Former Attorney General Ramsey Clark to present “From Civil Rights to Human Rights” on Monday, Nov. 12

Attorney General Clark and President Lyndon B. Johnson in 1967.

Attorney General Clark and President Lyndon B. Johnson in 1967.

Ramsey Clark (Plan II, ’49), who served as attorney general under President Lyndon B. Johnson, will present a talk titled “From Civil Rights to Human Rights” on Monday, Nov. 12, from noon to 1 p.m. in the Law School’s Eidman Courtroom. The event is free and open to the public.

William Ramsey Clark was appointed assistant attorney general of the Lands Division by President John F. Kennedy in 1961, when Clark was only thirty-three years old. After his tenure as assistant attorney general, Clark served as deputy attorney general from 1965 until 1967, when Johnson appointed him the 66th U.S. attorney general. Clark served as the attorney general until the end of the Johnson Administration in January 1969, and played an important role in the administration’s civil rights agenda, including supervising the drafting of the 1968 Civil Rights Act.

Following his term as attorney general, Clark worked as a law professor and was active in the anti-Vietnam War movement. He undertook two unsuccessful Senate campaigns in New York. Clark became an anti-war and human rights activist, founding the International Action Center, and speaking out against the United States’ 1991 and 2003 military invasions of Iraq. Author of New York Times best-seller “Crime in America,” Clark served as legal counsel to many controversial figures, including Slobodan Milosevic and Saddam Hussein. In 2008 he received the prestigious United Nations Human Rights Prize.

Clark was born in Dallas. At the age of seventeen he joined the Marine Corps and served in Europe in the final months of World War II. He received a bachelor’s degree in Plan II from The University of Texas at Austin and a law degree from the University of Chicago. After completing his education, Clark joined his father’s Texas law firm, Clark, Reed and Clark, where he remained until he was appointed assistant attorney general. Clark’s father was former U.S. Attorney General and Supreme Court Justice Tom C. Clark, ’22. Justice Clark’s papers are housed at the Law School’s Tarlton Law Library.

The talk is co-presented by the two centers at the Law School — the Bernard and Audre Rapoport Center for Human Rights and Justice and the William Wayne Justice Center for Public Interest Law. Student organization co-sponsors include the Public Interest Law Association, the Texas Journal for Civil Liberties and Civil Rights, and the Thurgood Marshall Legal Society.


Alumnus Shares Insight into How Titanic Corporations Sank the U.S. Economy

TheAquisitorsBookCover-1A book about the Great Meltdown written before the Great Meltdown, “The Acquisitors: Too Titanic to Let Sink” (BookSurge Publishing, Jan. 2010) offers a jarring account of the negligence and greed that pushed the country into a financial crisis.

Drawing from his experiences as a counsel to the House Antitrust Subcommittee, Winslow (B.A. History ‘56/JD Law ’60) based the book upon the findings of the committee’s investigation of unbridled corporate takeovers. And, in the wake of the Meltdown of 2008-09, he decided to revise the book and give it a new title to show exactly how and when corporations become so big that the meltdown became unavoidable.

“[I wanted] to show that it and our committee findings clearly forecast the Great Meltdown: if its warnings against inordinate corporate amalgamation are ignored again, the Meltdown is certain to recur,” says Winslow, a former Federal Energy Regulatory Commission attorney who has served on Congressional and regulatory legal staffs and has written on economic regulation for The Nation and The Washington Monthly.

We spoke with Winslow about “The Acquisitors” and his conviction that “we threw away antitrust protection that would have prevented the Great Meltdown.”

You inveigh against giant corporate takeovers in your book. What’s wrong with them?

If we had restrained giant corporations’ takeovers of other corporations we’d have no companies too big to fail. Hence, no Great Meltdown.

After you left the University of Texas, how did you end up in Washington, writing about the evils—as you say—of corporate takeovers?

