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Star player who expressed interest in going to an HBCU may shake up how athletes select a college

by Jasmine Harris, Ursinus College

Mikey Williams, one of the nation’s best 15-year-old basketball players, sent shockwaves through the sports world when he tweeted that he might go to a historically black college or university, also known as an HBCU. Here, Jasmine Harris, a researcher who studies student-athletes, elaborates on why Williams’ potential decision is generating so much interest.

Mikey Williams dribbles through a crowd during the Pangos All-American Camp on June 2, 2019 at Cerritos College in Norwalk, CA. 

 

1. What’s the big deal?

There is a lot of money at stake. Before he became an NBA star, Zion Williamson was worth an estimated US$5 million per year for Duke University. That figure is based on media exposure, marketing deals and ticket sales.

Williamson is not unique. Many a college sports star have made a lot of money for their college. Convincing a talented high school player to commit to a particular school is one of the most critical aspects of recruitment. A star player can help a school generate lots of revenue and expand their sports program. This is why I believe that college sports programs are more like businesses than part of a school.

HBCUs are historically underfunded. For that reason, HBCUs can’t recruit as competitively as some of their Division I peers. Without the funds to build programs and modern facilities capable to showcase star players in their quest to go pro, HBCUs are unlikely landing spots for the country’s most talented student athletes.

When HBCUs can’t attract the best young players, they miss out on the larger shares of NCAA revenue they could get from televised games, March Madness tournament participation and apparel and ticket sales. An HBCU has never won an NCAA national championship in football or men’s basketball. Instead, HBCUs compete in their own championship tournaments for the semi-segregated Mid-Eastern Atlantic Conference (MEAC) and Southwestern Atlantic Conference (SWAC). One player may not change the entire system, but one player can make a big difference for an individual school.

2. Is there anything special about the timing?

The convergence of increased discontent regarding the COVID-19 pandemic, news coverage of videos that show the killing of George Floyd at the hands of police, and the persistence of racist rhetoric, has created a perfect storm to re-envision which college a young black student should choose. College men’s basketball teams are made up of 56% black players student-athletes, but only about half of those athletes graduate from college after six years, in some cases that number is well below 50%. Less than 2% will be drafted into professional leagues.

These are black kids who are grappling in real time with their own racial identities, their place in the social hierarchy, and the systemic disadvantages of race in the U.S.

As the NCAA tries to maintain institutional status quo where student-athletes are prevented from being paid for sports participation, while players advocate for their right to generate their own revenue, black student-athletes like Williams are recognizing their role in the financial health of the schools for which they choose to play. As Williams stated on Instagram, “WE ARE THE REASON THAT THESE SCHOOLS HAVE SUCH BIG NAMES AND SUCH GOOD HISTORY … But in the end what do we get out of it?”

Committing to play for an HBCU isn’t just a neutral, short-term decision in this case. The potential for change instigated as a result of a top player rejecting a predominantly white college in favor of an HBCU is particularly significant, specifically in 2020 as black colleges struggle to stay afloat, but also more possible than ever.

3. Can just one player shake things up?

In the short term, probably not. However, Williams has the potential to influence other players in the future – and that may be more important. Colleges and universities depend heavily on revenue from men’s basketball and football games to maintain stable operating budgets across the entire institution. The COVID-19 pandemic has exposed how precarious the financial relationship is between sports and Division I programs. Forfeiting 2020 revenue means these schools will have even thinner margins, and reduced budgets in the years immediately after the pandemic. This will create greater opportunity for a reorganization of the Division I sports hierarchy.

If Williams were to attend an HBCU, his presence would immediately improve the school’s bargaining position for television contracts and marketing deals. It could also lead to an increase in ticket sales and attract additional potential star players.

His decision could ultimately change how star high school athletes choose which college to attend. And if more choose HBCUs, these players have the power to shift a longstanding system which benefits predominantly white schools, to one where black colleges can become more competitive in sports.


Republished with permission under license from The Conversation.

‘This Is No Game’: Trump Considering Insurrection Act to Deploy Military to US City Streets as Protests Continue

"Trump is rejecting the rule of law and proposing military action that is antithetical to basic premises of the American experiment."

by Eoin Higgins

President Donald Trump on Monday evening threatened to use the Insurrection Act of 1807 to deploy the U.S. military to the nation's city streets if unrest over the killing of George Floyd did not calm. 

"Trump is rejecting the rule of law and proposing military action that is antithetical to basic premises of the American experiment," tweeted The Nation's John Nichols. "He thinks he is playing a political game. This is no game."

The president, who spent part of the weekend hidden in a bunker at the White House as protests raged outside the building, announced during a speech at the Rose Garden Monday that he was preparing to send military troops to cities around the nation. 

President Donald Trump walks from the White House to St. John's Episcopal Church after a news conference in the Rose Garden of the White House on Monday, June 1, 2020. (Photo: Shawn Thew/EPA/Bloomberg via Getty Images)

"If a city or state refuses to take the actions necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them," said Trump.

The president also announced he was immediately deploying "thousands and thousands of heavily armed soldiers, military personnel, and law enforcement officers" to Washington—the only place in the country the president can legally deploy the army without restriction.

As NBC News reported:

To activate the military to operate in the U.S., Trump would have to invoke the 213-year-old Insurrection Act, which four people familiar with the decision had told NBC News he planned to do.

