The Bob Zadek Show

In numerous past shows, Bob and his guests have exposed the worrisome growth in executive power taking place through the overreach of administrative agencies. Too often, the courts simply defer to agencies like the EPA, leaving citizens without recourse to challenge the dictates of unelected bureaucrats. Finally, we have a guest with good news to report. In the recent case of U.S. Army Corp of Engineers v. Hawkes, a landowner (Hawkes) believed that the government was making an overly broad assertion of jurisdiction in claiming that his 160 acre parcel was “wetlands,” subject to federal restrictions under the Clean Water Act. Mark Miller, an attorney with The Pacific Legal Foundation, represented Hawkes in front of the Supreme Court in what turned out to be a resounding victory for property owners everywhere. He joins Bob to discuss the 8-0 decision, reaffirming landowners’ rights to immediate judicial review when issued a “jurisdictional determination” by the Army Corp. In the past, such determinations have put property owners in an impossible situation – having to choose between a costly, years-long permitting process with no guarantee of success, or giving up on their plans for the land’s use altogether.

Miller represents clients in federal and state cases that implicate property rights, environmental law with a focus on wetlands litigation, economic liberty, and other constitutional violations. When your liberties are under attack, the Pacific Legal Foundation has your back. 

In numerous past shows, Bob and his guests have exposed the worrisome growth in executive power taking place through the overreach of administrative agencies. Too often, the courts simply defer to agencies like the EPA, leaving citizens without recourse to challenge the dictates of unelected bureaucrats. Finally, we have a guest with good news to report. In the recent case of U.S. Army Corp of Engineers v. Hawkes, a landowner (Hawkes) believed that the government was making an overly broad assertion of jurisdiction in claiming that his 160 acre parcel was “wetlands,” subject to federal restrictions under the Clean Water Act. Mark Miller, an attorney with The Pacific Legal Foundation, represented Hawkes in front of the Supreme Court in what turned out to be a resounding victory for property owners everywhere. He joins Bob to discuss the 8-0 decision, reaffirming landowners’ rights to immediate judicial review when issued a “jurisdictional determination” by the Army Corp. In the past, such determinations have put property owners in an impossible situation – having to choose between a costly, years-long permitting process with no guarantee of success, or giving up on their plans for the land’s use altogether.

Miller represents clients in federal and state cases that implicate property rights, environmental law with a focus on wetlands litigation, economic liberty, and other constitutional violations. When your liberties are under attack, the Pacific Legal Foundation has your back. 

Sensing a wave of populist frustration, the Democratic Party has embraced the narrative of the 99% versus the 1%, and called for a new round of socialist policies. Conservatives, seeing the failures of socialism, have downplayed the severity of inequality, and all but ignored the even greater problem of economic immobility. Mitt Romney, for his part, spoke of the “47%” who would always vote for bigger government to receive the benefits, and he was roundly rejected by voters. Yet both sides may have a point – America does increasingly resemble an aristocracy with a dependent class, stuck in poverty. In his new book, *The Way Back: Restoring the Promise of America,* Francis H. Buckley puts a face to the modern inherited aristocracy, which Founders like Thomas Jefferson had hoped to do away with for good. A Professor at George Mason University School of Law, Buckley honestly admits that he is one the “New Class” – those whose education and birthright advantages have enabled them to ride the wave of globalization and technological progress that has gutted the middle class. This gives him a unique vantage point to describe what he sees standing in the way of opportunity and justice for all. Buckley joins Bob to discuss how America lost the promise of economic mobility for the hardworking poor, and how he thinks we can find our way back. While Buckley sees a revolution brewing in the form of Donald Trump's presidential campaign, Bob says, "Not so fast."

*The Way Back: Restoring the Promise of America* by F.H. Buckley [AMAZON]

Trump's Revolution, by F.H. Buckley, The American Spectator, June 6, 2016

Sensing a wave of populist frustration, the Democratic Party has embraced the narrative of the 99% versus the 1%, and called for a new round of socialist policies. Conservatives, seeing the failures of socialism, have downplayed the severity of inequality, and all but ignored the even greater problem of economic immobility. Mitt Romney, for his part, spoke of the “47%” who would always vote for bigger government to receive the benefits, and he was roundly rejected by voters. Yet both sides may have a point – America does increasingly resemble an aristocracy with a dependent class, stuck in poverty. In his new book, *The Way Back: Restoring the Promise of America,* Francis H. Buckley puts a face to the modern inherited aristocracy, which Founders like Thomas Jefferson had hoped to do away with for good. A Professor at George Mason University School of Law, Buckley honestly admits that he is one the “New Class” – those whose education and birthright advantages have enabled them to ride the wave of globalization and technological progress that has gutted the middle class. This gives him a unique vantage point to describe what he sees standing in the way of opportunity and justice for all. Buckley joins Bob to discuss how America lost the promise of economic mobility for the hardworking poor, and how he thinks we can find our way back. While Buckley sees a revolution brewing in the form of Donald Trump's presidential campaign, Bob says, "Not so fast."

