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Valuable Fisk University Art May be Repossessed by the State
1:24 PMSep 13
Source: BV Black Spin
This week, Tennessee state Attorney General Bob Cooper asked a judge to allow the state of Tennessee to take possession of a 101-piece art collection owned by Fisk University. The collection was donated to the university by the late Georgia O'Keefe ... Read More
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John Boyd, President of the National Black Farmers Association: Black Farmers Deserve Justice Now
1:15 PMSep 13
Source: BV Black Spin
When John Boyd steps before a crowd and talks about the indignities and discrimination that black farmers have had to endure from the federal government, he's not just speaking from a script. Boyd, who raises beef cattle, corn, wheat and soybeans in ... Read More
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Nicki Minaj Has Lady Gaga Swag, Laurie Ann Gibson Says
12:32 PMSep 13
Source: BV Black Spin
Could Nicki Minaj be the next Lady Gaga? Laurie Ann Gibson certainly thinks so. Choreographer extraordinaire Gibson worked with Gaga to create the dance chemistry in Gaga's MTV Video Music Award-winning "Bad Romance" video and also put together ... Read More
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10 Ways the NFL Can Punish Reggie Bush Properly
12:00 PMSep 13
Source: theBVX.com
New Orleans Saint Reggie Bush may be stripped of his Heisman Trophy soon for NCAA violations during the 2004 and 2005 seasons while attending University of Southern California. But, is that all? We can think of ten more ways the NFL can punish Bush ... Read More
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Dr. Boyce Video: Meet Bruce George, Creator of Def Poetry Jam
11:48 AMSep 13
Source: BV on Money
PRODUCTION PLAYER! DO NOT DELETE. ... Read More
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Daily SMH: Jennifer Hudson's Brother-In-Law Exploits Tragedy
11:00 AMSep 13
Source: theBVX.com
Some people will say anything to get their rap career off the ground. Jennifer Hudson's brother-in-law and the father of her slain nephew is no exception to the rule. ... Read More
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MTV Video Music Awards Red Carpet Rundown
9:00 AMSep 13
Source: BV on Style
The 2010 MTV Video Music Awards -- one of the most anticipated awards show of the year -- has come and gone. However, many of the outfits from last nights show are still fresh in our minds. Fun, short and flirty dresses, high platform heels, and ... Read More
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Black Man's HIV Status Leads to Breakthrough in Research
2:21 AMSep 13
Source: BV Black Spin
According to scientists, HIV research is undergoing a "renaissance." Recent developments can lead to a plethora of new drugs to fight a disease that has crippled the black community. The most interesting part of it all is that much of the progress ... Read More
Monday, September 13, 2010
Fisk University May Have $74M Art Collection Taken by the State – School May Close as Result
Saturday, September 11, 2010
AP: US poverty on track to post record gain in 2009
Associated Press Writers Hope Yen And Liz Sidoti,
Associated Press Writers – Sat Sep 11, 2:13 pm ET
WASHINGTON – The number of people in the U.S. who are in poverty is on track for a record increase on President Barack Obama's watch, with the ranks of working-age poor approaching 1960s levels that led to the national war on poverty.
Census figures for 2009 — the recession-ravaged first year of the Democrat's presidency — are to be released in the coming week, and demographers expect grim findings.
It's unfortunate timing for Obama and his party just seven weeks before important elections when control of Congress is at stake. The anticipated poverty rate increase — from 13.2 percent to about 15 percent — would be another blow to Democrats struggling to persuade voters to keep them in power.
To read more, follow link below:
http://news.yahoo.com/s/ap/20100911/ap_on_bi_ge/us_poverty_in_america;_ylt=AlzP7yIGkcOOtx_O55IT5M6s0NUE;_ylu=X3oDMTFoNGZsZWlwBHBvcwMyOARzZWMDYWNjb3JkaW9uX3RvcF9zdG9yaWVzBHNsawN1c3BvdmVydHlvbnQ-
Tuesday, September 7, 2010
NY Post: Audit finds Sharpton's nonprofit on brink
Last Updated: 10:22 AM, September 7, 2010
Posted: 3:51 AM, September 7, 2010
Friday, September 3, 2010
NFL Player Fined for Carrying Loaded Gun Onto Plane
by Dr. Boyce Watkins, Syracuse University – Scholarship in Action
Shaun Rogers, a Defensive Tackle for the Cleveland Browns, was fined $400,000 by the league for violating its personal conduct policy. Rogers was caught carrying a loaded gun inside an airport. The fine represents approximately 1/17th of his $6.9 million salary.
Some would say that Rogers got off easy, since it would have been no surprise to see him either suspended or sent to jail. The player was caught carrying a loaded semi-automatic handgun in his carry-on bag at Hopkins International Airport. There's no indication regarding whether or not he realized that TSA agents actually have the ability to see inside of someone's luggage with their x-ray machine. It's hard to imagine what he might have been thinking.
Thursday, September 2, 2010
Black Conservatives Blast Al Sharpton Protesters in DC 8/28
“In 1960 over 80% of black babies were born in two-parent households. After welfare, I work in the inner city, I work with kids that look like me. After LBJ’s welfare policies in the 60′s in the inner city over 90% of kids are born without fathers. Because the liberal establishment wants to break apart the nuclear family. Because they want kids controlled by the state. That’s what Karl Marx said. So let’s talk about that!”
