Quotulatiousness

May 30, 2014

“Historical” High Court judgment that ignores history

Filed under: Britain, History, Law, Religion — Tags: , , , — Nicholas @ 07:46

Last week, the High Court decided that the remains of King Richard III will be re-buried in Leicester, not in York. As you might expect, that leaves a lot of people unhappy.

When Richard III was hacked to death in rural Leicestershire in 1485, the royal House of York fell, bringing an end to the Plantagenet line that had lasted for 16 kings and 331 years. Many people see his death as the end of the English middle ages.

Despite this country’s ancient legal system, the courts do not often get to deal with real history, although they make many historic decisions. Yet the ruling of the High Court last Friday truly made history, as three judges decided that Richard III should be buried at the scene of his violent defeat, and not in York.

One side is always unhappy after a court hearing. And in this case those who sponsored York Minster may have more to be sore about than most.

The High Court acknowledged the case has “unprecedented” and “unique and exceptional features,” but nevertheless went on to give a rather bland ruling supporting Chris Grayling’s decision to leave the matter of reburial in the hands of the University of Leicester team running the excavation. In doing so, the court treated the hearing as a straightforward matter of public law, and affirmed that the government had been under no duty to consult widely before handing the responsibility over to the University of Leicester.

[…]

History and legacy mattered to medieval monarchs. Their actions, even the less obvious ones, were intended to make statements to reinforce their dynastic power. York Minster is an ancient foundation, home to the throne of the second most senior churchman in England. There has been an Archbishop of York since at least the seventh century. For Richard, a scion of the house of York, the Minster was an obvious place to fuse the sacred and secular, binding royal and church power together in one of England’s most venerable religious buildings. By contrast, Leicester Cathedral, although a lovely building with a long tradition of worship on the site, was a parish church until 1927 when it became the city’s cathedral. Although there was a church there in Richard’s day, it does not have the dynastic associations that Richard was clearly building with York.

And there’s always the religious aspect to consider (which would have been true regardless of the High Court’s decision):

And finally, the question of the liturgy is also set to run. As the old joke goes: Q. What is the difference between a terrorist and a liturgist? A. You can reason with a terrorist. Leicester cathedral has diligently teamed up with an expert medieval musicologist, who has painstakingly uncovered and proposed the finer details of prayers and music appropriate to a 15th-century reburial. However, strong feelings which go beyond the musical arrangements have been expressed in many quarters, including in an online petition, and by Dr John Ashdown-Hill, the historian who led the excavations. These views reflect a conviction that Richard should have a Roman Catholic ceremony that respects the faith in which he grew up and died, and which is honest to what his wishes would have been. Leicester Cathedral will certainly have their hands full trying to reconcile Richard’s pre-Reformation religious beliefs with the Church of England ceremonies they are permitted to conduct.

May 29, 2014

A state legislative session devoted to “unlegislating”

Filed under: Government, Law — Tags: , — Nicholas @ 07:56

Our elected officials at all levels of government spend much of their time passing new laws … to the extent that it is no longer possible for an average citizen of a state or province to know what their legal status is on any given issue — it’s been estimated that you’ll commit three felonies a day without ever knowing it. Given that, this session of the Minnesota state legislature has a huge natural attraction:

It’s no longer a crime in Minnesota to carry fruit in an illegally sized container. The state’s telegraph regulations are gone. And it’s now legal to drive a car in neutral — if you can figure out how to do it.

Those were among the 1,175 obsolete, unnecessary and incomprehensible laws that Gov. Mark Dayton and the Legislature repealed this year as part of the governor’s “unsession” initiative. His goal was to make state government work better, faster and smarter.

“I think we’re off to a very good start,” Dayton said Tuesday at a Capitol news conference.

In addition to getting rid of outdated laws, the project made taxes simpler, cut bureaucratic red tape, speeded up business permits and required state agencies to communicate in plain language.

“We got rid of all the silly laws,” said Tony Sertich, the Iron Range Resources and Rehabilitation Board commissioner who headed Dayton’s effort.

