PhRMA

ALEC’s Involvement in Criminalizing HIV/AIDS Sufferers

ALEC’s Involvement in Criminalizing HIV/AIDS Sufferers

by VLTP Executive Director, Bob Sloan

A recent article from the Advocate and the American Independent caught my attention the other day…then it was picked up and republished by Salon yesterday.

These articles help us to dissect how the American Legislative Exchange Council (ALEC) involves themselves in issue specific initiatives in an effort of promoting their “free market,” pro-corporate agenda.  Not to assist the public in overcoming a health or other issue, not to alleviate the false claims or misunderstandings causing members of our society fear – but rather to capitalize off of that fear and if possible to increase the fear for monetary and political gain.

As we’re told by reading these articles, 1988 was the first time ALEC formed a task force to take up a single issue – HIV and AIDS.  During that period in our history there was much misunderstanding, disinformation and outright lies spread about the disease.  While many were trying to come to grips with the issue, ALEC and one of their pharma members were busy fueling the fires, so to speak…ending with the creation of legislation to criminalize the spread of HIV or AIDS.

I would urge everyone to read the linked articles to fully grasp the way in which ALEC is able to accomplish their agenda – and why they continue to be so successful on advancing their conservative model legislation…

I believe this was a pursuit of ALEC to drive those with the disease to the “cure” which was being manufactured by Hoffman La Roche and was then being studied in trials:

“This pharmaceutical company had the HIV-treating drug zalcitabine (also known as ddC) in clinical trials a couple of years prior. That drug would ultimately win Food and Drug Administration approval in 1992 after three successful trials conducted in cooperation with, among others, the National Cancer Institute.

It was bad enough that Hoffman La Roche was anxious to capitalize off a new drug designed to lead the way in treating a new and dangerous worldwide disease.  The fact that they funded the publishing of a book put out by ALEC that called for criminalizing those with the disease unless they divulged to potential partners that they had such a disease, made it worse.  They weren’t actually trying to cure, rather they were attempting to fuel the flames with incendiary proposals that made it a “law” for those with the ailment to publicly disclose derogatory personal health information…and if they failed to inform, they could face prison.

“The efforts of ALEC’s AIDS policy working group were published that year in a 169-page book containing 13 HIV-specific legislative recommendations. Some of those model laws would, after becoming real state laws, go on to effectively criminalize the behavior of people living with HIV and perpetuate a lasting stigma against HIV-positive people. Today, a majority of states have laws on the books that criminalize HIV exposure regardless of whether the virus was transmitted or there was an intention to infect another person with HIV.”“Every half hour in America someone dies of AIDS!” wrote ALEC’s then-executive director (and former Denver Bronco) Samuel Brunelli and Florida state representative Frank Messersmith, then ALEC’s chairman, in 1989 in their introductory letter published in the AIDS working group’s final report. “Yet, despite this terrible toll, we have been unable to implement a coherent public health strategy for dealing with this modern plague. Instead, we have allowed political special interests to paralyze the legislative process and block effective public health measures. This politicization of the public health process is exacting a deadly price.”

One of the pieces of model legislation drafted by the working group was the HIV Assault Act(adopted by ALEC’s membership as Model legislation in 1995).

“This model bill created a felony charge if a person knew he or she was infected with HIV while engaging in “intimate contact” with another person (exposing one’s bodily fluids to another in a way that could transmit HIV); donating blood, organs, or tissues; or sharing intravenous or intramuscular injection equipment.

There are some who would argue that there were already laws on the books in many states in 1988 making the spread of HIV a criminal act and that ALEC’s efforts were therefore inconsequential.  However, that claim would be false:

“When ALEC produced its model HIV Assault Act in 1989, nine states had HIV-specific criminal laws on the books. Today, 32 states and two U.S. territories have laws criminalizing HIV exposure, according to the Center for HIV Law and Policy. Only a handful of laws require intent to transmit the virus, and none requires an actual transmission for criminal prosecution to proceed. Since 2010, HIV-related criminal charges have led to more than 80 prosecutions against people living with HIV in the U.S., according to the LGBT legal advocacy group Lambda Legal.

ALEC now admits that the creation of the task force and publication of the book was due to the urging of “private interests.”

“Tanner said ALEC, which brings lawmakers and corporate interests together to hammer out legislative recommendations, came to address the HIV epidemic because of pressure from “private interests.””Specifically, he recalled that drugmaker Hoffmann-La Roche was a “big mover” and “put up a lot of funding behind publication of the book…”

The most incriminating aspect of this terrible story?  The names of those sitting upon the ALEC “HIV working group”…

“The co-chairs of the ALEC working group were J. Brian Munroe of Hoffmann-La Rocheand Delaware state Rep. Richard DavisRepresentatives from Nationwide Insurance and Alexander Hamilton Life Insurance also served on the AIDS working group.”

All this sad story is missing is the links between this pursuit of HIV prosecutions, profiting off of the illness and funding and the input from individuals such as Charles or David Koch…but wait, here comes another well known name that weighed in on behalf of ALEC and Hoffman La Roche…:

“Long criticized for not doing enough about the AIDS epidemic, which exploded onto the American medical scene in June 1981, President Ronald Reagan established the first Presidential Commission on the Human Immunodeficiency Virus Epidemic in 1987.The first months of the commission, which deliberated for a year, were plagued by public infighting, leading to the resignation of the chair and another member. The final commission included Richard DeVos, co-founder of Amway and frequent donor to social conservative causes; the late Cardinal John O’Connor, who had served as the archbishop of New York and who openly opposed condoms as an HIV-prevention method; and Penny Pullen, a conservative lawmaker from Illinois.

