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A New Version of THE DREAM: Martin Luther King and the Public Employees’ Unions April 5, 2011

Posted by legalethicsemporium in Education, Labor Issues, Law, Ethics & Society, Racial Discrimination, U.S. Constitution.
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Irony, progress or backward motion?  Perhaps a bit of all three…Labor unions and civil rights groups organized sit-ins and teach-ins all across the country yesterday to protest the assault on the rights of public employees’ unions to engage in meaningful collective bargaining in Wisconsin and Ohio. The sponsors of the “We Are One” rallies noted Dr. King’s tie to the rights of public employees and his plans to march with striking sanitation workers–his plans were foiled by his tragic death.

“What we are witnessing is nothing but an ideological assault on Dr. King’s vision for a more economically just nation,” said Wade Henderson, president of the Leadership Conference on Civil and Human Rights.

Yes, irony, progress and backward motion….

Irony– Because some of the same folks against whom he marched no doubt have descendants that are now employing Dr. King’s philosophy and methodology to fight for their rights.

Progress– Because  although Dr. King would no doubt be troubled by the states’ strategy to solve  their financial crisis by denying public employees’ unions the right to meaningful bargaining, he probably would be gratified to see that this new rally and call for equality is composed of individuals reflecting a rainbow of ethnicity, race and gender.

Backward motion–Because although we have become a nation in which there is greater opportunity for minorities, arguably the gap between the haves and have-nots has grown even larger.

Regardless of ones view on the rights of public employees, it is a testament to our democracy that Dr. Martin Luther King lives on not only in our memories, but  as a contemporary guide to employ the First Amendment to voice our opinions, to assemble and to petition the government with our grievances.

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March Madness: Facebook & Virtual vs Actual Democracy March 25, 2011

Posted by legalethicsemporium in Abortion, Immigration, Law, Ethics & Society, Mindfulness, U.S. Constitution.
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Middle Eastern uprisings sparked by  Facebook connections, public employees protesting in Wisconsin, Arizona’s reaction to protests over its immigration laws, and South Dakota’s new abortion law….March is a compelling month for the study of natural rights and the democratic process.

According to John Locke and our Founding Fathers we are all born with inalienable rights….or more simply stated…We are free and should only be constrained by  a democratic government in which we give up certain rights in exchange for the protection of our fundamental rights–a social contract.  Somehow, a number of dictators around the world didn’t get that memo…Despite that fact, the human spirit remains strong and with the advent of technology, we have seen a new version of democracy in action–the use of Facebook, Twitter, and texting as a means of revolution.

Groundbreaking, history in the making, and certainly worth noting and contrasting with our open society.  Why?  Because democracy is sometimes messy, often adversarial and down right unpleasant. However, underneath the unpleasantness remains the fact that we have a system that is to be cherished as the best method that human beings have been able to create to support fundamental freedoms.

The people of Egypt and other Middle Eastern countries have been able to use technology to accomplish uprisings against governments under which our brand of democracy does not exist.  By contrast the Wisconsin public employees “simply”exercised their constitutional rights to protest government imposed limits on public employees’ labor rights. The ongoing dispute with the state legislators is now headed for the state’s supreme court.

Arizona has developed a reputation as having some of the harshest immigration laws on its books and a governor who openly supports a tough stance.  There have been protests, media coverage and social media discussion criticizing Arizona’s recent laws , including on this blog.  It appears that all the criticism is not good for business as Arizona has lost tourist and other revenue, so recently five newly proposed restrictive immigration laws failed to muster the necessary votes  in the Arizona state legislature.

Finally, South Dakota, a state without a high incidence of abortion, but with a high percentage of republican legislators, has passed legislation that requires “women who are seeking abortions to first attend a consultation at such ‘pregnancy help centers,’ to learn what assistance is available ‘to help the mother keep and care for her child.'” It is probably unnecessary to explain the furor that this has caused in this controversial area….Planned Parenthood has indicated that it will move the debate from the legislature to a courtroom where the interpretation of  a woman’s constitutional rights in this area will be argued and decided upon once again.

Emotionally charged disputes in fundamental areas of society–employment, immigration, pregnancy–controversy abounds. However, regardless of how one feels about public employees’ union rights, immigration rights, or abortion, we can embrace the fact that we live in a country in which we have a right to publicly dispute these issues and a government that has a process by which to revisit and resolve our disagreements.  It might sound like a huge piece of American pie, but given what is transpiring in the Middle East, it seems worth taking a moment to pause and savour the sweet taste of democracy.

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