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User:Knope7/sandbox/Ruth Bader Ginsburg

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Early life

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Born in Brooklyn, New York City, Ruth Joan Bader is the second daughter of Nathan and Celia (née Amster) Bader, Russian-Jewish immigrants, who lived in the Flatbush neighborhood.[1] The Baders' older daughter, Marylin, died at age 6 when Ruth was still young.[2][3] The family nicknamed Ruth "Kiki".[4] They belonged to the East Midwood Jewish Center. At age thirteen, Ruth acted as the "camp rabbi" at a Jewish summer program at Camp Che-Na-Wah in Minerva, New York.[4]

Her mother took an active role in her education, taking her to the library often.[4] As a young girl Ruth's mother spurred on her education. Celia had been a good student in her youth, graduating from high school at age 15, yet could not further her own education because her family chose to send her brother to college instead. Celia wanted to see her daughter get more of an education, which she thought would allow Bader to become a high school history teacher.[5] Bader attended James Madison High School, whose law program later dedicated a courtroom in her honor. Her mother struggled with cancer throughout Bader's high school years and died the day before her graduation.[4]

Bader attended Cornell University in Ithaca, New York, where she was a member of Alpha Epsilon Phi.[6] While at Cornell she met Martin D. Ginsburg at age 17.[5] She graduated from Cornell with a Bachelor of Arts degree in government on June 23, 1954.[6] Bader married Martin Ginsburg a month after her graduation from Cornell, and followed her new husband to Fort Sill, Oklahoma where he was stationed as an ROTC Officer in the Army Reserve called up for active duty.[7][8][5] At age 21, she worked for the Social Security office in Oklahoma where she was demoted after becoming pregnant with her first child.[3][9] She gave birth to a daughter in 1955.[3]

In fall 1956, she enrolled at Harvard Law School, where she was one of nine women in a class of about 500.[10][11] The Dean of Harvard Law reportedly asked the female law students, including Ginsburg, “How do you justify taking a spot from a qualified man?”[5] When her husband took a job in New York City, she transferred to Columbia Law School and became the first woman to be on two major law reviews, the Harvard Law Review and the Columbia Law Review. In 1959 she earned her Bachelor of Laws at Columbia and tied for first in her class.[4][12]

Early career

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At the start of her legal career, Ginsburg faced difficulty finding employment being a wife, a mother of a five-year old daughter, and jewish.[13][14][15] In 1960, despite a strong recommendation from a dean of Harvard Law School, Supreme Court Justice Felix Frankfurter turned down Ginsburg for a clerkship position because of her gender.[16][17][b] Later that year, Ginsburg began a clerkship for Judge Edmund L. Palmieri of the U.S. District Court for the Southern District of New York, a position she held for two years.[3][4]

Academia

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From 1961 to 1963, she was a research associate and then associate director of the Columbia Law School Project on International Procedure, learning Swedish to co-author a book with Anders Bruzelius on civil procedure in Sweden.[18][19] Ginsburg conducted extensive research for her book at Lund University in Sweden.[20] Ginsburg's time in Sweden also influenced her thinking on gender equality. Ginsburg was inspired observing the changes in Sweden where women were 20-25% of all law students and one of the judges Ginsburg watched for her research was eight-months pregnant and still working. [5]

Her first position as a professor came at Rutgers Law School in 1963.[21] The position was not without its drawbacks; Ginsburg was informed she would be paid less than her male colleagues because she had a husband with a good paying job.[15] At the time Ginsburg entered academia, she was one of less than twenty women law professors in the United States.[21] She was a professor of law, mainly Civil Procedure, at Rutgers from 1963 to 1972, receiving tenure from the school in 1969.[22][23] In 1970 she co-founded the Women's Rights Law Reporter, the first law journal in the U.S. to focus exclusively on women's rights.[24]

From 1972 until 1980, she taught at Columbia, where she became the institution's first tenured woman and co-authored the first law school casebook on sex discrimination.[23]

