The Price of Freedom: A Good Attorney

A common observation on the Right is that the process is the punishment.  Leftists understand this premise well:  the power of an accusation and an attending lawsuit is that, even if the allegation is ultimately untrue, their opponent has endured costly legal battles.  That battle can cost them even more, including their livelihoods and their families.

Few people are able or willing to pay the costs, both financial and psychological (and, increasingly, physical) of Leftist attacks.  Those that do can look forward to years of grueling court appearances and legal fees, as the Masterpiece Cakeshop case demonstrated.

Conservatives know that story well:  the Christian owner of the Colorado bakery refused to bake a cake for a same-sex wedding, and the Colorado Civil Rights Commission trampled all over his religious convictions.  Rather than knuckle under to the social justice tyrants, the owner won a case in the Supreme Court after years of litigation… only to return home and have a man request a cake for a “gender transition” party.  The CCRC pounced on Masterpiece Cakeshop again.

The Left, in this regard, is relentless, as we saw last week with the Carlos Maza incident.  There is no pretext of fair play beyond the flimsiest, airiest of rhetoric—and, increasingly, the Left doesn’t bother with that.

Case in point:  a small, family-run bakery, Gibson’s Bakery, in Oberlin, Ohio, won a three-year suit for $11 million in damages against ultra-progressive Oberlin College.  The bakery was robbed the day after the 2016 election by three young black men, students at Oberlin.  The owner reported it to the police, and the three men were arrested.

But, because the burglars were black and the owners white—and, as the Breitbart piece reporting on the case implies, the progressives of Oberlin wanted to vent their tear-soaked anger at Donald Trump’s presidential victory on some unsuspecting white folks—the arrests soon became about race.

Not only did students protest—their professors and administration gave them time out of class to do so (and snacks)!  A college vice president, Meredith Raimondo, distributed flyers denouncing the bakery as racist, and which recommended other bakeries in the area.  The college also severed its business relationship with the bakery.

Like a medieval pope demanding criminal bishops be tried in ecclesiastical courts instead of civil ones, Oberlin further demanded that “first-time” offenders who are students at the college be turned over to the school for punishment.  Ignoring the glaring problem of how a shopkeeper is supposed to intuit if thugs in his store are first-time or repeat-offenders, that move to skirt the law through extralegal college tribunals smacks of the campus “rape” scare and its kangaroo courts—young men found guilty on flimsy charges of “retroactive rape” and the like.  Of course, in this situation, we all know that the college “courts” would sweep the criminal indiscretions of its students under the rug.

The result:  Gibson’s Bakery laid off most of its employees and nearly went out of business.

Justice was served in this instance with the much-deserved settlement (which has the potential to triple in value, pending a further hearing), but to quote commenter “mercury” on the Breitbart piece:

Unfortunately, there are probably 1,000,000 other cases that didn’t end so well for urban grocery stores, gas stations, convenience markets, clothes stores, and so on. This is where the perps got away with the theft, harassed or stole from customers, or shot the owners for resisting the theft.

Consider, too, the thousands of establishments that sucked it up and took one on the chin to stay in business.  Freedom, sadly, isn’t free.  Gibson’s Bakery defeated the Goliath of Oberlin College, but many Davids wither before progressive dominance.

Reblog: New White Shoe Review for You

My good friend and fellow blogger Frederick Ingram of Corporate History International has written an intriguing review of what appears to be a quite intriguing book: historian John Oller’s White Shoe: How a New Bread of Wall Street Lawyers Changed Big Business and the American Century. Based on Ingram’s review alone, the book is a fascinating dive into the heady politics of early twentieth-century America, the transition from the relative laissez-faire capitalism of the so-called “Gilded Age” into the economic, political, and social reforms of the Progressive Era.

The Progressive Movement fundamentally transformed the United States, in many ways (constitutionally) for the worse. But it was an attempt to rectify some of the excesses of the Gilded Age, and to ensure that workers were not merely cogs in faceless corporate machines. In reading Ingram’s review, I heard echoes of Tucker Carlson’s recent on-air musings, particularly the idea that efficiency is not a god to be worshipped blindly, and that capitalism is great, but it should work for us, not the other way around.

The more things change, the more they stay the same: Carlson’s diagnosis of America’s current ills echoes attorney (and future Supreme Court justice) Louis Brandeis’s “curse of bigness,” the argument against efficiency-for-its-own-sake. I was struck, while reading Ingram’s review, how much our own age mirrors the period that, in many ways, begat our current crises: the Progressive Era of 100 years ago.

According to Ingram, a consensus of sorts was reached among these big Wall Street Lawyers (WSLs), which ultimately prevented radicalism and presented “capitalism with a human face”:

“The end of ‘The Last Great Epoch’ coincided with the end of World War I, flanked by the funerals of the earlier generation of great industrialists and white shoe pioneers. ‘Each year has the significance of a hundred,’ said William Nelson Cromwell in 1918, and this applied not just to armistice negotiations but vast swaths of human society. Business, law, and government in the US would be professionalized and regulated, but still relatively free by world standards. The reforms advocated by enlightened and informed WSLs formed a barrier against imported radicalism. Even rightwing attorneys backed movements such as social security, child labor prohibitions, and even minimum wage.”

 

Ingram, as I mentioned, is a good friend, and we’ve had some lively discussions over the years about the “big questions” of life. His thoughtfulness and reflexivity are in full display in his review here, as he links insights from this work to concurrent readings of Jordan Peterson and Christopher Andrews. He also brings in his own experiences working in “BigLaw,” as he calls it, the grueling world of billable hours and 80+-hour workweeks.

To (indulgently) block-quote Ingram once more:

“Having worked as a BigLaw accounting clerk myself, I have an issue with the Cravath System and the slavish devotion to billable hours. Is your spouse really going to leave you if you don’t make $250,000 this year? Will your children no longer look up to you? Is that worth being a cortisol-addled prick 80 hours a week, every weekday of your miserable life? Wouldn’t it be wiser to make, I don’t know, $100k or even $50k and have your peace of mind back?”

 

As much as I admire the energy and drive of the restless striver—and as much as I over-work myself—Ingram makes a compelling point. Money doesn’t buy happiness (although it certainly buys a great deal of freedom), and the pursuit of it can lead other, more enduring obligations—family, friends, faith—to wither.

An excellent review, from a good friend. Check it out at https://corporatehistory.international/2019/01/27/new-white-shoe-review-for-you, then pick up a copy of Oller’s book.

fridrix's avatarCorporate History International

White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century by John Oller (Dutton: 2019). Review by Frederick C. Ingram, CorporateHistory.International, January 27, 2019.

White Shoe promises to deliver an engaging and revealing tale regarding the handful of New York City attorneys who effectively created big business as we’ve known it, the “new high priests for a new century.” As an accomplished historian (The Swamp Fox: How Francis Marion Saved the American Revolution, Da Capo: 2016) and former Wall Street attorney himself (Willkie Farr & Gallagher), John Oller is well placed to fulfill this tall order.

20190127 white shoe cover squareIn a previous economy, I researched hundreds of corporations for the International Directory of Company Histories, so the prospect of peeking a little beyond the opaque public relations and investor relations curtain intrigued me. I’m also reminded of strolling along Fifth Avenue, whose equally opaque walls…

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