Quotulatiousness

December 13, 2023

“Harvard stands firmly behind President Claudine Gay”

Filed under: Bureaucracy, Education, Law, Middle East, Politics, USA — Tags: , , , — Nicholas @ 05:00

Chris Bray discusses the sure-to-be-continued saga of a plagiarist — who’s also a full-time water-carrier for terrorism — who happens (for the moment) to head HAMAS University Harvard University:

Harvard stands firmly behind President Claudine Gay, a remarkably undistinguished scholar and academic leader who has been lavishly overpraised and promoted beyond her ability for three decades. They do this, they have just explained, because Harvard is deeply committed to a culture of academic freedom, open discourse, and cultural pluralism:

    In this tumultuous and difficult time, we unanimously stand in support of President Gay. At Harvard, we champion open discourse and academic freedom, and we are united in our strong belief that calls for violence against our students and disruptions of the classroom experience will not be tolerated. Harvard’s mission is advancing knowledge, research, and discovery that will help address deep societal issues and promote constructive discourse, and we are confident that President Gay will lead Harvard forward toward accomplishing this vital work.

And so here’s the tweet — I insist on still calling them tweets — in which Harvard announces that it has posted its public letter on its insistent promotion of open and constructive discourse:

We stand for open discourse! (Replies are closed.)

Coprophagiacs eat so much shit that it stops being shit, and just becomes the thing they eat. Every word of a statement from the enormously high-status trustees of an enormously high-status institution is just ludicrous. They self-refute, casually, without noticing.

Every day now, I think about a term that lawyers use: a colorable argument. If you have a colorable argument, you can file your lawsuit without being instantly thrown out of the courtroom. You may not have the winning argument, and you may not even have a really good argument, yet, but you have enough of an argument that you can start. Then, through the discovery process and with some luck and hard work, maybe you can build the actual winning argument. But for now, you have some not-totally-implausible factish claims, and you can more or less connect it all to a law of some kind, and you can walk into the courtroom without the judge bursting into laughter. You have a colorable argument; you have the bare minimum.

Look how much of the culture is made up of people who don’t have a colorable argument. Look how much total nonsense streams by.

Now, about those plagiarism allegations against the president of what is alleged to be one of the nation’s most prestigious universities:

    With regard to President Gay’s academic writings, the University became aware in late October of allegations regarding three articles. At President Gay’s request, the Fellows promptly initiated an independent review by distinguished political scientists and conducted a review of her published work. On December 9, the Fellows reviewed the results, which revealed a few instances of inadequate citation. While the analysis found no violation of Harvard’s standards for research misconduct, President Gay is proactively requesting four corrections in two articles to insert citations and quotation marks that were omitted from the original publications.

She did absolutely nothing wrong, and that’s why she’s requesting corrections on 18% of her exceptionally thin scholarly record. No big deal, she’s just correcting “citations and quotation marks that were omitted”. Who omitted them? That’s the wrong question, see, because what happened is just that they “were omitted”. The quotation marks didn’t insert themselves. I demand that the quotation marks be denied tenure for wandering away from the page!

December 10, 2023

QotD: Roman citizenship

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

As with other ancient self-governing citizen bodies, the populus Romanus (the Roman people – an idea that was defined by citizenship) restricted political participation to adult citizen males (actual office holding was further restricted to adult citizen males with military experience, Plb. 6.19.1-3). And we should note at the outset that citizenship was stratified both by legal status and also by wealth; the Roman Republic openly and actively counted the votes of the wealthy more heavily than those of the poor, for instance. So let us avoid the misimpression that Rome was an egalitarian society; it was not.

The most common way to become a Roman citizen was by birth, though the Roman law on this question is more complex and centers on the Roman legal concept of conubium – the right to marry and produce legally recognized heirs under Roman law. Conubium wasn’t a right held by an individual, but a status between two individuals (though Roman citizens could always marry other Roman citizens). In the event that a marriage was lawfully contracted, the children followed the legal status of their father; if no lawfully contracted marriage existed, the child followed the status of their mother (with some quirks; Ulpian, Reg. 5.2; Gaius, Inst. 1.56-7 – on the quirks and applicability in the Republic and conubium in general, see S.T. Roselaar, “The Concept of Conubium in the Roman Republic” in New Frontiers: Law and Society in the Roman World, ed. P.J. du Plessis (2013)).

Consequently the children of a Roman citizen male in a legal marriage would be Roman citizens and the children of a Roman citizen female out of wedlock would (in most cases; again, there are some quirks) be Roman citizens. Since the most common way for the parentage of a child to be certain is for the child to be born in a legal marriage and the vast majority of legal marriages are going to involve a citizen male husband, the practical result of that system is something very close to, but not quite exactly the same as, a “one parent” rule (in contrast to Athens’ two-parent rule). Notably, the bastard children of Roman women inherited their mother’s citizenship (though in some cases, it would be necessarily, legally, to conceal the status of the father for this to happen, see Roselaar, op. cit., and also B. Rawson, “Spruii and the Roman View of Illegitimacy” in Antichthon 23 (1989)), where in Athens, such a child would have been born a nothos and thus a metic – resident non-citizen foreigner.

