Not Paying Taxes in NY & Law Schools Go Woke

Sunday, June 12th, 2022

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What Happens Next is a podcast where an expert is given just SIX minutes to present his argument. This is followed by a Q&A period for deeper engagement.

Today’s topics are not paying taxes in New York and law schools go woke.

Our Speakers are Chris Doyle and John McGinnis.

Transcript

Larry Bernstein:

Welcome to What Happens Next. My name is Larry Bernstein.

What Happens Next is a podcast where the speaker gets to present his argument in just Six Minutes and that is followed by a question-and-answer period for deeper engagement.

Today’s discussion will be on Moving out of NY & Law Schools Go Woke.

Our first speaker is Chris Doyle who is a tax partner with Hodgson Russ who represents wealthy individuals who move to places like the Hamptons or Miami to avoid paying New York City income taxes. The tax authorities will be coming gun blazing to get their money. Chris Doyle will explain the issues and how to plan your life if you want to get out of high tax jurisdictions.

Our second speaker is Professor John McGinnis from Northwestern Law School. Alexander Hamilton expected lawyers to be the first line of defense to defend our constitution, but Hamilton hadn’t contemplated the next generation of lawyers educated by today’s progressive law professors. John will discuss the implications of introducing woke ideas to all areas of legal education and what that means for students and society.

Buckle up.

If you missed last week’s session with Paul Kennedy, check it out. It is the first in a four-part series on the history of WW2. Paul is one of our greatest living historians and he will discuss the battle in the Pacific during WW2 beginning with the surprise attack on Pearl Harbor and ending with the US Navy’s victory at Midway.

Every month since the outset of COVID, I have commented on the most important economic statistics of the month. Inflation is the key indicator now. On Friday June 10th, the BLS released May’s monthly CPI data.

Inflation is unbelievably high and the rate of change is increasing. Here is the breakdown. In the month of May prices increased by 1% which is 12% annualized. That is up from 0.3% last month. Over the past year, prices have risen by 8.6% which is the largest increase since December 1981 which was during the first year of the Reagan Administration. If you were alive then, you will recall that Paul Volker had to increase interest rates to double digits to tame inflation.

The breadth of the increase in prices across the economy is staggering and dispels the argument that it is related to supply chain disruptions or could be transitory.

Food price inflation for the past 12 months is breathtaking 10%, new cars 13%, energy 34%.

Services inflation is increasing at the rapid annualized rate of 5.2% and signifies labor shortages that is independent of goods supply problems.

Mervyn King, the former head of the Bank of England, said recently that the world’s central banks erred by printing too much money during COVID. He said quote “If you simply print lots of money at a time when you are producing less, you’ve got a classic case of too much money chasing too few goods and the result of that is inflation. It was a mistaken diagnosis. They should not have been printing the extra money, what governments were doing was enough to deal with the consequences of Covid.”

I personally suspect that policymakers wasted a very valuable public good which was a belief in long-term stable inflationary expectations.

All right, let’s begin today’s session.

                                                              
 
 
 
 

Chris Doyle

Topic: Moving out of NYC (to the Hamptons or Miami!)
Bio: Tax Partner at Hodgson Russ

Chris Doyle Transcript:

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John McGinnis

Topic: Progressives Makeover the Legal Academy
Bio: George C. Dix Professor in Constitutional Law at Northwestern’s Pritzker School of Law
Reading: Lawyers for Radical Change is here

Opening Remarks

I’m going to talk about the change in the ideology of lawyers and how that has affected the nation and legal education. At the beginning of our republic, lawyers were an extremely important class. De Tocqueville, the greatest observer of American society, thought that lawyers filled the function of nobles and princes in society. They were talented, a meritocratic class. They were going to be conservers of the Constitution. That’s the reason that judicial review was given to the Supreme Court.

Alexander Hamilton, the most famous defender of judicial review, the idea that the court can strike down statutes inconsistent with the Constitution. And his argument was that it would be staffed by lawyers, a few who would be extremely knowledgeable, and would be bound down by rules and precedent and not their own preferences.

For many years, there were restraints on democratic excess up through the New Deal. They also were very much against court packing.

But then, as society changed, lawyers changed. As we had a much larger regulatory state, lawyers changed their interests. They no longer got their income from private law. They got transfer payments for more regulations. Moreover, as the court permitted the declaration of new kinds of rights, lawyers saw another opportunity to be tribunes of the people, the opposite, of what they were thought in Tocqueville’s time.

The American Bar Association, the ABA, the guild of lawyers, showed its changing views. They opposed Robert Bork. They said he was unqualified to be on the Supreme Court, this professor at Yale Law School, Solicitor General of the United States, who wrote the most important book on anti-trust law. They endorsed Roe v. Wade, and that was a decision which, a famous supporter of abortion rights, John Hart Ely, said was not Constitutional law, and it showed no sense of an obligation to be so.

Today, ABA resolutions look like a wish list of the Democratic Party, the minimum wage, making sure that biologically male athletes who identify as women can compete in women’s sports. Things you might not think lawyers have much expertise in but certainly signal their ideological position.

For a long time, the ABA has had an important part in accrediting law schools. And for the early years, lawyers acted like an economic guild. What they were most interested was making sure they were paid well, so they raised the costs of legal education, so a classic barrier to entry.

The Justice Department prevented this through anti-trust laws. What the ABA has done now is shift its power. No longer can it interfere economically with law schools, so it does so ideologically. Already, law schools, lean to the left. The ABA now requires diversity to hire people of minority races and women.
There’s pressure from the ABA to become more left wing than law schools would otherwise be. They also recently required that every law school has to have lectures on race. You have to have, quote, “cross-cultural competency,” required lectures at law school.

And here’s what a group of senior Yale Law professors said about it. They observed that the new proposed requirements will institutionalize dogma. It’ll mandate instructions in matters that are unrelated to any legal skill. One can certainly imagine their effect on legal education. Because legal education are the gatekeepers of lawyers, the class that Tocqueville thought was so important to conserving the republic. And now this gatekeeping function is likely going to shape lawyers to be contrary to the conserving force that Tocqueville imagined.

John McGinnis Transcript:

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