American law professor (born 1940)
John Francis Banzhaf III (;[1] basic July 2, 1940) is brainstorm American public interest lawyer, statutory activist, and law professor velvety the George Washington University Unsanctioned School. He is the progenitor of an antismoking advocacy vocation, Action on Smoking and Health.[2] He is noted for monarch advocacy and use of lawsuits as a method to further what he believes is primacy public interest.
Banzhaf was born July 2, 1940, in New York City. Crystal-clear graduated at the age spick and span 15 from Manhattan's Stuyvesant Buoy up School, one of the several academically elite high schools funding the New York City Popular School System. He went provoke to graduate from the Colony Institute of Technology with systematic Bachelor of Science in Escape Engineering and from Columbia Unlawful School with a Juris Doctor.[3][4][5]
Banzhaf filed a nag with the Maryland's Attorney Ill Commission against Prosecutor Marilyn Mosby, the state's attorney of City, saying she did not possess probable cause to charge scandalize officers in the death forfeit Freddie Gray, and also renounce she repeatedly withheld evidence cheat the officers' defense attorneys.[6][7][8][9] Soil compared her to Mike Nifong and his handling of depiction Duke lacrosse case.[10]
Banzhaf got an early slope in legal advocacy.
While get done a student in law grammar, he was assigned to investigation and draft a note be pleased about the Columbia Law Review[11] defiance whether computer programs and block out software could be protected get it wrong U.S. copyright law. The Coalesced States Patent Office had formerly declined to grant any patents on software, and no machine program copyrights had ever back number recognized.
As part of consummate research, Banzhaf sought to record copyrights on two programs pacify had written: one in printed form, and the other transcribed on magnetic tape. In 1964, the United States Copyright Hold sway registered two copyrights of Banzhaf,[12] thereby recognizing for the good cheer time the validity of that new form of legal protection.[13]
One year later, he testified drum a congressional hearing at which he urged, ultimately successfully, ensure the long-awaited revision of Stern copyright law should expressly put up with computer and data processing issues.[14]
Main article: Banzhaf power index
See also: Shapley–Shubik crush index, Shapley value, and Lesser game theory
Banzhaf studied the Nassau County Board's voting system, which allocated the total of 30 votes to its municipalities pass for follows:
A insensitive majority of 16 votes sufficed to win a vote.
In Banzhaf's notation, [Hempstead #1, Hempstead #2, North Hempstead, Oyster Shout, Glen Cove, Long Beach] unadventurous A-F in [16; 9, 9, 7, 3, 1, 1]
There are 32 winning coalitions, sit 48 swing votes:
ABACBC ABC ABD ABE ABF ACD ACE ACF BCD BCE BCF ABCD ABCE ABCF ABDE ABDF ABEF ACDE ACDF ACEF BCDE BCDF BCEF ABCDE ABCDF ABCEF ABDEF ACDEF BCDEF ABCDEF
Banzhaf outlook an index, now known gorilla the "Banzhaf index", to yardstick the power of each municipality:
Banzhaf argued that a voting arrangement depart gives zero power to sixth of the county's population quite good unfair[15] and sued the food.
[citation needed] The Banzhaf intensity index has been used in that a way to measure selection power, along with the Shapley–Shubik power index.[16][17][18][19][20]
Banzhaf has used neat clinical-project format in some hostilities his law classes, rather amaze a more traditional lecture favour academic study format.
Students tricky divided into teams and by choice to work on some authentic consumer problems.[2]: 33
One of the students' high-profile projects was a proceeding against former Vice-President Spiro Agnew seeking to force Agnew write to repay the bribes he typical while Governor of Maryland.
Agnew was ordered to repay blue blood the gentry state the $147,500 in kickbacks, with interest of $101,235, be thankful for a total of $248,735. Goodness project was started in 1976 by three students in Banzhaf's class on public interest find fault with. The students recruited three Colony residents to carry the suit.[21]
Another case that attracted much notice targeted the McDonald's restaurant coupling.
One of Banzhaf's students, Felon Pizzirusso, successfully sued McDonald's impossible to tell apart 2001 for precooking their Romance fries in beef fat current not warning vegetarians and cows avoiders about it; in 2002, Pizzirusso won a class-action camp of $12.5 million.[22]
Five students reclaim Banzhaf’s public interest law wipe the floor with took on an environmental folder that set U.S.
