/ Sean Spivey
Thursday, July 02
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The Infancy of Democracy

posted 5 months ago

So I went over to a friend’s house the other evening for a “Movie Night,” and the movie that he had picked to watch was Evita.  I had never taken the time to sit down and watch the film in its entirety, and I’m glad that I finally did. While the musical quality isn’t excellent, there are some good numbers, and more importantly it tells a great story, one that, as the Fourth of July approaches, I think would be important to reflect on.

I was watching Glen Beck the other day (please, don’t ask why I was wasting my time…I can’t really explain why) and he said something to the effect of, “Oh, you’re not wealthy, well guess what, I’m a recovering alcoholic…we all have our lot in life.”  The audacity of Mr. Beck comparing poverty with his own disease aside, it shows a fundamental misunderstanding and lack of appreciation for the dignity and existence of all human life.  Now, I don’t think that every person should be entitled to a three-story house and a Mercedes.  But the story of the descamisados in Argentina is one of extreme poverty, where workers went without the basic essentials like regular meals and running water.  Eva Peron worked through her charity to provide social services to the poorest of her country, and even more importantly she helped lend support to a bill that in 1947 gave women in Argentina the right to vote.

Was Eva Peron perfect?  Of course not.  She and her husband made questionable political decisions in the course of his first assumption to power, but in the days of Mark Sanford and Dick Cheney and William Jefferson and the other countless number of politicians you can think of that have been accused of behavior that is not beyone reproach, this Fourth of July I think the most patriotic thing I can do is think of actors outside of our country that have made an impact for the betterment of their common good, and consider how we might reach for a similar goal.

-Sean Spivey

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Monday, June 15
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http://www.strimoo.com/video/14240840/The-Quinlan-Lecture-2008-Vimeo.html

This is a copy of the speech that Professor Gerken gave regarding the “democracy index” while she was in Oklahoma City in Spring 2008. 

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A Democracy Index For America (and Possibly Abroad)

posted 5 months ago

The big news of the weekend is that, after contentious elections, Iranian President Mahmoud Ahmadinejad was (*allegedly) re-elected to that position.  The immediate question once this news broke, a question that has been voiced by everyone from Vice-President Joe Biden to news media outlets and everyone in-between, is the legitimacy and validity of the results of that election.

This made me think of a lecture that I attended while in law school that was given by Yale Law Professor Heather Gerken.  She spoke to my law school about the subject of her new book, which is election reform. There is a strong consensus, which was personified by the Bush v. Gore case in 2000 disputing the results of the Presidential election in Florida, that there are severe problems in our election system here in the United States, which is arguably the most democratic country in the world.  Fraud, anachronistic processes and a lack of resources, coupled with a “fox guarding the henhouse” environment, have led to problems not just in the 2000 election, but in the 2004 Presidential election, and countless other elections in both state and federal elections.  I can only imagine what the terrain is like in a country like Iran.

So why shouldn’t there be more information gathered and disseminated that quantifies and values certain variables that could be used to track the quality of elections in each of the fifty states?  I mean, when I can’t decide where I want to eat dinner, or if I’m choosing between two hotels when planning a vacation, usually the first indicator that I look to is an online rating.  The rating is an average of several agreed upon indicators, like price, atmosphere, and quality of service.  Why shouldn’t there be the same sort of information available regarding the voting behavior of a particular precinct?

This “democracy index” (as Professor Gerken calls it) could serve two functions, the first being a “ranking” of the states based on the averaging of certain criteria (by finding out how many machines were available (and working) on election day, where there lines while trying to vote, were there enough provisional ballots on hand, etc.).  The second, and probably more important, function would be to compare this data against the processes that each state uses to implement elections (money spent, amount of election inspectors in the field on election day, etc.)  This would allow the academics to determine what methods are most effective in providing successful election processes.

Furthermore, this model could be implemented not just here in America, but elsewhere.  It only makes sense that the country that invented representational democracy should be the first to improve upon its quality and nature.

It could not be clearer that it is a duty of government to ensure that the process of elections take place in the purest form; otherwise, the actions that government takes on behalf of its constituency would be less legitimate. It only makes sense in my mind that Congress should be made to provide for election reform, to ensure that our elections are beyond reproach.

And just as an aside, my thoughts and best wishes go out to the people in Iran who are protesting.  Its both troubling and inspiring to see the events of your country unfold on international news.  While unrest is never healthy for a nation, you are right to demand that the results of your election be free of corruption. Its truly fantastic to see the passion that you hold for the farewell of your civic institutions and your nationhood.  Be safe out there, and keep your spirit.

