Quotulatiousness

April 20, 2015

The Wright Brothers – early practitioners of lawfare

Filed under: Law,Liberty,Technology,USA — Tags: , , , — Nicholas @ 03:00

David Warren casts his thoughts into the air, but a hundred years ago the Wright Brothers’ lawyers would have been doing their legal damnedest to bring him back down to earth in a hurry:

Work on powered, controlled flight in the United States was far behind that in France, or England, but fell farther behind thanks to the Wright brothers. Fixated on the problem of converting invention into wealth, they pursued rival aviators around the USA with teams of lawyers. Their numerous, voluminous, cumbersome lawsuits were based on often fanciful patent claims, emerging from their own intensely secretive research.

One thinks for instance of the great aviator, Louis Paulhan (first to fly London to Manchester), who arrived with two Blériot monoplanes and two Farman biplanes to give flying demonstrations across the USA. Amazed at the workings of the American judicial system, but ignoring legal injunctions to prevent them from flying their machines, they took every prize at the Los Angeles Air Meet in January 1910, setting new records for altitude and endurance.

The Wrights were present, there as elsewhere, though never competing. They and their gaggle of lawyers followed Paulhan and the other foreigners around the country, serving them with process papers, and demanding unbelievably huge sums to call off their dogs, in vile and obvious attempts at extortion. And then they’d hit the local impresarios with additional suits to impound all the cash from ticket sales, &c. Truly: vicious and contemptible men.

To avoid fines or imprisonment in backwoods American jurisdictions, the visitors took to giving their demonstrations entirely for free, but still the lawsuits kept coming. Finally they gave up and went home.

And there’s even a maple-flavoured sidelight in the story:

Part of the reason for Canada’s early advances in aviation (first flight of the Silver Dart at Baddeck in Cape Breton, with its ingenious ailerons, &c) was the migration of American inventors, such as the brilliant motor-mechanic Glenn Curtiss, to safe territory away from the corrupt and unpredictable U.S. courts.

This, I suspect, was among the reasons that the spectacularly inventive Scotchman, Alexander Graham Bell, re-located from his grand mansion in Washington, DC. At first he went north, back to Canada (where he had settled before), only for the summers; but soon he was staying through the winters, too. Not only in flight, but in all the many other areas of his pioneering work (he invented the telephone, &c), he was afflicted with lawsuits from American cranks, with those dollar signs twirling in their eyes and the slick lawyers lining up behind them, ready to exploit a patent regime wide open to political manipulation. For apart from the beauty of the Bras d’Or landscape, Bell was back under the protection of British Common Law.

Everything is “interstate commerce”

Filed under: Business,Law,Liberty,USA — Tags: , , , , — Nicholas @ 02:00

Last month, Elizabeth Nolan Brown reported on another case where the “interstate commerce” excuse is used to justify federal charges for a purely intra-state activity:

Until 2010, Oregon entrepreneur Lawrence George Owen, 73, owned one restaurant, eight strip clubs, and two adult-video stores in the Portland area. At these businesses, Owen installed ATM machines in case customers needed to take out cash. With that cash, customers could do an assortment of things — tip dancers, buy food and drinks, leave the establishment and go grocery shopping. And sometimes, customers used the cash to privately pay some strippers for sex.

Now Owen faces federal charges for “conspiring to use interstate commerce” in promotion of prostitution.

The charges are the results of a nine year joint-effort by Portland’s vice squad and the FBI. Between 2006 and 2009, undercover Portland police officers arranged for 18 acts of prostitution with dancers at three of the clubs. After that federal agents took over, searching Owen’s businesses and the homes of his alleged co-conspirators and seizing $843,000 in cash.

Owen, it should be noted, was living in Mexico most of this time. He is currently on a U.S. Marshall’s hold in a Portland jail, after being detained by federal agents in late February.

You might be wondering how Owen faces federal charges if all of the alleged prostitution-promoting took place in Portland. Promoting prostitution is only a federal crime under certain circumstances, such as when the perpetrator transports or coerces an individual across state lines for prostitution purposes. Using mail, telephone calls, or other “facilities of interstate commerce” in service of prostitution will also do the trick. But the FBI has no evidence that Owen enticed or transported strip-club employees from outside Oregon, nor that he used mail or telephone calls to help facilitate their prostitution efforts.

