Relentlessly entertaining, life-affirming stuff, crackling with muscular energy.

The most exciting and substantial Coleman release of the last few years.

A calmer, more measured set than fans of the man’s music might be expecting.

An underwhelming second album that misfires more than not.

Ten-year overview showcasing the talent of an electro A-lister.

A stars-bound journey away from the drudgery of everyday ordinariness.

Second set from Glaswegian electro duo, successfully expanding their debut’s palette.

Authoritatively compiled 60-track collection of RnB classics.

A soulful soundtrack that transcends the language barrier on its emotional journey.

The charismatic singer tackles Britain’s folk song tradition for St George’s Day.

These original recordings possess a magical charm.

At his best, he’s a composer capable of producing enduring masterpieces.

Supply Chain and Omnichannel Commerce Solutions provider Manhattan Associates Inc., has reported revenue of $266.7 million for the third quarter ended September 30, 2024. GAAP diluted earnings per share for Q3 2024 was $1.03 compared to $0.79 in Q3 2023. Non-GAAP adjusted diluted earnings per share for Q3 2024 was $1.35 compared to $1.05 in Q3 2023.

Numerous new developments in CONTACT’s Elements platform and innovative digitalisation strategies will take centre stage at this year’s Open World.

Business group Logistics UK has expressed its members’ mixed emotions about the new government’s first Budget. While the industry is reassured by the freeze in fuel duty, the hike in National Insurance contributions from employers and higher business rates, amongst other tax rises, will be a real challenge for a sector that operates on small margins.

Printing and Labelling Technology Report

Manufacturing & Logistics IT Magazine spoke with leading analysts, vendors and associations about current developments within the printing and labelling technology marketplace about recent developments and what to look out for over the next year or two.

72% of FTSE 100 companies list threats to their supply chains amongst their principal risks, shows new research by supply chain management consultancy INVERTO, part of Boston Consulting Group.

By Georgia Leybourne, Chief Marketing Officer, Linnworks.

Success in ecommerce and retail today hinges on consumer convenience. It is fast becoming a powerful tool in the e-commerce industry, transforming the way businesses engage with their customers and increasing sales through social commerce.

Lars Pruijn, Innovation Director, and Lorenzo D'Arsie, Computer Vision Product Manager at Prime Vision, examine computer vision technology and the new opportunities it provides in the postal and parcel sectors.

The document by the Justice Department helped provide an after-the-fact rationale for harsh procedures used by C.I.A. on high-level leaders of Al Qaeda.

The lineup is intended to spotlight party moderates while underlining a central theme of the Republican gathering: President Bush's response to the Sept. 11 attacks.

The advertising push behind Michael Moore's new documentary is angering some Republicans, who say it is little more than a commercial campaign devised to help Senator John Kerry.

The summer of Black Lives Matter protests responding to the police killings of George Floyd, Breonna Taylor and Rayshard Brooks, among others, has led to stunning commitments from major banks and corporations to commit to social justice and promoting practices to recruit, hire and retain underrepresented populations, including black Americans, Latinx and female colleagues.  American Express just announced its pledge to invest $1 Billion to advance racial and gender equity.  JP Morgan Chase in October announced a $30 Billion commitment to advance racial equity.  Similarly, Citi and Bank of America have each pledged $1 Billion to promote economic mobility among communities of color.  Goldman Sachs, famously referred to as a vampire squid during the mortgage crisis in 2008, has announced its "Launch With Goldman Sachs" program "to increase capital and facilitate connections for women, Black, Latinx and other diverse entrepreneurs and investors."  These commitments represent huge infusions of capital into causes that these major corporations have just recently found religion upon.  Numerous corporations have made recent pledges to financially support social justice and economic equality including Google, Disney, Facebook, Amazon,  Cisco, DoorDash, Etsy, Home Depot, Intel, TikTok, Lego, Nike, Proctor & Gamble, Fashion Nova, WeWork, and YouTube, among so many others.

