Quotulatiousness

November 5, 2014

Alaska, Oregon, and Washington DC vote to legalize marijuana

Filed under: Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 07:24

Jacob Sullum on the success of two more state legalization campaigns (oh, and the imperial capital, too):

Yesterday Alaska became the fourth state to legalize marijuana for recreational use. With 74 percent of precincts reporting, 52 percent of voters favored legalization. Alaska joins Oregon and Washington, D.C., which legalized marijuana on the same day, and Colorado and Washington state, where voters approved legalization in 2012.

Alaska has taken a unique approach to marijuana since 1975, when the Alaska Supreme Court decided that the state constitution’s privacy clause allows people to possess small amounts of cannabis at home for personal use without fear of arrest or punishment. But that ruling raised an obvious question: Where are people supposed to get the pot they are allowed to use?

Measure 2 answers that question with a system similar to Colorado’s. It allows adults 21 or older to possess up to an ounce of marijuana at a time, grow up to six plants at home, and transfer up to an ounce at a time to other adults “without remuneration.” It authorizes state-licensed growers, cannabis product manufacturers, and retailers, to be regulated by Alaska’s Alcoholic Beverage Control Board or a separate agency created by the state legislature.

Adrian Peterson’s legal situation now clear … NFL disciplinary situation less so

Filed under: Football, Law — Tags: , , , , — Nicholas @ 07:04

Yesterday, Adrian Peterson agreed to a plea deal that would reduce the charges he faced from a felony to a misdemeanor (thereby also reducing the maximum punishment from jail time to a fine, probation, and community service). He pleaded no contest to the lesser charges and if he completes the probation without incident, he won’t have a criminal record. He will also be subject to random drug testing but no travel restrictions. Despite this, his situation with the NFL is still up in the air — he’s been on the commissioner’s exempt list since week two, getting paid but not being allowed to practice with the team — and the only way he’ll be allowed back on the field is after Roger Goodell decides on what league discipline is now called for.

November 3, 2014

UCLA students on the new Affirmative Consent rules

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

In The Atlantic, Conor Friedersdorf talks to actual UCLA students to find out what they think of the new rules for how they must conduct themselves in intimate situations:

Imagine serving on the campus equivalent of a jury in a sexual-assault case.

The accused testifies, “I thought I was reading all the signals right. Once we started kissing it felt like things progressed naturally, like we were both into it. Neither of us said, ‘Yes, let’s do this,’ but I definitely wanted to hook up. I felt sure we both did.” The accuser says, “I was totally comfortable when we started kissing, but as things progressed I felt more and more uncomfortable. I didn’t say stop or resist, but I didn’t consent to being groped or undressed. I wasn’t asked. I didn’t want that.” If both seem to be telling the truth as they perceive it, what’s the just outcome?

Last week, I spent some time at UCLA asking students about California’s new “affirmative-consent” law. In our conversations, I described the law and asked them whether they supported it or not. I also posted this scenario to them. I was surprised by how common it was for students to express support for the law and then to say a few minutes later that they wouldn’t feel comfortable convicting the accused in that example. But there were also students who opposed affirmative-consent laws and later said that they would find the accused guilty.

That conflict fit with a larger theme that ran through my conversations with undergraduates, from freshmen to seniors. Asked about California’s law, many supporters focused on how affirmative consent squared with their notion of what campus norms, values, and culture ought to be, rather than its effect on disciplinary cases, which they treated as a tangentially related afterthought. Opponents expressed abstract concerns about unjust convictions and due process, yet some felt that convicting the accused in that hypothetical would be just.

In short, forcing both sides to confront a specific scenario made them see a thornier issue than they’d imagined. And it increased the conflicted feelings of many of those who had no definite position.

