ellisconversations's podcast
In this podcast, Jamil Ellis talks with his father, retired Federal Magistrate Judge Ronald Ellis, about the historical role of law in shaping the societal structures which act as barriers to attaining the American dream. They discuss why "legal" is not a synonym for "moral" and why law, a prime actor in creating the problems, can and should be a part of the solution. Join them as they talk about wealth, voting, education, criminal justice and other topics which divide the nation. https://ellisconversations.tumblr.com/
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States Rights, Legal Wrongs: A Recurring Page from the Segregationist Playbook
02/12/2024
States Rights, Legal Wrongs: A Recurring Page from the Segregationist Playbook
In this episode, the hosts discuss the history of invoking some form of States’ Rights theory to limit the efforts of the federal government to expand or protect the rights of persons within the United States Southern Manifesto Mississippi State Sovereign Commission . “Calhoun’s justification of nullification and secession as constitutional rights of the state also went beyond traditional states’ rights doctrine as they were based on an unprecedented notion of absolute state sovereignty. Most old states’ righters, including James Madison, condemned nullification as an extraconstitutional and un-republican theory as it was not mentioned in the U.S. Constitution and because it subverted the cardinal principle of republican government, majority rule.” "A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery." . “Before , made racial segregation in public schools unconstitutional, there was Mendez, et al. v. Westminster School District of Orange County, et al. This 1946 class-action lawsuit challenged the constitutionality of separate schools for Mexican American students in Southern California and eventually helped end public school segregation across the state.” (Jan 14, 1963) “On the same portico of the Alabama Capitol in Montgomery where Jefferson Davis was sworn in as president of the Confederacy, Alabama Gov. George Wallace delivered his inaugural address, telling the crowd, “In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever!” Asa Carter, a member of the Ku Klux Klan, wrote his speech, which made national headlines and thrust Wallace into the national spotlight.” “I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of ‘interposition’ and ‘nullification’ — one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.”
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Claudine Gay: The Latest Victim in the Debate over DEI, Affirmative Action, and Meritocracy
01/08/2024
Claudine Gay: The Latest Victim in the Debate over DEI, Affirmative Action, and Meritocracy
In this episode, the hosts discuss the controversy concerning the Resignation of Harvard president Claudine Gay.Is Diversity, Equity, and Inclusion undermining merit or does it address a history of Discrimination, Exclusion, and Inequality.
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From Jamestown to Charlottesville: Virginia and America’s racial divide
12/22/2023
From Jamestown to Charlottesville: Virginia and America’s racial divide
In this episode, the hosts discuss the leading role that Virginia has played in the racial divide in America’s history. Home to the Founding Fathers and Capital of the Confederacy, the state has been the crucible of the ideals which built this country and the ideas which would tear it apart. Washington, DC History Virginia 1619 . Florida Episode - Indiana Episode -
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Holding the Line: Sandra Day O’Connor’s legacy of bringing stability to the Supreme Court by protecting its established precedents.
12/06/2023
Holding the Line: Sandra Day O’Connor’s legacy of bringing stability to the Supreme Court by protecting its established precedents.