Jamie Dimon, CEO of JP Morgan Chase stated in announcing its $30 billion-over-five-year commitment, that “[s]ystemic racism is a tragic part of America’s history. . . . We can do more and do better to break down systems that have propagated racism and widespread economic inequality, especially for Black and Latinx people. It’s long past time that society addresses racial inequities in a more tangible, meaningful way.”

For those long-time followers of the Corporate Justice Blog, these corporate pronouncements may seem ironic or perhaps will be received with trepidation or doubt.  Profit maximization has for years furiously driven corporate leadership to dizzying examples of fraud, corruption, and malfeasance as recorded on these blog pages for years.  Still, these Billion dollar commitments respond to a summer of true discontent and protest over inequality and the value of black lives, and if these corporations are to be taken seriously, these capital infusions could come as true gamechangers.  Will these corporations truly put their money where their commitments are?  And how do we hold these companies accountable to their commitments to advancing racial equality and economic mobility for those communities previously shut out?  

photo: Jamie Dimon, Wikimedia Commons

hat tip: Jessica Smith, 3L, Arkansas Little Rock Bowen School of Law

The Law and Political Economy Project at Yale Law School is hosting the following panel:

The Political Economy of Inequality, Democracy & Oligarchy, on Friday, November 13, 2020 at 5:00 pm eastern time.

This panel discussion will focus upon the erosion of democratic institutions and the rise of oligarchy that has followed in the wake of unprecedented economic inequality. The panel will address elite efforts to entrench themselves politically as well as economically, including the consequences of such efforts in terms of human development. The panel will focus upon the specific context of election 2020 and the uncertainty it is creating. The subversion of democracy and the law governing our democracy naturally holds many costs, and each panelist will address such costs. Each panelist will also seek to articulate some mechanism for a path forward.  Register here

PANELISTS:

Emma Coleman Jordan, Georgetown Law Center

andré douglas pond cummings, Univ. of Arkansas at Little Rock William H. Bowen School of Law

Atiba Ellis, Marquette University Law School

Steven Ramirez, Loyola University of Chicago School of Law

Gerald Torres, Yale Law School

In 2020, pivotal events ushered in a season of antiracism rhetoric in the U.S. The brutal deaths of unarmed black Americans at the hands of police officers and white vigilantes, and the disproportionately harsh impact of COVID-19 in the black American community, launched the nation into a discussion about systemic racism. Unfortunately, it seems likely that the 2020 antiracism discourse was merely seasonal rather than enduring, and unlikely to result in meaningful change. 

Black American’s vulnerability in the face of systemic racism is not limited to death, sickness and injury as a result of COVID-19 or antiblack bias in police departments. Our vulnerability is precipitated by things like lack of access to nonpredatory financial services. This is just one of the contexts that compromise black Americans’ economic survival. Unacknowledged systemic racism destroys the wealth and wellbeing of black individuals, families and communities, sometimes causing working and middle-class black Americans to plummet into poverty. As 2020 comes to a close, an election that threatened democracy in the U.S. and the existential threats of an uncontrolled pandemic, eclipse a system of intentional antiblack racism on the part of the financial institutions that engaged in predatory mortgage lending in the years leading up to and beyond the 2008 recession. It is now well documented that lenders, brokers, and mortgage servicers engaged in conduct that was fraudulent and misleading. The mortgage market charged excessively high rates and fees, engaged in high-pressure sales tactics, imposed unnecessarily harsh prepayment penalties, and distorted loan structures to avoid the application of consumer protection statutes.  But, more than a decade later, many black Americans are still fighting to prevent financial institutions from taking away their homes. 

In a book I coauthored with Dr. Janis Sarra, a law professor at the University of British Columbia, Predatory Lending and the Destruction of the African American Dream (Cambridge University Press, 2020), we describe new iterations of predation that continue to target black consumers years after financial institutions settled litigation that alleged pervasive fraud on their part for steering black Americans into predatory subprime loans. But these renovated predatory practices are obscured by the nation’s focus on COVID-19 and a vitriolic election season. Meanwhile, more black Americans will lose their homes even after investing all or most of their wealth in attempts to keep them. This reality requires the calls for moratoriums on mortgage foreclosures to be answered in the affirmative.