Wednesday, September 1, 2010
States Still Sentence Crack Far More Harshly than Powder
by Dr. Boyce Watkins, Syracuse University
Years ago when the federal government produced disparities in sentencing of crack vs. powder cocaine, many states followed suit. As a result, the black community was devastated with Draconian prison sentences, in which individuals with barely enough crack to weigh were given dozens of years in prison.
The federal government finally came to its senses and changed the law, making it marginally more equitable than it was before. The problem is that many states have not yet made the same change.
The arguments used to justify longer sentences are that the crack trade creates more crime and that the drug is more addictive than powder. Also, the tougher sentences were imposed in 1986, when basketball star Len Bias died from an overdose. It was originally reported that Bias had smoked crack, but a teammate later testified that Bias had snorted powder cocaine instead.
Incarcerated Running Back Maurice Clarett Tries to Get His Life Back
by Dr. Boyce Watkins, The Coalition for Black Male Athletes, Syracuse University Scholarship in Action
Maurice Clarrett, the embattled former superstar of the Ohio State Buckeyes, is getting another chance to play football. Clarett just signed a one-year deal to play for the Omaha Nighthawks in the United Football League. This is the first time Clarett has put on a football uniform since spending three and a half years in prison for having a hidden gun and holding up a couple outside a night club.
"I am humbled by the opportunity the Omaha Nighthawks have given me and will dedicate myself on and off the field to prove that I can be a valuable member of the team and the Omaha community," Clarett said. "I am committed to working hard to earn the right for a second chance in football and more importantly in life."
Clarett is now 6-feet tall, 220 pounds, which makes him 10 pounds lighter than he was when he played at Ohio State. The coaches were astonished at his physical shape, giving him credit for keeping himself prepared. He is allowed to be out of the state for 30 days at a time, but his attorneys are hoping that a judge will rule that Clarett can leave the state for the entire football season. He is now 26-years old, meaning that he is at his physical peak.
Tuesday, August 31, 2010
Was Eddie Johnson Really Breaking the Law?
Author and Finance Professor at Syracuse University
Eddie Johnson's actions are par for course in today's politics
7:58 AM on 08/31/2010
OPINION - But there is a deeper, more relevant question to be asked about the allegations against Eddie Johnson: Even if she broke the rules, is she clearly less ethical than other...
Was Congresswoman Eddie Johnson’s Behavior Out of the Question
by Dr. Boyce Watkins, Syracuse University
Eddie Bernice Johnson, a congresswoman out of Texas, has found her self in hot water after she admitted that she used her CBC scholarship money as a personal family college fund. Between the years 2005 and 2008, Johnson awarded between nine and 11 scholarships each year. On each occasion, three or four of the winners were either related to Johnson or her district director, Rod Givens. Rep. Johnson claims this was all done unintentionally.
This case concerned me, but while thinking it through, I had to go back to the fundamental question of whether or not this type of nepotism (assuming Johnson's actions were deliberate) is detrimental enough to label her a poor politician or a bad human being.
Johnson is not a bad person or a crook, at least not based on this incident. She's also not worthy of the same kind of congressional hoopla received by the Charlie Rangel or Maxine Waters investigations. Don't get me wrong, when you break the rules, you certainly should be held accountable, and it appears that Congresswoman Johnson understands that. The latest reports say that she has begun working out a deal where she will repay the funds that were misallocated. Perhaps that should put the issue to rest.
Wednesday, August 25, 2010
Computer Program Predicts Who Will Commit Crimes
by Dr. Boyce Watkins, Scholarship in Action
It is being reported that law enforcement officials in Washington DC plan to use a new computer program that claims to be able to predict which citizens are most likely to commit crime. The concept conjures up images of the Tom Cruise film, "Minority Report," in which agents were able to predict "pre-crime": Crime that hasn't happened yet, and is set to occur. But far from science fiction, this program is based on reality.
The program was developed by Richard Berk, a professor at The University of Pennsylvania. The first version of the program was used to predict future murders among parolees, but it is being argued that the software can be used for all kinds of crime.
"When a person goes on probation or parole they are supervised by an officer. The question that officer has to answer is 'what level of supervision do you provide?'" Berk told ABC News.
The program could have real implications, including determining the amount of a person's bail or how long they are to remain in a halfway house upon their release from prison. The program works by using a large database of crimes and other factors, including geographic location, age, prior offenses and the criminal record of the person being considered.
Monday, August 23, 2010
Dr. Boyce: DEA To Hire Ebonics Translators to Understand Drug Dealers
by Dr. Boyce Watkins, Scholarship in Action – Syracuse University
The Associated Press is reporting that the Drug Enforcement Agency (DEA) is considering hiring translators to help agents understand the language of drug dealers. Apparently, the agents are having trouble interpreting the words and sentences being used by suspects during wiretaps. The agency reached out to some translation services companies to find someone to help them with the problem. No, this is not a joke.
"They saw a need for this in a couple of their investigations," Special Agent Michael Sanders said. "And when you see a need - it may not be needed now - but we want the contractors to provide us with nine people just in case."
