John F. Banzhaf III
Encyclopedia
John Francis Banzhaf III (icon; born July 2, 1940) is an American
legal activist and a law professor at George Washington University Law School. He is the founder of the smoking pressure group Action on Smoking and Health.
He is noted for his advocacy
of, and use of, lawsuit
s as a method to promote what he believes is the public interest
.
. He graduated at the age of 15 (three years earlier than usual) from Manhattan's Stuyvesant High School
, one of the three academically elite high-schools of the NYC Public School System.
on whether computer program
s and other software could be protected under U.S. copyright law. The United States Patent Office had previously declined to grant any patents on software, and no computer program copyrights had ever been recognized. As part of his research, Banzhaf sought to register copyrights on two programs he had written: one in printed form, and the other recorded on magnetic tape. In 1964, the U.S. Copyright Office registered two copyrights of Banzhaf, thereby recognizing for the first time the validity of this new form of legal protection.
One year later, he testified at a congressional hearing at which he urged - ultimately successfully - that the long-awaited revision of U.S. copyright law should expressly recognize computer and data processing
issues.
Board's voting system, which allocated the total of 30 votes to its municipalities as follows:
A simple majority of 16 votes sufficed to win a vote.
In Banzhaf's notation, [Hempstead #1, Hempstead #2, North Hempstead, Oyster Bay, Glen Cove, Long Beach] are A-F in [16; 9, 9, 7, 3, 1, 1]
There are 32 winning coalitions, and 48 swing votes:
AB AC BC 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 proposed an index, now known as the "Banzhaf index", to measure the power of each municipality:
Banzhaf argued that a voting arrangement that gives zero power to one sixth of the county's population is unfair, and sued the board. Today, the Banzhaf power index is an accepted way to measure voting power, along with the Shapley–Shubik power index.
One of the students' high-profile projects was a suit against former Vice-President Spiro Agnew
seeking to force him to repay the bribes he accepted while Governor of Maryland
. Agnew was ordered to repay the state the $147,500 in kickback
s, with interest of $101,235, for a total of $248,735. The project was started in 1976 by three students in Banzhaf's class on public interest
law. The students recruited three Maryland
residents to carry the suit.
Another case that attracted much attention targeted the McDonald's
restaurant chain. One of Banzhaf's students, James Pizzirusso, successfully sued McDonald's in 2001 for precooking their french fries in beef fat and not warning vegetarians and beef-avoiders about it; in 2002 he won a class-action settlement of $12.5 million.
(FCC). The FCC's fairness doctrine required broadcasters to provide free air time to opposing views of matters of public controversy
. In his complaint, Banzhaf argued that tobacco advertisements were broadcasting only pro-smoking messages; he argued that, as a public service, the broadcasters should be required to show an equal number of anti-smoking messages.
On June 2, 1967, the FCC announced its decision that its fairness doctrine
applied to the request for anti-smoking announcements. The FCC stated that the public should hear an anti-smoking viewpoint. However, the FCC required only the ratio of one anti-smoking message for each four cigarette advertisements (not the one-to-one ratio suggested by Banzhaf).
The tobacco industry
appealed this decision, but it was upheld by the United States Court of Appeals
and the United States Supreme Court declined to hear the case. “Various governmental and voluntary health organizations made extremely creative spots and provided them to stations.” In response, tobacco companies offered to stop all advertising on television
, if this coordinated action was granted immunity from antitrust
laws; they further agreed to have warning labels
on cigarette packages and advertising. Tobacco ads ceased to appear on television at the end of 1970. Cigarette advertising shifted to print media. Consequently anti-smoking announcements were no longer required to satisfy the FCC's fairness doctrine.
. In 1969 Ralph Nader
had petitioned the Federal Aviation Administration
to ban smoking
on all flights, when Banzhaf petitioned the FAA to require separate smoking and nonsmoking sections on domestic flights. Nader's petition and Banzhaf's petition each failed to change FAA policies, because passive smoking
had not yet been recognized as a serious health hazard.
In 1972, both Nader and Banzhaf filed petitions with the Civil Aeronautics Board, which largely granted their petitions. However, many airlines failed fully to comply with the regulations. ASH sued the CAB in 1979, claiming that legally mandated enforcement was inadequate. When the Reagan administration
came into office in 1981, it weakened enforcement of the previous CAB rules.
, following the 2001 Surgeon General's report on obesity. In particular, Banzhaf has criticized the contracts for soft-drink machines in schools and McDonald's
, alleging that both have helped to contribute to childhood obesity.
In 2003 Banzhaf began criticizing "pouring rights" contracts, which he called "Cokes for Kickbacks" contracts. Under these contracts with school district
s, soft-drink companies place vending machines in schools; the districts receive a commission
on the sales. Banzhaf has written that such contracts have increased soft-drink consumption and thereby contributed to the epidemic of childhood obesity
.