[…]

Trump’s decision on whether to invoke the act, adopted in 1807, to deploy troops has come as his frustrations mount over the protests that have followed the death of Floyd, a black man who was killed in police custody last week in Minneapolis. The people familiar with his decision said Trump was angry Sunday night at the destruction some protestors caused in Washington, particularly the vandalization of national monuments.

After his speech, Trump walked to St. John's Church. Police cleared the way for the president to walk to the photo-op with force, using batons, tear gas, and pepper spray against peaceful demonstrators in Lafayette Square on the way to the church.

CNN reports that Trump used tear gas and rubber bullets on peaceful protesters for a photo op, after being upset about media coverage about him being rushed to a bunker. pic.twitter.com/LN0tA51gjA

The national protest movement that erupted after Floyd's killing by Minneapolis police officers on May 25 has spread across the entire country as long-simmering rage over police brutality, racism, and civilian killings have combined with the economic and social crises of the coronavirus pandemic to propel tens and hundreds of thousands of people into the nation's city streets night after night.

"Abuse of power and systemic racism are a deadly combination, particularly for people of color and Indigenous Peoples, who are disproportionately criminalized and targeted by weaponized policing around the world—destroying lives, families, and communities, denying people their basic humanity and dignity, and violating their rights," the Center for International Environmental Law (CIEL) said in a statement of solidarity with the protest movement.

As Common Dreams reported, police around the country have constantly attacked protesters, escalating the demonstrations into violence and injuring and arresting hundreds of people. At least two people have died. 

"People are angry," Amnesty International USA End Gun Violence campaign manager Ernest Coverson said in a statement. "People are exhausted."

"They have a right to take to the streets and peacefully protest—everyone has that right," Coverson continued. "The rights of the many to take to the streets and demand justice and comprehensive police reform cannot be trampled upon, for any reason."

The White House has been a regular target of Washington protesters, who have gathered at or near it nightly, at times destroying or damaging property around the building.

The president's response to the protest movement has focused primarily on supporting the police. While Trump has mentioned George Floyd and expressed rare sympathy for a black victim of police abuse, the main focus of the president's remarks over the past week have been on supporting law enforcement as officers beat, pepper spray, and launch tear gas at demonstrators. 

"Sending in the military to respond to a peaceful revolution has been the only action this administration has taken," said Coverson.


Republished with permission under license from CommonDreams.

Police officers accused of brutal violence often have a history of complaints by citizens

Jill McCorkel, Villanova University

As protests against police violence and racism continue in cities throughout the U.S., the public is learning that several of the officers involved in the killing of George Floyd in Minneapolis and Breonna Taylor in Louisville share a history of complaints by citizens of brutality or misconduct.

Decades of research on police shootings and brutality reveal that officers with a history of shooting civilians, for example, are much more likely to do so in the future compared to other officers.

Police work to keep demonstrators back during a protest in Lafayette Square Park on May 30, 2020 in Washington, D.C. Tasos Katopodis/Getty Images

 

A similar pattern holds for misconduct complaints. Officers who are the subject of previous civilian complaints – regardless of whether those complaints are for excessive force, verbal abuse or unlawful searches – pose a higher risk of engaging in serious misconduct in the future.

A study published in the American Economic Journal reviewed 50,000 allegations of officer misconduct in Chicago and found that officers with extensive complaint histories were disproportionately more likely to be named subjects in civil rights lawsuits with extensive claims and large settlement payouts.

In spite of this research, many law enforcement agencies not only fail to adequately investigate misconduct allegations, they rarely sustain citizen complaints. Disciplinary sanctions are few and reserved for the most egregious cases.

Protesters went to the home of the Minneapolis police officer, Derek Chauvin, who is now charged with George Floyd’s death.

Complaints, lawsuits – but few consequences

Derek Chauvin, the ex-officer who has been charged with third-degree murder and second-degree manslaughter for killing Floyd, is no stranger to situations in which deadly force has been deployed.

During a 2006 roadside stop, Chauvin was among six officers who, in just four seconds, fired 43 rounds into a truck driven by a man wanted for questioning in a domestic assault. The man, Wayne Reyes, who police said aimed a sawed-off shotgun at them, died at the scene. The police department never acknowledged which officers had fired their guns and a grand jury convened by prosecutors did not indict any of the officers.

Chauvin is also the subject of at least 18 separate misconduct complaints and was involved in two additional shooting incidents. According to The Associated Press, 16 of the complaints were “closed with no discipline” and two letters of reprimand were issued for Chauvin related to the other cases.

Tou Thao, one of three Minneapolis officers at the scene as Floyd pleaded for his life, is named in a 2017 civil rights lawsuit against the department. Lamar Ferguson, the plaintiff, said he was walking home with his pregnant girlfriend when Thao and another officer stopped him without cause, handcuffed him and proceeded to kick, punch and knee him with such force that his teeth shattered.

The case was settled by the city for US$25,000, with the officers and the city declaring no liability, but it is not known if Thao was disciplined by the department.

In Louisville, Kentucky, at least three of the officers involved in the shooting death of Breonna Taylor while serving a no-knock warrant at her home – allowing them to use a battering ram to open her door – had previously been sanctioned for violating department policies.

One of the officers, Brett Hankison, is the subject of an ongoing lawsuit alleging, according to news reports, harassing suspects and planting drugs on them. He has denied the charges in a response to the lawsuit.

Another officer in the Taylor case, Myles Cosgrove, was sued for excessive force in 2006 by a man whom he shot seven times in the course of a routine traffic stop. The judge dismissed the case. Cosgrove had been put on paid administrative leave as his role in the shooting was investigated by his department, and returned to the department after the investigation closed.