In this episode, the hosts discuss Justice O’Connor’s role as the “swing vote” as the Court addressed major fault lines in our society on issues such as abortion, affirmative action, and gender equality. Planned Parenthood v. Casey Grutter v. Bollinger
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Black History: Never Equal; Never Protected: Up North to Indiana
09/08/2023
Black History: Never Equal; Never Protected: Up North to Indiana
In this episode, the hosts continue examining how specific states have addressed racial equality, Black history, and White Supremacy. In this episode, they travel outside the Deep South, and focus on the state of Indiana – Klan Capital and home of Sundown Towns. LINKS IN THIS EPISODE Links for podcast Violence in Jacksonville Florida Ax Handle Saturday Indiana History links Rosedale, NY Racist attacks Other Related Episodes Check out Check out
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Black History: Never Equal; Never Protected - First Stop: Florida
08/08/2023
Black History: Never Equal; Never Protected - First Stop: Florida
In this episode, the hosts begin a series of episodes examining how specific states have addressed the racial equality, Black history, and White Supremacy. First stop: Florida. LINKS IN THIS EPISODE Smithsonian Magazine Florida Academic Standards 2023 Ron DeSantis and the State Where History Goes to Die Removing Relics of "The Lost Cause" | On the Media | WNYC Studios Lost Cause Other Related Episodes Check out Check out
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Colorblind Remedies for Color-Conscious Wrongs
07/04/2023
Colorblind Remedies for Color-Conscious Wrongs
Photo Credit : Encyclyopedia Britanica In this program, the hosts discuss the Supreme Court’s decision to forbid race-conscious affirmative action approaches to achieve diversity n higher education. The discussion contrasts Justice Roberts’ pronouncement that decisions should be color-blind with Justice Jackson’s reminder that the country has been far from colorblind and the effects are not just historical but real in the present because of the intergenerational transmission of inequality. Moreover, the “self-evident” truth that all are created equal has not been applicable to Black Americans. OTHER EPISODES OF INTEREST RELATED LINKS Check out Check out
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Not in Our Stars, but in Ourselves: How The Supreme Court Undermined Its Own Reputation
05/10/2023
Not in Our Stars, but in Ourselves: How The Supreme Court Undermined Its Own Reputation
Image Credit: Collection of the Supreme Court of the United States In this episode, the hosts discuss the Roberts Court’s failure to adhere to precedent and the effect this is having on the public’s confidence in the Supreme Court. Respect for precedents and the application of the principle of stare desisis provide constancy and comfort and avoids the appearance that the Court is swayed by political consideration. Simple assertions that a prior decision was wrongly decided are inadequate to justify undermining the expectations of parties before the Court and the public at large. LINKS IN THIS EPISODE Check out Check out OTHER EPISODES OF INTEREST
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The Fire This Time: Black History Surviving in the Time of Modern-Day Book Banning
02/10/2023
The Fire This Time: Black History Surviving in the Time of Modern-Day Book Banning
Photo credit: Afro.com EPISODE SUMMARY In this episode, the hosts discuss Black History and the historical use of book burning, book banning, and other methods to suppress inconvenient truths. False narratives flourish when voices remain silent are have been removed from the discussion. To download the transcript, A FEW KEY TAKEAWAYS FROM THIS EPISODE Denying Black people education and banning books is part of historical pattern to control access to information to control the narrative This practice of banning and burning books has been used throughout history by people in power wishing to keep power ChatGPT disagress with the governor of Florida on the educational value of AP African American History LINKS IN THIS EPISODE Check out Check out Current effort to ban books Reconquista The Politics of education and text books OTHER EPISODES OF INTEREST
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Martin Luther King: Waiting on His Dream
01/16/2023
Martin Luther King: Waiting on His Dream
EPISODE SUMMARY In this episode, the hosts discuss why Martin Luther King should not be limited by a selection of words from the “I Have a Dream” speech delivered in 1963, and how he pointed out the failings of America, confronted those in power, and challenged them to make that dream a reality. A FEW KEY TAKEAWAYS FROM THIS EPISODE If you look at the "I Have a Dream "speech, and you don't look at that one line, but you look at what he said about the state of Black America and how black Americans were shackled in their own country, then you get a better sense of how he was confronting America and his treatment of a large segment of the population. A great starting point to understand that when Martin Luther King Jr. says non-violent, he's confronting a system of American apartheid that is making second-class citizens. America's a violent nation. It was born of violence. It was maintained by violence in the form of a civil war, and it's held together through violence. Martin Luther King was a revolutionary and his revolution wasn't premised on having more guns. To download the transcript, LINKS IN THIS EPISODE MLK NBC Interview 11 months before his assassination Letter From Birmingham Jail Homestead Act of 1862 . I Have A Dream Speech Video I Have A Dream Speech Transcript Frontline Transcript February 10, 1998 Washington Post Story on passage of King Day Check out Check out OTHER EPISODES OF INTEREST
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They Don’t Dare Call It Treason: Our House is Under Attack. Where’s POTUS?
