October 2, 2015

QotD: The plight of women at Yale is “worse than Berlin in 1945”

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

The Association of American Universities (AAU), a nationally recognized research organization, arranged last Spring to have a Campus Climate Survey on Sexual Assault and Sexual Misconduct taken by undergraduate and graduate and professional students at 27 colleges and universities.


The results at Yale were more spectacular than merely impressive. The survey’s results apparently demonstrate that “By senior year, 34.6 percent of female undergraduates reported experiencing nonconsensual penetration or sexual touching by force or incapacitation.” These are sexual assaults that meet criminal standards.

“Among female undergraduates, 28.1 percent experienced this type of assault since entering Yale University and 14.3 percent experienced this type of assault during the current school year.”

When the Russian Army took Berlin in 1945, “[a]t least 100,000 women are believed to have been raped” (Wikipedia) out of a population of 2,000,000 women.

So roughly 5% of German women were successfully sexually assaulted in 1945 by a hostile invading army of primitives bent upon revenge, while in 2015 at Yale almost three times as many (14.3% ) of the young ladies suffer the same fate worse than death. Goodness gracious!

David Zincavage, “Worse Than Berlin in 1945”, Never Yet Melted, 2015-09-22.

October 1, 2015

QotD: The “epidemic” of sexual assault on campus

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

Wildly overblown claims about an epidemic of sexual assaults on American campuses are obscuring the true danger to young women, too often distracted by cellphones or iPods in public places: the ancient sex crime of abduction and murder. Despite hysterical propaganda about our “rape culture,” the majority of campus incidents being carelessly described as sexual assault are not felonious rape (involving force or drugs) but oafish hookup melodramas, arising from mixed signals and imprudence on both sides.

Colleges should stick to academics and stop their infantilizing supervision of students’ dating lives, an authoritarian intrusion that borders on violation of civil liberties. Real crimes should be reported to the police, not to haphazard and ill-trained campus grievance committees.

Too many young middle class women, raised far from the urban streets, seem to expect adult life to be an extension of their comfortable, overprotected homes. But the world remains a wilderness. The price of women’s modern freedoms is personal responsibility for vigilance and self-defense.

Camille Paglia, “The Modern Campus Cannot Comprehend Evil”, Time, 2014-09-29.

September 29, 2015

Universities, alcohol, women, and consent

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

At Simple Justice, Scott Greenfield includes a poster from Southeast Missouri State University that nicely summarizes both the institutional infantilization of university students and the current double standard on booze and consent rules:

University students, booze and consent

There is universal agreement that any female (though not male) who has passed out is incapable of giving consent to sex. But as the spectrum of reaction to alcohol or drugs comes closer to the sober end, it becomes increasingly problematic. The word used to describe a woman who cannot consent is “incapacitation.”

What is incapacitation? That’s impossible to say. It usually described by either specific instances of conduct (“if she’s puking her guts out, that means she’s incapacitated”), which offers no guidance when she’s not puking her guts out, or when she’s done puking her guts out, or before she’s puking her guts out.

The underlying rationale is that a woman who is so drunk that she cannot formulate knowing, intentional and voluntary consent, cannot consent to sex. This is a dubious standard, as the incapacity to consent doesn’t mean she would not consent, but that she cannot consent.

To put this in context, consider a person who fully consents, enthusiastically desires to engage in conduct, but wasn’t specifically asked beforehand. This person can truthfully assert that it was non-consensual under the Affirmative Consent standard, because she never overtly expressed consent.* The objective standard is not met, although the subjective standard is fully met.

The problem is reminiscent of drunk driving, which was determined by the objective inability to perform the tasks necessary to safely drive a car before the law turned to Blood Alcohol Content as a proxy, an inadequate measure but a convenient one for law enforcement to prove. Sexual incapacitation suffers from a lack of definition and no objective basis.

What is clear about incapacitation is that it’s not when there is “liquor in the cup,” or when “she has touched alcohol,” any more than it would be a crime for her to thereafter get behind the wheel of a car. Yet, the notion that any alcohol (or drugs, which don’t seem to find their way onto posters or flyers as much) per se vitiates consent is spreading and being used as the hard and fast line.