No entertainment was better than my history courses in Garrison Hall. Lectures on

John Winslow

John Winslow

late 19th-century robber barons especially intrigued me. When I graduated from the University of Texas Law School, Chairman Emanuel Celler, of the House Judiciary Committee, was about to subpoena documents to see whether Congress should expand the Celler-Kefauver Act—forbidding mergers of competing companies—so that it would outlaw mergers of any two major corporations even if not competitors. The soaring merger rate alarmed the committee.

So you joined the Judiciary Committee staff?

Eagerly, as a legal counsel. But the giants weren’t eager to open up their takeover files to us. They weren’t always glad to see the co-counsel and me. But when we’d find a document that raised eyebrows, we’d know what other documents to search for. Then we’d have more threads to pull to unravel the flimflam.

Flimflam?

International Telephone & Telegraph Co. (ITT), for one, claimed that it strengthened the hundreds of companies it acquired by infusing them with ITT management ability. But its documents showed plots to shift its debts incurred from prior takeovers to its future takeovers – thus to gain money from them for more takeovers. You hardly strengthen a company by loading it with needless debt. The book seeks to explain those parasitical gimmicks. After you scrape off the camouflage, the gimmicks appear easy and simple. They have to be simple to work.

We don’t hear much about ITT now. Is your book still relevant?

Do you ask if your medical history is relevant? We do hear about JP Morgan Chase and Citigroup, each bailed out with $45 billion, only because they made themselves too titanic to let sink through takeovers—by employing other camouflaged gimmicks our investigation uncovered. Now we read that both banks, thanks to anticompetitive mergers, sold their customers grossly over-valued securities so that the banks could sell them short and cheat those customers out of hundreds of millions.

Your book’s back cover cites a comment from Peter F. Ward, assistant director of the Federal Trade Commission: “With all the corporate and regulatory horrors dredged up in this book, and no effort by Congress to remedy them, perhaps Mr. Winslow will consider a sequel.” Are you writing a sequel?

“The Acquisitors” is the sequel. The original book published by Indiana University Press, “Conglomerates Unlimited: Failure of Regulation” predates the Great Meltdown, and “The Acquisitors” revises that book to show that other companies, such as Bank of America, grew too big to fail (i.e., exempt from bankruptcy) by employing the parasitical gimmicks our investigation uncovered years before. Bank of America took over a thousand banks then ruined them by forcing them to underwrite subprime mortgages. AIG ballooned into a trillion-dollar megalith requiring a $175 billion bailout.

Why didn’t your investigation prevent the Great Meltdown?

The Judiciary Committee was ready to act upon our revelations and prepare legislation to halt mergers between giant corporations even though they weren’t competitors (thus not threatening to monopolize any industry). But at that moment the Justice Department announced it would create that very prohibition with judicial precedent – by suing to prevent ITT from taking over Hartford Fire Insurance Co. It would be the largest merger then of all time. ITT plotted to create such a mass of employees from acquired companies (Sheraton Hotels among them). It would use them as its own customers, insulating itself from the rigors of a free market.

Did the Justice Department win the case and establish that precedent?

It never even tried. Though sure of victory in the Supreme Court, it settled the case. It announced it couldn’t penalize ITT by prohibiting the Hartford merger because that would send its stock down and ITT was so big American investors would suffer massive losses. The government said in effect, “ITT is so titanic any penalty against the acquisitor is a penalty against America.” Thus was born the syndrome of too-titanic-to-let sink or penalize, that plagues us now.

What legislation did Congress enact based on your investigation?

None. The Justice Department had pulled the rug out from under the Judiciary Committee by promising that, thanks to its suit against ITT to create legal precedent, new legislation to curb corporate bigness wouldn’t be needed.

Have you published any other book on corporate or government misdeeds?

I have published “The Accurst Tower,” a novel based on my work with regulatory agencies, hoping to show that government regulation of industry is no substitute for natural regulation by free competition among companies not too big to fail.

Do you side with the Marchers Against Wall Street?