In his 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
.
Obesity and McDonald's were discussed in the 2004 film Super Size Me
by Morgan Spurlock
, in which Banzhaf is repeatedly interviewed. In one scene, Spurlock and Banzhaf have a discussion while eating at McDonald's. In his 2005 book, Spurlock quoted Banzhaf explanation of why legal campaigns have had more success than legislative campaigns:
, "Banzhaf was the health-law strategist who destroyed the concept of personal responsibility when it came to smoking."
Addressing the charge that his legal campaigns and victories have reduced personal responsibility, Banzhaf replied with a rhetorical question:
according to the Hartford Courant (2003).
Banzhaf has been criticized for his recent lawsuit and Human Rights charge against the Catholic University of America. The first was a discrimination lawsuit in response to President John H. Garvey's decision to implement same sex dorms. More recently, Banzhaf filed a charge with the D.C Office of Human Rights in which he claimed that Muslim
students were being discriminated against because of lack of adequate prayer space. According to Banzhaf, the charge came as a response to a 2010 article in CUA's student newspaper about Muslim Students at CUA, in which no complaints were made.
Media coverage of Banzhaf's Human Rights charge has caused many to assume that Muslim students were suing Catholic, and in turn has lead some backlash against Muslims in the media.
Adrian Brune wrote in American Lawyer (2005) that Banzhaf had had conflicts with the Frontiers of Freedom Institute,
which operated a web site, banzhafwatch.com, with the slogan "Keeping an eye on the man who wants to sue America", until mid-2006. Reason
, a libertarian magazine published a critical article by Charles Paul Freund in 2002. Writer Richard Kluger
criticized Banzhaf's leadership of Action on Smoking and Health (US) (ASH).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal activist and a law professor at George Washington University Law School. He is the founder of the smoking pressure group Action on Smoking and Health.
He is noted for his advocacy
Advocacy
Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...
of, and use of, lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s as a method to promote what he believes is the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
.
Life and Education
Banzhaf was born July 2, 1940 in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. He graduated at the age of 15 (three years earlier than usual) from Manhattan's Stuyvesant High School
Stuyvesant High School
Stuyvesant High School , commonly referred to as Stuy , is a New York City public high school that specializes in mathematics and science. The school opened in 1904 on Manhattan's East Side and moved to a new building in Battery Park City in 1992. Stuyvesant is noted for its strong academic...
, one of the three academically elite high-schools of the NYC Public School System.
Copyright of computer software
Banzhaf got an early start in legal advocacy. While still a student in law school, he was assigned to research and draft a note for the Columbia Law ReviewColumbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
on whether computer program
Computer program
A computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute...
s and other software could be protected under U.S. copyright law. The United States Patent Office had previously declined to grant any patents on software, and no computer program copyrights had ever been recognized. As part of his research, Banzhaf sought to register copyrights on two programs he had written: one in printed form, and the other recorded on magnetic tape. In 1964, the U.S. Copyright Office registered two copyrights of Banzhaf, thereby recognizing for the first time the validity of this new form of legal protection.
One year later, he testified at a congressional hearing at which he urged - ultimately successfully - that the long-awaited revision of U.S. copyright law should expressly recognize computer and data processing
Data processing
Computer data processing is any process that a computer program does to enter data and summarise, analyse or otherwise convert data into usable information. The process may be automated and run on a computer. It involves recording, analysing, sorting, summarising, calculating, disseminating and...
issues.
Measuring the power of voting blocs in a committee
Banzhaf studied the Nassau CountyNassau County, New York
Nassau County is a suburban county on Long Island, east of New York City in the U.S. state of New York, within the New York Metropolitan Area. As of the 2010 census, the population was 1,339,532...
Board's voting system, which allocated the total of 30 votes to its municipalities as follows:
- Hempstead #1: 9
- Hempstead #2: 9
- North Hempstead: 7
- Oyster Bay: 3
- Glen Cove: 1
- Long Beach: 1
A simple majority of 16 votes sufficed to win a vote.
In Banzhaf's notation, [Hempstead #1, Hempstead #2, North Hempstead, Oyster Bay, Glen Cove, Long Beach] are A-F in [16; 9, 9, 7, 3, 1, 1]
There are 32 winning coalitions, and 48 swing votes:
AB AC BC 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 proposed an index, now known as the "Banzhaf index", to measure the power of each municipality:
- Hempstead #1 = 1/3
- Hempstead #2 = 1/3
- North Hempstead = 1/3
- Oyster Bay = 0
- Glen Cove = 0
- Long Beach = 0
Banzhaf argued that a voting arrangement that gives zero power to one sixth of the county's population is unfair, and sued the board. Today, the Banzhaf power index is an accepted way to measure voting power, along with the Shapley–Shubik power index.
