Quotulatiousness

December 8, 2017

Final hurdle for US tax reform efforts

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

Veronique de Rugy looks at the two differing tax bills passed by the Senate and the House of Representatives and what needs to be done to blend them into a single bill for the President to sign:

The House and Senate passed their own versions of a tax reform bill surprisingly fast. But now the hard work starts, as they need to turn those two bills into one. The trick is to produce a bill that can pass both chambers again, meaning a bill that appeases some powerful interest groups while still making the budget math work.

In some respects, this conference process may be easier than we think. Once lawmakers have come this far with such a big bill—when stakes are this high—it’s hard to imagine them not doing everything they can to cross the finish line. Helping in the process is the fact that their bills aren’t so vastly different in terms of philosophy and provisions that it makes reconciling differences impossible.

[…]

It’s worth considering some worst- and best-case scenarios resulting from this conference process. Worst-case scenario, the final bill would water down the investment provisions and entirely preserve many tax preferences currently targeted in both bills. It would also preserve the House version’s individual rates, including a 12 percent bubble rate for top income earners, which effectively would impose a marginal tax rate of 45.6 percent, as opposed to the current 39.6 percent.

It would expand the child tax credit value beyond the levels passed in the House ($1,600) and the Senate ($2,000). That change would remove a large number of taxpayers from the tax rolls, which would be problematic because Republicans also refuse to cut spending. This also would shift more burden to the top 10 percent (taxpayers making above $138,000), who already pay 70 percent of the total federal income tax. If members of Congress also were to expand the refundable part of the credit, it would dramatically increase government spending, too.

The cherry on a very unsavory tax cake would be if lawmakers adopted the House’s tax base erosion provisions, which include an idiotic excise tax that resembles the dreaded border adjustment tax, which was killed in recent months.

To finish on a positive note, allow me to dream a little. My best-case scenario would maintain the permanent 20 percent corporate tax rate. It would also delay the adoption of anti-tax avoidance provisions until lawmakers get to assess the full impact that cutting the corporate tax rate has on avoidance behaviors by companies. Congress would adopt the Senate version of the individual tax rates or even cut the top marginal rate further.

December 5, 2017

Happy Repeal Day!

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

Eighty-four years ago today, the US repealed Prohibition. Baltimore’s own H.L. Mencken was among the first to publicly celebrate the demise of the hated legislation:

HL Mencken celebrates repeal of Prohibition, December 1933

Reason‘s Baylen Linnekin celebrates the federal anniversary, but points out that devolving powers to the various states hasn’t been quite a libertarian panacea:

[December 5th] will mark the 84th anniversary of the ratification of the Twenty-First Amendment, which repealed alcohol Prohibition. The repeal of Prohibition is worth celebrating, even if the amendment was (and remains) a deeply flawed vehicle.

The chief flaw with the Amendment is, as I wrote earlier this year, that it “simply shifted much of the power to prohibit and incessantly regulate alcohol from the federal government to the states.”

States have truly made the most of their teetotalitarian authority for decades, to the detriment of both alcohol producers and—much more so—consumers.

Much of the negative impacts of states’ approach to alcohol regulation can be tied to what’s known as the three-tier system, a Prohibition relic under which states generally prohibit direct alcohol sales from a brewer, vintner, or distiller to a consumer. The three-tier system mandates these alcohol producers first sell to a distributor or retailer — a mandatory middleman — who can then sell to actual drinkers.

Laws that require this approach create a host of problems, including, for one, that they drive up consumer costs dramatically and needlessly. States’ plenary control over alcohol has been controversial for decades, as this 1987 article in the Journal of Public Health Policy makes clear, noting that “the idea of a government monopoly of a consumer product seems odd and even bizarre[.]”

Great arguments in favor of scrapping the dreaded three-tier system are often countered by those who claim doing so will bring about the end of days, or worse.