They’re not marching far enough. They rail against corporations too big, but never think to ask how they got that way. They’re demanding only monetary penalties against megabanks and reduction of giant bank accounts. But we know too well the government will protect those banks because they’re too big. So what’s the point of monetary penalties? The answer is to break them back into their premerger parts. Then competition would control them. That’s the message of “The Acquisitors.” I first heard it in Garrison Hall.

American Studies Alumnus Tunes In to Early 70s Radio

276868_276530712369652_702603388_nDo you ever wonder why radio stations play the same tired songs over and over again? Or why we’re forced to listen to talk shows while we’re stuck in rush-hour traffic? In “Early ‘70s Radio: The American Format Revolution” (Continuum, July 2011), University of Texas at Austin alumnus Kim Simpson (Ph.D. American Studies, ‘05) shares insight into how commercial music radio evolved into what it is today.

Providing a comprehensive analysis of a transformative era in pop music, Simpson describes how radio stations began to develop “formats” in order to cater to their target audiences. As industry professionals worked overtime to understand audiences and to generate formats, they also laid the groundwork for market segmentation. Audiences, meanwhile, approached these formats as safe havens where they could reimagine and redefine key issues of identity.

In his book, Simpson describes the era’s five prominent formats and analyzes each of these in relation to their targeted demographics, including Top 40, “soft rock,” album-oriented rock, soul and country. The book closes by making a case for the significance of early ’70s formatting in light of commercial radio today.

Simpson recently sat down with ShelfLife@Texas to talk about this time of transformation in commercial radio, his fascination with Billboard’s top music charts – and what’s next.

What motivated you to write Early ‘70s Radio?

First of all, I’ve been a pop music junkie as long as I can remember and keep updated Billboard chart reference books at my bedside. My wife can verify this. When my idea hatched sometime in the late 90s to explore this subject, I’d been keeping “factoid” notes on various hit songs – even the ones I hated. Once I’d gathered up notes about every Top 40 song in 1972, I realized there was much more going on during the much-maligned pop music era of the early 70s than mere silliness.

I had also made the discovery around the time that the radio pages of Billboard during the early ‘70s crackled with commentary and general unrest in a way you didn’t see in other eras. Researching Record World and Cash Box, the other two big music biz trades of the day, bore me out. I’d discovered that the early ‘70s represented a very distinct “moment” in both radio history and American culture that certainly deserved its own book.

How did you conduct the research for Early ‘70s Radio?

Because Billboard had such an impact on how I was now hearing the music of the era, I felt it was a good time for someone to incorporate the trades a bit more aggressively into pop music historiography. Their absence probably has to do with factors like their glaring business orientation, mistrust in the chart ranking process, and their unfashionable “top down” aura in a field more geared toward social history. Another definite factor is that they’re a real pain to find. I had to go to the Library of Congress to leaf through an uninterrupted early ‘70s run of Record World, and luckily the Dallas Public Library was one of few places that held Cash Box.

The ephemerality of so much music business source material can really be maddening, so I’m hoping that this book can demonstrate its usefulness, to some extent.

What’s next?

Something that requires more record listening, which is where the energy is for me. An encyclopedia-type companion guide to the hit songs of the early ‘70s would be the logical next step. This would allow me to take full advantage of all of my notes and geek out in a way I couldn’t really with “Early ‘70s Radio.” I could shine the spotlight on songs I love but didn’t talk about, like Liz Damon and the Orient Express’s “1900 Yesterday” and Sailcat’s “Motorcycle Mama.” Think anyone would buy it?

(From left)  KUT's Rebecca McInroy, Jay Trachtenberg, and Kim Simpson at the Early '70s Radio "Views and Brews" event at the Cactus Cafe on October 24.

(From left) KUT's Rebecca McInroy, Jay Trachtenberg, and Kim Simpson at the Early '70s Radio "Views and Brews" event at the Cactus Cafe on October 24.