-Sean Spivey

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Monday, June 08
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The American Automobile Industry: Intersection of the American Dilemma

posted 5 months ago

What’s the old saying: “What’s good for G.M. is good for America…”? Oh how times change.

Now that two of the “Big Three” Detroit-based American automakers have filed for Chapter 11 protection, after the U.S. Government has given a combined total of $110 Billion to the two companies and their subsidiaries, one has to wonder, what exactly did that $110 Billion buy us (or U.S., if you want to consider it in the grand scheme of things).

It has been suggested by some in the Obama Administration that providing funds to failing G.M. and Chrysler was less expensive than the “hidden costs” of premature bankruptcies of these companies, including the costs of unemployment benefits, Medicaid, and possibly municipality bankruptcies that could result from immediate bankruptcy by these companies.  I think it would be wise for the Obama Administration to fully inform the citizenry of the high costs that the motor companies have had to bear in Union benefits, mainly for healthcare, to gardner support for its Health Care Initiative.

I have to admit, I am assuming an underlying value judgment that may not be shared by everyone: I believe that quality, affordable healthcare should be a right, not a privilege.  But beyond the human rights aspect from which this belief stems, it would also be more economical in the long run if America had a more efficient healthcare system that provided preventative care before substantive treatment.  Furthermore, it would relieve industry from some of the financial burdens associated with extensive healthcare costs.

Furthermore, sooner or later America needs to own up to the idea that automobile manufacturing is a costly, environmentally disparaging enterprise.  Automobiles contribute significantly to the ongoing problem of pollution, and America could do better in utilizing mass transit systems, especially in areas oustide of the Northeast and West Coasts of America.  Capitalism is only sucessful when it is efficient, and whether out of greed or mere conveneince, Americans use cars in inefficient numbers.  Additionally, when it comes to our cars, most of us live by the motto “Bigger is Better.”  The Obama Administration should consider proposing a tax for non-agricultural or commerical purchase and use of SUVs and trucks.  If you want to own a Hummer, fine, but you better be prepared to pay for it.

As to my own opinions of the bankruptcies, any insight I would provide is subject to sever scruitny based on my Monday-Morning quarterbacking; but frankly the writing should have been (and probably was) on the wall for these companies for months and months now.  There would have been no way for Chrysler and GM to get out from underneath the multitude of franchise agreements, supply contracts, and various other agreements, without the flexibility and protection of bankruptcy.  And while I respect the tenuous position that the President and Congress were in at the time that the bailout money was approved, I have to wonder if the funds were truly necessary for an organized, planned bankruptcy, or merely the misgivings of a group of risk-adverse and politically motivated (or more cynically, bought) group of lawmakers.  If the latter proves to be the case (and only transparency, coupled with empirical evidence and time will tell), then those politicians who approved of spending our 110B should be taken to task.  But for our part, we (meaning those of us outside of D.C.) need to appreciate the value of multi-tasking, because these problems of ours have some interconnectedness.

-Sean Spivey

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Monday, May 25
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posted 6 months ago

As Memorial Day approaches, I have tried to think of what ways I can honor the service and valor of the American Armed Forces.  I have never served in the military, but I have several family members who have.  My grandfather was involved in active duty, and my mother spent several years of her early adulthood in the Army.  The sacrifices and experiences that these men and women endure go beyond anything that I have ever offered to the greater good, and I don’t think that is said enough.

There has been a lot in the news lately about waterboarding and torture, and rightfully so.  These topics deserve the scrupulous eyes of all Americans, as they go to the very heart of our security, and also our spirit.  While some in the media have marginalized this discussion to a point of another tick on a party platform, or a sound bite to entice or pacify a certain constituency, the discussion deserves much more review.  As a (hopefully) future member of the Bar, my first questions are directed to Judge Jay Bybee and Professor John Yoo, two names that are notorious now, and two very brilliant minds in the legal community.  These men have consistently argued for what students of the law call the “power of the unitary executive.”  When you first hear this, it probably brings back images from the recent “Frost/Nixon” film, when Frank Langella yells “If the President does it, it isn’t illegal.”  Well, I don’t think that even Judge Bybee or Professor Yoo would go that far. If one reads the torture memos, however, there is a substantial “pushing-of-the-envelope” in arguing for the authority of certain enhanced interrogation techniques.  But even the authors of the memos note that the issue of waterboarding presents a “substantial question” as to its legality.

