Quotulatiousness

March 5, 2014

QotD: “Truthiness” and the First Amendment

Filed under: Humour, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 10:22

In modern times, “truthiness” — a “truth” asserted “from the gut” or because “it feels right,” without regard to evidence or logic5 — is also a key part of political discourse. It is difficult to imagine life without it, and our political discourse is weakened by Orwellian laws that try to prohibit it.

After all, where would we be without the knowledge that Democrats are pinko-communist flag-burners who want to tax churches and use the money to fund abortions so they can use the fetal stem cells to create pot-smoking lesbian ATF agents who will steal all the guns and invite the UN to take over America? Voters have to decide whether we’d be better off electing Republicans, those hateful, assault-weapon-wielding maniacs who believe that George Washington and Jesus Christ incorporated the nation after a Gettysburg reenactment and that the only thing wrong with the death penalty is that it isn’t administered quickly enough to secular-humanist professors of Chicano studies.

Everybody knows that the economy is better off under [Republican/Democratic]6 presidents — who control it directly with big levers in the Oval Office — and that:

    President Obama is a Muslim.
    President Obama is a Communist.
    President Obama was born in Kenya.
    Nearly half of Americans pay no taxes.7
    One percent of Americans control 99 percent of the world’s wealth.
    Obamacare will create death panels.
    Republicans oppose immigration reform because they’re racists.
    The Supreme Court is a purely political body that is evangelically [liberal/conservative].8

All of the above statements could be considered “truthy,” yet all contribute to our political discourse.

5. Wikipedia.com, Truthiness, http://en.wikipedia.org/wiki/Truthiness (last visited Feb. 28, 2014) (describing the term’s coinage by Stephen Colbert during the pilot of his show in October 2005). See also Dictionary.com, Truthiness, http://dictionary.reference.com/browse/truthiness (last visited Feb. 28, 2014).
6. Circle as appropriate.
7. 47 percent to be exact, though it may be higher by now.
8. Again, pick your truth.

Ilya Shapiro and P.J. O’Rourke, BRIEF OF AMICI CURIAE CATO INSTITUTE AND P.J. O’ROURKE IN SUPPORT OF PETITIONERS, Susan B. Anthony List v. Driehaus [PDF], 2014-02-28

March 4, 2014

Britain’s prostitution law reforms are driven by moral panic

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 11:35

An editorial from last weekend’s Independent:

What the All Party Parliamentary Group on Prostitution broadly proposes is Nordic-style reform, which is what the European Parliament also backed last week. This would shift the burden of prosecution from mostly women sellers to mostly male buyers and pimps. MPs are right to say that one of the root problems with Britain’s laws on the sex trade is that they send conflicting messages about who is in the wrong. If trafficked women, especially, are to be helped, they must be assured that the law is on their side. It is why the MPs want the mass of current legislation consolidated into a single Act, which makes it clear that only those who purchase sex will feel the rigours of the law.

Change along these lines will bitterly disappoint libertarians who want to see the sex trade fully legalised on Dutch or German lines. There is also an argument that it is illogical – another mixed message – to penalise the purchase of sex but not the sale. But, a counter-argument, which the authorities in Sweden, Norway and Iceland deploy with some justification, is that “redistributing guilt” over the sale of sex undoubtedly benefits women who have felt trapped into prostitution and makes life much harder for pimps and traffickers.

The underlying idea is that because many people (especially politicians) dislike the idea that women sell their bodies, it should be made illegal. The troubling reality that a lot of prostitutes are voluntarily in the business requires the would-be banners to come up with a justification that somehow invalidates the individual decisions of those women. The ongoing moral panic over human trafficking is the current choice of vehicle for that. Tim Worstall:

The only possible claim that can be made in favour of the banning of prostitution, or even of the declaration that it is something wrong that we would like to minimise, is that it represents some form of slavery in which people are forced to do things they do not agree to doing voluntarily.

And that is indeed the claim that is being made, see that reference to “trafficking” in the Independent. However, the one thing that we do in fact know about the “slavery” in prostitution is that it doesn’t, in this country at least, actually exist. For we had a plan whereby every single police force in the country went out looking for people who were indeed sex slaves. People who were being forced, against their will, into prostitution (ie, repeatedly raped, a vile crime). And when they had a look through all of the brothels, working flats, saunas and street walkers they could find not one single police force was able to come up with sufficient evidence to charge anyone at all with the crime of holding someone in such sex slavery. Operation Pentameter it was called and it’s the biggest refutation of the hysterical case about trafficking that could possibly have been devised.