Yes, this story is making me laugh as much as you are. When I heard that the DEA was considering such a move, I could almost appreciate their intentions, but I think they might be a bit misguided. The first thought that came to mind was whether or not they are presuming that drug dealers speak a dialect of English which matches that of the rest of urban black America? Sure, there are going to be similarities, but most of my urban friends don't understand drug dealers either. Dealers don't just sound like rappers, but actually structure a variation of language and sophisticated codes that nearly anyone would have trouble translating. Rather than hiring an ebonics expert to understand the lingo of drug dealers, they'd be better off hiring a former drug dealer.
Friday, August 20, 2010
James Clyburn Center Under Investigation for Funds Mismanagement
by Dr. Boyce Watkins, Black Scholarship in Action, Syracuse University
The James E. Clyburn University Transportation Center at South Carolina State University has been spending money for the past 12 years, but no one seems to know exactly where that money went. State Senator Robert Ford has recently called for an investigation into the center to find out details on how funds have been managed. Even Rep. Clyburn has become a critic of the center's management as of late.
The Post and Courier, a newspaper out of Charleston, SC has conducted its own investigation using an open records request. The newspaper has described the university's records as "a convoluted system of record-keeping, with no central control and records on the same subject located in different offices or buildings."
There was a consultant's report recently completed by the firm Elliott Davis which concluded that the university's system of grant management not only makes it difficult to track the money, it also makes it tough to find out whether the objectives of the grant were accomplished.
Wednesday, August 18, 2010
Eric Holder Accused of “Dragging His Feet” on Prison Rape
by Dr. Boyce Watkins, Black Scholarship in Action
Community advocates recently accused Attorney General Eric Holder of "dragging his feet" on the issue of prison rape. The AG has been asked to set national standards to keep inmates from being subject to sexual abuse during their time in prison.
According to the U.S. Department of Justice, roughly 4.5 percent of all prison inmates report being victims of sexual assault during their time in prison. It is also reported to happen to roughly one out of every eight juveniles who are incarcerated.
Pat Nolan, Vice President of Prison Fellowship, argues that setting standards would be a good way to reduce the problem of prison rape. He mentions that increasing the lighting in the prisons, screening staffers and having independent supervision of facilities can make a tremendous difference.
Thursday, July 29, 2010
Barack Obama agrees with a Klansman, Robert Byrd, about African-Americans
“We are sort of a mongrel people.”Barack Obama, 2010
“I shall never fight in the armed forces with a Negro by my side. Rather, I should die a thousand times, see Old Glory trampled in the dirt never to rise again than to see this beloved land of ours become degraded by race mongrels, a throwback to the blackest specimen from the wilds.”Robert Byrd (D-WV), 1944
Grand Old Partisan calls on the NAACP to demand that Barack Obama apologize.
Source: http://grandoldpartisan.typepad.com/blog/2010/07/barack-obama-agrees-with-robert-byrd-about-africanamericans.html#tp
President Obama calls African-Americans a ‘mongrel people’
http://thehill.com/homenews/administration/111611-obama-calls-african-americans-a-mongrel-people-
Tuesday, July 27, 2010
Black Farmers Still Wait for Compensation
by Dr. Boyce Watkins, Scholarship in Action
Black farmers across the United States have been the victims of systematic discrimination for several decades. This has been proven in court, and the United States Department of Agriculture has agreed to pay a $1.25 billion dollar settlement. What is saddest about the settlement, however, is that Congress has not yet approved the funds. This is another form of racism that the farmers must face, since their justice is being consistently denied by government officials who are insistent upon remaining stubborn.
The USDA came under increased scrutiny recently in the unjust firing of Shirley Sherrod. I am hopeful that the sloppy handling of the Sherrod incident is not indicative of the way the USDA does business. In fact, groups have been calling for the firing of the Secretary of Agriculture Tom Vilsack. At the very least, the way Ms. Sherrod has been treated should be a lightning rod to bring the plight of black farmers to the surface of our collective conscience.
Saturday, July 10, 2010
Dr. Boyce Watkins and Dr. Christopher Metzler on CNBC: Should the Rich Be Taxed More?
Watch Dr. Boyce Watkins and Christopher Metzler on CNBC - should the rich be taxed more than the poor? Click here to watch
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Thursday, July 8, 2010
Obama loses drilling moratorium appeal
The Obama administration lost its court bid to maintain a six-month moratorium on offshore deepwater drilling which a federal judge ordered lifted last month.
The Fifth Circuit Court of Appeals denied the government's emergency request to stay that judge's order pending appeal.
The motion was denied because the government failed to show "a likelihood of irreparable injury if the stay is not granted," the appeals panel judges wrote in a 2-1 ruling.
The government also "made no showing that there is any likelihood that drilling activities will be resumed pending appeal."
To read more, follow link below:
http://www.breitbart.com/article.php?id=CNG.5812f97c10bdfbe8edaa2f9744f1bba2.41&show_article=1
Wednesday, July 7, 2010
No Charges Filed in Michael Vick Shooting
by Dr Boyce Watkins - AOL Black Voices
Police said that they do not plan to file charges "at this time" in the shooting that took place at a birthday party being held by NFL star, Michael Vick. What's most interesting is that officers are saying that they know who the suspect is. They are not filing charges, primarily because the victim refuses to cooperate with police, and witnesses are also reluctant to come forward.
