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A Minor Revolution: How Prioritizing Kids Benefits Us All

May 25, 2023

YSCC Grand Rounds May 23, 2023

Adam Benforado, JD, Professor of Law, Drexel University

ID
9961

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.