Quotulatiousness

May 9, 2014

The 1964 trial of Jack Ruby

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

The Toronto Sun shares a portion of Peter Worthington’s Looking for Trouble (now available as an e-book) dealing with the trial of Jack Ruby. Worthington had been in the room when Ruby gunned down Lee Harvey Oswald.

The Ruby trial was pure showbiz. While the witnesses and characters who surfaced during the trial were Damon Runyon, the judge and lawyers seemed straight out of Al Capp and Dogpatch. Judge Joe B. Brown’s legal education before he was elected to the bench consisted of three years of night school 35 years earlier. In Dallas he was known as Necessity – “because Necessity knows no law.”

[…]

One day as a stripper who worked at Ruby’s nightclub called Little Lynn (who was over nine months pregnant at the time), was waiting to testify, seven prisoners in the connecting county jail grabbed a woman hostage and fled. They had fashioned a pistol of soap, pencils and shoe polish, persuaded guards that it was real, and made their break, witnessed by some 100 million viewers.

Little Lynn fainted and Belli prepared to play midwife. A BBC reporter on the phone to his office was describing the action and repeatedly swore to his editors that he was neither kidding, nor had he been drinking. “Listen, you bloody fools, this is America, this is Texas … any bloody insane thing is possible here!”

The next day, the New York Daily News ran an eloquent black headline: “Oh, Dallas!”

The jury returned in 140 minutes with a guilty verdict. In Texas, where the juries set the penalty, they opted for the electric chair.

Belli returned to San Francisco in disgust. “I shall never return here; it’s an evil, bigoted, rotten, stinking town.”

As it happened, Ruby died three years later and won a form of immortality and a place in criminal and political legend.

And as for conspiracy theories, the flaw is that Oswald was an ideologue, a semi-literate left-wing extremist, while Ruby wouldn’t know what an ideologue was unless he did a strip-tease for him.

To choose two such perfect foils on which to base a presidential murder plot challenges credulity. There has been so much official deceit, perjury, rationalization and cover-up that the deeds seem […] more sinister than they actually have been.

We will probably never know the truth.

May 8, 2014

Weighty injustice

Filed under: Law, USA — Tags: , , — Nicholas @ 08:30

Scott Greenfield discusses something most of us have never given any though to:

In a New York Times op-ed. former AUSA turned Minnesota lawprof Mark Osler did a mitzvah by explaining the game played in drug sentencing. After noting some of the problems recently raised about mandatory minimums, the pardon game and absurdly long Guidelines sentences, he goes on:

    Unfortunately, none of this addresses a very basic underlying problem: We continue to use the weight of narcotics as a proxy for the culpability of an individual defendant, despite this policy’s utter failure. If a kingpin imports 15 kilograms of cocaine into the country and pays a trucker $400 to carry it, they both face the same potential sentence. That’s because the laws peg minimum and maximum sentences to the weight of the drugs at issue rather than to the actual role and responsibility of the defendant. It’s a lousy system, and one that has produced unjust sentences for too many low-level offenders, created racial disparities and crowded our prisons.

[…]

But when a person is prosecuted based upon an arbitrary distinction, that he carried a certain number of grams of dope (because we can all distinguish between the weight of 7 grams and 8, right?) it should reflect a significant difference in crime and sentence.

[Radley Balko] goes on to discuss a related, but separate, issue, that drug weight is aggregate rather than pure. In other words, ten kilos of cocaine can contain 9 kilos of baby laxative, cut as it’s called in the trade, and only one of active narcotic, but it’s still ten kilos for the purpose of charging and sentence. This is a policy decision, that the purity of the drug is not considered, even though it tells a great deal about where the defendant is on the food chain of drugs. The higher the purity, the higher on the food chain, as drugs get “stepped on,” or diluted, at each level down the chain.

This applies even with less applicable concepts, such as marijuana, where the weight of stalks and stems of seized marijuana plants can be included in aggregate weight even though they are useless as drugs. The message is, you pay by the pound, regardless. It simplified the police and prosecutorial function, even as it undermines any doctrinal justification for the charge and sentence.

