Quotulatiousness

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.

September 24, 2014

QotD: Privacy and cell phones

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

People who were charged with a crime in England used to be told by the police that they did not have to say anything, but that anything they did say might be taken down and used as evidence against them. I think we should all be given this warning whenever we use a mobile telephone.

Theodore Dalrymple, “Nowhere to Hide”, Taki’s Magazine, 2014-02-23

September 20, 2014

CBC warning to Canadians travelling in the United States

Filed under: Cancon, Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:11

I’ve seen this CBC link mentioned several times by US commentators:

American shakedown: Police won’t charge you, but they’ll grab your money
U.S. police are operating a co-ordinated scheme to seize as much of the public’s cash as they can

On its official website, the Canadian government informs its citizens that “there is no limit to the amount of money that you may legally take into or out of the United States.” Nonetheless, it adds, banking in the U.S. can be difficult for non-residents, so Canadians shouldn’t carry large amounts of cash.

That last bit is excellent advice, but for an entirely different reason than the one Ottawa cites.

There’s a shakedown going on in the U.S., and the perps are in uniform.

Across America, law enforcement officers — from federal agents to state troopers right down to sheriffs in one-street backwaters — are operating a vast, co-ordinated scheme to grab as much of the public’s cash as they can; “hand over fist,” to use the words of one police trainer.

September 17, 2014

Adrian Peterson won’t play this week (or perhaps for the rest of the NFL season)

Filed under: Business, Football, Law — Tags: , , , — Nicholas @ 15:44

I haven’t been posting much about the Adrian Peterson situation, partly because I was still waiting for the picture to clarify and partly because it just depressed the hell out of me to think about it. I agreed with the Vikings’ decision to deactivate Peterson for Sunday’s game against New England, even though it clearly distracted the team and disrupted the game planning: it was the right thing to do. I was shocked and dismayed when the team announced that Peterson would be returning to the team on Monday and would play this weekend in New Orleans.

I wasn’t alone in my reaction: the fans, the media, and even the team’s sponsors reacted very negatively to the announcement. The governor of Minnesota weighed in on the issue and his intervention had to be awkward, as he’d been a major supporter of the team’s campaign to get public funding for their new stadium now under construction. Some Viking players were happy to have Peterson back, but even there the support was not as widespread as it might have been … players from the south were much more vocal in their support than those from elsewhere in the nation.

As Monday wore on, a few more pebbles came loose from the PR dam, as the team learned from one sponsor after another that they were suspending or contemplating ending their promotional relationship with the team. Companies and organizations with a direct relationship to Peterson himself were even more direct: Nike, for example, ordered their retailers in Minnesota to stop selling any items branded with Peterson’s name or number.

The team’s ownership and management met late last night to hammer out a new answer to the PR disaster that had landed on them on Friday and had been made far worse by their Monday decision. Shortly before 1 a.m., the team announced that they’d made a mistake and that Peterson would not be active for the coming game. Instead, he’s being put on the NFL’s little-known exempt list, meaning that he’ll be paid his salary but will not be with the team until his legal issues are resolved. Although he’s being paid, he will not count against the team’s 53-man roster.

ESPN1500‘s Andrew Krammer has more:

Instead of Mike Zimmer and Matt Cassel commanding the podium on a typical Wednesday at Winter Park, Minnesota Vikings owner Zygi Wilf issued a statement and Mark Wilf, general manager Rick Spielman and team attorney Kevin Warren took questions about getting “it right,” a mantra uttered nearly 30 times in the 17-minute press conference.

Running back Adrian Peterson has been placed on an exempt list, an order directed by the Vikings, agreed to by Peterson and made possible by NFL commissioner Roger Godell’s oversight. The Vikings’ decision comes two days after the team held a similar press conference at the same location announcing Peterson’s reinstatement.

Public outcry from fans, media, sponsors and even Governor Mark Dayton prompted the change, as Mark Wilf said: “We value our partners, sponsors and community, and especially our fans. In the end, it’s really about getting it right.”

Peterson will be paid his full salary while sorting out his legal matters, which assistant DA Phil Grant has reportedly said could take “nine to 12 months” to go to trial, though a judge can lengthen or shorten at his/her discretion.