When the FBI wants to make a case against someone, however, they’ll find a way. In this case, the FBI decided that ATM machines count as “facilities of interstate commerce.”

April 18, 2015

Moral panics and “Shaken Baby Syndrome”

Filed under: Health,Law,Media,Politics,USA — Tags: , , — Nicholas @ 04:00

In L.A. Weekly, Amy Nicholson looks at a new documentary:

It’s never simple when science suffers a shakeup. The road to the truth is littered with fallen experts who were disgraced when they tried to disprove — or prove — the common wisdom, be it that the earth revolves around the sun or that witches float. Today’s researchers are fighting to restore logic in the debate over vaccinations, global warming, and the increasingly hazy medical condition called Shaken Baby Syndrome, whose adherents accuse, pursue and prosecute an estimated 250 parents, babysitters and other caretakers each year.

Veteran investigative journalist Susan Goldsmith has spent years examining the medical and legal industry that has arisen to promote its belief that vicious baby-shaking by enraged adults has killed thousands of infants, the subject of the new documentary, The Syndrome, researched by Goldsmith and directed by her cousin Meryl Goldsmith.

“I made a career writing about child abuse,” she says. Her child abuse investigations as a reporter for The Oregonian led to two new laws designed to better protect kids in foster care. Yet, she also sees extreme, unfounded reactions by well-meaning people when children are involved. Says Goldsmith, “When people hear ‘child abuse,’ all thinking just goes into shutdown mode.”

A diagnosis of Shaken Baby Syndrome was supposed to explain mysterious deaths in babies without bone fractures, bumps, bruises or neck injuries. How did they die? A theory arose that babies were under attack by loved ones. For decades, doctors in the U.S., and dozens of other countries were trained to look for three internal symptoms that experts claimed were proof of a powerful shaking assault on a tiny child: brain swelling, blood on the surface of the brain, and blood behind the eyes. Well-meaning doctors were instructed that these symptoms could only occur due to intense shaking — if a parent or babysitter said the child had fallen or suddenly fell ill, that was a lie.

Proponents of the theory grew so powerful in political circles, where elected officials were keen to show they supported helpless children, that laws were passed across the U.S. requiring a doctor who spotted any of the three symptom to alert authorities. Failure to report symptoms, even if a doctor found the parents’ explanation made sense, could result in fines, civil lawsuits, or even jail time.

We’ve been here before. The Syndrome rewinds back to the 1980s when the big public panic on behalf of children was Satanic Ritual Abuse, a Salem-like national frenzy in which prosecutors and juries in big cities and small towns sent daycare employees to jail for years for crimes as implausible as cutting off a gorilla’s finger while at the zoo, then flying the children over Mexico to molest them.

H/T to Amy Alkon for the link.

April 14, 2015

Patently ridiculous, in one image

Filed under: Bureaucracy,Law,Technology,USA — Tags: , — Nicholas @ 03:00

Total US patents issued annually 1900-2014

H/T to Veronique de Rugy, who explains that much of the increase in “patents for trivial and non-original functions” can be traced back to the creation of one particular court.

April 6, 2015

QotD: Conscription

Filed under: Law,Liberty,Military,Quotations,USA — Tags: , , , — Nicholas @ 01:00

Poul Anderson pointed out to me that he rather doubted if this country could survive through purely voluntary military service.

Perhaps he is right. I care not. If there are not sufficient Simon-pure, utterly uncoerced volunteers to defend a country and save it … [sic] then let it go down the drain! And that applies just as much to my own beloved country as it does to the Roman Empire … The thought of a draftee being required to die that I may live is as morally offensive to me as that of galley slaves, chained to their sweeps, and drowning in battle not of their choosing.

If the United States goes under (as I am inclined to think she will), I will be inclined to blame it on moral decay rather than on the superiority of our enemies … [sic] and, to me, the gravest aspect of that moral decay lies in the fact that we have elected to depend on human slaves as cannon fodder.

