Quotulatiousness

August 17, 2016

QotD: The Lifestyle Charity Fraud

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

For decades I have observed an abuse of charities that I am not sure has a name. I call it the “lifestyle” charity or non-profit. These are charities more known for the glittering fundraisers than their actual charitable works, and are often typified by having only a tiny percentage of their total budget flowing to projects that actually help anyone except their administrators. These charities seem to be run primarily for the financial maintenance and public image enhancement of their leaders and administrators. Most of their funds flow to the salaries, first-class travel, and lifestyle maintenance of their principals.

I know people first hand who live quite nicely as leaders of such charities — having gone to two different Ivy League schools, it is almost impossible not to encounter such folks among our alumni. They live quite well, and appear from time to time in media puff pieces that help polish their egos and reinforce their self-righteous virtue-signaling. I have frequently attended my university alumni events where these folks are held out as exemplars for folks working on a higher plane than grubby business people like myself. They drive me crazy. They are an insult to the millions of Americans who do volunteer work every day, and wealthy donors who work hard to make sure their money is really making a difference.

Warren Meyer, “The Lifestyle Charity Fraud”, Coyote Blog, 2016-08-04.

July 28, 2016

QotD: Turning sex into a crime

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

Rape is a serious crime: those convicted of it face a lengthy prison sentence. Sexual foolishness or stupidity should not be a crime, although its protagonists may well be deserving of moral censure. There is a line to be drawn between sex that is criminal and sex that lacks the criminal culpability to warrant a lengthy prison sentence. In recent years, that line has moved so that those who deserve the shameful tag “rapist” are now joined by some who do not.

The point was well made by the journalist Sarah Vine, who wrote of sexual behaviour that should not be criminalised: “Let’s face it, we’ve all done it at one time or another. Shared a cab home with someone we shouldn’t have; invited the wrong guy in for coffee. Unless you’re a saint, the chances of getting through life without making at least one disastrous sexual choice are very small.”

Acts of sexual foolishness or stupidity by men and women, particularly the young, have always happened. But, as Vine pointed out, “it used to be that women who made stupid mistakes with men, who had non-violent sexual encounters in dodgy circumstances — while drunk or otherwise intoxicated, in the heat of the moment or for a million other reasons — did not wake up the next morning and decide they had been raped. They took a shower, gave themselves a stern talking to, maybe told a friend about it , had a bit of a cry — and then moved on as best they could, vowing along the way never to end up in that kind of damn stupid situation again.” Likewise, men who made stupid sexual decisions would, in days gone by, have learnt from their mistakes, often as part of a process of growing up.

But today, to use Vine’s words, “there’s a far easier option” for the woman: “blame the bloke” by “crying rape”. And for the bloke there is now the stark scenario of being woken up not just with a splitting headache and a guilty conscience, but by a policeman’s knock on the door.

Jon Holbrook, “New rape laws: turning sex into a crime”, spiked!, 2015-02-12.

July 26, 2016

The “international sporting event” in “a major city in Brazil”

Filed under: Americas, Law, Media, Sports — Tags: , , , , — Nicholas @ 03:00

Every four years, the world’s media turn en masse to a new location for the summer Olympic Games. This time around the games event is in Rio de Janeiro a major city in Brazil. I’d give more details, but the IOC is determined to reserve as much of that information to themselves and their official sponsoring media partners:

As the Olympic Games approach, the tension between athletes and non-sponsors with the United States Olympic Committee and the International Olympic Committee has ratcheted up once again.

In recent weeks, the United States Olympic Committee sent letters to those who sponsor athletes but don’t have any sponsorship designation with the USOC or International Olympic Committee, warning them about stealing intellectual property.

“Commercial entities may not post about the Trials or Games on their corporate social media accounts,” reads the letter written by USOC chief marketing officer Lisa Baird. “This restriction includes the use of USOC’s trademarks in hashtags such as #Rio2016 or #TeamUSA.”

The USOC owns the trademarks to “Olympic,” “Olympian” and “Go For The Gold,” among many other words and phrases.

The letter further stipulates that a company whose primary mission is not media-related cannot reference any Olympic results, cannot share or repost anything from the official Olympic account and cannot use any pictures taken at the Olympics.

This isn’t really a new or surprising thing, as we had warnings about any discussion of the “‘international sporting event’ in ‘the capital of the United Kingdom'” back in 2012. More recently, Toronto’s Pan Am Games organizers did the same sort of trademarks-out-the-wazoo-and-lawyers-on-speed-dial stuff over their 2015 international sporting event in ‘a large city in Ontario’.