"Ginsburg swept away all such misgivings by establishing a solid reputation for the painstaking accuracy of her work, the intellectual depth of her legal concepts, and the strength and clarity of her vision of women's rights as human rights."[21]

Litigation and advocacy

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In 1972, Ginsburg co-founded the Women's Rights Project at the American Civil Liberties Union (ACLU) and, in 1973, she became the ACLU's General Counsel.[25] The Women's Right Project and related ACLU projects participated in over 300 gender discrimination cases by 1974. As the director of the ACLU's Women's Rights Project, she argued six gender discrimination cases before the Supreme Court between 1973 and 1976, winning five.[26] Rather than asking the Court to end all gender discrimination at once, Ginsburg charted a strategic course, taking aim at specific discriminatory statues and building on each successive victory.[23] She also chose plaintiffs carefully, at times picking male plaintiffs to demonstrate that gender discrimination was harmful to women and men[26][23] The laws Ginsburg targeted include those which on the surface appeared beneficial to women but in fact reinforced the notion that women needed to be dependent on men.[26] Her strategic advocacy extended to word choice, favoring the use of "gender" instead of "sex," after her secretary suggested the word sex would serve as a distraction to judges.[27] She attained a reputation as a skilled oral advocate and her work directly led to the end of gender discrimination in many areas of the law.[28]

Ginsburg volunteered to write the brief for Reed v. Reed, 404 U.S. 71 (1971), wherein the Supreme Court extended the protections of the Equal Protection Clause to women for the first time.[27][29][c] She argued and won Frontiero v. Richardson, 411 U.S. 677 (1973), which challenged a statute making it more difficult for a female service member to claim an increased housing allowance for her husband than for a male service member seeking the same allowance for his wife. Ginsburg argued the statute treated women as inferior, and the Supreme Court ruled 8-1 in Ginsburg's favor.[26] The Court again ruled in Ginsburg's favor in Weinberger v. Wiesenfeld, 420 U.S. 636 (1975), where Ginsburg represented a widower denied survivor benefits under Social Security, arguing it discriminated against female workers the same protection as their male counterparts.[31] Ginsburg filed a brief for the case Craig v. Boren,  429 U.S. 190 (1976), challenging an Oklahoma statute imposing different minimum drinking ages for men and women. The Court imposed what is known as "intermediate scrutiny" on laws discriminating based on gender, that is the government needed to show an compelling interest in imposing the gender based classification.[26] Her last case as a lawyer before the Court was 1978's Duren v. Missouri, 439 U.S. 357 (1979), which challenged the validity of voluntary jury duty for women. In Ginsburg's view, women's participation in a government service as vital as jury duty should not be optional. At the end of Ginsburg's oral presentation, then-Associate Justice William Rehnquist asked Ginsburg, "You won't settle for putting Susan B. Anthony on the new dollar, then?"[32] Ginsburg said she considered responding "We won't settle for tokens," but instead opted not to answer the question.[32] Although Ginsburg never received a seminal ruling banning all gender based discrimination, her legal scholars and advocates credit Ginsburg with significant legal advances for women under Equal Protection Clause of the Constitution and discouraged legislatures from treating women and men differently under the law.[27][26][31] Ginsburg continued to work on the ACLU's Women's Rights Project until her appointment to the Federal Bench in 1980.[23]

Jurisprudence

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Search and Seizure

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Justice Ginsburg has written notable search and seizure opinions for the Court.

Although Ginsburg did not author the majority opinion, she was credited with influencing her colleagues on the case Safford Unified School District v. Redding. http://www.nytimes.com/2009/06/26/us/politics/26scotus.html?_r=0 During oral argument, Ginsburg suggested her colleagues, at the time all men, did not understand the effect of a strip search on a 13 year old girl.