But I suppose that my opposition to a democratically accepted and publicly approved social institution such as the National Selective Service Act — having the gall to label this flag-bedecked and chaplain-blessed custom “human slavery” — is still another of “Heinlein’s dangerous ideologies” as seditious as my unspeakable notion that the franchise is not a “natural right” to be handed out as freely as favours at a children’s party, but to be earned by toil and danger at great personal sacrifice.

Well, if my teachings are now to be indicted as “dangerous”, tending to “corrupt the youth of the land”, I will be in most noble and distinguished company. Pass the hemlock, please —

Robert A. Heinlein, letter to Theodore Cogswell 1959-12-04, quoted in William H. Patterson Jr., Robert A. Heinlein, In Dialogue with His Century Volume 2: The Man Who Learned Better, 2014).

April 5, 2015

The war on drugs in two charts

Filed under: Law,Liberty,USA — Tags: , , , , , — Nicholas @ 09:56

I saw this on Google+ and thought the two graphics included in the post were interesting enough to present on their own — because they pretty much tell the whole story in a glance:

Drug addition rate and drug control spending

State and federal incarceration rates

In 1969, the prison population was 200,000 and the overall population was about 200 million people. This means that approximately 0.1% of all Americans were in prison in 1969. As of 2010, the prison population had expanded to 1.6 million while the overall population was 309 million. Therefore, the current prison population is 0.5%. The prison population has expanded 5 times when adjusted for population size while the rate of drug addiction has remained largely constant. I do not believe that any reasonable person can look at the statistics on incarceration versus drug usage and come to any conclusion other than that the Drug War has been an immense cataclysm for the American people and that this cataclysm has fallen horrifically and disproportionately upon the poor. From a drug usage standpoint the inner cities have not improved in the slightest when it comes to overdoses and other tertiary consequences of drug use and we have simultaneously turned our inner cities into armed police states where the inhabitants are frequently terrified of the police, where the police engage in the worst sorts of paramilitary tactics, and where a large portion of young men are hurled into prison cells and ruined in the prime of their lives.

But none of these bourgeoisie facts and evidence shall deter Mr. Walters from his noble, righteous quest! No, he knows the evils of marijuana which shall be visited disproportionately upon the poor, and he will not rest until such toxins are driven entirely from the field:

    The focus on marijuana legalization trades on the public perception that the drug does little damage, and hence, that any criminal justice penalty for its use is an unnecessary affront. In fact, marijuana use does serious harm, and its legalization promises more use by the most vulnerable in communities like Angela Dawson’s Oliver neighborhood.

Personally, and I do realize this would shock Mr. Walters, I actually don’t care how damaging marijuana is to its users. Provided its users are of legal age and therefore are capable of consenting to its use, whether or not it is ‘damaging’ is of no relevance to me — consuming massive quantities of sugar is damaging, large amounts of fat is damaging, failure to exercise is damaging, drinking to excess is damaging — yet none of these are, or should be, illegal. Even if you prove the negative consequences of weed, it doesn’t matter — it is not the responsibility of the state to treat its citizens like children in need of mollycoddling and governmentally sponsored salvation and it certainly is neither the duty nor the purpose of the state to save us from the consequences of our own decisions.

1 in 20 British students have earned money through sex work

Filed under: Britain,Law — Tags: , , , — Nicholas @ 03:00

A rather surprising result from a new study by Swansea University:

Nearly five percent of U.K. students have engaged in some form of sex work, according to new research that contradicts conventional wisdom about the sex industry in several significant ways. For starters, more male than female students participated in sex work. And while money was one motivating factor, students also cited flexible scheduling and personal enjoyment or curiosity among their main reasons for getting involved.

The research was part of the Student Sex Work Project, a 3-year initiative led by Swansea University. Researchers surveyed more than 10,000 students from England, Scotland, Wales, and Northern Ireland, whittling the final data sample down to 6,673. Students answered questions about their attitudes toward sex work — broadly defined as “the exchange of sexual services, performances, or products for material compensation” — and any personal experiences with it.

Among the key findings: 4.8 percent of student respondents had done some sort of sex work, including 5 percent of male students surveyed and 3.4 percent of female students. [While the report mentions transgender student sex workers, it does not include any specific numbers.] Nearly nearly 22 percent of respondents had considered doing sex work.