The decision not to press charges was made by the prosecutor's office, and it could be reversed if the victim chooses to cooperate. The shooting took place around 2 a.m. on June 25, about a block away from Vick's birthday party.
The victim, according to Vick's attorney, was Quanis Phillips, a co-defendant in Michael Vick's dog fighting trial. He was allegedly not invited to attend the party. Vick was not involved in the shooting, according to police.
Tuesday, June 29, 2010
McDonald v. City of Chicago: U.S. Supreme Court Decision Opened the Door to Legal Challenges of Gun Laws Across the Country
Wrote Alito: “We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as ‘prohibitions on the possession of firearms by felons and the mentally ill,’ ‘laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.’ We repeat those assurances here. Despite municipal respondents’ doomsday proclamations, (this ruling) does not imperil every law regulating firearms.”
Wednesday, June 23, 2010
Rapper Rick Ross Sued by Drug Dealer
by Dr. Boyce Watkins
I never bought into the hype that Rick Ross was a fraud. Everyone seemed to feel that because he was found to have been a corrections officer in a previous life, that he somehow violated the oath which says that rappers have to be criminals in order to sell records. I don't know how true or false the rumors happen to be, but the fact is that I never cared.
However, when I found out that there is reason to believe that the rapper Rick Ross took his name from the notorious drug dealer "Freeway" Ricky Ross, I thought to myself, "This is just stupid. Why can't the brother just be himself?"
Ex-Detroit Mayor Kwame Kilpatrick indicted on federal fraud, tax charges

Published: Wednesday, June 23, 2010, 3:14 PM
Updated: Wednesday, June 23, 2010, 5:54 PM
Tuesday, June 22, 2010
AP: Judge block Gulf offshore drilling moratorium
By MICHAEL KUNZELMAN
Associated Press Writer
NEW ORLEANS (AP) - A federal judge in New Orleans has blocked a six-month moratorium on new deepwater drilling projects that was imposed in response to the massive Gulf oil spill.
Several companies that ferry people and supplies and provide other services to offshore drilling rigs had asked U.S. District Judge Martin Feldman in New Orleans to overturn the moratorium.
President Barack Obama's administration has halted the approval of any new permits for deepwater drilling and suspended drilling at 33 exploratory wells in the Gulf.
Feldman says in his ruling that the Interior Department failed to provide adequate reasoning for the moratorium. He says it seems to assume that because one rig failed, all companies and rigs doing deepwater drilling pose an imminent danger.
Source: http://www.breitbart.com/article.php?id=D9GGFHKG0&show_article=1
Saturday, June 19, 2010
Black Scholar Says NCAA Legally Exploits Black Men
by Dr. Boyce Watkins, Your Black World
Professor Billy Hawkins of The University of Georgia has released a controversial new book that describes the experiences of NCAA athletes by comparing them to slaves on a plantation. According to the research of professor Hawkins, black athletes are exploited by the NCAA physically, financially and intellectually.
Hawkins cites the massive revenue earned by the NCAA via March Madness, which includes a 14-year, $10.8 billion contract with CBS sports. In spite of seemingly unlimited revenues to encourage athletes to stay focused academically, Hawkins notes that nearly one-fifth of the 64 teams participating in the NCAA tournament had graduation rates of less than 40 percent. Across the 36 sports monitored by the NCAA, men's basketball has the lowest graduation rates, where less than two-thirds of the players earn degrees.
The dismal graduation numbers for the NCAA support Dr. Hawkins' research, in which he argues and shows that black athletes at predominantly white institutions are being exploited while being neglected academically. In his book, "The New Plantation," the well-respected Professor of Sport Management and Policy uses a plantation model to present the black male athletic experience as part of a broader historical context.
Friday, June 18, 2010
Report: Cambridge Police Don't Racially Profile
by Dr. Boyce Watkins, The Institute for Black Public Policy
A recent report to be published Thursday in the Boston Globe is set to show that the Cambridge Police Department does not use racial profiling, as it was accused of doing during the controversial case last summer involving Harvard Professor Henry Louis Gates. The report, compiled by the New England Center of Investigative Reporting, analyzed 392 disorderly conduct arrests between 2004 and 2009. During that time, 57 percent of those arrested were white, and 34 percent were black. These numbers almost directly mirror the percentages in the community in which the arrests were made.
I did a great deal of CNN commentary on the Henry Louis Gates case, and to the ire of some of my fellow black scholars at Harvard, I firmly held the position that the Gates case was not about racial profiling. Not to say that the officer didn't violate procedure, but the truth is that there was almost nothing about that case that made me believe that Professor Gates was arrested because he was black.
Sunday, June 13, 2010
Reggie Wayne's Mistress Takes Him for his Money: He files suit against her
AOL Black Voices
NFL star Reggie Wayne is finding out the hard way that giving your credit card number out to anyone may not be such a good idea. Wayne, who is married, is suing his ummm, girlfriend Natasha McKenzie. In the affidavit, Wayne is alleging that McKenzie did it big on Wayne's credit card without asking his permission.
As the story goes, McKenzie, who is 26 years old, just needed Wayne's credit card for a "few little things," like paying her cell phone bill and buying a plane ticket. She was allegedly going to buy the ticket to come and visit Wayne to spend "quality time" with him. To Reggie's surprise, Natasha and her friends "got a little jiggy" with the credit card and charged up $95,000 worth of "necessities." Actually, there were 333 necessities on her list, which is the number of charges she allegedly made to the account.