Teaching
Banzhaf has utilized a clinical-project format in some of his law classes, rather than a more traditional lecture and academic study format. Students are divided into teams and asked to work on some genuine consumer problems.One of the students' high-profile projects was a suit against former Vice-President Spiro Agnew
Spiro Agnew
Spiro Theodore Agnew was the 39th Vice President of the United States , serving under President Richard Nixon, and the 55th Governor of Maryland...
seeking to force him to repay the bribes he accepted while Governor of Maryland
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
. Agnew was ordered to repay the state the $147,500 in kickback
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
s, with interest of $101,235, for a total of $248,735. The project was started in 1976 by three students in Banzhaf's class on public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
law. The students recruited three Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
residents to carry the suit.
Another case that attracted much attention targeted the McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
restaurant chain. One of Banzhaf's students, James Pizzirusso, successfully sued McDonald's in 2001 for precooking their french fries in beef fat and not warning vegetarians and beef-avoiders about it; in 2002 he won a class-action settlement of $12.5 million.
Tobacco
Much of Banzhaf's tobacco work has been done through the non-profit group Action on Smoking and Health, which he founded in 1967.Television advertising
In late 1966 he asked a local television station, WCBS-TV, to provide air time for announcements against smoking. After the station refused , so Banzhaf filed a complaint with the Federal Communications CommissionFederal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC). The FCC's fairness doctrine required broadcasters to provide free air time to opposing views of matters of public controversy
Controversy
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of opinion. The word was coined from the Latin controversia, as a composite of controversus – "turned in an opposite direction," from contra – "against" – and vertere – to turn, or versus , hence, "to turn...
. In his complaint, Banzhaf argued that tobacco advertisements were broadcasting only pro-smoking messages; he argued that, as a public service, the broadcasters should be required to show an equal number of anti-smoking messages.
On June 2, 1967, the FCC announced its decision that its fairness doctrine
Fairness Doctrine
The Fairness Doctrine was a policy of the United States Federal Communications Commission , introduced in 1949, that required the holders of broadcast licenses to both present controversial issues of public importance and to do so in a manner that was, in the Commission's view, honest, equitable...
applied to the request for anti-smoking announcements. The FCC stated that the public should hear an anti-smoking viewpoint. However, the FCC required only the ratio of one anti-smoking message for each four cigarette advertisements (not the one-to-one ratio suggested by Banzhaf).
The tobacco industry
Tobacco industry
The tobacco industry comprises those persons and companies engaged in the growth, preparation for sale, shipment, advertisement, and distribution of tobacco and tobacco-related products. It is a global industry; tobacco can grow in any warm, moist environment, which means it can be farmed on all...
appealed this decision, but it was upheld by the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
and the United States Supreme Court declined to hear the case. “Various governmental and voluntary health organizations made extremely creative spots and provided them to stations.” In response, tobacco companies offered to stop all advertising on television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
, if this coordinated action was granted immunity from antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
laws; they further agreed to have warning labels
Warning Labels
"Warning Labels" is the title of a song written by Kim Williams and Oscar Turman, and recorded by American country music artist Doug Stone. It was released in June 1992 as the lead single from the album From the Heart. The song reached #4 on the Billboard Hot Country Singles & Tracks chart.-Chart...
on cigarette packages and advertising. Tobacco ads ceased to appear on television at the end of 1970. Cigarette advertising shifted to print media. Consequently anti-smoking announcements were no longer required to satisfy the FCC's fairness doctrine.
Passive smoking
In the late 1960s, Banzhaf and ASH worked against passive smokingPassive smoking
Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...
. In 1969 Ralph Nader
Ralph Nader
Ralph Nader is an American political activist, as well as an author, lecturer, and attorney. Areas of particular concern to Nader include consumer protection, humanitarianism, environmentalism, and democratic government....
had petitioned the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
to ban smoking
Smoking ban
Smoking bans are public policies, including criminal laws and occupational safety and health regulations, which prohibit tobacco smoking in workplaces and/or other public spaces...
on all flights, when Banzhaf petitioned the FAA to require separate smoking and nonsmoking sections on domestic flights. Nader's petition and Banzhaf's petition each failed to change FAA policies, because passive smoking
Passive smoking
Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...
had not yet been recognized as a serious health hazard.
In 1972, both Nader and Banzhaf filed petitions with the Civil Aeronautics Board, which largely granted their petitions. However, many airlines failed fully to comply with the regulations. ASH sued the CAB in 1979, claiming that legally mandated enforcement was inadequate. When the Reagan administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
came into office in 1981, it weakened enforcement of the previous CAB rules.