Reposted from 2013:

ReasonTV
Published on 5 Dec 2012

In honor of Repeal Day, which celebrates the end of America’s “noble experiment” in banning alcoholic beverages, Reason TV is happy to introduce you to George Cassiday, a man whose life and work should be taught to every schoolkid — and to every member of Congress hell-bent on legislating the nation’s morals.

From 1920 through 1930 — the thick of the Prohibition era — Cassiday supplied illegal liquor throughout the halls of Congress. Known as “The Man in the Green Hat,” Cassiday was the Capitol’s highest-profile bootlegger, with a client list that included senior members of the Republican and Democratic Parties. How instrumental was he to the D.C. power elite? He even had his own office in the House and Senate office buildings.

Cassiday gave up the liquor trade after his arrest in 1930, but gained notoriety by penning a series of front-page articles for The Washington Post about his days as Congress’ top bottle man.

Though he never named names, Cassiday’s stories detailed every aspect of his former business — and the depths of hypocrisy in Washington. By his own estimation, “four out of five senators and congressmen consume liquor either at their offices or their homes.” Appearing days before the 1930 mid-term elections, Cassiday’s revelations caused a national stir and helped sweep pro-Prohibitionist — and ostensibly tee-totaling — congressmen and senators out of power.

Today, with the rise of cocktail culture and prohibition-vogue in full swing, Cassiday’s life and legacy are being re-discovered. Through books such as Garrett Peck’s Prohibition in Washington, D.C.: How Dry We Weren’t to New Columbia Distillery’s Green Hat Gin, the remarkable story of George Cassiday — “The Man in the Green Hat” — is again being told.

Reason TV spoke with Cassiday’s son, Fred, author Garrett Peck, and New Columbia Distillery’s John Uselton to discuss George Cassiday and the end of Prohibition.

December 3, 2017

Alberta debates marijuana legalization … oddly

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

Colby Cosh’s most recent column is a real-life illustration of the old Bastiat saying that “The worst thing that can happen to a good cause is not to be skillfully attacked, but to be ineptly defended”:

I will leave better informed people to discuss Mr. Orr’s creative interpretation of the Cultural Revolution as being a proto-Reaganite anti-drug crusade. Actually, I am just informed enough to discuss it, briefly. Here’s the discussion: it’s bananas.

And yet! — the nonsense about China might not even have been the silliest part of the speech. Orr has concerns that legalized marijuana might not serve to suppress illegal production. This could, in itself, be a legitimate point. There is a genuine fear that the licensed vendors will set the price too high to compete with existing dealers. But it is not quite the point Orr chose to make. He seems to be convinced that licensed growers cannot compete with the black market at any price.

Why is it that criminals grow pot? Orr’s answer is not “because growing pot has, until now, been a crime.” That would be too easy. “Let’s look at it from a business point of view,” he suggests…

“The black market doesn’t have to pay taxes. They don’t have to pay (worker’s compensation). In most cases they don’t have to pay for any capital expenditures on land or buildings. They don’t have to buy business licences. In many cases they don’t pay for power… Anybody who tries to do this legally is going to have to pay all of these expenses, and you think you can compete financially on that level with them?”

This, of course, explains why, when we want furniture or shoes or chicken, we all invariably buy them in back alleys from underground businesses. But if Orr were to actually look around Alberta — even his own part of Alberta — he would see that lawful businesses do have some advantages.

Legal growers can raise hundreds of millions of dollars in capital markets not run by guys named Lefty or Snake. They can recruit scientists, professional marketers, and horticultural experts without having to hope Walter White shows up. They can exploit economies of scale. They can buy or rent acres of land without having to hide from helicopters. They can do business in broad daylight: they can rent billboards.

And meanwhile, it is not really as though illegal pot growers don’t have labour costs, or overhead, or capital and land requirements. Underground businesses that don’t pay “tax” still have to spend money, often more money, on the basic protective services that taxes buy the rest of us. Any economist could have told Mr. Orr as much. But I am afraid he got his economics out of the same Cracker Jack box his Chinese history came from.

