The U.S. Chamber of Commerce has become a despicable organization. I'm not talking about the local Chambers to whom many of us turn when we're relocating to a new area, inquiring about civic and business associations or good tourist sites to visit. Rather, this is about the national office, the nation's richest corporate lobby group with a far-reaching right-wing anti-consumer partisan political agenda.
First, a quick review of the U.S. Chamber's activities this year: multimillion-dollar ad campaigns (on top of record $144 million spent lobbying) to try to bring down both health insurance and financial reform; petitions and lawsuits against the EPA for finding that greenhouse gases endanger the public; a harassment lawsuit against the satirical Yes Men for punking them over their backwards climate change views, a position so out of whack that several major companies left the Chamber in protest ; and opposing Senator Al Franken's defense appropriations amendment that says those who serve as contractors in Iraq and get brutally drugged and raped by their co-workers ought to be able to seek legal recourse for their injuries court. They are also starting to force movie audiences to watch commercials to convince them that the biggest problem facing the country today isn't the economy, unemployment, two wars... (need we go on). It's lawsuits by average working families, especially the ones against corporations that hurt and poison people. Tone deaf doesn't begin to describe this.
They were also caught in a number of other embarrassing faux pas (like here and here) but as we saw with the behavior of bonus-seeking Wall St. executives, when you're that rich, you're incapable of embarrassment. And here's more proof of that.
In 1998, the U.S. Chamber of Commerce, created a project called the "Institute for Legal Reform" (ILR) to pursue the Chamber's agenda of protecting dangerous corporations from liability. I've written about this group here. ILR is itself a huge spender. One of ILR's "jobs" is to publish an annual "ranking" of states, a survey that criticizes certain state business climates based on nothing more than the views of a scattering of corporate lawyers' from around the country, most of whom know absolutely nothing about the states they are "ranking." Their new one is out today.
Back in 2006 - just months after Hurricane Katrina - the Chamber's "survey" inexplicably pummeled the struggling Gulf Coast region, calling these states bad for business just as they were trying to recover from one of the worst disasters in our nation's history. Despite withering criticism from consumer groups (like ours) and experts, the Chamber has reissued this ranking every year with nearly the same results. This year, it again beats up some of our country's most struggling states, suggesting that these states - West Virginia and Mississippi, the nation's two poorest, along with Alabama, Louisiana, and struggling California - deserve to be ridiculed as bad for businesses.
Ironically, the Chamber seems utterly unconcerned with the actual business climate in or the impact their survey might have on the communities they are hurting. Back when Madison County, Illinois was the most frequent object of Chamber attack (they still make the list), the county board chair countered by saying, "I've been in contact with local chambers of commerce trying to attract people to Madison County, and we agree Madison County is a good place to locate business... There has been a lot of propaganda in the last election year."
Before trying to understand why they do this, it's worth examining just how intellectually dishonest and harmful to the country this "survey" is. Theodore Eisenberg, Professor of Law and Adjunct Professor of Statistical Sciences at Cornell University, severely critiqued this shoddy document last September. Here are just a few highlights:
• "The survey is methodologically flawed and provides little useful information for states assessing their liability systems or for businesses considering investment in states or in the United States. The survey lacks elementary social scientific objectivity and incorrectly characterizes state law. Objectively verifiable responses are correct less than 10% of the time. Respondents ignore legal rules and material events within states."
• "The Chamber's survey violates the elementary principle that evaluation of legal system performance should be based on input from both sides to disputes," noting the obvious: "asking only one side to a dispute about a system will yield biased results."• Compounding this bias is the fact that respondents are first told of the prior year's results, and are provided monetary incentives.
• Even when one of those states changes its laws to strip consumers or patients of legal rights (such as Alabama, Louisiana, Mississippi, Texas and West Virginia), these states continue to rank "low," which is "consistent with evidence from other states that respondents know little about the states they rank."
But this survey is more than just hurtful to a few states. Eisenberg finds that the most damaging effects of the Chamber's survey likely are "on our whole country's fiscal and physical well-being." That's because "U.S. businesses invest largely based on criteria more relevant to their decisions than the Chamber's claims about state legal systems. [This survey] creates false impressions about states and the United States that may discourage foreign investment" and "may also unnecessarily endanger the public safety by decreasing tort law's deterrent effect."
What to do? One idea: rather than sit through their 2-minute film propaganda at the movies, take a moment and complain to the manager.
Follow Joanne Doroshow on Twitter: www.twitter.com/centerjd
Because of that poptart article, I detect underlying purposes for your OpEd –in light of you posting a comment to your own huffingtonpost article the SAME DAY it was published; and after I began receiving those follow-lawgrace-wherever-she-goes comments from “wily.” I want you to know that I am concerned about your function, so much so that I believe the “Center for Justice & Democracy” dealings should be investigated for possibly conflict of interests (something like when Congress members return gifts upon appearances of impropriety).
As such, I’m considering an “Open Letter” to the U. S. Chamber, and others with investigative authority, detailing why it might be necessary to determine whether any improprieties connect your Washington, DC Center to any of Louisiana’s problems, rather than solutions. If so, I definitely will inform where it can be found. Also, I am alarmed because –as your OTHER website @http://www.centerjd.org/about.php says– your organization “is the only national consumer organization in the country exclusively dedicated to protecting our civil justice system.” Yet, your organization not only seems clueless about the atrocious civil injustices in Louisiana, you appear to have an unusual interest in presenting an incorrect picture of Louisiana courts –despite the fact of our State’s longstanding infamous political corruption! Your use of “Brazen” and “despicable” is eye catching. “Brazen” and “despicable” also is what can be said of courtroom judges in Louisiana.
For nearly FIVE years, I have been sounding the alarm / beating the drums about dangerous Louisiana judicial corruption. I do so with specific hope that the urgent need for judicial overhaul will provoke reforms; and Case Study facts and evidence such as offered on my www.lawgrace.org website, will hasten critically needed USA judicial reform. (Prior to Internet drum majoring, I repeatedly reported facts and proof to local authorities, which resulted in horrific reprisals against me; but no change in civil rights violations and judicial misuses of authority. I’ll continue beating the drum, as long as I am able to do it, so that justice for all may roll down like a river.)
Recent Internet articles entitled: “Louisiana courts ranked near bottom in business survey,” have kept my attention. While locating such articles and posting facts & proof about Louisiana’s court appalling systems of justice, I often saw Louisiana Justice Catherine Kimball’s (untrue) refutation of problems with Louisiana courts –but many comments decry behavior of judges in Louisiana.
I hoped to call to attention things that the ranking by the U.S. Chamber’s Institute for Legal Reform omitted. When I encountered that anonymous article (which happens to be from your organization), I wanted to say what I thought your organization had not considered. I clicked your hyperlink at http://www.thepoptort.com/2010/03/louisiana-rips-the-mask.html, with intent to post my comment, but not to read anything the Chamber, nor about ANY more praise of Catherine and company!! Because the article concealed the identity of whomever wrote it, I certainly did not know I was being introduced to the supplier of the ALL HAIL Louisiana courts and Catherine. (It’s difficult for me to include ‘judge’ with her name.) The paragraph which contained the “check out the comments,” hyperlink expostulated on U.S. Chamber’s ILR survey. It was UTTERLY DECEPTIVE to tell readers to “check out the comments.” I had no idea, that to the contrary, I was being manipulated to a brainwashing diatribe entitled: “The Brazen US Chamber of Commerce Campaign to Hurt the Economy” –of which, encompassed MANY SUBJECTS. I would have called it: ‘Doroshow’s laundry list of what she wants the public to dislike about the U.S. Chamber –along with indoctrination data; and Doroshow’s celebration of Louisiana’s court systems.’
You are a very good writer, but I think it is a calculating aim to incense readers against the Chamber –for reasons beneficial to you.
Considering one-sided statements like this article, what people who rally behind Ms. Catherine Kimball apparently ignore, is that people without law degrees WERE NOT polled for the ILR survey. From Kimball’s rebuttal, it appears that she thinks the only people who have sense enough to know that things in Louisiana courts are amiss, have to possess law degree. This Huffington Post article from one named Joanne Doroshow seems to echo Kimball’s view. From what I’ve been able to determine from Doroshow opine, Doroshow is not, nor has been a resident of Louisiana. If that is true, it would behoove Doroshow to take note of Kimball’s statement about people not being from our State; and it would behoove Doroshow to not ignore the reality that the greatest percentage of people who concur with Louisiana’s legal climate ranking, (like comments posted on nola.com) are people with first-hand experience / knowledge of Louisiana’s “hell hole” court systems!
Moreover, the ILR survey listed New Orleans courts was listed as being among the worst in the nation. Justice Catherine Kimball’s committee challenge won’t be able to trounce more than a decade of judicial wrong-doings, public outcries, and irrefutably unfair Louisiana adjudications. (I have provided some links with this comment.) The fact that New Orleans is notoriously corrupt is serious because so many court systems are located in New Orleans, namely: the Louisiana 'supreme court (which includes Kimball), the 4th Circuit Appeal Court, the Federal Eastern District Court,
Also, for the right reasons, you and anybody else could email me to ask non-amusement questions. I check for email inquiries, but I always get pleas for help –along with details of what happened.
Moreover, I am really aware that slander is actionable; therefore, I boldly tell what I know with no worry about truth because is a defense to claims of slander. I appreciate that you took the time to write, but I definitely provide substantiation. Comment space is not the forum for details you seem to need; but my website has not ceased to be more than adequate! In fact, many many people find that the information on my site is EXTREMELY INFORMATIVE and helpful. By that way –if you care to know– my motive for my labor, is stated below.
the Federal 5th Circuit Court of Appeals, the Eastern Louisiana, U.S. Department of Justice (DOJ), overseen by Jim Letten, whose office covers up federal judges' wrongdoings.
People most gruesomely victimized by judges -which Kimball obviously upholds, are lay people who lack legal acumen to recognize or describe court injustices to which they have been subjected. Also, it’s common for cases filed in Louisiana courts to be unlawfully removed to federal court--OFTEN WITHOUT INFORMING THE OPPOSING PARTY. Louisiana, cases can become commenced, prolonged, maintained; and ‘legal teams’ receive fees for pretend services of representing purported defendants, DESPITE the IMPOSSIBILITY for any judge to have jurisdiction over a person who has NEVER been served with the required Louisiana CITATION & PETITION. Amazingly (and needlessly), fees are “raked in” for extensive litigations in federal court after groundlessly "removal" to federal court without an actual defendant; and chums get (deliveries, process servers, curator ad hocs. investigators) a slice of the litigation pie.
Also, New Orleans Civil Sheriff Paul Valteau and certain 'deputies' of his department falsify "sheriff returns." This prevents people from TIMELY responding to civil actions; abets fraudulent "Sheriff's auctions," enables unjust default judgments, etc,. –even if there was never a “real party” plaintiff in the first place. And, it remains to be discovered the stupid judicial rulings which aided Hurricane Katrina insurance money to be fraudulently acquired via persons who maintain that they actions were for Freddie Mac, Wells Fargo, and even defunct Lehman Brothers.
Second, you show you have no idea what you are talking about with your discussion on removal. Removal is a device of choice of corporations -- the entities that the U.S. Chamber represents and for whom it lobbies members of Congress. Removal draws out litigation and gives corporate defendants a federal venue of their "liking," rather than leaving the dispute to the state judiciary and juries. See, for example http://www.dri.org/ContentDirectory/Public/Newsletters/0240/2006%20Young%20Lawyers%20Committee%20The%20Whisper%2011%20November.pdf, page 2.
Furthermore, EVEN THOUGH I HAVE POSTED in part 3 of my March 27, 2010 comment, website links which corroborate what I write, it appear that your “baffled” condition cannot be helped. Specifically, as evidence that you remain “baffled,” despite the Prima Facie proof those links lead to, you’ve obviously ignored my already-furnished verifiable information. Instead, you switched your query to whether I read Doroshow’s article –which is her personal perceptive, and so is my non-slandering valid perspective. Thanks for not wasting my time by directly contacting me, because, as manifest by your back and forth replies, no matter what I “SHARE,” you will remain baffled. However, read further I’ve got more to say to you.
Plus, Clerk of Court Dale Atkins ignores vast amounts of pleadings / documents that turn up missing from court records; untold appeals are lost because of such. HARD NOT TO CONNECT DOTS from Atkins' sending newly-filed lawsuits to judges of her choice; unjust transfers of state law cases to federal court; and massive amounts of missing documents.
Whatever the controversy (Asbestos, Workman's Comp, domestic, false Katrina insurance filings, open successions, 18-wheeler accidents) people would have better chances at resolution if judges would simply apply the rule of law. Louisiana corrupt judges are behind violence, poverty, broken families, and job crisis here! IT IS despicable for Kimball, Doroshow --anyone else to continue defending appalling judicial activities!!!
NOTES:
“Casualties From New Orleans' Ineptness and Corruption Coming To A City Near You” http://www.lawgrace.org/.../casualties-from-new-orleans-ineptness-and-corruption-are-coming-to-a-city-near-you/"
"Boiler Room Justice in Louisiana"
http://www.lawgrace.org/2006/07/01/boiler-room-justice-in-louisiana/
LEHMAN BROTHERS,’ Foreclosure Fraud, Wells Fargo; Deceptive Judicial Filings
http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/
Response to: “Louisiana Courts’ Low Ranking Based on Flawed Data"
http://newsblaze.com/story/20100327052856lawg.nb/topstory.html
“Lack of Legal Help: One More Way the Deck Is Stacked. . .”
http://www.huffingtonpost.com/arianna-huffington/lack-of-legal-help-one-mo_b_310353.html
You really are all over the place. I'm baffled as to what your point really is.
Here’s a hint: If yours or Doroshow’s propaganda stems from a corporation that you or your loved ones owned, which was forced to pay out large sums of money which you think were unfair, the first place to look and find where things went wrong would be the presiding judge’s ruling and orders. The second place to look would be lawyers who utilized people as pawns to rake in mega bucks from Class Actions. After such looking, people like the two of you might consider changing your tune from tort reform to (a) Judicial Reform / Overhaul; and (b) Lawyer Reform / Accountability –with the 1983 amendments to Federal Rule of Civil Procedure 11, as the foundation. * I have never been to law school, what is yours and Doroshow’s excuse? **In a different posting, when I get the time, I will “SHARE” on huffingtonpost, how propaganda from a different source caused me to discover Doroshow (whom I had never heard of prior to Saturday) and this article. It just goes to prove one of my mantras: WRONG MOTIVES PRODUCE WRONG RESULTS.
We are confident of the high quality of this poll.
Harris Interactive belongs to all the leading survey research organizations and subscribes to their codes of ethics and standards, which require that any research should say who paid for it. There is no reference as to whether Professor Eisenberg was paid by any party interested in discrediting the survey results. We note that he has served as a legal consultant for plaintiffs in litigation.
We are clear that we measure what corporate counsel believe. Our survey was conducted “to explore how reasonable and balanced the tort liability system is perceived to be,” not how reasonable and fair it is.
Eisenberg argues that we do not present an objective guide to how well the states’ systems work - something we do not claim to do. He presents no evidence that our surveys do not represent the views of corporate counsel accurately, which is all we claim.
Eisenberg argues that the results may persuade foreign companies not to do business in the US. We believe our survey – because it compares the 50 states – is more likely to influence their decisions as to which states to invest in rather than whether or not to invest in the US.
Those states that are poorly rated need to determine whether these ratings reflect what actually happens in their courts or inaccurate perceptions of their courts, or a combination of the two.
Many people are all for tort reform based on the misinformation the Chamber peddles. That is, they are for tort reform until they are hurt or cheated and find out their access to justice has been compromised.
We ought to be proud of our civil justice system. It's what keeps us from brutally killing each other to resolve disputes and grievances. On the whole, our legal system works. Instead of trashing it at-large, we ought to continue to install common sense tweaks where necessary, instead of shameless PR stunts like this "survey."