Well, not quite all of them. They kept a law on the books that requires state Agriculture Commissioner Dave Frederickson to personally capture or destroy any wild boar that gets loose in Minneapolis or St. Paul. Sertich said it’s conceivable that such a critter could wander into the cities.

It would be a good use of any legislature’s time to trim old laws from the books, but that’s not how most politicians view their job, unfortunately.

H/T to Doug Mataconis for the link.

May 24, 2014

Michael Geist – Who’s Watching Whom?

Filed under: Business, Cancon, Government, Law, Liberty — Tags: , , , , — Nicholas @ 10:08

Published on 22 May 2014

One of the most talked about technology tradeoffs today is the question of how much privacy we give up to live in a world of convenience, speed and intelligence. We’re now less anonymous than many people are aware of or comfortable with, and headline-grabbing stories like the Heartbleed Bug don’t provide much reassurance for those of us seeking comfort around data privacy. How can we balance our need for anonymity with the incredible benefits of our connected world? World class Internet privacy expert Dr. Michael Geist helps us understand which current surveillance and privacy issues should be on your mind.

Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist is an internationally syndicated columnist on technology law issues with his regular column appearing in the Toronto Star and the Ottawa Citizen. Dr. Geist is the editor of From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (2010) and In the Public Interest: The Future of Canadian Copyright Law (2005), both published by Irwin Law, the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues.

Dr. Geist serves on many boards, including the CANARIE Board of Directors, the Canadian Legal Information Institute Board of Directors, the Privacy Commissioner of Canada’s Expert Advisory Board, the Electronic Frontier Foundation Advisory Board, and on the Information Program Sub-Board of the Open Society Institute. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Canada’s Top 40 Under 40 in 2003. In 2010, Managing Intellectual Property named him on the 50 most influential people on intellectual property in the world.

May 22, 2014

Dickens 2.0 – debt prisons of the 21st century

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

At Outside the Beltway, James Joyner calls attention to the widespread practice of sending minor offenders to prison for failing to pay minor fines:

NPR’s “Morning Edition” has been running a series called “Guilty and Charged,” chronicling the plight of Americans forced to go to jail because they’re unable to pay the court fees and fines associated with very minor infractions. The Supreme Court ostensibly outlawed the practice three decades ago but left the determination as to whether defendants are truly to poor to pay or simply unwilling to trial court judges. Not shockingly, perhaps, they almost invariably presume the latter.

You can listen to Tuesday’s segment, “Unpaid Court Fees Land The Poor In 21st Century Debtors’ Prisons,” at the link. Unfortunately, they only have the audio and not a transcription. Aside from what I’ve already written in the introduction above, what really stood out to me was the sheer contempt judges displayed to indigent defendants. Despite being highly educated professionals supposedly trained in the law and selected for their ability to dispassionately way evidence and reach just results, those featured on the program were positively knee-jerk and sneering. It was as if they’d plucked some random yahoo from a Denny’s, dressed him in a black robe, and had him preside over the trial.

Today’s follow-up, “Supreme Court Ruling Not Enough To Prevent Debtors’ Prisons,” was if anything more infuriating. It dove deep into the case of Kyle Dewitt, an Iraq War vet who went to jail and got caught up in an unending series of problems with the law over catching the wrong species of bass at the wrong time of year.

[…]

I’ve long been of mind that we ought to do away with fines as a means of punishment altogether. Whether paying $150 for exceeding the speed limit (almost always some nominal fine for the offense and a much higher amount for “court costs,” owed even if one just mails in the fine and never goes to court) is a deterrent depends entirely on one’s financial circumstances. It was a big deal when I was in college; it’s a nuisance now. Further, those with the means will often spend far more than the fine plus court costs to hire an attorney to plead it to an offense that doesn’t come with points that go against their license or their insurance record. It’s incredibly inequitable.

