ideas

10 for Equal Justice

July 2010 | Featured Idea

Automatic Absentee Voting
 10 Ideas for Equal Justice
July 2010

National Director
Hilary Doe

National Network Coordinator

Tarsi Dunlop

Lead Strategist for Equal Justice

Matthew Fischler

Managing Editor
Gracye Cheng

Editor
Sheri Holt

The Roosevelt Institute Campus Network

455 Massachusetts Ave NW
Suite 650
Washington, DC 20001
Copyright © 2010 by the Roosevelt Institute. All rights reserved.

The views and opinions expressed herein are those of the authors. They do not ex-
press the views or opinions of the Roosevelt Institute, its officers, or its directors.
 ideas
10 for

Equal Justice
 Congratulations to
Aditya Mukerjee,
author of
Automatic Absentee Voting

Nominee for
Policy of the Year
 Inside the Issue

P
Combating Student Homelessness: 8
24-Hour Peer-Run Services
Jenna Edzant et al

Making the MBTA Fare-Less 10

Jason Leach

Broadening Opportunity to Litigate through Champerty 12

Daniel Rosenblum

Incorporating Open Lesbians, Gays, Bisexuals, 14

& Transgenders into the United States Military
Jenna Edzant and Amreen Rahman

Abortion Clinic Buffer Zones for New York State 16

Philip Verma

Demand-Side Enforcement: Reforming Prostitution Law 18

Otilia Enica and Kelsey Jost-Creegan

The Case for Abolishing the Electoral College 20

Ryan Hunter

Automatic Absentee Voting 22

Aditya Mukerjee

Automatic Enrollment in Illinois Re-Entry Programs 24

John Haak et al

Correcting the Inequality in FIFA Decision Making 26

and Hosting the World Cup
Brian Bartle

Roosevelt Review Preview: 29

Mixed-Member Proportional Representation -
Fixing the “People’s House”
William Organek
p Letter from Washington
W e are pleased and proud to present the second edition of the 10 Ideas Series. Com-
prised of six journals, these articles represent the best of our student policy work across
the country. Throughout the past year, our national policy strategists have supported
hundreds of students chapters stretching from New England and Michigan to California
and Georgia. As a peer-to-peer network, our student strategy team is unlike any other
- they are both friends and mentors, strategists and promoters. Instead of waiting for
their ideas to be approved in Washington, our Washington team looks to the field for our
most innovative policies - and it is the student network that votes on the best proposals
of the year.

Within this volume, you will find a variety of ideas in motion. Some are new proposals
being spread for the first time; others have already gained traction in their local commu-
nity, as our campus chapters work to enact their policies today. Some will rise to higher
prominence in the months ahead, gathering momentum as the idea is adopted through-
out our national network of 8000 members. A few will be adopted by state legislatures
and city councils; some make it all the way to Capitol Hill.

A year ago, one Colorado student published an idea about improving remote access to
health care via unused television waves; the state of California is now working with him
to make that idea a reality. A pair of students in Chicago postulated that their school
could start a revolving loan fund for energy efficient building and development; they now
help administer such a fund at Northwestern.

Whether intensely localized or built for the nation at large, these ideas all have the po-
tential to become realities. We look forward to what comes next for these authors - and
if you can be a part of that change, we hope you’ll join us.

Sincerely,

Tarsi Dunlop
National Network Coordinator
 Strategist’s Note P
A t the dawn of a new decade, we find ourselves in an unlikely place. Despite “reaching
the mountain top” by electing our first African-American President, our country faces se-
rious challenges to the bedrock of American society: the equality of opportunity. While
the Moses Generation perfected our union by erasing the stain of racial discrimination,
our generation, the Joshua generation, faces new forms of discrimination and inequality
in the 21st. Injustice cannot stand, whether it is through the legal profiling of Hispanic
immigrants, or discrimination based on what you worship or whom you love. As Presi-
dent Obama declared to the NAACP at the outset of his presidency, the most difficult
barriers to opportunity today are the “structural inequalities that our nation’s legacy
of discrimination has left behind.” We will tear these barriers down by rewarding work
with living wages, reducing income inequality, making housing more affordable, ensuring
nutritional food is more accessible, giving ex-offenders a second chance, and welcoming
people from every background, and every country the chance to participate in our soci-
ety and achieve their American Dream.

In its second year, the Roosevelt Institute | Campus Network Equal Justice center re-
ceived submissions from our best and brightest students for progressive solutions to
the equal justice issues of our time. The ideas presented in these journals are not meant
to sit idle on the shelf. They represent actionable plans that address inequalities on our
college campuses, in city ordinances, state laws, and federal policies. Members from
our chapter at UCLA tackle the growing threat of student homelessness at our public
universities. At Columbia University, students ensure that every voice is heard in our de-
mocracy by establishing “no-excuse” absentee ballots. Roosevelt fellows at UNC-Chapel
Hill advocate for victims of the hidden sex trafficking industry in North Carolina.

These exceptional ideas demonstrate the commitment of our generation of progressive

millennials to pave our nation’s future with a grand and open path to opportunity and
justice. I am sure these solutions will inspire you to take action against inequality within
your own communities.

Sincerely,

Matthew Fischler
Lead Strategist, Equal Justice
Combating Student Homelessness:
24-Hour Peer-Run Services
Jenna Edzant, Joelle Gamble, Lizzie Odendahl and Amreen Rahman
University of California Los Angeles

Colleges should ensure that there is at least one secure, on-campus building open 24
hours a day, seven days a week, to provide homeless/needy students with shelter.

With higher education comes a consid-

erable financial burden as the price of Key Facts
attending college increases annually, and • Warning signs of student homelessness-
sometimes, bi-annually. Over the past can alert universities including: a lack of
few years, actions have been taken to al- continuity in education, poor health and
leviate the strain that tuition places on hygiene, or unusually large quantities of
students. The 2009 American Opportu- belongings carried on the person.3
nity Tax Credit added course materials • ”For the 2009-2010 school year and fu-
to the list of qualifying claims for parents ture years. The College Cost Reduction
and Access Act of 2007 (P.L. 110-84) ex-
and students.1 The Student Aid and Fis-
panded the definition of “independent
cal Responsibility Act (SAFRA), which student” to include: (1) unaccompanied
was signed into law along with health homeless youth; (2) youth who are in fos-
care legislation in early 2010, significant- ter care at any time after the age of 13
ly increased the amount of Pell Grant or older, and; (3) youth who are emanci-
awards. SAFRA converts student lend- pated minors or are in legal guardianships
ing from taxpayer-subsidized private as determined by an appropriate court in
lenders to the more cost-effective Di- the individual’s state of residence.”4
rect Loan Program, which lends money • In a survey study conducted by the Cali-
fornia Research Bureau on homeless
directly from the government.2
youth in California, 24% of those inter-
viewed at the time were attending either
Despite efforts to create affordable high- high school or college.5
er education, students are still suffering
from the effects of the financial crisis. In
2010, California’s Governor, Arnold Schwarzenegger proposed to phase out the Cal
Grants program that many California students relied on to pay for school.UCs have
also established fee increases while drastically cutting enrollment.6 At UCLA, some
students resort to sleeping in libraries, showering in gym facilities and carrying their
personal belongings with them to class. These are not isolated incidents. Fortunately,
UCLA has a 24-hour campus library; otherwise, many students would have no shelter
at night.