The $12 million question for the Vikings is: Will Peterson play another game in 2014? If not, will he ever don the Vikings purple again?

“Until these legal matters are resolved, he will remain on this exemption list,” Spielman said.

September 13, 2014

Ohio State University’s bureaucratic approach to student-to-student intimacy

Filed under: Bureaucracy, Law, USA — Tags: , , , , — Nicholas @ 10:46

US colleges and universities are struggling to come up with new and innovative ways of regulating how their students interact in intimate situations. Ohio State University, for example, now requires that students who engage in sexual relations must agree on why they want to have sex to avoid the risk of sexual assault charges being brought:

At Ohio State University, to avoid being guilty of “sexual assault” or “sexual violence,” you and your partner now apparently have to agree on the reason WHY you are making out or having sex. It’s not enough to agree to DO it, you have to agree on WHY: there has to be agreement “regarding the who, what, where, when, why, and how this sexual activity will take place.”

There used to be a joke that women need a reason to have sex, while men only need a place. Does this policy reflect that juvenile mindset? Such a requirement baffles some women in the real world: a female member of the U.S. Commission on Civil Rights told me, “I am still trying to wrap my mind around the idea of any two intimates in the world agreeing as to ‘why.’”

Ohio State’s sexual-assault policy, which effectively turns some welcome touching into “sexual assault,” may be the product of its recent Resolution Agreement with the Office for Civil Rights (where I used to work) to resolve a Title IX complaint over its procedures for handling cases of sexual harassment and assault. That agreement, on page 6, requires the University to “provide consistent definitions of and guidance about the University terms ‘sexual harassment,’ ‘consent,’ ‘sexual violence,’ ‘sexual assault,’ and ‘sexual misconduct.’” It is possible that Ohio State will broaden its already overbroad “sexual assault” definition even further: Some officials at Ohio State, like its Student Wellness Center, advocate defining all sex or “kissing” without “verbal,” “enthusiastic” consent as “sexual assault.”

Ohio State applies an impractical “agreement” requirement to not just sex, but also to a much broader category of “touching” that is sexual (or perhaps romantic?) in nature. First, it states that “sexual assault is any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts from intimidation to touching to various forms of penetration and rape.” Then, it states that “Consent is a knowing and voluntary verbal or non-verbal agreement between both parties to participate in each and every sexual act … Conduct will be considered “non-consensual” if no clear consent … is given … Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, ‘do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?’”

Update:

The latest NFL scandal

Filed under: Football, Law — Tags: , , , , — Nicholas @ 09:33

News broke yesterday that Minnesota Vikings star running back (and former NFL MVP) Adrian Peterson has been accused of reckless or negligent injury to a child. The team announced that Peterson would not play in this weekend’s home opener against the New England Patriots and that any inquiries should be directed to Peterson’s attorney rather than to the team.

Peterson has been the focus of charges before, and the team and the fans rallied around him and the charges were eventually dropped. This is different. This is not a confrontation with a rent-a-cop with delusions of authority. This is much more serious and, if true, shows Peterson in a very bad light indeed.

Jim Souhan expresses much the same feelings I have over the situation:

I hoped it wasn’t true. I hoped that if it turned out to be true, the child was uninjured.

Then I saw the alleged pictures.

I’ll use the words “alleged” and “if” a lot here, just in case Peterson is somehow being wrongly accused.

The pictures detail the wounds that Peterson allegedly inflicted on his 4-year-old son with a switch. The pictures are, allegedly, taken a week after the injuries. The pictures should turn the stomach of any human, and especially anyone who has worried over their child’s skinned knee with a Band-Aid and Neosporin.

If Peterson is guilty, this act would change everything.

I’ve always liked Peterson. I’ve never had reason not to.

For a star, Peterson is friendly and accessible. In terms of work ethic and on-field effort, he has never been anything less than admirable. His teammates like him. Vikings staffers like him.

None of that matters now. If Peterson took a piece of wood and whipped a 4-year-old until the child bled from large welts, he should never play for the Vikings again.