May 20, 2014

Scotland ratchets up the Nanny State

Filed under: Britain, Government, Law — Tags: , , , , — Nicholas @ 10:27

Last year, the Scottish government introduced legislative proposals to nominate state guardians for all Scottish children, to be called “named persons” and to exercise rather Orwellian powers over the child and the child’s parents. The legislation is now in force, and Stuart Waiton explains why it’s such an intrusive step:

The children’s minister, Aileen Campbell, has been dismissive of those people who have criticised the act as state snooping, or, as many Christian groups have put it, an ‘attack on the family’. For Campbell, the new powers and duties being given to the state guardians are simply another service to help families in trouble and further ensure that children are protected in society. Indeed, Aileen Campbell at times appears to be nonplussed by her critics, incapable of seeing why her caring approach is not instantly celebrated. The claims of state snoops undermining the family, she argues, are simply ‘misunderstandings’ and ‘misrepresentations’ of the new law. When someone raised the point that this act undermined the role of parents in child-rearing, Campbell, somewhat comically, replied, ‘we recognise that parents also have a role’.

However, given the increasing ways in which all children are being categorised as ‘vulnerable’, the way in which all professionals are being educated to put child safety at the top of their agenda, and at time in which ‘early intervention’ is promoted as the only rational approach to solving social problems, there is a serious risk that the relationship between the ‘named person’ and parents will become one predicated on suspicion. Given that the red line for when it is appropriate to intervene in a child’s life is also being downgraded, from the child being seen as at serious risk of harm to mere concerns about their ‘wellbeing’, the potential for unnecessary and potentially destructive state intrusion into family life with this law is significant.

[…] There is also a great danger here that by incorporating every single child in the child-safety rubric, the few children who need state intervention in their lives will get lost in this vast system and not get the support they need. As one concerned parent has noted, when you are looking for a needle in a haystack, why make the haystack bigger?

May 17, 2014

Weird NFL lawsuit – “remember that anyone can file a lawsuit for almost anything”

Filed under: Football, Law — Tags: , , , , , — Nicholas @ 10:53

A very unusual lawsuit has been filed against Jacksonville Jaguars first round pick Blake Bortles by David Rothrock and “Theodore Bridgewater”, from a prison in Pennsylvania:

Injunction against Blake Bortles

A bizarre, handwritten restraining order has been filed against Jacksonville Jaguars first-round pick Blake Bortles and the NFL in a Central Florida court in what appears to be an attempt to bar Bortles from playing for the Jaguars and in the National Football League.

The plaintiffs, listed as “Theodore Bridgewater” and David Rothrock, allege that Bortles is under the influence of steroids and also HIV positive. The lawsuit was filed from a Pennsylvania prison, presumably where Rothrock is incarcerated, and lists the co-plaintiff as “Theodore Bridgewater,” with a P.O. Box in Louisville, Ky., as the address. The plaintiff named on the suit is surely not Minnesota Vikings quarterback Teddy Bridgewater, despite a P.O. Box in Louisville, KY being listed as the address.

The filing not only accuses Bortles of taking steroids and HGH, but also alleges he’s been involved in some other nefarious dealings including an allegation that Bortles framed Rothrock for a crime so he would be jailed and unable to talk to the Federal Bureau of Investigation, who approached Rothrock about the distribution of steroids and HGH.

The plaintiff in the case is representing himself “pro se,” which means he is advocating on his own behalf.

H/T to Vikings Territory for the link.

Update, 23 May. Further proof that anyone can file a lawsuit for almost any reason. This one is against Cleveland Browns first round draft pick Johnny Manziel:

A person has filed for a restraining order against Cleveland Browns quarterback Johnny Manziel and is seeking $25 million in damages, claiming he has sexually harassed a woman for more than a year.

The document, filed in federal court in Florida on May 16, makes numerous salacious allegations against Manziel centered on him allegedly sending nude photos of himself to a woman. It lists a woman’s name on the complaint, but a deputy court clerk in Tampa said the complaint arrived by mail and the court has no way of confirming who sent it. The court clerk, who did not wish to be named, said the filing was mailed in Trenton, N.J.

The document also does not list an attorney, and no other supporting documents could be found in the record in a search by USA TODAY Sports on Friday.

Manziel’s agent, Erik Burkhardt, immediately wrote on Twitter that the complaint is “fake” and “frivolous.”

“It’s insanity,” Burkhardt told USA TODAY Sports. “You can read the thing for yourself.

“What some people will do for publicity is just embarrassing. That’s all I’ve got to say.”

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.

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