Analysis
The majority of college campuses across the country feature at least one facility de-
signed as a “student recreational center” that provides services such as study rooms
and access to computers, lounges, athletic facilities, locker rooms, program offices, and
common areas. Needy students frequent such buildings for shelter, washing, or simply
a comfortable place to rest. These buildings become the primary resource for a univer-
sity’s homeless student population.

8
Next Steps
Talking Points
At UCLA, these various services exist • Due to the lack of statistically based
but are not centralized and are therefore studies on student homelessness, uni-
ineffective in combating student home- versities primarily rely on anecdotal
lessness. Schools should guarantee that information. In order to quantify the
at least one secure building is open at problem, universities can initiate an
all times to provide shelter for homeless identification process of at risk stu-
students; this may be a library or student dents through psychological services,
union, for example. These buildings should financial aid, counseling and other stu-
dent services.
have secure lockers, restrooms, shower fa-
• Students may be considered homeless
cilities, and washers and dryers available for several different reasons: unex-
to current students. pected evictions, family crises or a lack
of a nighttime residence due to long-
However, secure facilities alone are not standing financial issues.7
enough to meet the needs of a homeless • Providing students in need with a de-
student population. The university should pendable nighttime shelter, via a 24-
also provide a food closet consisting of do- hour on-campus location, is the first-
nations from local residents and interest- step universities can take towards
curbing the spread of homelessness
ed non-profit organizations. Possible non-
throughout their student bodies.
profits include: SOME, Martha’s Kitchen,
the National Coalition for the Homeless
and the National Alliance to End Home-
lessness. A system in which students donate extra meal plan passes to their homeless
peers could be established. Funding can come from any existing resources for student
welfare services. Many schools already have buildings open 24-hours, but do not pro-
vide showers,washers/dryers, or food closets. Centralizing these facilities is key to the
project’s success.

If funding allows, universities should institute a student-led organization to provide re-

sources, and counseling that could identify homeless students and provide them with
information. They would organize food drives to collect meal plan vouchers from the
students and collect donations from their neighboring community. These groups could
also hold fundraisers with alumni and other student groups.

Endnotes
1. Neil Paik, “Revised federal aid application released.” The Daily Bruin. January 27, 2010: 1,4.
2. “Student Aid and Fiscal Responsibility Act (updated 3.18.10) | EdLabor Journal | Committee on Educa-
tion and Labor.” Committee on Education and Labor. N.p., n.d. Web. 27 Jan. 2010. <http://edlabor.
house.gov/blog/2009/07/student-aid-and-fiscal-respons.shtml>.
3. Nell Bernstein and Lisa Foster, “Voices from the Street: A Survey of Homeless Youth by Their Peers.”
California State Research Library 1 (2008): 1-133. Web. ,http://www.library.ca.gov/crb/
4. Paik 2010.
5. Eleanor J. Bader. “Homeless on Campus | The Progressive.” The Progressive | Peace and Social Justice
Since 1909. N.p., n.d. Web. 30 Jan. 2010. <http://www.progressive.org/node/718>
6. Ibid.
7. Nell Bernstein and Lisa Foster. “Voices from the Street: A Survey of Homeless Youth by Their Peers.”
California State Research Library 1 (2008): 1-133. Web, http://www.library.ca.gov/crb/

9
Making the MBTA Fare-Less
Jason Leach, Tufts University

The Massachusetts state government should monetarily support the Massachusetts

Bay Transit Authority (MBTA) through increased state income tax, in part to eradi-
cate fares and to allow everyone to ride for free.

Policymakers should aim to support the MBTA by increasing the income tax, thereby
releasing the portion of the state budget that currently goes to the MBTA. This is simply
an alternative way for the state to fund the service. It also proves to be more thorough
and stable than the sales tax and trust fund currently in place. The money collected
would slowly alleviate the MBTA of its burdensome debt, and would allow the Author-
ity to make necessary repairs to its aging infrastructure. But, the primary goal would be
to make the services of the MBTA available to all for no cost.

The MBTA is currently funded by the

Commonwealth government in three
ways. The MBTA, which provides ser-
vice to 73% of the state population,4
consistently receives 20% of revenue
from the state sales tax, $160 million
from the newly established $275 million
Commonwealth Transportation Trust
Fund (CTTF), and $150 million in rev-
enue from service area assessments.5
However, the Massachusetts sales tax
has not seen the stipulated 3% growth
because of the poor economy. In re-
sponse, the Commonwealth set up the
CTTF to further fund the MBTA, as well
as other transportation institutions.
Key Facts
• Raising the state income tax level to
5.95% is predicted to cover current
fare revenue, as well as current state
funding from a portion of the sales
tax, the Commonwealth Transporta-
tion Trust Fund (CTTF), and service
area assessments.1
• Even though the tax increase might
be unpopular, the MBTA provides ser-
vices for over 73% of Massachusetts’
population.2
• US businesses lose $40 billion annu-
ally due to traffic congestion.3

Many citizens are disadvantaged because they cannot afford transportation. They are
unable to find a job, keep a job, or simply access other parts of Boston and the rest of
Massachusetts. Public transportation allows employees to arrive at work consistently
and on-time. According to the American Public Transportation Association, “traffic con-
gestion causes an annual loss of $40 billion to U.S. business,” and motor vehicle injuries
cost $71.5 billion.6

Analysis
Raising the income tax rate, currently at 5.3%, to its 1999 level, at 5.95%, is predicted
to increase revenue by an estimated $1.4 billion.7 This would cover the $901 million the
MBTA reports receiving from sales tax and local assessments funding, and $451 million
from customer receipts. The extra $50 million could pay off the $5.2 billion debt and
cover the expected budget increases for extra maintenance, repairs, and other operat-
ing expenses that might be necessary after implementation.

10
The MBTA’s priority should be to
Talking Points
keep its transportation services
• The Commonwealth has burdened the
running regularly and without fares.
MBTA with debt, primarily from the ex-
The stability of funding the MBTA
pensive Big Dig, and has a responsibility
through income tax will help the
to support the only form of public trans-
organization with its debt and bud-
portation in the state.
get problems simultaneously. The
• Sales tax revenue has not reached its
MBTA will simply rely on the state
projected growth, which has strained the
government in a different, singular
MBTA’s growing budget.
way.
• Eliminating fares would allow the most
economically disadvantaged residents of
The main advantage of this policy is
the state to find jobs, keep jobs, and sup-
to grant free public transportation
port local businesses.
to everyone within the MBTA’s ser-
vice areas. Fare-free transportation
would provide for the economically
disadvantaged who might not be able to use the MBTA because of the expense and
looming fare increases. The alternative of waiving fares or offering discounts for low-
income individuals is only another bureaucratic hoop for those disadvantaged people,
and loses the stability of the state income tax.

Of particular significance, those unemployed in areas provided by MBTA transporta-

tion would have an easier time finding jobs, consequently increasing productivity for
the state. Simultaneously, the universal incentive to use public transportation will also
decrease the number of drivers and, thus, carbon emissions.