If the charges are true, Peterson will likely face a lengthy suspension. He is 29. By February, the Vikings were already due to begin asking themselves whether they could afford to pay an aging running back like a superstar.

If Peterson viciously beat a 4-year-old, the Vikings may have to consider cutting ties with a player who had a chance to be not only great but forever beloved.

If Peterson is guilty of child abuse, someone, somewhere in the NFL has to stop thinking about wins and losses and begin asking this question: “What kind of league do we want to be?’’

1500ESPN‘s Andrew Krammer and Phil Mackey have more, including quotations from the police report:

Minnesota Vikings running back Adrian Peterson has been indicted by a Montgomery County, Texas grand jury on charges of reckless or negligent injury to a child, his attorney Rusty Hardin confirmed in a statement to 1500ESPN.com.

Per the statement, Hardin confirmed the charges involve Peterson using a “switch” (a flexible tree branch) to spank his son, adding that Peterson “has cooperated fully with authorities and voluntarily testified before the grand jury for several hours.”

KARE 11 TV has reported an arrest warrant is out, and Peterson plans to travel to Houston to turn himself into authorities.

[…]

Peterson also allegedly said via text message to the child’s mother that he “felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh” and also acknowledged the injury to the child’s scrotum in a text message, saying, “Got him in nuts once I noticed. But I felt so bad, n I’m all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories!”In further text messages, Peterson allegedly said, “Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but don’t play no games when it comes to acting right.”

According to police reports, the child, however, had a slightly different story, telling authorities that “Daddy Peterson hit me on my face.” The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that “there are a lot of belts in Daddy’s closet.” He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson “likes belts and switches” and “has a whooping room.”

Peterson, when contacted by police, admitted that he had “whooped” his son on the backside with a switch as a form of punishment, and then, in fact, produced a switch similar to the one with which he hit the child. Peterson also admitted that he administered two different “whoopings” to his son during the visit to Texas, the other being a punishment for the 4-year-old scratching the face of a 5-year-old.

Update: USA Today‘s Tom Pelissero explains the situation both for the NFL and for the Vikings.

September 12, 2014

When the government steals, they call it “civil forfeiture”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:53

In Forbes, Jacob Sullum explains the amazingly lenient rules in most states for the government to steal your property:

Three key features of civil forfeiture law give cops this license to steal:

The government does not have to charge you with a crime, let alone convict you, to take your property. Under federal law and the laws of many states, a forfeiture is justified if the government can show, by a preponderance of the evidence, that it is connected to a crime, typically a drug offense. That standard, which amounts to any probability greater than 50 percent, is much easier to satisfy than proof beyond a reasonable doubt, the standard for a criminal trial. Some states allow forfeiture based on probable cause, a standard even weaker than preponderance of the evidence.

The burden of proof is on you. Innocent owners like Mandrel Stuart have to prove their innocence, a reversal of the rule in criminal cases. Meanwhile, the government hangs onto the money, which puts financial stress on the owner and makes it harder for him to challenge the forfeiture.

Cops keep the loot. Local cops and prosecutors who pursue forfeiture under federal law, which is what happened in Stuart’s case, receive up to 80 percent of the proceeds. Some states are even more generous, but others give law enforcement agencies a smaller cut, making federal forfeiture under the Justice Department’s Equitable Sharing Program a tempting alternative. The fact that police have a direct financial interest in forfeitures creates an incentive for pretextual traffic stops aimed at finding money or other property to seize. The Post found that “298 departments and 210 task forces have seized the equivalent of 20 percent or more of their annual budgets since 2008.”

There’s at least some awareness in the Senate that the civil forfeiture rules are being abused:

The Fifth Amendment Integrity Restoration (FAIR) Act, a bill introduced by Sen. Rand Paul (R-Ky.) in July, addresses each of these issues. The FAIR Act changes the standard of proof in federal forfeiture cases from “preponderance of the evidence” to “clear and convincing evidence.” That change does not go as far as the Institute for Justice, a public interest law firm that has been fighting forfeiture abuse for years, would like. I.J. argues that civil forfeiture should be abolished, meaning that a criminal conviction, based on proof beyond a reasonable doubt, would be required for the government to take property allegedly connected to a crime. But Paul’s reform would make it harder for the government to prevail if a forfeiture case goes to trial, which might deter seizures of large sums in situations where the evidence is weak.