September 28, 2015

QotD: Universal criminality

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

I’ve written on many occasions about what I call universal criminality, the crowning achievement of the modern police state, under which there are so many vague, overbroad and counterintuitive laws that every single person is in violation of at least a few of them at all times. Nearly any encounter with the police can be turned into “assault on a police officer” or “resisting arrest”, almost any business can be twisted into “racketeering”, virtually any financial transaction can be redefined as “money laundering” and even normal friendships or business interactions can be tortured into “conspiracy”. But while charges like these can be used to harass, bankrupt and imprison the target, possibly for many years, they often lack the firepower necessary to totally destroy his life forever; after his release from prison he might still be able to find work, have a normal social life and rebuild his shattered fortunes into some semblance of a comfortable existence. Worst of all (from the prosecutorial viewpoint), the public might even side with the victim, turning him into a martyr both during and after his state-sanctioned torture and caging. But there is one weapon in the state’s arsenal which, used properly, will utterly destroy a person’s life. At the end of the process he will have no money, no friends and no home; he will be completely unemployable and condemned to everlasting surveillance, shunned by society and unable even to avail himself of even paid companionship without triggering still more awful consequences. If the prosecutor is really lucky, his victim may even be murdered by the police or other thugs or take his own life. And all it takes to detonate this thermonuclear weapon of modern law is the sending of a single email.

Maggie McNeill, “Instant Criminal”, The Honest Courtesan, 2014-09-19.

September 25, 2015

The anti-porn crusaders

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

J.R. Ireland on the modern day puritans who lose sleep because someone, somewhere, might possibly be looking at porn:

One thing that I have noticed a lot of advocates of sex-worker rights tend to miss though is the parallel between anti-prostitution arguments and anti-porn arguments. I think that the reason for this is simple — prostitution is still illegal, whereas pornography is not only legal, but very visible. It’s all over our computer screens, in fact, and can be found quickly and easily, provided you have the ability to engage in a simple Google search. That means that most pro-prostitution advocates avoid really talking about the issue of pornography, since it’s assumed that this is an issue we’ve already ‘won’ and which we don’t really need to continue babbling about.

Unfortunately, this ignores the fact that there is a burgeoning anti-porn movement that is coming not from the normal enemies of pornography on the right (i.e. Catholics, Baptists, Methodists, etc. who oppose porn on religious grounds), but from leftists who oppose porn on what are alleged to be left-wing grounds — fear of exploitation, a desire to prevent sex-trafficking, a distaste for the vulgar trappings of sexualized patriarchy, and so on.

Anti-Porn feminism is far more advanced in Britain than it is here since British feminists tend to be, and you’ll have to pardon my language, bug-fuck crazy nightmarish lunatics with fake degrees from mediocre universities and a level of self-loathing and insecurity unknown to the sane. It is from this leftist anti-porn position that the activist Gail Dines has arrived. In 2010, she wrote a book entitled Pornland: How Porn Has Hijacked Our Sexuality and since then she has been on the leading edge, the spear-tip, the vanguard of leftist opposition to pornography.


First, Dines tries to argue that ‘sexual assault centers in US colleges’ have ‘said that more women are reporting anal rape.’ Which sexual assault centers? Care to name them? Care to give me any sort of citation for this claim? Of course not — facts are for the patriarchy and we’re in the post-fact world of third wave feminism now!

Indeed, I find it somehow unlikely that sexual assault centers in US colleges are reporting an increase in rape given that American rape rates fell substantially between 1990 and the present:

US rape rate 1973-2013

Go look up any statistics on the incidence of rape and you will find them to be broadly similar — a spike in the 70s and 80s (which happened to coincide with a general increase in criminality) followed by a lengthy decline ever since. Now, were porn actually causing an increase in rape rates due to ‘sexualizing violence against women’ and ‘normalizing’ practices like rape, you would not have expected to find such an obvious decline in sexual assault rates, would you?

The second claim Dines makes is regarding the scary normalization of pedophilia which she claims is occurring directly resultant from porn involving teenagers. First of all, ‘teen porn’ does not ‘normalize pedophilia’ since the teenagers in teen porn are supposed to be 18 or 19 — in other words, post-pubescent and fully grown women. This isn’t even taking into consideration the fact that many actresses in teen porn are actually in their 20’s and are just ‘playing young,’ but we’ll ignore the fact that this is all fantasy anyway, since the fact that pornography isn’t based on reality seems to be a constant source of confusion for Gail Dines.

QotD: The danger of vague laws

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

Prosecutors, and regulators more generally, like vague standards that are impossible to enforce consistently. It gives them a great deal of discretion in whom they target and how. It is a threat that can be wielded to force pleas to lesser crimes or other “voluntary” actions that obviate the need for a messy trial they might lose.

Megan McArdle, “California Accidentally Legalizes Campus Sex”, Bloomberg View, 2014-09-23.

