Mr. Speaker, I rise today offering my sincere congratulations to the Rutgers Law School Class of 2011. I additionally would like to recognize Rutgers-Camden Professor John Beckerman. Professor Beckerman possesses a keen legal mind and a…
Mr. Speaker, I rise today offering my sincere congratulations to the Rutgers Law School Class of 2011. I additionally would like to recognize Rutgers-Camden Professor John Beckerman. Professor Beckerman
possesses a keen legal mind and a passion for teaching. He has taught many classes ranging from Medieval European History to Duty and Fairness in Corporate Law at many esteemed schools, including Yale University, the University of Michigan, and Rutgers-Camden Law. This spring, he was selected by this year's Rutgers-Camden graduating class as the 2011 ``Professor of the Year.'' As part of this honor, Professor Beckerman delivered the Class Day Speech to the Rutgers School of Law- Camden class of 2011 on May 18, 2011. It is my privilege to read his remarks into the Record:
Honored Guests, Dear Friends, There are a lot of lawyers in
our country--something approaching one million two hundred
thousand--and despite all who leave the profession every
year, loud voices constantly tell us that there are too many
lawyers, too much law, too much regulation; that we need
fewer lawyers, less law, and especially less regulation.
Not everyone in the audience will agree with me, and that's
fine, but I have a different message for you. Quite apart
from the ongoing debate about the proper size and scope of
government, never have we needed capable and courageous
lawyers more than we need you now. Never has our society
needed your knowledge; your skills; your policy expertise;
your problem solving ability; your good judgment; your
sensitivity to the plight of ordinary people, to say nothing
of the poor, disadvantaged and oppressed, more than we need
it today.
History shows that lawyers and legal doctrine always have
served those of wealth and privilege. It is no coincidence
that property law in Anglo-American jurisprudence largely
developed in its main outlines before the laws of crime,
torts, and contract. Because wealthy and powerful persons and
entities can better afford lawyers than can the rest of us,
they not only hire lawyers more easily, but also elect
legislators, influence who become judges, and exert
disproportionate influence on both the law enacted by
legislatures and doctrine declared by courts.
What difference does this make today? The past thirty years
have seen the greatest concentration of wealth upwards ever
in the history of our republic. The effects of these economic
changes on the law and politics are not surprising, but are
cause for enormous concern. As Jay Feinman has demonstrated
(UN-MAKING LAW: THE CONSERVATIVE CAMPAIGN TO ROLL BACK THE
COMMON LAW, Boston, 2004), there has been a movement in
legislatures and courts to reduce the legal protections
available to ordinary people and to increase the legal
benefits our government gives to corporations and individuals
of wealth and power.
It's no secret that the General Electric Company paid no
federal income taxes in 2010 despite making more than $5
billion in profits, that the government gives $4 billion of
tax subsidies every year to the oil industry despite the huge
profits they are making as gas prices top $4 per gallon, and
that billionaires who have died since the beginning of 2010
paid no federal estate taxes. You don't need me to tell you
what's wrong with this picture. We need lawyers and
legislators with vision and courage to correct these
distributional inequities currently enshrined in law.
Consistent with the trend of reducing protections for
ordinary people, in the past month and a half, the
conservative majority on the Supreme Court issued two
decisions that I find very disturbing. In one (AT&T Mobility,
LLC v. Concepcion, No. 09-903, April 27, 2011), they held
that the Federal Arbitration Act preempts efforts of state
courts to limit contractual arbitration clauses that they
deem unfair to consumers. As soon as corporations insert into
every contract an arbitration clause limiting your right to
sue and waiving your right to represent others, this decision
will effectively end all consumer and employment class action
lawsuits throughout the United States, as well as their
disciplining effects on corporate behavior.
In another case (Connick v. Thompson, No. 09-571, March 29,
2011), the majority expanded the doctrine of municipal
immunity to overturn a damage award won by a man who served
eighteen years on death row in Louisiana for crimes he did
not commit as a result of the district attorney's
deliberately withholding from the defense the exculpatory
evidence that eventually exonerated him, in flagrant
violation of well-settled constitutional law. And a year ago,
in Citizens United v. Federal Election Commission, 558 U.S.
50 (2010), the same majority held that corporations have the
same First Amendment rights as people, thus effectively
eviscerating most legislative efforts to limit the corrosive
effects of money on politics. Do we need educated, proficient
and courageous lawyers to restore balance to the law in these
areas? Of course we do.
But those aren't the only reasons we need you so badly. The
same interests that tell us there are too many lawyers
continue to try to cripple protection of the environment from
greenhouse gases, to limit protection of the oceans from oil
well blowouts such as BP's Deepwater Horizon catastrophe, to
hinder protection of the drinking water supply in
Pennsylvania and New York from the carcinogenic effects of
hydraulic fracking chemicals used to extract natural gas, to
reduce protection of the nation's food supply and
pharmaceuticals, to obstruct protection of the capital
markets and investors from the same excesses of Wall Street
and the banking industry that melted down our financial
system in 2008 and gave us the Great Recession; to end
protection of severely injured victims of medical negligence
and abuse by physicians and hospitals in the guise of tort
reform, and to vilify public employees including policemen,
firemen and teachers and abolish their collective bargaining
rights.
We know from sad experience that free markets don't
regulate themselves, that the environment and the public
health don't protect themselves, that trickle-down economics
doesn't work, and that tax cuts don't pay for themselves. But
we need lawyers to translate that experience into law if the
public is to be protected from the worst excesses of free
market capitalism and corporate greed.
We need you for other compelling reasons also. In 2009,
over 6,600 hate crimes were reported in the United States,
almost half against victims targeted because of their race,
the rest against victims targeted because of their religion,
sexual orientation, ethnicity, national origin or disability.
We need lawyers not only to prosecute the perpetrators, but
also to dispel the dual curses of ignorance and intolerance
that cause these crimes and to protect the civil rights of
the persons who are their targets.
And throughout the world, peoples emerging from the yokes
of tyrannical and dictatorial regimes need the assistance of
lawyers to establish laws that will afford them the blessings
of fair and peaceful democratic government.
My new lawyer colleagues, the challenges that await you are
serious and daunting. Both American society and the world
need you desperately. The faculty and staff of the law school
and all who have supported you during your time here have the
highest hopes for each and every one of you. We offer you
only one challenge as you graduate from Rutgers Law School.
Make us all proud of you!
Thank you very much.