Endnotes
1. Doug Howgate, Nicholas Jenny, and Noah Berger, “Understanding Our Tax System: A Primer for Active
Citizens.” Massachusetts Budget and Policy Center: MassBudget (2009). http://www.massbudget.org/
documentsearch/findDocument?doc_id=621&dse_id=568.
2. “Expense,” Help Fill the MBTA’s Deficit Hole, http://ibert.org/mbta/tooltips.htm.
3. American Public Transportation Association, “The Benefits of Public Transportation: An Overview,”
Public Transportation Takes Us There. http://www.publictransportation.org/reports/asp/pub_benefits.
asp.
4. “Expense,” Help Fill the MBTA’s Deficit Hole.
5. Massachusetts Bay Transit Authority, “FY 2011 Operating Budget Summary,” MBTA. http://www.mbta.
com/uploadedfiles/About_the_T/Financials/Budget%20Briefing%20FY%202011.pdf.
6. American Public Transportation Association, “The Benefits of Public Transportation: An Overview,”
Public Transportation Takes Us There.
7. Doug Howgate et all, “Understanding Our Tax System: A Primer for Active Citizen.”

11
Broadening Opportunity to Litigate
Through Champerty
Daniel Rosenblum, Tufts University

States should broaden their recognition of independent 3rd-party lawsuit financing

to give low-income clients access to a fair trial.

“Champerty” is the practice of a third party sponsoring a lawsuit, or “buying into” a

suit in which it has no bona fide interest. The third party and the client enter into a
contractual arrangement whereby the champertor agrees to fund the case in exchange
for repayment (usually with interest) and a part of the trial’s awards. The client has no
obligation to repay if the lawsuit fails.

The ability to sue for damages is important for en-

forcing rights and deterring rights violations. For Key Facts
example, if an employer discriminates on the basis • Even with widely available pro-
of race, we rely on individuals to bring suit. With- bono representation, the legal
needs of the poor aren’t fully
out sufficient resources to pose a credible threat,
met. Of lawyers who cannot
these individuals risk being strong-armed by freely offer their services, 69%
wealthy corporations with expensive legal teams. cite lack of time as their prima-
The economically disadvantaged might also feel ry discouragement.1
pressured to accept settlements that are signifi- • Other lawyers (15%) cite em-
cantly lower than they might have earned had ployer-related issues, such as
they more bargaining power. A well-implemented billable hours requirements.2
recognition of champerty can arm clients with the
resources to choose representation beyond what
is offered pro bono, and stand up for their rights in court.

Although some states recognize certain champertous agreements to varying degrees,

most do not; champerty has been illegal through common law since the Middle Ages.3
Some states forbid champerty, but define the practice very narrowly so that lawsuit
financing is allowable for certain cases. For example, in Florida and North Dakota, law-
suit financing qualifies as champerty if the third party is an “officious intermeddler,”
guiding the suit in a desired direction. In New Hampshire, the courts will not enforce
a champertous contract if it finds the suit to be purchased in order to create “litigious
strife.” Massachusetts and South Carolina abandoned their general champerty restric-
tions, but reserve the right to strike down a champertous agreement if it violates the
standard of “unconscionability, duress, and good faith” in the eyes of the court.4 Even
where champerty is recognized, it is severely underused because of legal ambiguity.5

Analysis
A well-designed policy can help mitigate the typical concerns with champerty. First,
there must be provisions that ensure the disclosure of terms and require legal counsel
to be present before any agreement is made. Instead of treating champerty funds as
“investments,” we should treat them like loans and hold them to usury laws—preventing
exorbitant, predatory interest rates. Additionally, there should be a licensing system for

12
champertors to help ensure that investments are made in good faith. Finally, champer-
tors should also be prohibited from requesting information that would be protected by
the attorney-client privilege.

A main concern surrounding champerty is the possibility of a conflict of interest be-

tween the client and the investor. However, attorneys who take cases on contingency
have a similar stake in the outcome: they only get the contingent fee (usually a percent
of the client’s net recovery) if they win or settle favorably. Such lawyers are de facto
champertors; the ethical rules established by bar associations that regulate contingen-
cy fees should be adopted for the broader practice of champerty.6 To further protect
the independence of the client and attorney from third party influence, champertors
should not be able to withdraw their investment except under limited circumstances
(e.g. the client withheld important unprivileged information from the investor). This way,
the financier cannot coerce legal decisions by threatening to withdraw funding.

Finally, in order to ensure

that cases are being “sold” at
fair prices, the state should
regulate an auction market
among interested investors.
An initial bid price should be
set by an independent panel
of legal experts familiar with
likely awards and settlements.
Litigants then have the op-
tion of selling their case to
the lowest bidder.7
talking points
• The ability to pursue a lawsuit is an important re-
course against rights infringements and illegal con-
duct. However, there are high barriers for low-income
individuals due to prohibitive court costs.
• Independent investors can help finance lawsuits, giv-
ing those who would not otherwise be able to afford
a lawsuit the opportunity to defend their rights—even
against significantly wealthier opponents.
• Typical concerns surrounding the practice of cham-
perty (e.g. conflict of interest) can be mitigated or
eliminated through policy design.

Next Steps
States should individually expand champerty through legislative action. In states where
some champertous contracts are enforceable, its proper uses are unclear. If the legiti-
macy of champerty continues to be decided by the courts on an ad hoc basis, financiers
will be deterred from investing. In order for this to change, champerty must have clear
rules and regulations articulated by the legislature. Ideally, this is accomplished first by
individual states for experimentation. This would allow policies to be tailored in order
to reflect the judicial needs and temperament of each state. If there are consistent
trends in the effectiveness of certain implementations, these can be later adopted for
federal use.

Endnotes
1. The ABA Standing Committee on Pro Bono and Public Service, “Supporting justice: A report on the pro
bono work of America’s lawyers.” American Bar Association, (2005), 5. Ibid., 1309.
2. Ibid., 5.
3. Damon Leichty and Eric Thomason, “Investing in lawsuits: “litigation financing” and the consumer pro-
tection imperative” (Washington Legal Foundation Working Paper Series, 2009), 6.
4. Ibid., 9-10.
5. Paul Bond, “Making champerty work: An invitation to state action.” University of Pennsylvania Law
Review, (2002), 1304.
6. Ibid., 1309.
7. Ibid., 1316.

13
Incorporating Open Lesbians, Gays, Bisexuals,
& Transgenders into the United States Military
Jenna Edzant and Amreen Rahman, University of California Los Angeles (UCLA)

Repeal “Don’t Ask, Don’t Tell” in the United States Armed Forces and establish a non-
discrimination policy specifically geared towards sexual minorities.