Protesters took to the street the day after a grand jury declined to indict Cleveland Police Officer Timothy Loehmann for the fatal shooting of 12-year-old Tamir Rice in November 2014. Angelo Merendino/Getty Images

Patterns of misconduct and abuse

I am a scholar of law and the criminal justice system. In my work on wrongful conviction cases in Philadelphia, I regularly encounter patterns of police misconduct including witness intimidation, evidence tampering and coercion. It is often the same officers engaging in the same kinds of misconduct and abuse across multiple cases.

The Bureau of Justice Statistics reports that across the nation fewer than one in 12 complaints of police misconduct result in any kind of disciplinary action.

And then there is the problem of “gypsy cops” – a derogatory ethnic slur used in law enforcement circles to refer to officers who are fired for serious misconduct from one department only to be rehired by another one.

Timothy Loehmann, the Cleveland officer who shot and killed 12-year-old Tamir Rice, resigned before he was fired from his previous department after they deemed him unfit to serve. A grand jury did not indict Loehmann for the killing, but he was fired by the Cleveland Division of Police after they found he had not disclosed the reason for leaving his previous job.

In the largest study of police hiring, researchers concluded that rehired officers, who make up roughly 3% of the police force, present a serious threat to communities because of their propensity to re-offend, if they had engaged in misconduct before.

These officers, wrote the study’s authors, “are more likely … to be fired from their next job or to receive a complaint for a ‘moral character violation.’”

The Newark model

The Obama administration’s Task Force on 21st Century Policing recommended the creation of a national database to identify officers whose law enforcement licenses were revoked due to misconduct. The database that currently exists, the National Decertification Index, is limited, given state level variation in reporting requirements and decertification processes.

Analysts agree that this is a useful step, but it does not address underlying organizational and institutional sources of violence, discrimination and misconduct.

For example, in the aftermath of the police shooting of Michael Brown in Ferguson, Missouri, the Department of Justice found that the department had a lengthy history of excessive force, unconstitutional stop and searches, racial discrimination and racial bias.

The report noted that the use of force was often punitive and retaliatory and that “the overwhelming majority of force – almost 90% – is used against African Americans.”

One promising solution might be the creation of independent civilian review boards that are able to conduct their own investigations and impose disciplinary measures.

In Newark, New Jersey, the board can issue subpoenas, hold hearings and investigate misconduct.

Research at the national level suggests that jurisdictions with citizen review boards uphold more excessive force complaints than jurisdictions that rely on internal mechanisms.

But historically, the work of civilian review boards has been undercut by limitations on resources and authority. Promising models, including the one in Newark, are frequently the target of lawsuits and harassment by police unions, who say that such boards undermine the police department’s internal disciplinary procedures.

In the case of civilian review board in the Newark, the board largely prevailed in the aftermath of the police union lawsuit. The court ruling restored the board’s ability to investigate police misconduct – but it made the board’s disciplinary recommendations nonbinding.


Republished with permission under license from The Conversation.

George Floyd Protests and The Spook Who Sat By the Door

Sunday was the sixth day of mass protest. Hundreds of protests, with violent outbursts in many major cities, have occurred. At least 40 cities have imposed curfews and National Guard members have been activated in 15 states and Washington, DC. At least five people have been kill and property damage will most likely total in the hundreds of millions.

As I watched protests, looting, burning of buildings, and the chaos erupting all across American in response to the murder of George Floyd by four police thugs, I couldn't help but think about a movie from 1973, "The Spook Who Sat by the Door". During the movie, which is based on a book by the same name, Dan Freeman, a black man pretends to be an Uncle Tom* in order to become the first CIA officer. Freeman then uses his specialized CIA training in gathering intelligence, political subversion, and guerrilla warfare to provide tactical training to street gang members to plot a Black American Revolution involving organized chaos sparked by police brutality. Obviously, the George Floyd protests weren't the result of an organized plot, but you'll be amazed how similar the results of this past week of protest has been to the movie plot. 

The Spook Who Sat By the Door 1973

*Sambo was actually the sell-out character and Uncle Tom was the hero, but racism has distorted the nature of those two characters.

Violent response to George Floyd’s Murder Justified?

Earlier today I had a conversation with one of my closest friends about looting and fires that took place in Minneapolis. It's easy to talk about peaceful responses to violence that's not happening to you. If George Floyd was your son, father, brother, or husband, how peaceful would you feel? 

Tamika Mallory delivers a powerful message about violence prior to former NBA player Steven Jackson speaking about his friend George Floyd being murdered by police. 

Individuals have a right to resist and rebel against a tyrannical government and political injustices. Isn't that the example set by our nation's founding fathers? Thomas Paine wrote in his 1776 pamphlet Common Sense when struggling to defend rights against tyranny, “it is the violence which is done and threatened to our persons … which conscientiously qualifies the use of arms”. Protesters in Minneapolis have been mostly peaceful, but some have decided, "Give me liberty, or give me death!" Instead of destroying tea, they destroyed buildings including a police station.

“Negroes
Sweet and docile,
Meek, humble, and kind:
Beware the day
They change their minds!"
–Warning! from Langston Hughes

On May 19th, in response to excessive force used by Des Peres, MO police against a black grandmother and her son who were falsely accused of stealing at Sam's Club on Hanley Road, I wrote the following response on Facebook.

