To help our show out, please support us on Patreon: https://www.patreon.com/LibertyNeverSleepsAll bumper music and sound clips are not owned by the show, are commentary, and of educational purposes, or de minimus effect, and not for monetary gain.No copyright is claimed in any use of such materials and to the extent that material may appear to be infringed, I assert that such alleged infringement is permissible under fair use principles in U.S. copyright laws. If you believe material has been used in an unauthorized manner, please contact the poster.
Failed Ideologies and Failed Leaders ----- 01/15/19 Vol. 6-- #10Liberalism is a failed ideology, and produces failed results with failed leadership. Tom explains why in a number of segments today.*Gilette Metrosexuals*Teacher Strike in CA *Politicization in the FBI *Brown Fiddled While California *Dark Side Landing Faked?Bumper Music:Walking on Broken Glass- Annie LennoxMoney Can't Buy It- Annie LennoxSo Into You- Atlanta Rhythm SectionManic Monday- BanglesHazy Shade of Winter- BanglesEvery Breath You Take- The PoliceClosing Music on podcast provided byThe Dead Cat Bounce* https://soundcloud.com/dead-cat-bounceThe money pledged thru Patreon.com will go toward show costs such as advertising, server time, and broadcasting equipment. If we can get enough listeners, we will expand the show to two hours and hire additional staff.To help our show out, please support us on Patreon: https://www.patreon.com/LibertyNeverSleepsAll bumper music and sound clips are not owned by the show, are commentary, and of educational purposes, or de minimus effect, and not for monetary gain.No copyright is claimed in any use of such materials and to the extent that material may appear to be infringed, I assert that such alleged infringement is permissible under fair use principles in U.S. copyright laws. If you believe material has been used in an unauthorized manner, please contact the poster.