May 6, 2014

The hidden epidemic of rape on campus

Filed under: Law, Politics, USA — Tags: , , , — Nicholas @ 07:34

I recently saw a claim that nearly one in five US women attending university are subject to rape or sexual assault during their academic careers. If the situation is that dangerous, why haven’t the universities and campus police done something to crack down on this crime wave? That’s because it’s not actually true: only by merging a whole range of unwelcome or unwanted contacts (or even post facto “regrets”) in with genuine criminal activity do we get to a number close to 20% of the female student population. This is not in any way to minimize the seriousness of actual rape, but conflating everything from “microaggressions” through sexual harassment all the way to sexual assault in the same category is a terrible way to help those who are the actual victims of crime. In Time, Cathy Young discusses the recent White House report on campus sexual assault:

The administration’s effort, which made headlines last week with a report by the White House task force on campus sexual assault and new Department of Education guidelines, has an indisputably noble goal. Unfortunately, it is marred by flaws, including alarmist statistics, fuzzy definitions and a polarizing ideology of presumed guilt.

One of the foundations of this crusade is the staggering claim that one in five female students are sexually assaulted while in college. This figure comes from the 2005-2007 Campus Sexual Assault Study [PDF], which, as Washington Post Fact Checker Glenn Kessler has noted, was conducted at just two schools, with a fairly low response rate. Moreover, the survey’s data for “drug- and/or alcohol-enabled sexual assault” (about 70% of the incidents in the study) lump together unconsciousness or incapacitation with intoxication that may cloud one’s judgment and affect consent. Notably, despite widespread sexual assault awareness programs, two-thirds of the college women whom the study counted as victims of drug- or alcohol-enabled rape did not think they were raped, and few felt they had suffered psychological harm.

University of Michigan economist Mark Perry also points out that, if you take police records from university campuses and factor in the White House estimate that only about 12% of campus sexual offenses are reported, you don’t get anywhere near a one-in-five victimization rate over the course of a woman’s college attendance — more like 1 in 20 or 1 in 30.

May 5, 2014

“[M]ost Canadian law societies report members to police. The [LSUC] does not.”

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 08:17

The Toronto Star‘s Kenyon Wallace, Rachel Mendleson and Dale Brazao investigate the Law Society of Upper Canada (LSUC) and find it does not report members for criminal activity to the police:

They treat client trust accounts as their personal piggy banks, facilitate multi-million-dollar frauds and drain retirement savings of the elderly.

While most lawyers caught stealing from their clients are reprimanded, suspended or disbarred by the profession’s regulator, the vast majority avoid criminal charges, a Star investigation reveals.

The Star found that more than 230 lawyers sanctioned for criminal-like activity by the Law Society of Upper Canada in the last decade, stole, defrauded or diverted some $61 million held in trust funds for clients.

Fewer than one in five were charged criminally. Most avoided jail.

“I truly believe there are two laws — a set of rules and regulations for lawyers and a different set for everyone else,” said Richard Bikowski, who was fleeced out of $87,500 by now-disbarred Toronto lawyer Lawrence Burns.

Unlike the law societies in most other provinces, the Law Society of Upper Canada does not, as a rule, report suspected criminal acts by its members to police, no matter how much money lawyers steal.

[…]

Of the more than 1,000 discipline decisions made by the law society in the last 10 years, the Star identified 236 cases in which lawyers were sanctioned for offences that were characterized by our analysis as criminal, including theft, fraud, breach of trust, forgery and perjury.

The Star could find criminal charges for only 41 of these lawyers. In more than half of cases where criminal charges were laid, the law society sanction came after. Of those bad lawyers sentenced criminally, the punishments were generally lenient, ranging from house arrest to community service. The Star found that only 12 went to jail.

Why do so many lawyers who steal from their clients avoid criminal justice?

A big reason is that the law society in practice does not report alleged criminal offences by its members to police.

The Constitution-free zone near the US border

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 07:48

A recent decision by a federal appeal court expands the already very broad opportunities for police and border agents to stop and search travellers near the US border:

A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.

To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, “Although the factors, in isolation, may be consistent with innocent travel … taken together they may amount to reasonable suspicion.”

In other words, the police can now stop you for no reason at all. Law enforcement just needs to add a sinister context to your behavior, and off you go to jail. The court endorsed this expansion of aggressive police behavior in USA v. Cindy Lee Westhoven, No. 13-2065.