Penny Pullen
Illinois State Representative Penny Pullen has slipped under the radar of ALEC researchers – until now.  Pullen was a member of ALEC for 14 years, serving on the Board of Directors and upon ALEC’s Education Task Force.  A staunch conservative she complained during the hearings of the Commission on HIV about the tax dollars spent on pursuing the HIV/AIDS epidemic…saying it was paid for by taxpayers and should be used by them and not just as a “headline”, but actually read.
DeVos
DeVos is a well known contributor to ALEC and conservative think tanks and heavily involved in privatization 

efforts of public education.  So President Reagan’s “Commission on the Human Immunodeficiency Virus Epidemic ” included ALEC members and supporters sent there with an agenda.  These folks went right to work finding ways to capitalize off a terrible and frightening disease and to enrich fellow ALEC member, Hoffman La Roche.

Here is a story that only comes out nearly 25 years after the act was accomplished and the damages began to accrue.  This single case demonstrates how ALEC and their conservative cabal use fear to create the illusion that “their” solution is the salvation…how they use the contributors (DeVos and their financial and political influences), their corporate members and influential lawmakers to coordinate their pursuits of profits through crafting legislation that attaches a criminal penalty for failure to comply.

This is precisely what the cabal had already been doing for nearly a decade by filling the public with a fear of crime then crafting criminal justice legislation on three strikes, minimum mandatory sentences and other harsh criminal laws used to fill prisons.  That was followed by creating a prison industrial complex using prisoners for slave labor for corporate manufacturers (claiming the prisoners they worked so hard to imprison needed training for rehabilitation)…when the AIDS/HIV epidemic came along, they put their tried and true skills to work to capitalize off that debilitating disease.  Today they use the same skill sets and tactics to pursue right to work, voter ID suppression and to end collective bargaining.

Still today, the laws ALEC helped to write are still being used to prosecute those with HIV or AIDS in many states.  Hoffman La Roche scored big time, raking in millions in sales of their HIV drug by consumers who’s fears had been elevated by the disease and the legislation put out by ALEC to criminalize those with the disease.

I’m hopeful that the LGBT community takes ALEC and their PhRMA members to task for how this was accomplished, the non-transparent way in which it was done and the mental and physical harm caused by their actions.

ALEC-New Partnerships and Exposing Hidden Foreign Influences – with a Comparison to the NCSL

ALEC Finds New Friends

Republican Study Committee (RSC) a Quiet New Partner

Seems ALEC is searching for legislative support through a new partnership as dozens of members – legislative and corporate – abandon membership in the organization.  In the article about this they provide the RSC is meeting with ALEC at the Heritage Foundation next week:

“Frankly, this gathering is long overdue,” Paul Teller, the executive director of the RSC said in a statement.

“As Washington encroaches more and more into state and local spheres, it’s important that conservative legislators at the federal and state levels collaborate on policies to stop and roll back the ever-expanding federal government.”

“Recent legislative proposals on Capitol Hill have focused on rolling back federal involvement in states, such as efforts to replace Medicaid and the Children’s Health Insurance Program with block grants and to allow states to opt out of the federal highway and mass transit programs. Those positions are very much in line with ALEC’s efforts to empower states…Kaitlyn Buss, a spokeswoman for ALEC, said in an email that there is “no formal partnership with ALEC and any organizations.”

“Obviously federalism is one of ALEC’s foundational principles, and so facilitating a conversation about federalism is very much in line with our work,” Buss added.”

I would suggest to the RSC that they fully research ALEC and understand the extent of the group’s efforts to “Roll Back” the federal government before ecstatically climbing into bed with them…but of course, since the RSC, ALEC and the Heritage Foundation were all founded by Conservative activist, Paul Weyrich, they’re already well acquainted.

This is why it is important for us to understand just how far ALEC will go to influence state sovereignty by attempting to lessen the controls exerted upon individual states through federal governmental controls and oversight. In the past the Heritage and members of the RSC have quietly lent assistance to ALEC in their pursuits – now it appears they are preparing to remove the curtain obscuring the close troika-like relationship. I think this removes any further claim of ALEC being truly “bi-partisan” in their operation and legislative pursuits.

Before we consider what the impact of a joint RSC/ALEC partnership against federal controls would have upon the U.S., we should first look at current ALEC activities along these lines involving memberships held by foreign representatives. Together ALEC’s state lawmakers work hand in hand with several influential foreign elected officials to establish US state and foreign policies and pass laws suggested by those representing foreign powers…and the claim ALEC makes that their activities are similar to those of the National Conference of State Legislators (NCSL)….not by a long shot More →

ALEC’s Koch Funded Cabal “Educating” our state and Federal Judges

ALEC’s Koch Funded Cabal “Educating” our state and Federal Judges

A VLTP Special Report – ALEC’s Federal Interference, Part II

August 20, 2012 | by Bob Sloan

Last month I began a two part series that began with “ALEC, the Koch Led CABAL & “The Amicus Project” – Fed Court Interference.” The first segment dealt with identifying and exposing ALEC’s Koch-funded cabal interfering with our judicial processes by filing hundreds of “Amicus Briefs” to state and federal courts in pending cases.  These were cases involving issues under the 1st, 2nd, 4th, 5th and 14th Amendments and other rights – and submitted by numerous cabal members, such as ALEC, Heritage, Heartland, Chamber of Commerce, National Federation of Independent Businesses, CATO, Mackinac, etc.