The Romans might extend the right of conubium with Roman citizens to friendly non-citizen populations; Roselaar (op. cit.) argues this wasn’t a blanket right, but rather made on a community-by-community basis, but on a fairly large scale – e.g. extended to all of the Campanians in 188 B.C. Importantly, Roman colonial settlements in Italy seem to pretty much have always had this right, making it possible for those families to marry back into the citizen body, even in cases where setting up their own community had caused them to lose all or part of their Roman citizenship (in exchange for citizenship in the new community).

The other long-standing way to become a Roman citizen was to be enslaved by one and then freed. An enslaved person held by a Roman citizen who was then freed (or manumitted) became a libertus (or liberta), by custom immediately the client of their former owner (this would be made into law during the empire) and by law a Roman citizen, although their status as a freed person barred them from public office. Since they were Roman citizens (albeit with some legal disability), their children – assuming a validly contracted marriage – would be full free-born Roman citizens, with no legal disability. And, since freedmen and freedwomen were citizens, they also could contract valid marriages with other Roman citizens, including freeborn ones […]. While most enslaved people in the Roman world had little to no hope of ever being manumitted (enslaved workers, for instance, on large estates far from their owners), Roman economic and social customs functionally required a significant number of freed persons and so a meaningful number of new Roman citizens were always being minted in the background this way. Rome’s apparent liberality with admission into citizenship seems to have been a real curiosity to the Greek world.

These processes thus churned in the background, minting new Romans on the edges of the populus Romanus who subsequently became full members of the Roman community and thus shared fully in the Roman legal identity.

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part II: Citizens and Allies”, A Collection of Unmitigated Pedantry, 2021-06-25.

December 5, 2023

“Why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it?”

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

Janice Fiamengo with a column that, had it been written by a man, would merit universal condemnation from the mainstream media (instead, if they pay any attention to it will probably dismiss it with hints of “false consciousness” or “Stockholm syndrome”):

For years, activists told us that part of the horror for sexual assault survivors was the fear of not being believed, the feeling that one was alone with an experience no one else understood or even acknowledged. Fair enough. Now, decades into the near-constant discussion of all varieties of such assault, many quite trivial yet treated with great seriousness, women don’t seem to have become any better at dealing with the ostensible horror — quite the opposite. The unending focus on sexual victimization seems only to have created more victims.

A case in point involves the infamous sexual crimes of Dr. Vincent Nadon, a now-disgraced GP at the University of Ottawa Health Clinic, who in late 2018 was sentenced to eight years in prison after he pled guilty to many dozens of counts of voyeurism and sexual assault during a 28-year medical practice. (The exact number of charges was hard to determine, seeming to change in every report). Much of what Nadon pled guilty to — mainly the recording of women via his cellphone while they were undressing or undergoing breast exams — was a type of deeply unprofessional conduct that might have gone forever unnoticed by the victims if one intrepid woman had not seen the cellphone’s recording light winking at her from a cabinet and gone to investigate. There were also allegations of sexual assault nearly indistinguishable in their details from regular medical touching — the main distinction being that the touching was “for sexual purposes”. Witnesses at Nadon’s sentencing hearing spoke of what had occurred, in some cases many years previously, as if it had been the worst possible betrayal.

A report of the sentencing hearing described women wiping away tears as they told of “feelings of powerlessness, embarrassment and even guilt”. Others said they had become distrustful of men after learning of Nadon’s actions. One woman, having been shown by police a cellphone recording made of her in Nadon’s office, claimed that she felt physically ill and “has not been able to go to another doctor, and is uncomfortable undressing, even in front of her husband”. Another woman said she felt “violated and betrayed”, and now “looks for hidden cameras everywhere, is obsessed with locking doors, and has developed a medical condition that can be caused by stress”. Many alleged that they feared seeing videos of themselves on the internet though there is no indication Nadon ever uploaded any of his recordings.

In a separate report about fallout from the charges against Nadon, some women expressed outrage at authorities they saw as complicit in their victimization, with one woman complaining that University of Ottawa Health Services failed to “help [her] tell [her] story and come forward”. This woman, who told how she had not been provided with a gown to wear during a pap smear procedure with Nadon, was also furious at the University of Ottawa for failing to more closely monitor its health service provider. Her anger was sustained and wide-ranging: “Obviously I’m super traumatized. I feel extremely violated and so sick to my stomach. It’s really, really disgusting.” “It’s even hard for me now to find a therapist I can trust.”

I can’t get inside these women’s heads, of course, but their statements seem hysterical and irrational, far in excess of the facts, and perhaps willfully exaggerated in order to garner the maximum of attention and sympathy. It was disturbing to see such statements presented as if they proved something about the severity of Dr. Nadon’s actions. They prove nothing except the climate of alleged female sexual fragility in which we are all now forced to live.

Victim impact statements are often of dubious value in criminal justice proceedings — why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it? — but in a case like this, with damsel-in-distress melodrama having already been stoked by multiple media reports at every stage of the investigation, the victim statements took on a particularly staged, formulaic quality. One had to make an effort to remember that many of the complainants would not even have known they were harmed if police hadn’t shown them that they were. Their pain may have been real, but it was also almost entirely self-generated.

The whole story of Dr. Nadon the beloved physician turned super-predator seems to have been largely manufactured, first and foremost by police, who were so eager to find as many complainants as possible that they repeatedly put out calls through the media for more “victims” to come forward. I’ve never seen anything quite like it, with police stating publicly that they feared there were likely more victims, and issuing “a public plea for help”. What did they expect to happen?