[…]

Incredibly the court found that this scenario created a reasonable suspicion for an “investigative stop.” By inserting a context that would make every driver guilty, the court upheld this belligerent law enforcement:

The officer said he spotted the car because “her arms were ‘straight and locked out’ at a ‘ten-and-two position on the steering wheel,’ — as everyone is taught in driver’s ed in high school. He was also suspicious because the road was used primarily by locals in New Mexico, and Westhoven had Arizona plates. She had acne scarring, “indicating to him she might be a methamphetamine user.” He also thought the shopping was better in Tucson than Douglas, so this was also “suspicious.”

“The dark tinted windows on Ms. Westhoven’s truck raised Agent Semmerling’s suspicion that she might be concealing something or someone in the back of her truck,” the court added.

The time happened to be between a 6-to-8 p.m. border patrol shift change, and the cop inferred that Westhoven was a smuggler trying to exploit that two-hour window. Westhoven was nervous, taking long pauses and shaking — which apparently signaled criminality.

The final nail for Westhoven was that she had two cell phones visible in the car. The cop said this was a common practice for drug smugglers. It is also common for people who have a business phone and a personal phone.

April 29, 2014

Allowing freedom of speech also means allowing hate speech

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 09:24

Greg Lukianoff explains why free speech is so important and why attempts to restrict “hate speech” are toxic to the long term health of a culture or society:

Last month was a bittersweet seventh birthday for Twitter. The Union of Jewish French Students sued the social-media giant for $50 million in a French court in light of anti-Semitic tweets that carried the hashtag #unbonjuif (“a good Jew”). In January, Twitter agreed to delete the tweets, but the student group now wants the identities of the users who sent the anti-Semitic messages so that they can be prosecuted under French law against hate speech. Twitter is resisting. It claims that as an American company protected by the First Amendment, it does not have to aid government efforts to control offensive speech.

Internationally, America is considered radical for protecting speech that is highly offensive. But even in the U.S., Twitter should not be surprised to discover ambivalence and even outright hostility toward its principled aversion to censorship, especially in that once great institution for the open exchange of ideas: American higher education.

“Hate speech” is constitutionally protected in the United States. But the push against “hurtful” and “blasphemous” speech (primarily speech offensive to Islam) is gaining ground throughout the world. Last fall, for example, when many thought a YouTube video that satirized Mohammed caused a spontaneous attack on our consulate in Benghazi, academics across the country rushed to chide America for its expansive protections of speech. And as someone who has spent more than a decade fighting censorship on American college campuses, I run into antagonism toward free speech on a regular basis, most recently last month, when I spoke at Columbia Law School. After my speech, law professor Frederick Schauer criticized his American colleagues for not being more skeptical about the principle of free speech itself.

[…]

No doubt the open, anarchical, epistemological system that was celebrated in the Enlightenment — which Jonathan Rauch dubbed “liberal science” in his classic work on the value of freedom of speech, Kindly Inquisitors — has resulted in a flowering of creative and scientific thought. It has helped reveal what we consider to be objective facts (e.g., the Earth is an oblate spheroid; gravity is a fundamental force). But the free exchange of ideas benefits society not only by unearthing “Big T” truths; more importantly, it continually exposes mundane yet important pieces of information about the world. I will call this “Little t” truth. “Little t” truths include: who disagrees about what and why, what people feel about a particular issue, what events the newspapers think are important to report. The fact that Argo is a movie is truth, whether or not it represents an accurate view of history, as is the fact that some topics of discussion interest no one, while others are radioactive.

Twitter provides a powerful way to view the world. Never before have human beings been able to check the global zeitgeist with such immediacy and on such a massive scale. Its primary service is not to dispense the Platonic ideal of Truth (“the form of beauty = x”), but rather to provide unparalleled access to the peculiar thoughts, ideas, misconceptions, genuine wisdom, fetishes, fads, jokes, obsessions, and problems of a vast sea of people from different cultures, classes, countries, and backgrounds.

In order to be an effective mirror to global society, Twitter thinks of itself primarily as a platform and does its best to get out of the way. Therefore, we know things we simply would not know otherwise — from the trivial to the serious. The people who want to scour mass media and cleanse it of all hateful or hurtful opinions miss that their purge would deny us important knowledge. Simply put, it is far better to know that there are bigots among us than to pretend all is well. As Harvey Silverglate, co-founder of FIRE (the Foundation for Individual Rights in Education, where I serve as president), likes to say, he supports free speech because he thinks it’s important that he know if there’s an anti-Semite in the room so he can make sure not to turn his back to that person.