November 18, 2017

Legalize Medically-Assisted Sex: Keep Government Out of Bedrooms and Wheelchairs

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

ReasonTV
Published on 17 Nov 2017

We should all be adults about sex and not deprive the disabled of services from which they’d benefit.

——

Nine out of 10 doctors agree sex is good for you, or at least better for you than smoking. But what happens if you have a disability that makes it difficult to engage in sex, or find a sexual partner in the first place? Enter sex surrogates, professionals who help the disabled work through their sexual problems (in large part by having sex with them). Although there’s a case to be made for the medical, if not psychological, benefits sex surrogates provide, they’re operating in a legal gray area.

In the latest Mostly Weekly, host Andrew Heaton makes the case that we should all be adults about sex and not deprive the disabled of services from which they’d benefit.

“Mostly Weekly” is hosted by Andrew Heaton with headwriter Sarah Rose Siskind.
Script by Sarah Rose Siskind with writing assistance from Andrew Heaton and Brian Sack.
Edited by Austin Bragg and Siskind.
Produced by Meredith and Austin Bragg.
Theme Song: Frozen by Surfer Blood.

November 15, 2017

Ignorance of the law … is inevitable, because there are so many laws

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

We’ve all heard the old saying that “ignorance of the law is no excuse”, but there has been such massive growth in the number and scope of laws in the last couple of generations that even the people who work in the legal field can’t possibly keep up. What chance do average citizens have to ensure they aren’t accidentally falling afoul of unknown (and for all practical purposes, unknowable) legal traps?

“Because I said so.” “Life isn’t fair.” “Ignorance of the law is no excuse.” These are some of the great cop-outs of all time, and the last one is particularly troubling in a country with so many laws that it is impossible to count — let alone read — them all. When was the last time you sat down with a complete set of the federal, state, and local codes setting forth the tens of thousands of criminal violations for which you could be sent to jail? If you answered “never,” you’re in good company. Nevertheless, America’s judges still cling to the proposition that it’s perfectly fine to lock people up for doing something they had no idea was illegal. But it’s not fine, and the justifications for that palpably unfair rule have only grown more threadbare with time.

Laws Are Not Even Countable, Much Less Knowable

Things have gotten so bad that even an act as innocent as sharing a Netflix password or a bank website password with a family member could potentially carry criminal penalties if the website disallows password sharing. The Computer Fraud and Abuse Act of 1986 bans intentionally accessing a computer “without authorization,” and the Supreme Court has recently declined to hear a case from the Ninth U.S. Circuit Court of Appeals, United States v. Nosal, that held that password sharing could be prohibited by the Act. Although the majority opinion did not explicitly mention innocent password sharing, the dissent noted that the lack of any limiting principle meant that the majority’s reasoning could easily be used to criminalize a host of innocent conduct.

One rationale for the maxim that ignorance of the law is no excuse was to give people an incentive to educate themselves about legal requirements. But as any law student will attest, one can study those requirements for years and barely scratch the surface. Another rationale was to prevent people from escaping criminal penalties by claiming ignorance, even when they actually knew they were breaking the law. That might have made sense in ancient times when there were only a few dozen crimes on the books and all of them involved morally blameworthy conduct like murder, arson, or rape.

But today the law has grown so complicated, and the relationship between law and morality so attenuated, that these supporting rationales no longer make sense. There have been multiple attempts to count the number of federal crimes, including by the Department of Justice, and no one has yet succeeded. Title 18 of the United States Code, which governs crimes and criminal procedure, has over 6,000 sections, and it is estimated that there are more than 4,500 federal crimes and over 300,000 agency regulations containing criminal penalties. And of course, this does not include the dizzying array of state and local criminal codes, ignorance of which is practically assured but still not excused.

