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tv   Book Discussion on Fair Labor Lawyer  CSPAN  August 30, 2016 10:01pm-10:41pm EDT

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and they were a columnist showing that. they were not in the new york times. it took a while for these -- if they were not participating in the release, anyway. who knows. but it is still in the post so that would be dumb to say today in beijing nothing happened. but in beijing news is increasingly sensitive on domestic newspapers. people have been quitting and saying publically they want to quit. weather is sensitive because you know it might be high pollution count today. i guess we will just have sports. that can be a thing. or the panda at the zoo. i think you are right. i think it is a very low end and increasingly i have been speaking with last night what is
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a detearatiriorating climate. in certain aspects recently we see people wanting to leave. this is an issue for china. can it become an independent nation if the talent is leaving? in new york, we are seeing more and more chinese sending their kids overseas. they are frustrated just like jack. not that you have to be a genius in math but they want to study liberal arts. it is like a boiling pot that the government is hammering down the lid. the internet can be a release and social media allows people to vent and also maybe thread in
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serb sir circuses and gives them things to buy. it is a canary in the coal mine. any comments? yes, you do. sorry. >> hi, i should say we were in high school together. yes, it is me. >> my french me. >> basically alibaba is a marketplace. you are saying they are selling like crappy plastic bins originally and the chinese are trying to build this consumer based model.
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do you see the emergence of like major brands emerging in china? there is already higher which makes things like -- whatever the problems they have. do you think the emergence of global brands or at least powerful brands are they powerful brands within china? do you think that is a model that could be expanding and could play a part in this expansion of the consumer-based society? >> yeah, it is happening. you mentioned names. hire. some of these have more link do is the state and others are more private sector. there is an element of desire to shift. if you look on the back of your phone, made in china, designed in california. china wants to get along with that. they want to design in china.
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quality is a major leading smartphone manufacturing. more chinese companies will have to come out. if they are just selling within china and there are established brands in china. a lot of chinese brands have to go oversea to find talent and market. the idea of the internet may create a new base to develop. that is the case with marketing and fan clubs and things to take on the nokia and apples even though they are lower priced phones. chinese are frustrated, you know, name a chinese car. volkswagon. but -- they have keeping the volvo name. i know they can't really create a good brand and sell ye.
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the logo is italian but they did buy the idea. so it is not like the japanese wave in the '80s where they just buy stuff and hope it works out. they are more strategic. but crazy things are happening. two weeks ago the owner of the historia hotel was bought. there is also the sense among chinese entrepreneurs that they need to keep talent and brands. club med is the largest insurance company in portugal and the chairman went missing for a couple days and we don't know why still. so it is interesting. if china, like this is everything i heard about. the relationship between the government and private sector and companies. if china takes relations with the rest of the world, southeast
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asia, are not great. how does that help alibaba? the chinese government is having friction with the areas because of the maritime issues but alibaba isn't. chapter 13 is the most interesting chapter in the book. i think that is a queue to wrap it up. i am happy to have you hear. including friend i haven't seen for many years and happy to sign and stay in touch. find we on wee chat. [applause] >> this weekend, c-span activ's
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tour and comcast partners will explore the life and history of denver, colorado. we visit the tattered bookstore and considered the literary culture cornerstone of denver. >> you will see the green carpets and the brass fixtures and dark wood. the original barnes and nobles stores were modeled after this. >> and thompson talks about living with his father in his book "stories i tell myself". >> he was born in 1936 so when he was growing up he didn't grow up in an era when fathers were, you know, typically heavily involved with raising the kids. that was part of it. and second, writing was always -- that was the most important thick. family was secondary for sure. >> also this weekend as part of
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our c-span city tour, history of denver, colorado on american history tv. the national fish and wildlife ranger on the nuclear site transition into a national refuge. >> we have elks that use this area. they use the drainage. we have mill deer so there may be mill deer farms. coyotes. occasionally there is a bear in this area. >> and kimberly field, the author of the denver meant, hundred years of gangsta's gold and ghost. >> senver was rich by the 1880s from mining and it wanted to be the queen city of the plains, the center of commerce and the plead leader of the western