"Until we do more than just protest, this will never end! Police and even random strangers feel comfortable violating our rights because they don't fear any consequences. As a collective group, we better figure out a way to make them fear us. It's just a matter of time before the next victim is you, your family member, or your friend, but unless there's a video you have almost zero chance at justice."

Less than a week later, the world witnessed the video of a random white woman, Amy Cooper, using her whiteness as an instrument of terror in New York's Central Park and a black man, George Floyd, tortured and murdered in Minneapolis by police. 

Floyd is the latest high profile unarmed black lynching victim. Nearly five years ago, the police killing of Jamar Clark in Minneapolis sparked weeks of protests. Now here we go again. I cried as I watched yet another lynching of an unarmed helpless black man. The cop knew he was being recorded, but seemed to have the attitude that as a policeman, no matter what he does, on or off-camera, his badge would protect him.

It's a clear case of murder for anyone that watches the video of Floyd's death. There's no justification! As one of the hero bystanders who tried to save Floyd stated, Chauvin seemed to enjoy it. At what point do we stop peacefully letting them kill us!

Mike Freeman, county attorney for Hennepin County, condemned the actions of white cop Derek Chauvin as "horrific and terrible", but he added there was "other evidence that does not support a criminal charge". When a black Minneapolis cop, Mohamed Noor, killed a white woman in a split-second decision, he was arrested, found guilty, and sentenced to 12.5 years. Noor became the first Minneapolis policeman to be convicted of an on-duty killing. There was no video or talk about "other evidence".

There have been so many high profile killings of unarmed black people that go unpunished, it's difficult to keep track of them all, below is a partial list that includes four from St. Louis:

Ahmaud Arbery, Breonna Taylor, Trayvon Martin, Sandra Bland, Tamir Rice, Freddie Gray, Sean Bell, Eric Garner, Philando Castile, Eric Harris, Sam Dubose, Alton Sterling, Laquan McDonald, Akai Gurley, Walter Scott, Jordan Edwards, Mike Brown, Mansur Ball-Bey, Terry Tillman, Anthony Lamar Smith.

Chauvin was finally arrested and charged with murder, but not before a police station and more than fifty other buildings were burned. However, most police killings aren't recorded and don't become high profile. When cops lie and no video evidence exists, the cops are believed. It's always amazed me how many black men like Terry Tillman, supposedly point a gun at a cop and get killed before even getting off a shot.

King aptly stated that "riots are the language of the unheard"! King could utter the same words below today and they would be just as meaningful. 

“But it is not enough for me to stand before you tonight and condemn riots. It would be morally irresponsible for me to do that without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that they have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard. And what is it America has failed to hear? It has failed to hear that the plight of the negro poor has worsened over the last twelve or fifteen years. It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice and humanity.” – Dr. MLK Jr.

The Minneapolis police department has a long history of racism. The violence in Minneapolis is a symptom of racism. Until the disease racism is eradicated from police forces, these destructive reactions will become more common.

The current black police chief, Medaria Arradondo, filed a discrimination suit against the department earlier in his career. Only a tiny fraction of police brutality is captured on video, but that may soon change, as self-driving vehicles, delivery drones, and other technologies all equipped with multiple cameras, become more common, more incidences with be captured on camera.    

Hopefully, cities all across American will learn a lesson from Minneapolis. Gone are the days when protest about brutality remains completely peaceful. Modern protesters include revolutionaries within the ranks, some with nothing to lose and no fear. The best protection against violent reactions is no unnecessary violence! 

Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown

by Paige Marta Skiba, Vanderbilt University; Dalié Jiménez, University of California, Irvine; Michelle McKinnon Miller, Loyola Marymount University; Pamela Foohey, Indiana University, and Sara Sternberg Greene, Duke University

As more Americans lose all or part of their incomes and struggle with mounting debts, another crisis looms: a wave of personal bankruptcies.

Bankruptcy can discharge or erase many types of debts and stop foreclosures, repossessions and wage garnishments. But our research shows the bankruptcy system is difficult to navigate even in normal times, particularly for minorities, the elderly and those in rural areas.

COVID-19 is exacerbating the existing challenges of accessing bankruptcy at a time when these vulnerable groups – who are bearing the brunt of both the economic and health impact of the coronavirus pandemic – may need its protections the most.

If Americans think about turning to bankruptcy for help, they will likely find a system that is ill-prepared for their arrival.

The courts are sheltering in place too. 

It’s a hard road

There are many benefits to filing bankruptcy.

For example, it can allow households to avoid home foreclosure, evictions and car repossession. The “automatic stay” triggered at the start of the process immediately halts all debt collection efforts, garnishments and property seizures. And the process ends with a discharge of most unsecured debts, which sets people on a course to regain some financial stability.

The process helps the average household erase approximately US$50,000 in unsecured debt – such as payday loans and credit card and medical bills.

We know from our empirical research, however, that filing for bankruptcy comes with costs. In a Chapter 7 case, known as a liquidation when a debtor’s property is sold and distributed to creditors, households may be required to surrender some of their assets. The post-bankruptcy path to financial stability is often bumpy.

In a Chapter 13 reorganization case, households must commit to making monthly payments equal to their disposable income for three to five years. But the majority of people, unfortunately, are unable to keep up with their payments for that long and do not end up eliminating their debts.

Monetary costs can also be substantial. Attorney fees average $1,225 to $3,450. Court fees are over $300. And of course, there are also other downsides, such as social stigma, negative credit and lower future earnings.

Pent-up demand

Nonetheless, struggling Americans may find bankruptcy one of few viable options to address their worsening money problems, particularly as the pandemic shows no signs of ending soon.