In 2009, Harvey Silverglate wrote Three Felonies a Day: How the Feds Target the Innocent. That was long enough ago that three is almost certainly an under-estimate by now … there are so many more laws and regulations that have been added (or “enhanced”) since then.

QotD: Some positive effects of a cashless society

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

There’s a lot to like about the idea of a cashless society, starting with its effect on crime. The payoff to mugging people or snatching their bags has already declined dramatically, simply because fewer and fewer people are carrying cash around. I myself almost never have any of the stuff on hand. If it weren’t for the rising value of mobile phones, street crime would have largely lost its profit motive … and if better phone security makes it impossible to repurpose a stolen phone, that motive will approach zero.

A cashless society would also see a decline in the next level of robberies: stickups of retail outlets. There’s obviously no point in sticking a gun in the face of some liquor store clerk when all he can give you is the day’s credit card receipts. Even if these sorts of crimes are replaced by electronic thefts of equivalent value, this would still be a major improvement for society, simply because the threat of violent crime is uniquely terrifying and corrosive to community.

One step beyond that, there’s the effect on criminal enterprises, for whom cash is key. Making it impossible to transact business while keeping large amounts of money away from the watchful eye of the government will make it much harder to run an illegal operation. And while I love the tales of quirky bootleggers and tramp peddlers as much as the next fellow, the truth is that large criminal organizations are full of not very nice people, doing not very nice things, and it would be better for society if they stopped.

Megan McArdle, “After Cash: All Fun and Games Until Somebody Loses a Bank Account”, Bloomberg View, 2016-03-15.

November 6, 2017

Oregon sets new standard in authoritarian oversight over teens

Filed under: Government, Law, USA — Tags: , , — Nicholas @ 05:00

Amy Alkon reacts to a report about a new Oregon state law that goes a long way to remove agency and personal autonomy from teenagers in the state:

The latest is a story from Oregon, from The Daily Caller, where Eric Owen reports that public school teachers must now inform the government when they find out a teenager has had sex. No, we’re not talking about sex with some adult predator, but sex with another teen — consensual sex with another teen.

    Teachers in the Salem-Keizer school district face fines and can even lose their jobs if they fail to blow the whistle on teen students who are voluntarily having sex with each other, reports the Statesman Journal, the main newspaper in Salem.

    The draconian requirements also require teachers in the district to report teen students who might have had consensual sex.

    …The state law — ORS 163.315 — makes it illegal for anyone who is under 18 years of age to consent to a sex act.

The Statesman Journal story by Natalie Pate does say this:

    Another Oregon law, ORS 163.345, or the “three-year rule,” addresses when the individuals are similar in age and force and coercion are not present. This often is thought of as “consensual” activity.

    While this law can be applied in criminal proceedings, it does not apply to mandatory reporting.

The problem is that when laws are passed, laws can be used.

The government has no business telling people under 18 that they aren’t allowed autonomy over their own bodies.

So high school teachers are now legally required to report to state authorities even the suspicion that a teen in their classes has had sex. Police officers and social workers can then go to that school and investigate the student (one can easily imagine how traumatic that might be…). There’s no indication how long or under what conditions these “sex files” will be kept or accessed. Talk about fearing that something was going to go on your “permanent record”!

November 3, 2017

Egyptian lawyer discovers a “duty to rape” women who wear revealing clothes

Filed under: Law, Middle East, Religion — Tags: , , , , — Nicholas @ 03:00

It may be just a vivid fantasy on western university campuses, but rape culture is real … in Egypt:

An Egyptian lawyer has sparked a controversy by saying that it is a “national duty” to rape women who wear revealing clothes. During a heated television debate on prostitution aired on a local television channel, the lawyer said it would be a “patriotic duty” of citizens to sexually harass such women.

Nabih al-Wahsh, a locally popular lawyer with strong conservative views, was among several guests who were debating a new draft law on prostitution broadcast on the Egyptian television channel, al-Assema. When the panel’s debates became more heated, Wahsh, at one point insisted that females wearing revealing clothes deserve to be punished.

