Quotulatiousness

May 21, 2010

More developments in the NFL “StarCaps” case

Filed under: Football, Law — Tags: , , — Nicholas @ 14:02

Of interest to Minnesota Vikings fans, the NFL having won the last round, Kevin and Pat Williams managed to get the court to rule in favour of continuing the injunction:

Pat Williams and Kevin Williams are likely going to be available for most or all of the 2010 season after being granted an extension to the temporary injunction granted in an 11-page opinion from Hennepin County District Court Judge Gary Larson this morning.

In his decision, Larson said that the Williamses had “satisfied the standard” for proving that their suspensions should be blocked during the appeals process. In short, what the decision appears to show is that the Williamses can appeal the case to the Minnesota Court of Appeals and, even if they lose at that level, would have the chance to appeal to the Minnesota Supreme Court. Given the time that having cases filed and heard at both levels typically take several months, it appears at face value that there is little chance both appeals would be heard during the 2010 season

Of even greater interest is the commentary from the presiding judge, which is quite in line with my own feelings on the matter:

“(The NFL) knew StarCaps contained Bumetanide, that players were ingesting Bumetanide, that Bumetanide was dangerous and withheld information about StarCaps, knowing that players would suffer as a result. (The NFL) created a trap that it knew would result in violations of the program.”

[. . .]

“(The NFL) could have easily avoided this very situation by informing players or teams what it already knew — that StarCaps contained a hidden, dangerous substance. (The NFL) knew that many players were already inadvertently ingesting Bumetanide and continued to the place the health, safety and welfare of its players in jeopardy, so that (NFL General Counsel) Adolpho Birch could play a game of ‘gotcha.’ The league clearly allowed a half dozen other players to use Bumetanide without punishment.”

If the ingredient had been listed on the label, or if the NFL had informed players that the ingredient was in the product, the NFL would be quite correct in trying to suspend these players. Because it was not, and they did not, the NFL should go pound sand.

Your iPod is even more valuable than you think

Filed under: Economics, Law, Media, Technology — Tags: , , , , — Nicholas @ 12:54

Sing along with the RIAA:


Full image here

More detail on Guild Wars 2 Dynamic Events

Filed under: Gaming — Tags: , , — Nicholas @ 12:22

For gaming geeks, this will probably be of interest. For everyone else, maybe not. I’ll put it under the fold so it won’t cause too much distress for non-gaming readers.

(more…)

California’s version of the Greek public service problem

Filed under: Economics, Politics, USA — Tags: , , , — Nicholas @ 09:54

David Crane shows why California’s public pension scheme has much in common with the Greek pension scheme, in the sense of a mind-boggling disconnect from economic reality:

In 1999 then California Governor Gray Davis signed into law a bill that represented the largest issuance of non-voter-approved debt in the state’s history. The bill SB 400 granted billions of dollars in retroactive pension boosts to state employees, allowing retirements as young as age 50 with lifetime pensions of up to 90% of final year salaries. The California Public Employees’ Retirement System sold the pension boost to the state legislature by promising that “no increase over current employer contributions is needed for these benefit improvements” and that Calpers would “remain fully funded.” They also claimed that enhanced pensions would not cost taxpayers “a dime” because investment bets would cover the expense.

What Calpers failed to disclose, however, was that (1) the state budget was on the hook for shortfalls should actual investment returns fall short of assumed investment returns, (2) those assumed investment returns implicitly projected the Dow Jones would reach roughly 25,000 by 2009 and 28,000,000 by 2099, unrealistic to say the least (3) shortfalls could turn out to be hundreds of billions of dollars, (4) Calpers’s own employees would benefit from the pension increases and (5) members of Calpers’s board had received contributions from the public employee unions who would benefit from the legislation. Had such a flagrant case of non-disclosure occurred in the private sector, even a sleepy SEC and US Attorney would have noticed.

Until very recently, public service pension schemes might as well have been listed in the dictionary under “soporific” — except for the beneficiaries, nobody paid much attention. Even so, you’d think that the breathtaking assumptions in the Calpers bill would have woken up at least a few politicians and reporters. Of course, no political body has an effective “Office of Realistic Assumptions” to run proposed legislation past (although it wouldn’t be a bad idea), so it might well be that nobody bothered to check the sums before the bill was passed.

Or, more likely, that nobody voting that day expected to be held accountable for the outcome.

Update: Good news! The state legislature just passed new regulations! That’s bound to fix the problem, right?

Oh, wait . . .

California’s public pension funds would have to report the ethnicity and gender of some of the outside investment managers they hire under a bill that passed the state Assembly on Thursday.

The bill states that businesses owned by women and minorities are not adequately represented in the state’s pension fund portfolios, compared to their proportion of California’s population. It passed on a 41-22 vote and now moves to the state Senate.

Well, that will certainly fix the funding issues in no time, won’t it? Your California state legislature, constantly working for you!

“Courageous Channel” exercise cancelled in South Korea

Filed under: Asia, Military, USA — Tags: , , , — Nicholas @ 09:07

Strategy Page reports that a regular exercise has been cancelled to avoid further raising tensions between North and South Korea:

In South Korea, the semi-annual American evacuation (for American civilians) exercise has been cancelled. This was because relations between North and South Korea are particularly tense. It was felt that this exercise, which involves setting up the 18 evacuation points and having 10,000 people actually go through some of the procedures involved during an evacuation, might make the unstable North Koreans do something rash. The tension is the result of North Korea torpedoing a South Korean warship two months ago, killing 46 sailors. The North Koreans officially denied they did it, although North Koreans have been congratulating each other about it, and the North Korean general in charge of such things was very publicly promoted for no particular reason. Recently, South Korea announced it was certain the ship was sunk by a North Korean torpedo. North Korea called that accusation an insult and threatened war.

Called Courageous Channel, the evacuation drill has been held twice every year (in the Spring and Fall) since 1996. That was when someone noticed that there a lot more U.S. citizens living in South Korea, particularly in and around the capital Seoul. This city contains a quarter of South Korea’s population, and is a primary target for any North Korean invasion. The city is within range over a thousand North Korean guns and rocket launchers. If there were an actual evacuation, some 140,000 American citizens (and some non-citizen dependents) would be moved south.

The report on the sinking of ROKS Cheonan was issued earlier this week.

Powered by WordPress