In 1994, President Clinton issued the National Defense Authorization Act, which set
forth the current military position on openly lesbian, gay, bisexual, and transsexual ser-
vicepersons in the United States Armed Forces. The unofficial title of Section 571 of
the executive order came to be known as “Don’t Ask, Don’t Tell,” or DADT. President
Clinton intended DADT to be a compromise with the military’s strict ban on sexual
minorities in the armed forces. In its most basic form, DADT declares that any servicep-
erson who is not exclusively heterosexual cannot reveal his sexual orientation. If he or
she does, he is subject to dismissal. The rationale behind the DADT policy is that openly
homosexual servicepeople in active duty would be detrimental to unit cohesion and
general military effectiveness.1
Key Facts
Analysis • 73% of surveyed military personnel are
Since the enactment of the policy, over at ease with lesbians and gays.2
13,000 troops have been discharged. As • 25% of surveyed U.S. troops who
the national movement for LGBT rights served in either Afghanistan or Iraq
has begun to amass more support, the dis- personally know a member of their unit
criminatory nature of DADT has become a who is gay.3
societal issue. Since 1994, numerous em-
5 • 75% of Americans are in support of
pirical studies have examined the effect gays serving openly - up from just 44%
in 1993.4
that open servicepersons have on unit co-
hesion and military readiness. In one study
completed through the Palm Center at the University of California Santa Barbara, re-
searchers shadowed multinational military units with openly gay members and officers;
they observed no decrease in military cohesion or readiness. Aside from such studies
disproving the justifications behind DADT, one of the most potent examples occurred
during the first Gulf War.6 During this war, the ban barring LGBTs from military service
was temporarily suspended and resulted in undisturbed unit cohesion and readiness
during the conflict.In fact, many military researchers believe that the troops that par-
ticipated in the conflict had the highest amount of cohesion and camaraderie when
compared to troops in other military conflicts. Furthermore, as of June 2009, 25 inter-
national militaries allow the service of openly LGBT persons; places include the United
Kingdom, France, Israel, and South Africa.7

Aside from violating civil rights and heralding blatant employee discrimination, the cur-
rent policy is fiscally irresponsible. The Blue Ribbon Commission reported the follow-
ing financial costs accrued as a result of DADT: $14.3 million for travel expenses once
servicepersons were discharged, $17.8 million for training new officers, $252.4 million
for training enlistees, and finally $79.3 million for recruiting costs to replace discharged
troops.8

14
Next Steps
Due to the growing movement opposing DADT within American society, issuing an ex-
ecutive order to dissolve DADT would be the first step towards permanently removing
discrimination against sexual minorities in the Armed Forces. But repeal alone is not
enough; permanent elimination of the discriminatory policy requires resolute action by
Congress. Current legislation, like the Military Readiness Enhancement Act, calls for a
repeal of DADT coupled with a policy of non discrimination. Still, in order to achieve
comprehensive integration of people with all sexual orientations, more decisive steps
must be taken.9

In the past, the military has been at Talking Points

the forefront of advocating for so- • DADT hinders recruitment and retention of
cial integration, allowing minorities personnel which in turn directly affects military
to serve in the military during an era effectiveness and cohesion.
• Sweeping reform integrating LGBTs into the
of legalized segregation. In order to
military must include a mechanism to prevent
follow their own model, initial steps rollback of the new policy.
must be taken to integrate sexual • The military is often a microcosm of civil soci-
minorities. Full integration could ety. In order to guarantee equal rights for LG-
be accomplished by allowing incor- BTs reform in the Armed Forces is essential.
poration of LGBTs into all branches
of the armed forces. Specific pro-
tocols and plans for integration would be crafted in accordance to the needs of each
specific branch. Monitoring and evaluation committees would be essential in assessing
such sweeping reform. The issue of sexual minorities in the Armed Forces has been left
vulnerable to the ideologies of changing administrations. In order to establish the per-
manency of this policy, a provision should be implemented to prevent rollback of this
policy by new administrations. This policy should emphasize a universal code of con-
duct and expectations of behavior, as opposed to a policy of sensitivity and tolerance
training, in order to decrease resistance and resentment. This multi-pronged approach
to both eliminate a discriminatory act and create a new, positive policy that emphasizes
integration is essential for the promotion of LGBT rights and equal rights in general. If
this policy is implemented, the military can once again stand at the forefront of toler-
ance, setting a standard that civil society can hopefully model.

Endnotes
1. Belkin, Aaron, Nathaniel Frank, Gregory M. Herek, Elizabeth L. Hillman, Diane H. Mazur, and Bridget J. Wilson. 2009. “How to
End “Don’t Ask, Don’t Tell”: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment.” Uni-
versity of California, Santa Barbara: Palm Center. http://www.palmcenter.org/files/active/0/Executive%20Order%20on%20
Gay%20Troops%20-%20final.pdf (accessed Jan. 2, 2010)
2. Zogby International, “Opinions of Military Personnel on Gays in the Military”(2006). http://www.zogby.com/CSSMM_Report-
Final.pdf. (accessed February 1, 2010).
3. Ibid.
4. Ibid.
5. Service Members Legal Defense Network, 2008. http://www.sldn.org/pages/about-dadt (accessed Jan. 1, 2010).
6. Geoffrey Bateman and Sameera Dalvi. “Multinational Military Units and Homosexual Personnel.” Center for the Study of Sexual
Minorities: University of California, Santa Barbara. http://www.palmcenter.org/files/active/0/2004_02_BatemanSameera.pdf
(accessed Nov. 11, 2009).
7. “Countries that Allow Military Service by Openly Gay People.” Center for the Study of Sexual Minorities: University of Califor-
nia, Santa Barbara. http://www.palmcenter.org/files/active/0/CountriesWithoutBan.pdf (accessed Nov. 11, 2009).
8. Blue Ribbon Comission, “Financial Analysis of Don’t Ask, Don’t Tell: How Much Does the Gay Ban Cost?”(2006), http://www.
palmcenter.org/files/active/0/2006-FebBlueRibbonFinalRpt.pdf. (accessed February 1, 2010).
9. Bernard D. Rostker, et al, “Sexual Orientation and U. S. Military Personnel Policy: Options and Assessment.” Santa Monica:
RAND Corporation, 1993. http://www.rand.org/pubs/research_briefs/RB7537/index1.html (accessed Jan. 2, 2010).

15
Abortion Clinic Buffer Zones
for New York State
Philip Verma, Columbia University

New York should create buffer zones around medical facilities that perform abor-
tions in order to reduce violent confrontations at these sites.

Although they are legally protected, women seeking access to abortion are frequently
obstructed by protestors who claim protection under the First Amendment. Protestors
have blocked clinic entrances and aggressively harassed patients and staff, sometimes
leading to violent confrontations.1 The New York State legislature should implement
buffer zones around clinic entrances and patients to reduce violence and protect pa-
tients’ rights.

Abortion clinics are feder- Key Facts

ally protected under the 1994 • Since 1977, there have been 6,143 incidents of
Freedom of Access to Clinic violence nationwide against abortion providers,
Entrances Act (FACE), which including eight murders. There have been 156,961
prohibits threats and violence incidents of disruption, and 763 incidents of clinic
against individuals obtaining blockades.2
or providing reproductive ser- • Three states and a number of cities nationwide al-
vices. Although FACE has been
5 ready have buffer zones around abortion clinics.3
• 60% of New York counties have abortion facilities,
generally effective, events like
which is more than many other states.4
the recent murder of Dr. George
Tiller demonstrate that more
must be done. New York should create buffer zones around facility entrances wherein
certain acts of protest are restricted. As of 2010, a similar policy has been enacted in
three states: Massachusetts, Montana, and Colorado, as well as in a number of cities,
including New York.6 Regulations include fixed buffers around clinic entrances and
floating buffers around individuals seeking to enter.