Several years ago, my friend, colleague and mentor, andre cummings, and I created and defined what we call "Corporate Justice."  "At its core, Corporate Justice refers to a responsibility, even a moral obligation, which businesses and corporations have to engage fairly, civilly and responsibly in the world and community that they do business and from which they derive profits. More than that, the concept of Corporate Justice also focuses on the roles that shareholders, policy makers, other stakeholders and the community at large have in fostering a more just and responsible business community."  Our conversation led to the creation of a course, a book, several presentations, and this blog.  In conceptualizing "Corporate Justice," our primary focus was on large corporations and their impact on the world around us.  That perspective influenced much of the work we have completed on the topic as well as the way that we conceptualized its impact.  However, after a recent community event I facilitated here in Miami, Florida, I was presented with a thought provoking question “what does corporate justice mean for small businesses?”  I had never considered this question and realized that I had made a substantial oversight in failing to do so.  Small business are the life line of many communities and they meet the immediate needs of the people in areas in which they operate.  Given that reality, I have begun to critically think about what Corporate Justice at the “micro” level means.  Specifically, do small businesses have the same obligations that we might expect from large corporations?  Over the next few days I plan to think more about this question and welcome your input and insight.  Next week, I will provide you with my initial response.  I look forward to reading about your insights on the issue.  

 

Stellantis, the automobile conglomerate that owns Jeep, formed recently from the merger of Fiat Chrysler and Peugeot, defended its use of the Cherokee name claiming "our vehicle names have been carefully chosen and nurtured over the years to honor and celebrate Native American people for their nobility, prowess and pride."  This argument echoes the same arguments used for decades by Daniel Snyder, the owner of the Washington Football Team (formerly the Redskins) and the owners of the Cleveland Indians (who have also recently agreed to change the team name after phasing out the offensive Chief Wahoo logo a few years ago).  For Stellantis, the Grand Cherokee is one of Jeep's most popular models selling more than 200,000 units in 2020.

Suzan Shown Harjo, long an activist fighting against cultural misappropriation and offensive use of American Indian imagery, is not buying the "honor" argument.  "Of course it's not an honor" states Harjo, "That’s the assumption that was made by so many people about our land, water, gold, silver, copper — name a mineral. Now it’s about our imagery, our names and our cultural icons . . . When does this thievery stop?"  

The Cherokee Nation describes itself as a sovereign tribal government. "Upon settling in Indian Territory (present-day Oklahoma) after the Indian Removal Act, the Cherokee people established a new government in what is now the city of Tahlequah, Oklahoma. A constitution was adopted on September 6, 1839, 68 years prior to Oklahoma’s statehood.  Today, the Cherokee Nation is the largest tribe in the United States with more than 380,000 tribal citizens worldwide. More than 141,000 Cherokee Nation citizens reside within the tribe’s reservation boundaries in northeastern Oklahoma. . . . The Cherokee Nation is committed to protecting our inherent sovereignty, preserving and promoting Cherokee culture, language and values, and improving the quality of life for the next seven generations of Cherokee Nation citizens."

Whether Jeep drops the moniker will likely depend on whether the same kind of financial pressure is brought against Jeep and Stellantis similar to what was brought to bear on Daniel Snyder and the Washington Football Team and corporate entities like Aunt Jemima, Land-O-Lakes and Uncle Ben's.  Each of these entities have been persuaded to change/drop racist depictions and monikers because of the economic pressure of threatened boycotts and sponsorship withdrawals, particularly in light of the 2020 summer of protests following the police killings of George Floyd and Breonna Taylor.

hat tip: Savannah Johnston, Arkansas Little Rock Bowen School of Law, 3L

images courtesy of Wikimedia Commons

I was an associate at Paul Weiss Rifkind Wharton & Garrison from 1988 until 1991. These almost three years were impactful even though my time there was brief. To say that I learned a great deal is an understatement. My work at the firm took me to places like Gracie Mansion, and to Hollywood for several weeks to perform due diligence for a music publishing company. My time there was further evidence of my African American family’s dramatic upward mobility in just six generations. My maternal grandmother was the granddaughter of enslaved African Americans. She worked as a maid and cook before she went back to school. With a sixth-grade education, she passed the New York State licensing exam for cosmetology. She opened a successful hair salon, and she and my grandfather sent my mom to Hunter College. My mother retired decades ago from a successful career as a scientist and school administrator. And when I went to Paul Weiss, I was making more money than anyone in my immediate and extended family had ever made.

