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Hayek Program Podcast - “Markets in Education” with David Schmidtz
The NewsWorthy - States Sue, CDC Warning & Facebook Dating – Wednesday, May 2nd, 2018
All the news to know for Wednesday, May 2nd, 2018!
Today, we're talking about several states suing the federal government, how President Trump's former doctor is changing his story and a warning from the CDC.
Plus: a lot of Facebook news, including a new dating feature and new privacy tool.
All that and much more in less than 10 minutes.
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.
The Gist - How We Screwed Over Puerto Rico
On today’s Gist, thick-as-bricks Lego thieves come a-tumbling down.
Hurricane recovery has been a disaster in Puerto Rico. NPR’s Laura Sullivan wanted to know why. So she found documents revealing a FEMA in shambles. She traced Puerto Rico’s economic troubles back to a 1996 tax vote. And she explains how the island’s remaining wealth was wiped out by years of shady municipal debt deals. Sullivan’s report for NPR and Frontline is called “Blackout in Puerto Rico.” You should really watch it.
In the Spiel, is it spring yet?
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Social Science Bites - Alison Liebling on Successful Prisons
In determining what makes a successful prison, where would you place ‘trust’? Alison Liebling, a criminologist at the University of Cambridge and the director of the Institute of Criminology’s Prisons Research Centre, would place it at the top spot. As she tells interviewer David Edmonds in this Social Science Bites podcast, she believes what makes a prison good is the existence and the practice of trust.
As this recording makes clear, these aren’t starry-eyed recommendations from a novice observer. Liebling has years of going into dozens of individual lockups, and believes that good prisons are possible. “A good prison,” she details, “is one where prisoners feel safe and the environment is not threatening – and therefore they can concentrate on their own personal development.” That environment means inmates are “reasonably decently treated, not worried about getting from A to B, the regime works in a fairly predictable and clear way, and the staff are approachable,” among other things.
While she has met with ‘why bother?’-type resistance from hard-boiled staff and prisoners surrounding her research, her retort is quick and usually effective: “There isn’t any better method than research for authentically describing this invisible world.”
The best prisons, she says, are the ones that “see prisoners as people first.” This isn’t a prescription to be naïve, and she subscribes to what Onora O’Neill describes as “intelligent trust” in dealing with prisoners. Good corrections officers already intuit the concept, she adds: they are “subtle readers of human behavior ... making fine judgements about gradations of trust.”
For her research, Liebling has adopted “appreciative inquiry,” which she came too almost accidentally while trying to discover a way to describe what works in a prison and how do prisons differ from each other. (“It wasn’t a research tool, or at least it wasn’t until I corrupted it!” she jokes.) Just as plants follow the sun, appreciative inquiry also follows the heliotropic principle, trying to identify and then support what gives life energy to people or organizations. “So instead of telling me about your offending,” she would ask, “tell me something you’re most proud of.”
Talk about working in the prison environment (“I always felt really at home”), the idea that prisoners themselves my feel vulnerable, how to build trust, and how prison policies have improved over Liebling’s career – and how that improvement has stalled
Liebling has published several books on these topics, such as 1992’s Suicides in Prison, 2004’s Prisons and their Moral Performance: A Study of Values, Quality and Prison Life and The Effects of Imprisonment with Shadd Maruna in 2005, and Legitimacy and Criminal Justice, an edited volume with Justice Tankebe, in 2013.
SCOTUScast - Encino Motorcars v. Navarro – Post-Decision SCOTUScast
Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….”
Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit, determining that the regulation at issue was procedurally defective and remanded the case for the Ninth Circuit to reconsider without “placing controlling weight” on the DOL regulation. On remand, the Ninth Circuit, using the distributive canon of statutory interpretation, held that the FLSA exemption did not encompass service advisors. The Supreme Court again granted certiorari.
By a vote of 5-4, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Thomas, the Court held that “service advisors are exempt from the overtime-pay requirement of the FLSA because they are ‘salesm[e]n...primarily engaged in...servicing automobiles.’ §213(b)(10)(A)." Justice Thomas’ majority opinion was joined by the Chief Justice and Justices Kennedy, Alito, and Gorsuch. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer, Sotomayor, and Kagan.
To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Cato Daily Podcast - Cross-Border Pollution As Local Nuisance
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Crazy/Genius - Introducing Crazy/Genius
On Crazy/Genius, host Derek Thompson asks big questions about everything from online dating to blockchain to space exploration. Is technology moving us forward or backward? How did we get here — and where are we headed? Starting May 10.
Music by Breakmaster Cylinder.
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Pod Save America - “Zombie Correspondents’ Dinner.”
Michelle Wolf destroys democracy with jokes at the White House Correspondents’ Dinner, and Trump moves closer to withdrawing from the Iran deal. Then CNN’s Jake Tapper joins Jon, Jon, and Tommy to talk about politics, the press, Trump, and his new book, The Hellfire Club. And DeRay Mckesson calls in to talk about Seattle’s move to abolish marijuana convictions, and the brand new season of Pod Save the People.
The NewsWorthy - Iran Nuclear Deal, Facebook Downvoting & The Simpsons – Tuesday, May 1st, 2018
All the news to know for Tuesday, May 1st, 2018!
Today, we're talking about a little relief for U.S. allies, secret docs about Iran's nuclear program and more teacher strikes.
Plus: Facebook downvoting, women in sumo wrestling and The Simpsons.
All that and much more in less than 10 minutes.
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.