October 31, 2014

US government’s no-fly list at an all-time high

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:13

In The Atlantic, Conor Friedersdorf talks about the travesty that is the US government’s no-fly list:

An image accompanying the scoop starkly illustrated an out-of-control watchlist. (The Intercept)

An image accompanying the scoop starkly illustrated an out-of-control watchlist. (The Intercept)

Months ago, The Intercept reported that “nearly half of the people on the U.S. government’s database of terrorist suspects are not connected to any known terrorist group.” Citing classified documents, Jeremy Scahill and Ryan Devereaux went on to report that “Obama has boosted the number of people on the no fly list more than ten-fold, to an all-time high of 47,000 — surpassing the number of people barred from flying under George W. Bush.” Several experts were quoted questioning the effectiveness of a watch list so expansive, echoing concerns expressed by the Associated Press the previous month as well as the ACLU.

The Intercept article offered a long overdue look at one of the most troubling parts of the War on Terrorism. Being labeled a suspected terrorist can roil or destroy a person’s life — yet Team Obama kept adding people to the list using opaque standards that were never subject to democratic debate. Americans were denied due process. Innocent people were also put on a no-fly list with no clear way to get off.

As the ACLU put it, “The uncontroversial contention that Osama bin Laden and a handful of other known terrorists should not be allowed on an aircraft is being used to create a monster that goes far beyond what ordinary Americans think of when they think about a ‘terrorist watch list.’ If the government is going to rely on these kinds of lists, they need checks and balances to ensure that innocent people are protected.” The status quo made the War on Terror resemble a Franz Kafka novel.

October 30, 2014

Copyright’s friends and enemies

Filed under: Books, Business, Law, Media, USA — Tags: , — Nicholas @ 07:46

Mike Masnick linked to an article in The New Yorker by Louis Menand which tries to explain the concept of copyrights, the problems of ever-extending copyright terms, and who stands on each side of the ongoing debate:

The point of Peter Baldwin’s fascinating and learned (and also repetitive and disorganized) The Copyright Wars (Princeton) is that the dispute between analog-era and digital-era notions of copyright is simply the latest installment of an argument that goes all the way back to the Statute of Anne. The argument is not really about technology, although major technological changes tend to bring it back to life. It’s about the reason for creating a right to make copies in the first place.

In the United States, the reason is stated in the Constitution. Article I gives Congress power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The Copyright Act of 1790 set the length of copyright at fourteen years, renewable for another fourteen, after which the work falls into the public domain.

A right is just the flip side of a prohibition. The thinking behind Article I is that prohibiting people from copying and selling someone else’s original work is a way of encouraging the writing of useful or entertaining books, just as awarding a patent is a way of encouraging the invention of useful or enjoyable things. The prohibition operates as an incentive for the protected party. For a limited period — fourteen or twenty-eight years — authors get to enjoy the profits from sales of their books, and this prospect of reward induces people to write.

But Article I makes it clear that the ultimate beneficiary of books and inventions is the public. Copyrights are granted and patents are issued in order “to promote the Progress of Science and useful Arts.” This is why the Constitution dictates a limit on the right to make copies. After the term of protection expires, a work cannot be copyrighted again. It becomes a public good. It is thrown into the open market, which allows it to be cheaply reproduced, and this speeds the distribution of knowledge. “Intellectual property is a frail gondola that ferries innovation from the private to the public sphere, from the genius to the commons,” as Paul K. Saint-Amour, one of the leading literary scholars of copyright, elegantly describes it.

October 27, 2014

Beware the stoner sheep!

Filed under: Britain, Food, Humour, Law — Tags: , — Nicholas @ 07:21

In The Register, news you can use!

A flock of sheep that are about to meet their maker at the abattoir got high on cannabis plants worth £4,000, after the drugs were ditched in a Surrey field.

“My sheep weren’t quite on their backs with legs in the air but they probably had the munchies,” farm shop manager Nellie Budd told local rag the Surrey Mirror.

“They haven’t had any other side effects but I’ll tell you about the meat next week.”

The stash of marijuana plants, which were each roughly three foot tall, were dumped at the edge of Fanny’s Farm in Markedge Lane, the paper reported. Budd’s shop was just 200 yards from where the drugs were fly-tipped, apparently.

Police told Budd that the cannabis had a street value of about £4,000.