When they file these briefs it is not sufficient to simply join together and file one comprehensive “brief” or argument in support of whatever position the cabal’s side is advocating for.  No, they file separate briefs making it appear that there is a groundswell of support on the cabal’s side of an issue.  I described this as the “front door” access the cabal uses in their attempts to influence outcomes in judicial cases involving legislative and related pursuits of the cabal.

This diary will introduce everyone to the cabal’s “back door” access to and influence upon state and federal judges through seminars and conferences provided by the cabal members...to in effect “program” judges to rule favorably in key cases.  These seminars are used to “educate” our judiciary as to the positions held by corporations and other matters important to businesses and their wealthy owners.  These seminars are provided to judges prior to important case reviews…the amicus briefs are “reminders” to the judges of what they “learned”through these seminars that were provided along with luxury vacations paid for by many corporations that may eventually wind up as a party before one or more of these judges.

The seminars take place at truly plush resorts (many of them the same used by ALEC for their annual meetings involving legislators) during all expense trips provided to the judges by a number of Conservative funded organizations (click the blue links for more information about these groups); the Foundation for Research on Economics and Environment (FREE Foundation), George Mason University’s Law and Economics Center, Northwestern University’s Northwestern Law Judicial Education Program, James Madison University’s Center for the Constitution at Montpelier and several other, smaller organizations.

These seminars are a way for ALEC’s corporate members and contributors to assist the cabal’s pursuit of influencing judges to render pro-corporate decisions on important issues and cases.  Below the fold I’ll provide some of the information, a video from ABC’s 20/20 and other documents identifying how this entire “system” has been set up, the funders and backers and the impact these maneuvers have had upon our judicial system.

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Since the founding of the American Legislative Exchange Council (ALEC) in 1973, conservative Republicans have pursued one overall objective – to control all three branches of the federal government.  The reason for seeking to gain total control is obvious.

In this pursuit they began by striving to grab control of state government’s three branches: legislative, judicial and gubernatorial.  In this latter effort, they have been relatively successful in that today they have twenty-one fully controlled state governments.  Many of these states became “Red” after the 2010 election that brought wins to the Tea Party and control to the GOP in more states than ever before.

It isn’t sufficient for anyone seeking control of our government to merely hold a majority in any of the three branches of government – they also need those in the controlling majorities to think like they do, owe their careers to those who worked to put them in office or exhibit a genuine allegiance to an overall agenda.

In 2001 ABC’s 20/20 presented an expose titled “Junkets for Judges” which can be found on YouTube in a two part presentation.  Here is a link to part two.

An important part of the foregoing investigative report is the fact that they claim as of 2001 they had identified more than 500 US judges who had attended these seminars.  Many that attended were at the time sitting in review of cases involving issues that were discussed at the seminars – and some returned to their courtrooms, and ruled favorably on behalf of corporate rights over governmental rights.  This 20/20 report only reports on the GMU seminars.  They don’t address the ones provided by FREE, Northwestern University, Liberty Fund or others.  At that time FREE had not opened their doors to state appellate and Supreme Court Justices and judges, providing the same pro-corporate seminars to them.

These junkets are designed to provide attending judges with an ultra-conservative, pro-corporate outlook on key issues.  During these free trips judges attend daily seminars provided by purported scientists, corporate executives and others advancing a one-sided, pro-corporate, free-market conservative ideology.  The seminars are designed to impart to the attending judiciary, corporate or business points of view on critical issues involving environment, economics, tort reform, EPA and takings law (eminent domain).

The cabal uses these free vacations in the same manner as the travel companies and time share companies do…everyone of us has been subjected to offers of “free vacations” for simply attending a time share presentation.  None of us plan on buying a time share, or joining a “discount” club – but face it, many do and for that reason the techniques are successful and continue to be used year after year.  These judicial education trips are no different.  Judges get an all expense paid trip, thinking they will have fun and can ignore the  propaganda presented in the seminars…but in the end, if they want to be able to take more of these trips, at some point they have to rule as if they’ve “learned” something at the previous ones, and thus be allowed subsequent trips.

I’m sure that those behind this activity involving the programming of judges, will no doubt claim that everyone has the right to advance their own arguments on important legal cases…that there are numerous other organizations providing seminars, conferences and work shops for judges.  Just as they’ve done in defense of ALEC’s operations and pursuits of proposing and passing state laws favorable to their conservative political agenda.

There are important differences between the cabal’s efforts of influencing the judiciary – and legislation – and the efforts put forth by others; the partisanship of their efforts.  All of their activities are designed to advance a pro-corporate, conservatively political position.  The claim of bi-partisanship or non-partisan makeup of the cabal’s members is delusional.  ALEC for instance has conservative leaning Democratic members, but they hold no positions of authority within the ALEC hierarchy; no chairmanship of ALEC’s task forces, on their Public sector board, etc.