About the author: Kim Simpson is a radio show host for KUT’s Sunday Folkways. A critically acclaimed singer-songwriter and guitarist, Simpson taught university courses in pop music and published articles in American Music and Pop Matters. In 2007, he served as a consultant for the Peabody Award-winning rockabilly radio documentary “Whole Lotta Shakin’”. His 2009 CD Mystery Lights: Solo Guitar has appeared in national TV shows and commercials, and his song “Looking for That Girl” (credited to The Mad Dukes) charted in a number of radio trade papers in 2006. Simpson also works in the administration department in The University of Texas at Austin’s School of Law. For more about his work, read his blog Boneyard Media.

University of Texas at Austin Faculty Authors Discuss their Books on C-SPAN2 Book TV

This weekend, be sure to tune in to C-SPAN2 Book TV to watch two University of Texas at Austin professors discuss their books.

American Studies Professor Julia Mickenberg will discuss her book “Tales for Little Rebels” on Sunday, Nov. 13 at 12:45 p.m., and on Monday, Nov. 14 at 12:45 p.m.

Little_Rebel_webSynopsis: Rather than teaching children to obey authority, to conform, or to seek redemption through prayer, 20th century leftists encouraged children to question the authority of those in power. “Tales for Little Rebels” collects 43 mostly out-of-print stories, poems, comic strips, primers, and other texts for children that embody this radical tradition. These pieces reflect the concerns of  20th century leftist movements, like peace, civil rights, gender equality, environmental responsibility, and the dignity of labor. They also address the means of achieving these ideals, including taking collective action, developing critical thinking skills, and harnessing the liberating power of the imagination.

Sanford Levinson, professor of law, will discuss his book “Constitutional Faith” on Sunday, Nov. 18 at noon and 7:15 p.m., and on Monday, Nov. 19 at 12 p.m.

Constitutional_Faith_cover

Synopsis: In this intriguing book, Levinson examines the history and the substance of our ‘civil religion’ of the Constitution. Echoes of this tradition are still heard in debates over whether the constitutional holy writ includes custom, secondary texts and history or is restricted to scriptural fundamentalism. Of equal age and intensity is the battle over the proper role of the priests. Is the Constitution what the Justices say it is or does it have a life of its own?

Interviews scheduled for broadcast the following weekend include:

· Steven Weinberg, professor in the departments of physics and astronomy, will discuss “Lake Views” on Sunday, Nov. 20 at 10 a.m. and 6 p.m., and on Nov. 21 at 12 p.m.

· Lewis Gould, professor emeritus of history, will discuss “My Dearest Nellie” and “Theodore Roosevelt” on Sunday, Nov. 20 at 10:30 a.m., and on Nov. 21 at 12:30 p.m.

· Robert Auerbach, professor of public affairs, will discuss “Deception and Abuse at the Fed” on Nov. 20 at 10:40 a.m., and on Nov. 21 at 12:40 p.m.

A C-SPAN film crew interviewed the faculty members in the university’s Main Building on Oct. 24 following a weekend of covering the annual Texas Book Festival in Austin. Broadcast dates and times for the other faculty members interviewed for the C-SPAN2 Book TV program will be announced later.

The other faculty members are:

Martha Menchaca, professor  in the Department of anthropology, discussing “Naturalizing Mexican Immigrants”
James Galbraith, professor in the Department of Government and the LBJ School of Public Affairs, discussing “The Predator State”
Jeremi Suri, professor in the Department of History and the LBJ School of Public Affairs, discussing “Liberty’s Surest Guardian”
Ami Pedahzur, professor in the Departments of Government and Middle Eastern Studies, discussing “The Israeli Secret Services and the Struggle Toward Terrorism”
Neil Foley, professor in the Departments of History and American Studies, discussing “Quest for Equality”


Winners of the Hamilton Book Awards Announced

MCGBENThomas McGarity and Wendy Wagner won the $10,000 grand prize at the Hamilton Book Awards for their book, “Bending Science: How Special Interests Corrupt Public Health Research” on Oct. 28 at the Four Seasons Hotel in Austin.

McGarity is the Joe R. & Teresa Lozano Long Endowed Chair in Administrative Law, and Wagner, is the Joe A. Worsham Centennial Professor in Law at The University of Texas at Austin. Their book was published by Harvard University Press.