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state. and they decided a mint they could be proud of was going to be part of that process. >> the c-span city tour of denver, colorado is saturday at noon eastern and sunday at 2:00 on c-span3. >> with the house and senate returning from summer break next week, on thursday at 8 p.m., we will preview four key issues facing congress this fall. federal funding to combat the zika virus. >> women in america want to make sure they have the ability to not get pregnant because the mosquitos ravage pregnant women. >> but today they turned down the very money they argued for last may and decided to gamble with the lives of children like this. >> the annual defense program
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and policy bill. >> all of these reports are vitami vitalal to the to the -- vital to it future of the nation and at a time of turmoil and the greatest number of refuges since the end offend world war ii. >> gun violence and criminal justice reform. >> every member of this body, every republican and democrat, wants to see less gun violence. >> we must continue to work the work of non-violence and demand an end to senseless killing everywhere. >> and resolution for congress to impeach irs commissioner john coscunen. >> house resolution, impeaching the commissioner of the internal revenue service. >> and talk to the senior correspondent for the washington
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journal. join us thursday night for congress this mall. >> now, "fair labor lawyer: the remarkable life of new deal attorney and supreme court advocate bessie margolin" who was one of only three women to argue before the supreme court in her time. his is from the roosevelt library in hyde park, new york. >> good afternoon, i am a member of the archive staff at the franklin roosevelt library and museum. i would like to welcome you to the 2016 roosevelt reading festival. franklin roosevelt planned for the library and the research room is one of the busiest of all presidential libraries and this year's group of argues reflects the wide variety of
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research down here. if you love this festival and want to support or things we do here i encourage you to become a member of the library. you can learn more about membership and events at at the top of each hour, a session begins with a 30 minute author talk and then 10 minute question and answer period. then the author moves to a table where you can purchase books and have the author sign them. at the top of the next hour the process repeats itself. if you have a mike, use the mike on the left side of the room and the author will call on you. it is my pleasure to introduce margolin who is writing the
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history of the jewish homes. both books draw on personal experiences. orphaned at the age of 7 she was a member of the home. the two women spent time together while she attended college and george washington university law school and started her legal career. a formal special assistance to the attorney general she enforced laws regarding tobacco, alcohol and internet safety and twice earned exceptional service awards. she has received funding from the national endowment of humanities, american jewish archives and a literary award from the supreme court historical society. please join me in welcoming our guest.
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>> thank you. it is an honor to be here. it wasn't even a twinkle in my eye when researching here that i would be back to talk about the book. bessie margolin made her mark on the biggest issues of the day serving on the team that defended the constitutionality of the authority and drafted rules for the war crime trials and championed the fair labor standards act ultimately including the equal pay act and was a founder of the national organization for women known as n.o.w. margolin presented 24 arguments at the supreme court one of only three women in the 21st century to do so and prevailed in 21 of
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them. she was the last labor department lawyer to receive that distinction. she began her legal career in 1930 when only 2% of america's lawyers were women. she served under the six presidents from roosevelt to nixon and nine labor secretary starting with francis perkins. by 1963, she was promoted to associate solicitor. the labor department's top legal position. before there was a notorious rbg there was an audacious bessie margolin. after retiring in 1972 however, margolin faded from the public record. it is not hard to understand why
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she deserves to be rescued from obscurity but i would like to explain how i came to the task. in the fall of 1974 i was a freshman at goucher college in baltimore. far from my home in new orleans. my high school guidance counselor written margolin, a distingui distinguished alumni from 1925, the letter of introduction shown here. through college, law school, and into my legal career i got to know bessie margolin. she was the first female lawyer i ever met and we were connected by common childhood experiences. bessie and i were wards of the same southern jewish children's welfare agency that educated at its newman's school a half sefrn century apart.