November 25, 2023

“It’s not called the gender empathy gap for nothing”

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

Janice Fiamengo on the blatant disregard for violence as long at that violence is not directed at women:

The news headline by the CBC, Canada’s state-funded broadcaster, could hardly have been more blatant: “Ottawa had 16 homicides in 2022—and nearly half of the victims were women or girls“. In other words, more than half of the victims, as is always the case, were boys and men, a state of affairs that no one at the CBC has ever found troubling enough to lament or even notice. Only when the female homicide rate approaches gender parity in one (unusual) year is it a “collective crisis”, as the subheading alleges.

It’s not called the gender empathy gap for nothing.

[Author’s note: Perhaps I should have stopped here. What more is there to say about the extraordinary indifference of most people, men and women, to violence against men and the craven desire to deny female culpability? There’s nothing new in this essay, no new angle or stats, no rousing call to action, nothing beyond the marshalling of dreary evidence and sadly sarcastic observations unlikely to change any mind or cause any gynocentric cheek to blush. I had intended to finish it in time for the International Day for the Elimination of Violence Against Men, on November 18, but was stymied partly by a sense of helpless anger, the weight of which pressed down on every sentence. The section at the end, about the death of Benjamin Rain, was the last straw.]

Feminists have long touted their concern for victims, yet that is never in shorter supply than in their one-sided discussions of violence, in which the only deaths allowed to matter are female deaths, presented for readers’ contemplation with poignant circumstances, names, and expressions of horrified sadness, as in the above-mentioned article. Dead men remain largely anonymous, and few readers could guess from the typical reports of feminist organizations that women are ever lethally violent.

Indifference to male suffering and death are the norm all over the world, of course, but the Anglophone feminist movement has markedly increased it, fudging numbers and manipulating language to focus empathy exclusively on women and girls. The CBC article devotes significant space to discussing the risible concept of femicide, a relatively recent coinage that makes no secret of its female supremacism, purporting to highlight how women and girls are killed “simply for being women” and “primarily by […] men”, as if every woman, even one killed by accident (as we’ll see), is evidence of gender bias.

The idea that women are killed because they are women is preposterous, impossible to support with evidence, and obviously intended to solidify the impression that women outnumber men as victims of murderous violence. An organization called the Canadian Femicide Observatory for Justice and Accountability provides an elaborate taxonomy of forms of femicide to drive the idea home, deliberately blurring the lines between intimate partner homicide, a favored focus, and other killings of women, which are collectively deplored as “brazen acts of hatred“.

Even a cursory reading of the details, however, exposes the vacuousness of the terminology as well as the sleight of hand by which men’s alleged misogyny is misleadingly linked to the totality of the women’s deaths. Only two of Ottawa’s seven murdered women were killed by current or former intimate partners. One of the dead women was attacked and killed by her two adult daughters (an act called “non-intimate femicide”), while another was the victim of a stray bullet that killed her by accident and was probably intended for a man (if you can believe it, the Canadian Femicide Observatory calls this type of death “associated/connected femicide”).

It is impossible to conclude that all or even most of these — certainly unfortunate — deaths can logically be said to have occurred, as the mantra holds, “due to the existence of gender norms and stereotypes, discrimination directed toward women and girls, and unequal power relations across genders“. The determination to find gender discrimination at the root of all female suffering — and thus to justify yet more programs, initiatives, and taxpayer dollars for feminist organizations, as well as more collective shaming of men — seems unstoppable.

November 21, 2023

“I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”

Filed under: Europe, Law, Liberty, Politics, Religion — Tags: , , — Nicholas @ 04:00

In First Things, Sean Nelson recounts the trials of Päivi Räsänen, a Finnish parliamentarian who has been through several years of legal tribulation for expressing her religious views publicly:

Päivi Räsänen, Finnish parliamentarian
Finnish government photo via Wikimedia Commons.

“Blessed is the man who perseveres in the trial,” declares the Epistle of James. Finnish Member of Parliament Päivi Räsänen should count herself doubly blessed this week. She has now persevered through two trials over more than four years of legal troubles brought on merely for expressing her Christian faith. Following both trials, she has not only been acquitted, but also has been a shining example of a modern Christian life fearlessly lived.

On Tuesday, a Finnish Court of Appeal unanimously found MP Räsänen not guilty under Finland’s “hate speech” laws. If the decision stands — there is still a possibility of appeal to Finland’s Supreme Court — it will represent a bulwark for Christians and all people of good will wishing to live out their faith and contribute to social conversations over contentious issues.

Räsänen’s legal saga began on June 17, 2019. On that day, she tweeted a criticism of her church’s participation in a Helsinki Pride parade. She also included a picture of verses from her home Bible. Her case has come to be known as the “Bible Trial”.

Because she is a long-serving member of Parliament and a former Minister of the Interior, her tweet drew the ire of Finnish officials. While an initial police investigation found nothing criminal in her tweet — even writing that sounds absurd — the prosecutor’s office re-opened the matter to comb through her entire history of public utterances. The Helsinki prosecutor came back with an allegedly offensive pamphlet published in 2004 and a live radio interview from 2019. Räsänen was then charged with three counts of “hate speech” under a criminal code provision originally related to war crimes.

During her first trial in January 2022, the Helsinki prosecutor probed Räsänen with theological questions. Was it really possible to separate sin from the sinner, and condemn the former while loving the latter? Basic Christian belief rests on the distinction, as Räsänen explained, but the prosecutor was not convinced. Räsänen reflected at the time, “I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”.