Though the 20/20 expose concentrated upon George Mason University’s involvement in providing these trips for our judges,we found several additional universities and private, non-profit organizations participating in these efforts at both the state and federal level.  All but one are provided by conservative organizations, foundations or schools:

•    George Mason University(Law and Economics Center – LEC)   (Recipient of Koch funding totaling $20,297,143 from 1986-2006 ), Earhart Foundation, JM Olin Foundation.
•    Foundation for Research on Economics and Environment (FREE).  Funded by ExxonMobil, GE Foundation, Koch Family Foundation  ($1,305,500 through 2006), JM Olin Foundation, Earhart Foundation and Castle Rock Foundation (Coors). ($65,000 in 2009) and the Claude Lambe Foundation ($1,540,000).
•    Northwestern Law Judicial Education Program (funded by many key ALEC members, including Koch) .
•    Liberty Fund providing judicial conferences and seminars to/for Judges.
•    Federalist Society  (Koch funded   $1,437,200 through 2006)
•    Aspen Institute (Koch funded  $1,115,000 through 2006 with David Koch on the BOD).
•    University of Kansas, Law and Organizational Economics Center (LOEC) begun in 1995 by Henry Butler  with a $1,000,000 grant from the Fred and Mary Koch Foundation (see section on Henry Butler below).
•    International Judicial Academy which provides seminars for judges on the International level.

Supporters of the IJA have included; JEHT Foundation and Foundation to Promote Open Society.  JEHT Foundation ceased to operate in 2009 due to the Madoff ponzi scheme where their money was invested.  Foundation to Promote Open Society gets some of their principal funding from George Soros. Much of their contributions and donations received – along with their expenditures – are to/from other countries and include non-Soros’ funding.If you would like to know if a specific federal judge has attended one or more of these seminars, please visit http://tripsforjudges.org/ where you can input a judge’s name and search by organization, foundation, etc.  This link is somewhat outdated and does not have current information for 2012, but much of the information is in there and worth a look.

Other organizations provide judicial “training” to state and federal judges, but the foregoing seven are those with ongoing regularly scheduled seminars and trips.  Some completely reimburse judges for travel, housing and food while others reimburse to a set amount (such as U of K’s LOEC that reimbursed state judges up to $500.00 cap for travel).

The funding for six of the seven providing such judicial trips are funded with money from one or more of the Koch controlled family foundations.  In addition many known conservative foundations also fund these trips and seminars for judges, including; John M. Olin Foundation, Inc., M.J. Murdock Charitable Trust, Castle Rock Foundation, Claude Lambe Foundation (Koch controlled) and the Lynde and Harry Bradley Foundation.

A sampling of topics presented in the seminars to these judges – state and federal – include; environment, takings laws (imminent domain), economics, tort reform, juror selection and jury decision making, The presentations are made by speakers from various colleges, universities and of greater importance from corporate CEO’s and executives representing Shell Oil and other major ALEC member corporations.  In addition many of the presentations are made by those representing; Heritage Foundation,  American Enterprise Institute, National Center for Policy Analysis, George Mason University, Brookings Institute and several other mostly conservative entities.

Trip/seminar funding listed by George Mason University include most of ALEC’s for profit corporate members, and the non-profits that fund ALEC – and most have ties to the Koch and related foundations previously mentioned.  (Those in bold are known ALEC/Koch benefactors, affiliates or corporate members). These funders are:

3M (former ALEC member)
Abbott Laboratories  (ALEC member)
Aequus Institute
Armstrong Foundation  (ALEC funding source)
AT&T (ALEC Member)
Atlas Economic Research Foundation
Batchelder III, Hon. William G. (current Speaker of the Ohio House)
Batchelder, Hon. Alice M. (Chief Judge, United States Court of Appeals, Sixth Circuit)
BP America, Inc. (ALEC member)
Brunswick Corporation
Castle Rock Foundation (Coors, ALEC funder)
Charles G. Koch Charitable Foundation (ALEC Funding)
CIGNA Corporation (ALEC affiliated through Nickles Lobby firm)
Coca-Cola Company (former ALEC member)
Commonwealth of VA Tax Donations
Cortopassi Institute
Dow Chemical Company  (ALEC member)
Earhart Foundation
Exxon Mobil Corporation (ALEC member)
FedEx Corporation (ALEC member)
General Motors Corporation (ALEC member)
Gillette Company
Goodrich Foundation
John M. Olin Foundation
John William Pope Foundation
Johnson & Johnson (ALEC member)
Lilly Endowment, Inc. (ALEC member [Eli Lilly parent])
Lynde and Harry Bradley Foundation
Oblon, Spivak, McClelland, Maier & Neustadt (Koch Ind. Patent Atty)
Pepsico Inc. (former ALEC member)
Pfizer, Inc. (ALEC member)
Property and Casualty Ins. Ass.
Randolph Foundation
Roe Foundation
Samuel Roberts Noble Foundation, Inc.
Sarah Jane Humphreys Foundation, Inc.
Sarah Scaife Foundation, Inc.
Searle Freedom Trust
Sharp Foundation
Shelby Cullom Davis Foundation
Shell Oil Company (ALEC member)
State Farm Insurance Companies (ALEC member)
Sunmark Foundation
U.S. Chamber of Commerce (ALEC member and joint amicus brief filings)
Unilever United States, Inc. (former ALEC member)
Verizon Communications (ALEC member)
William E. Simon Foundation
J.P. Humphreys Foundation

And when we researched Northwestern Law’s Judicial Education Seminars we found many of the same funding sources:

American Petroleum Institute (ALEC affiliate)
AT&T Inc. (ALEC member_
Charles G. Koch Charitable Foundation
 (ALEC benefactor/member)
Ewing Marion Kauffman Foundation
Exxon Mobil Corporation (ALEC member)
LyondellBasell Industries (ALEC member)
McDonald’s Corporation (former ALEC member)
Microsoft Corporation (ALEC member)
Pfizer Inc. (ALEC member)
Searle Freedom Trust (ALEC affiliate – Heritage Foundation funder)
Shell Oil Company (ALEC member)
State Farm Mutual Automobile Insurance Company (ALEC member)
The Dow Chemical Company (ALEC member)
The Lynde and Harry Bradley Foundation (ALEC/Koch affiliate & funding)
U.S. Chamber of Commerce (ALEC affiliate and joint amicus brief filings)

Here is a picture from FREE’s 2007 website that listed their funding sources for the judicial education program:free 2007 funding

Again, we see many of the same sources that are funding GMU and Northwestern University’s programs.  Note the corporate donors are all ALEC members – or were in 2007 – and the $100,000 annual contribution from the Koch’s Claude Lambe Foundation.

In 2006 federal courts began requiring that all “seminars” provided to judges had to be reported.  The reports required submission of the organization providing the seminars, topics presented and the name and organization presenting, where the funding came from for each.  A current listing of seminars held and reported to the US court since 2009 is found here.  As you’ll find if you visit, there are page after page of such seminars directed at “educating” our judges – state and federal.  Each one has basically the same funders, presenters, and you’ll also see that in many cases funding is provided by federal judges and their wives for these events.

The FREE foundation was uncomfortable filing such reports with the court system, so after we exposed them in 2010-2011, FREE decided to stop dedicating their seminars to judges.  Now they provide the same seminars, with the same topics and presenters but provide that these are for “Religious Leaders”.  Judges are still free to attend these FREE seminars – but since FREE lists them as for Religious Leaders, there is no requirement to submit reports to the US court system about them…no list of benefactors, topics, presenters, attendees, etc.

George Mason, Northwestern, Liberty Fund all continue to report their judicial seminars to the federal court as required.  FREE is the only one to cease their reporting by now claiming that their seminars are no longer dedicated to judicial education – but the seminars are “still open to judges” that wish to attend.

As with the ALEC model legislation, many of the titles provided for the topics covered in these judicial seminars are worded innocuously so they sound non-partisan and beneficial to the public as a whole.  We learned with ALEC to be suspicious of the wording of their proposed legislation and look instead to the content.  One has to do the same with the titles of the seminars and subjects listed for educating judges.  Below are just a few.  Those in bold are known ALEC/Koch affiliates:

Center for the Constitution at Montpelier June and December 2010 (Funder: Robert H. Smith)The Future of Executive Authority
Historical Context of the Constitution Related to Modern Technology
Future of the Fourth Amendment
Bioengineering and the Future of 14th Amendment Personhood

Foundation for Research on Economics and the Environment August 2011 (funded by MJ Murdock Charitable Trust)
Taking the Long View of Progress

Foundation for Research on Economics and the Environment July 2010 (funded byMJ Murdock Charitable Trust)

George Sack (John Hopkins University)
Addiction: A Disease of the Brain or a Disorder of Choice?

Sally Satel (American Enterprise Institute)
Delusions and Dreams vs. Consumer Driven Health Care

Regina Herzlinger (Harvard Business School)
Foundations for Understanding Health Care Policy

Regina Herzlinger (Harvard Business School)
Genetics and the Future of Medicine

Raymond Gesteland (University of Utah)
Genetics and the Future of Medicine

George Sack (John Hopkins University)
Information, Incentives & Health Care Decision Making

John Goodman (National Center for Policy Analysis)
Perspecives from a Medical Entrepreneur

George Herzlinger (Belmont Instrument Corporation)
Potentials for Policy Reform

John Goodman (National Center for Policy Analysis)
Potentials for Policy Reform

Regina Herzlinger (Harvard Business School)
Practical Problems with Organ Donation

Sally Satel (American Enterprise Institute)
Reflection on Science and Policy

Raymond Gesteland (University of Utah)
Reflection on Science and Policy

Foundation for Research on Economics and the Environment August 2010 (funded by MJ Murdock Charitable Trust – Seminar title: Terrorism, Civil Liberty and National Security [08/08/2010 – 08/12/2010] (continued))

James Carafano (The Heritage Foundation)
Cyber-Screwed- Why We Can’t Fight Cyber-terrorism

James Carafano (The Heritage Foundation)
The Unhappy Marriage: Civil-Military Discord in Fighting Terrorism

Charles Fried (Harvard Law School)
Sunni and Shi’a: There Are Differences and Why They Matter

Richard Stearns (United States District Court)
Terrorism and the Allocation of Public Resources

Richard Stearns (United States District Court)
The Limits of Law- The Necessity of Executive Disobedience

Charles Fried (Harvard Law School)
The Limits of Law- The Necessity of Executive Disobedience

George Mason University Law & Economics Center
Seminar title: Economics Institute for Judges, Week 2 [03/10/2012 – 03/16/2012] Funded by xyz corp.