October 23, 2014

Another quirk in the American justice system

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 07:06

In the Washington Post, Radley Balko explains how judges can convict you of crimes you were acquitted on or even crimes you were never charged with in the first place:

Most Americans probably believe that the government must first convict you of a crime before it can impose a sentence on you for that crime. This is incorrect: When federal prosecutors throw a bunch of charges at someone but the jury convicts on only some of those charges, a federal judge can still sentence the defendant on the charges for which he was acquitted. In fact, the judge can even consider crimes for which the defendant has never been charged.

Last week, the U.S. Supreme Court declined to hear Jones v. U.S., a case that would have addressed the issue. The National Law Journal summarizes the facts:

    [A] District of Columbia jury found Antwuan Ball, Desmond Thurston and Joseph Jones guilty in 2007 of selling between two and 11 grams of cocaine, relatively small amounts. They were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.

    Yet, when U.S. District Judge Richard Roberts sentenced the three, he said he “saw clear evidence of a drug conspiracy,” and sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively — four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to filings with the Supreme Court.

There have been other cases like this, including at least two in which federal judges sentenced defendants for murders for which they were never even charged, never mind convicted. So not only can a judge sentence a defendant for crimes for which a jury acquitted, he can sentence a defendant for crimes for which prosecutors didn’t have enough evidence to charge.

October 21, 2014

A legal warning shot for Manga fans in England

Filed under: Britain, Law, Media — Tags: , , , — Nicholas @ 07:14

A man in Middlesbrough has been convicted of possessing illegal images of children … in his Manga collection. That is, cartoon drawings in the Japanese style called Manga. Gareth Lightfoot reports on the case for the Gazette:

A jobless animation fan has made legal history as he was convicted of having illegal pictures of cartoon children.

Robul Hoque, 39, is believed to be the first in the UK hauled before court over his collection of Japanese Manga or Anime-style images alone.

He admitted 10 counts of possessing prohibited images of children at Teesside Crown Court.

His barrister Richard Bennett said: “These are not what would be termed as paedophilic images. These are cartoons.”

And Mr Bennett revealed that such banned images were freely available on legitimate sites.

He said: “This case should serve as a warning to every Manga and Anime fan to be careful. It seems there are many thousands of people in this country, if they are less then careful, who may find themselves in that position too.”

Police found the images when they seized Hoque’s computer from his home on June 13, 2012, said prosecutor Harry Hadfield. He said officers found 288 still and 99 moving images, but none were of real people.

They were classified as prohibited images as they depicted young girls, some in school uniforms, some exposing themselves or taking part in sexual activity.

For obvious reasons, the newspaper article does not show any examples of the images in question, but Rob Beschizza warns you not to read his post at BoingBoing if you’re in England, as it does show an image that may or may not have been part of the investigation.

October 17, 2014

QotD: Legislating absolute equality

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

…to oppose the notion of equality of opportunity these days is to be thought some kind of monstrous ultramontane reactionary, a Metternich or Nicholas I, who wants by means of repression to preserve the status quo in amber. Members of young audiences to which I have spoken have almost fainted with shock when I have said that I not only did not believe in equality of opportunity, but to the contrary found the very idea sinister in the extreme, and much worse than mere egalitarianism of outcome. To say to a young audience today that equality of opportunity is a thoroughly vicious idea is like shouting “God does not exist and Mohammed was not his prophet” at the top of one’s voice in Mecca.

Those who believe in equality of opportunity must want, if they take the idea seriously, to make the world not only just but fair. Genetic and family influences on the fate of people have to be eliminated, because they undoubtedly affect opportunities and make them unequal. Ugly people cannot be models; the deformed cannot be professional footballers; the retarded cannot be astrophysicists; the small of stature cannot be heavyweight boxers; I don’t think I have to prolong this list, as everyone can think of a thousand examples for himself.

