Tuesday, March 5, 2024

The Supreme Court, Jack Smith, and the Death of the Rule of Law II

 Special Counsel Jack Smith's Office | Statement of Special Counsel Jack  Smith | United States Department of Justice 

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.

 

 

Thursday, February 29, 2024

The Supreme Court & the Death of the Rule of Law

 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.

Wednesday, February 28, 2024

Fascism Rising & the Burning of the Reichstag: February 27, 1933


 

Fascism means an extreme concentration of power in one person who thereby rises above the law. Such irrational power concentration always arises from lies, delusions and hatred--such as racism. It always leads to violence, bloodshed and war. From its origins in Italy after World War I through today as manifest in Donald Trump, and his comrades in arms, Vladimir Putin, Kim Jong Un and Xi Jinping, it always fails and leads to destruction and mass death. Human rights violations and oppression universally accompany fascism. Even a cursory review of history reveals that fascism entails pain, misery, and mass murder. Yet, fascism rises across the world and even in America. Tuesday, November 5, 2024, will determine whether fascism will march forward in the world or fail to overcome the freedom, prosperity and determination of the West. I will chronicle this contest here.

Along the way we will explore the history of fascism and its manifold failures. Fittingly,    today coincides with the 91st anniversary of the Burning of the Reichstag. This event launched Adolph Hitler toward totalitarian dictator. The next day the German President Paul von Hindenburg suspended civil liberties. Opposition to Nazis effectively became a crime. Today, controversy surrounds the Burning of the Reichstag. The new consensus in Berlin holds that the Nazis did it. In any event, it became a Big Lie that supported the onset of fascism in Germany. Things did not end well for the German people nor the wider world--over 8 million Germans perished.

Donald Trump already called for the suspension of the Constitution so that he may seize power. He promises to be a "dictator" on day one of his new administration. He claims power to override the Constitution via executive order--the first President to ever make such an outlandish claim. Trump will never concede defeat and acquiesce in the peaceful transition of power as he proved on January 6, 2020 when he led an insurrection rather than concede defeat. 

Trump proved he will never consent to the peaceful transition of power. Which is why his admission that he seeks to exercise dictatorial power on day one of his new administration should he win the election must be taken seriously:

It is hard to imagine a more clear and present danger to our Constitutional Republic than Trump's own admission that he seeks dictatorial power.

 

Thursday, May 20, 2021

Tulsa Race Massacre Centennial Symposium

The Tulsa Law Review will host a special symposium issue of the law review as part of a commemoration of the 1921 Tulsa Race Massacre with a one-day live/hybrid event on May 21 and publication of the papers in September 2021.

During the Tulsa Race Massacre, which occurred May 31–June 1, 1921, a white mob attacked residents, homes and businesses in the predominantly Black Greenwood district of Tulsa, Oklahoma. The event remains one of the worst incidents of racial violence in U.S. history and one of the least-known; news reports were largely squelched, despite the fact that hundreds of people were believed to have been killed and thousands left homeless.

May 21 @ 9:00 am - 5:00 pm

Virtual Event Free: Register Here


This one-day conference will feature the work of law professors, artists, poets, Black Wall Street business owners and historians.

Suzette Malveaux, provost professor of civil rights law at the University of Colorado School of Law, will provide the keynote address. For six years, Malveaux served as pro bono counsel to the plaintiffs in Alexander v. State of Oklahoma, a suit filed against Tulsa by victims of the 1921 Tulsa Race Massacre. As part of a team of attorneys, she represented the victims before the federal courts, the Inter-American Commission on Human Rights (Organization of American States) and the U.S. House of Representatives.

Other featured law professors will include Keeva Terry of Howard University School of Law; andre cummings of the Bowen School of Law at the University of Arkansas at Little Rock; Amos Jones, executive director of the African American Trust for Historic Preservation; Angela Addae of the University of Oregon School of Law; and many others. Confirmed participants include Dwight Eaton, a descendant and owner of Black Wall Street Liquid Lounge; TU Professor Kristen Oertel, who will present a talk titled Black Indians, Red Dirt: A Brief History of African Americans in Indian and Oklahoma Territories, 1840–1907; and Professor DeWayne Dickens, who will present a talk titled Learning from Greenwood: When Voices Are Silenced.


Tuesday, April 6, 2021

Race and Policing in America - St. Thomas University Law Review Symposium

 


All times are Eastern.  

To register and attend by Zoom for free, click here.