In March 2022, the trial court delivered a resounding victory for Räsänen, unanimously finding her not guilty. “It is not for the district court to interpret biblical concepts,” it said.

November 9, 2023

Defending a stateless society: the Estonian way

Filed under: Government, History, Law, Military — Tags: , , , , , , — Nicholas @ 03:00

David Friedman responded to a criticism of his views from Brad DeLong. Unfortunately, the criticism was written about a decade before David saw it, so he posted his response on his own Substack instead:

English version of the Estonian Defence League’s home page as of 2023-11-08.
https://www.kaitseliit.ee/en

Back in 2013 I came across a piece by Brad DeLong critical of my views. It argued that there were good reasons why anarcho-capitalist ideas did not appear until the nineteenth century, reasons illustrated by how badly a stateless society had worked in the Highlands of Scotland in the 17th century. I wrote a response and posted it to his blog, then waited for it to appear.

I eventually discovered what I should have realized earlier — that his post had been made nine years earlier. It is not surprising that my comment did not appear. The issues are no less interesting now than they were then, so here is my response:

Your argument rejecting a stateless order on the evidence of the Scottish Highlands is no more convincing than would be a similar argument claiming that Nazi Germany or Pol Pot’s Cambodia shows how bad a society where law is enforced by the state must be. The existence of societies without state law enforcement that work badly — I do not know enough about the Scottish Highlands to judge how accurate your account is — is no more evidence against anarchy than the existence of societies with state law enforcement that work badly is against the alternative to anarchy.

To make your case, you have to show that societies without state law enforcement have consistently worked worse than otherwise similar societies with it. For a little evidence against that claim I offer the contrast between Iceland and Norway in the tenth and eleventh centuries or northern Somalia pre-1960 when, despite some intervention by the British, it was in essence a stateless society, and the situation in the same areas after the British and Italians set up the nation of Somalia, imposing a nation state on a stateless society. You can find short accounts of both those cases, as well as references and a more general discussion of historical feud societies, in my Legal Systems Very Different From Ours. A late draft is webbed.

So far as the claim that the idea of societies where law enforcement is private is a recent invention, that is almost the opposite of the truth. The nation state as we know it today is a relatively recent development. For historical evidence, I recommend Seeing Like a State by James Scott, who offers a perceptive account of the ways in which societies had to be changed in order that states could rule them.

As best I can tell, most existing legal systems developed out of systems where law enforcement was private — whether, as you would presumably argue, improving on those systems or not is hard to tell. That is clearly true of, at least, Anglo-American common law, Jewish law and Islamic law, and I think Roman law as well. For details again see my book.

In which context, I am curious as to whether you regard yourself as a believer in the Whig theory of history, which views it as a story of continual progress, implying that “institutions A were replaced by institutions B” can be taken as clear evidence of the superiority of the latter.

And From the Real World

In chapter 56 of the third edition of The Machinery of Freedom I discussed how a stateless society might defend against an aggressive state, which I regard as the hardest problem for such a society. One of the possibilities I raise is having people voluntarily train and equip themselves for warfare for the fun (and patriotism) of it, as people now engage in paintball, medieval combat in the Society for Creative Anachronism, and various other military hobbies.

A correspondent sent me a real world example of that approach — the Estonian Defense League, civilian volunteers trained in the skills of insurgency. They refer to it as “military sport”. Competitions almost every week.

Estonia’s army of 6000 would not have much chance against a Russian invasion but the Estonians believe, with the examples of Iraq and Afghanistan in mind, that a large number of trained and armed insurgents could make an invasion expensive. The underlying principle, reflected in a Poul Anderson science fiction story1 and one of my small collection of economics jokes,2 is that to stop someone from doing something you do not have to make it impossible, just unprofitable. You can leverage his rationality.

Estonia has a population of 1.3 million. The league has 16,000 volunteers. Scale the number up to the population of the U.S. and you get a militia of about four million, roughly twice the manpower of the U.S. armed forces, active and reserve combined. The League is considered within the area of government of the Ministry of Defense, which presumably provides its weaponry; in an anarchist equivalent the volunteers would have to provide their own or get them by voluntary donation. But the largest cost, the labor, would be free.

Switzerland has a much larger military, staffed by universal compulsory service, but there are also private military associations that conduct voluntary training in between required military drills. Members pay a small fee that helps fund the association and use their issued arms and equipment for the drills.

    1. The story is “Margin of Profit“. I discuss it in an essay for a work in progress, a book or web page containing works of short literature with interesting economics in them.

    2. Two men encountered a hungry bear. One turned to run. “It’s hopeless,” the other told him, “you can’t outrun a bear.” “No,” he replied, “But I might be able to outrun you.”

November 5, 2023

Dear Supreme Court of Canada, “ever get the feeling you’ve been cheated?”

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

Colby Cosh outlines the arguments the federal government used to persuade a majority of the sitting justices of the Supreme Court of Canada to greenlight Justin Trudeau’s carbon tax tax grab and wonders if they suspect they got fast-talked:

The decision agreeing to this was signed by six of the nine justices of the court: Richard Wagner, Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Sheilah Martin and Nicholas Kasirer. Today I confront these eminences with the immortal question once asked by Johnny Rotten: ever get the feeling you’ve been cheated?