Yet, as a consequence of nationwide shelter-in-place orders, consumer bankruptcy filings have declined significantly in recent weeks.

In the last 10 days of March, when states began issuing such orders, we found that Chapter 13 filings fell 45% compared with the last 10 days of March 2019, based on a docket search on Bloomberg Law. Filings in all of April – when most states were under lockdown – plunged 60%, while Chapter 7 filings were down 40%.

This suggests that there’s pent-up demand for bankruptcy protection – in terms of what we’d normally expect – on top of the impact from the coronavirus recession.

The current limited physical access of many bankruptcy courts presents additional problems, especially to already vulnerable groups. There is significant variation in how courts are handling the situation, but most require access to technology. This means that ethnic and racial minorities, seniors and people living in rural areas face systemic barriers to filing because of their more limited access to transportation and technology.

Self-represented filers, who navigate bankruptcy alone to avoid the hefty attorneys’ fees, face additional challenges and make up approximately 9% of bankruptcy cases. These filers typically have lower income and fewer assets – and thus are less able to afford the benefits of having an attorney – and are more likely to be black.

In some districts, only attorneys can file electronically, so people handling the process themselves must mail in their petition or find some other way of getting it to the courts, such as via physical drop boxes.

But such methods still assume access to technology. A computer, the internet and a printer are needed to access and print the petition. Libraries and other institutions that traditionally provide technology access for those who do not have it are, for the most part, closed.

Some courts are allowing initial email submission of the petition from those without attorneys, but petitioners are still required to follow up by sending original documents via the mail or drop boxes. Access to a computer, the internet and a printer remains necessary.

Finally many states require “wet signatures” on bankruptcy petitions. That is, people have to sign their names in ink, as opposed to using an electronic signature. To smooth filings while courts are physically closed, several states have waived this requirement for those using an attorney.

But even then, access issues still abound. People must first send their attorney the vast array of documents needed for filing – typically amounting to dozens of pages. Filers still need to be able to copy, scan and email documents. For those without computer access, they have to mail original documents, a somewhat risky proposition when important papers could get delayed, stolen or lost.

A bad time to file

In other words, the middle of a pandemic is not the best time to file for bankruptcy.

But with limited debt forbearances, over 30 million out of work and insufficient employment aid, we expect to see a great deal more distress – both financial and otherwise – in the coming months.

And without more aid to individuals soon, U.S. bankruptcy courts will likely face a tsunami of filings, not only from average Americans but companies as well. This will clog up the system, which is why many experts are calling on Congress to shore up bankruptcy courts with more judges and funding.

But a first priority should be shoring up individuals, for whom bankruptcy is seen as a last resort. If more aid isn’t forthcoming, the bankruptcy system may be too overwhelmed to handle even that.

Republished with permission under license from The Conversation 

Renters still left out in the cold despite temporary coronavirus protection

by Kirk McClure, University of Kansas and Alex Schwartz, The New School

Emergency relief for renters across America may protect them from the threat of eviction during the coronavirus crisis – but it won’t last for long.

The economic shutdown necessitated by COVID-19 has undermined the ability of millions of families and individuals to pay their landlords. But current measures to alleviate their hardship will not last through the summer, leaving the country at risk of a surge of evictions and homelessness within months.

Protesters demanding a freeze on rents in Minneapolis.

 

The current crisis also hits landlords, small ones especially, who may now struggle to meet mortgage payments, property taxes and other essential expenses. Again, the measures offered by Congress provide only limited relief.

As scholars of housing policy, we know that for any measure to have real impact, it will need to address problems facing both tenants and landlords. Such a solution may already exist in the Housing Choice Voucher program, a 40-year-old program which enables low-income households to afford rental housing in the private market.

Rental crisis

The coronavirus worsens an already severe housing affordability crisis. The most recent data shows that 10.7 million households, one-quarter of all renters, spend more than half of their income on rent, including 56% of all renters earning less than US$30,000 per year. More than 2.3 million renters are evicted annually. On any given night, more than 500,000 people are homeless, and nearly three times as many went homeless during the course of a single year.

More than 20 million people have filed for unemployment benefits since the shutdown began, and this number is likely to climb higher in the weeks ahead.

The people most at risk of losing their jobs are those who work in low-paying service industries such as restaurants, hotels, personal services and the retail sector. They are also disproportionately likely to rent their homes.

Many of these workers will struggle to pay landlords in the coming months. As of 2019, the Federal Reserve reported that about 40% of all households could not cover an unexpected $400 expense without borrowing funds or selling a possession.

In an effort to provide relief to families and business hit by the economic meltdown, President Trump signed the $2.2 trillion CARES Act on March 27.

Stay of eviction

The legislation provides considerable support to homeowners but much less to renters. Homeowners with government-supported mortgages such as those that are guaranteed by Fannie Mae or Freddie Mac, accounting for 70% of all outstanding mortgages, can skip mortgage payments for up to 12 months without risk of foreclosure. Missed payments will instead by added to their mortgage balances.

Renters are afforded some protection. The legislation forbids private and public owners of rental housing financed with government assistanceabout 28% of all rentals – from evicting tenants for nonpayment of rent over a period of six months. In addition to the CARES Act, 15 states and 24 cities have temporarily suspended evictions for nearly all renters in their jurisdictions.

The CARES Act also provides relief in the shape of expanded unemployment benefits as well as a one-off payment of $1,200 to eligible adults and an extra $500 per child.