Potential Sources: VMI http://www.washingtonpost.com/wp-srv/local/longterm/library/vmi/court.htm , series of opinions https://www.law.columbia.edu/law_school/communications/reports/winter2004/opinions

Gradualism in Crim Pro http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1578490 ; Strip search violates child's rights http://www.nytimes.com/2009/06/26/us/politics/26scotus.html?_r=1 ; Traffic stop http://www.latimes.com/nation/la-na-court-traffic-stops-20150421-story.html ; http://www.scotusblog.com/2015/04/opinion-analysis-traffic-stops-cant-last-too-long-or-go-too-far-and-no-extra-dog-sniffs/

Fourth Amendment--

In Herring v. United States, 555 U.S. 135 (2009), Ginsburg dissented to the Court's decision to not suppress evidence due to a police officer's failure to update a computer system. In contrast to Justice Robert's emphasis on suppression as a means to deter police misconduct, Ginsburg took a more robust view on the use of suppression as a remedy for a violation of a defendant's Fourth Amendment rights. Ginsburg viewed suppression as a way to prevent the government from profiting from mistakes, and therefore as a remedy to preserve judicial integrity and respect civil rights. [33]: 308  She also rejected Robert's assertion that suppression would not deter mistakes, contending making police pay a high price for mistakes would encourage them to take greater care.[33]: 309 

Commerce Clause

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Justice Ginsburg wrote the majority opinion upholding the Affordable Care Act as a permissible use of governmental powers under the Commerce Clause.

In Rodriguez v. United States, the majority held that police could not prolong a traffic stop beyond the time need to complete it's mission to employ a drug sniffing dog. http://www.scotusblog.com/2015/04/opinion-analysis-traffic-stops-cant-last-too-long-or-go-too-far-and-no-extra-dog-sniffs/

Death Penalty

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Ginsburg joined Justice Breyer's dissent in Glossip v. Gross asserting the death penalty should be abolished.[34]

Civil Procedure

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Equal Protection

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Gender Discrimination

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Ginsburg authored the Court's opinion in United States v. Virginia which struck down the Virginia Military Institute's (VMI) male only admissions policy as violating the Equal Protection Clause of the Fourteenth Amendment.[35] http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1020&context=facpubs VMI was a prestigious state run military inspired institution which did not admit women. Ibid. For Ginsburg, a state actor such as VMI could not use gender to deny women the opportunity to attend VMI with its unique educational methods. Ibid. Ginsburg emphasized that the government must show an "exceedingly persuasive justification" to use a classification based on sex.[36]

Ginsburg found herself in dissent on Ledbetter v. Goodyear. Ginsburg called upon Congress to take action. The Court interpreted the statute of limitations on a discrimination action as starting to run at the time of every pay perioed, that is, the Court required a woman to act within a limited time period after she received a paycheck that was less than her male colleagues, even if she did not know she was being paid less as a woman. Ginsburg found the result absurd, pointing out that women often do not know they are being paid less, and therefore it was unfair to expect them to act. the Following the 2008 election, which elected Barack Obama to the presidency and democratic majorities in both houses of Congress, the Ledbetter Act became law. Ginsburg was given credit for helping to inspire the law.http://www.usatoday.com/story/news/nation/2013/07/31/ginsburg-female-justices-no-shrinking-violets-/2606239/

International law

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Ginsburg supports using foreign interpretations of law for the persuasive value and possible wisdom, not as something which the court is bound to follow.[37] Ginsburg has expressed the view that looking to international law is well ingrained in tradition in American law, counting John Henry Wigmore and President John Adams as internationalists.[38] Ginsburg's own reliance on international law dates back to her time as an attorney as during her first argument before the court, 1971's Reed v. Reed, she cited to two German cases.[39] In her concurring opinion in Grutter v. Bollinger, a decision upholding Michigan Law School's affirmative action admissions policy, Ginsburg noted there was accord between the notion that affirmative action admissions policies would have an end point and international treaties designed to combat racial and gender based discrimination.[40]

