December 13, 2018

Archives for November 29, 2018

Colorado Gives: Rocky Mountain Children’s Law Center Compassionately Transforms the Lives of Children who Experience Abuse, Neglect or Trauma

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

For more than thirty-six years, the Rocky Mountain Children’s Law Center has improved the lives of more than 25,000 abused, neglected, and at-risk children and youth through compassionate legal advocacy, clinical services, education, and public policy reform.  Using a team of lawyers and social workers, the Children’s Law Center advocates for children in the courtroom, in the community, and at the Capitol.

The Children’s Law Center works to improve the child welfare and foster systems through policy advocacy, working to make children a political priority at the local, state, and national levels. The Children’s Law Center has made great progress in this area. Most recently, they launched Colorado’s first Baby Court in Pueblo – a specialty court providing wraparound services for children ages 0-3 and families involved in Dependency and Neglect cases. They also created the first Colorado Child Protection Ombudsman Program, promoted a 2013 Senate Bill to reduce the number of child abuse fatalities in the state, promoted a 2013 House Bill to streamline the process to report child abuse, and much more.

Here’s how their programs improve kids’ lives:

  • They help children with special education needs thrive in their appropriate school settings.
  • They help children heal and thrive with caregivers when parents are unable to care for their basic needs and wellbeing.
  • Their attorneys and social workers represent children who have experienced domestic violence.
  • They help young adults, most of whom have experienced foster care, obtain basic documentation such as social security cards and birth certificates.
  • Current and former foster youth in their Project Foster Power program advocate to improve the child welfare and foster care systems through policy advocacy.
  • Their Trauma-informed Bloom Yoga program helps kids process and heal from their trauma.

The Children’s Law Center relies heavily on donations to continue providing compassionate legal advocacy to children who have experienced abuse, neglect or trauma. Their annual operating expenses total over one million dollars per year. Please make a gift to the Children’s Law Center on Colorado Gives Day by clicking here or any day by filling out the form on this webpage.

There’s No Such Thing as a Free Lunch — True or False?

Last time, we were introduced to the idea of a universal basic income (UBI). We can assume that the pros and cons have been thoroughly researched and reasonably analyzed, and that each side holds its position with utmost conviction.

We can also assume that none of that reasonableness and conviction will convert anyone from one side to the other, or win over the uncommitted. Reason doesn’t move us: we use it to justify what we already decided, based on what we believe. SeeWhy Facts Don’t Change Our Minds,” The New Yorker (February 2017) and “This Article Won’t Change Your Mind,” The Atlantic (March 2017).

History doesn’t guide us either — see Why We Refuse to Learn From History from Big Think and Why Don’t We Learn From History, from military historian Sir Basil Henry Liddell Hart. The latter contains conventional wisdom such as this:

The most instructive, indeed the only method of learning to bear with dignity the vicissitude of fortune, is to recall the catastrophes of others.

History is the best help, being a record of how things usually go wrong.

There are two roads to the reformation for mankind— one through misfortunes of their own, the other through the misfortunes of others; the former is the most unmistakable, the latter the less painful.

I would add that the only hope for humanity, now, is that my particular field of study, warfare, will become purely a subject of antiquarian interest. For with the advent of atomic weapons we have come either to the last page of war, at any rate on the major international scale we have known in the past, or to the last page of history.

That’s seems like good advice, but it mostly goes unheeded. It seems we’d rather make our own mistakes.

If reasoned analysis and historical perspective don’t inform our responses to radically new ideas like UBI, then what does? Many things, but cultural belief is high on the list. Policy is rooted in culture, culture is rooted in shared beliefs, and beliefs are rooted in history. Cultural beliefs shape individual bias, and the whole belief system becomes sacred in the culture’s mythology. Try to subverts cultural beliefs, and the response is outrage and entrenchment.

All of which means that each of us probably had a quick true or false answer to the question in this week’s blog post title, and were ready to defend it with something that sounded reasonable. Our answer likely signals our kneejerk response to the idea of UBI. The “free lunch”— or, more accurately, “free money” — issue appears to be the UBI Great Divide: get to that point, and you’re either pro or con, and there’s no neutral option. (See this for more about where the “no free lunch” phrase came from.[1])

The Great Divide is what tanked President Nixon’s UBI legislation. The plan, which would have paid a family of four $1,600/year (equivalent to $10,428 today) was set to launch in the midst of an outpouring of political self-congratulation and media endorsement, only to be scuttled by a memo from a White House staffer that described the failure of a British UBI experiment 150 years earlier. UBI was in fact a free lunch; its fate was thus sealed.

As it turns out, whether the experiment failed or not was lost in a 19th Century fog of cultural belief, so that opponents of the experiment pounced on a bogus report about its impact to justify passing the Poor Law Amendment Act of 1834 — which is what they wanted to do anyway. The new Poor Law was that era’s version of workfare, and was generated by the worst kind of scarcity mentality applied to the worst kind of scarcity. Besides creating the backdrop to Charles Dickens’ writing, the new Poor Law’s philosophical roots still support today’s welfare system:

The new Poor Law introduced perhaps the most heinous form of “public assistance” that the world has ever witnessed. Believing the workhouses to be the only effective remedy against sloth and depravity, the Royal Commission forced the poor into senseless slave labor, from breaking stones to walking on treadmills. . . .

For the whole history lesson, see “The Bizarre Tale Of President Nixon’s Basic Income Plan.”

And so we’re back to asking whether UBI is a free lunch or not. If it is, then it’s an affront to a culture that values self-sufficiency. If it isn’t, then it requires a vastly different cultural value system to support it. The former believes that doing something — “making a living” at a job — is how you earn your daily bread. The latter believes you’re entitled do sustenance if you are something: i.e., a citizen or member of the nation, state, city, or other institution or community providing the UBI. The former is about activity, the latter is about identity. This Wired article captures the distinction:

The idea [of UBI] is not exactly new—Thomas Paine proposed a form of basic income back in 1797—but in this country, aside from Social Security and Medicare, most government payouts are based on individual need rather than simply citizenship.

UBI is about “simply citizenship.” It requires a cultural belief that everybody in the group shares its prosperity. Cultural identity alone ensures basic sustenance — it’s a right, and that right makes Poor Laws and workfare obsolete.

The notion of cultural identity invites comparison between UBI and the “casino money” some Native American tribes pay their members. How’s that working? We’ll look at that next time.


[1] Yes, Milton Friedman did in fact say it, although he wasn’t the only one. And in a surprising twist, he has been criticized for advocating his own version of UBI.

 

Kevin Rhodes studies and writes about economics in an effort to understand the world his kids are growing up in, which is also the world he’s growing old in. You might enjoy his latest LinkedIn Pulse article “The Fame Monster: Rockstars And Rockstar Entrepreneurs.”

Colorado Court of Appeals: Announcement Sheet, 11/29/2018

On Thursday, November 29, 2018, the Colorado Court of Appeals issued three published opinions and 30 unpublished opinions.

People v. Johnston

People v. Lancaster

In re Estate of Little

Summaries of these cases are forthcoming.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 11/28/2018

On Wednesday, November 28, 2018, the Tenth Circuit Court of Appeals issued no published opinion and seven unpublished opinions.

Bilder v. Mathers

United States v. Daniels

United States v. Magnan

Leon v. Summit County

Agrawal v. Ogden

McDonald v. Arapahoe County

Vue v. Whitaker

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.