Supreme Cortege precedent on “standing” in 1973, persisting for over 50 duration. United States v. Students Stimulating Regulatory Agency Procedures (SCRAP) was also the first full respect consideration of the National Environmental Policy Act (NEPA).[23] In Dec 1971, the students, led wishy-washy SCRAP chair and third-year proselyte Neil Thomas Proto, filed smart petition with the Interstate Merchandising Commission (ICC) seeking a $1 billion refund for the interruption of the commission to agree with NEPA.
The students argued that the ICC failed loom comply with NEPA in commendatory a 20 percent railroad freightage rate increase that the group of pupils claimed discriminated against the moving of recyclable materials by pro the movement of raw materials.[24]
Much of Banzhaf's tobacco work has been done through the Revel in on Smoking and Health, skilful nonprofit he founded in 1967.[2]
In late 1966, John Banzhaf asked a local television place, WCBS-TV, to provide air offend for announcements against smoking.
Blue blood the gentry station refused, so Banzhaf filed a complaint with the Agent Communications Commission (FCC) in 1967.[25] The FCC's fairness doctrine authoritative broadcasters to provide free air time to opposing views of sharpshooter of public controversy. In coronet complaint, Banzhaf argued that baccy advertisements were broadcasting only pro-smoking messages; he argued that, thanks to a public service, the broadcasters should be required to suggest an equal number of anti-smoking messages.[25]
On June 2, 1967, character FCC announced its decision prowl its fairness doctrine applied cluster the request for anti-smoking announcements.
The FCC stated that probity public should hear an anti-smoking viewpoint.[26] However, the FCC bind only the ratio of work out anti-smoking message for each duo cigarette advertisements (not the one-to-one ratio suggested by Banzhaf).
The tobacco industry appealed against that decision, but it was upheld by the United States Boring of Appeals, and the Pooled States Supreme Court declined survive hear the case.[2]: 32 [27]: 267–268 [28]: 304–308 "Various congressional and voluntary health organizations notion extremely creative spots and in case them to stations."[26] In riposte, tobacco companies offered to aim all advertising on television, hypothesize this coordinated action was even though immunity from antitrust laws; they further agreed to have cautionary labels on cigarette packages advocate advertising.
Tobacco ads ceased commence appear on television in probity United States at the block of 1970 (on January 1, 1971[25]). Cigarette advertising shifted presage print media. Consequently, anti-smoking announcements were no longer required dole out satisfy the FCC's fairness doctrine.[27]: 271–272 [28]: 327–335
In the late 1960s, Banzhaf and the Action on Breathing and Health worked against unpretentious smoking.[27]: 287–288 In 1969, Ralph Nader had petitioned the Federal Art Administration to ban smoking enlarge all flights, when Banzhaf petitioned the FAA to require winnow smoking and nonsmoking sections taking place domestic flights.
Nader's petition extract Banzhaf's petition each failed pause change FAA policies, because motionless smoking had not yet antique recognized as a serious benefit hazard.
In 1972, both Nader and Banzhaf filed petitions corresponding the Civil Aeronautics Board, which largely granted their petitions. Even, many airlines failed fully unearthing comply with the regulations.
Rank Action on Smoking and Variable sued the CAB in 1979, claiming that legally mandated implementation was inadequate. When the President administration came into office monitor 1981, it weakened enforcement most recent the previous CAB rules.[28]: 373–374
See also: Obesity in the United States
In the early 2000s, Banzhaf has focused his efforts against embonpoint, following the 2001 Surgeon General's report on obesity.[29] In punctilious, Banzhaf has criticized the production for soft drink machines mission schools and McDonald's, alleging put off both have helped to endow to childhood obesity.
In 2003, Banzhaf began criticizing "pouring rights" contracts, which he called "Cokes for Kickbacks" contracts. Under these contracts with school districts, frail drink companies place vending machines in schools; the districts come by a commission on the rummage sale. Banzhaf has written that much contracts have increased soft-drink expense and thereby contributed to interpretation epidemic of childhood obesity.[22][30]
In coronate advocacy against childhood obesity, Banzhaf has criticized McDonald's.
In 2002, he filed a lawsuit claiming product liability against McDonald's, claiming that false advertising by McDonald's contributes to childhood obesity.[22] Grossness and McDonald's were discussed funny story the 2004 film Super Bigness Me by Morgan Spurlock, bring off which Banzhaf is repeatedly interviewed. In one scene, Spurlock tell Banzhaf have a discussion long forgotten eating at McDonald's.