Todd Zywicki (George Mason University School of Law)
Mortgage Markets

Todd Zywicki (George Mason University School of Law)
On the Efficiency of the Common Law

Todd Zywicki (George Mason University School of Law)
The Not-So-Good Old Days of Consumer Credit

Henry N. Butler (George Mason University School of Law)
Economic Thinking

Henry N. Butler (George Mason University School of Law)
Economics of Insurance

Henry N. Butler (George Mason University School of Law)
Law & Economics in the Courts

Henry N. Butler (George Mason University School of Law)
Supply, Demand & Mutually Beneficial Exchange

Northwestern Law Judicial Education Program Seminar title: Advanced Law and Economics Institute: Environmental Economics [09/21/2009 – 09/23/2009]

Funders
American Petroleum Institute
AT&T Inc.
Charles G. Koch Charitable Foundation
Ewing Marion Kauffman Foundation
Exxon Mobil Corporation
LyondellBasell Industries
McDonald’s Corporation
Microsoft Corporation
Pfizer Inc.
Searle Freedom Trust
Shell Oil Company
State Farm Mutual Automobil Insurance Company
The Dow Chemical Company
The Lynde and Harry Bradley Foundation
U.S. Chamber of Commerce

Speakers/Topics

Henry Butler (Northwestern University School of Law)
Environmental Federalism

Henry Butler (Northwestern University School of Law)
Externalitites

Henry Butler (Northwestern University School of Law)
Markets in Action

Henry Butler (Northwestern University School of Law)
Review of Economic Concepts: Incentives Matter

Northwestern Law Judicial Education Program
Seminar title: Economics Institute for Judges [10/11/2009 – 10/16/2009]

Henry Butler (Northwestern University School of Law)
Corporate Governance

Henry Butler (Northwestern University School of Law)
Economic Evidence

Henry Butler (Northwestern University School of Law)
Forensic Economics

Henry Butler (Northwestern University School of Law)
Information and Prices, Allocative Efficiency, Equilibrium

Henry Butler (Northwestern University School of Law)
Principal-Agent Problems and Contracting

Henry Butler (Northwestern University School of Law)
Risk, Injury, and Liability

Henry Butler (Northwestern University School of Law)
Scarcity, Mutually Beneficial Exchange, Comparative Advantage

George Mason University Law & Economics Center
Seminar title: The Strategic Constitution [10/21/2009 – 10/24/2009]

Robert Cooter (Boalt Hall School of Law, Univ of CA, Berkeley)
The Strategic Constitution

George Mason University Law & Economics Center
Seminar title: Economic Analysis of Law [11/06/2009 – 11/12/2009

Charles Goetz (University of Virginia School of Law)(Member American Family Business Foundation)
Analyzing Human Choice

Henry Manne (George Mason University School of Law (Emeritus)
Corporate Law

William Landes (University of Chicago Law School)
Economic Structure of Tort Law

Charles Goetz (University of Virginia School of Law)
Fairness vs Efficiency

William Landes (University of Chicago Law School)
Intellectual Property

William Landes (University of Chicago Law School)
Negligence, Strict Liability and Causation

Charles Goetz (University of Virginia School of Law)
Rivalrous and Risky Decisions

Charles Goetz was a signatory to Milton Friedman’s letter: “Top Economists Agree: It’s Time to Repeal the Death Tax!” letter sent under the letterhead of the American Family Business Foundation in 2001.  Other signatories included ALEC, Jonathan Williams (ALEC), Art Laffer (ALEC Scholar), Henry N. Butler (review of the US Court’s Seminar reports linked to above, reveals that Butler is a frequent speaker at most of the seminars given to judges).  His credentials vary, sometimes listing him as GMU School of Law, Northwestern U’s School of Law, etc.It is important to know who these people are who are lecturing our judiciary.  Let’s look closer at Henry N. Butler.  As noted above, Butler founded the University of Kansas’ Law and Organizational Economics Center (LOEC) in 1995 with a $1,000,000 grant from the Fred and Mary Koch Foundation.  Here is more on Butler from Wiki:

Henry N. Butler (born c. 1955) is an American professor of law, economics, and public policy. He currently serves as the executive director of the Searle Center at the George Mason University’s School of Law. He formerly served as the Director of the Judicial Education Program at the American Enterprise Institute-Brookings Institution Joint Center for Regulatory Studies. Butler is a conservative and a supporter of free markets with little regulation; he has acted as an expert witness in a legal cases involving antitrust, restrictive covenants, damages, joint ventures, and other issues.Butler ran unsuccessfully as a Republican for the U.S. House of Representatives from Virginia’s 11th congressional district in the 1992 elections; he lost the general election to Democrat Leslie L. Byrne.

Butler received his Bachelor of Arts degree in economics from the University of Richmond in 1977. He then attended Virginia Tech, where he earned a Master of Arts in 1979 and a Ph.D. in 1982. There he studied under Nobel Economics Laureate James M. Buchanan. Butler received his Juris Doctor law degree from the University of Miami School of Law in 1982, where he was a John M. Olin Fellow in Law and Economics.

Butler spent three years at Texas A&M as an assistant professor of management before becoming a John M. Olin Fellow in Law and Economics at the University of Chicago Law School during the 1985-86 academic year. From 1986 to 1993, Butler was a professor at George Mason University School of Law. After 1992 Butler was a Fred C. and Mary R. Koch Distinguished Professor of Law and Economics at the University of Kansas School of Law and School of Business, and for a short time served as dean of the Chapman University, Argyros School of Business and Economics and Chairman of the Chapman University Law and Organizational Economics Center before moving to Chapman in 2001.

Butler has been involved in the political and legal spheres. While at George Mason University, he served as director of the Law and Economics Center at the George Mason University School of Law, which operates the Economics Institutes program for federal judges, which is controversial. In December 1995, Butler introduced the Economics Institute for State Judges at the University of Kansas’ Law and Organizational Economics Center.