01/06/2023
They Don’t Dare Call It Treason: Our House is Under Attack. Where’s POTUS?
EPISODE SUMMARY In this episode, the hosts discuss the actions and inactions of Donald Trump during the January, 6 2021 attack on the Capitol and why letting it go unpunished is not a positive option. A FEW KEY TAKEAWAYS FROM THIS EPISODE Where we stand on the Trump's actions (or lack thereof) from the January 6th, 2021 assault on the U.S. Capitol. Leaders with fascist tendencies have a very good grasp on media and you cannot deny that Trump's skill with the media and communicating. People in authority cannot be excused from the consequences of their actions. To download the transcript, LINKS IN THIS EPISODE Some things from the Nixon Tapes January 6th Committee Report Full Committee Report Trump’s Message to Crowd Check out Check out OTHER EPISODES OF INTEREST
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Whose Constitution Is It, Anyway?: Originalism vs. The Living Constitution
12/17/2022
Whose Constitution Is It, Anyway?: Originalism vs. The Living Constitution
Photo by on EPISODE SUMMARY In this episode, the hosts discuss the Supreme Court’s upcoming decisions on the Constitutionality of Affirmative Action and the power of state legislatures to draw Congressional district lines without judicial review. Originalists say let’s figure out what the words used in the Constitution meant at the time. Proponents of a Living Constitution say let’s figure out what makes sense today. A FEW KEY TAKEAWAYS FROM THIS EPISODE What it means to be an originalist vs. a texualist All about independent state legislature theory before the Supreme Court, its texualist roots, and its potential damage to our democracy Affirmative action will likely end as we know it in 2023 at the hands of the real activist judges To download the transcript, LINKS IN THIS EPISODE INDEPENDENT STATE LEGISLATURE CASE Bipartisan Policy Center “Independent State Legislature Theory Undermines Elections Principles.” SCOTUSblog.com “Court seems unwilling to embrace broad version of “independent state legislature” theory.” NPR “Supreme Court to hear controversial election-law case.” AFFIRMATIVE ACTION CASES NPR “Can race play a role in college admissions? The Supreme Court hears the arguments.” SCOTUSblog.com “In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America.” Thomas Jefferson on whether the American Constitution is binding on those who were not born at the time it was signed and agreed to (1789) Check out Check out OTHER EPISODES OF INTEREST
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Inflation Reduction Act of 2022; A new hope for Black communities that have been divided, deprived, and denied opportunities to accumulate wealth
09/05/2022
Inflation Reduction Act of 2022; A new hope for Black communities that have been divided, deprived, and denied opportunities to accumulate wealth
EPISODE SUMMARY The Inflation Reduction Act of 2022: A new hope for Black communities that have been divided, deprived, and denied opportunities to accumulate wealth. In this episode, the hosts discuss various policies and practices which have adversely affected Black communities and hindered the ability to build wealth. Also in the podcast are reasons why provisions in the Inflation Reduction Act of 2022 can help begin the process of repairing some of the damage by fostering a community-based approach to environmental issues. Finally, Jamil tells the audience about the new company he founded with his brother, Jelani, A FEW KEY TAKEAWAYS FROM THIS EPISODE Historically, wealth has systematically been removed from black communities. Often that wealth was removed in ways that left communities in less desirable land leading to climate change disproportionately affecting people of color. It’s a great time to form partnerships that have the same goal of saving the planet and hopefully The Inflation Reduction Act of 2022 will be a big step for focusing on that goal. Unified Ground’s goal is to enable these partnerships. Its mission is to build technology to connect existing organizations and businesses to Environmental, Social, and Governance (ESG) investments, with the goal to reduce the income and wealth gap and lift up communities of color. MORE ABOUT UNIFIED GROUND Vision Our vision is to close the income and wealth gap in vulnerable communities because a sustainable planet is not possible without an equitable society. Climate change disproportionately affects vulnerable, low-income as well as Black, Latino, and Indigenous communities. We believe that strengthening the resource networks of these communities is an integral part