The awards are the highest honor of literary achievement given to published authors at The University of Texas at Austin. They are sponsored by the University Co-operative Society.

Michael Granof, chairperson of the Co-operative Society, hosted the event and announced the winners. Victoria Rodriguez, vice provost and dean of Graduate Studies at The University of Texas at Austin, presented the awards.

Four faculty members received $3,000 prizes for their books. They were:

• Jacqueline Jones, the Walter Prescott Webb Chair in History and Ideas and Mastin Gentry White Professor in Southern History, “Saving Savannah: The City and the Civil War” (A. A. Knopf, 2008).

• Peter MacNeilage, professor of psychology, “The Origin of Speech” (Oxford University Press, 2008).

• Tracie Matysik, associate professor of history, “Reforming the Moral Subject: Ethics and Sexuality in Central Europe, 1890-1930” (Cornell University Press, 2009).

• Karen Rascati, the Stewart Turley/Eckerd Corporation Centennial Endowed Professor in Pharmacy, “Essentials of Pharmacoeconomics” (Lippincott Williams and Wilkins, 2008).

The University Co-op is a not-for-profit corporation owned by the students, faculty and staff of The University of Texas at Austin. Since the year 2000, the University Co-op has given more than $28 million in gifts and rebates.

Philip Bobbitt to Discuss "Terror and Consent"

Philip Bobbitt

Philip Bobbitt

University of Texas at Austin Professor Philip Bobbitt will be at the School of Law today, March 2, at 5:30 p.m. to discuss and sign his latest book, “Terror and Consent: The Wars for the Twenty-First Century” (Knopf Publishing, 2008).

In the lead essay of The New York Times Sunday Book Review, historian Niall Ferguson called Bobbitt’s book “the most profound book to have been written on the subject of American foreign policy since the attacks of 9/11—indeed, since the end of the Cold War.”

“Terror and Consent” is Bobbitt’s seventh book.

Bobbitt is a distinguished senior lecturer in the Law School and a senior fellow at the Robert S. Strauss Center for International Security and Law, which is hosting the talk in the Law School’s Eidman Courtroom.

Bobbitt also holds the Herbert Wechsler Chair of Jurisprudence at the Columbia University Law School. As one of the nation’s leading constitutional theorists, his interests include not only constitutional law but also international security and the history of strategy.

Copies of Bobbitt’s book may be purchased before the event at the University Co-op East near the Law School.

Law Professor to Discuss "The Preemption War" at BookPeople

University of Texas law professor Tom McGarity will be at BookPeople this Saturday, Feb. 7, at 3 p.m. to discuss and sign his latest book, “The Preemption War: When Federal Bureaucracies Trump Local Juries” (Yale University Press, 2008).

McGarity, a regulatory law expert, says most consumers would be surprised to learn that the doors to the local courthouses are in jeopardy of being closed to them if they have been injured by a defective product, sickened by contaminated food, or disabled by an inadequately tested drug or medical device.

“The ones responsible for this injustice are not our local judges or legislators. They are faceless bureaucrats in the federal regulatory agencies who are supposed to be protecting us, but in recent years have been more concerned with protecting the industries they regulate,” McGarity said.

At the book signing, McGarity will explain how this has happened and what the Obama administration and Congress can do about it.

Ship of Ghosts: The Story of the USS Houston

Renowned as FDR’s favorite warship, the cruiser USS Houston faced a bitter battle in the far Pacific after Pearl Harbor. With no hope for reinforcement, its crew saw a deadly rain of fire from Japanese bombers.

James D. Hornfischer (MBA ’98; JD ’01) brings to life the terror of nighttime naval battles and the valiant effort of the crew as they miraculously escaped disaster—until their luck ran out in the Sunda Strait. The Houston was finally sunk and its survivors taken prisoner.

Hornfischer’s account doesn’t stop there. Through journals, testimony, and historical documents, he recounts the more than three years the crew spent in the brutal jungle POW camps.