International pedophile rings – “a Bilderberg of diaper snipers”

For some reason, every decade or so a new moral panic sweeps the land (in this case, it’s showing up in multiple Western countries). Everyone gets their collective knickers in a twist over some horrible outrage which requires, nay, demands that something must be done. The panic de jour is organized gangs of pedophiles (it’s been the panic de jour several times in the last forty years). Kathy Shaidle looks at the most recent eruption of out-of-control morality:

One particularly distasteful breed of conspiracy theory that stubbornly refuses to die, however, is that which posits the existence of local, national, or even international pedophile rings.

Does pedophilia exist? Sure. However, it doesn’t follow that perverts have semiorganized themselves into some kind of parody of Freemasonry, a Bilderberg of diaper snipers.

For whatever reason — a quirk of the collective unconscious; individual shame and guilt; profound resentment of the ruling elite — the modern mind wants to believe in these vast pederast conspiracies, even though, again and again, investigations into their existence come up embarrassingly empty.

Yes, we can argue that this is because “the authorities” are members of the ring, too, but lots of “authorities” were in on Mafia and KKK malfeasance; this made prosecution difficult, but certainly not impossible. There are museums packed with primary source evidence of the Klan’s existence, and the Mob’s; contrast that with this utterly bizarre example of what can only be described as anti-journalism that appeared in the UK’s Islington Tribune earlier this month:

    Despite recognition that a huge paedophile ring preyed on Islington children’s homes in the 1970s and 1980s no one has ever been prosecuted and all the records of the homes and the names of the children who went to them have been “lost.”

Behold: After the longest and most expensive trial in American history, all charges were dropped in the McMartin Preschool child abuse case, during which an archeologist testified to the existence of “secret tunnels” on the school’s grounds, and children claimed they’d been raped at orgies at car washes.

Here in Canada, a $53 million inquiry failed to uncover a widely rumored pedophile ring in Cornwall, Ontario. (The Ontario Provincial Police had already reached the same conclusion eight years earlier.) At the end of the day — or, rather, the decade and counting — only one individual was ever convicted of any crime.

Theodore Dalrymple observed a decade ago that the people most likely to express outrage about pedophiles are actually those whose own kids tend to be neglected:

On no subject is the British public more fickle and more prone to attacks of intense but shallow emotion than childhood. Not long ago, for example, a pediatrician’s house in South Wales was attacked by a mob unable to distinguish a pediatrician from a pedophile. The attackers, of course, came from precisely the social milieu in which every kind of child abuse and neglect flourishes, in which the age of consent has been de facto abolished, and in which adults are afraid of their own offspring once they reach the age of violence. The upbringing of children in much of Britain is a witches’ brew of sentimentality, brutality, and neglect, in which overindulgence in the latest fashions, toys, or clothes, and a television in the bedroom are regarded as the highest — indeed only — manifestations of tender concern for a child’s welfare.

An earlier example happened in my home town in the late 1980s, although fortunately for Middlesbrough’s reputation the name of the county was the usual label for the moral panic: the Cleveland child abuse scandal.

The Cleveland child abuse scandal occurred in Cleveland, England in 1987, where 121 cases of suspected child sexual abuse were diagnosed by Dr Marietta Higgs and Dr Geoffrey Wyatt, paediatricians at a Middlesbrough hospital (in the now abolished county of Cleveland). The children were subject to place of safety orders, and some were removed from their parents’ care permanently. While in foster care, the children continued to be regularly examined by Dr. Higgs who subsequently accused foster parents of further abuse leading to them too being arrested.

After a number of court trials, cases involving 96 of the 121 children alleged to be victims of sexual abuse were dismissed by the courts, and 26 cases, involving children from twelve families, were found by judges to have been incorrectly diagnosed.

Despite the judicial results, the bureaucrats believed (and apparently still do believe) that the sexual abuse of all those children really did occur and that even that large number was less than a tenth of the actual problem.