There were about 400 lawyers at the firm’s New York office during the years I was there. Only six of those lawyers (associates) were Black/African American. None of the approximately 80 partners were Black.  My time at Paul Weiss was brief because my plan was to become a law professor. But while I was at the firm, I was supported and mentored. That is why I was surprised to see a 2018 LinkedIn photo of the firm’s new partners in which almost all were white and male. None were Black.

Happily, much has changed in the years since I was associated with the firm, and even in the almost three years after the LinkedIn photo. I attended the firm’s webinar (The Biden Administration:  What’s Next for Businesses) on March 3^rd, 2021. Two of the firm’s (Black) litigation partners were on the panel– Loretta Lynch, former U.S. Attorney, and Jeh Johnson, Former Secretary of Homeland Security. After the webinar I went to the firm’s website that reported the following: “27% of our attorneys self-identify as racially diverse compared to the 20% Big Law average” and “Racially diverse partners are 13% of the equity partnership, compared to the 8% national average”. 

After seeing this website report, I was left wondering how many of these “racially diverse” individuals are Black. Paul Weiss played such a significant role in the upward trajectory of my African American family. And Paul Weiss issued a statement in the aftermath of George Floyd’s death. But its racial diversity disclosure had only a fraction of the precision that has made the firm a giant in the legal profession. Law firms can address antiblack racism, if they choose to do so, only if they confront the problem and its impact on the success of Black lawyers. Firms can’t do this if they fail to consider that Black lawyers face issues that are saliently different from those endured by white women, and indigenous, Asian and Latinx individuals. Firms can make their disclosure on these issues more meaningful by counting the Black lawyers. If the numbers are not good (on retention, percentages of partners), it’s time for the firm to engage in some meaningful introspection.

Oh, and one more small, but important point. People of color bring racial diversity to an organization. White people bring racial diversity to an organization. But to say that an individual (a partner, for example) is “racially diverse” is the kind of inaccurate, imprecise language that clouds discussions about difficult issues like antiblack racism. 

Some of the most significant corporate commitments have come from JPMorgan Chase, Microsoft, AMEX, Bank of America, PayPal, Salesforce and Chase.  These large corporate commitments do not account for the other minority-focused investments, such as JP Morgan's initiative to lend more openly to minority owned businesses and black and brown home purchasers.  The corporate giving trend is fueled by changing expectations of younger employees and progressive consumers that expect corporations to become serious about corporate responsibilities to social issues and causes.  Advocates argue that these corporate commitments will not be enough to achieve racial equity in housing, employment and policing, but acknowledge that if these corporations are serious about their commitments, that it can mark an important start.  "'The world is changing, and the expectations of how companies engage are changing,' said Brandee McHale, Citi’s head of community investing and development."

ABC News reports that "[s]ince late May, Grabois said, financial commitments by companies to racial equity causes have grown 'exponentially larger' than any other cause other than COVID-19. A report by McKinsey & Company, which tracked corporate responses from May to October, found that of the top 1,000 U.S. companies, 18% made internal commitments, like diversifying their hiring, and 22% pledged to promote racial equity through donations or other means."

Whether corporate giving to racial equity causes results in systemic change and reform remains to be seen.  Holding corporations to their commitments will likely be an important undertaking.

photo courtesy of wikimedia commons

 The United States invented the Rule of Law through the fragmentation of sovereignty among 51 sovereign authorities each with three branches of government. It further protects individual rights from state and federal infringement. This effectively created a legal system that could all state actors to account before law. While still imperfect in many important ways, Donald Trump took a sledgehammer to the Rule of Law particularly since January 6, 2021.