Of course, it might be possible to level the field a little by legislating for equality of outcome: by, for example, insisting that ugly people are employed as models in proportion to their prevalence in the population. English novelist L.P. Hartley, author of The Go-Between, satirized such envious suppression of beauty (and, by implication, all egalitarianism other than that of equality under the law) in a novel called Facial Justice. It’s not a very good novel, as it happens, but the idea is very good; Hartley envisages a state in which everyone aspires to an “average” face, brought about by plastic surgery both for the abnormally ugly and the abnormally good-looking. Only in this way can the supposed injustice (actually it’s unfairness) of the genetic lottery be righted.

Hartley’s novel is a reductio ad absurdum of a pernicious idea. By contrast, Roosevelt’s “measurable quality of opportunity” is roughly achievable by human design: only roughly, of course, because some (though few) will still be excluded biologically, and there are (again few) upbringings so terrible that they preclude opportunity for the person to become anything much. But the aspiration to deny no one a “measurable quality of opportunity” is not intrinsically nasty, as is the insistence on equality of opportunity. On the contrary; our problem is, however, that the political arrangements needed to bring this about already exist in most Western countries, and still we are unhappy or discontented. Thus we — many of us, that is — attribute our unhappiness to inequality of opportunity for fear of looking elsewhere, including inward.

Theodore Dalrymple, “A More Sinister Equality”, Taki’s Magazine, 2014-04-06

October 16, 2014

The trouble with “parenting” in 2014

Filed under: Bureaucracy, Education, Health, Law, Liberty — Tags: , , — Nicholas @ 00:02

Jan MacVarish discusses the problems facing today’s parents that inhibit natural parenting instincts and replace them with the diktats of the bureaucracy:

Here are two scenes which illustrate contemporary parenting culture.

In the first, I am called into my son’s primary school by the ‘family-liaison officer’. I am surprised to learn that she is investigating the concerns of a teacher who has overheard my son and his friends discussing their mothers’ favourite punishment methods. Whereas one of the mothers (who I know) reportedly kicks her boy in the privates with her stilettos, and another (who I also know) prefers to administer an ‘African slap’, my chosen method is, apparently, to hit my son with a frying pan. Visions of Tom and Jerry immediately spring to mind, and I laugh at the ridiculousness of the schoolboys’ conversation. The family-liaison officer admits that it is highly unlikely that a mother such as me (white and middle class) would engage in such behaviour, but, she tells me, she is nevertheless obliged to ask if I have ever deployed the family skillet as a weapon. I am now amused, bemused and starting to see that this could have played out very differently if I were perceived to be one of those ‘other’ parents.

Scene two: While swimming in the local pool with frying-pan boy, I notice a mother engage in an exhausting 20-minute argument with her one-year-old baby boy. He had slapped her, so she was asking him in a quiet, controlled voice to look her in the eye and apologise for ‘hurting mummy’. Being a baby, he refused to comply, and became more and more upset as the request was repeated again and again. My sympathy was equal for both mother and child: he was sobbing and she seemed forlornly trapped in some kind of ‘good parenting’ ritual, in which the parent conveys to the child the emotional consequences of their actions – ‘you hurt mummy, that makes mummy feel sad’ – and expects the child to take ‘ownership’ of their actions.

Both of these scenes demonstrate the abandonment of common sense and, indeed, any kind of ‘instinct’ when it comes to adults relating to children. When you remove any element of instinct from parenting, you replace trust, care, love and joy with empty rituals of ‘safeguarding’ or ‘good parenting’. The family-liaison officer’s dutiful yet hollow investigation makes clear just how corrosive the institutionalisation of parent-blaming in schools has become, while the mother’s exchange with her baby in the pool showed how futile and joy-draining following abstract, good-parenting guidelines can be.

October 9, 2014

“Political barriers make it harder to innovate with atoms than with bits”

Filed under: Bureaucracy, Law, Technology — Tags: , , , , — Nicholas @ 08:30

Virginia Postrel on the barriers that slow down — or completely stop — innovation in far too many non-digital fields:

… I sympathize with science-fiction writer Neal Stephenson and venture-capitalist Peter Thiel, whose new books lament the demise of grand 20th-century dreams and the optimistic culture they expressed. “I worry that our inability to match the achievements of the 1960s space program might be symptomatic of a general failure of our society to get big things done,” writes Stephenson in the preface to Hieroglyph, a science-fiction anthology hoping “to rekindle grand technological ambitions through the power of storytelling.” In Zero to One, a book mostly about startups, Thiel makes the argument that “we have to find our way back to a definite future, and the Western world needs nothing short of a cultural revolution to do it.”