April 27, 2014

The state of the US judicial system

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

In a column about Mark Steyn’s legal battles with Michael Mann, Conrad Black takes time out to revisit the overall state of the US court system:

… American justice is in a shocking condition. Too many judges in the U.S. are elected; too many are ex-prosecutors; the battle over capital punishment has taken all the air out of the room in which the infamous severity of American sentences and the unspeakable lopsidedness of prosecutorial success should be debated. This is a country that inspired the world with a vision of freedom and democracy (though Great Britain, Switzerland, much of the Netherlands, and Scandinavia were just as democratic at the time of the American Revolution). Yet the entire legal apparatus has sat like a gigantic suet pudding and the Supreme Court, in between its four-month vacations, has drunk the Kool-Aid of its own bathwater. The Fifth, Sixth, and Eighth Amendment guaranties of due process, just compensation for seizure of property, grand jury deliberations as assurance against capricious prosecution, prompt justice, access to counsel (of choice), impartial jury, and reasonable bail have been put to the shredder. The United States has six to twelve times the number of incarcerated people per capita as Australia, Canada, France, Germany, Japan, and the United Kingdom, the nearest comparable countries. Even after removing from the totals all those with unstigmatizing records irrelevant to their hireability today (DUI or disorderly conduct decades ago, for example), about 15 percent of adult males are felons.

Prosecutors win 99.5 percent of their cases, 97 percent of them without trial, because of the plea bargain system, which has often been reduced to a sleazy extortion or subornation of confected and rehearsed inculpatory testimony in exchange for immunities, including from the perjury sponsored and approved by the prosecutors. This is far from what was intended by the authors of the Bill of Rights and the original propagators of the tenuous theory that American independence was a new order of the ages and the dawn of government of, by, and for the people, vested with inalienable rights, according to self-evident truths.

Beyond all that, the American legal profession is a suffocating cartel that saps 10 percent of American GDP and through its members in legislatures and regulatory authorities adds 4,000 statutes and regulations a year to the law books, steadily tightening its strangulation of American life, all and always in the name of a society of laws and the ever more equitable refinement of civilization. It would have been impossible and unreasonable to anticipate that so perceptive and spontaneous and fearless an observer as Steyn would not steadily broaden his range of fire, as he has. At one point Steyn began filing motions on his own behalf—the best written court documents you may ever read—that drip with disdain for the judicial process. He quotes Lady MacBeth and describes various pieces of the case using phrases such as “multi-car pileup,” “zombie-like,” “Potemkin hearing” and “meretricious folderol.” It would have been equally unreasonable not to foresee that the authorities upon whom his withering fire descended would not resent this deserved if unaccustomed hostility, and whatever one may think of Mann, he cannot be faulted tactically for trying to tuck himself under the wing of an affronted legal establishment. That does not justify Mann’s infliction of the hockey stick upon the world (like the great Montreal Canadiens point-man Bernard “Boom Boom” Geoffrion lowering — with considerable but probably not sufficient provocation — the real article onto the cranium of a New York Ranger forward sixty years ago) any more than it whitewashes Mann’s own insults. He has dismissed the immensely respected Danish scientist and intellectual Bjorn Lomborg as “a career fossil fuel industry apologist”; Judith Curry, co-editor of the Encyclopedia of Atmospheric Sciences and an honored member of the National Research Council’s climate research committee, as a “serial climate disinformer”; Australian journalist Andrew Bolt as a “villainous” threat to the planet who is paid by Rupert Murdoch “to lie to the public” (Mann apologized for this one after Bolt—in solidarity with Steyn—threatened a lawsuit); and the rest of us as mere “climate change deniers.”

April 26, 2014

Condo conflicts

Filed under: Bureaucracy, Cancon, Law, Politics — Tags: — Nicholas @ 09:15

In Maclean’s, Tamsin McMahon describes some of the unexpected down-sides for condo dwellers:

As thousands of homebuyers flock to condos for the promise of affordable home ownership and carefree living, they’re learning that life in a condominium is far different from the suburban houses where so many of us were raised.

Never mind that owning a condo usually means sharing your walls, floors and ceilings with your neighbours. Canadian condos are rife with internal politics, neighbour infighting and power struggles stemming from the complicated network of condo boards, owners, investors, tenants and property managers.

In some buildings, the rule book governing what owners can and can’t do with their property can span 70 pages. Disputes over issues such as pets, squeaky floors and visitor parking spots are escalating into epic and costly court battles. “They are little fiefdoms,” says Don Campbell, senior analyst with the Real Estate Investment Network, who owns several condos in B.C. “Each one has a king. Many of the people who get elected to the boards have time on their hands, and this is the only place in their world where they have power. Unfortunately, that starts to go to their heads.”