The vision some have of people being forced onto the game is simply untrue. What we do in fact have is consenting adults deciding to offer such services as they wish to offer for the cash being proferred to them. And this isn’t something that requires customers to be made into criminals: nor is it something that requires suppliers to be made into criminals either. It’s just not something that requires anyone at all to be made into a criminal. It’s consenting adults deciding what to do with their own bodies.

Update: The Canadian government is conducting a survey on what to do in the wake of the Supreme Court decision that struck down key parts of Canada’s prostitution laws last year. You can participate in the survey here. The public consultation period lasts until March 17.

On December 20, 2013, in the case of Bedford v. Attorney General of Canada 1, the Supreme Court of Canada found three Criminal Code prostitution offences to be unconstitutional and of no force or effect. This decision gives Parliament one year to respond before the judgment takes effect. Input received through this consultation will inform the Government’s response to the Bedford decision.

You will find some specific questions on this issue at the end of this document. To put them in context, here is a brief overview of the current criminal laws addressing prostitution, the Bedford decision, and existing international approaches to prostitution.

1. http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/13389/index.do?r=AAAAAQAHYmVkZm9yZAAAAAAB

H/T to Maggie McNeil for the link.

February 28, 2014

Baked-in prejudice and freedom of religion

Filed under: Business, Law, Liberty, USA — Tags: , , — Nicholas @ 08:48

Jonah Goldberg assures us that he’s not against gay marriage, but that the Arizona baker’s case isn’t quite what it seems:

Speaking of unreasonableness, according to ESPN’s Tony Kornheiser, if Arizona allows bakers to refuse to bake cakes for gay couples, gays may have to wear “yellow stars” like the Jews of Nazi Germany. It would be Jim Crow for gays according to, well, too many people to list.

Now lest you get the wrong impression, I am no opponent of gay marriage. I would have preferred a compromise on civil unions, but that ship sailed. The country, never mind the institution of marriage, has far bigger problems than gays settling down, filing joint tax returns, and arguing about whose turn it is to do the dishes. By my lights it’s progress that gay activists and left-wingers are celebrating the institution of marriage as essential. Though I do wish they’d say that more often about heterosexual marriage, too.

But I find the idea that government can force people to violate their conscience without a compelling reason repugnant. I agree with my friend, columnist Deroy Murdock. He thinks private businesses should be allowed to serve whomever they want. Must a gay baker make a cake for the hateful idiots of the Westboro Baptist Church? Must he write “God hates fags!” in the icing?

The ridiculous invocations of Jim Crow are utterly ahistorical, by the way. Jim Crow was state-enforced, and businesses that wanted to serve blacks could be prosecuted. Let the market work and the same social forces that have made homosexuality mainstream will make refusing service to gays a horrible business decision — particularly in the wedding industry!

February 27, 2014

OQLF now monitoring social media for language

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 10:32

No, not coarse language … the English language:

The agency in charge of enforcing the primacy of the French language in Quebec apparently has a new target — social media.

Eva Cooper, the owner of a small retail boutique in Chelsea, Que., has been notified by the language agency that if she doesn’t translate the shop’s Facebook page into French, she will face an injunction that will carry consequences such as a fine.

“Ultimately, to me, Facebook has nothing to do with Quebec,” said Cooper, who uses the social media site to inform customers of new products in her boutique north of Ottawa. The shop — Delilah in the Parc — has an all-bilingual staff of fewer than 10 people.

“I’m happy to mix it up, but I’m not going to do every post half in French, half in English. I think that that defeats the whole purpose of Facebook,” said Cooper, who has requested the agency send her their demands in English.

Cooper’s case represents a new frontier for the language agency, the Office québécois de la langue française (OQLF). The agency says probes of social media complaints, which started only recently, are “not frequent.”

February 25, 2014

Next on Quebec’s language hit-list – getting rid of “Bonjour-Hi”

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 09:48

The Anglos in Quebec will be facing tougher language laws if (when) the Parti Québécois wins a majority in the next provincial election:

Speaking to business leaders, Diane De Courcy vowed to halt Quebec’s “unacceptable slide” into institutional bilingualism — in Montreal and across the province.

A PQ majority government would make it a priority to bring back Bill 14 and to stamp out examples of creeping bilingualism like sales staff who greet customers with “Bonjour-Hi,” she said at a day-long conference on francization programs held by the Conseil du patronat.

“Montreal is not a bilingual city. Quebec is not a bilingual Quebec,” De Courcy said to reporters after her speech.