Reggie originally took the charges to police in April. He has had the uncomfortable challenge of keeping this information from his wife. McKenzie claims that Wayne knew about the charges all along, and that she is only being scapegoated because either his wife found out about her or he has moved on to another mistress. Either way, this entire situation is a little bit strange. Wayne is not the only athlete to be taken for big money as the result of an affair. Tiger Woods allegedly paid millions to keep some of his mistresses quiet.
Saturday, June 12, 2010
Officer Taped Spraying Pepper Spray in Detained Suspect's Face
by Dr. Boyce Watkins, Syracuse University
I am not quite sure what to make of the ruffled YouTube video that is now scouring the web out of Paterson, New Jersey. In the video, the woman filming, who mentions that her mother works in the sheriff's office, is taping a New Jersey police officer holding a black man to the ground. The man clearly has his hands behind his back and appears to be restrained.
As the woman videos the incident from a distance, the officer inexplicably grabs the man, turns him around and puts pepper spray into his eyes. He appears to do it twice.
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Thursday, June 10, 2010
15-Year Old Boy Beaten By Police
The Latest
Brandon Johnson: 15-Year Old Boy Beaten by Police in Indianapolis
- Indianapolis Police Chief Paul Ciesielski called for the firing of a white officer who's been ... Read More
- By Boyce Watkins, PhD on Jun 11th 2010 1:25AM | Comments (1)
OJ Simpson Fights to Get a New Trial in Nevada
- OJ Simpson's attorneys are planning to try to convince a group of Nevada judges to overturn his ... Read More
- By Boyce Watkins, PhD on Jun 10th 2010 11:58PM | Comments (0)
Oscar Grant Trial Has No Black Jurors
- On New Year's day of 2009, Oscar Grant was shot in Oakland, California. The shooter was a Bay ... Read More
- By Boyce Watkins, PhD on Jun 10th 2010 6:58PM | Comments (8)
Oscar Grant Trial Has No Black Jurors
by Dr. Boyce Watkins
On New Year's day of 2009, Oscar Grant was shot in Oakland, California. The shooter was a Bay Area Rapid Transit (BART) officer by the name of Johannes Mehserle. Grant was 22-years old at the time of his death, and the shooting was captured by cell phone cameras and disseminated throughout the Internet. Adding insult to injury, the Grant family just found that there will be no African American jurors in the trial of grant's shooter.
Jack Bryson, whose sons were with Grant the night he was killed, was angry about the jury selection.
"This is like a slap in the face," Bryson told The Associated Press. "This case came all the way to Los Angeles after the judge in Alameda County said they couldn't get a fair and impartial jury there.
"This is the best you can do, and you did this in two days. We could've stayed back in Oakland for this."
Wednesday, June 9, 2010
Who is Responsible for Federal Disaster Cleanup? BP or the Federal Government
Clean Water ActSection 311 - Oil and Hazardous Substances Liability
§ 1321. Oil and hazardous substances liability
(b) Congressional declaration of policy against discharges of oil or hazardous substances; designation of hazardous substances; study of higher standard of care incentives and report to Congress; liability; penalties; civil actions: penalty limitations, separate offenses, jurisdiction, mitigation of damages and costs, recovery of removal costs, alternative remedies, and withholding clearance of vessels.
- (1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act of 1976).
- (2) (A) The Administrator shall develop, promulgate, and revise as may be appropriate, regulations designating as hazardous substances, other than oil as defined in this section, such elements and compounds which, when discharged in any quantity into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act of 1976), present an imminent and substantial danger to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches. (B) The Administrator shall within 18 months after the date of enactment of this paragraph, conduct a study and report to the Congress on methods, mechanisms, and procedures to create incentives to achieve a higher standard of care in all aspects of the management and movement of hazardous substances on the part of owners, operators, or persons in charge of onshore facilities, offshore facilities, or vessels. The Administrator shall include in such study (1) limits of liability, (2) liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92-500 should be enacted.
- (3) The discharge of oil or hazardous substances (i) into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (ii) in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act of 1976), in such quantities as may be harmful as determined by the President under paragraph (4) of this subsection, is prohibited, except (A) in the case of such discharges into the waters of the contiguous zone or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act of 1976), where permitted under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regulation, determine not to be harmful. Any regulations issued under this subsection shall be consistent with maritime safety and with marine and navigation laws and regulations and applicable water quality standards.
- (4) The President shall by regulation determine for the purposes of this section those quantities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare or the environment of the United States, including but not limited to fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
- (5) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of paragraph (3) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance. Any such person (A) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(i) of this subsection, or (B) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(ii) of this subsection and who is otherwise subject to the jurisdiction of the United States at the time of the discharge, or (C) in charge of an onshore facility or an offshore facility, who fails to notify immediately such agency of such discharge shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. Notification received pursuant to this paragraph shall not be used against any such natural person in any criminal case, except a prosecution for perjury or for giving a false statement.