of creating a sustainable planet. If communities can hold onto more resources, they will better address current climate emergencies and make sustainable choices. Mission We are building the technology to connect existing networks of community organizations and businesses to Environmental, Social, and Governance (ESG) investments, with the goal to reduce the income and wealth gap and lift up communities of color. Problem Demand for ESG investments, already a rapidly growing requirement for business, will increase as the markets make it a requirement for publicly traded companies. Social Impact funds have a continual need to find verifiably impactful community-based investments. Some states and municipalities across the US have aggressive goals to reduce carbon emissions. We can only achieve these goals with successful investments in vulnerable communities and communities of color. Historically, these customers have had trouble engaging successfully with communities and local vendors. Why The Time is Now Climate Disasters are upon us - We are in the midst of another record season of fires, flood, drought, and hurricanes in the US. Climate Impact will be a business requirement - The 2022 IRA represents landmark climate legislation in the US. The SEC will have public companies report on their environmental impact starting with 2023. In addition to 2022 IRA, many states and cities are moving forward with aggressive climate policies Business Stakeholders are putting the pressure on - Corporate boards and internal stakeholders are demanding goals and verifiable impact results. Employees want to know their companies are not just committed to their climate and community impact goals, but making them a reality. Solution Unified Ground provides the services and technology platform to connect Environmental, Social, and Government investors with a network of community-based vendors and climate justice organizations. The 2022 Inflation Reduction Act (IRA) will be a catalyst for Climate Technology and Environmental Justice. To download the transcript, LINKS IN THIS EPISODE Check out Check out OTHER EPISODES OF INTEREST
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From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
06/11/2022
From Loving vs Virginia to Roe vs Wade: Who gets to decide which rights get protected for Americans
Photo Credit: EPISODE SUMMARY In this episode, the hosts discuss how the Loving v. Virginia decision barred States from prohibiting marriages because of the race of the participants, and the historical problem of “letting the States decide” the reach of the Equal Protection Clause of the Fourteenth Amendment. Highlighting the sectional differences and views on issues such as race and gender, they point out that the results are predictable and that it is reasonable to infer intent to thwart consensus. Beginning with the Founding Fathers, and the racial compromises in the Constitution, the podcast outlines the continuing role of race in compromises leading up to the Civil War and beyond. There are those who have suggested that the issues in Roe v. Wade should have been left to the States and sending it back to the States would be a good idea. Given the hyper-partisanship in politics today, the hosts question the reasonableness of this belief. Compromise is only effective when both sides literally have a compromise position. A FEW KEY TAKEAWAYS FROM THIS EPISODE The conflict between the concept of originalism and equal protection. (7:49) We need to consider the real world as it exists now, when we compare the concept of originalism with the concept of a living constitution. (30:01) If you aspire to greatness, you have to look forward and not be mired in the past. Loving vs Viriginia teaches us that we can have a brighter future if we allow everyone to be treated equally, and not be dragged down by this notion that there are lesser groups in the body politic. (37:20) To download the transcript, LINKS IN THIS EPISODE Check out OTHER EPISODES OF INTEREST
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Brown vs. Board of Ed Anniversary
05/16/2022
Brown vs. Board of Ed Anniversary