Their concerns about technological malaise are reasonable. As I’ve written here before, “political barriers have in fact made it harder to innovate with atoms than with bits.” It’s depressing to see just about any positive development — a dramatic decline in the need for blood transfusions, for instance — greeted with gloom. (“The trend is wreaking havoc in the blood bank business, forcing a wave of mergers and job cutbacks.”)

When a report about how ground-penetrating radar has mapped huge undiscovered areas of Stonehenge immediately provokes a comment wondering whether the radar endangers the landscape, something has gone seriously wrong with our sense of wonder. “There’s an automatic perception … that everything’s dangerous,” Stephenson mused at a recent event in Los Angeles, citing the Stonehenge example, “and that there’s some cosmic balance at work — that if there’s an advance somewhere it must have a terrible cost. That’s a hard thing to fix, but I think that if we had some more interesting Apollo-like projects or big successes we could point to it might lift that burden that is on people’s minds.”

Postrel argues that Stephenson’s fix would not work, and that our nostalgia for the early days of the Space Age blind us to the reality that most Americans in that era did not believe that the money for the Apollo missions was well spent (with the brief exception of July, 1969). She makes the point that our culture has changed significantly and those attitudinal changes are much more of the reason for today’s hesitancy and doubt about progress:

We already have plenty of critics telling us that our creativity and effort are for naught, our pleasures and desires absurd, our civilization wicked and destructive. We live in a culture where condemnatory phrases like “the ecosystems we’ve broken” are throwaway lines, and the top-grossing movie of all time is a heavy-handed science-fiction parable about the evils of technology and exploration. We don’t need Neal Stephenson piling on.

The reason mid-20th-century Americans were optimistic about the future wasn’t that science-fiction writers told cool stories about space travel. Science-fiction glamour in fact worked on only a small slice of the public. (Nobody else in my kindergarten was grabbing for You Will Go to the Moon.) People believed the future would be better than the present because they believed the present was better than the past. They constantly heard stories — not speculative, futuristic stories but news stories, fashion stories, real-estate stories, medical stories — that reinforced this belief. They remembered epidemics and rejoiced in vaccines and wonder drugs. They looked back on crowded urban walk-ups and appreciated neat suburban homes. They recalled ironing on sweaty summer days and celebrated air conditioning and wash-and-wear fabrics. They marveled at tiny transistor radios and dreamed of going on airplane trips.

Then the stories changed. For good reasons and bad, more and more Americans stopped believing in what they had once viewed as progress. Plastics became a punch line, convenience foods ridiculous, nature the standard of all things right and good. Freeways destroyed neighborhoods. Urban renewal replaced them with forbidding Brutalist plazas. New subdivisions represented a threat to the landscape rather than the promise of the good life. Too-fast airplanes produced window-rattling sonic booms. Insecticides harmed eagles’ eggs. Exploration meant conquest and brutal exploitation. Little by little, the number of modern offenses grew until we found ourselves in a 21st century where some of the most educated, affluent and cultural influentially people in the country are terrified of vaccinating their children. Nothing good, they’ve come to think, comes from disturbing nature.

Emphasis mine.

October 7, 2014

When the “right to be forgotten” encounters the Streisand Effect

Filed under: Europe, Law, Liberty, Media — Tags: , , , — Nicholas @ 08:58

At Techdirt, Mike Masnick reports on the first New York Times articles to be removed from Google‘s search indices under the European “right to be forgotten” regulations:

Over the weekend, the NY Times revealed that it is the latest publication to receive notification from Google that some of its results will no longer show up for searches on certain people’s names, under the whole “right to be forgotten” nuttiness going on in Europe these days. As people in our comments have pointed out in the past, it’s important to note that the stories themselves aren’t erased from Google‘s index entirely — they just won’t show up when someone searches on the particular name of the person who complained. Still, the whole effort is creating a bit of a Streisand Effect in calling new attention to the impacted articles.