[…]

As a legal entity, the condominium (sometimes called “strata”) has existed in Canada for more than 40 years, ever since a boom in high-rise construction and innovations in property law essentially allowed developers to privatize the air space above the ground and carve it into small blocks that could be sold for profit. Many of the original condos were designed to encourage low-income Canadians living in rental housing in big cities to embrace home ownership, while the middle class continued its inexorable march to the suburbs. The condo boom of the past decade has, however, been marked by a renewed interest in urban living, driven by increasing numbers of Canadians who want to live closer to where they work, along with a cultural and environmental backlash against suburban sprawl, with its commuter traffic and car-induced smog. The rising number of people putting off marriage and children, as well as seniors living longer, has also helped fuel demand for smaller homes.

To understand how quickly we’ve shifted from detached homes to condominiums, consider that condos made up less than 10 per cent of all homes built in our 10 largest cities before 1981, but more than a third of those built in the last decade — around 413,000 out of roughly 1.2 million new homes. While the majority of those are clustered in the big cities — Toronto, Montreal and Vancouver — condominiums are going up everywhere from St. John’s to Regina to Victoria. Cities as different as Guelph, Ont., and Whitehorse are now building more condos than single-detached houses. More than 1.6 million Canadian households, or 12 per cent, now live in condos. Despite the focus on the investor market, close to 70 per cent of the people living in condos are owners, not renters.

The shift toward condo living is both more recent and more profound in Canada than it has been south of the border. The U.S. National Association of Realtors estimates that, last year, 77 per cent of first-time buyers in the U.S. purchased detached homes, compared to just 53 per cent of Canadians. Meanwhile, 17 per cent of Canadian buyers say they intend to purchase condos this year, compared to just seven per cent of American buyers. We can thank our red-hot housing market for the difference: The average Canadian house price last month was $406,372, compared to a median of US$189,000 in the U.S. (The average price of a condo in Canada was $312,800 in February, compared to US$187,900 in the U.S.) Skyrocketing house prices are forcing more first-time buyers into condos in order to get a foothold in the housing market. Some aren’t prepared for the life they encounter there.

April 23, 2014

Happy Meal toys as human rights violations

Filed under: Business, Food, Law, USA — Tags: , , , , , — Nicholas @ 09:16

Amy Otto on the attempt to sue McDonald’s because they were handing out “gendered” toys with their Happy Meals:

A recent article in Slate by Antonia Ayres-Brown, a junior in high school, details the valiant feminist struggle she ultimately brought to the Connecticut Commission on Human Rights and Opportunities against McDonald’s for … discriminating on the basis of sex in the distribution of Happy Meal toys. “Despite our evidence showing that, in our test, McDonald’s employees described the toys in gendered terms more than 79 percent of the time, the commission dismissed our allegations as ‘absurd’ and solely for the purposes of ‘titilation [sic] and sociological experimentation,’” she wrote.

Let’s leave aside the fact that Connecticut has a Commission on Human Rights and note that this girl sincerely believes McDonald’s offering toys described, at times, as being for a girl or for a boy is a human rights violation.

While I admire the girl’s plucky disposition and effort, I do hope one day she learns to channel her energy into productive uses that will advance her cause in positive ways. This could have all been solved by her parents simply encouraging her to ask for the toy she wants. If girls are continually taught that they as individuals have no power to negotiate a situation as simple as “I’d like that toy” without the Connecticut Commission on Human Rights getting involved, I submit that these women are proving the case that they should not be put in positions of leadership or power.

By the author’s own admission,“McDonald’s is estimated to sell more than 1 billion Happy Meals each year.” Yet it does not occur to her that the fast food worker giving a “girl’s” toy to a girl is simply trying to give the customer what she wants in the most expeditious manner possible. This is a company that sells a billion of these things a year and gets them in the hands of their customers as fast as possible.

People do not eat at McDonald’s to get into a gender studies discussion with the teenage kid at the register; they go there to get food fast, hence the term “fast food.” If the author had worked in fast food for any nominal period of time, she might realize that the employee’s main motivation is not to spend any time persecuting women but to make it through his or her shift as painlessly as possible.