If nothing else, it gives me an excuse to not blog anything about those every-four-years international corruption championships…

Craft brewing has a growing trademark problem

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

At Techdirt, Timothy Geigner predicts that the craft beer market is getting close to trademark armageddon … they’re running out of punny names they can legally use for their beer:

With all the trademark actions we’ve seen taken these past few years that have revolved around the craft beer and distilling industries, it seems like some of the other folks in the mass media are finally picking up on what I’ve been saying for at least three years: the trademark apocalypse is coming for the liquor industries. It’s sort of a strange study in how an industry can evolve, starting as something artisan built on friendly competition and morphing into exactly the kind of legal-heavy, protectionist profit-beast that seems like the very antithesis of the craft brewing concept. And it should also be instructive as to how trademark law, something of the darling of intellectual properties in its intent if not application, can quickly become a major speed bump for what is an otherwise quickly growing market.

All of this appears to have caught the eye of Sara Randazzo, blogging at the Wall Street Journal, who notes that the creatively-named craft beers that have been spewing out of microbreweries across the country may be running out of those creative names.

    As today’s Wall Street Journal explores, legal disputes in the beer world are becoming the norm as new craft breweries spring up at a rate of roughly two per day. Trademark lawyers have gotten so used to the beer disputes that they are now turning on each other. Some dozen lawyers are contesting San Diego lawyer Candace Moon’s attempt to trademark the term “Craft Beer Attorney,” which she says she rightfully deserves.

Within the rest of the post, Randazzo highlights one dispute between craft brewers in order to give a sense of just how small these belligerent parties are. It’s a dispute that escaped even my radar, despite what has become something of my “beat” around Techdirt. Three professionals with day jobs decided to make a go at brewing craft beer and named their company Black Ops Brewing, the pun resting upon “hops” used in their beer, while also serving as a nod to their family members that served in the military. Three guys making beer, but the trademark dispute came almost immediately.

The problem is that once you’ve been granted a trademark, you have to defend it early and often or you’ll lose it. This means tiny companies with a couple of trademarked products are pretty much required to lawyer-up and threaten to go nuclear at the faintest hint of an infringement for fear they’ll lose the right that they’ve claimed. The gains from pursuing a possible infringement are usually tiny and the legal costs almost always outweigh any “winnings”, but the risks of not doing so are potentially huge. This is an example of a perverse incentive in law.

July 25, 2016

QotD: The Nac Mac Feegle

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

“They think written words are even more powerful,” whispered the toad. “They think all writing is magic. Words worry them. See their swords? They glow blue in the presence of lawyers.”

Terry Pratchett, The Wee Free Men, 2003.

July 13, 2016

Thirty years of corporate anti-harassment training has made no difference at all

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

Amy Alkon on the not-very-surprising discovery of a recent US government Equal Employment Opportunity Commission study that after three decades of corporate anti-harassment training, no discernable difference in workplace harassment can be detected:

Anti-Harassment Training Doesn’t Work

But let’s keep it up so we can feel like we’re doing something. (More on that below.)

By the way, as I’ve written before, referencing the work of evolutionarily-driven law professor Kingsley Browne, men give each other shit — in the workplace and as a way of competing with each other.

Sure, there’s a point at which this can become toxic, but if you can’t take a joke or a bit of teasing, maybe you need to strengthen up so you can make it in the work world, as opposed to demanding that the work world conform to nursery school niceness standards.

Then again, you can always stay home and just care for the kiddies while your spouse braves those, “Hey, nice pants, dude!” jokes.

By the way, men’s competitiveness comes out of evolved sex differences — how men are the warriors (and competitors) of the species and are comfortable in competition with each other and with hierarchies in a way women are not.

Sex differences research Joyce Benenson explains that women group in “dyads” — twos — and are covert competitors, engaging in sniping and casting out any women who seem to stand out as better than the rest. (Women seem to have evolved to show vulnerabilities rather than strengths to other women in order to show they are trustworthy — which may be why women tend to be apologizers and put themselves down.)

July 5, 2016

QotD: A government reform proposal

Filed under: Government, Humour, Law, Quotations, USA — Tags: , — Nicholas @ 01:00

I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.

H.L. Mencken, “The Malevolent Jobholder”, The American Mercury, 1924-06.

June 27, 2016

QotD: The dangers of expanding the government’s power

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

Urging vague and unconstrained government power is not how responsible citizens of a free society ought to act. It’s a bad habit and it’s dangerous and irresponsible to promote it.

This is not an abstract or hypothetical point. We live in a country in which arbitrary power is routinely abused, usually to the detriment of the least powerful and the most abused among us. We live in a country in which we have been panicked into giving the government more and more power to protect us from harm, and that power is most often not used for the things we were told, but to solidify and expand previously existing government power. We live in a country where the government uses the power we’ve already given it as a rationale for giving it more: “how can we not ban x when we’ve already banned y?” We live in a country where vague laws are used arbitrarily and capriciously.

Ken White, “In Support Of A Total Ban on Civilians Owning Firearms”, Popehat, 2016-06-16.

June 25, 2016

QotD: It’s a bad time to become a parent

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

The title of this Time piece, “Parenting is Now Officially Impossible,” made me sit up. It’s true. Anything we do as parents can and may be used against us. It’s like living in a totalitarian state—we are not free to raise our kids as we see fit because we are being watched and judged. We make choices based on fear of busybodies and the authorities they can summon by punching three digits into their phone.

This surveillance society has become so normalized that yesterday I was listening to a June 9 episode of Marc Maron’s WTFpodcast where Marc and guest Daniel Clowes are chatting about their slacker ’70s parents. (It’s about 50 minutes in, if you want to hear it.) As they marvel at the freedom they had as kids, and some bad experiences, they agree that this kind of parenting was totally wrong. Unironically they concur, “You don’t let your kid get on the bus at 11 [years old]. Never! I would turn MYSELF into the police.”

Isn’t that phrasing remarkable? The idea, “Disapprove of a parent? Call 911,” has become so unquestioned, so automatic, that citizens don’t even realize they have been seduced into the role of Stasi.

Lenore Skenazy, “Busybodies and Complicit Cops Make It Impossible to Parent: When mistakes become crimes”, Reason, 2016-06-15.

June 3, 2016

QotD: “Free speech will always win”

Filed under: Europe, Law, Liberty, Media, Quotations — Tags: , — Nicholas @ 01:00

I don’t make statements like this a lot, and I don’t really feel like engaging in a huge debate. But there’s something I need to say regarding Charlie Hebdo.

God knows I have little in common with the folks who died. I doubt we’d have agreed on very much. Looking over some of their work, I find myself rolling my eyes a lot.

But I do agree on at least one matter with them — they should be free to speak their minds without fear.

I saw this tweet attached to one of the cartoons responding to the massacre:

“Still mortified about our fallen cartoonist colleagues, but free speech will always win.”

No.

No it won’t.

The history of the human race demonstrates /very/ convincingly that free speech is the /exception/ to the human condition, not the rule. For millennia, those who spoke out were imprisoned or killed. Hell, you could say something that wasn’t even subversive, just inept and stupid, and be destroyed for committing the crime of lese majeste.

Make no mistake. What we have today is a level of freedom and self-determination on a scale unparalleled in the history of our species. We live in what is, in many ways, a golden age. So much so that we give tremendous credit to the adage, “The pen is mightier than the sword.”

But everyone always forgets the first half of that quote:

“Under the rule of men entirely great, the pen is mightier than the sword.”

I’m not sure I know of anyplace that’s ruled by anyone “entirely great.” That adage wasn’t a statement of philosophy, as it was originally used: it was a statement of irony.

Don’t believe me? Look around. Notice that everywhere you go in the world, whoever happens to be ruling seems to have a great many swords.

Still, the idea contained within the quote is a powerful one — that intangible ideas, thoughts, and beliefs can have tremendous power. And that’s why we should be paying close attention.

After all, intangible fear can be mightier than the sword, too. Hell, it has been for quite a while now. Don’t believe me? Try getting on an airplane without taking your shoes off in the security line. While you’re doing that, try cracking a joke about having a knife.

That’s the power of fear, guys.

We. Are. In. Danger.

Jim Butcher, “Freedom v Fear”, jimbutcher, 2015-01-07.

May 27, 2016

QotD: Teenage sex

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

A wise and cynical friend of mine once described the motivation behind puritanism as “the fear that someone might be fucking and getting away with it”. I think the subtext of the periodic public panics about teen sex has always been resentment that sexy young things just might be getting away with it — enjoying each others’ bodies thoughtlessly, without consequences, without pregnancy, without marriage, without “meaningful relationships”, without guilt, without sin.

The traditional rationalizations for adult panic about teen sex are teen pregnancy and STDs. But if teen pregnancy really had much to do with adult panic, anti-sex rhetoric would have changed significantly after reliable contraception became available. It hasn’t. Similarly, we don’t hear a lot of adult demand for STD testing in high schools. No; something else is going on here, something more emotional and deeper than pragmatic fears.