Personal life

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Physically weakened after treatment for colon cancer, Ginsburg began working with a personal trainer. Since 1999, Bryant Johnson, a former Army reservist attached to the Special Forces, has trained Ginsburg twice weekly in the justices-only gym at the Supreme Court.[41][42] In spite of her small stature, Ginsburg saw her physical fitness improve since her first bout with cancer, being able to complete 20 full push-ups in a session before her 80th birthday.[41][43]

[15]

Recognition

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Ginsubrg was named one of the American Lawyer's "Lawyers of the Century" in 1999.[21] According to the magazine, "Ginsburg in large part created the intellectual foundations of the present law of sex discrimination."[21]

Ginsburg Precedent

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Ginsburg's name was later invoked during the confirmation process of John Roberts. Ginsburg herself was not the first nominee to avoid answering certain specific questions before Congress,[d] and as a young lawyer in 1981 John Roberts had advised against Supreme Court nominees giving specific responses. Nevertheless, some conservative commentators and Senators invoked the phrase "Ginsburg precedent" to defend Roberts demurrers.[45]Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Democrats had taken issue with Roberts' refusal to answer certain questions, saying Ginsburg had made her views very clear, even if she did not comment on some specific matters, and that because of her lengthy tenure as a judge, many of her legal opinions were already available for review.[citation needed]


Good article for Scalia friendship, cooking, appearance but terrible for confirmation hearing: Conroy, Scott (February 11, 2009). "Madame Justice". CBS News Sunday Morning. Retrieved January 1, 2012.</ref>

Trump controversy source: http://bigstory.ap.org/article/0da3a641190742669cc0d01b90cd57fa/ap-interview-ginsburg-reflects-big-cases-scalias-death

Notes

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  1. ^ According to Justice Ginsburg, Justice Justice William O. Douglas hired the first female Supreme Court clerk in 1944, and the second female law clerk was not hired until 1966.
  2. ^ According to Justice Ginsburg, Justice Justice William O. Douglas hired the first female Supreme Court clerk in 1944, and the second female law clerk was not hired until 1966.[13]
  3. ^ Ginsubrg listed Dorothy Kenyon and Pauli Murray as co-authors on the brief in recognition of their contributions to feminist legal argument[30]
  4. ^ Felix Frankfurter was the first nominee to answer questions before Congress in 1939. The issue of how much nominees are expected to answer arose during hearings for O'Connor and Scalia.[44]