But rental protection is unlikely to last more than a few months – less if stays on eviction are not enforced, as has been the case in a number of states.

Moreover, when renters skip their rent, they still owe it – it will need to be repaid at a later date.

These emergency measures do little to help landlords cover their expenses. It does prohibit lenders from foreclosing on landlords with federally backed mortgages, should they fail to make payment. But it does nothing to help them pay employees, utility bills or their property taxes. And when landlords cannot pay property taxes, it becomes even more difficult for hard-pressed cities, towns and school districts to provide essential services.

Room for improvement?

One alternative would be for the government to pay landlords directly to cover the loss of rental income. Rep. Ilhan Omar, for example, is proposing that all renters have their rents canceled, with landlords applying for compensation from the federal government.

A downside of this approach is the potential for providing assistance to landlords and tenants who do not need it. It would also require a new apparatus to administer the program, which could delay implementation.

Advocates and policymakers have suggested other ways government could address the looming rental housing crisis.

The approach partially adopted by the CARES Act is to compensate displaced workers for their loss of income. This could be expanded through repeated cash payments to households. Alternatively, unemployment benefits could be increased. But there is also no guarantee that recipients will use the funds for housing or that funds would be targeted at low-income households that require assistance.

The government could pay employers to keep workers on their payroll and hire back those they have let go. It has already adopted this approach to an extent, but not anywhere close to the scale that would be necessary. Scaling up these efforts would probably take months and may not be politically feasible.

Vouchers for success

We believe a more viable option would be expanding the government’s Housing Choice Voucher program. Established in 1974, it enables low-income households to rent housing in the private market, paying no more than 30% of their income on rent, with the government paying the rest.

It is available to all low-income households and currently serves 2.2 million households – although as many as 10 million were eligible for the program before the COVID crisis.

The program already has the administrative apparatus needed to handle an increase in participants: a nationwide network of over 3,300 housing authorities with decades of experience. Many have already demonstrated their capacity to dramatically expand operations to accommodate new households in the event of natural disasters, such as hurricanes and floods.

If expanded to meet the demands of the current crisis, the Housing Choice Voucher program could act as a shock absorber for the rental housing market. For tenants, it would provide some stability where there now is uncertainty and reduce the risk of displacement, eviction and homelessness. For landlords, it would provide a steady stream of income to help pay the mortgage, property taxes and other expenses.


Republished with permission under license from The Conversation

Birthed by HBCU students, this organization offers important lessons for today’s student activists

by Jelani Favors, Clayton State University

April 15, 2020 marks 60 years since the founding of the Student Nonviolent Coordinating Committee, perhaps better known as SNCC, and usually pronounced as “snick.” SNCC became one of the most important organizations to engage in grassroots organizing during the modern civil rights movement and radically transformed youth culture during the decade. Jelani Favors, an associate professor of history and author of a book on how historically black colleges and universities ushered in a new era of activism and leadership, discusses SNCC’s legacy and what lessons it can offer today’s activists.

What role did SNCC play in the civil rights movement?

The founding of SNCC in April 1960 represented an important paradigm shift within the modern civil rights movement. SNCC encouraged black youth to defiantly enter spaces that they had been told to avoid all of their lives. The founding in 1960 resulted in a wave of SNCC activists being sent into the most hostile environments to register voters and mobilize African Americans for change. In doing so, SNCC ushered in the direct action phase of the movement.

Previous generations of activists had embraced lawsuits, such as the 1944 Smith v. Allwright against racial discrimination in voting, and the 1954 Brown v. Board of Education case against racial segregation in public schools. Previous generations also embraced non-direct protest tactics, such as boycotts, to bring slow change. But the sit-ins – popularized by black college students who would later form SNCC – placed black bodies on the line in ways that other tactics had not. They clogged “five and dime” stores across the South, effectively shutting them down, dramatizing the movement for black liberation as the entire world looked on through television and media coverage.

Black youth courageously courted the danger that often accompanied breaking the color line in the racially segregated South. Their actions resulted in violent clashes that fully displayed the immorality of white segregationists and simultaneously captured the nobility and courage of black youth. Perhaps most importantly, SNCC radically transformed youth culture in America. The organization took a generation of youth that Time magazine had previously labeled in 1951 as the “silent generation,” and ushered in a decade – the 1960s – that would be widely characterized and defined by the militancy and dissent of young Americans.

How did historically black colleges and universities help form SNCC and its agenda?

Black colleges served as the incubators for this militancy. For generations, historically black colleges and universities – also known as HBCUs – exposed students to a “second curriculum” that was defined by race consciousness, idealism and cultural nationalism. These concepts not only blunted the toxic effects of white supremacy, but they also empowered youth and deliberately fitted them with a mission to serve as change agents within their respective communities and professional fields. It was not happenstance that the origins of SNCC were rooted within the crucial intellectual and social spaces that were carved out within HBCUs.

The overwhelming majority of students who convened in Raleigh, North Carolina, on April 15, 1960 were from southern black colleges where the sit-ins had unfolded. And it was also no mistake that they met at Shaw University, an HBCU located in Raleigh. After all, the woman who had the vision to bring those students together – Ella Baker – was a 1927 graduate of Shaw.

For generations, black college alumni like Baker worked within religious institutions, civil rights organizations, labor unions and special interests groups. Their work within these spaces was largely informed by the “second curriculum” they had been exposed to as HBCU students. SNCC was therefore part of a long tradition of radicalism that was cultivated and produced within black colleges. This exposure equipped them with the necessary intellectual and political tools they would use to take on white supremacy and Jim Crow – the system of legalized segregation in the South.