Of the male students surveyed, 2.4 percent had engaged in what researchers call “direct sex work,” aka prostitution, as had 1.3 percent of female students. Three and a half percent of male respondents and 2.7 percent of females had done “indirect sex work,” which includes things such as stripping, porn acting, nude modeling, webcam or phone sex services, and nude housecleaning. A combined 1 percent of students surveyed were involved in sex work in an auxiliary manner, such as working as a receptionist or a driver for an escort company.

QotD: The function of the law courts

Filed under: Britain,Law,Quotations — Tags: , — Nicholas @ 01:00

Myself, I am of opinion that had she brought the action she threatened, she would have had no case; but our chief was a man who had had experience of the law, and his principle was always to avoid it. I have heard him say:

“If a man stopped me in the street and demanded of me my watch, I should refuse to give it to him. If he threatened to take it by force, I feel I should, though not a fighting man, do my best to protect it. If, on the other hand, he should assert his intention of trying to obtain it by means of an action in any court of law, I should take it out of my pocket and hand it to him, and think I had got off cheaply.”

Jerome K. Jerome, Three Men on the Bummel, 1914.

March 28, 2015

Is Clean Reader a form of censorship?

Filed under: Business,Law,Liberty,Media — Tags: , , — Nicholas @ 03:00

Charles Stross and Cory Doctorow are both professional writers, both write science fiction and near-future stories along with contributing to magazines and other publications. They both have strong feelings about a new app called Clean Reader, which “sanitizes” eBooks by bowdlerizing the text on the fly to allow sensitive (or neo-Victorian) readers to avoid getting the vapours by being exposed to foul language. Charlie thinks this violates the writer’s Moral rights:

Mangling an author’s text is a clear violation of the author’s Moral rights, an element of copyright which is very weak in the United States and very strong elsewhere (primarily in civil law jurisdictions). (The moral right is the right of an author to be identified as the creator of a work, and for the work represented as their creation to be unaltered by other hands, so that the relationship between creator and created work is clear.) Mangling an author’s text may be legal or illegal in the USA, depending on whether it occurs before or after sale. After all, I can’t stop you buying one of my books and editing it with a sharpie: it’s a physical object and according to the first sale doctrine, it’s yours to do with as you wish. I may be able to legally stop you modifying an ebook, though: ebooks are not sold but a limited license to download and use them is granted in exchange for money — a fine legal distinction that was borrowed from the software business’s tame sharks — and that limited license may permit or deny such usage.

Clean Reader claim to get around this by (a) being a licensed distributor (they provide the app and sell books for it sourced from PageFoundry, a distributor who back-end onto various publishers), and (b) the censorship is performed on the reader device by the reader app, once the book has been purchased and downloaded. There’s a bunch of case law around whether or not it’s legal to do this to movie rentals or downloads, or legal to skip advertisements in recorded programming on your TiVo—it gets murky fast. But let’s suppose they’re right and what they’re doing (“protect the children! At any cost! From naughty words like ‘breast’ and ‘fuck’!”) is legal.

Speaking as an author who deeply resents the idea of his books being mutilated to fit the prejudices of a curious reader’s blue-nosed and over-protective parents (hint: I write for adults — if you don’t think my books are suitable for your or your child’s tender eyes, don’t buy them), what can I do about this?

On the other hand, Cory also hates it but will “defend to the death your right to censor”:

It’s a truism of free expression that if you only defend speech you agree with, you don’t believe in free expression. That doesn’t mean you have to defend the content of the expression: it means you have to support the right of people to say stupid, awful things. You can and should criticize the stupid, awful things. It’s the distinction between the right to express a stupid idea, and the stupidity of the idea itself.

I think Clean Reader is stupid. I think parents who want to ensure that their kids don’t see profanity have fucked up priorities.

I think readers should be allowed to skip my foreword and author bio. I think they should be able to search out their favorite passages and read them out of order.

I think racist readers should be allowed to make an index of “scenes that racists find disturbing,” so that other racists can avoid them. I think those racists are fools and worse for doing it, and I will condemn them if they do. I just won’t say they’re not allowed to do it. A rule that says this kind of list is prohibited would also prohibit a the same list, compiled by anti-racist activists, under the heading, “Scenes with which to annoy racists.”