September 11, 2014

Roger Goodell’s dilemma

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:52

USA Today‘s Tom Pelissero updates the state of play in the Ray-Rice-is-a-terrible-human-being case:

The NFL has hired former FBI director Robert S. Mueller III to investigate the league’s pursuit and handling of evidence in the Ray Rice domestic violence case after a report Wednesday that a league executive received videotape evidence five months before it became public.

New York Giants owner John Mara and Pittsburgh Steelers owner Art Rooney will oversee the investigation, and the final report will be made public, according to league’s statement, which noted Commissioner Roger Goodell has pledged the full cooperation of NFL personnel and access to all league records.

The announcement came hours after the Associated Press published a report citing an unnamed law enforcement official who said he sent a tape of Rice punching his then-fiancée to an NFL executive long before the video surfaced on TMZ.com on Monday, leading to Rice’s release from the Baltimore Ravens and his indefinite suspension by the league.

The law enforcement official — speaking to the AP on condition of anonymity because of the ongoing investigation — also played the AP a 12-second voicemail from an NFL office number on April 9 confirming the video arrived. A female voice expresses thanks and says: “You’re right. It’s terrible.”

The NFL commissioner may have thought he’d put the Ray Rice issue behind him after the elevator video was released to the public, but now it’s being alleged that the league actually did get a copy of the video before Goodell suspended Rice for a token two-game stretch. Ace thinks this might have been Goodell’s reasoning for doing as he did:

Could that be Goodell’s spin? “I knew about it, but I had to protect a source”?

Although this spin won’t save Goodell, part of his thinking might have been this:

1. This punch is atrocious, a potentially lethal full-on boxer’s knockout punch.

2. However, the evidence of this is currently being withheld from the public by law.

3. Even though I know about this tape, I cannot use it as the basis for my decision, as it is in my hands illegally.

4. Further, I could not explain to the public, nor to the NFL Player’s union, the reasons for a severe punishment, because they would cry foul and cry “PC over-punishment!” unless they see this horror in real time, which I have seen, but they have not, and maybe never will.

I don’t know if that’s what they were thinking (assuming Goodell saw it, and frankly, I don’t know how he could not have seen it — This is his job; punishing a player for an infraction is not something you delegate to the branch office in Cincinnati like Lois Lerner did (wink, wink)), and I doubt this would cut much ice even it it were.

Even if Goodell didn’t think he could suspend Rice indefinitely absent the public unveiling of the tape — Two Game Suspension? When another guy just got a four game suspension for some minor substance abuse rap?

September 10, 2014

Katie Nolan – Why boycotting the NFL because of Ray Rice is not the answer

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:07

I haven’t watched the latest video of Ray Rice being an embarrassment to humankind, nor do I intend to. I think the NFL has made major errors in how they’ve handled the whole situation, and I don’t think it’s over yet, even with Rice out of football (because Rice is certainly not the only offender … he’s just the one we know the most about right now). Katie Nolan offers her insight into why the NFL still doesn’t understand how seriously they’ve fumbled this issue:

Update: USA Today‘s Christine Brennan reports on why the NFL did not act more strongly to the first video.

NFL Commissioner Roger Goodell said he never saw the elevator video of Ray Rice striking his then-fiancee until Monday morning, but when he did, he found it “sickening,” he told USA TODAY Sports in a telephone interview Tuesday evening.

He also said that Rice and his representatives told him a different story about what happened in the Atlantic City elevator than what he saw on the video. While he would not reveal those details, he called them “ambiguous.”

“There was no ambiguity when you saw that tape (Monday),” he said. “It was sickening. It was appalling. It was clear that it was not consistent with what they presented to us in the hearing and we needed to take the right step which is to indefinitely suspend him.”

Goodell said he and his staff saw the first video in February, the one in which Rice is seen dragging Janay Palmer’s listless body out of the elevator. They “suspected” there was another, and tried to obtain it.

