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Law and Policy

Strike Threats

I’m a member of the Professional Staff Congress — City University of New York (PSC-CUNY) a local union of the American Federation of Teachers. This isn’t an ideological commitment for me; the union extracts dues from my pay regardless of whether I join. If anything, during my years as a corporate attorney I was leery of labor unions, though my limited knowledge of the history of union activity suggests that, like most human activities, unions have done some good and some bad over the years.

PSC-CUNY has been without a collective bargaining agreement for three years. They are now making strike noises. So here is a question for my theology-and-ethics inclined readers: what do I do if the union calls a strike? Under New York’s “Taylor Law,” as I understand it, it’s illegal for public workers (including CUNY faculty) to go on strike. Obviously the New York State government is a Romans 13 authority that I must respect.

But what about the union leadership and the faculty officers in my college? Are they in any sense “authorities” whose contrary instructions about a job action I also must respect? Is a job action the sort of “civil disobedience” that would permit me to disobey the Taylor Law? In this regard, what are the principles of civil disobedience when my individual situation is just fine — I’m satisfied with my own pay, work schedule and benefits — but my “union brothers and sisters” feel aggrieved? Does a law that unequivocally prohibits public workers from exercising the “right” to strike, coupled with hardball negotiating tactics from management, present the kind of systemic injustice that violates God’s higher law?

And, what about the pragmatic side of a strike? If my department supports a strike, and I cross the picket line, my prospects for tenure will be over. In that event, should I accept that consequence and start looking for another job? Or would I be justified in following the union leadership in the strike even if a principal motivation for me individually is to ride out the storm so that I can preserve my hopes of eventually gaining tenure?

Finally, if the union does call a strike, how would I look in a McDonald’s uniform, and would you like fries with that?

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Recent Legal Scholarship

For those who are interested in the arcana of legal scholarship, my article on international patent law and access to medicines has been published in the Vanderbilt Law Review. In addition, tonight I will participate in a panel discusson of a paper by Siva Vaidhyanathan of New York University. My notes are online.

You can keep track of such news, if for any reason you might want to, on my home page.

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The Grand Canyon and the Creation – Evolution Debate

Today’s New York Times features a well-balanced article about the differing perspectives of two different groups of rafters floating through the Grand Canyon. One group was a “young earth” creationist tour, the other a tour organized by evolution apologists.

I was pleased to see an article in the Times that presented “fair and balanced” reporting of the different views in play. The YEC (young earth creationist) folks didn’t come across as backwoods yahoos or right wing nutcases, but rather were presented as sincere religious believers who were trying to make sense of their faith. I’m glad for that.

Yet, I ultimately found the article depressing for what it says about the evangelical subculture’s relationship to both the Bible and science.

Categories
Spirituality

Slouching Towards Midlife

I read this in the Wall Street Journal yesterday: “If you’re in your 40’s, you are probably pulling down a bigger paycheck than ever before, and your portfolio has never been fatter.” This year I turn 39, so I’m not quite in the WSJ’s cohort. Still, I have to wonder how many people really fit this description.

I thought about this earlier this evening I ate a chicken sandwich at a Wendy’s overlooking Madison Square Park in New York. A little more than five years ago, I was part of a legal team representing a major financial services company with headquarters facing the same park. I probably looked at the same view from thirty stories up in one of my client’s conference rooms. I had no idea then that I’d be sitting today in a Wendy’s only a few blocks away, no longer a big-firm lawyer with Fortune 25 clients, but a junior Professor in a City University college. I had no idea five years ago that I’d be pulling down a much smaller paycheck, with no “portfolio” to speak of, as I approach my 40’s. I had no idea five years ago that I’d leave the “certainty” of a big law firm partnership for a risky new career in college teaching.

All of this reminds me of James chapter 4:

Now listen, you who say ‘Today or tomorrow we will go to this or that city, spend a year there, carry on business and make money. Why, you do not even know what will happen tomorrow. What is your life? You are mist that appears for a little while and then vanishes. Instead, you ought to say ‘if it is the Lord’s will, we will live and do this or that.'”

I have no idea where I’ll be five years from now. I’m grateful that God provided an interesting, flexible teaching position at a unique college in Manhattan, and that he’s given me some success in my academic writing. I’m grateful also for the new web development skills I’ve learned in my outside consulting work, and that I’ve recently been able to represent some clients again in small “everyday” legal matters. I hope I can build my academic reputation, earn tenure, and develop my side businesses to the point where I can start saving real money again for my kids’ futures. But all of this ultimately is out of my hands. God, help me to be faithful today, to rest in your good and perfect will, and to trust you for tomorrow.

Categories
Humor

What's in Your Beverage?

I had a Fresca with my Pizza tonight and happened to read the list of ingredients. They include, as expected, water, grapefruit juice, citric acid, and some preservatives, but how about this: “glycerol ester of wood rosin” and “brominated vegetable oil.” A little research disclosed that these are common ingredients in citrus-based sodas, which are used to stabilize the emulsion produced by mixing water and fruit oils. Anyone for a can of wood and vegetable oil? It’s yummy, really.

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Hawthorne Christian Academy Golf Outing Score: 77

Well, ok, it was best ball, but I did hit a few good shots.

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ID on Trial — the New Scopes?

There was an interesting editorial in the October 1 New York Times by Kenneth Woodward that essentially suggests religious believers should accept evolution as explanatory of everything but ultimate questions of causation concerning origins. I’m glad to see a NY Times editorial that doesn’t bash religion, but unfortunately Woodward’s arguments are confusing and confused.