Statewide, New York should implement both types of buffers, following the legal pa-
rameters accepted by the Supreme Court in Hill v. Colorado (2000). Colorado’s stat-
ute created an eight-foot buffer around patients within a 100-foot radius of a medical
facility entrance, successfully balancing concerns about safety and free speech. The
restriction on protestors’ speech limited the place and manner of communication, not
the content of their message. The statute pertained to all medical facilities, including
abortion alternative clinics, and was therefore relatively content-neutral. Finally, it only
affected intentional approach; if a patient voluntarily came within eight feet of a sta-
tionary protestor, the protestor was not punished.7

Analysis
There is legal precedent for limiting free speech to prevent violence. Conflicts at poll-
ing places, government offices, and labor strike locations prompted restrictions on cam-
paigning and protesting at those sites. The buffer for polling places, for example, is 100
feet, far greater than the 36-foot clinic buffer in Montana.8 It is in the state’s interest to

16
protect individuals seeking or providing abortions from violence, as elaborated in Roe
v. Wade and the Tenth Amendment, and New York is already bound by FACE to police
and prosecute offenders. Furthermore, the state’s three largest cities—New York, Buf-
falo, and Rochester—have already enacted buffer zone legislation around clinics.9, 10

Stakeholders
Patients, doctors, and medical workers would be positively affected by this law, and
anti-abortion protesters would be protected from aggression directed against them.
Decreases in violence would also benefit police
forces charged with containing clinic confronta-
tions. Talking Points
• Patients, chaperones, and work-
ers at abortion facilities are fre-
Next Steps quently harassed and blocked
The New York Assembly and Senate should from entering the premises.
work with local governments and police forces • Buffer zones reduce violence by
to create and monitor buffer zones. For the first creating an eight-foot space be-
five years after implementation, data should tween protestors and patients
be gathered about violation and enforcement within 100 feet of the building
rates in the state. Anti-abortion groups have entrance.
• These physical specifications
expressed concern that their supporters will
were upheld by the Supreme
stop protesting altogether, due to a fear of pros- Court in Hill v. Colorado (2000).
ecution.11 Free-speech and pro-choice groups
should work with these groups to let them know
what actions remain within their rights.

Endnotes
1. David L. Hudson, “Abortion Protests and Buffer Zones,” First Amendment Center, http://www.firsta-
mendmentcenter.org/assembly/topic.aspx?topic=buffer_zones.
2. “Violence and Disruption Statistics, National Abortion Federation, http://www.prochoice.org/pubs_re-
search/publications/downloads/about_abortion/violence_stats.pdf
3. State Policies in Brief.” Guttmacher Institute, http://www.guttmacher.org/statecenter/spibs/spib_PAC.
pdf.
4. “State Facts about Abortion: New York,” Guttmacher Institute, http://www.guttmacher.org/pubs/sfaa/
pdf/new_york.pdf.
5. Hudson, “Abortion Protests and Buffer Zones.”
6. “State Policies in Brief,” Guttmacher Institute, http://www.guttmacher.org/statecenter/spibs/spib_PAC.
pdf.
7. Hudson, “Abortion Protests and Buffer Zones.”
8. Rachel Entmann, “Picket Fences: Analyzing the Court’s Treatment of Restrictions on Polling, Abortion,
and Labor Picketers,” Georgetown Law Review 9, no 8 (August 2002): 2583, 2588.
9. Schenck v. Pro-Choice Network of Western New York 519 U.S. 357, 117 S.Ct. 855 (1997).
10. “Clinic Access Bill Passes,” NARAL Pro-Choice New York. http://www.prochoiceny.org/instate/clini-
caccess.shtml.
11.“New Chicago ordinance targets 40 Days for Life, tramples pro-life Americans’ free speech rights,” 40
Days for Life, http://www.40daysforlife.com/news.cfm?selected=releases&release=35.

17
Demand-Side Enforcement:
Reforming Prostitution Law
Otilia Enica and Kelsey Jost-Creegan
University of North Carolina at Chapel Hill

North Carolina should adopt prostitution laws that distinguish between the roles
of the accused, with higher penalties for purchasing than for selling and increased
protection for victims of sex trafficking and exploitation.

Chapter 14, Article 27 of the North Carolina General Statues defines the crime of pros-
titution as “the offering or receiving of the body for sexual intercourse for hire.” This law
conflates clients and pimps with prostitutes themselves. The law does outline varying
offenses, but the differing severity among these subcategories has no bearing in deter-
mining penalties; all crimes, regardless of subcategory, may be classed as a Class One
Misdemeanor and carry a 1-3 year jail sentence.1

Analysis
Our preliminary research consisted
of analyses of charges brought under Key Facts
the NC statutes. Data collected from • It is estimated that 14, 500 – 17, 500 foreign-
ers are trafficked into the U.S. annually.2
a sample of NC police reports filed
• 293,000 children are considered at risk of
under Article 27 reveals that the im- child sexual exploitation in the U.S.3
plementation of the NC regulations • Average age of entry into prostitution in the
on prostitution results in discrimi- U.S. is 12-14 years old, well below the age of
nation against women. Overall, the consent.4
number of females arrested (56) was
significantly higher than males (28).
In addition, the subcategory under which the charge was filed varied according to the
gender of the accused.5 Research also reveals that law enforcement lacks awareness of
the differences between sex trafficking and prostitution. The combination of discrimi-
natory laws and ignorance may lead to unjust treatment of victims of trafficking.

To protect victims of trafficking and diminish discrimination, changes must be made.

Definitions of specific industry terms - e.g. “john,” “call-girl” - and information about
trafficking should be included in the law. The inclusion of this vocabulary is essential so
that law enforcement is aware of correct and unambiguous definitions. Clarification of
terms should be followed by increased emphasis on law enforcement education; NC
recently made training about trafficking mandatory for new cadets and optional for an-
nual renewal training. While these are positive steps, the latter should be mandatory.
Penalties should be stratified according to charge subcategory. Relationships between
prostitutes and clients or pimps are inherently exploitative. Women are often forced
into prostitution or may initially choose to participate, but ultimately become trapped.
Thus, acting as the john and the pimp should be considered more serious crimes and
result in harsher penalties. The law should focus on eliminating demand, providing legal
protection for victims of trafficking. The aforementioned changes have their foundation
in domestic and international law. Domestically, the Illinois End Demand movement ex-

18
emplifies proactive solutions for prostitution, and can provide a model for reform. End
Demand compiles research on domestic and international laws to establish best prac-
tices and develop effective legislation focused on targeting demand regionally.6

Movements to address prostitution from the demand side are gaining support around
the world. In 1999, the Swedish Parliament legalized solicitation, but not the purchase of
prostitution. The government considered this reform central to its moral obligation to
fight gender inequality. Follow-up research suggests that prostitution and sex traffick-
ing in Sweden have declined; implementation of this legislation supplies a case study to
support efforts to combat trafficking by targeting demand.7

Next Steps
NC prostitution laws need to be re- Talking Points
formed to penalize the demand-side of • Provide clarification of terms in the law.
prostitution and ensure legal protection • Include information about trafficking in
for victims of sex trafficking. Clear defini- NC legislation.
tions of crimes associated with prostitu- • Make trafficking workshops in law en-
tion must be provided in state law, along forcement re-training mandatory.
• Increase penalties for purchase and man-
with harsher penalties imposed upon
agement of prostitutes while decreasing
those who manage and purchase prosti- penalties for solicitation.
tutes. Penalties should be lessened, and • Ultimately, eliminate penalties for sale in
eventually eliminated, for prostitutes favor of harsher penalties for purchase.
themselves, and law enforcement must
undergo mandatory human trafficking
training. Such reforms, which are supported by movements and research domestically
and abroad, would decrease prostitution overall and ensure that trafficking victims are
not treated as criminals.