Secret laws and democracy

Filed under: Law, USA — Tags: , , , , — Nicholas @ 08:24

In The Atlantic, Conor Friedersdorf says that a new court ruling may actually force President Obama to disclose the secret law under which he ordered the killing of at least one American citizen:

The Obama Administration has fought for years to hide its legal rationale for killing an American citizen, Anwar al-Awlaki, after putting him on a secret kill list. Citizens have an interest in knowing whether the White House follows the law, especially when the stakes are as high as ending a life without due process. President Obama has fought to ensure his legal reasoning would never be revealed, a precedent that would help future presidents to kill without accountability.

His shortsightedness is breathtaking.

Last year, U.S. District Court Judge Colleen McMahon expressed frustration that, according to her legal analysis, the Freedom of Information Act couldn’t force a disclosure. “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws,” she wrote, “while keeping the reasons for their conclusions a secret.”

Americans ought to have been alarmed that, according to a federal judge, we’re living in an “Alice in Wonderland” reality where leaders use the law to put themselves beyond the law. But no one paid much attention as The New York Times and the ACLU appealed the decision. On Monday, they won an important victory:

    A federal appeals panel in Manhattan ordered the release… of key portions of a classified Justice Department memorandum that provided the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki, who intelligence officials contend had joined Al Qaeda and died in a 2011 drone strike in Yemen.

    The unanimous three-judge panel, reversing a lower court decision, said the government had waived its right to keep the analysis secret in light of numerous public statements by administration officials and the Justice Department’s release of a “white paper” offering a detailed analysis of why targeted killings were legal.

April 19, 2014

Transaction costs, takedown notices, and the DMCA

Filed under: Economics, Law, Media — Tags: , , , , — Nicholas @ 09:59

Mike Masnick reports on an inadvertent natural experiment that just came to light:

We’ve written a few times in the past about research done by Paul Heald on copyright and its impact on the availability of certain content. He’s recently published an interesting new study on how the DMCA’s notice-and-takedown regime facilitates making content available by decreasing transaction costs among parties. As we’ve discussed at length, the entertainment industry’s main focus in the next round of copyright reform is to wipe out the notice-and-takedown provisions of the DMCA. The legacy recording and movie industries want everyone else to act as copyright cops, and hate the idea that notice-and-takedown puts the initial burden on themselves as copyright holders.

However, Heald’s research looks at music on YouTube and concludes that the notice-and-takedown system has actually enabled much greater authorized availability of music, by reducing transaction costs. The idea is pretty straightforward. Without a notice-and-takedown provision, someone who wants to post music to YouTube needs to go out and seek a license. Of course, getting permission from all the various rightsholders is frequently impossible. The transaction costs of getting permission make it such that it’s way too high. Yet, with notice-and-takedown, the person can upload the content without permission, and then the copyright holder is given the option of what to do with it. On YouTube, that includes the option of monetizing it, thus “authorizing” the use. That creates a natural experiment for Heald to explore, in which he can see how much content is “authorized” thanks to such a setup. And the result, not surprisingly, is that this system has enabled much greater authorized (and monetized) access to music than an alternative, high transaction cost system, under which uploaders must first seek out permission to upload everything.

April 17, 2014

Think carefully before clicking “Like” for a branded product

Filed under: Business, Food, Law, USA — Tags: , , — Nicholas @ 08:58

Did you know that if you’ve “Liked” a product’s page on Facebook, you may have given up your right to sue the company?

Might downloading a 50-cent coupon for Cheerios cost you legal rights?

General Mills, the maker of cereals like Cheerios and Chex as well as brands like Bisquick and Betty Crocker, has quietly added language to its website to alert consumers that they give up their right to sue the company if they download coupons, “join” it in online communities like Facebook, enter a company-sponsored sweepstakes or contest or interact with it in a variety of other ways.

Instead, anyone who has received anything that could be construed as a benefit and who then has a dispute with the company over its products will have to use informal negotiation via email or go through arbitration to seek relief, according to the new terms posted on its site.

In language added on Tuesday after The New York Times contacted it about the changes, General Mills seemed to go even further, suggesting that buying its products would bind consumers to those terms.

“We’ve updated our Privacy Policy,” the company wrote in a thin, gray bar across the top of its home page. “Please note we also have new Legal Terms which require all disputes related to the purchase or use of any General Mills product or service to be resolved through binding arbitration.”

The change in legal terms, which occurred shortly after a judge refused to dismiss a case brought against the company by consumers in California, made General Mills one of the first, if not the first, major food companies to seek to impose what legal experts call “forced arbitration” on consumers.