What is SNCC’s legacy?

SNCC had a relatively short lifespan compared to other civil rights organizations. By the end of the decade their operations were defunct. Much of this was due to both external and internal pressures. Nevertheless, SNCC distinguished itself as “the most powerful energy machine” for the freedom struggle. I argue that SNCC was the most important and effective civil rights organization of the 1960s.

Unlike most other organizations, SNCC eschewed “top-down” operations that fostered elitism and “helicopter” tactics in which organizers would swoop in to inspire local folks and then leave them to manage local struggles on their own. SNCC’s objectives were completely opposite. They entered into the most dangerous, racially hostile and violent regions of the country, such as Albany, Georgia, the Delta region of Mississippi, and Lowndes County, Alabama. Once there, they set up operations that listened to and empowered local people, such as Fannie Lou Hamer, Amzie Moore, Unita Blackwell and countless others.

The relationship between SNCC and local people was reciprocal. SNCC activists learned and lived among the black proletariat – sharecroppers, farmers and day laborers. These people’s wisdom, shrewdness and practical knowledge of how to survive and navigate the worst of the Jim Crow South proved invaluable as SNCC took the fight for black liberation into the rural communities and remote areas of the South. Their blueprint became the template for local organizing for the Black Power Movement and beyond. Perhaps most importantly, their actions played a crucial role in expanding the ballot to millions of Americans who had been marginalized by racist policies and violence.

What lessons can today’s student activists learn from SNCC?

Both SNCC’s victories and defeats are very informative on the history of black social movements. Internal debates are both necessary and healthy for activist organizations. However, by 1964 SNCC’s ability to function as a cohesive unit was under serious threat. Disagreements concerning the infusion of young white activists in the organization and field operations, arguments concerning the use of non-violence as a tactic, and debate over other competing ideological tenets, such as Marxism and Black Nationalism, greatly impaired the organization’s ability to keep a unified front.

Perhaps most challenging were the external threats to SNCC’s existence. The potency of SNCC drew the attention of federal and state agencies that wanted to curb its influence and power. SNCC activists were constantly under surveillance. They lived their lives under the looming shadow of intimidation from law enforcement and the threat of being infiltrated. Today’s student activists can and should be wary of arguments that are unproductive and those who seek to derail their organizations with their own toxic agendas.

In spite of these challenges, SNCC presented a model that empowered local communities and radically transformed American democracy. By listening to and learning from aggrieved populations and empowering local folks to carry out their own agendas, today’s student activists can extend the radical tradition established by SNCC.

We'll Never Turn Back (1963) | SNCC Film feat. Fannie Lou Hamer


Republished with permission under license from The Conversation.

Breaking contracts over coronavirus: Can you argue it’s an ‘act of God’?

by Andrew Schwartz, University of Colorado Boulder

The coronavirus pandemic has prevented countless people from fulfilling their contracts, from basketball players to babysitters.

The NBA suspended its season on March 11, citing the coronavirus risk. A force majeure clause in the NBA contract means players could lose money with each canceled game. 

 

Could all of these people be sued for breach of contract, or are they excused due to this extraordinary event? What about payments made in advance, such as tickets bought for a concert that has now been canceled or a dorm room leased at a college that is now closed?

Wars, floods and other pandemics have undermined innumerable contracts over the years. In response, U.S. courts have established a fairly clear set of legal rules to answer these questions.

As a contracts law professor, I help future lawyers think through how these rules apply in a wide range of situations. That includes what the law says about contracts that are impossible to meet during pandemics.

The rules of impossibility and restitution

A promise given in exchange for money becomes an enforceable contract, and it remains enforceable even if living up to its terms turns out to be more challenging than expected.

If a babysitter promises to look after your children once a week for US$50, she is bound to the contract regardless of car trouble, the kids misbehaving or other hardships. If the babysitter gives up, that is a breach of contract and she is legally liable to you. This is what makes a contract a contract and not an idle promise to give it a try.

But what if the babysitter failed to show up because a coronavirus outbreak made it physically dangerous for her to enter your house or because the government issued an order to remain home to avoid spreading the virus?

Because this type of extraordinary and unanticipated event, often called an “act of God,” is so radically different from the ordinary risks and challenges of babysitting, and because it makes her performance so much more difficult and dangerous than expected, the courts will excuse her from the contract. Through no fault of her own, her performance has become effectively impossible, and so her failure to babysit does not count as a breach of contract.

That is not the end of the story, though. Under the legal doctrine of restitution, which prohibits unjust enrichment at the expense of another, the babysitter would have to return any money you paid her in advance. She has not breached the contract, but neither has she fulfilled it, so it would be unjust for her to keep that money.

When universities closed their dorms during the coronavirus outbreak, it meant breaking contracts with students. Many schools, including Howard University, shown here, have agreed to pay partial refunds. 

This basic framework – impossibility and restitution – applies generally to contracts that have been upended by the coronavirus pandemic and government orders to combat the virus’s spread.

It does not apply to every expense, however.

If you bought a $100 ticket for a Lady Gaga concert and the event has been canceled, there is no breach of contract, although Lady Gaga would have to refund your $100 as a matter of restitution. But if you bought a nonrefundable $50 train ticket to travel to the concert, Lady Gaga is not liable for that loss. Since that money was never paid to Lady Gaga, she can’t be held responsible for it.