“Would you accept a girl walking around with half of her thigh showing?” he shouted at a fellow panellist before quickly adding: “I say when a girl is walking around like that, harassing her is a patriotic duty, and raping her is a national duty.”

Why Does American Beer Taste Like Water?

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

The Good Stuff
Published on 29 Jun 2016

Americans drink 51 Billion Pints of beer every single year. Despite the abundance of craft beers available, the most popular variety is the traditional light American Lager. But why do these mass produced beers taste so watery? And how did they get to be so popular in the first place?

Special Thanks To:
Ray Daniels, and the Cicerone Certification Program
https://www.cicerone.org/

October 26, 2017

So what was the point in the Sudbury byelection trial?

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 04:00

I admit I didn’t follow this case in any detail, but what little I did read left me scratching my head over what the actual crime was supposed to have been. I certainly don’t have any partiality for the defendants, but there really didn’t seem to be any “there” there in any “breaking the law” way. Chris Selley (who actually did have to pay attention to the trial) seems to have felt much the same way:

Justice Howard Borenstein kicked the living daylights out of the Crown’s case in the Sudbury byelection trial on Tuesday, acquitting Liberal operatives Gerry Lougheed and Pat Sorbara of bribery without the defence calling evidence. The “directed verdict” means he didn’t think any Crown evidence would result in a conviction even if a jury believed it entirely — not a great look for the prosecution. Defence lawyers Brian Greenspan (for Sorbara) and Michael Lacy (for Lougheed) didn’t say whether their clients would pursue the Crown for costs, but they were otherwise inclined to orate. Both called it a “vindication.”

“This is as close in law as you can have to saying, ‘she’s innocent,’ ” said Greenspan.

“Nothing changed during this case. The evidence that was presented was the evidence that was available from the very beginning,” said Lacy. “And yet here we are, however many days later, with no case to answer for. (It) raises questions about why they prosecuted this matter to begin with.”

No kidding. I wouldn’t trust the lawyers the Crown came up with to wash my car, but they can’t have come cheap.

Under the circumstances, it’d be quite reasonable for them to attempt to recoup their legal costs.

So that was that. Two Liberals, three charges, three acquittals — and rightly so, says I. As I’ve said before, the Crown’s desultory shambles of a case managed to shift me from thinking Lougheed and Sorbara behaved greasily, if not illegally, to thinking they had barely done anything noteworthy. Both claimed to have no regrets on Tuesday; moments after the acquittal, the Liberals welcomed Sorbara back into the fold on Twitter. The opposition’s rote angry press releases ring rather hollow — especially in the Tories’ case, considering all the recent allegations of riding-level skullduggery.

On the bright side, we have some precedent at least. This is the first time anyone has ever been charged under the bribery provision of the Ontario Election Act, which dates from 1998. Seven other provinces have similar bribery provisions in their election acts; so far as I can tell no one has ever been charged under them either. The only mentions made of the new provision in debates at the Ontario legislature were about how everyone would surely agree it was a great idea. The next time politicians decide to tinker with the Election Act, they should get their intentions on the record. Had Borenstein sided with the Crown, he would nearly have outlawed politics altogether.

October 25, 2017

The new “movie plot threat” – The Revenge of the Return of the Bride of the Sex Trafficking Mafia

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

The rising moral panic over sex traffic gets a well-deserved takedown by Lenore Skenazy:

We are in the midst of a massive mommy moral panic. Across the country, mothers are writing breathless accounts on Facebook of how sex traffickers nearly snatched their children at Target/Ikea/the grocery store.

While at Sam’s Club, one such post explains, “a man came up to us and asked if the empty cart nearby was ours.…He was an African American with a shaved head.…It seemed like an innocent encounter.” Innocent, that is, until the mom and kids headed to Walmart and there was the guy again, “feverishly texting on his phone but not taking his eye off my daughter.”