Obesity
In recent years Banzhaf has focused his efforts against obesityObesity
Obesity is a medical condition in which excess body fat has accumulated to the extent that it may have an adverse effect on health, leading to reduced life expectancy and/or increased health problems...
, following the 2001 Surgeon General's report on obesity. In particular, Banzhaf has criticized the contracts for soft-drink machines in schools and McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
, alleging that both have helped to contribute to childhood obesity.
In 2003 Banzhaf began criticizing "pouring rights" contracts, which he called "Cokes for Kickbacks" contracts. Under these contracts with school district
School district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
s, soft-drink companies place vending machines in schools; the districts receive a commission
Commission (remuneration)
The payment of commission as remuneration for services rendered or products sold is a common way to reward sales people. Payments often will be calculated on the basis of a percentage of the goods sold...
on the sales. Banzhaf has written that such contracts have increased soft-drink consumption and thereby contributed to the epidemic of childhood obesity
Childhood obesity
Childhood obesity is a condition where excess body fat negatively affects a child's health or wellbeing. As methods to determine body fat directly are difficult, the diagnosis of obesity is often based on BMI. Due to the rising prevalence of obesity in children and its many adverse health effects...
.
In his advocacy against childhood obesity, Banzhaf has criticized McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
. In 2002, he filed a lawsuit claiming product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
against McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
, claiming that false advertising by McDonald's contributes to childhood obesity
Childhood obesity
Childhood obesity is a condition where excess body fat negatively affects a child's health or wellbeing. As methods to determine body fat directly are difficult, the diagnosis of obesity is often based on BMI. Due to the rising prevalence of obesity in children and its many adverse health effects...
.
Obesity and McDonald's were discussed in the 2004 film Super Size Me
Super Size Me
Super Size Me is a 2004 American documentary film directed by and starring Morgan Spurlock, an American independent filmmaker. Spurlock's film follows a 30-day period from February 1 to March 2, 2003 during which he eats only McDonald's food...
by Morgan Spurlock
Morgan Spurlock
Morgan Valentine Spurlock is an American documentary filmmaker, humorist, television producer, screenwriter and journalist best known for the documentary film Super Size Me...
, in which Banzhaf is repeatedly interviewed. In one scene, Spurlock and Banzhaf have a discussion while eating at McDonald's. In his 2005 book, Spurlock quoted Banzhaf explanation of why legal campaigns have had more success than legislative campaigns:
Criticisms
Banzhaf's advocacy has drawn criticism. In 2006 Ezra Levant wrote in the National PostNational Post
The National Post is a Canadian English-language national newspaper based in Don Mills, a district of Toronto. The paper is owned by Postmedia Network Inc. and is published Mondays through Saturdays...
, "Banzhaf was the health-law strategist who destroyed the concept of personal responsibility when it came to smoking."
Addressing the charge that his legal campaigns and victories have reduced personal responsibility, Banzhaf replied with a rhetorical question:
according to the Hartford Courant (2003).
Banzhaf has been criticized for his recent lawsuit and Human Rights charge against the Catholic University of America. The first was a discrimination lawsuit in response to President John H. Garvey's decision to implement same sex dorms. More recently, Banzhaf filed a charge with the D.C Office of Human Rights in which he claimed that Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
students were being discriminated against because of lack of adequate prayer space. According to Banzhaf, the charge came as a response to a 2010 article in CUA's student newspaper about Muslim Students at CUA, in which no complaints were made.
Media coverage of Banzhaf's Human Rights charge has caused many to assume that Muslim students were suing Catholic, and in turn has lead some backlash against Muslims in the media.
Adrian Brune wrote in American Lawyer (2005) that Banzhaf had had conflicts with the Frontiers of Freedom Institute,
which operated a web site, banzhafwatch.com, with the slogan "Keeping an eye on the man who wants to sue America", until mid-2006. Reason
Reason (magazine)
Reason is a libertarian monthly magazine published by the Reason Foundation. The magazine has a circulation of around 60,000 and was named one of the 50 best magazines in 2003 and 2004 by the Chicago Tribune.- History :...
, a libertarian magazine published a critical article by Charles Paul Freund in 2002. Writer Richard Kluger
Richard Kluger
Richard Kluger worked as a journalist before becoming an accomplished Pulitzer Prize-winning author and book publisher.-Journalism:...
criticized Banzhaf's leadership of Action on Smoking and Health (US) (ASH).
External links
- Banzhaf Power Index Includes power index estimates for the 1990s U.S. Electoral College.
- Computer Algorithms for Voting Power Analysis Web-based algorithms for voting power analysis