Endnotes
1. State of North Carolina. “Chapter 14: Criminal Law, Subchapter I.” General Provisions, North Caro-
lina General Statutes. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/
Chapter_14.html (Accessed April 23, 2010).
2. Fact 1: Polaris Project, “Human Trafficking Statistics.” http://nhtrc.polarisproject.org/materials/Human-
Trafficking-Statistics.pdf (accessed May 12, 2010).
3. Fact 2: Child Exploitation And Obscenity, “Child Prostitution: Domestic Sex Trafficking of Minors.” U.S.
Department of Justice. http://www.justice.gov/criminal/ceos/prostitution.html (accessed May 12,
2010)
4. Fact 3: Richard J. Estes and Neil A. Weiner, “The Commercial Sexual Exploitation of Children in the
U.S., Canada, and Mexico.” The University of Pennsylvania School of Social Work: 2001.
5. “Tarheels Impacting Policy,” University of North Carolina at Chapel Hill.
6. End Demand, “End Demand Illinois,” Chicago Alliance Against Sexual Exploitation. http://www.endde-
mandillinois.org/index.html (accessed April 23, 2010).
7. Gunilla Ekberg, “The Swedish Law that Prohibits the Purchase of Sexual Services,” Violence Against
Women 10 (2004): 1187.

19
The Case for Abolishing the Electoral College
Ryan Hunter, American University

The Electoral College is an archaic institution that is incompatible with the demo-
cratic values of the twenty-first century; abolishing it would result in presidential
elections that would reflect the true will of the nation’s citizens, like all other U.S.
elections.

The Electoral College elects Presidents of the United States.1 Each state has a mini-
mum of three electors, since the number of a state’s electors is the same as the num-
ber of members the state elects to Congress. The legislatures of each state are free
to choose their electors in the manner they see fit, but sitting members of Congress
cannot serve as electors. Electors are not constrained to vote based on the will of the
state’s voters.2
Key Facts
Analysis • The Electoral College allows a presiden-
The College is an outdated method for tial candidate to win when another can-
electing the President of a democratic didate may have received more votes
nation. Implemented in a time when from the American people (this has hap-
most people in the United States were pened four times: in 1824, 1876, 1888, and
2000.)
illiterate and regional sectionalism was
• Lack of transparency: The Constitution
a threat to national unity, the writers of does not specify that states must make
the Constitution did not trust ordinary the list of electors available to the public
citizens to vote without bias. The Found- or how they should choose electors.3
ers also doubted that most citizens would • European republics such as France have
be informed enough about the merits of runoffs to ensure that a presidential
each candidate to vote responsibly. candidate wins a majority of the votes.
These more democratic countries have
The paternalistic nature of the College much higher voter turnouts in general
elections than in the U.S.
contradicts the democratic ideals embod-
• Small states are overrepresented by the
ied in the Declaration of Independence. Electoral College: in 1988, for example,
This document contends that although the combined voting age population of
“governments should not be changed for the seven least populous states carried
light and transient causes,” often people the same voting strength in the Electoral
“are more disposed to suffer evils than to College (21 Electoral votes) as the state
right themselves by abolishing the forms of Florida.4
to which they are accustomed.” The Col-
lege has become an instrument of gov-
ernment that is “destructive of these ends,” and “it is the right of the people to alter
or abolish it.”5 Proportionally, the College drastically under-represents voters in larger
states. Majority groups in small states are incentivized to discourage the minority from
participating in an election.

The College allows each state legislature to appoint its electors. There are no uniform
checks on partisan bias in this process, nor is there anything that prevents dishonest
deals from taking place. Electors in fact are often former governors, retired congres-
sional representatives, state party chairs, legislators or administrative officials.6 The

20
Electoral College has no place in modern America. When the College mirrors the popu-
lar will, it is unnecessary; when the electors disregard the popular vote, the College
circumvents democracy. Since we base our system of government on the principle of
sovereignty of the people, the Electoral College clearly violates this principle.7 Such an
unjust system should not continue.

Next Steps
Article V of the Constitution holds that in
order for an amendment to be proposed,
two-thirds of the total members of Con-
gress must agree to its introduction, or
two-thirds of the state legislatures must
agree to a national convention. Since
members of state legislatures have a clear
interest in retaining the College, such an
amendment to abolish it would likely
find little support.8 Nevertheless, public
pressure should be applied in the form
of grassroots organizing. Citizens should
write to their members of Congress urg-
ing them to introduce an amendment to
abolish the College. If members of Con-
gress are not persuaded, citizens should
vote their congressional representatives
out of office.
Talking Points
• Electoral College defenders argue that
it encourages third-party movements to
assimilate into one of the two main par-
ties. On the contrary, this system allows
the main parties to ignore third party op-
position.9
• No uniform laws prevent “faithless” elec-
tors from disregarding the popular vote.
• Ordinary citizens in the states do not get
to choose electors.
• Even if a candidate wins a large percent-
age of the national popular vote, if his
or her votes are spread throughout the
states, he or she could lose to someone
who takes less of the popular vote but
amasses more support in the College.10

Endnotes
1. U.S. Constitution. Art. II, sec. 2.
2. William C. Kimberling, “The Electoral College.” US Election Atlas. 2008. Jackson County, MO Elec-
tion Board. 2008.“http://uselectionatlas.org/INFORMATION/INFORMATION/electcollege_procon.
php”http://uselectionatlas.org/INFORMATION/INFORMATION/electcollege_procon.php”
3. U.S Constitution.
4. William C. Kimberling, “The Electoral College.”
5. Charles C. Tansill. “Declaration of Independence.” The Avalon Project: Documents in Law, History,
and Diplomacy. 2008. Lillian Goldman Law Library. Yale Law School. 2008. “http://avalon.law.yale.
edu/18th_century/declare.asp”http://avalon.law.yale.edu/18th_century/declare.asp”
6. Richard E. Berg-Andersson. “The Green Papers: 2008 General Election.” “Duly Appointed Presiden-
tial Electors.” 2008. The Green Papers. 2008. “http://www.thegreenpapers.com/G08/EC-Electors.
phtml”
7. William C. Kimberling, “The Electoral College.”
8. Ibid.
9. Ibid.
10. Ibid.

21
Automatic Absentee Voting
Aditya Mukerjee, Columbia University

Youth voter turnout and civic awareness can be increased by allowing voters to place
a standing request for an absentee ballot during voter registration.

In the past decade, New Yorkers aged 18-25 were 17% less likely than older citizens to
vote in presidential and midterm elections.1 This gap reflects several factors, such as a
more transient age group or lack of civic awareness. These issues are addressed in part
by providing automatic, no-excuse absentee voting as an option on voter registration
forms.

New York provides a three-week window

Key Facts
for absentee ballot requests. Youth at- • Washington State, which allows au-
tending college in another state or who do tomatic absentee voting, has youth
not keep track of election dates may miss voter turnout 5% higher than the na-
this window, especially for local and spe- tional average.2
cial elections. Absentee ballots are only • Youth voting turnout in Oregon, which
granted for a few specific reasons, such as holds all elections by mail, is 8% high-
absence from the polling district. Citizens er than the national average.3
who do not fall under one of the predefined • Youth voting turnout in New York,
which requires individual requests
categories must vote at the polling location
for absentee ballots and does not al-
on Election Day. Most citizens who do not low no-excuse absentee voting, is 2%
plan on being out of town on Election Day lower than the national average.4
are not permitted to receive a ballot in the
mail. Automatic, no-excuse absentee voting
functions as a long-term standing request for an absentee ballot. However, citizens
would not need to fulfill the current criteria for absentee voting.