Last year, the government decided not to push for adoption of Bill 14, strengthening Quebec’s French Language Charter, because of a lack of support from opposition parties. The wide-ranging bill would extend Bill 101 rules for large businesses to smaller companies with between 25 and 50 employees, and toughen up aspects of the language law on access to English education and bilingual municipalities.

[…]

Employees who deal with the public must be able to address customers correctly in French, “not like what we have right now in downtown Montreal, and not only in Montreal, which is ‘Bonjour-Hi,’” De Courcy said.

De Courcy said she thinks it’s great if individuals want to learn different languages like English, Spanish, Mandarin or Arabic in their private lives, but institutions and businesses must function strictly in French.

“There is a difference with what is institutional and it must be without mercy,” she said.

Freedom of belief and “administrative law” in Colorado

Filed under: Business, Law, Liberty — Tags: , , , , — Nicholas @ 09:05

L. Neil Smith on a controversial case in Colorado:

In a story that recently made national news, a Colorado baker who, for reasons of Christian conscience, refused to make a wedding cake for a homosexual couple, has been ordered by a Denver administrative law judge (and exactly what the hell is an “administrative law judge”, anyway?) to do so nonetheless — and make similar cakes for any other customers who request them — or face fines and possibly a stretch in prison.

He will file reports and be watched closely from now on.

I am not kidding.

The baker, who has said that he will disobey the order, is Jack C. Phillips, his bakery, Masterpiece Cakeshop. The judge’s name is Robert Spencer. The gay couple are Charlie Craig and David Mullins. The lawsuit was brought on their behalf by the American Civil Liberties Union.

Craig and Mullins originally filed a complaint with the Colorado Civil Rights Commission. Apparently Phillips had refused another such request, by a lesbian couple, some time ago, and, according to local talk show host Peter Boyles of 710KNUS, was deliberately targeted, or “shopped”, possibly by the judge, himself. Meanwhile, a Colorado Democratic legislator (whose name I can’t find) has just introduced legislation that would crank up the fine for this “offense” by 7000 percent.

In a specimen of logic so twisted it would make Pablo Picasso or Salvador Dali vomit, Spencer has issued Phillips a “cease and desist” order — an official order to stop not doing something. It’s exactly like a moment out of a nightmare collaboration between Stalin and Kafka.

Clearly, Baker Phillips has a right, under the First Amendment — a right currently being denied him — to believe whatever he wishes, and to follow the precepts of his religion, as long as he doesn’t deny anybody else their rights. He also has a First Amendment right to freedom of speech, which necessarily includes the right not to speak, when that appears more eloquent, or to employ his artistic insights, intuitions, and skills in support of a cause that he personally finds obnoxious.

Certainly Craig and Mullins have their rights, as well, but they don’t include compelling Phillips or anybody else to work for them, or to pretend as if they agreed with their ideas and help trumpet them to the world. The fact is, there are dozens of other bakeries in Denver more than willing to do that. But, as we now know from Obamacare, everybody has to comply. They want to get this guy and get him good.

Lobbyist wants to ban gays from playing in the NFL

Filed under: Football, Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:28

This is the sort of story that wouldn’t be out of place in the 1970s, but seems to have come adrift in the timestream and for some reason shows up today:

Just when it appeared that a supposedly modern, progressive society is willing to accept people for who they are and not force them to pretend to be something they’re not, someone is trying to kick the pendulum sharply in the other direction.

According to The Hill, lobbyist Jack Burkman said Monday that he’s preparing legislation that would ban gay players from the NFL.

“We are losing our decency as a nation,” Burkman said in a statement. “Imagine your son being forced to shower with a gay man. That’s a horrifying prospect for every mom in the country. What in the world has this nation come to?”

One must assume that Burkman’s belief is, contra Chris Kluwe, sharing a shower room with a gay man will magically turn you into a “lustful cockmonster”.

February 21, 2014

Online bounty hunting

Filed under: Business, Gaming, Law, Technology — Tags: , , — Nicholas @ 09:10

BBC News on a bounty being offered to track down and prosecute those involved in the DDoS attack on the game Wurm:

A bounty of 10,000 euros (£8,200) is being offered to catch the people who took the online multiplayer game Wurm offline.

The game’s servers were victim of a distributed denial of service (DDoS) attack this week and the game remains offline.

A DDoS attack forces a website offline by overloading the site’s servers with more data than it can process.

The bounty is being offered for any “tips leading to a conviction”.

Wurm is a massively multiplayer online role-playing game (MMORPG) that is played on personal computers.