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it was a time when women attorneys were discouraged, if not prevented, from pursuing opportunities available to men while protecting the rights of millions of american workers she also advanced the careers of countless government lawyers and employees, many who sought out her prestigious and demanding ways. the chief judge of maryland's court of appeals and the federal fourth circuit and former solic general offered two suggestions for lawyers seeking appellate practice. they should work in the office of solicitor general or the office of bessie margolin. i would like to share the story and along the way i will offer just a few examples of the wonderful resources here at the
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fdr library that enabled me to understand bessie margolin's journey. these were resources that preserved the needles in the hay stack of more individuals. bessie was born in 1909 in brooklyn, new york. the first american-born daughter of russian immigrants. from there to escape new york's tough and crowded conditions, bessie's family made their wie to memphis, tennessee. a year after their third children was born, bessie's mother died. the plight attracted the attention of a rabbi who petitioned a home in new orleans to accept them as half orphans. at age four, she was admitted to
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the home along with her siblings. the home sat on saint charles avenue near the mansions of new orleans's most prosperous citizens. it was a stunning contrast to the humble origins of the residents and an inspiring symbol of what many of them could, and many did, achieve. in the home, bessie grow up with more than 150 other orphans and half orphans from throughout the deep south. its truste e groomed her as an all-american girl who shed honor on the local jewish community and reflected the value of her prosperous benefactors. in addition to a religious education that preached and
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modeled social justice, the home provided bessie a robust education at the newman manual training school where the cutting-edge curriculum emphasized manual skills like home economics and wood working as well as rigorous academics. the home built this unique school to educate its ward but admitted new orleans children of all religions whose parents paid tuition. newman quickly became what it remains today. one of the south's finest college prep schools. bessie excelled in every subject and graduated in 1925 as a 16-year-old leader who was comfortable in a co-ed setting competing, succeeding and winning respect. besides leading the debate club and the girl's student council bessie was valedictorian and won the scholarship to attend tulane
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university's coordinate college for women. she spent two years there ranking among the top ten in her class. but the audacious bessie wanted more. bessie decided to attend law school. something no other girl from the orphanage had ever done. as tulane law school only woman at the time, bessie felt isolated and self conscious. but she and her male classmates adjusted her. when she was assigned a case about a bathroom everyone was embarrae embarra embarrassed to use the word toilet in front of a woman. in june, 1930, at age 21 bessie completed her liberal arts and
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law studies with honors in only five years and graduated second in her law school class and was an editor of the law review. tulane's law school urged yale law school theme charles clark to hire bessie or award her a fellowship for graduate studies. they found bessie worthy of a job but refused to accept the fellowship because didn't want to encourage the teaching law that didn't exist for a woman. he assured bessie was a level headed girl who knew some things in this world must be taken as they are end quote. or so he thought. bessie accepted a research position with yale law professor ernest lon.
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an expert in comparative law. she impressed him and a wildly poplar young faculty member, william o'douglas, the future supreme court justice. with their help, bessie overcame dean clarks' early opposition and became the first woman awarded yale's sterling fellowship for graduate studies. with her yale doctorate, bessie moved and applied for a job at the tennessee valley authority which congress just created to realize the vision of supplying electricity to the most poverty stricken area. the professor wrote what apparently convinced them to hire their first female lawyer.
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bessie was intent on a career and wouldn't be strayed by consideration of manager. she began her career with a pledge she would be married to her job instead of a man. fearing the competition, public utilities through situations that turned into lawsuits. tba hired james lawrence fly, a harvard graduate and experienced lawyer. he made bessie a key member of the brilliant legal team. two landmark supreme court cases that established the legality of the power play program and later the tennessee electric power company overshadows tba's legal
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work in the early years. bessie researched, prepared witnesses and materially shaped the briefs in both cases. she got courtroom experience and negotiated contracts despite fear of a woman lawyer. bessie won the respect of her colleagues including herbert s marks, pictured in the top left of the group photo, who would go on to serve as general counsel to the atomic energy commission and whose papers i researched here at the library. how did bessie feel about her chosen profession? in 1938 she shared thoughts, law is too greatly restricted to women with considerable prejudice against them. she offered this no non-sense
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advice. a woman attorney must be accepted and treated as another man and must be willing to take responsibility, criticism and hard work in the same spirit as the men attorneys. she must aim to become one of the men but becoming masculine or overly aggressive in her approach. bessie practiced what she preached throughout her career. in march 1939, bessie joined the labor department where another new deal program awaited enforce. the fair labor standard act of 1938 invoked federal commerce powers to prohibit child labor and guarantee minimum wage and overtime. bessie's first week she went to new orleans and won the motion for a subpoena.