It could only mean one thing, she wrote: “I have absolutely NO doubt that that man is a trafficker looking for young girls to steal and sell.”

And I have absolutely no doubt that she’s wrong. This is what security expert Bruce Schneier has dubbed a “movie plot threat” — a narrative that looks suspiciously like what you’d see at the Cineplex. The more “movie plot” a situation seems, the less likely it is to be real.

But it sells. A Facebook post by Diandra Toyos went wildly viral after she said she and her kids were followed by two men at Ikea. “I had a bad feeling,” she wrote. Fortunately, she “managed to lose them.”

Which, frankly, is what one does at Ikea, even with people one is trying not to lose. Nonetheless, the post ricocheted through the media. CBS told viewers that while experts found the scenario unlikely, “that doesn’t mean Toyos didn’t have reason to be concerned.”

Actually, it does.

October 24, 2017

More on Quebec’s niqab ban

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

Ted Campbell is emphatically against Quebec’s attempt to ban facial coverings for Islamic women:

These laws are stupid … but they are worse than stupid, they are an assault on individual liberty by a bunch of political nincompoops.

Now, there are a number of variants of head and face coverings, they are especially common among some Muslim women …

… and some restrictions on some of them in some situations are, pretty clearly, justified on common sense or security-identification grounds. We, most of us, can probably agree that a lady should not wear a burqa or chador or even a niqab when she’s driving a car (it might restrict her vision) or when she is applying for a driving licence, which is a pretty common form of recognized identification … and it seems pretty clear that airport security should insist that a burqa or chador must be removed for security screening (to permit positive facial recognition).

But, why the hell does the state ~ the BIG, collective, state ~ care what any individual wears when (s)he boards a bus. It ought to care that she deposits the correct fare, of course, or taps her card to pay, but why does the state care if her face is covered? It’s arrant nonsense, and it is an infringement on a fundamental right.

    Reminder: you (and I, and Muslim women, too) have lots of rights but four of them are quite fundamental: life, liberty and property as defined by John Locke in 17th century England and privacy, as defined by Brandies and Warren in 19th century America. These rights all accrue to all individuals, only, and they, those individuals, need to have their fundamental rights protected against constant threats from collectives including religions, societies and states, themselves. These new laws, passed by big, collectivist states, are threats to individual liberties and must be challenged and overturned. Liberals, like Justin Trudeau, will not do it because they are progressives, not liberals, and because people like Justin Trudeau cannot think about fundamental rights … only about partisan, short term, political advantage.

Let me be clear about my own position:

  • Women may wear whatever they want for their own (good or not so good) reasons; but
  • It is wrong for anyone (including any father or husband or rabbi or provincial premier) to force women to dress in some certain way for social (including political) or religious reasons.

Your religion is a wholly private matter between you and your gods … you may never try to impose your beliefs on others, including your wife and children.

October 23, 2017

It’s legal to sell 2×4 lumber that’s not actually 2″ by 4″

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

Not only is it legal, that’s the way construction lumber has been marketed and sold for decades. A recent Illinois case against US DIY chain Menards was dismissed recently:

A federal judge has slammed the door on the Illinois lumber shoppers who sued Menards claiming it deceived them about the size of its 4x4s.

Saying no reasonable consumer would regard Menards’ descriptions of its lumber the way plaintiffs Michael Fuchs and Vladislav Krasilnikov said they did, the judge last week dismissed the would-be class action lawsuit against the Wisconsin-based home-improvement chain.

The decision by U.S. District Judge Edmond Chang throws out a case in which Menards was accused of deception because it marketed and labeled its 4x4s without specifying that the boards measure 3½ by 3 ½ inches.

So-called dimensional lumber — 2x4s, 4x4s, 2x6s and such — is commonly sold by names that do not specify the measurements of the pieces. The longstanding industry convention is recognized by the U.S. Department of Commerce, which distinguishes between the “nominal” designations for pieces of lumber and their actual size. The department says a 2×4, for example, can measure 1½ inches thick by 3½ inches wide.