- (6) Administrative penalties. (A) Violations. Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility-- (i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or (ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject, may be assessed a class I or class II civil penalty by the Secretary of the department in which the Coast Guard is operating or the Administrator. (B) Classes of penalties. (i) Class I. The amount of a class I civil penalty under subparagraph (A) may not exceed $ 10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $ 25,000. Before assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrator's or Secretary's proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. (ii) Class II. The amount of a class II civil penalty under subparagraph (A) may not exceed $ 10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $ 125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and Secretary may issue rules for discovery procedures for hearings under this paragraph.
Source: http://www.epa.gov/Region7/laws_regulations/CWA/section311.htm
CWA § 311 mandates that the President issue regulations establishing procedures,
methods, equipment, and other requirements to prevent discharge of oil and hazardous
substances from vessels and facilities and to contain such discharges. 33 USC § 1321(c)(1)(A).
The EPA has been delegated the authority to regulate non-transportation related onshore facilities, and the Coast Guard has the authority to regulate tank vessels, transportation-related facilities, and offshore facilities (such as platforms).
So if the LAW (CWA § 311) states that the President (i.e. EPA) has the responsibility of cleaning up discharges of oil in navigable waters of the U.S., why is this not the focus?
Thursday, June 3, 2010
U.S. Supreme Court: Suspects Must Say They Want to Remain Silent (Expansion of Miranda Rights)

Monday, May 24, 2010
Killer of Three Black College Students Convicted
by Dr. Boyce Watkins, The Institute for Black Public Policy
Nearly three years ago, two black college students and a friend were murdered in a schoolyard in Newark, NJ. Monday, a jury returned guilty verdicts for three of the murders and one attempted murder after deliberating for less than a day.
Rodolfo Godinez, a 26-year old gang member and native of Nicaragua, was convicted of all charges against him, including multiple counts of robbery, weapons possession and conspiracy. He can get up to 30 years to life for each murder count, and the sentences can be given out consecutively.
"This man will never see the light of day," said Robert D. Laurino, the acting Essex County prosecutor.
Sentencing for Godinez is set for July 8. His lawyer, Roy Greenman, said,"Obviously, there will be an appeal on a number of grounds," but he declined to state the grounds on which he'd be filing.
The prosecution did not assert that Godinez was the one who hacked at the victims with a machete or shot each of them execution-style, in the back of the head. He was argued, however, to be the one who summoned the other gang members to the schoolyard on the night when the murders took place. The murders were particularly chilling because all four of the victims were "good kids" with no criminal history and educational plans for the future.

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Sunday, May 23, 2010
32 States Have Borrowed from the Federal Government to Make Unemployment Payments; California Has Borrowed $7 Billion
EconomicPolicyJournal.com has learned that 32 states have run out funds to make unemployment benefit payments and that the federal government has been supplying these states with funds so that they can make their payments to the unemployed. In some cases, states have borrowed billions. As of May 20, the total balance outstanding by 32 states (and the Virgin Islands) is $37.8 billion.The state of California has borrowed $6.9 billion. Michigan has borrowed $3.9 billion, Illinois $2.2 billion.Below is the full list of the 32 states (and the Virgin Islands) that have borrowed from the federal government to make unemployment payments, and the amounts that remain borrowed as of May 20 . (Numbers in red are billions)
Alabama $ 283 million
Arkansas 330 million
California 6.9 billion
Colorado 253 million
Connecticut 498 million
Delaware 12 million
Florida 1.6 billion
Georgia 416 million
Idaho 202 million
Illinois 2.2 billion
Indiana 1.7 billion
Kansas 88 million
Kentucky 795 million
Maryland 133 million
Mass. 387 million
Michigan 3.9 billion
Minnesota 477 million
Missouri 722 million
Nevada 397 million
New Jersey 1.7 billion
New York 3.2 billion
N.C. 2.1 billion
Ohio 2.3 billion
Penn. 3.0 billion
R.I. 225 million
S.C. 886 million
S.D. 24 million
Tennessee 21 million
Texas 1.0 billion
Vermont 33 million
Virginia 346 million
Virgin Islands 13 million
Wisconsin 1.4 billion
Total $37.8 billion
Source: http://www.economicpolicyjournal.com/2010/05/32-states-have-borrowed-from-treasury.html
Nicole Paultre-Bell: Judge Rules Sean Bell Lawsuit Can Proceed To Trial
The fiancé of Sean Bell, the unarmed man gunned down on his wedding day by New York police, will finally have her day in court now that a judge will allow her civil rights case against the NYPD to proceed to trial.
A federal court judge ruled Tuesday to allow Nicole Paultre-Bell and two of Bell’s friends injured in the shooting, to have a trial for a wrongful death lawsuit filed for Bell’s 2008 murder.
City officials were once again asking for a three-month delay on the ruling because police officials have still not decided whether to discipline the five officers involved in the shooting.
Luckily for Nicole Paultre-Bell, Judge Sterling Johnson Jr. stepped in and the trial is scheduled to begin in July.
The news of the impending trial came at a particularly ironic time, the day after Sean Bell’s would be 27th birthday and the day a street in Jamaica, Queens was named Sean Bell Way in his honor.
As previously reported the Justice Department ruled in February that the officers did not violate his civil rights and lacked evidence to prove that they violated his constitutional rights.