“We asked for it on multiple occasions,” Goodell said. “We asked law enforcement and they were not willing to provide it. I think they were under some legal requirements not to provide it, as I understand it.”

A spokesman for the New Jersey state attorney general addressed on Tuesday the issue of why the video was not released to the NFL.

“It’s grand jury material. It would have been improper — in fact, illegal — for the Atlantic County Prosecutor’s Office to provide it to an outside/private/non law-enforcement entity,” Paul Loriquet said, according to ABC News.

September 5, 2014

Casting blame over Rotherham

At Samizdata, Perry de Havilland unflinchingly points the finger of blame:

The English ‘fascist‘ movement is a bit like a bowel movement, smelly but easily disposed of. In truth they are so trivial in terms of their support or intellectual influence that I cannot escape the notion they get as much publicity as they do primarily to keep them as a boogieman to be pointed at by their equally irrelevant confrères on the loony left.

The Rotherham scandal is not about comically half witted and pleasingly unphotogenic fascists (sorry Ed Temple). It is not about Islam or Pakistanis (sorry BNP, EDL et al.). It is not even about immigration (sorry UKIP). It is entirely about how the political culture pushed unfailingly by the BBC and Guardian (and the increasingly indistinguishable Telegraph and other formerly ‘Tory’ papers) for decades has so completely enervated British institutions along with all the mainstream political parties, that such thugs could not be dealt with. We do not need more laws, we have more than enough to deal with what happened. What we need is the preposterous culture of political correctness and its obsession with race to be flushed down the toilet.

So my caring sharing multicultural leftie chums… Rotherham? That is entirely down to you. Yes, YOU

September 4, 2014

How post-Prohibition restrictions still plague many states

Filed under: Law, USA — Tags: , , , , — Nicholas @ 17:07

The American craft beer boom continues, but making the beer is only the start of the process of getting the beer into the hands of eager consumers. CEI’s Michelle Minton explains how rules crafted for the end of Prohibition now artificially restrict the craft beer marketplace, reduce consumer choice, and add unearned profits to favoured corporations:

After Prohibition ended, Americans could sell, produce, import, and transport alcoholic beverages, but home-brewing was still illegal until 1978 when then President Jimmy Carter signed legislation to legalize brewing in the home for personal or family use. In that year, the number of breweries was at its lowest point after the repeal of Prohibition. But in the 1980s, after states began to legalize brewpubs, the number of brewers began to rise. This development, along with easy access to capital in the 1990s and 2000s, aided efforts of modern craft breweries to change the laws in their home states so that they could brew more, self-distribute, and start the microbrew revolution.

[…]

Another hindrance for craft brewers are franchise laws, enacted among the states in the 1970s and 80s due to fears of brewers’ market power. With less than 50 brewers in the nation at the time — most of them large — there was a fear the big brewers could hold wholesalers hostage by threatening to walk away unless distributors bowed to the brewers’ demands. Since then, however, the landscape has completely shifted.

Although the number of wholesalers nationwide has declined, those remaining are larger and more powerful than almost all of the breweries in the nation. Yet, the laws remain, giving the wholesalers “virtual carte blanche to decide how the beer is sold and placed in stores and bars,” according to Brooklyn Brewery founder Steve Hindy.

In almost every other industry, a manufacturer unhappy with a distributor’s performance or price can terminate a contract in search of a better fit. This is not the case for beer manufacturers. Brewers wishing to switch from one distributor to another must go through long and costly legal battles. Hindy, for example, paid $300,000 to get out of a contract with a New York wholesaler. Yuengling COO Dave Casinelli’s experience was similar. In a phone interview, he noted that in his 24 years with the company, he couldn’t recall any attempt to switch wholesalers that didn’t end up with some legal ramifications.

Most state franchise laws not only make leaving a wholesaler hard, but they also create regional monopolies, known as “exclusive territories,” where a brewer is prohibited from selling through more than one distributor within a given area. This undermines incentives for wholesalers to compete by improving performance, increasing efficiency, or lowering prices. After all, distributors have little or no fear that a brewer will leave — because most of them can’t. As for consumers, they end up paying more because of this lack of competition.

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