References

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  1. ^ "Book Discussion on Sisters in Law" Presenter: Linda Hirshman, author. Politics and Prose Bookstore. BookTV, Washington. September 3, 2015. 27 minutes in. Retrieved September 12, 2015 C-Span website
  2. ^ Burton, Danielle (October 1, 2007). "10 Things You Didn't Know About Ruth Bader Ginsburg". US News & World Report. Retrieved February 18, 2014.
  3. ^ a b c d Margolick, David (25 June 1993). "Trial by Adversity Shapes Jurist's Outlook". New York Times. Retrieved 21 February 2016.
  4. ^ a b c d e f "Ruth Bader Ginsburg". The Oyez Project. Chicago-Kent College of Law. Retrieved August 24, 2009.
  5. ^ a b c d e Galanes, Philip (14 November 2015). "Ruth Bader Ginsburg and Gloria Steinem on the Unending Fight for Women's Rights". New York Times. Retrieved 9 July 2016.
  6. ^ a b Scanlon, Jennifer (1999). Significant contemporary American feminists: a biographical sourcebook. Greenwood Press. p. 118. ISBN 978-0-313-30125-4. OCLC 237329773.
  7. ^ "A Conversation with Ruth Bader Ginsburg at Harvard Law School". Harvard Law School. Retrieved 2014-02-22.
  8. ^ Hensley, Thomas R.; Hale, Kathleen; Snook, Carl (2006). ) The Rehnquist Court: Justices, Rulings, and Legacy. ABC-CLIO Supreme Court handbooks (hardcover ed.). Santa Barbara, CA: ABC-CLIO. p. 92. ISBN 1-57607-200-2. LCCN 2006011011. Retrieved 2009-10-01. {{cite book}}: Check |url= value (help)
  9. ^ http://www.dailykos.com/story/2016/1/17/1465772/-Ruth-Bader-Ginsburg-An-icon-for-the-millennial-generation
  10. ^ Ginsburg, Ruth Bader (2004). "The Changing Complexion of Harvard Law School" (PDF). Harvard Women's Law Journal. 27: 303. Retrieved December 9, 2012.
  11. ^ Anas, Brittany (September 20, 2012). "Ruth Bader Ginsburg at CU-Boulder: Gay marriage likely to come before Supreme Court within a year". Orlando Sentinel. Retrieved December 9, 2012.
  12. ^ Toobin, Jeffrey (2007). The Nine: Inside the Secret World of the Supreme Court, New York, Doubleday, p. 82. ISBN 978-0-385-51640-2
  13. ^ a b Cooper, Cynthia L. (Summer 2008). "Women Supreme Court Clerks Striving for "Commonplace"" (PDF). Perspectives. 17 (1): 18–22. Retrieved 9 July 2016.
  14. ^ "A Brief Biography of Justice Ginsburg". Columbia Law School. Retrieved 9 July 2016.
  15. ^ a b c Liptak, Adam (10 February 2010). "Kagan Says Her Path to Supreme Court Was Made Smoother by Ginsburg's". New York Times. Retrieved 9 July 2016.
  16. ^ Lewis, Neil (June 15, 1993). "The Supreme Court: Woman in the News; Rejected as a Clerk, Chosen as a Justice: Ruth Joan Bader Ginsburg". The New York Times. Retrieved October 5, 2010.
  17. ^ Greenhouse, Linda (August 30, 2006). "Women Suddenly Scarce Among Justices' Clerks". The New York Times (registration required). Retrieved June 27, 2010.
  18. ^ Ginsburg, Ruth Bader; Bruzelius, Anders (1965). Civil Procedure in Sweden. Martinus Nijhoff. OCLC 3303361.
  19. ^ Riesenfeld, Stefan A. (June 1967). "Reviewed Works: Civil Procedure in Sweden by Ruth Bader Ginsburg, Anders Bruzelius; Civil Procedure in Italy by Mauro Cappelletti, Joseph M. Perillo". Columbia Law Review. 67 (6): 1176–1178. doi:10.2307/1121050. JSTOR 1121050.
  20. ^ Bayer, Linda N. (2000). Ruth Bader Ginsburg (Women of Achievement). Philadelphia. Chelsea House. p. 46. ISBN 978-0-7910-5287-7.
  21. ^ a b c d e Hill Kay, Herma (2004). "Ruth Bader Ginsburg, Professor of Law". Colum. L. Rev. 104 (2): 2–20. Retrieved 9 July 2016.
  22. ^ "Biographical Directory of Federal Judges Ginsburg, Ruth Bader". Federal Judicial Center. Retrieved 25 February 2016.
  23. ^ a b c d e Toobin, Jeffrey (11 March 2013). "Heavyweight: How Ruth Bader Ginsburg has moved the Supreme Court". New Yorker. Retrieved 28 February 2016.
  24. ^ "About the Reporter". Archived from the original on July 8, 2008. Retrieved June 29, 2008.