The game takes place in virtual realms and everything in it is created by the players who are taking part. They can compete against each other or combine forces to defend a realm.

The attack happened just after an update to the game.

Writing on Wurm‘s website, one of its creators said it would be back online as soon as possible.

“We were the target of a DDoS attack and our hosting provider had to pull us off the grid for now.

“We will be back as soon as possible, but things are out of our hands since their other customers are affected.

“We can offer 10,000 euros for any tips or evidence leading to a conviction of the person responsible for this attack,” he wrote.

H/T to Hunter for the link.

February 15, 2014

In one stroke, Connecticut becomes the state with the highest proportion of criminals

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:54

In a development that absolutely nobody could have seen coming, Connecticut has the highest known population of (technical) criminals in the United States:

In a massive display of civil disobedience, tens of thousands of state residents have refused to register what the left calls assault weapons, instantly making them criminals guilty of a felony.

The legacy of the Connecticut residents who used their privately owned firearms to help overthrow the tyrannical colonial rule of King George III, who probably considered their muskets the military-style assault weapon of the day, apparently lives on.

Connecticuters in the tens, perhaps hundreds, of thousands have refused to comply with a law, adopted after the December 2012 massacre at Sandy Hook Elementary School, requiring them to register what gun-control advocates consider assault weapons by the end of 2013.

As the Hartford Courant reports, as of Dec. 31 some 47,916 applications for assault weapons certificates had been received by state police. By some estimates, this represented as little as 15% of the rifles classified as assault weapons owned by Connecticut residents.

Estimates by people in the industry, including the Newtown-based National Shooting Sports Foundation, place the number as high as 350,000.

Update, 19 February: The editorial board of the Hartford Courant thinks that the solution to this problem is to just ignore the deadline or even scrap the law. No, wait, that’d be a sensible reaction. They actually want the state to round up the scofflaws en masse:

Some people actually tried to comply with the registration law, but missed the deadline. The state’s official position is that it will accept applications notarized on or before January 1, 2014 and postmarked by January 4. But, says Dora Schriro, Commissioner of the Department of Emergency Services and Public Protection, in a letter to lawmakers [PDF], anybody sufficiently law-abiding but foolish enough to miss that slightly extended grace period will have to surrender or otherwise get rid of their guns.

This, of course, is the eternally fulfilled fear of those who oppose registration of things governments don’t like — that allowing the government to know about them will result in their eventual confiscation. Such confiscation, despite assurances to the contrary, occurred in New York, California, and elsewhere. Connecticut has accomplished something special, though, by making “eventual” a synonym for “right now.”

You know who won’t have to surrender their weapons? People who quietly told the state to fuck off.

This successful example of mass defiance horrifies the editorial board of the Hartford Courant, which shudders at the sight of the masses not obeying an order that, history, tells us, never had a shot at wide compliance. According to them:

    It’s estimated that perhaps scores of thousands of Connecticut residents failed to register their military-style assault weapons with state police by Dec. 31….

    …the bottom line is that the state must try to enforce the law. Authorities should use the background check database as a way to find assault weapon purchasers who might not have registered those guns in compliance with the new law.

    A Class D felony calls for a maximum sentence of five years in prison and a $5,000 fine. Even much lesser penalties or probation would mar a heretofore clean record and could adversely affect, say, the ability to have a pistol permit.

    If you want to disobey the law, you should be prepared to face the consequences.

Such shock! Such outrage!

February 13, 2014

Disproportional punishment

Filed under: Law, USA — Tags: , , , , — Nicholas @ 10:16

In the Washington Post, Jacob Sullum illustrates the weird disproportionality of the sentences handed out to child porn offenders versus the sentences received by actual child abusers:

The legal treatment of people caught with child pornography is so harsh that they can end up serving longer sentences than people who actually abuse children. In a 2009 analysis, federal public defender Troy Stabenow shows that a defendant with no prior criminal record and no history of abusing children would qualify for a sentence of 15 to 20 years based on a small collection of child pornography and one photo swap, while a 50-year-old man who encountered a 13-year-old girl online and lured her into a sexual relationship would get no more than four years.

Under federal law, receiving child pornography, which could mean downloading a single image, triggers a mandatory minimum sentence of five years — the same as the penalty for distributing it. Merely looking at a picture can qualify someone for the same charge, assuming he does so deliberately and is aware that Web browsers automatically make copies of visited sites. In practice, since the Internet nowadays is almost always the source of child pornography, this means that viewing and possession can be treated the same as trafficking.