Source: http://countusout.wordpress.com/2010/05/23/judge-rules-sean-bell-lawsuit-can-proceed-to-trial/
Monday, May 17, 2010
News: Attorney Says Police Are Covering Up Shooting Facts
by Dr. Boyce Watkins, AOL Black Voices
The attorney representing the family of Aiyana Jones, a 7-year old who was shot dead during a police raid, says police are trying to cover up the truth about exactly what happened. Geoffrey Fieger, the attorney for Aiyana's family, said he's seen three or four minutes of video footage of the raid and claims that the video evidence contradicts what the officers say happened at the scene.
Police are saying that officers threw a flash grenade through the first-floor window of the two-family home and that the girl was killed when an officer's gun accidentally discharged during a struggle with the girl's grandmother inside the house. Fieger argues, however, that the evidence shows an officer throwing the grenade into the home and then shooting into the house from the front porch.
Prior reports from Detroit Police were claiming that Aiyana was shot by a stray bullet from a firearm that accidentally discharged during a scuffle with the child's grandmother. But Attorney Fieger is saying that this is not the case.
SCOTUS: Sex Offenders Can Be Held Indefinitely
by Dr. Boyce Watkins
The United State Supreme Court ruled on Monday that the federal government has the right and power to keep sex offenders incarcerated after they've served their sentences. To keep him/her, the government must prove that the the offender may be "sexually dangerous" in the future.
"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote in the opinion for the majority.The primary plantiff in the case, Graydon Comstock, was certified to be dangerous six days before his prison term was set to end. Comstock had been arrested for processing child pornography and was filing suit with other inmates at the Butner Federal Correctional Complex in North Carolina.
Sunday, May 16, 2010
News: Is Elena Kagan Gay? Supporters Say She is
Elena Kagan's supporters don't do her or gay Americans any favors by publicly expressing their views on her sexual orientation. Whether or not a future justice is a heterosexual or homosexual is irrelevant to questions about fitness to serve on the Supreme Court. That there are some bigoted Americans who would make sexual orientation an issue is no reason to grant them any legitimacy, which occurs when their perverse and offensive interests are addressed. The proper response is to treat the question of sexual orientation as the non-issue that it is and place the burden on the bigots to make their case in the public square… if they dare.
Saturday, May 15, 2010
Elena Kagan's Nomination Overlooks Black Women
by Dr. Boyce Watkins, Syracuse University
To the disappointment of the Black Women's Roundtable, Elena Kagan was the latest white American to leapfrog in front of black women for a chance to serve on the Supreme Court. The second-class citizenship of African American women has been consistently enforced by our nation, going back 221 years to the date that the Supreme Court was founded. This nomination was especially disheartening for those who felt that the year of Dorothy Height's death would be the perfect time for the nation's first black President to do what should have been done long ago and nominate a black woman for the highest court in the land.
"Needless to say, we are disconcerted by the perceived lack of real consideration of any of the extremely qualified African American women as potential nominees," reads the statement released by the Black Women's Roundtable.
After this is over, President Barack Obama will have serious trouble re-inspiring the millions of African American women who left the Hillary Clinton camp to back his "Hope and change" campaign. There was no logical reason for him to pass over a black woman for consideration for this post, only political reasons. Kagan was the nominee that could shore up the white female vote for mid-term elections and help the Obama Administration and the Democratic Party stop the bleeding set to occur in November. Roland Martin does a wonderful job of breaking down the losses within the black female demographic that are set to occur as a result of the Kagan snub on the Supreme Court.
Elena Kagan's Cultural Competence Questioned - Duchess Harris
No one is more delighted than I am that esteemed presidential historian, Annette Gordon- Reed will join the faculty at Harvard Law School. Despite the fact that she was recruited by then Dean Elena Kagan, I respectfully disagree with Charles Ogletree that Elena Kagan is a good choice for the Supreme Court.
Ogletree argues that from 2003 until the end of Kagan's deanship in 2009, the number of African American students matriculating rose to an all time high. I am sure this is accurate, but how relevant is it?
Do these numbers speak to the quality and caliber of student life? Are Harvard graduates fully engaged and can they provide an effective and vigorous understanding with matters pertaining to race? Or, are they merely defenders and justifiers of the status quo?
I suggest that Professor Ogletree look at the April 30, 2010 blog post written by Diane Lucas. Ms. Lucas was a guest blogger for FEMINISTE and authored a piece entitled, "The Racist Breeding Grounds of Harvard Law School". Lucas wrote this article to discuss the racist behavior of Stephanie Grace, a graduating student, and to discuss her own experience as a Black student at HLS. Lucas critiqued Kagan's leadership before she knew that Kagan was the U.S. Supreme Court nominee.
African American Women Don't like Elena Kagan on Supreme Court
From Politic 365: The announcement of Elena Kagan could not really be called a surprise, since the White House went out of its way to all but announce her as their pick over the last week. The Obama Administration dropped hints by the dozens to their favored reporters, who dutifully shared their information with the rest of us. I had come to accept it as a done deal, even though I had been a little perturbed at the way the D.C. pundits only mentioned three or four names from the president's short list, as if the rest of the names on it, like Georgia's ownLeah Ward Sears, were invisible.
It wasn't until I called a friend of mine, an African American lawyer here in Atlanta who had been a diehard Hillary supporter and then a reluctant Barack Obama supporter after he became the Democratic nominee, that I realized that others felt the same way. "First he puts a Hispanic woman on the court. Fine. He's paying back the Hispanics for their support," she said. "Then he puts a white woman on the court. Okay – he's paying them back for coming over to his side after Hillary lost. I see that.