Force majeure: The escape clause

In some cases, an escape clause is written into the contract specifically for situations like this. It’s called “force majeure,” which translates to “superior force” and is often referred to as the “act of God” clause.

Force majeure clauses are common in corporate contracts. They dictate which types of unexpected events will excuse performance and how to deal with payments already made or other losses. The precise wording of these clauses is key. Some might expressly mention pandemics or government orders, while others might not. Similarly, some clauses might call for full restitution, while others might provide for 50% refunds or no refund at all. Whatever the force majeure clause says will displace the ordinary rules of impossibility and restitution.

The contract between the NBA and its players, for example, includes a force majeure clause that specifically covers epidemics. It states that basketball teams can withhold part of their players’ salaries for each canceled game, and ESPN reported that the league was considering it.

Pepperdine University students who have been evicted from their dorms are also bound to a force majeure clause that specifies no refunds if the dorms are closed in the event of an emergency. This overrides the general rule of restitution.

All that said, parties to a contract are always free to waive their rights under a force majeure clause and provide refunds anyway. Pepperdine officials have promised to do exactly that.


Republished with permission under license from The Conversation.

New Coronavirus sick leave law – who’s eligible, who’s not and how many weeks do you get

by Elizabeth C. Tippett, University of Oregon

On March 18, President Donald Trump signed the Families First Coronavirus Response Act into law.

The legislation is an emergency intervention to provide paid leave and other support to millions of workers sidelined by school closures, quarantines and caregiving.

An obvious question you’re probably wondering is, “How will it affect me?”

The bad news is that the law does not provide blanket coverage for all workers. Instead, it’s a confusing mess – legislative Swiss cheese, full of exceptions and gradations that affect whether you are covered, for how long and how much pay you can expect to receive.

With schools closed, parents such as Jennifer Green, left, and Lisa Spalding, right, must stay at home with their children. Suzanne Kreiter/The Boston Globe via Getty Images

 

I study employment law and have combed through the bill to make sense of it. The law also provides emergency funding for unemployment insurance and subsidizes some employer health care premiums, but my focus here is on the core elements pertaining to sick and family leave.

Here’s what I learned.

Small, medium or large

To figure out whether you are covered, the first thing you’ll need to answer is how many people work at your company.

If your employer has 500 or more workers, it is excluded from the new law. Instead, workers at those companies will need to rely on any remaining sick leave benefits available under company policy or state law.

Several states, including New York, California and Washington, are also considering emergency legislation tied to the coronavirus pandemic and may offer some relief for workers at these bigger companies. These workers can also make use of the 1993 Family and Medical Leave Act, which provides for unpaid leave if the employee or a family member falls seriously ill.

In addition, some large employers have made new accommodations for their workers. Walmart, the nation’s largest employer, for example, has extended its sick leave benefits for hourly workers. And coffee chain Starbucks expanded its existing sick leave policy to provide paid leave of up to 26 weeks if an employee contracts COVID-19 and is unable to return to work.

If your company employs fewer than 500 people, you should be covered by the new law. But there’s another exception: Businesses with fewer than 50 employees can make use of a hardship exemption if providing leave might put them out of business.

School closures

Assuming your company is covered, the amount of leave available – and how much workers can expect to get paid – will depend on the reason you aren’t able to report to work or do your job remotely.

Here’s where it gets really complicated.

If you are stuck at home due to the closure of a child’s school or day care, you will be eligible for leave under two separate parts of the new law – paid sick leave and family and medical leave.

Congress seems to have structured the law to allow working parents sidelined by a school closure to use both forms of leave at once. Parents would request up to 12 weeks of leave as family and medical leave for a school closure. But since this part of the law doesn’t offer pay until the third week, parents could use the new sick leave provisions to receive income for the first two weeks.

Whether you’re using sick or family leave, you can expect to receive two-thirds of your usual pay, or up to US$200 per day. The money would come directly from your employer who will be reimbursed by tax credits.

Alternatively, people could use the sick leave for the first two weeks and then take 12 weeks under family leave, for a total of 14 weeks, but that would include two weeks that are unpaid.

If you have any available vacation or sick pay under your company’s policy, you may want to use that first since it typically provides full pay.

What happens if you get sick

Workers who are directly affected by the new coronavirus can expect more generous income replacement – but only briefly.

If you are under government-ordered quarantine or isolation, self-isolating at the instruction of a health care provider or experiencing COVID-19 symptoms and seeking a medical diagnosis, you can make use of the new federal sick leave law for up to two weeks. During this time, you should receive your usual pay, capped at $511 per day.

If you become seriously ill beyond two weeks, the new law does not offer additional paid leave. However, you may be eligible to take another 12 weeks of unpaid leave under the 1993 Family and Medical Leave Act. This covers only companies with more than 50 people and workers employed there for longer than 12 months. During this time, your job is protected, but you may be required to use any accrued sick leave or vacation available under company policy.

The rules are similar if you are caring for someone who is under government-ordered quarantine or isolation or has been ordered to self-isolate by a health care provider. The only difference is that your income would be only two-thirds of your usual pay, capped at $200 a day, for two weeks.

And again, if you are caring for a family member who becomes seriously ill, you may be able to take up to 12 weeks of unpaid leave under the 1993 act without losing your job.

In normal times, legislation like this would have been considered broad and ambitious, but as the crisis deepens, its exclusions will likely leave vulnerable workers exposed. With another stimulus bill in the works, Congress will have another chance to help Americans whose lives have been turned upside down by this pandemic.


Republished with permission under license from The Conversation.