September 24, 2015

QotD: Sex trafficking

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

I am often asked if, by calling “sex trafficking” a myth, I’m saying that there is no such thing as coercion in sex work. The answer, of course, is “not at all”; what I’m saying is 1) that coercion is much rarer than “trafficking” fetishists pretend it is; 2) that 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; and 3) that even situations of genuine coercion rarely bear much resemblance to the familiar masturbatory fantasy of an “innocent” middle-class girl in her early teens abducted by “pimps” from a shopping mall, bus stop or internet chat room.

Maggie McNeill, “The Face of Trafficking”, The Honest Courtesan, 2014-10-10.

September 20, 2015

“What kind of Buddhism is this, Otto?”

Filed under: Religion — Tags: , , , — Nicholas @ 02:00

Kathy Shaidle explains why using a movie’s worldview (even something as funny as A Fish Called Wanda) is not the best way to develop your own philosophy of the world:

From William James and Herman Hesse to the Beats and the Beastie Boys, Buddhism has long appealed to a certain type of post-Enlightenment Westerner — the one who yearns to fill his “God-shaped hole” with anything but God, that uptight, bossy old guy with all the boring rules and hang-ups (man.)

Buddhism — which looks from the outside like agnosticism but with cooler tchotchkes — is the obvious choice.

Now, Americans in particular take a lot of guff (see: “I forgot my mantra…”) for seeming to prefer trompe l’oeil religion — what Flannery O’Connor had her Hazel Motes concoct: a “Holy Church of Christ Without Christ.” That’s probably not surprising considering you’re a country cofounded by deists.

But while it’s funny to witness lily-white lapsed Catholics, still supposedly stinging from Sister’s ruler, sitting in Zen meditation classes where they’re sure to be slapped with an even bigger stick, let’s remember that Buddhism was an Eastern religion first. It’s like Pearl Harbor: They started it.

And “they” aren’t all the unadulterated egalitarian Klaatus of our Big Sur wind-chime fantasies. Buddhist scandals — both sexual and fiduciary — receive only a slender sliver of the media attention and resulting popular scorn that, say, Catholic ones do. (Oddly enough!) Stand-up comics don’t crack jokes about perverted Theravada monks.

Yet lists of Buddhist big-shot malfeasance include such karma-killers as spreading AIDS and drinking oneself to death. And that’s just in America.

Over in Thailand, the “top Buddhist authority bars women from becoming monks,” but some are now insisting (stop me if you’ve heard this one) that female ordination is just the enema the nation’s corrupt and constipated religious authority needs most.

September 16, 2015

The fate of pedestrians in Chinese traffic accidents

Filed under: China, Law — Tags: , , , — Nicholas @ 02:00

At Gods of the Copybook Headings, Richard Anderson comments on a story about Chinese drivers ensuring that pedestrians they hurt in traffic accidents don’t survive to sue them … because incentives matter:

Smelling a story that was too interesting to be true, I texted a friend who lives in China. He read the article and texted back that every word was correct. This behaviour was so common that it was a kind of dark joke. The phrase “drive to kill” was considered practical life advice for young and old alike. These are not members of some obscure and barbarous cult. China is one of the oldest and most accomplished of human civilizations.

The legal explanation for this — a moral explanation I suspect is impossible — is a combination of a weak insurance system and easily bribable courts. An injured pedestrian can become a lifetime financial liability for the driver. Murder convictions, even in cases with clear video evidence, are still unusual. Faced with a choice of becoming a bankrupt or a murderer the popular choice seems to be the latter.

Homo homini lupus est. Man is wolf to man.

Mainland China is, of course, a dictatorship. It seems likely that in a functioning liberal democracy, such as those of the West, very basic legal reforms would long ago have been implemented to remove these quite literally perverse incentives. The rulers of China have deigned it beneath their notice to make such minor improvements.

September 10, 2015

Making it easy for governments to monitor texts, emails, and other messages

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

Megan McArdle explains that while it’s quite understandable why governments want to maintain their technological ability to read private, personal communications … but that’s not sufficient justification to just give in and allow them the full access they claim that they “need”:

Imagine, if you will, a law that said all doors had to be left unlocked so that the police could get in whenever they needed to. Or at the very least, a law mandating that the government have a master key.

That’s essentially what some in the government want for your technology. As companies like Apple and Google have embraced stronger encryption, they’re making it harder for the government to do the kind of easy instant collection that companies were forced into as the government chased terrorists after 9/11.

And how could you oppose that government access? After all, the government keeps us safe from criminals. Do you really want to make it easier for criminals to evade the law?