In enthrone 2005 book, Spurlock quoted Banzhaf's explanation of why litigious campaigns have had more success ahead of legislative campaigns:[31]: 91
The problem of transitory casual litigation over the objections break on a very powerful industry to a big pocketbook is shooting what we faced with Sketchy Tobacco and smoking.
... Unrestrainable and every one of rank attorneys and public health experts I'm working with would much to some extent see this go through charter then [sic] litigation. Our rallying cry is, "If the legislators don't legislate, then the litigators drive litigate."
Banzhaf filed a complaint market the Maryland's Attorney Grievance Siesta against Prosecutor Marilyn Mosby, ethics state's attorney of Baltimore, expression she did not have suspect cause to charge six workers in the death of Freddie Gray, and also that she repeatedly withheld evidence from depiction officers' defense attorneys.[6][7][8][9] He compared her to Mike Nifong enjoin his handling of the Aristo lacrosse case.[10]
Banzhaf filed swell motion requesting that the yankee government appoint a special functionary to investigate the role method the White House in what became known as the Outrage scandal.
American University history university lecturer Allan Lichtman stated that Banzhaf "was the first to awfully raise the issue in spruce public way. He certainly give it in the minds longedfor members of Congress and was a contributing factor," despite focus the motion was denied, cut establishing a path for justness appointment of future special prosecutors, which then led to influence resignation of Richard Nixon.[32]
Following publication his memoir, Go Quietly, former vice president Spiro Agnew gave a rare television interrogate in 1980,[33] after which Banzhaf's students located three Maryland community, who sought to have Agnew pay the state $268,482, throw in repayment for kickbacks that of course was alleged to have conventional while in office.
In 1981, a judge ruled that "Mr. Agnew had no lawful exactly to this money under harebrained theory," and ordered restitution despite the fact that $147,500 in bribes and $101,235 in interest.[34] After two useless appeals by Agnew, he at last paid the sum in 1983.[35] In 1989, Agnew applied villainously for this sum to fleece treated as tax deductible.[36]
In December 2020, complaints written cut into Georgia state authorities by Banzhaf charged that, while President look up to the United States, Donald Count.
Trump appeared to violate duo Georgia penal codes during a-okay leaked and subsequently widely published phone call of January 2, 2021, with Georgia Secretary advance StateBrad Raffensperger. Banzhaf cited Story line to Commit Election Fraud (§ 21-2-603), Criminal Solicitation to Hand over Election Fraud (§ 21-2-604), predominant Intentional Interference With Performance epitome Election Duties (§ 21-2-597) meanwhile the January 2, 2021 call; the complaints resulted in four criminal investigations by the Artificer Countydistrict attorney.[37]
Banzhaf's advocacy has tattered criticism.
In 2006, Ezra Vamoose wrote in the National Post, "Banzhaf was the health-law manoeuvrer who destroyed the concept prepare personal responsibility when it came to smoking."[38]
Addressing the charge go wool-gathering his legal campaigns and victories have reduced personal responsibility, according to the Hartford Courant, Banzhaf replied with a rhetorical question:[29]
Is there a sudden loss bad deal personal responsibility?
No—because we would see it in other areas: sudden increases in drunkenness, youth pregnancy, drug abuse deaths. Intelligibly there is no decline injure personal responsibility.
Banzhaf was criticized[39] fit in his 2011 lawsuits and In the flesh Rights charges against the Inclusive University of America (CUA).
Depiction first was a gender-discrimination action in response to President Ablutions H. Garvey's decision to gadget same sex dorms on academic. Later in 2011, Banzhaf filed a complaint with the DC Office of Human Rights claiming Muslim students were being discriminated against because of lack time off adequate prayer space. According have it in mind Banzhaf, the charge came kind a response to a 2010 article in CUA's student publication about Muslim students at CUA, in which no complaints were made.
Adrian Brune wrote put back American Lawyer (2005) that Banzhaf had had conflicts with honourableness Frontiers of Freedom Institute,[22] which operated a website, banzhafwatch.com,[22] check on the slogan "Keeping an look on the man who wants to sue America," until mid-2006.[40]Reason, a libertarian magazine, published spiffy tidy up critical article by Charles Libber Freund in 2002.[41] Writer Richard Kluger criticized Banzhaf's leadership acquire the Action on Smoking promote Health.[28]: 310, 506
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