*The Way Back: Restoring the Promise of America* by F.H. Buckley [AMAZON]

Trump's Revolution, by F.H. Buckley, The American Spectator, June 6, 2016

“[T]he future has arrived, well in advance of the policies needed to support it,” says Arun Sundararajan, Professor of Information, Operations and Management Sciences at New York University's Leonard N. Stern School of Business. Nowhere can this phenomenon be seen more clearly than in the rapidly-expanding "sharing economy," made up of digital platforms like Uber and AirBnB, which must battle with regulators in some locales to keep their innovative services running. Sundararajan's new book, The Sharing Economy: The End of Employment and the Rise of Crowd-Based Capitalism (MIT Press), contains everything you need to know – both cause and effect – about the radical disruption that is underway. An academic by trade, Sundararajan blends sociology, economics, technology and political science with a keen intuition to highlight the many tensions of the sharing economy, or as he calls it, "crowd-based capitalism." The sharing economy, he notes, is both capitalist and socialist, market-based and gift-based, and largely unregulated yet governed by complex rules and norms. Arun joins Bob to help listeners think about their place in the emerging landscape. Will we manage to harness these changes to become an "empowered entrepreneurs," or is technology turning us into "disenfranchised drones"?

“[T]he future has arrived, well in advance of the policies needed to support it,” says Arun Sundararajan, Professor of Information, Operations and Management Sciences at New York University's Leonard N. Stern School of Business. Nowhere can this phenomenon be seen more clearly than in the rapidly-expanding "sharing economy," made up of digital platforms like Uber and AirBnB, which must battle with regulators in some locales to keep their innovative services running. Sundararajan's new book, The Sharing Economy: The End of Employment and the Rise of Crowd-Based Capitalism (MIT Press), contains everything you need to know – both cause and effect – about the radical disruption that is underway. An academic by trade, Sundararajan blends sociology, economics, technology and political science with a keen intuition to highlight the many tensions of the sharing economy, or as he calls it, "crowd-based capitalism." The sharing economy, he notes, is both capitalist and socialist, market-based and gift-based, and largely unregulated yet governed by complex rules and norms. Arun joins Bob to help listeners think about their place in the emerging landscape. Will we manage to harness these changes to become an "empowered entrepreneurs," or is technology turning us into "disenfranchised drones"?

When Rebecca Friedrichs first started teaching in Orange County nearly 30 years ago, she was surprised to discover how little recourse her school had to remove poor quality teachers from their posts. For decades, she would do her best to contain her frustration with a system – backed by powerful public sector teacher's unions – that protects inept, long-time insiders (read: tenure) at the expense of students and outstanding young faculty. Finally, an opportunity arose for Friedrichs to become the lead plaintiff in a free speech case against the California Teachers Association, and take a stand against mandatory dues for non-members who oppose the union's practices. Her side appeared on the verge of a landmark Supreme Court victory when Justice Antonin Scalia passed away suddenly – leaving the court divided 4-4, which affirmed the lower court's ruling in favor of the union. Friedrichs and her attorney, Terry Pell (President of the Center for Individual Rights), will Bob to explain why they are still fighting on behalf of teachers and students to have Friedrichs v. California Teachers Association reheard once a ninth justice is confirmed. The saga of Scalia's Supreme Court vacancy continues on the show of ideas, not attitude.

LINKS

Center for Individual Rights

Victory for Unions as Supreme Court, Scalia Gone, Ties 4-4 - The New York Times

Friedrichs v. California Teachers Association : SCOTUSblog

When Rebecca Friedrichs first started teaching in Orange County nearly 30 years ago, she was surprised to discover how little recourse her school had to remove poor quality teachers from their posts. For decades, she would do her best to contain her frustration with a system – backed by powerful public sector teacher's unions – that protects inept, long-time insiders (read: tenure) at the expense of students and outstanding young faculty. Finally, an opportunity arose for Friedrichs to become the lead plaintiff in a free speech case against the California Teachers Association, and take a stand against mandatory dues for non-members who oppose the union's practices. Her side appeared on the verge of a landmark Supreme Court victory when Justice Antonin Scalia passed away suddenly – leaving the court divided 4-4, which affirmed the lower court's ruling in favor of the union. Friedrichs and her attorney, Terry Pell (President of the Center for Individual Rights), will Bob to explain why they are still fighting on behalf of teachers and students to have Friedrichs v. California Teachers Association reheard once a ninth justice is confirmed. The saga of Scalia's Supreme Court vacancy continues on the show of ideas, not attitude.

LINKS

Center for Individual Rights

Victory for Unions as Supreme Court, Scalia Gone, Ties 4-4 - The New York Times

Friedrichs v. California Teachers Association : SCOTUSblog