The distinction between the name and the actual dimensions stems from the fact that lumber, when it is produced, typically is trimmed to smooth it after the initial rough cut, Chang said in his decision.

October 20, 2017

Quebec’s niqab ban

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

Chris Selley on the Quebec provincial government’s latest anti-Muslim legislation:

It’s mostly about the Quiet Revolution. That’s what we’ve been assured by wise owl pundits about all this intolerant-looking rigmarole in Quebec. When polls show far more Quebecers than other Canadians hesitant to vote for a turban-wearing Sikh like NDP Leader Jagmeet Singh, the owls exhort us to contextualize: Quebecers’ rejection of the Catholic Church’s outsized role in their society left them suspicious of all public displays of religiosity (except Catholic ones, weirdly). This explains higher levels of antipathy toward other religious symbols as well, we are told: kippas, kirpans and hijabs. Hijabs specifically are antithetical to a uniquely French brand of feminism, the owls explain. We must understand that French Canadians, like the French, simply do not believe in multiculturalism; other cultures must adapt to and exist within the dominant one. Without understanding all this, we cannot comprehend what’s really happening.

Well, here’s what really happened Wednesday: after years of dithering, the Liberal government in Quebec City made it illegal to provide or receive government services with one’s face covered — which is to say no niqabs on university campuses, no niqabs at the police station, no niqabs on the bus or on the Métro. Not even the Parti Québécois’ much-loathed values charter proposed the latter. So what are we to make of this, owls? Was the Quiet Revolution, this proud rejection of church influence over the state, really about bestowing upon the state the power to tell religious people what they can and cannot wear on buses and trains? Shall we sing Gens du Pays?

How stupid do the Liberals think people are? How stupid do they think Canadian judges are? Stupid enough, apparently, to believe that this isn’t really about niqabs, but about a general outbreak of people riding public transit without their faces showing. Justice Minister Stéphanie Vallée said the rule applied equally to niqabs, balaclavas, dark sunglasses and anything else that might obscure all or part of the face. It’s a simple matter of “security, communication and identification.”

October 10, 2017

This is not what unions are supposed to do – getting bad cops back on the job

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

Ed Krayewski explains why it’s so tough to fire a police officer who is proven to be dangerous to the public:

Since 2008, the Philadelphia Police Department has fired more than 150 cops, of whom at least 88 had been arrested and at least 48 were eventually convicted on charges like murder, rape, and extortion. Seventy-one of those officers tried to get their jobs back, and of those 71, at least 44 were successful.

In reviewing 37 of the nation’s largest police departments, including Philadelphia, the Post found that since 2006 at least 451 of about 1,800 fired officers got their jobs back, thanks to provisions in their union contracts. Campaign Zero, an effort of a group of Black Lives Matter activists, tracks union contracts and their content; it finds that such arrangements are guaranteed in some way in virtually each contract they reviewed. That ubiquity makes many efforts at reducing police violence futile. Cities must have the ability to fire cops who are unable to do their jobs without resorting to excessive force.

[…]

Public employees have a right to associate and assemble, of course. But public unions have the power they enjoy today only because of expansive privileges granted to them by government. Labor unions in the private sector must be careful not to make demands that would make their employers fiscally unsustainable. With public-sector unions, by contrast, the government will always be there for a bailout. And no matter how much a service declines in the public sector, the “customers” often have no other place to go. There is no competitive pressure for institutions like police to be responsive to consumer demands. Single-party rule in most major cities offers additional inoculatation from facing consequences for subpar performance.

Bad cops will keep getting rehired as long as public sector unions are among the most powerful forces in government, setting rules that protect public employees at the expense of the people they’re supposed to serve.

« Newer PostsOlder Posts »

Powered by WordPress