Quotulatiousness

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

Ray Manzarek, RIP

Filed under: Media — Tags: , , — Nicholas @ 09:34

Musician Ray Manzarek, co-founder of The Doors is dead at 74:

Ray Manzarek, who as the keyboardist and a songwriter for the Doors helped shape one of the indelible bands of the psychedelic era, died on Monday at a clinic in Rosenheim, Germany. He was 74.

The cause was bile duct cancer, according to his manager, Tom Vitorino. Mr. Manzarek lived in Napa, Calif.

Mr. Manzarek founded the Doors in 1965 with the singer and lyricist Jim Morrison, whom he would describe decades later as “the personification of the Dionysian impulse each of us has inside.” They would go on to recruit the drummer John Densmore and the guitarist Robby Krieger.

Mr. Manzarek played a crucial role in creating music that was hugely popular and widely imitated, selling tens of millions of albums. It was a lean, transparent sound that could be swinging, haunted, meditative, suspenseful or circuslike. The Doors’ songs were generally credited to the entire group. Long after the death of Mr. Morrison in 1971, the music of the Doors remained synonymous with the darker, more primal impulses unleashed by psychedelia. In his 1998 autobiography, “Light My Fire,” Mr. Manzarek wrote: “We knew what the people wanted: the same thing the Doors wanted. Freedom.”

Apple and the question of profit shifting

Filed under: Business, Government, USA — Tags: , , , — Nicholas @ 09:23

Tim Worstall explains why both Apple and the Senate Permanent Subcommittee on Investigations can both be correct on the question of profit shifting — because the term’s meaning isn’t consistent:

Apple divides itself, roughly speaking, into two segments. The Americas and everywhere else (not that unusual for a US company, actually). Apple’s point is that it makes profits in the US selling things to people in the US. All profits from doing this pay the full US corporate income tax minus the usual deductions and allowances that every company can take advantage of.

Apple also points out that it makes the majority of its profits selling things outside the US to people who are not Americans. The iPhones are made in China and sold in Europe, just as one example. These profits are made outside the US: and Apple does not bring them into the US. Thus such profits are not liable to US corporate taxation (it is more complex than this but that’s the gist of it).

However, the Senate doesn’t use that commonsense definition of the phrase:

The Subcommittee is agreeing that these are profits made in foreign countries. Profits made by buying something in China and selling it outside the US. These profits are then not repatriated to the US. This is then deemed to be profit shifting.

It’s worth noting what everyone does agree upon.

Apple makes large profits in the US. These pay full US corporate income tax.

Apple makes large profits outside the US. These are kept outside the US and do not pay US corporate income tax.

And so the question becomes, what is the definition of profit shifting? If we take Apple’s definition, that they do not move profits out of the US, then they’re not profit shifting. If we take the Subcommittee meaning then they are. For without the corporate structures that Apple has put in place then those foreign profits would be subject to the US corporate income tax (minus, of course, the foreign taxes already paid).

Update:

Update, the second: The Register‘s report on the Irish side of the “profit shifting” story:

Irish deputy PM: You want more tax from Apple? Your problem, not ours
Póg mo thóin, you crazy Yanks

“… and Lord Tebbit as the Bursar”

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:05

In case you didn’t catch it, this is a Discworld reference.

Last of the Royal Navy’s Type 42 destroyers to leave service

Filed under: Britain, Military — Tags: , — Nicholas @ 08:22

HMS Edinburgh, the last of the Type 42 destroyers, will be hauling down her flag on June 6th:

In 1966 the Labour government cancelled the CVA-01 aircraft carrier project and the Type 82 destroyers that were designed as the carrier’s main escorts. The Type 82 programme was quite advanced and HMS Bristol was eventually completed. The Type 82 was really a light cruiser, large, heavily armed and expensive, with complex steam & gas turbine propulsion. In some ways it was a blessing that the costly Type 82′s were axed as the RN was able to get decent numbers of the alternative cheaper Type 42s.

The Type 42 was always an ‘austerity design’ and although by the batch 3 ships many of the problems had been cured, they were always considered only a partial success. Sometimes the quality and excellence of the RN crews could overcome these deficiencies, sometimes not. In the design stage it was decided not exceed a certain hull length in the erroneous belief that would save on cost, the first 8 ships were too short and this caused various problems throughout their lives. Poor sea-keeping was not only tiring for crews but affected the operation of the gun and delicate missile launcher on the foredeck. Rather cramped with a crew of around 250 (300 could be crammed in at a push), there was small margin for additional equipment but the RN just about managed to keep them effective with small incremental upgrades. The Type 42 was built around the Sea Dart missile system that was designed to provide area defence for the fleet from medium or high level Soviet bombers. The Sea Dart was pretty effective when the targets obliged by flying high but lacked the ability to engage close-in and low-level aircraft and anti-ship missiles. The RN developed the excellent Sea Wolf system for this role but it would be too costly to fit to the already cramped Type 42. Inexcusably for an air-defence destroyer, close-in weapons (CIWS) amounted to just 2 of manually–aimed WWII vintage Oerlikon 20mm cannons. This was quickly remedied after the Falkland’s war with fitting of 4 modern 20mm cannons and ultimately by the 1990s all ships were properly equipped with 2 Phalanx 20mm radar-controlled gatling guns. Unlike the Type 82, there was a hangar and flight deck which allowed the carrying of a Wasp and then the superb Lynx helicopter which gave the ship a major anti-submarine capability and light anti-shipping punch. Finally the Mk 8 4.5” gun provided limited air defence capability, last-ditch anti-shipping role, but was mainly used for bombarding land targets.

[. . .]

The Falklands war has dominated the story of the Type 42. On 4th May 1982 HMS Sheffield was hit by an Exocet missile, caught unawares while transmitting on satellite comms, she failed to detect the missile but without adequate CIWS would probably have been unable to save herself anyway. The missile failed to explode but the resulting fire eventually destroyed the ship, killing 22 of her crew. On 12th May HMS Glasgow was hit by a 1000lb bomb which fortunately passed right through the ship without exploding. She was patched up but had to limp home leaving HMS Coventry as the only remaining air defence ship in the task force. Coventry was sunk on 25th May 1982 by bombs while bravely operating in an exposed position to defend the landing ships with Sea Wolf-armed HMS Broadsword. The idea was that the combination of Sea Dart and Sea Wolf would provide long and short-range anti-aircraft coverage but although initially a success, Coventry’s luck ran out when she accidentally blocked Broadsword’s field of fire. This would not have been a problem for a single ship fitted with both weapons. HMS Exeter and Cardiff arrived as replacements and Exeter (with her better radars & electronics) achieved 3 aircraft kills. The Sea Dart system was a partial success in the Falklands war, exact figures are disputed but it achieved a roughly 50% hit rate. Its greater achievement was to force Argentine pilots to attack at low-level where their bombs sometimes didn’t fuse properly and failed to explode. What can be seen is that the presence of fighter aircraft (Sea Harriers) was a more effective weapon against attacking aircraft. Ship launched missiles are generally inferior to fighter aircraft, although missile systems in theory can be available 24/7 when it is difficult to maintain continuous combat patrol (CAP) cover. Although 2 were lost and 1 damaged the ‘expendable’ ‘fighting 42s” achieved their main strategic objective that was to defend the carriers and other ships that ultimately won the war.

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