Hornsfischer lives with his family in Austin. His first book, “The Last Stand of the Tin Can Sailors” won the 2004 Samuel Eliot Morison Award for Naval Literature.

“Ship of Ghosts: The Story of the USS Houston, FDR’s Legendary Lost Cruiser and the Epic Saga of Her Survivors” was published by Bantam in 2007.

Reprinted with permission from the January/February 2009 issue of The Alcalde.

Law Professor Investigates the Preemption War

Three years ago, The New York Times tapped the expertise of regulatory law expert Thomas McGarity, professor in the School of Law at UT, for a story about the Bush Administration’s quiet strategy to limit lawsuits against product manufacturers by asserting the power of federal regulatory agencies.

The story eventually led McGarity to write “The Preemption War: When Federal Bureaucracies Trump Local Juries” (Yale University Press, 2008) about the decade-long preemption war in the courts, federal agencies and Congress—an issue he’d worked on as a member scholar of the Center for Progressive Reform.

While many people are unaware of the preemption war, the outcomes of these court battles will affect everyone, and consumers stand to be the biggest losers, McGarity says.

McGarity recently sat down to talk about his latest book, which hits bookstores on Dec. 2, as well as a high-profile preemption case currently pending at the U.S. Supreme Court.

In a nutshell, what is the main claim that you make in the book and why?

The overall thrust of the book is that in our federal system, Congress and the courts should be very cautious about preempting common law claims. State and federal laws and regulations typically provide “protective justice.” They are meant to deter specific conduct.

The common law, on the other hand, provides “corrective justice,” a term that refers to the common law’s goal of forcing wrongdoers to compensate their victims. Since federal law rarely provides corrective justice, federal preemption of common law claims means that deserving victims will not be compensated. In my view, this is usually an unjust outcome.

You discuss many court cases in your book. Which one is going to have the most impact on consumers, depending on how the cases are decided?

The recent case with the greatest potential impact is Wyeth v. Levine, a case that the Supreme Court heard in early November. In that case, the question is whether approval of a drug label by the federal Food and Drug Administration impliedly preempts failure to warn claims at state common law. A broad holding by the Supreme Court will effectively throw out the vast majority of claims by patients injured by drugs because the drug company neglected to warn them and their doctors about adverse side effects.

The Supreme Court has on many cases stated that there is a presumption against preemption, but that presumption is often ignored in practice. One of my suggestions is that we take that presumption seriously. I hope the Supreme Court takes my advice.

In your book, you provide numerous examples and stories of particular battles in the preemption war. Could you describe one for us?

One of the most troublesome examples in the book is the case of Buddy Kuhl, a Kansas City resident whose primary care physician recommended that he see a heart specialist after he suffered a serious heart attack. Two different specialists recommended that Kuhl undergo heart surgery at a St. Louis hospital, but his medical benefit plan’s “utilization reviewer” refused to approve his pre-certification request.

Because he could not afford to pay for the operation out of his own pocket, the surgery was canceled. After a third specialist agreed that surgery in St. Louis was necessary, the plan finally did pre-certify the operation. But Kuhl’s heart had deteriorated by then to the point at which surgery was no longer a feasible option. When the specialist recommended a heart transplant instead, the plan refused to pre-certify that surgery as well.

Kuhl died three months later. His family sued the medical benefit plan for botching the job so badly, but a federal court held that the claim was preempted. (See Kuhl v. Lincoln National Health Plan of Kansas City Inc., 999 F.2d 298 (8th Cir. 1993)).

What do you hope readers will learn from your book?

First, I hope the general reader will take away an understanding of how federal preemption works and the unique status of state common law in the context of preemption. Second, I would like the reader to appreciate how very important these issues are to all of us who purchase products and services in a vigorous national economy.

None of us knows when he or she might be injured by some defective product or negligent practice, and all of us expect justice when that happens. We need to be aware of how federal agency preemption of state common law undermines this expectation.