Last week the Liberal government whose hirelings rhapsodized about the urgent, indivisible, inherently national nature of carbon pricing announced a “temporary” total exemption for fuel oil used for home heating. This has the effect of letting some households in the Atlantic provinces out of a tax that applies to cleaner BTUs in the rest of the country, and the targeted regional nature of this move has been emphasized rather than concealed by Liberal ministers.

Oh, to be sure, it’s temporary. The three-year duration of the exemption just happens to push its expiry past the next federal election. What happens at that point, who knows? And to be sure, the exemption applies to fuel oil for home heating everywhere in Canada where the federal carbon tax applies. It just so happens that the electorally crucial Atlantic is the only place where a significant number of households still depend on the system. The Liberals can perhaps say with a straight face that there is no conflict here with the underpinnings of the arguments that succeeded so beautifully in the Supreme Court.

But if the GGPPA References were re-litigated now, after the attempt to impose the carbon tax and the panicky local retreat, one wonders whether the “national concern” blarney would seem quite so convincing. We are not, in turns out, all in this leaky planetary lifeboat together. The urgency of carbon pricing, it turns out, is not quite paramount and transcendent. Its indivisibility and inherent nationalness are not as promised. The Liberals didn’t want to save the planet quite so much, it seems, as they just wanted to make the rules for their own electoral benefit.

At The Line, Harrison Ruess, who recently switched his home heating solution from a mixed oil and propane to just propane, wonders why his choice to go with the lower-carbon option will end up penalizing him under the latest policy change by the feds:

Indeed, in looking deeper at the regional numbers, the concern about the rising cost of living and housing affordability isn’t particularly acute in Atlantic Canada versus other parts of the country. The chart below, provided to me by David Coletto at Abacus Data, and published here at The Line first, reveals just how difficult a position the PM has now staked out for his government. While Atlantic Canadians are somewhat more concerned about housing affordability than average, they are very slightly less concerned than the average Canadian about the overall rising cost of living. In Saskatchewan and Manitoba, for example, the opposite is true: they’re less concerned than average about housing affordability, but more concerned than average about the rising cost of living.

The takeaway to me in looking at this is that all Canadians are worried about costs and affordability.

The other question that jumped to mind is: why only heating oil? Heating oil is useful in places without good access to natural gas pipelines, and that does include much of Atlantic Canada, but also to rural areas everywhere, where other fuels, such as propane or wood pellets, are also used. According to the propane association, there are about 200,000 Canadian homes using propane — of which about 30,000 are in Atlantic Canada.

I can speak to this with some personal experience. When my wife and I purchased our home in semi-rural Ottawa, it had a Frankenstein heating system that used heating oil for part of our home and propane for another. Just this summer we completed a (somewhat expensive) rationalization of our system to combine the two into one larger, though more efficient, propane system.

Having one system will hopefully save us money on maintenance and hydro costs — powering and maintaining one system should cost less than two. It will also save us a couple hundred bucks a year on our home insurance (did you know there’s an extra premium if you have a heating oil tank? Welcome to rural life, dear readers.) Ditching the oil and expanding the propane is also good environmentally, since the carbon impact of propane is considerably less.

But we didn’t get a break from the federal government. We’d only have gotten it if we’d gone the other way, and used the more polluting fuel. Why punish my family for heating our home using the cleaner fuel?

And why not provide an exemption for natural gas? It’s cleaner still. And why not people in cities? They don’t want to freeze either, and we’re all broke. The carbon tax isn’t helping, no matter which fuel you’re using or which part of the country you call home. The ultimate challenge the government will face is that they cannot talking-point their way out of a reality.

October 22, 2023

A lawyer in “deep blue” Pennsylvania discovers that elected bodies don’t have to listen to the voters

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

Chris Bray on the details of a case from Pennsylvania where an active and involved parent tried to get answers from the elected school board on how they justified imposing masking requirements without a shred of legal power to do so:

In December of 2021, the Pennsylvania Supreme Court ruled that officials in that state had implemented mask mandates that they had no legal authority to impose. The decision in Corman v. Beam is not written in stirring language, and makes no bold declarations about truth, freedom, and the American way; it’s a workmanlike examination of statutory language, quite dull to read. Test me on that characterization, if you want. But the court concluded, importantly, that the mandate had been invalid ab initio — not from the moment the court struck it down, but rather from the moment it was issued. Mask mandates had never been enforceable in Pennsylvania.

In an affluent, deep blue community in the Philadelphia suburbs, a lawyer and parent named Chad Williams took the ruling as vindication. With four children in the local schools, he’d been telling school officials — clearly and often — that they had no legal authority to require masks on campus. To say that they hadn’t listened would be an understatement.

In August of 2020, during a Zoom meeting to decide on in-person school for the soon-to-begin school year, the nine-member Unionville-Chadds Ford school board muted Williams when he asked about the legal basis for the choice.

Repeating the performance, school board members cut the microphones and walked out of one of their own subsequent meetings, in August of 2021, to avoid listening to Williams when he didn’t stop speaking at the three-minute mark during their public comment session. Other parents concerned about forced masking for children received a similarly warm reception. The school board voted unanimously that same night to again impose a mask mandate on their campuses for the new school year.

For Williams, the repeated experience was a shock. He was an experienced lawyer, a parent, an established member of the community, and a volunteer coach at the high school — and he couldn’t get anyone to listen to a reasonable question. He asked his school board to explain the legal basis for a new policy, and “the school board president just cut me off.” Officials were acting in lockstep, without apparent authority, and refusing to explain their choices. “They just wouldn’t answer,” Williams says. Many of us have had this experience.