Today in America the rule of law faces severe challenges and may well face a total sunset. If so, the Supreme Court of the United States played a central role as accomplice. Most notably, today granted review (certiorari) on the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. That question in the abstract may hold academic interest, but the answer lies in many disputes in the future over decades or even centuries. 

Prof. Laurence Tribe, a legendary Constitutional Law scholar, explains the effect of this action:

The Supreme Court effectively gives Trump the potential to now escape any accountability for his role in the insurrection of January 6, 2021. This order puts partisan politics above the Rule of Law. A very dark day for America.

Today, the United States Supreme Court obliterated the Fourteenth Amendment, section 3, in Trump v. Anderson. The language of this section appears simple enough:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The Court held that: "the Constitution makes Congress, rather than the States, responsible for enforcing Section 3." More specifically, the Court held that only Congress may enforce the disqualification of section 3 and that states could only enforce the provision against state candidates for office and state officeholders. Otherwise the nation would face a risk of a patchwork of state outcomes. This, despite the fact that in 1868, shortly after the provision became law, the Governor of the State of Georgia disqualified a federal candidate for office. (See fn 3).

Further, if "only" Congress holds power to enforce section 3 then why did the drafters of the Amendment just insert an "only" in the section granting Congress power. The Court needs that "only" and it simply does not exist. Rather than apply the plain meaning the Court instead pretends there is an only when there is no such word. Section 5 plainly states: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The Court did violence to the statute to protect Donald Trump.

Former Fourth Circuit Judge J. Michael Luttig, a prominent conservative jurist explains:

The Supreme Court did leave one last avenue for accountability under law that the Biden Administration or DOJ Special Counsel Jack Smith could use to disqualify Trump. 18 U.S.C. section 2383 provides:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

The Court cited this section with approval. It would provide a uniform federal solution. And, it arises from an exercise of Congressional power. Even this Court (which works overtime to protect Trump) would uphold such an action. 

Why did Jack Smith (or Attorney General Merrick Garland before him) fail to use this section against the obvious insurrectionist Donald Trump? Or, alternatively, why not bring such an action tomorrow morning? Colorado would provide a form indictment and a trial map, complete with comprehensive evidence?

So, the Court today shifted the spotlight to DOJ with today's SCOTUS ruling. Agreement or disagreement with the Court's opinion no longer matters. Many excellent arguments support the use of section 3 in precisely the manner of Colorado. All moot.

Why did DOJ fail (and continue to fail) to seek disqualification through a criminal action a criminal action? 

The most disturbing and vivid reality of all of this: law failed to hold Trump to account as an oath breaking insurrectionist despite many available pathways.

 

 

 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.

Donald Trump's longest serving and hand-picked Chief of Staff, Four Star Marine General John Kelley, recently confirmed that Trump called those serving in the military "suckers" and those making the ultimate sacrifice for our nation and our freedom "losers." These comments now confirmed through numerous sources prove Trump's unfitness for office. Some background:

The debate rages between the Fraunhofer encoder and the LAME encoder for encoding podcasts. Listen for yourself and see if you can tell the difference.

The post Which is the Best MP3 Encoder for Podcasts? appeared first on Richard Farrar.

This tutorial demonstrates how to use the FREE winLAME audio encoder to quickly and simply encode audio podcasts into MP3 format.

The post How to Use winLAME to Encode Podcasts appeared first on Richard Farrar.

SEVEN gold, three silver and two bronze — the Campbelltown Collegians Athletics Club cleaned up at the NSW Little Athletics state relays over the weekend.

The Sydney South West Zone Little Athletics Championships showed the best the area has to offer in junior competition over the weekend.

From playing to coaching, refereeing to teaching — this Lane Cove teen has shown she is an asset to basketball.

SPEED golf is a sport where you run between holes, trying to finish as quickly as possible yet shoot a low score. Wahroonga couple Roddy Main and Carole Whitehouse competed in the World Championships.