Shortly after putting this post together on Friday, I got a link from John Lennard to this article in the Guardian:

The Clean Reader app, launched by a couple in Idaho in the US, has announced that after significant feedback from authors, many of whom did not want their work being sold in connection with the app, it has “taken immediate action to remove all books from our catalogue”.

Clean Reader set out to enable customers to, in its own words, “read books, not profanity”. A filter could be applied to ebooks purchased from its online store, which exchanged words that were judged to be offensive with alternatives.

Profanities such as “fucking” and “fucker” became “freaking” and “idiot”, “hell” became “heck” and “shit” became “crap”, according to an analysis of the app by Jennifer Porter. It was not only swear words that Clean Reader scrubbed out of books: Porter, who ran a series of romance novels through the app, found that body parts were also replaced. “Penis” became “groin”, “vagina” was swapped for “bottom” and “breast” changed to “chest”. Exclamations such as “Jesus Christ” became “geez”, “piss” became “pee”, “bitch” became “witch” and “blowjob” was switched with the euphemistic “pleasure”.

Update: Added the link to Cory Doctorow’s post at Boing Boing.

March 27, 2015

Keeping people out of jail isn’t quite as easy as it seems

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 03:00

Megan McArdle is being a downer about the idea that if we just stop throwing people into jail for non-violent drug possession, it’ll make a big dent in the prison population:

De-incarceration is clearly an idea whose time has come. But doing it means thinking clearly about de-incarceration. And as I discovered when I went to a recent event on the topic, most of us in the media don’t.

We’re hampered by the rampant perception that all we need is to wise up and stop incarcerating people for simply possessing drugs, something many of us feel shouldn’t be a crime at all and certainly shouldn’t merit prison time. At the event I attended, someone who has actually studied the matter closely pointed out what experts know and most journalists apparently don’t: Relatively few people are in prison for simple possession or for other minor crimes. The shock in the room was palpable.

I wasn’t shocked, but not because I am somehow immune to this delusion. Rather, I had it stripped from me a few years back, when I went to Hawaii to report on its innovative probation program, Hawaii’s Opportunity Probation with Enforcement. HOPE has sharply reduced the number of people who “flunk” probation and end up with long prison terms. To study it, I sat in a courtroom for a week and actually watched how the process worked. I’ve written about it in my book, but here’s something I didn’t write about: how shocked I was by the composition of the docket. I’d been expecting a lot more simple possession — and a lot less robbery, assault, domestic violence and burglary.

Even the most dedicated anti-incarceration activist would call these “real” crimes, and they were numerous. Even the most dedicated advocate of drug legalization — such as, say, me — would have to admit that a large percentage, perhaps the majority, of the people who committed “real” crimes had some sort of a drug problem — not as in “smokes more weed than they really should” but as in “admitted to the judge that they had smoked crystal meth recently enough to flunk the drug test they were about to be required to take.”

March 18, 2015

This is not how a justice system is supposed to work

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 04:00

Nathan Robinson points out a key finding from the Ferguson investigation … that in a municipality of 21,000 people, the police have outstanding arrest warrants out for 16,000:

The Department of Justice’s 102-page report is a rich source of damning facts about the Ferguson criminal justice system. But tucked halfway in and passed over quickly is a truly revelatory set of figures: the arrest warrant data for the Ferguson Municipal Court.

It turns out that nearly everyone in the city is wanted for something. Even internal police department communications found the number of arrest warrants to be “staggering”. By December of 2014, “over 16,000 people had outstanding arrest warrants that had been issued by the court.” The report makes clear that this refers to individual people, rather than cases (i.e. people with many cases are not being counted multiple times). However, if we do look at the number of cases, the portrait is even starker. In 2013, 32,975 offenses had associated warrants, so that there were 1.5 offenses for every city resident.

That means that the city of Ferguson quite literally has more crimes than people.

To give some context as to how truly extreme this is, a comparison may be useful. In 2014, the Boston Municipal Court System, for a city of 645,000 people, issued about 2,300 criminal warrants. The Ferguson Municipal Court issued 9,000, for a population 1/30th the size of Boston’s.