Online illegal drug sales persist because they’re safer than other channels

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 07:34

At the Adam Smith Institute blog, Daniel Pryor discusses the reasons for “Silk Road” continuing despite police crackdowns:

Growing up in Essex has made me appreciate why purchasing illegal drugs online is a far more attractive option. I have experienced the catastrophic effects of drug prohibition first-hand, and it is part of the reason that the issue means a great deal to me. Friends and acquaintances have had terrible experiences due to contamination from unscrupulous dealers with little incentive to raise their drugs’ quality, and every reason to lace their products with harmful additives. The violence associated with buying and selling drugs in person has affected the lives of people close to me.

As a current university student, I now live in an environment populated by many people who use Silk Road regularly, and for a variety of purchases. From prescription-only ‘study drugs’ like modafinil to recreational marijuana and cocaine, fellow students’ experiences with drugs ordered from Silk Road have reinforced my beliefs in the benefits of legalisation. They have no need to worry about aggressive dealers and are more likely to receive safer drugs: meaning chances of an overdose and other health risks are substantially reduced.

Their motivations for using Silk Road rather than street dealers correlate with the Global Drug Survey’s findings. Over 60% of participants cited the quality of Silk Road’s drugs as being a reason for ordering, whilst a significant proportion also used the site as a way to avoid the potential violence of purchasing from the street. Given that payments are made in the highly volatile Bitcoin, it was also surprising to learn that lower prices were a motivation for more than a third of respondents.

Nevada standoff and the rule of law

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:25

I haven’t been following the situation in Nevada between the armed forces of the Bureau of Land Management and the armed citizenry in support of rancher Cliven Bundy, but while my sympathies normally go toward the individual rather than the state, this case doesn’t appear to be clear-cut (and Bundy is clearly in violation of the law to some degree). Kevin Williamson seems to be in the same general state of mind:

Deserts always feel like my natural habitat, and I am very fond of them. That being said, I have, for my sins, spent a fair amount of time in Clark County, Nev., and it is not the loveliest stretch of desert in these United States, or even in the top twelve. Protecting the pristine beauty of the sun-baked and dust-caked outskirts of Las Vegas and its charismatic fauna from grazing cattle — which the Bureau of Land Management seems to regard as an Old Testament plague — seems to me to be something less than a critical national priority. At the same time, the federal government’s fundamental responsibility, which is defending the physical security of the country, is handled with remarkable nonchalance: Millions upon millions upon millions of people have crossed our borders illegally and continue to reside within them. Cliven Bundy’s cattle are treated as trespassers, and federal agents have been dispatched to rectify that trespass; at the same time, millions of illegal aliens present within our borders are treated as an inevitability that must be accommodated. In practice, our national borders are a joke, but the borders of that arid haven upon which ambles the merry Mojave desert tortoise are sacrosanct.

[…]

The relevant facts are these: 1) Very powerful political interests in Washington insist upon the scrupulous enforcement of environmental laws, and if that diminishes the interests of private property owners, so much the better, in their view. 2) Very powerful political interests in Washington do not wish to see the scrupulous enforcement of immigration laws, and if that undercuts the bottom end of the labor market or boosts Democrats’ long-term chances in Texas, so much the better, in their view.

This isn’t the rule of law. This is the rule of narrow, parochial, self-interested political factions masquerading as the rule of law.

If we are to have the rule of law, then, by all means, let’s have the rule of law: Shut down those federal subsidies and IRS penalties in states that did not create their own exchanges under the Affordable Care Act — the law plainly does not empower the federal government to treat federal exchanges identically to state exchanges. And let’s enforce the ACA’s deadlines with the same scrupulosity with which the IRS enforces its deadlines. Let’s see Lois Lerner and a few hundred IRS employees thrown in the hole for their misappropriation of federal resources, lying to Congress, etc. — and let’s at least look into prosecuting some elected Democrats for suborning those actions. And if you want to get to the real problem with illegal immigration, let’s frog-march a few CEOs, restaurateurs, and small-time contractors off to prison for violating our immigration laws — and they can carry a GM product-safety manager and a National Highway Traffic Safety Administration executive under each arm. Let’s talk about enumerated powers.

H/T to Jon, my former virtual landlord, for the link.

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