But why do I have to be last? Why do black women always have to be last? I don't think he cares."
Where are the Sistahs? See Politic365 to find out
Friday, May 14, 2010
Legal News: Dr. Boyce Watkins Debates Harvard Law Professor Ronald Sullivan
Author and Finance Professor at Syracuse University
Kagan's record on race has White House on edge
4:33 PM on 05/14/2010
OPINION - If Kagan didn't have the courage to stand up against injustice at Harvard Law School, what makes us think she will on the Supreme Court?...
Thursday, May 13, 2010
Why Elena Kagan is No Thurgood Marshall
From Colorlines.org
Obama’s second Supreme Court nominee clerked for one of history’s greatest racial justice champions. You wouldn’t know it by looking at her career since.
Despite all the hubbub Solicitor General Elena Kagan’s Supreme Court nomination will generate, the truth of the matter is Kagan won’t make much difference to a judicial balance of power that leans rightward. She’ll maintain the status quo: four reliably liberal justices, four reliably conservative justices and one center-right swing voter in Justice Anthony Kennedy. Importantly, that means she will also do little to alter the court’s rightward trajectory on racial justice.
Both Kagan and the White House have made much of her time as a clerk for her self-described mentor, Thurgood Marshall. The hapless Republican National Committee has responded with a bizarre effort to tar her association with one of history’s most celebrated justices. But both sides overstate the connection. Kagan hasn't exactly spent her career as a champion of the racial justice principles Marshall articulated. We need to be asking why that’s the case.
As a Democratic president’s nominee, to be confirmed by a Democratic Senate, we can expect a would-be Justice Kagan to align herself consistently with the liberal voting bloc. After all, today’s Supreme Court appointments rarely let down the presidents who nominate them. Sure, David Souter—whom a wise Latina replaced last summer—was the bane of George H.W. Bush’s existence because of his pro-choice opinions. And retiring Justice John Paul Stevens certainly grew, during his three and a half decades on the court, to become a disappointment for President Gerald Ford’s legacy. I just don’t see that happening to our current constitutional-law-professor president.
Wednesday, May 12, 2010
African American Scholars Speaking Up on Elena Kagan
by Dr. Boyce Watkins
I started the day thinking about Elena Kagan, Barack Obama's most recent nominee to the Supreme Court. I was wondering how in the world the president could appoint someone who has no experience on the bench, given the number of highly qualified judges he had to choose from. Then I was informed that this might be a good thing, since the Republicans don't have a judicial record to scrutinize. No problemo.
I then noticed that Kagan has past affiliations with The University of Chicago, The Harvard Law School and Goldman Sachs, and that she was appointed to her position at Harvard by Lawrence Summers, the head of the President's Council of Economic Advisors. I was starting to get uncomfortable at that point, because Kagan's appointment would mean that the entire Supreme Court would be filled with Harvard and Yale grads, which effectively says that every other law school in the country need not apply (so much for having a meritocracy). I also saw a very disturbing pattern of cronyism, elitism and Wall Street loyalty that lets us know that perhaps the President of Hope and Change is not quite what we ordered, making back room deals with his buddies, all for the sake of keeping American power locked into tiny social circles.
Black Law Professors disturbed by Elena Kagan's Nomination by Obama
AP photo/Jose Luis Magana
Reports suggest that Solicitor General Elena Kagan may be President Obama's choice for the Supreme Court vacancy.
Like everyone in the legal academy over the last decade, we have watched with admiration the amazing changes that Elena Kagan brought to Harvard Law School. A fractured faculty, divided among ideological lines, seemed finally content, if not united. A boisterous student body was finally pacified. The logjam that had stopped faculty hiring had burst. Indeed, she hired so many new faculty the Harvard Law School’s newspaper’s 2008 April Fool’s issue declared, "Dean Kagan Hires Every Law Professor in the Country."
The first woman Dean of Harvard Law School had presided over an unprecedented expansion of the faculty -- growing it by almost a half. She had hired 32 tenured and tenure-track academic faculty members (non-clinical, non-practice). But when we sat down to review the actual record, we were frankly shocked. Not only were there shockingly few people of color, there were very few women. Where were the people of color? Where were the women? Of these 32 tenured and tenure-track academic hires, only one was a minority. Of these 32, only seven were women. All this in the 21st Century.
Tuesday, May 11, 2010
Monday, May 3, 2010
Athletes Get Nothing from NCAA's New $11 Billion Dollar Contract
The NCAA men's basketball tournament is expanding, starting next season, but not on the large scale once expected.
The sport's signature event will grow to 68 teams from 65 in conjunction with a new 14-year, nearly $11 billion television agreement with CBS and Turner Sports announced Thursday. That gives the NCAA a 41% hike in annual media and marketing rights connected to the tournament — and "financial stability through the first quarter of this century," interim President Jim Isch said — without the controversy of a more dramatic move to a 96-team bracket.
Negotiations with CBS/Turner, ESPN and Fox Sports initially had targeted a 96-team field, drawing concern and criticism from traditionalists and others over the impact on the tournament's aesthetics, effect on college basketball's regular season and conference tournaments and potential for further intrusion on players' time and studies.