Monday, March 22, 2021

Momentous Appointment

The Biden administration's nomination of and subsequent Senate confirmation of Secretary of the Interior Deb Haaland is a monumentally important moment in our nation's history.  Secretary Haaland becomes the first Cabinet level Secretary of Native American descent in the history of the nation.  This after Ms. Haaland served as the first native Congressperson (along with Sharice Davids of Kansas, both elected in 2018) in U.S. history.  This nomination and confirmation is critical for many reasons, including according to Secretary Haaland herself:  “A voice like mine has never been a Cabinet secretary or at the head of the Department of Interior,” she wrote on Twitter before the vote. “Growing up in my mother’s Pueblo household made me fierce. I’ll be fierce for all of us, our planet, and all of our protected land.”

The New York Times reports:  "Representative Deb Haaland of New Mexico made history on Monday when the Senate confirmed her as President Biden’s secretary of the Interior, making her the first Native American to lead a cabinet agency.  Ms. Haaland in 2018 became one of the first two Native American women elected to the House. But her new position is particularly redolent of history because the department she now leads has spent much of its history abusing or neglecting America’s Indigenous people.  Beyond the Interior Department’s responsibility for the well-being of the nation’s 1.9 million Native people, it oversees about 500 million acres of public land, federal waters off the United States coastline, a huge system of dams and reservoirs across the Western United States and the protection of thousands of endangered species."

Secretary Haaland said the following at her Senate confirmation hearing:  “You’ve heard the Earth referred to as Mother Earth, it’s difficult to not feel obligated to protect this land. And I feel every Indigenous person in the country understands that.”

Again, per the NY Times: "Ms. Haaland will quite likely assume a central role in realizing Mr. Biden’s promise to make racial equity a theme in his administration. Ms. Haaland, a member of the Laguna Pueblo who identifies herself as a 35th-generation New Mexican, will assume control of the Bureau of Indian Affairs and the Bureau of Indian Education, where she can address the needs of a population that has suffered from abuse and dislocation at the hands of the United States government for generations, and that has been disproportionately devastated by the coronavirus."

A hearty congratulations to Secretary Haaland on this momentous appointment, to President Biden for the foresight to seize this moment, and for an appointment that was far too long in the making.


photo in the public domain

Friday, March 19, 2021

Corporations Become Unlikely Financiers of Racial Equity

Corporate giving has exploded since the racial reckoning in summer 2020 brought on by the police killings of George Floyd and Breonna Taylor.  Corporation donations have far outpaced donations from foundations and individual philanthropists since the summer of Black Lives Matter protests, per the philanthropy research organization Candid.  "Companies donated or pledged about $8.2 billion of the $12 billion in total contributions earmarked for racial equity--the 'first time direct corporate giving to racial equity cases has reached this magnitude'--said Andrew Grabois, Candid's corporate philanthropy manager."

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


Thursday, March 4, 2021

Count the Black Lawyers

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 3rd, 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. 

Thursday, February 25, 2021

Cherokee Nation Requests that Jeep Discontinue Use of "Cherokee" Name

Chuck Hoskin, Jr., the principal chief of the Cherokee nation has asked carmaker Jeep to change the name of its Grand Cherokee vehicle stating that Jeep's use of the name without the tribe's permission is troubling and perpetuates international misinformation of the Cherokee people.  According to Hoskin "The use of Cherokee names and imagery for peddling products doesn't deepen the country's understanding of what it means to be Cherokee, and I think it diminishes it somewhat."  As might be expected for those that have followed American Indian cultural appropriation throughout the last several decades, the carmaker is resisting such a move claiming that the name "honors" the tribe.

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

Monday, February 15, 2021

MAGA'S CRAVEN WAR ON DEMOCRACY & VIOLENT EMBRACE OF INSURRECTION

How the attack on the U.S. Capitol unfolded | PBS NewsHour 

Eyewitness accounts regarding the events of January 6, 2021 give us the most reliable version of what happened that dark day. Particularly those eyewitnesses from the Republican Party who do not seek partisan advantage. For example:

"What happened here today was an insurrection incited by the President of the United States."

Republican Senator & former Presidential Nominee Mitt Romney, Jan. 6, 2021. 

"Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump. His use of the presidency to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice."

Former Trump Defense Secretary and Marine Corps General James Mattis, Jan. 6, 2021.

"The mob was fed lies. They were provoked by the president and other powerful people. And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like."

GOP Senate Majority Leader Mitch McConnell, Jan. 19, 2021

"Today was a dark day in the history of the United States Capitol… We condemn the violence that took place here in the strongest possible terms… To those who wreaked havoc in our Capitol today, you did not win. Violence never wins. Freedom wins."

Trump Vice-President Mike Pence, January 6, 2021.

"These men and women in the uniform, they got overrun. One officer got killed…they got broken arms. You don’t understand what was transpiring at that moment and that time. . . . People brought ropes. . .[T]hey were well planned for it. They scaled walls. . . . They, they overtook the place.”