Butler has written extensively on law and economics. He has written a casebook, Economic Analysis for Lawyers (with Christopher Drahozal, Carolina Academic Press), used at the Economics Institute for State Judges. Other books by Butler include Unhealthy Alliances: Bureaucrats, Interest Groups, and Politicians in Health (1994,American Entreprise Institute) The Corporation and the Constitution (with Larry E. Ribstein; 1995, American Entreprise Institute); and Using Federalism to Improve Environmental Policy (with Jonathan R. Macey; 1996, American Entreprise Institute).

Butler serves on the Legal Advisory Council of the AEI Legal Center for the Public Interest and the Advisory Board of the Atlantic Legal Foundation.

Butler has been cited (report to the Kansas Insurance Commission) in key reports involving insurance and spoken to the Federal Trade Commission on economic issues.University of Kansas, School of Law…”a Fred C. and Mary R. Koch Distinguished Professor of Law and Economics at the University of Kansas School of Law.  Know who else is now advocating “Excellence in Advocacy” at U of K’s School of Law?  Shook, Hardy and Bacon – the law firm that advances ALEC’s “Tort Reform” model legislation through the Civil Justice Task Force.  The CJTF is directed by Victor Schwartz of SHB, and another SHB attorney sits as the CJTF “Advisor” – Mark Behrens.

Here’s a picture of Victor Schwartz of SHB giving a presentation on Tort Reform to ALEC’s Civil Justice Task Force working group in 2010 in San Diego:

Schwartz at ALEC TF Meeting in SD

Today as yesterday, pictures say a lot…here are three pictures of Henry Butler.  In the first, he’s speaking at ALEC’s 2010 Meeting in San Diego, CA.  In the second he is speaking at a Searle Center judicial seminar in 2010 and in the third are judges sitting in attendance at that seminar…

Henry Butler speaks at ALEC

Henry Butler speaks at Searle Economics Institute seminar

Judges at Searle 2010 Butler Seminar

Another frequently used speaker at these judicial education seminars is Todd Zywiki, professor at GMU.  Here is Zywiki’s bio provided by the FREE Foundation where Zywiki sits upon their Board of Directors:

Todd J. Zywicki is Professor of Law at George Mason University School of Law ands Co-Editor of the Supreme Court Economic Review.  From 2003-2004, Professor Zywickiserved as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, and Mississippi College School of Law.Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.

Professor Zywicki is a Senior Scholar of the Mercatus Center at George Mason University, Senior Fellow of the James Buchanan Center, Program on Politics, Philosophy, and Economics, at George Mason University, a Senior Fellow of the Goldwater Institute, and a Fellow of the International Centre for Economic Research in Turin, Italy.  During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw NationalFellow at the Hoover Institution on War, Revolution and Peace.

Professor Zywicki is the author of more than 60 articles in leading law reviews and peer-reviewed economics journals.  He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network, both All Time and during the Past 12 Months.  Heserved as the Editor of the Supreme Court Economic Review from 2001-02.  Hehas testified several times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, andThe Laura Ingraham Show.  He is a contributor to the popular legal weblog The Volokh Conspiracy and The Atlantic Business Channel of The Atlanticmagazine.

Professor Zywicki is a member of the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business, the Executive Committee for the Federalist Society’s Financial Institutions and E-Commerce Practice Group, the Advisory Council of the Competitive Enterprise Institute, and the Program Advisory Board of the Foundation for Research on Economics and the Environment.  He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois.  He serves on the Board of Directors of the Bill of Rights Institute and in 2005 he was elected an Alumni Trustee of the Dartmouth College Board of Trustees.

Federal Judge Jerry E. Smith that Zywiki clerked for, attended many of the GMU and FREE trips and seminars: http://tripsforjudges.org/….  Click on judges, select Jerry E. Smith and look for yourself: trips and seminars from FREE, Liberty Fund, Federalist Society, etc.  Here’s a partial screen shot of some of his attendance:Judge Jerry Smith trips for judges screen shot

The Chairman of FREE is John Baden.  Baden and FREE are not only important as a part of programming our judges, he has shown he has great influence at the SCOTUS level as well (remember I began this with a segment on the use of Amicus briefs used at the federal and SCOTUS levels of our judiciary).  Here is Baden, his wife and FREE’s Associate Director Pete Geddes with Supreme Court Justice, Clarence Thomas at a Heritage Foundation President’s dinner:

SCOTUS Thomas at Heritage Presidential Dinner

Here is a muckety chart showing the connections between Justice Thomas and the Koch cabal…

Harlan R. Crow affiliations

Notice that near the center of this graph, you find beside Thomas: Charles G. Koch foundation, Searle Freedom Trust, American Enterprise Institute, Coors and Castlerock Foundation, Scaife Foundation, Lynde and Harry Bradley Foundation and from there it widens out to include most of the cabal organizations, foundations and individuals involved.

In this graph, you’ll find the connections between Justice Thomas’ law clerk, Naomi Rao and other organizations. (RAO was a witness against the confirmation of Justice Sonia Sotomayor – and links to the Bush administration:

Neomi Rao

Much of the policy, legislation and resolutions the seminars provide to judges are based upon pro-corporate pursuit and are/were financially beneficial to not only the Koch brothers (personally), but to ALEC’s corporate membership; ExxonMobil, AT&T, Koch Industries, PhRMA, GlaxoSmithKline, Johnson and Johnson, their Insurance company members, etc.  Not only is Koch’s interests and that of the corporate members assisted through this form of judicial influence, but also other Conservative “foundations” which help fund the cabal’s overall “free market” pursuits.