Washington State has implemented this program. Voters may request absentee ballots
for all future elections during registration, with no additional requirements. Due to the
popularity of this program, several counties conduct their elections solely through the
mail, though state law still allows in-person voting. Youth turnout in Washington is 5%
higher than the national average.5 In Oregon, all elections are conducted by mail, and
youth turnout is 8% higher than the national average.6

Analysis
Young voters may fail to vote in elections because they miss the absentee ballot re-
quest period, are unaware of upcoming elections, or are unable to go to the polls.
These problems particularly apply to local and special elections, which generate less
press coverage, and to students who attend college out-of-state. By requesting an ab-
sentee ballot for all future elections, youth are notified of every election. In addition,
they may research candidates’ platforms before voting, decreasing blind, uninformed
voting.

When Oregon implemented “mail-only” voting, the costs of running elections decreased
by 20%, because counties no longer had to maintain polling stations on Election Day.7

22
In the 2000 primary election, the first presidential primary after the switch, the cost of
the election was $583,791 less than the estimated $3,396,272.8 If this program achieves
sufficient popularity, the number of
polling locations may be reduced,
lowering the cost of holding elec- Talking Points
tions. • Receiving ballots in the mail ensures that a
voter is less likely to forget upcoming election
dates or miss absentee ballot request periods.
Next steps • Implementing automatic, no-excuse absentee
Implementation requires a two- voting reduces the cost of elections by up to
part bill. The special requirements 20%.9
for requesting an absentee ballot • Voters enrolled in a no-excuse automatic ab-
should be eliminated, so that any sentee ballot program are less likely to see un-
registered voter is able to vote familiar names on the ballot, as they have the
by absentee ballot for any elec- opportunity to research all candidates before
tion. Also, voter registration forms mailing the ballot.
should be amended to include the
option of requesting an absentee
ballot for all future elections.

Endnotes
1. Carrie Donovan, Mark Hugo Lopez, and Jared Sagoff, “Youth Voter Turnout in the States during the
2004 Presidential and 2002 Midterm Elections”. July 2005, 3.
2. Ibid.
3. Ibid.
4. FairVote. “Vote By Mail”. <http://archive.fairvote.org/turnout/mail.htm> April 26, 2010
5. Carrie Donovan, et all. “Youth Voter Turnout in the States during the 2004 Presidential and 2002 Mid-
term Elections”.
6. Ibid.
7. FairVote. “Vote By Mail”.
8. Common Cause. “Getting it Straight for 2008.” Common Cause, 2008. Print. 6.
9. Carrie Donovan, et all. “Youth Voter Turnout in the States during the 2004 Presidential and 2002 Mid-
term Elections”.

23
Automatic Enrollment in Illinois
Re-Entry Programs
John Haak, Benjamin Sanders, and Jamie Weil, Northwestern University

Illinois prisoners should be automatically enrolled in re-entry programs upon release

in order to increase participation in these programs and reduce recidivism rates.

Adult prisoner recidivism rates in

Key Facts
Illinois are 51.8 percent, as of the • In 2003 adult recidivism in the state of Illinois
most recent count, meaning that was at a rate of 54.4%, in 2004 it was at rate of
over 20,000 of the adults released 54.6%, and in 2005 it was at a rate of 51.8%.4
from Illinois prisons each year will • Recidivism rates are substantially lower among
return to correctional facilities at individuals who enter re-entry programs after
some point.1 Not only is this a exiting prison.
burden on the community, it is a • Among graduates of the Sheridan program (an Il-
burden on Illinois’s budget; the an- linois based reentry program) within its first two
years, recidivism rates were nearly 40% lower.5
nual cost to the state of incarcer-
• Annual costs per prisoner in Adult Transitional
ating just one prisoner is $23,394.2 Centers (ATC) range from $18,245 to $44,725.6
A recent survey found that one • •Annual costs per prisoner in Adult Correctional
year after release, only 24 percent Facilities range from $16,321 to $64, 116.7
of ex-convicts were employed full
time.3 In order to lessen the bud-
get strain, programs that help prisoners re-enter society should be expanded. If pris-
oners are automatically enrolled in re-entry programs, with the option of opting-out,
then more will enroll and recidivism rates may begin to decrease. Adult prisoners will
re-enter society with fewer problems than those who did not participate in a program,
and will be able to obtain jobs more easily and sustain themselves. Since recidivism
rates are lower for prisoners who participated in programs, the State of Illinois will ulti-
mately spend significantly less money on detention centers.

Analysis
There are a host of barriers that stand in the way of effective implementation. The
first and most formidable is the availability of reentry programs. With the thousands of
people reentering society, it is one thing to have them signed up for a program, but it
is another thing completely to make sure quality programming is available. The answer
to any lack of programming cannot be wait lists, as this essentially negates the benefits
of a reentry-training program. The real solution to a dearth in reentry program avail-
ability is to find a model program and provide funding for the creation of new ones
and expansion of the existing ones. Rather than providing felons with the information
about programs in their area, any person leaving prison will have to sign a form so as
to not be automatically enrolled in the program nearest to where they are moving. As
these programs already have a process for enrolling, one will not have to be created.
The state will simply have to become the actor in the sign up process. This should be
simple, fast, and inexpensive.

24
Stakeholders
This policy would benefit ex-con-
victs who cannot find work and
revert to crime after release from
prison. It will also benefit residents
of neighborhoods that are heav-
ily populated with ex-prisoners
because crime will decrease once
prisoners are readjusted to society.
Lastly, Adult Transitional Centers
(ATCs) will benefit from increased
usage.
Talking Points
• Adult prisoner recidivism rates are up to 40%
lower for graduates of re-entry programs.8
• Re-entry programs will help increase employ-
ment rates among ex-convicts.
• Although some ATCs may be more costly to
the state than prison annually time spent in
an ATC is shorter than in a prison (24 months
is a common maximum for ATC stays), so long-
term costs decrease.
• One year after release, only 24% of ex-con-
victs reported being employed full time.9

Next Steps
Illinois State Legislature should work to implement the policy of opt-out re-entry pro-
grams. To do so, public and private ATCs must be expanded to accommodate more
prisoners. Also, funding should be reallocated to ATCs. The state must become a
facilitator in the sign-up process to enroll all prisoners.

Endnotes
1. Community Safety and Reentry Working Group, “Inside Out: A Plan to Reduce Recidivism and Improve
Public Safety,” by Jesse Jackson and Kevin Lyons, 2006, <http://www.idoc.state.il.us/subsections/re-
ports/other/Governor’s%20%20Reentry%20Commission%20Report%20FINAL.pdf> (25 April 2010).
2. Michael P. Randle. “IDOC Financial Impact Statement,” 2008, <http://www.idoc.state.il.us/subsections/
reports/financial_impact_statements/Financial%20Impact%20Statement-FY2008.0001.pdf> (25 April
2010).
3. Vera Kachnowski. “Returning Home Illinois Policy Brief: Employment and Prisoner Reentry,” Urban
Institute and Justice Policy Center, August 2005.
4. Community Safety, “Inside Out: A Plan to Reduce Recidivisim and Improve Public Safety.”
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Vera Kachnowski. “Returning Home Illinois Policy Brief: Employment and Prisoner Reentry,”.