The school district finally dropped its mask mandate in March of 2022, after the decision from the state Supreme Court. And that was the end — except for one thing. A formal policy of the Unionville-Chadds Ford School District, Policy 906, establishes “a fair and impartial method” for the examination of parent complaints. You can find that policy here, in the section labeled “Community”. The policy is detailed and unambiguous, and starts requiring written reports after the failure of early and informal stages of resolution:

    Third Level – If a satisfactory solution is not achieved by discussion with the building principal or immediate supervisor, a conference shall be scheduled with the Superintendent or designee. The principal or supervisor shall provide to the Superintendent or designee a report that includes the specific nature of the complaint, brief statement of relevant facts, how the complainant has been affected adversely, the action requested, and the reasons why such action should be taken or not taken.

    Fourth Level – Should the matter not be resolved by the Superintendent or designee or is beyond his/her authority and requires Board action, the Superintendent or designee shall provide the Board with a complete report.

    Final Level – After reviewing all information relative to the complaint, the Board shall provide the complainant with its written decision and may grant a hearing before the Board or a committee of the Board.

Williams used Policy 906 to ask the school board to think about what it had done, conducting an independent review of its policy decisions during the pandemic. Why had school officials implemented policies they had no legal authority to impose? Why had they refused to discuss or address parent questions? Why had they stonewalled requests for documents and information — not only from parents, but from a state senator who took an interest in the matter? Williams asked for an apology and “changes in oversight” to prevent a recurrence of unlawful and unexplained policy decisions, using formal school district policy that requires the district to act on complaints.

They haven’t bothered. The Unionville-Chadds Ford School District continues to ignore Williams, not responding to his complaints or opening the inquiry their own policy requires them to pursue. He’s had one sort-of response: In an exchange over the handling of the complaint, the district’s lawyers, at a private law firm, threatened him with legal action — a threat they so far haven’t made good. But from school district officials, the only response to three years of questions is unbroken silence.

October 19, 2023

The evisceration of Bill C-69 (aka the Impact Assessment Act)

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

The decision of the Supreme Court of Canada to strike down large parts of the federal Impact Assessment Act caught a lot of people by surprise. The court hasn’t made much of a habit of rejecting the federal government’s ever-increasing encroachments on provincial jurisdiction, so this ruling is a bit of a black swan. It’d be nice if the Supremes were going to be more vigilant in future, but that’s unlikely. Colby Cosh explains why this is a “remarkable political moment”:

Environment Minister Steven Guilbeault, 3 February 2020.
Screen capture from CPAC video.

To hear the Liberals talk now, you would think that the Supreme Court’s 7–2 rebuke of C-69 was a mere bump in the road. Steven Guilbeault, the federal environment minister, appeared on CTV’s Question Period to reassure the public that the law can be “redefined” to accomplish its grandiose intentions; it’s just a matter of “course-correct(ing)” the text a smidgen in order to “comply with the spirit” of the ruling.

Here’s an idea for the minister: maybe just go ahead and comply with the ruling, period?

Comply with the spirit, he says. Having taken the trouble to decrypt the ruling, which is not exactly a masterpiece of lucid clarity, I wonder at the environment minister’s priorities. Rather than appearing on television with a bunch of happy talk, he ought to have been mopping up the seas of blood left by the court’s evisceration of his Impact Assessment Act.

In essence, the Liberals created an apparatus whereby a federal panel would perform environmental and social assessments of major infrastructure projects based on the possibility that they might “cause adverse effects within federal jurisdiction”.

The underlying pretext is that the federal government’s powers are sometimes engaged by the creation of mines, wells, roads and other such projects — even when they are confined within one province’s borders — because they can conceivably affect federal matters such as fisheries, migratory birds, Aboriginal welfare, treaty obligations and other “national concerns”.

This is true as far as it goes, but the court majority’s finding was that this constitutional pretext for creating a federal assessment scheme isn’t actually reflected in the scheme itself. The Liberals, asserting a right to investigate hypothetical infringements on the federal sphere of power, created a law that essentially allows them to veto anything that a province might want to permit.

As the law is written, the initial assessment-agency decision to “designate” a project for assessment can be based on just about anything, including “any comments received … from the public” and “any other factor the Agency considers relevant”. In the final decision-making phase, which is to be based on the “public interest”, specific federal heads of power are also cast aside: whoever makes the final call at the cabinet level is to evaluate a project for “sustainability”, for example.

October 5, 2023

“Canada, where truck drivers are Nazis and Nazis are war heroes”

Filed under: Cancon, Law, Liberty, Politics — Tags: , , , — Nicholas @ 05:00

Donna LaFramboise on the “Coutts Four” — bona fide political prisoners of the Canadian state:

Gord Magill has a lengthy article over at Newsweek titled Meet the Four Men Being Held as Political Prisoners in Canada. These individuals are jointly accused of conspiring to murder police officers during a protest in Coutts, Alberta around the same time that the Freedom Convoy truckers were in Ottawa.

That’s a very serious charge, of course, but evidence appears scarce. I’ve not personally investigated this matter, but a former Toronto police detective named Donald Best has. In July, he outlined a long list of concerns, in addition to pointing out that “Everybody makes bail in Canada” — including the man “currently accused of the first degree murder of Toronto Police officer Jeffrey Northrup”.