This complete penetration of policing into everyday life establishes a world of unceasing terror and violence. When everyone is a criminal by default, police are handed an extraordinary amount of discretionary power. “Discretion” may sound like an innocuous or even positive policy, but its effect is to make every single person’s freedom dependent on the mercy of individual officers. There are no more laws, there are only police. The “rule of law,” by which people are supposed to be treated equally according to a consistent set of principles, becomes the “rule of personal whim.”

And this is precisely what occurs in Ferguson. As others have noted, the Ferguson courts appear to work as an orchestrated racket to extract money from the poor. The thousands upon thousands of warrants that are issued, according to the DOJ, are “not to protect public safety but rather to facilitate fine collection.” Residents are routinely charged with minor administrative infractions. Most of the arrest warrants stem from traffic violations, but nearly every conceivable human behavior is criminalized. An offense can be found anywhere, including citations for “Manner of Walking in Roadway,” “High Grass and Weeds,” and 14 kinds of parking violation. The dystopian absurdity reaches its apotheosis in the deliciously Orwellian transgression “failure to obey.” (Obey what? Simply to obey.) In fact, even if one does obey to the letter, solutions can be found. After Henry Davis was brutally beaten by four Ferguson officers, he found himself charged with “destruction of official property” for bleeding on their uniforms.

March 9, 2015

Brendan O’Neill defends “drunk sex”

Filed under: Law,Liberty,USA — Tags: , , , — Nicholas @ 03:00

Writing in Reason, Brendan O’Neill laments “the state’s intervention into private life”:

Is it acceptable to have drunk sex? Most people who aren’t citizens of the Islamic State or followers of some frigid Christian group will answer with an emphatic: “Hell, yeah.” Not only is it acceptable, they’ll think; it’s good, one of life’s great pleasures, a rare moment when you can ditch the pesky rational thinking required in everyday life and instead abandon yourself — mind, soul, and genitals — to a moment of dumb, beautiful joy.

Well, enjoy it while you can, folks. Because like everything else pleasurable in the 21st century — smoking in a bar, complimenting a lady on her looks, drinking a bucket-sized Coke — drunk sex is under attack from that new caste of killjoys who wouldn’t recognize fun if it offered to buy them a drink (“unwanted sexual advance.”) Drunk sex is being demonized, even criminalized: turned from something that can be either wonderful or awkward into, effectively, rape. They warned us for years, “Don’t drink and drive.” Now it’s, “Don’t drink and fuck.”

[…]

On both sides of the Atlantic, campuses that were once hotbeds of anti-The Man radicalism have become conveyor belts of conformist policymaking, particularly in relation to anything that has what these prudish heirs to Andrea Dworkin consider to be the rancid whiff of s*x. And what kind of sex do they loathe most? Drunk sex.

Numerous colleges now insist that it isn’t possible to consent to sex if you’re three sheets to the wind, which means that all sexual acts carried out under the influence are potential crimes. The University of Georgia warns students that sexual consent must be “voluntary, sober, imaginative, enthusiastic, creative, wanted, informed, mutual, honest.” There are many problematic words in that — “imaginative”? Can’t we consent to sex unimaginatively, maybe by saying “Oh, go on then”? — but the most problematic is “sober.” Apparently sex must always be booze-free.

[…]

It’s hard to know what is most repulsive about this creeping criminalization of shit-faced sex. Is it the way it infantilizes women with its sexist implication that they are less capable of negotiating sexual encounters while drunk than men, hence the drunk man must shoulder responsibility for these apparently depraved shenanigans? This echoes the temperance movements of the late 19th century, which likewise warned dainty ladies that getting blotto would lead to sexual misadventure and downfall. Or is it the way it demonizes men, turning even the sweet, utterly non-violent young lad who has to have eight vodkas to buck up the courage to sleep with his beau into that most heinous of criminals: a rapist? Or is it the fact that its aim is to deprive us of one of the great hoots of human life: stupid sex, where you don’t know or care what is going on, where the condom is, or even if she’s on the Pill? That moment of madness, that instant when feeling takes over and your brain has a night off, that time when you can’t string a sentence together but somehow you can still have sex… seriously, students, you should try this.