The analogy with your home doors suggests the flaw in this thinking: The U.S. government is not the only entity capable of using a master key. Criminals can use them too. If you create an easy way to bypass security, criminals — or other governments — are going to start looking for ways to reproduce the keys.


Law enforcement is going to pursue strategies that maximize the ability to catch criminals or terrorists. These are noble goals. But we have to take care that in the pursuit of these goals, the population they’re trying to protect is not forgotten. Every time we open more doors for our own government, we’re inviting other unwelcome guests to join them inside.

I don’t really blame law enforcement for pushing as hard as possible; rare is the organization in history that has said, “You know, the world would be a better place if I had less power to do my job.” But that makes it more imperative that the rest of us keep an eye on what they’re doing, and force the law to account for tradeoffs, rather than the single-minded pursuit of one goal.

September 4, 2015

America’s grievance culture

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

Kevin Yuill on the Virginia shootings and what it says about the wider culture in the west:

Had [Some Asshole]* carried out the killing of two ex-colleagues at Virginia TV station WDBJ 10 years ago, it might have been dismissed as just another case of a disgruntled former employee ‘going postal’ – a phrase referencing several incidents from the mid-1980s onwards involving United States Postal Service (USPS) workers shooting and killing fellow workers. But the fact that [Some Asshole]’s shooting of Alison Parker and Adam Ward was filmed, in a world dominated by YouTube and Facebook, ensured the story gained global coverage.

Predictably, we heard the calls for gun control before the victims’ bodies were cold. Opportunists like broadcaster Piers Morgan, President Barack Obama and presidential hopeful Hillary Clinton appear to welcome such tragedies so they can sanctimoniously read their pre-prepared statements. As a hysterical Morgan put it, the Virginia shooting ‘sum[med] up [America’s] appalling, senseless gun culture’. This kind of emotive finger-wagging is to be expected. Those on the other side of the political spectrum blamed mental illness. Republican presidential hopeful Donald Trump said of the incident, ‘This isn’t a gun problem, this is a mental problem’.


The Virginia shooting draws attention to disturbing elements of American culture that undercut the simplistic ‘blame the guns’ media coverage. It points to the brittle culture of offence, whereby any behaviour considered disagreeable to some is understood as a personal slight. It touches on the bizarre narcissism of the selfie, in which only moments caught on camera are deemed real. And it indicts a powerful sense of entitlement, in which individuals demand automatic acceptance of who they are from others, and assume that any problems they create are always someone else’s fault.

An experienced newsman, [Some Asshole] also played upon the voyeuristic appetite for online sensation (something the Islamic State has successfully exploited). By filming his murders, he achieved a notoriety far in excess of his ‘going postal’ predecessors. Yet even that notoriety is someone else’s fault, with commentators also blaming Google and Facebook for allowing people to watch what was essentially a snuff movie. This is an evasion of responsibility on the part of all who searched out the video of the shooting.

Rather than blame guns, social media or mental illness for the Virginia shooting, perhaps we should look at the poisonous complaint-and-grievance culture that has flourished as a result of people’s refusal to take responsibility for their lives.

* Rather than give the killer any “glory” by using his name, I’m following the recommendations of the Some Asshole Initiative.

August 21, 2015

Studs Terkel talks to Hunter S. Thompson about the Hell’s Angels

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

Published on 28 Jul 2015

“I keep my mouth shut now. I’ve turned into a professional coward.”
– Hunter S. Thompson in 1967

In the 1960s, Hunter S. Thompson spent more than a year living and drinking with members of the Hell’s Angels motorcycle club, riding up and down the California coast. What he saw alongside this group of renegades on Harleys, these hairy outlaws who rampaged and faced charges of attempted murder, assault and battery, and destruction of property along the way — all of this became the heart of Thompson’s first book: Hell’s Angels: A Strange and Terrible Saga. Shortly after the book came out, Thompson sat down for a radio interview with the one and only Studs Terkel.

“I can’t remember ever winning a fight.”

“I used to take it out at night on the Coast Highway, just drunk out of my mind, ride it for 20 and 30 miles in just short pants and a t-shirt. It’s a beautiful feeling.”

“ I tried to keep my eyes on him because I didn’t want to have my skull fractured.”

“They want to get back at the people who put them in this terrible, this dead end, tunnel.”

“The people who are most affected by this technological obsolescence are the ones least capable of understanding the reason for it, so the venom builds up much quicker. It feeds on their ignorance.”

August 13, 2015

Grand Theft, banking style

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

At Salon, David Dayen tells the astounding tale of American banks going feral and mass-forging legal documents to foreclose mortgages on houses they had zero claim on:

If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to mock up the documents than to provide the real ones? Did banks figure they simply had enough power over regulators, politicians and the courts to get away with it? (They were probably right about that one.)