"Let me be clear: Last week’s violent attack on the Capitol was undemocratic, un-American and criminal…And make no mistake: Those who are responsible for Wednesday’s chaos will be brought to justice…The president bears responsibility for Wednesday’s attack on Congress by mob rioters."

GOP House Speaker Kevin McCarthy, Jan. 13, 2021 

"Today, the people's House was attacked, which is an attack on the Republic itself. There is no excuse for it. A women died. And people need to go to jail. And the President should never have spun up certain Americans to believe something that simply cannot be."

GOP Rep. Chip Roy, Jan. 6, 2021.

WOW!  The US Capitol became a combat zone on January 6.

The legal upshot of the above is Trump and his cultists levied war against the US in violation of 18 USC section 2381! They engaged in an insurrection in violation 18 USC section 2383!

These provisions carry severe criminal sanctions and section 2383 prohibits insurrectionists from ever holding federal office again. Trump also disqualified himself from federal office under the Fourteenth Amendment, section 3. As painful as it may be, the Biden Administration has little choice but to fully investigate these potential violations of law immediately. Donald Trump in particular must face swift justice. .

In his unending fantasy and lies of victory, President Donald Trump unleashed a violent coup on our democracy, our constitutional republic and ultimately our freedom in the lawless pursuit of autocracy, dictatorship, and dimwitted megalomania. 

This directly aided and abetted the ongoing efforts of Vladimir Putin to use Russian New Generation Warfare (RNGW) to weaken, undermine, subvert, and diminish the power of the USA to defend itself and its interests and allies across the world. As Lt. General H.R. McMaster explains RNGW aims to weaken the US and other democratic societies through the sustained use of misinformation. They seek to “disrupt, divide and weaken” American democracy. Yet, again the Trumpists continue to toss the nation and its people into bloody pitched battle with each other while doing the bidding of Putin.



Addendum:

"[T]here can be no soft-pedaling what happened and no absolution for those who planned, encouraged and aided the attempt to overthrow our democracy, Love of country demands nothing less. That’s true patriotism.” 

Karl Rove, writing in the Wall Street Journal, Former Republican Political Operative, January, 6, 2022.

"The importance of January 6th as an historic event cannot be overstated. I was honored and proud to join my daughter on the House floor to recognize this anniversary, to commend the heroic actions of law enforcement that day, and to reaffirm our dedication to the Constitution.  I am deeply disappointed at the failure of many members of my party to recognize the grave nature of the January 6 attacks and the ongoing threat to our nation.”

Former Republican Vice President Dick Cheney, January 6, 2022. 

January 6th, 2021 was a dark day for Congress and our country. The United States Capitol, the seat of the first branch of our federal government, was stormed by criminals who brutalized police officers and used force to try to stop Congress from doing its job. This disgraceful scene was antithetical to the rule of law. One year later, I am as grateful as ever for the brave men and women of the U.S. Capitol Police who served our institution bravely that day and every day since. I continue to support justice for those who broke the law.

GOP Senate Minority Leader Mitch McConnell, January 6, 2022. 

On the first anniversary of January 6, GOP Senator Ted Cruz and Trump-appointed FBI Director Christopher Wray called the violence "a violent terrorist attack on the Capitol" and "domestic terrorism," respectively.


Tuesday, January 26, 2021

President Biden Signs Executive Order To End the Use of Private For-Profit Prisons

Wikimedia Commons
Philadelphia County Prison
In an important move that returns federal government policy to the Obama era, today President Biden signed an executive order calling on the Department of Justice to ends its use of private prisons.  While this executive order does not end federal government reliance on for-profit immigration detention centers, it does require that no future contracts with private prison operators be entered into between the federal government and private prison corporations CoreCivic, GEO Group and others.  Use of the executive order to end private for-profit prison reliance has proven difficult politically as Obama ended their use before the 2016 election, but once Trump entered the White House, he rescinded the policy and made robust use of private prisons for federal prisoners as well as immigration detention.

This executive order, while lauded as a positive step in addressing mass incarceration and systemic racism, will not permanently end its practice.  Legislation outlawing private prisons would be a more permanent solution.  Or, a judicial pronouncement that private for-profit incarceration is unconstitutional would effectively end the use of private prisons as well.  An Arizona 501(c)(3), Abolish Private Prisons, has filed a lawsuit in Arizona federal district court on behalf of inmates housed in private prison facilities, arguing that for-profit incarceration is unconstitutional under the 13th, 14th and 8th amendments as well as a violation of the non-delegation doctrine.  The lawsuit Nielsen v. Shinn is currently pending in Arizona federal court.  

The complaint filed by plaintiffs, together with the Government motion to dismiss, the plaintiff's motion in opposition and the Government's reply can all be viewed here





Monday, December 14, 2020

Corporate Justice at the Micro Level

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.