In this case, the NY Times was notified of five articles that were caught up in the right to be forgotten process. Three of the five involved semi-personal stuff, so the Times decided not to reveal what those stories were (even as it gently mocks Europe for not believing in free speech):

    Of the five articles that Google informed The Times about, three are intensely personal — two wedding announcements from years ago and a brief paid death notice from 2001. Presumably, the people involved had privacy reasons for asking for the material to be hidden.

I can understand the Times‘ decision not to reveal those articles, but it still does seem odd. You can understand why people might not want their wedding announcements findable, but they were accurate at the time, so it seems bizarre to have them no longer associated with your name.

October 6, 2014

Last Week Tonight with John Oliver: Civil Forfeiture (HBO)

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 16:47

Published on 5 Oct 2014

Did you know police can just take your stuff if they suspect it’s involved in a crime? They can!
It’s a shady process called “civil asset forfeiture,” and it would make for a weird episode of Law and Order.

H/T to Dave Trant for the link.

October 4, 2014

The “Herod Clause” to get free Wi-Fi

Filed under: Britain, Business, Humour, Law, Technology — Tags: , , — Nicholas @ 10:48

I missed this earlier in the week (and it smells “hoax-y”, but it’s too good to check):

A handful of Londoners in some of the capital’s busiest districts unwittingly agreed to give up their eldest child, during an experiment exploring the dangers of public Wi-Fi use.

The experiment, which was backed by European law enforcement agency Europol, involved a group of security researchers setting up a Wi-Fi hotspot in June.

When people connected to the hotspot, the terms and conditions they were asked to sign up to included a “Herod clause” promising free Wi-Fi but only if “the recipient agreed to assign their first born child to us for the duration of eternity”. Six people signed up.

F-Secure, the security firm that sponsored the experiment, has confirmed that it won’t be enforcing the clause.

“We have yet to enforce our rights under the terms and conditions but, as this is an experiment, we will be returning the children to their parents,” wrote the Finnish company in its report.

“Our legal advisor Mark Deem points out that — while terms and conditions are legally binding — it is contrary to public policy to sell children in return for free services, so the clause would not be enforceable in a court of law.”

Ultimately, the research, organised by the Cyber Security Research Institute, sought to highlight public unawareness of serious security issues concomitant with Wi-Fi usage.

October 1, 2014

Camille Paglia on universities’ inability to comprehend evil

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

In Time, Camille Paglia says that universities are unable to understand the real risks to young women on campus:

The gender ideology dominating academe denies that sex differences are rooted in biology and sees them instead as malleable fictions that can be revised at will. The assumption is that complaints and protests, enforced by sympathetic campus bureaucrats and government regulators, can and will fundamentally alter all men.

But extreme sex crimes like rape-murder emanate from a primitive level that even practical psychology no longer has a language for. Psychopathology, as in Richard von Krafft-Ebing’s grisly Psychopathia Sexualis (1886), was a central field in early psychoanalysis. But today’s therapy has morphed into happy talk, attitude adjustments, and pharmaceutical shortcuts.

There is a ritualistic symbolism at work in sex crime that most women do not grasp and therefore cannot arm themselves against. It is well-established that the visual faculties play a bigger role in male sexuality, which accounts for the greater male interest in pornography. The sexual stalker, who is often an alienated loser consumed with his own failures, is motivated by an atavistic hunting reflex. He is called a predator precisely because he turns his victims into prey.

Sex crime springs from fantasy, hallucination, delusion, and obsession. A random young woman becomes the scapegoat for a regressive rage against female sexual power: “You made me do this.” Academic clichés about the “commodification” of women under capitalism make little sense here: It is women’s superior biological status as magical life-creator that is profaned and annihilated by the barbarism of sex crime.

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