Photo credit: AP Images for Britannica.com EPISODE SUMMARY In this episode, we're going to focus on one of the most talked about cases in Supreme Court history. On May 17 1954, in a unanimous decision, the Supreme Court held in Brown versus Board of Education, that in the field of public education, the doctrine of separate but equal had no place, and that separate educational facilities were inherently unequal. A FEW KEY TAKEAWAYS FROM THIS EPISODE In terms of what it meant to the health of the nation, Brown versus Board of Education was the most significant case in the history of the Supreme Court. Part of what's in the DNA of this country is aspirational. And what Brown did was having a goal of providing equality. It's certainly true that we have fallen short in some of the things that we profess as a nation. The difference between where we want to be and where we are, is the engine that drives change. Judge Ellis read excerpts from the Appendix to the Congressional Globe, described here from “The Globe, as it is usually called, contains the congressional debates of the 23rd through 42nd Congresses (1833-73). There are forty-six volumes in the series based on the table found in the Third Edition of Checklist of United States Public Documents 1789-1909, Volume 1B (pp. 1466-69). The Globe is the third of the four series of publications containing the debates of Congress. It was preceded by the Annals of Congress and the Register of Debates and succeeded by the Congressional Record. The first five volumes of the Globe (23rd Congress, 1st Session through 25th Congress, 1st Session, 1833-37) overlap with the Register of Debates. Initially the Globe contained a "condensed report" or abstract rather than a verbatim report of the debates and proceedings. With the 32nd Congress (1851), however, the Globe began to provide something approaching verbatim transcription. The contents of the appendix of each volume vary from Congress to Congress, but appendixes typically contain presidential messages, reports of the heads of departments and cabinet officers, texts of laws, and appropriations. Speeches not indexed or referenced on the pages reprinting the debates appear in the appendix as well.” More specifically, I read from the 33rd Congress, Second Session.[1855] The first page of the Appendix is From the entry page you can jump to specific pages, and I read from page 234, Tennessee Senator And page 236, Indiana Senator To download the transcript, LINKS IN THIS EPISODE Appendix to the Congressional Globe, described here from The first page of the Appendix is Tennessee Senator Indiana Senator Check out OTHER EPISODES OF INTEREST
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Qualified: Judge Ketanji Brown Jackson, JCrew, and Jim Crow: Mind Your Place
03/23/2022
Qualified: Judge Ketanji Brown Jackson, JCrew, and Jim Crow: Mind Your Place
Photo above by Greg Nash, TheHill.com In this episode, the hosts discuss the unusual things said in opposition to Judge Jackson’s appointment to the Supreme Court and how it fits a historical pattern of marginalizing Black women and downplaying their accomplishments to foster notions of inferiority. To download the transcript, LINKS IN THIS EPISODE Check out Check out Other episode of interest:
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Affirmative Action: How We Got To Now
03/05/2022
Affirmative Action: How We Got To Now
EPISODE SUMMARY In this episode, the hosts discuss the origins of Affirmative Action and the conditions and attitudes which compelled governmental and private institutions to take steps to combat lack of progress in dismantling segregation in American life. A FEW KEY TAKEAWAYS FROM THIS EPISODE There is a lot of misunderstanding around the history of Affirmative Action and a lot of resistance around it Whether it's in education (we discuss the recent happenings at Harvard), housing, jobs, or getting data, people define discrimination and affirmative action differently, also for other groups such as women, Jewish people etc. Taking a closer look at the lines of segregation in certain cities and states To download the transcript, LINKS IN THIS EPISODE Check out Check out OTHER EPISODES OF INTEREST
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Gifted and Talented Programs: So many children left behind
11/03/2021
Gifted and Talented Programs: So many children left behind
In this episode, the hosts discuss the gifted and talented program, specialized schools, and charter schools in the NYC school system, and how they undermine - perhaps by design - the ability and the will to insure that every public school student receives an equal educational opportunity.
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Don’t Bother Me With Facts; I Know Truth: Why Combatting Bias is Hard
08/02/2021
Don’t Bother Me With Facts; I Know Truth: Why Combatting Bias is Hard
In this episode, the hosts discuss sociological and psychological factors which sustain our biases. Topics include Confirmation Bias; tolerance of Hate Speech; support for False Equivalents; and the Dunning-Kruger, or Lake Wobegon Effect.
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The Assault on Critical Race Theory
06/19/2021
The Assault on Critical Race Theory
In this episode, the hosts discuss the new legislative “ad campaign” attacking the teaching of Critical Race Theory, which seeks to honestly analyze the impact of law, race, and history on American institutions. These new legal initiatives seek to outlaw curricula which make students feel uncomfortable. This may raise questions whether schools can even teach about the newest federal holiday, Juneteenth.
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It wasn’t only Tulsa
06/01/2021
It wasn’t only Tulsa
America has historically had a short attention span when it comes to racial inequality. Too often, “outrageous” racial incidents begin to shape the narrative and define the limits of tolerance, allowing other forms of racism to recede from the discussion.
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Technology and Justice: Medicine and algorithms
04/23/2021
Technology and Justice: Medicine and algorithms
In this episode, the hosts discuss the nation’s history of medical experimentation, false beliefs about racial differences, and racial disparities in health care which have negatively impacted Black communities and led to significant gaps in life outcomes. Incorporating algorithms into the equation would insure that past inequalities persist into our future.
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Technology and Justice: Algorithmic Dangers in Facial Recognition, Jobs, and Education
04/07/2021
Technology and Justice: Algorithmic Dangers in Facial Recognition, Jobs, and Education
In this episode, the hosts continue their discussion on the pitfalls at the intersection of technology and justice, including the use of facial recognition software which doesn’t recognize Black faces and the story of a teacher lauded by human observers but targeted for termination by a still undisclosed algorithm.
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Technology and Justice - Embedding our past in our future
03/28/2021
Technology and Justice - Embedding our past in our future
In this episode, the hosts begin the discussion on the increasing use of mathematical algorithms to crunch Big Data to predict future outcomes. This data, however, includes societal biases and embed our flawed past into our future lives. Today: Criminal Justice and the self-fulfilling prophecy of who is a risk to society.
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For the People Act of 2021
03/09/2021
For the People Act of 2021
In this episode, the hosts discuss the HR 1: For the People Act of 2021 and its provisions to make voting safe , simple, and secure for all citizens. At the same time, efforts in more than forty states to place even more roadblocks on exercising the franchise highlight the need for Congressional action.
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The role of our government representatives
02/27/2021
The role of our government representatives
In this episode, the hosts discuss philosophies about the interplay of loyalty to “constituents” and the role of conscience for elected officials. In the context of impeachment, they ask whether senators appropriately followed their oaths both as senators and as impeachment jurors to support and defend the Constitution – and the Nation.
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The Capital riot and social justice protests
02/10/2021
The Capital riot and social justice protests
In this episode, the hosts discuss the stark contrast between the preparation for the Black Lives Matter protest in June 2020 and that for the Insurrection on January 6, 2021. This difference has its historical roots in unfounded racial fears about Black anger and demands for equal justice. Challenges to the presumed social order are cause for alarm and justification for forceful response.
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Short coversation on COVID relief legislation
02/06/2021
Short coversation on COVID relief legislation
A short discussion on debate around upcoming COVID release bill
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Reaction to Biden's executive orders
01/28/2021
Reaction to Biden's executive orders
Retired Federal Magistrate Judge the Honorable Ronald Ellis on President Biden’s executive orders this week. Tune into Ellis Conversations to hear more conversation on the intersection of law, history, and race. Next episode we tackle the capital riots and their historical context with other flash points in history.
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John Lewis Voting Rights Act - It's time for action
01/23/2021
John Lewis Voting Rights Act - It's time for action
In this episode, the hosts discuss the imperative to move quickly on the proposed John Lewis Voting Rights Act. Those dedicated to limiting the number of eligible voters and devising obstacles to voting have historically found effective ways to press their agenda whenever legal restraints are not in place.
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