The big problem is the shift in recent years from talking about rape to “sex without consent.” Rape is a violent word that describes a conscious act by a wicked man (usually) to defy a woman who says no and to force sex on her. Disgusting. Lock him up. But “sex without consent” is a totally different phrase: it’s more passive, signalling an act that doesn’t require criminal intent and which can cover everything from rape as it was once understood to drunk sex, drugged-up sex, or regretted sex. We’ve gone from punishing those who rape to casting a vast blanket of suspicion over anyone who has sex. But the fact is — and please don’t hate me — sex isn’t always 100 percent consensual. Especially after booze. Sometimes it’s instinctual, thoughtless, animalistic. Sometimes it just happens. It’s sex without consent — that is, without explicit, clearly stated, sober consent — but it ain’t rape. It’s sex.

March 7, 2015

An update on the Adrian Peterson saga

Filed under: Football,Law,Media — Tags: , , , — Nicholas @ 05:00

If you haven’t been following along at home (and I don’t blame you if you haven’t), Minnesota Vikings running back Adrian Peterson only played in one game last season, due to media and fan outcry after he was charged over a beating he performed on one of his children. When I first heard about it, I thought it was a tempest in a teapot … that the mother of one of Peterson’s several children was trying to get her 15 minutes of media fame. Once I saw the photographs of the child’s injuries (taken a few days after the beating), I completely changed my mind. The child’s mother was totally right to raise this issue and Peterson did need to go to court over the incident.

Peterson is without a doubt the best running back of his generation — one of the greatest talents of all time — yet he still has his own issues that prevent him from achieving what his athletic talents would otherwise allow. And he’s his own worst enemy, because he doesn’t seem to get it that he himself is the one at fault for last year’s disappointments and frustrations (it wasn’t Roger Goodell holding the switch, and it wasn’t the team encouraging him to do it … this is all on Adrian). 1500ESPN‘s Judd Zulgad tries to put it in understandable terms:

Let me be clear about one thing: Peterson’ distrust, or anger, at the Vikings is misguided, juvenile and irrational. It’s also not surprising. Having covered Peterson on a daily basis for four seasons, I can tell you that for a superstar player he never seemed to have a huge ego.

But what also became clear about Peterson, and this took time to realize, was that his “get it” factor was incredibly low. That has shown itself in various ways.

In November 2009, Peterson was clocked driving 109 miles per hour in a 55-mile-per-hour zone. In March 2011, minutes before NFL owners locked out players, Peterson gave an interview to Yahoo! Sports in which he compared the players’ place in the game to “modern-day slavery.” In October, Peterson admitted to smoking “a little weed” while out on a $15,000 bond after being indicted on a felony child abuse charge.

Take these incidents on a case-by-case basis and maybe they can be rationalized. But put them together and you’re dealing with a guy who doesn’t get it.

The child abuse charge was why Peterson ended up playing in only one game this past season and why he ended up being transferred from the commissioner’s exempt list to the suspended list and is now back on the exempt list after a court found in his favor last week and gave the case back to the NFL.

Peterson ended up pleading no contest to misdemeanor reckless injury on Nov. 4 in Texas. The Vikings’ only misstep when it comes to how they handled the Peterson situation was the fact that after having him sit out in Week 2, they briefly decided that he could continue playing before outrage from fans and sponsors forced the team and the league to come up with a way to make him go away.

In recent interviews, Peterson has brought up his concerns about returning to the Vikings, as if they are at fault for his lost season. Perhaps Peterson’s feeling is that if the charges against him hadn’t occurred in the days after footage of Ray Rice striking his fiancée in an elevator surfaced that commissioner Roger Goodell’s punishment would have been different.

He’s probably right.

But let’s not forget that Peterson is the one who struck his 4-year-old son with a “switch”. If Peterson is angry at anyone for having to sit out, his frustration should be directed at himself. Second on that list should be Goodell.

The Vikings did nothing wrong when it came to Peterson not playing and, if anything, they should be angry at him. Spielman, Zimmer and everyone else knows this.

They also know that if they want to get anything in return for Peterson they have to act like they want him back. Thus, the trip to Houston became a necessity, even if it was a charade.