  25. ^ Hensley, Thomas R.; Hale, Kathleen; Snook, Carl (2006). The Rehnquist Court: Justices, Rulings, and Legacy (illustrated ed.). Santa Barbara, California: ABC-CLIO. p. 92. ISBN 9781576072004. Retrieved 7 March 2016.
  26. ^ a b c d e f Lewis, Neil A. (15 June 1993). "THE SUPREME COURT: Woman in the News; Rejected as a Clerk, Chosen as a Justice: Ruth Joan Bader Ginsburg". The New York Times. ISSN 0362-4331. Retrieved 17 September 2016.
  27. ^ a b c Toobin, Jeffrey (11 March 2013). "Heavyweight: How Ruth Bader Ginsburg has moved the Supreme Court". New Yorker. Retrieved 28 February 2016.
  28. ^ Pullman, Sandra (March 7, 2006). "Tribute: The Legacy of Ruth Bader Ginsburg and WRP Staff". ACLU.org. Retrieved November 18, 2010.
  29. ^ "Supreme Court Decisions & Women's Rights - Milestones to Equality Breaking New Ground - Reed v. Reed, 404 U.S. 71 (1971)". The Supreme Court Historical Society. Retrieved 28 February 2016.
  30. ^ Kerber, Linda K. (1 August 1993). "JUDGE GINSBURG'S GIFT". The Washington Post. Retrieved 9 July 2016.
  31. ^ a b Williams, Wendy W. (2013). "RUTH BADER GINSBURG'S EQUAL PROTECTION CLAUSE: 1970-80". COLUMBIA JOURNAL OF GENDER. AND LAw. 25: 41–49. Retrieved 13 March 2016.
  32. ^ a b Von Drehle, David (July 19, 1993). "Redefining Fair With a Simple Careful Assault – Step-by-Step Strategy Produced Strides for Equal Protection". The Washington Post. Retrieved August 24, 2009.
  33. ^ a b Tribe, Laurence; Matz, Joshua (2014-06-03). Uncertain Justice: The Roberts Court and the Constitution. Macmillan. ISBN 9780805099096.
  34. ^ Lithwick, Dahlia (29 June 2015). "Scalia goes off script". Slate. Retrieved 31 March 2016.
  35. ^ Jones Merritt, Deborah; Lieberman, David M. (1 January 2014). "Ruth Bader Ginsburg 's Jurisprudence of Opportunity and Equality". Colum. L. Rev. 104. Retrieved 3 April 2016.
  36. ^ Biskupic, Joan (27 June 1996). "Supreme Court Invalidates Exclusion of Women by VMI". The Washington Post. Retrieved 12 July 2016.
  37. ^ Cite error: The named reference Liptak, Adam; Ginsburg shares views on Influence of Foreign Law was invoked but never defined (see the help page).
  38. ^ Cite error: The named reference Anker, Deborah E.2 was invoked but never defined (see the help page).
  39. ^ Judith, Resnik (2013). "OPENING THE DOOR: RUTH BADER GINSBURG, LAW'S BOUNDARIES, AND THE GENDER OF OPPORTUNITIES". Faculty Scholarship Series: 83.
  40. ^ Anker, Deborah E. (2013). "GRUTTER v. BOLLINGER: JUSTICE RUTH BADER GINSBURG'S LEGITIMIZATION OF THE ROLE OF COMPARATIVE AND INTERNATIONAL LAW IN U.S. JURISPRUDENCE" (PDF). Harvard Law Review. 127: 425. Retrieved 10 April 2016.
  41. ^ a b Marimow, Ann E. (18 March 2013). "Personal trainer Bryant Johnson's clients include two Supreme Court justices". Washington Post. Retrieved 2016-09-10.
  42. ^ Carmon, Irin; Knizhnik, Shana (23 October 2015). "Justice Ruth Bader Ginsburg Chooses Working Out Over Dinner with the President". Yahoo.com. Retrieved 2016-09-10.
  43. ^ Wolf, Richard (1 August 2013). "Ginsburg's dedication undimmed after 20 years on court". USA Today. Retrieved 2016-09-10.
  44. ^ Cite error: The named reference Stolberg, Sheryl Gay was invoked but never defined (see the help page).
  45. ^ Comiskey, Michael (June 1994). "The Usefulness of Senate Confirmation Hearings for Judicial Nominees: The Case of Ruth Bader Ginsburg". PS: Political Science & Politics. 27 (2). American Political Science Association: 224–227. doi:10.2307/420276. JSTOR 420276.
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https://www.washingtonpost.com/archive/politics/1993/07/18/conventional-roles-hid-a-revolutionary-intellect/38a8055a-d575-4eee-b59a-44c2d58771f5/ Early life, little bit of advocacy at Rutgers

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