25
Correcting the Inequality in FIFA Decision
Making and Hosting the World Cup
Brian Bartle, Michigan State University

The current structure of the Fédération Internationale de Football Association (FIFA)

and its World Cup criteria places a disproportionate amount of power within the
FIFA presidency and wealthy nations who host the World Cup, reinforcing European
and South American dominance as well as the organization’s capitalist interests.

Fédération Internationale de Football Associa-

tion (FIFA) was established as a governing body
to promote and standardize football across the
globe. Yet FIFA now “governs a global business
comprising ‘shifting alliances of marketing com-
panies, media networks, multinational corpo-
rations and opportunist technocrats.’”5 These
commercial interests have seeped into the World
Cup and its selection process, leading to an in-
crease in infrastructure and technology require-
ments for host countries that inherently favors
wealthier nations. FIFA needs to increase demo-
cratic consolidation in the organization’s govern-
ing body and provide financial aid to countries
hosting the World Cup, generating more equality
within the organization and shielding FIFA’s deci-
sion making from commercial interests.
Key Facts
• FIFA generates around $250
billion USD annually, making it
larger than General Motors, and
employs 200 million workers.1
• FIFA garners 94-97% of their
revenues from the World Cup
by selling marketing rights like
broadcasting rights.2,3
• Africa and Asia represent the
largest potential markets for
FIFA. Television broadcasting
rights revenues in Asia and North
Africa from 86 million USD in
2007 increased to 113,183,000
USD in 2008.4

Analysis
The first task in correcting the democratic deficiencies in FIFA is wrestling power away
from the FIFA president to the FIFA congress. While FIFA has opened itself up beyond
Europe and South America, in doing so it also consolidated power within the execu-
tive to push through reforms. Now that FIFA has been restructured, there needs to be
a push for further democratic consolidation within the organization, starting with the
redistribution of power from the executive to the congressional body. A complimentary
step to the redistribution of power within FIFA is an increase in transparency in the or-
ganization. This combination of steps would create more accountability in the organiza-
tion, especially in preventing commercial interests from holding disproportional weight
in FIFA’s decision making.

FIFA also needs to restructure the hosting process of its most prized possession, the
World Cup. As it stands now, the World Cup reinforces the power imbalance found
in FIFA with the selection criteria favoring Europe and South America. With the in-
frastructural, stadium, and technological criteria set by FIFA for countries to host the
World Cup, the selection process is drastically impartial toward European countries.
Even though South Africa and Mexico were formerly selected to host World Cups, the
infrastructural and other expenditures left lasting financial burdens. South Africa is a

26
prime example of a country burdened
Talking Points
with financial hardship after hosting the • FIFA’s decision making power primarily re-
World Cup in Cape Town. Cape Town sides in the presidency over the congress
chose to have its World Cup venue in creating a democratic deficiency.
the township of Athlone to promote • Even with increasing technological and in-
more development in the impoverished frastructural criteria for hosting the World
community. FIFA decided that Athlone Cup, FIFA offers no financial assistance to
did not provide the aesthetic qualities hosting countries, creating a situation that
that are desirable for commercial inter- favors wealthier candidates.
• Increasing the power of the FIFA congress
ests. FIFA then forced Cape Town to
and granting financial assistance to host
settle on a new stadium in Green Point. nations would ameliorate FIFA’s demo-
Though the decision improved the mar- cratic deficiency and impartiality in the
ketability of Cape Town and the World World Cup selection process.
Cup, it sacrificed Athlone’s develop-
ment potential. Furthermore, the new
stadium has held no other games since
the World Cup and is estimated to be a R10-R12 million South African Rand annual
financial burden on South Africa.6 To promote equality in hosting the World Cup, FIFA
should allocate a portion of World Cup revenues to offset the technological, infrastruc-
tural and stadium costs that deter most countries from hosting the event.7

Next Steps
Through the restructuring of FIFA’s governing body, it is up to the Confédération Afric-
aine de Football (African Football Confederation or CAP) and the Asian Football Con-
federation, with their large representation in FIFA’s governing body, to further equality
in the organization. The CAP alone represents almost a quarter of FIFA’s governing
body and with its renewed prominence in FIFA they have the most to gain , along with
AFC, and the most to lose in regards to increased equality in the organization if FIFA
does not restructure. Increased democratic consolidation and transparency within
FIFA, pushed by the CAF and the AFC, is the first stop in alleviating major structural
issues within FIFA. This should be followed in orchestrated precession with making the
World Cup more accessible to be hosted by more countries. Still, these restructuring
ideas are merely steps, not end goals, to the issue of global representation in FIFA. Like
every international organization, FIFA too must constantly adapt to the ever-changing
global dynamics as well as keeping up with the rapid evolution of the game of football.

Endnotes
1. Peter Alegi, “’Feel the Pull in Your Soul’: Local Agency and Global Trends in South Africa’s 2006 World
Cup Bid.” Soccer and Society 2.3 (2001): 1-21.
2. Franco Carraro, “FIFA Financial Report 2008.” Rep. FIFA Congress, 17 Mar. 2009. Web. 11 May 2010.
<www.fifa.com>.
3. Ibid.
4. Ibid.
5. Peter Alegi, African Studies 67.3 (2008).
6. Brown, Oliver. “South Africa’s Gem is In Danger of Losing its Luster.” The Daily Telegraph [London] 6
Oct. 2009.
7. Alegi, Peter. “’A Nation To Be Reckoned With’: The Politics of World Cup Stadium Construction in Cape
Town and Durban, South Africa.” African Studies 67.3 (2008).
8. John Peter Sugden, “FIFA and the Contest for World football Who rules The People’s Game?” Cam-
bridge, UK: Polity, Blackwell, 1998.

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Roosevelt Review Preview:
Mixed-Member Proportional Representation -
Fixing the “People’s House”
William Organek, Columbia University

Abstract
As “the People’s House,” the US House of Representatives is supposed to be the most
representative organ of the Federal government, matching the composition of the
country more closely than any other branch, elected or appointed. Yet, our electoral
system – the single-member district, first-past-the-post system (collectively known as
the winner-take-all, or WTA, system), ensures that the House is incredibly unrepre-
sentative, in almost every way imaginable. Voter turnout is low, incumbency rates are
stratospheric, women and minorities have extremely difficult times getting elected, and
voters are constantly placed in the difficult position of “sincere vs. sophisticated vot-
ing,” where voters must choose lesser-of-two-evils candidates, or be forced to either
waste their vote, or worse, vote for a spoiler candidate who in turn causes the election
of the voter’s least-preferred candidate. Finally, our WTA system is the most direct
cause of the two-party monopoly, which leaves entire parts of the ideological spectrum
unrepresented, thus leaving many voters dissatisfied and apathetic, and contributing
significantly to the low turnout rate in elections.

After a discussion of these issues, a form of proportional representation (PR) known

as mixed-member proportional representation (MMP) is suggested as a way to remedy
this situation. First, an explanation of how PR systems generally can remedy many of
the problems associated with the WTA system is furnished, followed by an explanation
of a major flaw of a pure PR system. Next, the MMP system is explained, as a compro-
mise between the WTA and pure PR systems, which overcomes many of the problems
of each. Finally, legal and institutional barriers to implementing an MMP system are
discussed, and solutions are suggested for each.

To read more, visit www.rooseveltinstitute.org for the full white paper,

part of the forthcoming Roosevelt Review.

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www.rooseveltcampusnetwork.org