The maximum penalty for receiving or distributing child porn is 20 years, and federal sentencing guidelines recommend stiff enhancements based on factors that are extremely common in these cases, such as using a computer, possessing more than 600 images (with each video clip counted as 75 images), and exchanging photos for something of value, including other photos. Federal agents reportedly found 200 child porn videos on Loskarn’s hard drive when they arrested him on December 11.

Ninety percent of federal child-porn prosecutions involve “non-production offenses” like Loskarn’s: downloading or passing along images of sexual abuse, as opposed to perpetrating or recording it. As a result of congressional edicts, the average sentence in such cases rose from 54 months in 2004 to 95 months in 2010, according to a 2012 report from the U.S. Sentencing Commission (USSC). The penalties have become so severe, the commission noted, that judges frequently find ways to dodge them, resulting in wildly inconsistent sentences for people guilty of essentially the same conduct.

February 12, 2014

The Beer Store’s pre-emptive strike against a competitive market in Ontario

Filed under: Business, Cancon, Government, Law — Tags: , , , , — Nicholas @ 11:22

Yesterday I got a robo-call from someone representing The Beer Store (what used to be known as the Brewer’s Retail … for my American readers, think of your local DMV crossed with a Cold War-era Soviet department store). The call was to alert me to the possibility that the Ontario government might do something to destroy the worker’s paradise we live in today and allow the total anarchy of private sales of beer, wine, and liquor. I was invited to take part in some sort of “town hall” meeting where all the interested parties would be represented … if you consider only those who are afraid of this change being introduced as being all of the interested parties.

As we all know, the Ontario government isn’t comfortable with the idea of letting go of their own vast-profit-generating booze sales machine (the LCBO), and I doubt that the current Premier and her party are actually going to break the foreign-owned oligopoly that currently controls the sale of beer in the province. In spite of that, the Beer Store and their “stakeholders” are mounting a rather hysterical counter-offensive to preserve the current status quo. As Colby Cosh points out, their success or failure will probably hinge on keeping Ontarians innocent of how a non-monopolized market works in other jurisdictions … particularly in Alberta:

It is encouraging to see so much ridicule being flung at the Beer Store’s “study” defending its role in the Soviet-flavoured Ontario liquor retailing system. The effectiveness of the Beer Store’s white paper depends on its Ontario audience knowing no practical details of freer retail schemes, particularly Alberta’s: yet, by an amusing paradox, the ur-source for the report appears to be Alberta. No one was willing to attach his name to the report itself, but it comes with a foreword by the Parkland Institute’s Greg Flanagan, who deems it a “valuable contribution”—one that, on an unrelated note, makes heavy use of Flanagan’s own past polemics against liquor privatization. What a terrible shame nobody took credit for this excellent document!

What Colby is missing is that Ontario is a unique, precious snowflake of a province, whose residents are unable to handle this so-called “freedom of choice”. Our loving government is protecting our vulnerable, weak-willed selves from the evils of a callous, uncaring, exploitative sector of the economy that ruthlessly wants to sell us more of their intoxicating poisons at lower prices. This is why we must stand firm against “free markets” and rally our shrinking moral forces!

He even admits that the destruction of Alberta’s proud, noble, and much-loved liquor monopoly has brought untold misery and ruin to literally tens, possibly even hundreds, of Albertans:

The effect of liquor-retail privatization in Alberta was to put liquor stores in many small towns that did not have them before and on darn near every block in the big cities. Most, by design, are small stores with large markups. Before privatization you had a handful of stores in the entire province, all offering strongly regulated uniform prices. But you might have to travel a long way to get the advantage of these prices; you might have to leave work early to show up before closing, particularly if you intended to load up for a weekend or a party; and you might have to stand in a queue when you arrived. (Ah, memories.) And if you didn’t compute your needs accurately and you ran out of booze at the wrong moment, you were out of luck.

After privatization, there are stores everywhere, open all the time, on every day but Christmas; and you might be charged an extra buck on a 12-pack. Go on: ask 10 Albertans who are old enough to remember the old system if they would like to go back. I’ve actually performed this exercise, and I usually get ten “hell no”s. But if you make your sample a hundred, you will certainly find a person or two in one of two categories: (1) socialists nostalgic for the days when ALCB employees were duly organized, and could shut down all liquor sales in the province by striking; (2) geriatric grouches who really don’t enjoy alcohol and don’t like its ready availability and what’s with those goddamn kids these days with the reefer and the XBox and the hey hey hey.