I was horrified at the punishment Peterson inflicted on his child. I thought the decision to de-activate him while his court case was in process was sensible and right. Then, of course, I was mortified when the Vikings tried to re-activate him so quickly, and I lost some confidence that the Vikings’ management could so mis-read the situation. As things progressed, I was unhappy with the NFL in turn for their hypocritical and inconsistent treatment of Peterson, as the league tried to reverse the flow of time itself in order to use Peterson to expiate their own disciplinary sins and omissions.

I can’t blame the NFL Players Association for pushing this, as the NFL should not have the power to retroactively define the terms and conditions under which NFL players work. Punishing Peterson for transgressions (however repulsive) that occurred before those particular rules were put in place is far from justice. Even more, the way the league has handled the situation makes little sense, as the punishment seems to be inflicted on the team Peterson plays for even more than on the player himself (after all, Peterson still collected a multi-million dollar salary while he was in NFL limbo). In what sense should the other 52 players on the Vikings’ roster have to put up with additional uncertainty (beyond the fact that their top player is kept out of the game).

Initially, I hoped that Peterson would recognize that he’d transgressed the boundaries that most North Americans accept on what is reasonable discipline for a four-year-old, admit that he was wrong, and work to regain the trust of society (in general) and the Minnesota fans (in specific). Instead, it appears that Peterson still can’t accept that what he did was wrong and he clearly resents the team management for not backing him 110% during his time away from the team. This is an amazing level of delusion and inability to empathize with others … the Vikings may not have been there for every twist and turn of his legal tribulations, but if that was what he expected, it only emphasizes that he’s not really aware of how badly he disappointed his employers, his fans, and the general public by his actions.

In light of this, perhaps it’s better for all concerned if Adrian Peterson continues his career somewhere other than in Minnesota. I hear Indianapolis, Dallas, and Arizona are lovely places to play football. Maybe one or the other will be his next employer/fanbase. That might be best for everyone.

Update, 9 March: This article might make some heads explode…

March 6, 2015

Djinn accused of murder … by victim’s boyfriend

Filed under: Law,Middle East,Religion — Tags: , , , — Nicholas @ 05:00

While we’re on the topic of odd beliefs in the middle east, here’s a fascinating court case:

If the East ever perfects its own version of the courtroom drama — Piri Mason, say — it will surely consist of dramatic moments like this: Koksal Sahin, a Turkish man accused of murdering his girlfriend, stealing her valuables, and fleeing from Istanbul to Izmir, pleaded not guilty this week and offered the court revelatory testimony of what actually happened. “As far as I understood,” Mr. Sahin told the court, “a genie attacked her.”

According to the defendant, when this genie saw an Islamic amulet that was hanging from Mr. Sahin’s neck, the malevolent entity went berserk. Mr. Sahin realized what was happening because his late girlfriend was “saying something in Arabic” while attacking herself. The genie not only caused Mr. Sahin’s girlfriend to stab herself in the stomach and cut her own throat, he testified, but it also grabbed Mr. Sahin himself and flew him off to Izmir, where he found himself registered as a guest in a hostel, apparently in possession of the girlfriend’s valuables.

But Mr. Sahin’s story is not as ironclad as it may seem. While several aspects of the story are consistent with the behavior of genies — or djinn — according to traditional lore and even some judicial precedent, others are previously unrecorded. Djinn are certainly believed to be able to possess human beings and to influence their behavior, and they have a long mischievous history of flying people about and depositing them in distant places, especially when the humans are asleep. And while cases of djinn killing people may exist in the lore, instances of djinn murdering their own human hosts unprovoked are highly unusual.

March 5, 2015

Reason.tv – Montana’s Yoga Pants Ban is a Joke (or is it?) Nanny of the Month (Feb ‘15)

Filed under: Government,Law,Liberty,Media — Tags: , , — Nicholas @ 04:00

Published on 4 Mar 2015

They’re busting backyard archery in Minnesota, and massage shops in California, but you’ll find the Nanny of the Month in the Big Sky state where one lawmaker got his undies in a bunch over the Bare as You Dare bike ride and decided to crack down on indecent exposure, including yoga pants! (Especially the extra-naughty beige colored ones.)

But wait, is the whole ban one big joke or is the state representative who proposed it backpedaling in the face of ridicule?

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