Yet the Coutts men — three of whom have no criminal record — have been held without bail for nearly 600 days. Since they are legally innocent until proven guilty, this is horrifying.

As Gord writes in Newsweek, we are a country in which hard-working Canadians are called Nazis by the same Prime Minister whose government recently recognized an actual Nazi with a standing ovation in the House of Commons. What a strange state of affairs.

After speaking to each of the Coutts four, Gord provides a wealth of new info about them. These are working class guys — a power lineman, the owner of a small construction company, a master electrician, and a contractor. Three of them have children as young as 9, 10, and 11. Gord says only two of them “knew each other prior to their arrest”. It’s difficult to imagine a more unlikely group of cop-murder conspiracists.

September 24, 2023

QotD: The composition of the polis

Filed under: Europe, Greece, History, Law, Quotations — Tags: , , , — Nicholas @ 01:00

A polis is made up of households, called oikoi (singular: oikos), to the point that creating a new polis was called synoikismos (or synocism). The Greek there is συνοικισμóς, συν- (meaning “together”) and οἶκος giving the word a meaning something like “living together in one house” or “putting the houses together as one”. This was the word the Greeks used to describe the process by which a disparate set of tribes, villages and households came together to create a polis; Indeed Aristotle (Arist. Pol. 1253b) is explicit that the oikos is the smallest unit, the “atom” to use M.H. Hansen’s word, of the polis, not the individual.

So what is an oikos? Well that word is about as plastic as polis. Oikos can mean a house (as in a physical building), or it can mean a household (as in the family that dwells in that building) or it can mean all of the property of that household, and indeed Greek writers will use this word to mean all of these things, often in the same context (that is they shift freely between these linked meanings, not seeing them as fully distinct). Now as a “family” we should note that an oikos was rather more extensive than our sense of family (though rather less extensive than the Roman concept of a familia and a lot less extensive than a Roman gens; we’ll come to these in a later series): an oikos consisted of all of the people who lived together in a house, which generally meant the adult citizen male, his wife and dependents and also their enslaved workers. It that family had enslaved workers who did not live with them, they also generally counted as part of the oikos because they were understood as the property of it.

The creation of a polis meant merging all of these things together in a very literal way. In a physical sense the creation of a town core meant literally putting houses together, as a good part of the population might move to live in that town core (with their farms just outside the town in walking distance, remember: most of these poleis are very small). Indeed M.H. Hansen notes in the introductory article on synoikismos in the Inventory that the only “purely political synoecism” – that is, a synoikismos that did not involve actually moving people to form or merge with a new town center but merely politically united existing geographically distinct communities – occurs in myth in Theseus’ supposed creation of the Athenian poleis. That this sort of synoikismos never happens in the historical period (there’s an attempt in Ionia in 547/6 but it never gets off the ground) ought to suggest that it probably didn’t happen with Theseus either.

It is also in a sense the merging of families, as one of the key privileges of citizenship in a polis was the right to marry women of citizen status (that is, the daughters of citizens) and thus have citizen children. And it meant the new citizenry putting their fortunes – in a literal, physical sense of the wealth that enabled them to survive (think farms and farming) – together in common when it came to things like war.

This may all seem fairly straightforward, but I invite you to consider the different implications it has compared to the way we mostly conceive of the population of a country, which we tend to imagine as a collection of individuals; as we’ll see the Greeks did this a bit too, but it wasn’t the first thought they reached for. In the polis, it is the households that have standing, represented by their adult, free citizen male heads, not individuals. The polis protects the households from the world, not the members of the household from each other, with the most obvious and immediate legal implication being the fact that crimes against junior members of the household are often understood as property crimes against the head of the household and actions within the household are simply not the business of the state. Now we shouldn’t over-stretch this: the Greeks were capable of understanding non-free and non-male people as individuals at times, but the political structure of the polis is predicated on units of households.

Bret Devereaux, “Collections: How to Polis, 101: Component Parts”, A Collection of Unmitigated Pedantry, 2023-03-10.

September 22, 2023

“The Online News Act … has been an utter disaster”

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

Michael Geist on the ongoing disaster the federal government created with the Online News Act:

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do. With the House of Commons back in session, it is worth providing a more fulsome reality check on where things stand with the Online News Act. While the government is still talking tough, the law has been an utter disaster, leading to millions in lost revenues with cancelled deals, reduced traffic for Canadian media sites, declining investment in media in Canada, and few options to salvage this mess.

For those that took the summer off, Bill C-18 received royal assent in late June. Over the past three months:

1. Meta has blocked all news links in Canada and cancelled existing deals with Canadian news outlets. The blocked links covers both Canadian and foreign news in light of the broad scope of the law. While the Australian experience lasted a few days, the blocking in Canada has now gone on for weeks and there is little reason to believe that the company will reverse its position to comply with the law by simply not linking to news.

2. The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The boycott has had little effect as the Liberal party is still advertising on the platforms with a new round of ads this week, the Prime Minister is still posting on the platforms, and reports indicate that Facebook has not experienced a reduction in user activity. In fact, reports suggest that the experience on Facebook without news has improved. Further, a Competition Act complaint has not sparked any action.

3. Google responded to Bill C-18 by advising it too would remove news links from its services before the law takes effect in December. That position enabled it to wait for the government to release draft regulations that provide further detail on the application of the law and the standards for obtaining an exemption from the mandatory bargaining process that can lead to final offer arbitration overseen by the CRTC.