See? He even admits that prices went up! Proof that market failure is smeared all over Alberta! And queues are a good thing: they allow you to meet your neighbours and have long, pleasant conversations about all kinds of things! Albertans have been wantonly deprived of this wonderful balm of human contact and interaction!

No, Ontarians are not ready — and may never be ready — for the additional burden of free choice and wider selections at lower prices. We must set our hearts and minds to work against this tradition-destroying innovation and keep our booze prices high and variety minimal!

Spain reconsidering law that makes them venue of choice for international cases

Filed under: China, Europe, Law — Tags: , , — Nicholas @ 08:38

Another day, another non-Spanish leader or ex-leader being charged with crimes against humanity in a Spanish court … but perhaps not for long:

Spain’s MPs voted on Tuesday to push forward with a bill that limits the power of Spanish judges to pursue criminal cases outside the country, a move that human rights organisations said would end Spain’s leading role as an enforcer of international justice.

Last month, the ruling People’s party (PP) tabled a fast-track legal change to curb the use of universal jurisdiction, a provision in international law that allows judges to try cases of human rights abuses committed in other countries. Since being adopted into Spanish law nearly two decades ago, the doctrine has allowed Spanish judges to reach beyond their borders and investigate serious human rights abuses in countries such as Argentina, Rwanda and Guatemala.

Its use put the Spanish justice system into the headlines at times — most famously for the 1998 arrest of the Chilean dictator Augusto Pinochet in London.

“This reform makes it even harder to probe into severe human rights abuses,” said Ignacio Jovtis, of Amnesty International Spain. “It’s a step backwards for human rights and justice.”

Nearly two dozen international human rights groups have spoken out against the change, calling it political interference in the justice system and urging the government to abandon the reform.

It’s one thing to provide a venue for pursuing violations of civil rights, but it’s quite another to allow your justice system to become an international laughingstock. Spain’s legal system has come dangerously close to the latter with the current law in place. It certainly has created some awkward situations like this:

MPs voted to push ahead with the move a day after a court in Spain ordered Interpol to issue arrest warrants for the former Chinese president Jiang Zemin, as well as four senior Chinese officials, over alleged human rights abuses in Tibet decades ago.

The arrest orders come just as Spain is seeking to lift its sagging economy by deepening trade relations with the Asian superpower.

China issued a sharp rebuke, leaving little question that the issue had strained ties between the two countries. “China is strongly dissatisfied and firmly opposed to the erroneous acts taken by the Spanish agencies in disregard of China’s position,” said a foreign ministry spokeswoman, Hua Chunying, at a daily briefing.

February 10, 2014

A “Dumb” parody that Starbucks finds unamusing

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 09:23

I am not a lawyer, but it seems to me that this “parody” of a Starbucks shop is too similar to the real thing and that it would be easy for someone to think they were buying “the real thing” at this store:

A store labeled as “Dumb Starbucks,” using the Starbucks corporate logo and bearing an almost identical look to an actual Starbucks, opened up in Los Feliz on Friday, according to employees.

It was open until about 6 p.m. Saturday and drinks were free as part of what a barista called a “grand opening.”

The coffee shop reopened again Sunday morning and coffee was again free. Dozens of people could be seen waiting in line to get in.

Messages left with people associated with “Dumb Starbucks” seeking comment have not been returned. Messages left with Starbucks Corporation have also not been returned.

The menu was limited.

On Sunday, there still was no business license or health code rating posted in the establishment. The baristas said they were hired from Craigslist.

Despite the popularity, customers seemed confused about what exactly was going on.

“I saw online that there was a Dumb Starbucks sign. One of my friends posted about it, and I live across the street, so I just walked over,” Jonathan Brown told KPCC. He described it as “weirdly off-kilter,” with everything looking like a regular Starbucks except for the word “dumb” in front of it.

Their “FAQ” posting shows that they’re aware that this ploy may not be lawyer-proof:

Dumb Starbucks FAQ

Update, 11 February: The prank is revealed to be the work of Nathan Fielder.

Mr Fielder appeared in person at the store to make the announcement, where he said there are plans to open a second outlet in Brooklyn, New York.

There had been widespread speculation that the store, which uses Starbucks’ trademarks, was a publicity stunt.

Starbucks said they were aware of the store but denied any affiliation.

“We are evaluating next steps and while we appreciate the humour, they cannot use our name, which is a protected trademark,” a Starbucks spokesperson said in a statement.

February 4, 2014

Administration costs in higher education

Filed under: Bureaucracy, