A Minor Revolution: How Prioritizing Kids Benefits Us All
May 25, 2023YSCC Grand Rounds May 23, 2023
Adam Benforado, JD, Professor of Law, Drexel University
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- 9961
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Transcript
- 00:00Good afternoon,
- 00:01everyone and welcome to Grand Rounds.
- 00:03Just a quick reminder about next
- 00:05week we will have our second in our
- 00:08trainee series of posted grand Rounds
- 00:10with our psychology Fellows and welcoming Dr.
- 00:13Thema Bryant virtually to the
- 00:14Child Study Center.
- 00:15Now it will be a fully virtual event,
- 00:17but anyone that wishes to come to
- 00:19the Cohen to be in community here
- 00:21listening to Doctor Bryant and welcome
- 00:22you to join us here in the Cohen or
- 00:24you can join us remotely via Zoom.
- 00:28And now with no further ado,
- 00:29I'd like.
- 00:30So welcome,
- 00:30Doctor Jim Lichtman to welcome and
- 00:32introduce our speaker for today.
- 00:38Well, I'll be fairly brief and
- 00:40thank you for the opportunity to
- 00:42make an introduction. My goodness,
- 00:44I can tell all sorts of stories,
- 00:46but I'm going to wait until the end of
- 00:48my introduction before I actually do.
- 00:50But he's going to be teaching us about
- 00:53the book that he recently has authored.
- 00:55And we need to learn more from him
- 00:57in terms of how best to interact
- 00:59with policymakers and politicians to
- 01:00really make a difference in this world
- 01:02with regard to the needs of children,
- 01:05which are immense and it's only
- 01:08sadly getting worse.
- 01:10But I'm really looking forward to your
- 01:14presentation and what more can I say
- 01:16except that this is a a good book to
- 01:18read and he there's another one that
- 01:20he published a couple of years ago.
- 01:22That I would also say I just ordered
- 01:24it from Amazon and hopefully it'll
- 01:26be arriving before too long.
- 01:28But let's see if we can try and
- 01:31make a child first mindset.
- 01:34And I think it looks like a number
- 01:36of people are joining us and
- 01:40it's wonderful that you're here,
- 01:41but we need to find out how best to
- 01:44interconnect with government officials
- 01:46and policymakers and to try and make
- 01:49a real difference with regard to.
- 01:50A sad reality for so many children
- 01:52that are faced in this world with
- 01:54the trauma and the rest of it.
- 01:56And with that, what I'm going to do is
- 01:59just say a few things that were passed
- 02:02on to me by my daughterinlaw and my son.
- 02:05And it turns out that Adam is a graduate
- 02:08of Yale College and he went to Davenport.
- 02:12And actually one of the individuals
- 02:13that was in his class was Catherine.
- 02:17And she is my dear, dear, dear.
- 02:19Daughterinlaw. And here are some fun facts.
- 02:25He's a talented musician.
- 02:27He sings and he plays guitar on the piano.
- 02:29So we're going to be looking forward
- 02:31to that later this afternoon.
- 02:33And he has two wonderful children
- 02:35and he actually is apparently
- 02:36the coach for the basketball
- 02:38team that your daughter is on.
- 02:40So that's pretty amazing.
- 02:43But I guess I'm really grateful
- 02:45that he's such good friends and.
- 02:47Makes me think of my journeys down to Philly,
- 02:49and I always have a great time down there,
- 02:52so the floor is yours,
- 02:55but the book is out there.
- 03:08So thank you all. Thank you to everyone
- 03:12at the Yale Child Study Center for
- 03:14inviting me here today. Thank you,
- 03:17Jim, for the wonderful introduction
- 03:19and for all of you who are attending.
- 03:23It feels, as Jim suggests,
- 03:26particularly appropriate to be coming back to
- 03:29Yale to talk about my work on youth rights,
- 03:33because after all, this was one
- 03:36of the spots where I was a youth.
- 03:39And I have the embarrassing
- 03:41photo evidence to prove it.
- 03:44So here is a picture of me in
- 03:48the Davenport Courtyard in 1998.
- 03:53And in truth,
- 03:54every photograph of me from this
- 03:57period is cringeworthy in its own way.
- 04:01But I selected this one because
- 04:03it's so perfectly captures that
- 04:06late 1990s fashion zeitgeist.
- 04:08And here's The funny thing,
- 04:12when I was 18 and 19 years old,
- 04:15when I wasn't busy making bold.
- 04:18Sartorial choices.
- 04:19I was actually thinking a
- 04:22lot about children's rights.
- 04:26Indeed,
- 04:27I'd always been thinking
- 04:29about injustice toward kids,
- 04:32So I thought it was wrong.
- 04:34When I found out that my best
- 04:36friend's dad spanked him,
- 04:38I didn't understand why I wasn't allowed
- 04:41to vote when I was 12 years old.
- 04:44I was outraged at the indifference.
- 04:47Of school administrators at my
- 04:49junior high school to bullying,
- 04:52and I bristled at being censored as
- 04:55a high schooler when I got to Yale.
- 04:59I was awestruck by the impact
- 05:01of wealth on our socalled
- 05:03educational meritocracy meeting.
- 05:06People who were 4th generation Yaley's
- 05:10people's people whose father had donated
- 05:13$1,000,000 before they transferred in.
- 05:16People who are not only
- 05:19going to graduate debt free,
- 05:21but who really had no pressure to
- 05:23get a job after finishing undergrad.
- 05:25And I think it was this concern with
- 05:29unfairness that really propelled me
- 05:31to law school and shape the questions
- 05:34that I was drawn to as a law professor.
- 05:37And certainly that has,
- 05:39I think,
- 05:40culminated in this new book project,
- 05:43A Minor Revolution.
- 05:44That's the focus of my talk today.
- 05:47So what is our plan for this early afternoon?
- 05:52What's kind of our road map?
- 05:56Not advancing.
- 05:59So first,
- 06:00we're going to look at how children are
- 06:03doing in contemporary America with the
- 06:05aid of a little historical comparison.
- 06:08A spoiler they're not doing great.
- 06:12Second,
- 06:12we're going to turn to how our
- 06:16failure to attend to children's
- 06:18interest throughout their development.
- 06:20Leads to harm and how Ensuring a core
- 06:24set of rights could greatly improve
- 06:26their lives to the benefit of all of us.
- 06:30Third, we're going to consider the ultimate
- 06:33source of our failure to protect, invest in,
- 06:36and empower young people before finally,
- 06:39I'm going to offer a bit of my grand,
- 06:42some might say radical,
- 06:44but I don't actually think it's.
- 06:46Radical.
- 06:46I think it's grand vision of
- 06:49how we can write this ship.
- 06:52So to start,
- 06:53I want to take us back to this
- 06:56really remarkable moment at
- 06:58the turn of the 20th century.
- 07:01And I want to begin with a story,
- 07:03a direct account of Judge Ben Lindsay,
- 07:05who in 1904 had just been appointed to the
- 07:11newly created juvenile court in Denver.
- 07:13And so this is Judge Lindsay writing
- 07:18directly in the first person one day
- 07:21in a busy civil session of the court
- 07:24trying a will case involving $2,000,000
- 07:27very large amount of the time.
- 07:30The courtroom door opened,
- 07:31and a boy poked in his tussled
- 07:34head and freckled face.
- 07:35The bailiff shoot him out.
- 07:38But he returned,
- 07:39not with any thought of disobedience,
- 07:42but because he had learned
- 07:43that he had rights there.
- 07:45I ordered a recess of three minutes,
- 07:47to the disgust I fear of one or
- 07:49two of the distinguished council,
- 07:52and the boy came to the bench,
- 07:54unafraid and smiling now.
- 07:55Where he was crying with fear The
- 07:57first time he was brought there,
- 07:59three months before,
- 08:01he was what is commonly called
- 08:04a street boy or newsboy.
- 08:06He said that he was having trouble,
- 08:10that for years a policeman on a beat had
- 08:12let him sell papers on a certain corner,
- 08:14and now,
- 08:15as he expressed it,
- 08:16a fly guy had taken his place
- 08:19and cuz he was a new cop,
- 08:20he thought he owned the town
- 08:22and it therefore ordered him
- 08:24off the favorite corner.
- 08:25And he was losing $0.50 a day.
- 08:28So what did Judge Lindsay do?
- 08:32He wrote the boy an injunction
- 08:34to deliver to the officer.
- 08:36As Lindsay described,
- 08:37the boy had a case to me as
- 08:41important as the one before the bar,
- 08:44involving the millions that a dead
- 08:46man had left behind for surviving
- 08:48selfishness and cunning craft
- 08:50to battle for in the courts.
- 08:52I do not apologize,
- 08:54but I rejoice that I thought the
- 08:57boy and his little case the most
- 09:00important thing before the court.
- 09:03It was a stunning interaction
- 09:05as the newspaper.
- 09:07This particular newspaper editorial
- 09:09proclaimed a glimpse of our
- 09:12brighter future in which quote a
- 09:14boy of the streets in his rags
- 09:16has as good footing as the cause
- 09:19of men clothes in broad cloth.
- 09:23But this wasn't a singular,
- 09:25aberrant interaction.
- 09:26At the dawn of the 20th century,
- 09:29there was a stirring of children's
- 09:32rights activism all across the country
- 09:34to address the plight of factory kids,
- 09:37starved and battered waves,
- 09:39poisoned infants,
- 09:40illiterate girls and doomed boys
- 09:43destined for arrest and prosecution.
- 09:46The child savers,
- 09:47as these reformers were sometimes known,
- 09:50gave us child labor, labor laws,
- 09:53and playgrounds.
- 09:54They helped Marshall resources
- 09:56to protect children from abuse
- 09:59and neglect by their parents,
- 10:01bolstered public education,
- 10:02and pushed for basic health measures.
- 10:05Grasping that kids were less culpable
- 10:08and more amenable to change than adults,
- 10:11they advocated for the creation of
- 10:13a separate juvenile justice system.
- 10:15Based on rehabilitation, not punishment.
- 10:18And they pushed for regulations to
- 10:20prevent companies from marketing
- 10:22products that imperil children's lives.
- 10:25Across fields, they offered a new vision.
- 10:29Many societal problems originated
- 10:31in the poor treatment of children.
- 10:34But with proper interventions,
- 10:36young people once destined for lives
- 10:40of desperation could be steered to success.
- 10:43So I actually opened the book,
- 10:46looking at a single newspaper from a
- 10:50single day in 1906 and marveling at all
- 10:54of the stories about children's rights
- 10:56and making the world better for children.
- 10:58Contained in these four very brief pages,
- 11:03these progressives were advancing an
- 11:05argument that the project of raising the next
- 11:08generation of Americans was a collective 1.
- 11:11Society bore the ultimate cost
- 11:13of childhood poverty, abuse,
- 11:16illiteracy and poor health,
- 11:18and society therefore had a right
- 11:21and responsibility to intervene
- 11:23to better the lives of youth.
- 11:25And these progressives made
- 11:27remarkable headway.
- 11:28By 1912, President William Taft have had
- 11:34been convinced to create a federal agency.
- 11:37The Children's Bureau,
- 11:38the first of its kind in the world,
- 11:40focused solely on improving the
- 11:43welfare of all young Americans.
- 11:45As the Bureau's first director explained,
- 11:47the core mission was, quote,
- 11:49to serve all children,
- 11:51to try to work out standards
- 11:53of care and protection,
- 11:55which I'll give to every child.
- 11:57Fair chance in this world.
- 12:00At this moment, this remarkable moment,
- 12:03true advancement seemed possible.
- 12:06Inevitable, even.
- 12:09But over the course of the century,
- 12:12the momentum was lost.
- 12:14What the these child savers had
- 12:17provided to us was a promising start,
- 12:20but it was a flawed one.
- 12:22Responding to the horrors of
- 12:24the Industrial Revolution,
- 12:26the institutions they created,
- 12:29we're focused on protecting kids from harm,
- 12:32not with respecting their
- 12:34autonomy and empowering them.
- 12:36And that drove reformers in the
- 12:381960s and 1970s to decide that the
- 12:41forebears work needed to be raised,
- 12:44not redeemed.
- 12:45And over time,
- 12:47Americans became increasingly convinced
- 12:49that the project of raising children,
- 12:52of supporting their proper development,
- 12:55was the sole responsibility of
- 12:58parents and not government.
- 13:02This was a broad cultural shift.
- 13:04But one that got critical support from
- 13:07elite institutions like the Supreme Court,
- 13:09which produced a series of opinions
- 13:12during this period articulating
- 13:14parents fundamental rights to control
- 13:17the upbringing of their children,
- 13:19to direct their destinies in
- 13:22matters of education, medical care,
- 13:25family relationships and everything else.
- 13:27So in 1924, we have, for example,
- 13:31Columbia University's president.
- 13:33Railing against newly introduced child
- 13:36labor legislation that he warned,
- 13:38quote,
- 13:38would empower Congress to invade
- 13:41the rights of parents and to
- 13:44shape family life to its liking.
- 13:46In 1925, in Pierce versus Society of Sisters,
- 13:50we have the Supreme Court striking
- 13:53down a mandatory public education
- 13:55law on the grounds that it quote.
- 13:57Unreasonably interferes with the
- 14:00liberty of parents and guardians to
- 14:03direct the upbringing and education
- 14:07of children under their control.
- 14:10It was this vision that won the day,
- 14:13and it helps, I think,
- 14:14explain how the United States is the
- 14:17only UN member state in the world
- 14:19not to ratify the UN Convention
- 14:22on the Rights of the Child,
- 14:24a truly groundbreaking treaty.
- 14:27Introduced in 1989,
- 14:28a lot of the resistance for the
- 14:31last 30 years in this country is
- 14:33because of fears of how protecting,
- 14:36investing in and empowering kids will
- 14:39somehow infringe on parents autonomy.
- 14:42That's front and center in
- 14:45the Texas GOP platform from
- 14:482016, which states quote.
- 14:50Local, state or federal laws,
- 14:53regulations or policies that limit parental
- 14:55rights in the rearing of both biological
- 14:58and adopted children shall not be enacted.
- 15:01Parents have the God-given right and
- 15:04responsibility to direct and guide
- 15:07their children's moral education.
- 15:09Now, some of you may recognize that
- 15:13photograph in the upper right hand corner.
- 15:14That's just from a couple months ago,
- 15:19March 24th.
- 15:20When the US House of Representatives
- 15:22passed the Parents Bill of Rights Act,
- 15:25designed to enhance the ability of parents
- 15:29to monitor what happens in schools.
- 15:32So what is all this mean for kids?
- 15:36Well, despite the miraculous strides
- 15:39we've made on so many fronts,
- 15:43mastering flight, creating computers,
- 15:46mapping the human genome.
- 15:48Harnessing nuclear power.
- 15:50Over the last 100 years,
- 15:52our efforts to improve the lives of
- 15:55children have slowed to a trudge.
- 15:58To be sure,
- 15:59today far fewer American kids die
- 16:02of malnutrition or lose fingers in
- 16:05factory accidents than in 1900.
- 16:08But on nearly every axis of child wellbeing,
- 16:12we have simply not made the
- 16:15expected progress.
- 16:16Our capacity to better kids lives
- 16:20would amaze the child savers,
- 16:22but we have failed to leverage
- 16:24this incredible wealth,
- 16:26knowledge and technology.
- 16:28In a country whose Fortune 500
- 16:32corporations generated $16.1
- 16:34trillion in revenue last year,
- 16:38one in six kids today grows up in poverty.
- 16:42In our largest cities,
- 16:44one in seven has experienced
- 16:47eviction by the age of 15,
- 16:49and on any given night,
- 16:50one in five people experiencing
- 16:52homelessness is a child in the
- 16:55country with the most billionaires,
- 16:58724.
- 16:58One in eight households experiences
- 17:01food insecurity each year,
- 17:04a number that skyrocketed to 1:00
- 17:06and 3:00 during the COVID pandemic
- 17:10100 years on. We have turned
- 17:13our back on Judge Lindsay,
- 17:15reverting to a justice system that
- 17:17regularly treats kids as adults when
- 17:20it comes to policing and punishment,
- 17:22but not when it comes to basic rights.
- 17:26It is 2023, and poor boys on city
- 17:30street corners are still being
- 17:32harassed by police officers since 2002.
- 17:35One in five pedestrians stopped by New
- 17:38York City police for 18 or younger.
- 17:50American children may no longer
- 17:53be rolling cigarettes in dimly
- 17:55lit New York City factories,
- 17:58but many still labor under appalling
- 18:02conditions for our convenience.
- 18:04You would think that the hard
- 18:07fought reforms that folks like
- 18:09Jane Addams pushed for 100 years
- 18:12ago we're now set in stone.
- 18:14But it is not so.
- 18:16Look at these headlines related to
- 18:18child labor labor in the United
- 18:20States from just this month.
- 18:22I didn't have to go back for there
- 18:24were there were dozens of them.
- 18:26Once in the vanguard,
- 18:27we have fallen behind other
- 18:29advanced nations on investing
- 18:31in and safeguarding children.
- 18:34At every stage of development.
- 18:36Children in the US are now more likely
- 18:38to drop out of high school than
- 18:41kids in other advanced democracies.
- 18:42An American kid today is 70.
- 18:46Percent more likely to die before
- 18:48adulthood than a child living
- 18:50in one of our peer nations.
- 18:52That wasn't true 50 years ago.
- 18:55In the 1960s,
- 18:56American children were safer
- 18:58than kids in other wealthy,
- 19:00developed countries.
- 19:01But while our peers worked hard
- 19:04to provide health insurance to
- 19:06all pregnant mothers and kids,
- 19:08our policies leave millions
- 19:10without coverage even today.
- 19:13More than 10% of children in Texas
- 19:15do not have health insurance.
- 19:17Car crashes and firearm injuries
- 19:20persist as the leading causes
- 19:22of child fatalities because we
- 19:25vigorously blocked gun and vehicle
- 19:28safety laws that are peers past
- 19:32years ago without controversy,
- 19:34Now in a minor revolution,
- 19:37I argue that this inattention and in action.
- 19:41Is not simply a moral problem.
- 19:44It's also an economic and social one.
- 19:47The root cause of nearly every
- 19:49major challenge we face,
- 19:51from crime to poor health to poverty,
- 19:54can be found in our mistreatment of children.
- 19:58And the positive implication of that
- 20:00is that the best way to create the
- 20:03society we all want to live in is to
- 20:07prioritize children's interests as a society.
- 20:11It's not a 0 sum game.
- 20:15As a society,
- 20:16you always bear the cost of
- 20:18addressing social problems,
- 20:20and the choice is simply whether
- 20:22to pay pennies on prevention and
- 20:25early intervention in childhood,
- 20:27or dollars on trying to address ills that
- 20:31have metastasized and hardened over decades.
- 20:34Childhood is the window of opportunity,
- 20:38as I write in the book.
- 20:40When we invest in the welfare of children,
- 20:43protecting them from harm,
- 20:45ensuring their needs,
- 20:46granting them standing and voice,
- 20:49the profits compound over their entire lives.
- 20:53They accrue to their kids,
- 20:55to strangers,
- 20:57to generations to come.
- 20:59Judge Lindsay was right.
- 21:02The most important thing
- 21:04is the child before us.
- 21:07And what he is owed is not the barest
- 21:10of essentials enough to survive,
- 21:12but what he needs to thrive.
- 21:17So in the book I identify 6 core
- 21:20children's rights tied to particular
- 21:22stages of development that they argue
- 21:25we must pursue for the benefit of
- 21:27both children and broader society.
- 21:29And I focus on rights because I think
- 21:33rights carry a particular weight
- 21:35in the United States of America.
- 21:38And I emphasize these six because I
- 21:41think they're particularly important,
- 21:43fully acknowledging that there are others
- 21:45that ought to be advanced as well.
- 21:48Now I'm happy to get into more detail
- 21:51about these six in the Q&A or informally
- 21:54this afternoon following my talk,
- 21:57but I'm just going to highlight one of
- 21:59them right now, the right to be heard.
- 22:02So why this one?
- 22:06Well, because in some ways I
- 22:09think empowering young people,
- 22:11giving them the right to vote,
- 22:12serve on juries, run for office,
- 22:14exercise real power at school and in
- 22:18our important social institutions
- 22:20may be the most important right
- 22:23in securing the other five.
- 22:26I believe a big part of why we
- 22:29have not made more progress on
- 22:31addressing climate change.
- 22:33Gun violence, crumbling schools,
- 22:36and childhood poverty is that
- 22:38kids themselves have no power.
- 22:41As Susan B Anthony explained, quote,
- 22:44the moment you deprive a person of his
- 22:46right to a voice in the government,
- 22:49you degrade him from the status of a
- 22:52citizen of the Republic to that of a subject.
- 22:55A person helpless,
- 22:57powerless,
- 22:58bound to obey laws made by superiors.
- 23:03There was a brutal honesty to
- 23:06octogenarian Senator Dianne
- 23:07Feinstein's explanation of why she
- 23:10wouldn't be listening to the young
- 23:12teen climate activists who'd come
- 23:14to meet with her in 2019.
- 23:17Well,
- 23:18you didn't vote for me.
- 23:22Now, when I talk to folks about extending
- 23:25the franchise to those under 18,
- 23:27the first response I usually get is that
- 23:31kids don't have the necessary capacity.
- 23:34But I think that is belied by the evidence
- 23:37we have from psychology and neuroscience,
- 23:39which suggests that when it comes to voting,
- 23:42relevant cognition,
- 23:43that sort of cold rational cognition,
- 23:46there doesn't appear to be a significant
- 23:49difference between the average 16
- 23:51year old and the average adult.
- 23:53And of course, and this is a big of course.
- 23:56We allow millions of adults who
- 23:59are well below average indeed,
- 24:01who are suffering from very severe
- 24:03deficits to vote, no questions asked.
- 24:07The fall back defense that I get is that
- 24:11even if it is true that kids shouldn't
- 24:14be disqualified based on incapacity,
- 24:16it is a fact that those under 18 don't
- 24:20have sufficient life experience.
- 24:23But that's not true either.
- 24:25Indeed,
- 24:25many young people have significant
- 24:28lived experience relevant to the
- 24:31most pressing issues of the day.
- 24:33They know what a lockdown drill feels like,
- 24:37they've experienced racism and sexism,
- 24:41they know how TikTok works,
- 24:45and they have skin in the game.
- 24:48A 15 year old is going to live with
- 24:50the consequences of the next election.
- 24:53On her reproductive choices,
- 24:54on her job prospects,
- 24:56on the habitability of the world
- 25:00in a way that her 89 year old
- 25:03great grandfather simply will not.
- 25:06So what is the major impediment we face
- 25:09in changing course on building on the
- 25:12legacy of the child savers and really
- 25:16pushing forward on children's rights?
- 25:19I'm convinced that it is not
- 25:21animosity to children some desire.
- 25:24Although we harm children in countless ways,
- 25:27it is not out of a desire to
- 25:29harm children that that happens.
- 25:32It happens, I think,
- 25:34because of a heedlessness,
- 25:39and I want to spend a bit of time
- 25:41considering how this indifference
- 25:43has manifested in the legal system,
- 25:45in particular the criminal justice system.
- 25:48And once again, let's start with a story.
- 25:54So when I talked to Adam and Ariel
- 25:57about the early years of their lives,
- 26:00Adam used the words Fondest memories.
- 26:03Twice there were horses and haylofts.
- 26:07There was a pond and an easy bake oven.
- 26:11They love their parents.
- 26:13But at six and three, Adam and Ariel.
- 26:17And their younger sister were uprooted,
- 26:19pulled up from that North Carolina
- 26:22family farm and tossed into an orphanage.
- 26:25Within Adam's words,
- 26:26a lot of really angry children cast
- 26:30offs shuffled from room to room.
- 26:34Their parents had been arrested
- 26:36for taking part in a conspiracy to
- 26:38distribute cocaine and marijuana.
- 26:41The prosecutor secured 4 life
- 26:44sentences for their father.
- 26:46And then?
- 26:47Appealed the 6 1/2 years he'd
- 26:49gotten for their mother,
- 26:51arguing that the trial judge had
- 26:53erred by taking into consideration
- 26:55that she had young children.
- 26:59According to him,
- 27:01she should have gotten 15 to 20 years.
- 27:043 judges on the 4th Circuit agreed.
- 27:07Adam and Ariel were relevant
- 27:11as the judges wrote quote.
- 27:13Because there is nothing extraordinary
- 27:14about the fact that the defendant
- 27:16had three minor children.
- 27:18A departure on that basis was improper.
- 27:23If that strikes you as monstrous, it is.
- 27:29But this blindness to children
- 27:31is the norm in criminal law.
- 27:33It's usual cruelty.
- 27:37We built our system of mass
- 27:39incarceration without much of A thought
- 27:41for how it might impact children,
- 27:43and today we operate a correctional system
- 27:46that excludes and erases them at every turn.
- 27:50Some 5,000,000 American kids have
- 27:52or have had a parent locked up.
- 27:56Sentencing guidelines may now be
- 27:58advisory rather than required,
- 28:01but judges continue to toe the line.
- 28:03With a downward departure on account
- 28:06of family ties granted in just 9% of
- 28:09federal cases, as we have set about
- 28:13assigning prisoners to prisons,
- 28:15making visitation rules,
- 28:16and entering phone and mail contracts,
- 28:20kids have not been at the negotiating
- 28:23table or even in the room. Sorry.
- 28:26Your mom is now housed in a
- 28:29facility hundreds of miles away.
- 28:31Sorry.
- 28:32We don't allow sitting on laps during visits.
- 28:36Sorry.
- 28:37Calls to your dad cost a dollar a minute,
- 28:41as Ariel explains.
- 28:43My mom was in Lexington, KY,
- 28:45and my dad was in Atlanta,
- 28:48and we saw them about once a year.
- 28:51She remembers when she turned 8
- 28:53and prison officials told her
- 28:55that she could now no longer
- 28:57hold her dad during the visit.
- 29:00Sorry.
- 29:03Our policing practices reflect this
- 29:06same heedlessness to children's
- 29:08welfare in America today.
- 29:10Police officers kicked down doors in
- 29:13the dead of night with guns drawn to
- 29:15drag away fathers as they're terrified.
- 29:18Children watch.
- 29:19They execute pit maneuvers,
- 29:22flipping minivans,
- 29:23carrying children when mom doesn't pull
- 29:26over quickly enough on the highway.
- 29:28They use the same restraint techniques
- 29:31on 100 pound autistic 14 year old who
- 29:35gets upset playing laser tag as they
- 29:37do on a 200 pound man with a knife.
- 29:40The invisibility of children across
- 29:43our legal system is a product of both
- 29:47careless apathy and indifference by design.
- 29:51Indeed, the general assumption
- 29:54is that to ensure accuracy.
- 29:57Fairness and objectivity.
- 29:58We should remove kids from the equation.
- 30:02The plea to think of the children
- 30:06is dismissed as a logical fallacy,
- 30:10a detour into sentiment tower.
- 30:15Don't get distracted by the dead
- 30:176 year old child and applying
- 30:19that second degree murder statue
- 30:21to the facts of the case.
- 30:23Ignore the pictures of those
- 30:25crying kids at the border.
- 30:27When setting immigration policy,
- 30:30postpone the debate over that gun
- 30:33control bill until memories of the
- 30:37latest school shooting have dimmed.
- 30:40Good law is made in the absence of children,
- 30:43we are told.
- 30:45I'm convinced that is wrong,
- 30:48and it's not only devastating to kids but
- 30:52also deeply destructive to our country.
- 30:55Children need to be prioritized when lawyers,
- 30:58judges,
- 30:58police officers and others
- 31:00approach their work.
- 31:05Now, given the overwhelming evidence on
- 31:08the importance of attachment between
- 31:10primary caregivers and young children,
- 31:13and the crushing lifelong toll
- 31:16of parental incarceration,
- 31:17the default should never be
- 31:19to lock up a fit guardian.
- 31:22We should look to other correctional tools,
- 31:24like monitoring,
- 31:25that do not take kids away from
- 31:28their parents and draw confidence
- 31:30in the data that shows that strong
- 31:34family connections reduce recidivism.
- 31:36As we work toward that ambitious goal,
- 31:40we can move more quickly on bail
- 31:42reform to keep most parents at
- 31:44home with their kids pretrial,
- 31:46and on making all phone calls between
- 31:49children and incarcerated parents.
- 31:51Free.
- 31:53The same mindset would lead us to
- 31:55eliminate common law enforcement methods,
- 31:58including high pressure interrogation
- 32:00procedures known to elicit false
- 32:02confessions from juveniles,
- 32:04no knock warrants that put children at
- 32:07unnecessary risk in their own homes,
- 32:09and tear gassing migrants and protesters,
- 32:12which can be particularly harmful to kids.
- 32:15In cases involving child victims,
- 32:18we would draw our focus toward them.
- 32:21Not away from them.
- 32:23And over time we would shift the
- 32:26emphasis of our justice system
- 32:28from responding to crime after
- 32:30the fact with police officers,
- 32:33prosecutors, investigators, trials,
- 32:35prisons, parole officers,
- 32:38to prevention keeping our community safe
- 32:41by bolstering investment in preschools,
- 32:44top quality healthcare,
- 32:46excellent public housing,
- 32:47mentoring and other social
- 32:49services for young people.
- 32:51But putting children first in
- 32:54legal decision making also
- 32:56entails A broader set of reforms.
- 33:01Imagine for a moment that the
- 33:05dominant approach to interpreting the
- 33:07Constitution was not originalism,
- 33:09asking what reasonable people
- 33:11living in the 18th century would
- 33:14have thought the text meant,
- 33:17but asking what the words ought to me.
- 33:20In light of the best interests of children,
- 33:24why is originalism any more
- 33:27legitimate than a child?
- 33:29First perspective when, say,
- 33:31deciding whether prohibiting gun
- 33:33ownership by someone subject to a
- 33:36domestic violence restraining order
- 33:38violates the Second Amendment,
- 33:45Mr. Rahimi was subject to such an order.
- 33:48Following an alleged assault,
- 33:50a court in Texas barred him from harassing,
- 33:53stalking or threatening his
- 33:56exgirlfriend and her child.
- 33:59Rahimi knew he was not allowed to
- 34:02possess firearms, but he had them anyway,
- 34:04and he used them five separate times
- 34:07between December 2020 and January 2021,
- 34:12as the United States Court of Appeals
- 34:14for the 5th Circuit recounted.
- 34:16On December 1,
- 34:17after selling narcotics to an individual,
- 34:20Rahimi fired multiple shots into
- 34:22that individual's residence.
- 34:24The following day,
- 34:25Rahimi was involved in a car accident.
- 34:27He exited his vehicle,
- 34:28shot at the other driver and fled the scene.
- 34:31He returned to the scene in a different
- 34:33vehicle and shot at the other driver's car.
- 34:36On December 22nd,
- 34:37Rahimi shot at a constables vehicle.
- 34:40On January 7th,
- 34:41Rahimi fired multiple shots in the
- 34:43air after his friend's credit card was
- 34:46declined at a Whataburger restaurant.
- 34:51Subsequently,
- 34:51police officers searched his home,
- 34:54found guns and charged him with illegal
- 34:57possession under this federal law.
- 35:00An open and shut case,
- 35:02I would tell my criminal law students.
- 35:05But in February 2023,
- 35:08the 5th Circuit decided that
- 35:11the law was unconstitutional.
- 35:16The three judge panel acknowledged that
- 35:19the firearm ban for people determined
- 35:23again after notice and hearing.
- 35:26To be a quote credible threat to
- 35:28the physical safety of an intimate
- 35:30partner or child reflected quote
- 35:33salutary policy goals meant to protect
- 35:37vulnerable people in our society.
- 35:40But the merits of the law, said the court,
- 35:44were completely irrelevant.
- 35:45What mattered,
- 35:46and all that mattered was that it was
- 35:50not a restriction quote our ancestors
- 35:52would have accepted the government.
- 35:54Had not been able to point to a quote
- 35:58relevantly similar historical regulation.
- 36:01In other words, kids whose abusive
- 36:04fathers are currently under court order.
- 36:07Your dad gets to keep his guns
- 36:10because back in the 18th century,
- 36:12men who threatened and abused
- 36:15their kids got to keep theirs.
- 36:18The response from my progressive
- 36:20pals in legal academia has
- 36:23largely been to dig deeper.
- 36:25Into the dusty tomes,
- 36:27let's out history of Let's find
- 36:31those hidden historical analogs.
- 36:34And the market for gun historians is booming,
- 36:38with lawyers needing experts to help
- 36:41them travel back to the earliest days
- 36:44of the Republic anytime a modern
- 36:46firearm restriction is challenged.
- 36:49But what's the point of trying to
- 36:51win a game with rules that are set?
- 36:55Up for children to lose.
- 36:58The rules of interpretation are the problem,
- 37:02and the rules can be changed.
- 37:05Does it really make more sense to
- 37:09construe the right of the people
- 37:11to keep and bear arms based on the
- 37:14understanding of folks who lived
- 37:16in a time of muskets and cartouche
- 37:18boxes than to read it in light?
- 37:21Of the experiences of children
- 37:23exposed to the threat of gun violence
- 37:25today and in the years to come,
- 37:29firearms are the number one cause of
- 37:32death of children in the United States,
- 37:35and the risk of fatality increases
- 37:38by 500% when a gun is present.
- 37:41In a domestic violence context,
- 37:44the notion of replacing originalism
- 37:47might have seemed laughable.
- 37:50Just a few years ago,
- 37:52for conservative judges it had become gospel,
- 37:56and even liberal stalwarts like
- 37:58Elena Kagan Benthan knee at her
- 38:012010 confirmation hearings,
- 38:03conceding quote We are all originalists now.
- 38:08But it was always a fraud,
- 38:10in the words of Harvard Law
- 38:12professor Adrian Vermeil,
- 38:14a quote useful rhetorical
- 38:17and political expedient.
- 38:19Invented in the 1970s and 80s to allow
- 38:22legal conservatives to make headway
- 38:25against a progressive legal culture,
- 38:27what has been charring for many
- 38:30lefty academics has been the speed
- 38:32at which those on the right,
- 38:34including Vermeal,
- 38:35have been willing to toss it
- 38:37out the window with the war for
- 38:40the Supreme Court seemingly won.
- 38:42As Ramil explained in a recent
- 38:44Atlantic article,
- 38:45quote,
- 38:45originalism has now outlived its
- 38:48utility and has become an obstacle
- 38:50to the development of a robust,
- 38:53substantively conservative approach to
- 38:55constitutional law and interpretation.
- 38:58That is enraged and, I would say,
- 39:01frightened many liberals.
- 39:04But this is actually a moment of
- 39:07great possibility and opportunity.
- 39:09In this disorienting shakeup,
- 39:11there is a genuine chance to chart
- 39:15a new course.
- 39:16So why prioritize children
- 39:18in construing our statutes,
- 39:21including the Constitution?
- 39:23Part of the answer is that the judicial
- 39:26branch was designed to protect those
- 39:29in the minority against the majority,
- 39:31with judges appointed to life
- 39:34terms keeping the popularly elected
- 39:37branches of government in check.
- 39:39And since children currently
- 39:41cannot vote nor hold office,
- 39:43the Court ought to have a special
- 39:46responsibility to act as their voice,
- 39:49to be a counterweight against
- 39:51oppression by those over 18 who
- 39:54enjoy complete dominion over the
- 39:57executive and legislative branches.
- 39:59But that's not what has happened.
- 40:02In recent decades,
- 40:03the Supreme Court has acted to
- 40:06restrict the rights of children.
- 40:08To privacy, free speech,
- 40:10racial equality,
- 40:12and bodily integrity,
- 40:13It is imperiled the ability of
- 40:16kids to be matched with loving
- 40:19L GB TQIA plus foster parents,
- 40:21and blocked environmental laws designed
- 40:24to protect their lives and futures.
- 40:27If you want to predict a pending
- 40:30Supreme Court decision today,
- 40:32a good rule of thumb is to step.
- 40:35Into the shoes of any children
- 40:37implicated in the case,
- 40:39consider what they'd want,
- 40:40and then go with the opposite outcome.
- 40:44Yet the most compelling reason to interpret
- 40:47the law, to privilege children's interest,
- 40:50is not simply to benefit kids, but again,
- 40:54because it is the best way to achieve
- 40:57the society we all want to live in.
- 41:00Prioritizing children's welfare is the least
- 41:04costly and most effective way to address the
- 41:08major social problems we face as a country.
- 41:11Focusing on children's welfare also helps
- 41:14to get judges and lawyers thinking about
- 41:17the longterm health of our country,
- 41:20a cataract in the eye of originalism which
- 41:24never cared a job about America's future.
- 41:27When you're focused on youth rights,
- 41:29it becomes essential to think
- 41:32about the decades ahead,
- 41:33to preserve resources,
- 41:36to see connections between generations.
- 41:39Finally, it's worth noting the kids
- 41:42are Canaries in our coal mines.
- 41:45The things that harm kids also
- 41:48tend to harm adults,
- 41:49but kids are more sensitive
- 41:51to the bad effects,
- 41:52so when we make them our primary focus.
- 41:55We intervene earlier and more completely
- 41:58with major health benefits for everyone.
- 42:02Now, if adopting a child First approach
- 42:04makes sense to apply on the back
- 42:06end to figure out what a law means,
- 42:09it makes even more sense to apply
- 42:12on the front end as we create
- 42:15statutes and regulations.
- 42:19What if before,
- 42:21federal agencies pursued new policies?
- 42:23They first had to consider
- 42:26the impact on children.
- 42:28That's already being done in
- 42:30countries like New Zealand, Austria,
- 42:32Belgium, Finland and Sweden.
- 42:34And one of the great benefits of these
- 42:38assessments is that they can allow,
- 42:40excuse me, lawmakers and regulators,
- 42:44to notice and prioritize children's
- 42:46interests in areas where the effect
- 42:50on children is large but hidden.
- 42:52Sometimes the driest,
- 42:54most adult sounding things preemption rules,
- 42:59zoning provisions,
- 43:00intellectual property guidelines
- 43:02can have visceral implications
- 43:05on our youngest citizens.
- 43:08In making this a reality,
- 43:10I believe we should strongly consider
- 43:12creating a new independent federal
- 43:15agency focused on the whole child.
- 43:18To stand alongside the Department
- 43:20of Transportation and Homeland
- 43:22Security and the Consumer
- 43:24Financial Protection Bureau,
- 43:25we need a single entity promoting
- 43:28children's interests and
- 43:30consolidating efforts currently
- 43:31spread thinly across the government.
- 43:34Now one possibility is to recast and
- 43:37vastly expand the Children's Bureau,
- 43:39that first federal agency focused on kids.
- 43:43It still exists.
- 43:44But it's now housed within Health
- 43:47and Human Services and constrained
- 43:49by a much narrower focus.
- 43:51Whatever the path to creation,
- 43:53I think such an agency could help with
- 43:56what might be the biggest idea here,
- 44:02redefining the guiding principle of law,
- 44:06the answer to what it is for as acting in
- 44:12the best interests of children that has.
- 44:15Profound implications for all of
- 44:18our structures of government.
- 44:21With such a mindset, federal and state
- 44:24budgets necessarily shift spending
- 44:26from the end of life to the beginning.
- 44:31With such a mindset,
- 44:33the tax code no longer defers to a
- 44:37conception of inheritance focused
- 44:40on preserving dynastic wealth.
- 44:43Instead, it advances A notion of
- 44:46inheritance focused on collective
- 44:48investment in all children.
- 44:50With such a mindset,
- 44:52the norms and rules of corporate law,
- 44:55what we tell officers and directors
- 44:59to maximize fundamentally changes.
- 45:01Shareholder primacy gives way
- 45:05to child primacy.
- 45:07In the end,
- 45:09this might all feel radical
- 45:11and perhaps even dangerous.
- 45:15But it is the status quo which
- 45:18merits our suspicion and fear.
- 45:21How can America be the only United
- 45:24Nations member state not to ratify the
- 45:27Convention on the Rights of the Child?
- 45:31How safe and prosperous a future
- 45:33are we making for ourselves when
- 45:36we tell children they have no
- 45:38standing to sue the government for
- 45:40its inaction on climate change?
- 45:42When we say there's nothing wrong with
- 45:44their public school principal hitting
- 45:46them with a paddle as discipline,
- 45:49when we ensure that half of US kids
- 45:52have a parent with a criminal record,
- 45:55are we the good people that we think we are?
- 46:01Ariel told me her saddest moment as a kid.
- 46:06It was quote when my mom
- 46:08recorded reading a story to us.
- 46:10Green Eggs and ham.
- 46:11And they mailed a video to us of
- 46:13her reading it in prison clothes,
- 46:15and we watched it over and over
- 46:17to hear her voice.
- 46:19At that time,
- 46:20I was so broken and felt so
- 46:22alone and just wanted my mom.
- 46:26We did that too, Ariel.
- 46:29Her mother broke the law, yes,
- 46:31but it was us who decided that
- 46:35the result should be the torture.
- 46:37Ariel to take her away from her mom.
- 46:40To lock her in an orphanage.
- 46:43It is us who are failing to
- 46:46live up to our core principles.
- 46:50In 1765, William Blackstone declared
- 46:54that it is better that 10 guilty persons
- 46:58escape than that one innocent suffer.
- 47:01The words appear in chapter one of
- 47:04the criminal law case book I use.
- 47:07They are bedrock.
- 47:08Upon which all the doctrine to come rests.
- 47:12Focus on the rights of the innocent.
- 47:15Build your system upon that.
- 47:19How is it that we do not see the
- 47:23innocent children suffering right
- 47:25in front of us because of us?
- 47:30Look back at Ariel's family. 2.
- 47:34Guilty people were punished and three.
- 47:39Innocent children suffered as a result.
- 47:43That is the math of dystopia.
- 47:47But it is not our destiny.
- 47:49We can remake our legal world to put
- 47:53children first for them and for us.
- 47:57And I want to leave you with a challenge.
- 48:01In this short talk,
- 48:02I focused on a few arenas where
- 48:04we might prioritize children,
- 48:06but there are many people in
- 48:07this audience who work in.
- 48:08Other fields who are
- 48:10focused on other concerns,
- 48:12who are grappling with other
- 48:15issues and your homework is to
- 48:18think about what you know best.
- 48:21What would your field or concern
- 48:23look like if it were rebuilt or
- 48:26reformulated to truly put children first?
- 48:29What does child prioritization
- 48:32mean for emergency medicine?
- 48:35What is a child first environmental movement?
- 48:38Look like,
- 48:40What would immigration policy entail if
- 48:44it privileged the rights of children?
- 48:47What is youth centered,
- 48:50feminism or racial justice?
- 48:53What does child primacy mean for art,
- 48:56curation, or architecture?
- 49:01I look forward to reading your essays,
- 49:04but for now.
- 49:06I'd love to answer any questions you have.
- 49:09Thank you so much for having me here today.
- 49:23Questions in the Cohen or online
- 49:31Susie.
- 49:37Thanks so much Adam for
- 49:38this amazing presentation.
- 49:39I love your, your title of being
- 49:41a crusading lawyer and I think
- 49:43that's the epitome of a compliment.
- 49:44So thank you so much for all of this.
- 49:47The additional story that I'd like you
- 49:49to tell you mentioned as we were walking
- 49:51in about the environmental story and
- 49:53the environmental burden as an insult
- 49:54and and that an asset to children.
- 49:58Yeah. So you know what's interesting?
- 49:59I focused on sort of telling the
- 50:03criminal justice story about our apathy,
- 50:06our indifference, our heedlessness.
- 50:08But I could tell a story about almost
- 50:11any area, and I'll tell you a very quick
- 50:13story because we didn't get to it before.
- 50:15So I live in downtown Philadelphia and.
- 50:18We bought an old house house built in 1860,
- 50:22and when we got the report, they said, oh,
- 50:24there's a lead service line in the basement.
- 50:26And being someone who knows and cares
- 50:29about these things, what did I do?
- 50:30Well, I called up the water
- 50:33department to have it tested.
- 50:34I talked to the man who came.
- 50:36We went down in the basement.
- 50:37He said good news,
- 50:39we treat our water so it's it's
- 50:41not like Flint, MI,
- 50:42it's all going to be good.
- 50:45And sure enough.
- 50:46A couple weeks later I received a letter.
- 50:49It said everything's fine,
- 50:51no detectable lead at all.
- 50:53And so my wife and I and our two year old
- 50:57daughter moved into the house and started
- 51:00using the water as we normally would be.
- 51:03Now my dad, couple weeks later
- 51:06sends me a message and says, hey,
- 51:08there's this nonprofit startup
- 51:09that's collection data and you know,
- 51:11you might want to help them out.
- 51:12It's a nice thing.
- 51:14And I said, OK,
- 51:15no sure they can come over and test it.
- 51:19Went off on vacation,
- 51:21got back the letter from doctor
- 51:24Mark Edwards down at Virginia Tech,
- 51:26who actually was one of the people
- 51:29involved in exposing some of some
- 51:31of the lead scandals recently.
- 51:34And the letter said,
- 51:37you have high lead levels in your water.
- 51:43I my first reaction literally was
- 51:44this was sent to the wrong address.
- 51:46They must,
- 51:47they must have put the wrong
- 51:49letter in the envelope.
- 51:51And then I started to actually compare
- 51:54things and being the person that I am
- 51:57both lawyer and a science oriented person,
- 51:59I said I would like to learn
- 52:01more about these techniques of
- 52:03testing water and how this works.
- 52:06And what I discovered was they'd use
- 52:09very different testing procedures.
- 52:12The people from Philadelphia Water,
- 52:13what they had done was to collect
- 52:17the water directly out of the brand
- 52:20new non lead tap for sample then
- 52:24turn on the tap for 10 minutes.
- 52:28Now they had asked me let the water
- 52:31be stagnant in the pipes but they
- 52:33didn't test any of the water actually
- 52:36sitting in the pipes in my house.
- 52:37They tested the water that was
- 52:40in the non lead.
- 52:41Main out on the street,
- 52:43that's what happens if you
- 52:44let it flush for 10 minutes.
- 52:46No surprise what head doctor Edward sample
- 52:48it tested the water that was actually
- 52:51in the lead service line and in those
- 52:54copper pipes with the lead solder joints.
- 52:56And what's fascinating is I didn't
- 52:58called off Philadelphia water and I
- 53:00said what happened here And they said,
- 53:01oh let's come back,
- 53:02we'll do a profile sample.
- 53:04And I said I don't know what that is
- 53:06but you clearly do what they did.
- 53:07They came back measured the pipes.
- 53:10And then they tested it at set
- 53:11intervals and what they found was,
- 53:13huh, look at that.
- 53:16If you test at actually I'll
- 53:18do it this way so you can see a
- 53:20little bit better if you test at
- 53:22moment zero non lead water pipe,
- 53:24no lead if you let it go for 10 minutes.
- 53:28But if you test it where the water
- 53:30actually is. And I thought why?
- 53:33Why?
- 53:34Why would you possibly test in
- 53:36this way Philadelphia water?
- 53:40You don't write test if your child has
- 53:44a fever by putting him in an ice bath
- 53:46and then having them drink right and
- 53:48eat a popsicle and then put in the the,
- 53:51the the thermometer.
- 53:52Why would they do it?
- 53:54Well because if a certain number of
- 53:58samples that they test comes back
- 54:02above a certain level their subject.
- 54:04To have to pay for remediation,
- 54:06to actually have to fix.
- 54:07So they don't want to know
- 54:09that there's a problem.
- 54:10And when I did a little bit more
- 54:12poking around, I said, well,
- 54:14I'm so interested because all of
- 54:15the stuff that they have sent
- 54:16me is all about how, you know,
- 54:17as long as we can get your
- 54:19lead level at under, you know,
- 54:21it's like 15 parts per billion,
- 54:2310 parts parts per billion.
- 54:24I guess that's the safe level of lead.
- 54:26What was fascinating is why is it set there?
- 54:29It's not set there because 10 parts.
- 54:32Per million is the safe level of lead.
- 54:34What's the safe level of lead?
- 54:36Zero. No lead is safe.
- 54:39Why is it set that high?
- 54:41Because lead exposure is so pervasive.
- 54:45If we set it,
- 54:46we're actually should be all these
- 54:49old cities like Philadelphia.
- 54:50We'd have to fix everything.
- 54:53And here's the amazing thing.
- 54:54Philadelphia is a progressive city.
- 54:57The people that I know from the
- 54:59water department are people.
- 55:01Who are nice people who you would say
- 55:03that person cares about children.
- 55:06It's not that they are setting
- 55:08out to harm children,
- 55:09it's that they are going through the motions.
- 55:13They are assuming while everything
- 55:15works just fine and I think in
- 55:18every industry we kind of do that.
- 55:20So in immigration contacts, right,
- 55:22we kind of assume, well okay,
- 55:24we'll just here's a little kid
- 55:25and then we'll ask them questions.
- 55:28It's like you're asking questions
- 55:29about what do you face.
- 55:30You know,
- 55:31a persecution your country and
- 55:32you're 2 years old.
- 55:33You're asking a 2 year old this question.
- 55:36But everything you know the
- 55:37we're following the protocol.
- 55:38We're just going through the motion.
- 55:40That's what I think we have to change.
- 55:41We have to.
- 55:42If you work for the water department,
- 55:43your goal should be to deliver safe water.
- 55:46You want to know how what is in
- 55:50people's water exactly as they use
- 55:51it when a little kid goes to the sink
- 55:54in the middle of the night and turns it on.
- 55:56That's the sample that you want to take,
- 56:00Jim.
- 56:06You so much, Adam. We're very grateful
- 56:08for your thought and your energy.
- 56:11Teach us what's happening
- 56:13in Pennsylvania and then Philadelphia
- 56:14with regard to some of the things
- 56:17that you've really focused on here in
- 56:19terms of how we can make a really big
- 56:21difference with regard to society,
- 56:23to the laws, to everything that
- 56:25we think is important in terms of
- 56:28moving forward with our society.
- 56:29And then of course,
- 56:31I'd be interested in hearing from
- 56:33our colleagues here in Connecticut.
- 56:35How things are moving forward as well,
- 56:37Yeah. So I think there are things that
- 56:41Philadelphia and Pennsylvania are doing well
- 56:44and lots of things we could be doing better.
- 56:46So one of the things about Philadelphia with
- 56:49respect to let is we actually are better
- 56:53than the number of other urban environments.
- 56:56One things that Philadelphia actually
- 56:58was kind of a leader on was,
- 57:00you know, lead paint.
- 57:02Related remediation, their rules about
- 57:04actually testing and disclosures,
- 57:07I think we need to do way more,
- 57:10but at least I think Philadelphia
- 57:12on that exposure has done more.
- 57:16I think 1 area they need to do in
- 57:18addition to water that they need to
- 57:20do more on is actually construction.
- 57:23There are a lot of you know.
- 57:25Gentrification is booming.
- 57:27A lot of areas,
- 57:29particularly in the Northeast were
- 57:31had a lot of injured industry for
- 57:34decades and decades lead smelting,
- 57:36things like that.
- 57:37When buildings are knocked down,
- 57:39a lot of that air,
- 57:40air it actually gets into the air and
- 57:43I think that's a real danger where we
- 57:45need to do more now in criminal justice.
- 57:47You know we have a progressive prosecutor
- 57:51in Philadelphia and I think one of the
- 57:53things that he has really emphasized.
- 57:54Is trying to avoid getting kids into
- 57:59the socalled school to prison pipeline
- 58:03and I think those efforts to avoid which
- 58:07which particularly impact children of.
- 58:10Color.
- 58:10There's a lot of data on how the same
- 58:13acting out behavior that, you know,
- 58:15tweens and early teens engage in.
- 58:18If you're a white little boy,
- 58:20it's, you know, messing around,
- 58:21your parents get called.
- 58:22If you're a black child,
- 58:24the police are called and that
- 58:26initial interaction can just
- 58:28set you completely off course.
- 58:30I think certainly the DA.
- 58:35Understands that and has been
- 58:39trying to launch programs to
- 58:41avoid sweeping young people up.
- 58:44An area of failure though
- 58:45is gun violence right.
- 58:47So we have not been able to
- 58:49solve that and I we just had a
- 58:54mayor primary for the
- 58:58Democratic candidate and.
- 59:00I hope that the candidate who
- 59:02won will go beyond kind of the
- 59:05rhetoric from the campaign.
- 59:06She was very focused on just
- 59:08hiring more police officers.
- 59:10I personally don't think that's going to.
- 59:13Do the take the steps necessary to protect
- 59:19young people from gun violence in the city.
- 59:22But I think the area where
- 59:24I actually am am excited.
- 59:25I just talked to a journalist in
- 59:28Philadelphia about a lot of efforts
- 59:30to actually make the physical space.
- 59:33Of the city more conducive to children.
- 59:36And that means more green space
- 59:39that has effects in countless ways,
- 59:42including simply, you know,
- 59:44just lowering the temperature of
- 59:47certain neighborhoods that are leafier.
- 59:49But I think it also comes to
- 59:52putting in more public parks,
- 59:54better bike lanes.
- 59:55All of those things can make a difference.