Conservatives and liberals alike are attached to the idea that sex ought to be controlled, be heavy, have consequences. The Judeo-Christian tradition of repression, which yokes sex to marriage and reproduction, is still powerful among conservatives. Liberals have replaced it with an ethic in which sex is OK when it is harnessed to building relationships or personal growth or therapy, but must always be undertaken with adult mindfulness.

Both camps are terrified of mindless sex, of hedonism, of the pure friction fuck. Lurking beneath both Judeo-Christian and secularized taboos is a fear that too much pleasure will damn us — or reduce us to the status of animals, so fixated on the drug of orgasm that we will become unfit for marriage and society and adult responsibility. What has not changed beneath contingent worries about pregnancy and STDs is the more fundamental fear that pleasure corrupts.

And beneath that fear lurks something uglier — the envy that dares not speak its name. The unpalatable truth is that a teenager’s “immature” hormone-pumped capacity to have lots of mindless sex makes adults jealous. The conscious line is that the kids have got to be stopped before they have more sex than is good for them — the unconscious line is that they’ve got to be stopped before they have more fun than we can stand.

Eric S. Raymond, “Teen Sex vs. Adult Resentment”, Armed and Dangerous, 2002-05-29.

May 26, 2016

QotD: The weaknesses of laws

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

The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.

H.L. Mencken, Editorial in The American Mercury, 1924-05.

May 20, 2016

QotD: The law and the US constitution

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

Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. If the right pressure could be applied to him, he would be cheerfully in favor of polygamy, astrology or cannibalism.

It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit. The Fathers, in framing it, did not have powerful minorities in mind; what they sought to hobble was simply the majority. But that is a detail. The important thing is that the Bill of Rights sets forth, in the plainest of plain language, the limits beyond which even legislatures may not go. The Supreme Court, in Marbury v. Madison, decided that it was bound to execute that intent, and for a hundred years that doctrine remained the corner-stone of American constitutional law.

H.L. Mencken, The American Mercury, 1930-05.

April 29, 2016

QotD: American liberty

The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if the motto “In God we trust” were one day expunged from the coins of the republic by the Junkers at Washington, and the far more appropriate word, “verboten,” substituted. Nor would it astound any save the most romantic if, at the same time, the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.

H.L. Mencken, The American Credo: A Contribution toward the Interpretation of the National Mind, 1920.

February 3, 2016

Brace yourself for the predictable bullshit about “trafficked” prostitutes at the Super Bowl

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

In Reason, J.D. Tuccille explains why the usual media coverage of underage/trafficked/sex slave prostitutes being shipped in to cater to the depraved masses at the Super Bowl are so much hysterical nonsense:

When the Carolina Panthers and the Denver Broncos face off in San Francisco, experts warn us to expect Cam Newton and Peyton Manning to face burial under a tidal wave of human flesh — not the opposing team’s defensive line, as you might expect, but a writhing mass of sex slaves inundating the Super Bowl and the Bay Area.

Or so government officials and moral panic types would have it.

“Super Bowl host cities typically see a jump not just in tourists, but also in some crimes, including human trafficking and prostitution,” San Francisco’s KGO warned earlier this month on Human Trafficking Awareness Day, an annual event held every January 11.

“The good news is that we are continuing our efforts to fight human trafficking,” San Francisco District Attorney George Gascón said the same day. “The bad news is that the problem continues to increase.”

Gascón made his comments at a press conference deliberately tied to the big game, in anticipation of a wave of “trafficked” sex workers descending on the area.

That term – not “prostitution,” but “trafficking” — is a deliberate choice, selected to confuse people accustomed to the plain language established over the long history of the buying and selling of sexual services. The reason why is obvious. While the trade in sex was once frowned upon in itself, that’s no longer necessarily the case. A YouGov poll published this past September found Americans almost evenly divided, with 44 percent favoring legalization of prostitution, and 46 percent opposed. That’s up from 38 percent support for legalization in 2012. Amnesty International is among the organizations seeking to recognize people’s right to, in the organization’s words, “the full decriminalization of all aspects of consensual sex work.”

Opponents of commercial sex find themselves on the wrong side of shifting public opinion, so they pull a little rhetorical sleight of hand to get around that inconvenient word “consensual.” The implication of the “trafficking” terminology is that prostitutes are slaves — and they’re being hustled off to a major sporting event near you.

“Coercion is much rarer than ‘trafficking’ fetishists pretend it is,” insists Reason contributor and former call girl Maggie McNeill. “The term ‘trafficking’ is used to describe many different things along a broad spectrum running from absolutely coercive to absolutely not coercive, yet all of them are shoehorned into a lurid, melodramatic and highly-stereotyped narrative.”

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