This whole episode strikes a nerve with me personally, because on the one hand I can understand Yoo and Bybee’s situation.  A lawyer’s job in any situation is to advocate on behalf of a client, and I can’t even begin to imagine the amount of pressure that these men were under.  Furthermore, despite the calls for these men to be censured, or disbarred, or even brought up on criminal charges, think about what that would mean for every person who seeks a stringent defense.  Lawyers cannot be handicapped by threats of disbarment simply because they seek to interpret the law in a favorable light for their client.  The law, after all, is fluid.  But there is also a responsibility for members of the bar to follow the spirit of the law, and the spirit of the anti-torture statutes could not be clearer (and neither could the motives of the Executive, in my personal opinion).  Yoo and Bybee provided insight into the legal terrain; President Bush and his representatives did the rest.

I guess my point is, while everyone seems to be out for blood, or restitution, or some form of closure from this torture mess, it would seem that the best check for preventing another situation like the one we faced before would be two things: (1) the political process, and (2) transparency.  President Obama has embodied both up to this point, and I think that is why Americans have responded so well to his administration.  We have cleaned house (at least as far as the West Wing goes), and Obama has promised, and so far delivered, a new level of transparency in the federal government that we haven’t experienced for years.  As they say, sunlight is the best disinfectant.  Now it’s up to us to continue to hold his administration accountable.  For now, let’s just hope that we can close the door on a disgraceful part of our history, and move forward with renewed credibility.  I think this is something that we can all give to the men and women of our Armed Forces, and a great way to celebrate the spirit of Memorial Day.

-Sean

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Monday, May 04
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Bold Leadership for a New Era

posted 7 months ago

It’s not hard to believe that Obama has been in office for (over) one hundred days now, since most of the free world has watched almost his every move on the cable news channels.  But in these first hundred days, Obama has made many hard decisions, both in his selection of cabinet positions and formulation of policy.

I don’t think enough has been said about Obama’s choice to leave Robert Gates as Secretary of Defense, and his selection of General James Jones to serve as National Security Advisor.  To anyone who argues that Obama will serve to be “more of the same, politics as usual” in D.C. I would say that obviously Obama is less concerned with letter at the end of a person’s name, and more concerned with what is best for our ailing country. 

Furthermore, Obama has taken aggressive action to stimulate our economy and get us out of the recession.  Economists say that there are several factors that suggest that the economic situation is poised to improve; in fact, according to some analyst, we may actually be on the upward tick.  Mainly, consumption was up in the last quarter of the 2008 year and the first quarter of this year. Additionally, polling shows that a majority of Americans believe that we (America) are on the right track.  This can only suggest to me that, at the very least, Americans believe that the Obama Administration is improving their overall situation.  And for all of us who have spent the last one hundred days enduring all of the naysaying (however accurate it may or may not be) it is nice to finally have a reprieve with some good news. 

So I think the crux of the matter is, while no sane person would ever substantively judge a task as monumental as the one Obama has in front of him with such an arbitrary and frankly untelling barometer as a one hundred day mark, what can be seen is that Obama does not merely accept the status quo, he (and his administration) is willing to critically think about our nation’s problems, hearing various concerns expressed by a variety of thinkers, and he will take bold action when he believes it is best for the country (though it didn’t technically happen in his first hundred days, I would cite to the Chrysler bankruptcy).  And I think we can all agree that at the very least, this is a good start.

-Sean

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Friday, May 01
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Welcome to Generation O!

posted 7 months ago

What is the “Obama Generation,” you ask? We’d like to know, too. The grassroots coalition that helped Barack Obama win the presidency is unique because it defies so many political stereotypes. Generation O isn’t defined by race, or class, or geography. Instead, we’re a diverse group of young, politically active people who care about a range of causes—from the economy to social issues to international politics and beyond—but are dedicated to finding solutions that transcend partisanship and benefit all of us. Newsweek.com is giving the members to this group a chance to talk directly to (and with) the public about what it’s like to work, live and learn in the age of Obama.

Because most of our generation is technologically plugged-in, it made sense to start a project that all of us could contribute to: a multimedia blog. For the next three months, our bloggers (you can meet the group here) will be checking in from all over the country, posting thoughts on the Obama administration as well as photographs, videos and audio clips from our lives. We’ll be introducting ourselves to you over the course of the week, and after that we’ll post regularly to let you know what we’re up to, what we think of local, national and international goings-on, and how Obama’s decisions are affecting our families, friends and communities. You’re invited to participate, too: we’d love to have you comment on the blog, join the Facebook group, and send in your own stories from time to time. We’re starting this blog with the hope that by connecting Obama supporters around the country and giving them the chance to compare stories and experiences, we’ll be able to figure out what it means to be a part of Generation O. We hope you’ll stick around, and enjoy!

-Aku

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