Several more items of concern at the link.

September 13, 2023

Michael Geist on the “relentless misinformation campaign that ignores the foundational principles of copyright law”

Filed under: Books, Cancon, Education, Law — Tags: , , , — Nicholas @ 05:00

Michael Geist discusses a recent public statement from the Canadian Federation of Library Associations on how changes to copyright rules in Canada may seriously impact the public:

Assignments of copyrights photostat copies by mollyali (CC BY-NC 2.0) https://flic.kr/p/5JbsPE

Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions. I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores the foundational principles of copyright law. Lobby groups have for years tried to convince the government that 2012 copyright reforms are to blame for the diminished value of the Access Copyright licence that led Canadian educational institutions to seek other alternatives, most notably better licensing options that offer greater flexibility, access to materials, and usage rights. This is false, and when the CFLA dared to call it out, those same groups then expressed their “profound disappointment” in the library association.

Yet what has been disappointing is that despite repeated Supreme Court of Canada decisions that have eviscerated the foundation of those groups’ claims, they insist on running back the same failed strategy again and again. The reality of Canadian copyright isn’t complicated: libraries and the education community spend more than ever before on licences that provide the right to access and use materials for teaching, course materials, text and data mining, and a myriad of other purposes. When combined with the gradual disappearance of course packs, the emergence of open access materials, and a reasonable interpretation of fair dealing consistent with Canadian jurisprudence, education and libraries are fulfilling their mandate by responsibly using public dollars to maximize public access, enable student learning, and ensuring fair compensation for authors.

The lobbying efforts to convince government to restrict fair dealing by requiring unnecessary licences would increase student costs, make education less affordable, and render Canada less competitive. Further, it would mean less access to materials for Canadian students. Universities spend hundreds of millions of dollars on licences that grant both access to materials (purchasing physical books has declined dramatically) and the ability to use them. The outdated Access Copyright licences only grant rights to use already acquired works for a limited series of purposes. Reverting back to the unnecessary Access Copyright licence would mean access to fewer works and reduced investment by the education sector and libraries in new works.

I wrote a six-part series on these issues earlier the year including posts on setting the record straight, the shift to electronic licensing, transactional licences, the disappearance of course packs, the emergence of open text books, and a fair reading of fair dealing. Once you get past the rhetoric, the data leaves little doubt that education and libraries are still actively paying for copyright materials through licensing and the claims of mass illegal copying in education in 2023 is a fabrication unsupported by the evidence.

September 2, 2023

The 4% non-solution

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

Michael Geist updates us on the Canadian government’s latest blunder in the Online News Act saga:

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the global liability that would see many other countries making similar demands. The implications are therefore pretty clear: there is little likelihood that Meta will restore news links in Canada and Google is more likely to follow the same path as the Canadian government establishes what amounts to 4% link tax from Bill C-18 on top of a 3% digital services tax and millions in Bill C-11 payments.

The estimated revenues from Bill C-18 or the Online News Act have always been the subject of some debate. The Parliamentary Budget Officer set the number at $329 million, using a metric of 30% of news costs for all news outlets in Canada. Under that approach, over 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. The Canadian Heritage estimates were considerably lower, with officials telling a House of Commons committee last December that they expected about $150 million in revenue:

    I won’t speak to the PBO report which is the source of the numbers that you cited. That was not a department-led initiative. The internal modelling that we did when we tabled the bill and mentioned in our technical briefings was more around $150 million impact. That was based again in terms of how this played out in Australia and making some assumptions about how it might play out here. With respect to the PBO report, any questions about that particular number would have to be directed towards them.

By the time the bill reached the Senate several months after that, the number had grown to $215 million.

With the release of the draft regulations, the government has established a formula with an even bigger estimate. The creation of a formula is presumably designed to provide some cost certainty to the companies and represents a change in approach in Bill C-18, given that the government had previously said it would not get involved private sector deals but it is now setting a minimum value of the agreements. Officials told the media this morning that it believes Google’s contribution would be $172 million and Meta’s would be $62 million, for a total of $234 million. However, that may understate the revenues by focusing on search revenues alone. If based on total revenues, with a 4% minimum floor, the requirement would exceed C$300 million for Google. Either way, the number is more than 50% higher than the $150 million estimate the department gave the Heritage committee just eight months ago.

The draft regulations will also provide some additional clarity on several issues. The standard for a digital news intermediary has been fleshed out to include $1 billion in global revenues and 20 million Canadian users. As for the process, those companies subject to the rules are required to conduct a 60 day open call for negotiations. To meet a fairness standard, the resulting deals must be within 20% of the average and cover a wide range of news outlets. Contributions can include non-monetary items but it seems unlikely the resulting deals would grant links significant value. The CRTC would then pass judgment on the deals and determine whether the companies are exempt from a final offer arbitration process. The timing on this includes a 30 day consultation process on the regulations, before they are finalized prior to the December deadline. But with the CRTC not having established a bargaining framework before 2025, the liability issues start arising well before any deals are concluded or approved.

August 28, 2023

Why Britain Advanced Before Other European Nations | Thomas Sowell

Filed under: Britain, Economics, History, Law, Technology — Tags: , , , — Nicholas @ 02:00

Thomas SowellTV
Published 17 Dec 2021
(more…)

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