Arguments that “we’re only doing what other bi-partisan organizations are doing” is bullshit.  As the above demonstrates, all of this is being done to advance an agenda that is totally partisan and dedicated to the views and positions held by one political group – a minority view.  This is how the conservative faction has become able to successfully pursue their vision of democracy and America over the objections raised by the majority.  We now can clearly see all their activities; the model legislation, resolutions, judicial and legislative influences and the corruption bought through campaign contributions.  It all has a purpose, design and end goal…none of which any of us as true Americans will accept or condone.  One glaring example of their pursuits and influence is demonstrated by looking at the Citizen’s United SCOTUS decision and how that has benefited the GOP party – and in particular the conservative faction of that party owned, operated and controlled by the likes of Grover Norquist and Karl Rove.  Look what has happened in America since that single SCOTUS decision brought to us in part through the cooperation of Thomas, Scalia and Alito – all with ties to the Federalist Society and Koch money.

Between ALEC’s Federal Forum Task Force, their Amicus Project and these seminars, our federal judiciary is continuously “educated” in the ways of the cabal and the pro-corporate positions advanced.  At the core of these efforts are several key players; the Koch brothers (obviously), the U.S. Chamber of Commerce, the National Federation of Independent Businesses, George Mason University, Heritage Foundation and Mackinac Center, etc.  The tools used include not just pro-corporate seminars and filing briefs to the same judges – it also includes placement of key “clerks” and “interns” close to these judges and SCOTUS.  With the constant pressure, influence and being in close proximity to individuals representing the cabal, the trend of our courts to lean to the right in many of their decisions and opinions is not surprising.  What is surprising is the fact that all of this has been ongoing for decades and operating quietly under the radar of us all.  They have been so successful that by 2012 this has become the “norm” for political and judicial reporting.  Too many of our large media outlets are now compromised and for those of us operating in “alternative” media outlets, our audiences simply are not large enough to have a substantial impact.  This all works to the benefit of the cabal – who collectively now own or control more than 85% of the US news outlets.

We can ill afford to allow this status quo to continue.  VLTP and our Abolish ALEC group on DK have worked for months on end to research, compile and prepare these investigative reports for Daily Kos readers and Progressive voters.  It is important to make this material available to all – yes, even Republicans who are blissfully unaware of the corrupt influences such as those described above, being wielded under the GOP banner, should be made aware and forced to make a choice as our country moves forward.

In upcoming segments we’ll introduce many to the cabal’s involvement with foreign government representatives (without the knowledge of those nations) to develop U.S. policies and laws…and we’ll provide a true and accurate comparison between the NCSL and ALEC.

Be sure and visit our website at www.vltp.net for the latest news, articles and opinions on ALEC and the cabal.  If interested in research interning, send us an email through the website.  If you have information, ideas or documents, contact us through the website and let’s all work together to disinfect ALEC and the cabal and remove them from our democracy altogether.

A Lot of White Space: Firms Drop Off ALEC’s Meeting Brochure

Very significant results of the ongoing campaign to make ALEC a toxic relationship for its corporate members.  Reported on by Lisa Graves of CMD and re-posted hereApparent among all of the excellent information she has provided, is the emergence of the State Policy Network (SPN) as perhaps the “heir apparent” to ALEC?  To find out a lot more about SPN, I refer you to Sourcewatch’s report on SPN’s finances, membership, and goals, which you can read by clicking here.
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…last year’s conference was filled with favorable press coverage and bankrolled by at least 82 private sector corporations were convention underwriters.

This year, only 36 corporations were willing to have their logos listed as paying for ALEC’s schmooze and booze affair. Not all 46 of those missing corporations have left ALEC, but dozens have fled the sunshine that CMD and other investigative journalists, advocates, and concerned citizens across the country have focused on ALEC and the power it has given to corporations to try to rewrite hundreds of laws across the United States.

The Gates Foundation’s Leveraged Philanthropy

Corporate Profit Versus Humanity on Three Fronts – The Effect of ALEC Members/Policies on the World

The Gates Foundation, and Gates personally, also own stock and reap profits from many of these same partner corporations. In addition, the Foundation owns a profit-generating portfolio of stocks which would seem to work against the Foundation’s declared missions…

Gates’ leveraged philanthropy model is a public-private partnership
to improve the world, partly through targeted research support but principally through public advocacy and tax-free lobbying to influence government policy. The goal of these policies is often to explicitly support profitability for corporate investors, whose enterprises are seen by the Gates Foundation as advancing human good. However, maximum corporate profit and public good often clash when its projects are implemented.

For example, chemical giant Monsanto has partnered with the Gates Foundation, which reportedly works to suppress local seed exchanges and environmentally sustainable agricultural practices through its global agricultural charity work. Fraud-prone drug giant GlaxoSmithKline  is a partner in the Foundation’s work to leverage its own relatively fractional contribution to vaccination efforts, so that it centrally controls enormous world funds for purchase, pricing, and delivery of vaccines for world public health. And in its U.S. education reform charity work, the Gates Foundation has increasingly shifted its funding to promote market domination by its British corporate education services partner, Pearson Education.

To read all about the ramifications of the various Gates Foundations intentions, please click here