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she returned to new orleans several more times over the years including a lawsuit that challenged the minimum wage for text tile workers. one full-length photo captured her. why wasn't she married? reporter reported this coy response: i haven't had time to love. i am not immune. i am just uncontaminated. sor far she added. revealing the passion for word
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smith and second she was neither defensive or self conscious about being single and third it was just wasn't true. i will digress to discuss a topic i can asked about and that is bessie's personal life. it illustrates the challenges she faced as an ambitious professional woman of her time. during law school, bessie was engaged to her classmate, the dashing bob butler. she broke it off in late 1933 surprising no one who knew her except perhaps poor bob. little did bob realize his dream of marrying bessie was doomed from the start. ...
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>> >> for running one of the best what departments nor did any colleagues ever claimed that he favored with assignments or promotions she did not merit. the romance however had other consequences who was
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appointed chair of of fcc in 1943 a georgia congressman and commandeered a congressional committee to investigate the fcc accusing them of gestapo tactics to control the media and other american activities they scrutinized the travel vouchers to uncover so called trips paid to it together like government expense and interrogated the housekeeper and landlord and neighbors and co-workers but before cox ever questioned publicly about the affair but congressman and rayburn and johnson interceded he reportedly told cox'' mack there will be no sex in this investigation there is too
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damn many of us several verbal. [laughter] although cox applies his romance kept resurfacing and in 1947 for membership in the national lawyers guild raised a red flag for the government loyalty toward the refer the matter to the fbi although they uncovered no evidence of disloyalty fbi agents learned bessie was his mistress that they recorded in her file when her loyalty was again questioned in the '50s the charges were again dismissed only after the fbi revisited the file and her zero listen love affair the affair resurfaced one more time in the '60s when president johnson was considered for federal judgeship responding to the name check request
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the fbi sent a memo summarizing the prior investigation including perlis a love affair from two decades earlier. there are least three lessons she should have learned don't get involved . discreet and don't get involved with a married man she listened to the first to when she fell in love with bob of well-respected general counsel to the interstate commerce commission. he was not heard direct report although a professional colleague who argued a dozen more times at the supreme court banshee did she was very discreet friends and family were stunned when she announced
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in 1981 after his wife died that they planned to marry and only because they were both in their 70's and everybody figured she would never marry a mostly because new one knew anything about the relationship which started two decades earlier. sadly bob died 1984 before they realized the plans for marriage. the trauma never impeded her work in the early years she paid her dues traveling and reviewing time sheets and traveling back roads to organize the labor department's offices to train the regional attorney. and began arguing and winning and started working for the solicitor general's office for high-quality work
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, earn her reputation the solicitor general the future federal appellate judge whose papers are preserved at the library was delighted with the supreme court brief she wrote for the successful supreme court argument. when he learned she had already argued in every circuit she promised she could argue the next bear labels are -- they're labor standards act to him argue seeking to ensure the of the warehouse employees. after what must have been a lively argument here marked the occasion with a
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thoughtful note the first of several over the years i hope you're satisfied the way you argue your first case you have every reason i'm sure there is no dissent from the opinion that you should argue here often she won the case that the exemptions must be narrowly construed and in 1945 she argued for more times with the supreme court and to prevail and three of them. these and arrest of the cases and bans the humanitarian purposes by extending coverage and restricting exemptions for the full extent congress intended.
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presenting her fourth and fifth supreme court argument the justice was not on the bench u.s. the chief prosecutor for not see war crimes appointed by president truman to weeks after fdr death. in to go to nuremberg to help organize the american military. to draft the rules of the remainder of the war crimes trials with the industrialist or the doctors. may, december 1946 issue reason do her work as a citizen solicitor and
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epitomized the postwar ideal of the glamorous career girl succeeding in a man's world. depicted in the january 1948 issue of glamour it did not interfere with a great debt the time she retired in 1972 she had directed the preparation and review of approximately 600 supreme court and appellate court with an additional 150 petitions for review. most impressively to personally argue 177 cases of the supreme court and the circuit court of those 150 circuit court cases she had favorable rulings than 114
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at of 150 only one the supreme court later reversed and that was argued by someone other than her. the later reversed a seven in the of favor and that she argued. was to respect those meticulous preparation of the fair labor standards act. but in this 1955 audio clip you will hear her where the battery plant workers for the of the wages to although
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you cannot hear what they say you were here the annoyance with congress and what they considered to be an undue burden of the act. >> >> but they would have 500 people with that language. [laughter]


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