A newly unsealed lawsuit, which banks settled in 2012 for $95 million, actually offers a different reason, providing a key answer to one of the persistent riddles of the financial crisis and its aftermath. The lawsuit states that banks resorted to fake documents because they could not legally establish true ownership of the loans when trying to foreclose.

This reality, which banks did not contest but instead settled out of court, means that tens of millions of mortgages in America still lack a legitimate chain of ownership, with implications far into the future. And if Congress, supported by the Obama administration, goes back to the same housing finance system, with the same corrupt private entities who broke the nation’s private property system back in business packaging mortgages, then shame on all of us.

August 10, 2015

QotD: Rioters

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

My observation of rioters, admittedly from a distance and refracted through cameras, is that they enjoy rioting. Pride is not the only thing that goeth before destruction; human nature does too. I certainly know myself the pleasures of destruction, and knew them as a child: still when I dispose of my bottles in the bottle bank I am disappointed if a few of them do not break with a gratifying tinkle. When I am in a temper (which is not often these days), I know the momentary relief and pleasure that a broken window would bring me. But I have a duty not to relieve myself in this way; everyone does.

When the destructive urge is allied to a sense of purpose and righteousness, it is at its most dangerous, for then one denies that one is deriving pleasure from one’s actions — one is only doing what is right.

There is more that might be said about the violent protesters in Ferguson, as elsewhere. It is true, of course, that no one can be equally moved by all the injustices in the world; if such a person existed, his life would be one long protest against injustice and he would have no time for the enjoyment of the ordinary things of life. The best way to be a bore, said Voltaire, is to say everything; and the second best way would be to protest about everything. But still one has a duty to keep one’s wrath in bounds.

I am not against protest as such. But where someone’s protest against one thing is very much greater than against another that is equally near and in aggregate as serious, one may suspect his dishonesty or bad faith. It is true, of course, that a killing by an agent of the state is particularly heinous, especially if part of a pattern, but it is not infinitely serious by comparison with other killings, nor is it the only serious killing. Though Ferguson is not a particularly violent town (its rate of crimes of violence is about average for that of the United States), five people were murdered there in 2011 without arousing the kind of agitation that has captured, and perhaps even captivated, the attention of the world for the last few days. There are places near Ferguson where the violent crime rate is four times higher than in Ferguson, but there has never been a protest of the same order against the depredations of criminals there.

I try to imagine what it would take to make me throw bricks through windows, ransack buildings, and so forth. Having myself suffered only minor injustices and been responsible for my own failures in life, it takes a special effort of the imagination. But even after I have made that effort, I still cannot see a logical or justifiable connection between protest at injustice and looting a store.

Theodore Dalrymple, “Indulging in Destruction”, Taki’s Magazine, 2014-08-24.

August 4, 2015

Tallahassee does the right thing about its red light camera system

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

Last month, Randall Holcombe reported on a sensible decision by the Tallahassee, Florida city government when it was discovered that its red light camera program had achieved the stated goal:

Five years ago my hometown of Tallahassee, Florida contracted with Xerox to set up 19 red light cameras at seven busy intersections in town. The contract had the city pay Xerox about $87,000 a month to operate the cameras, and charged drivers a fine of $142 for being caught on camera running a red light.

When the program was established, city officials claimed that the cameras were installed for safety reasons, to deter drivers from running red lights, not to raise revenue. If we take them at their word, the program worked. Red light violations have fallen more than 90% since the program began. The program has been so successful that the city is not taking in sufficient revenues from fining violators to pay Xerox the fees for operating them.

You can guess the ending of this story. The city has announced that when the contract with Xerox expires in August, it will not be renewed and the red light camera program will end. Here is a program that has been a huge success by the city’s stated criterion, so the city is terminating it.

I see two possible explanations for this. One is that governments tend to terminate successful programs and continue the unsuccessful ones. The other is that the city officials who originally stated that the motivation for installing the cameras was to deter red light violations, and not the revenue generated from fines, were lying. I’m not ruling out the possibility that both explanations are correct.

Other municipalities presented with the same set of facts went in another direction: reducing the amber light time to increase the number of cars that could be caught on camera violating the law. That this had nothing to do with increasing public safety on the roads — in fact, probably increased the danger around traffic lights in the case of drivers braking suddenly to avoid entering the intersection as soon as the light turned yellow — but it did do a fine job of increasing the fines that could be collected (who cares about the safety of drivers and pedestrians when municipal revenue is at stake?).

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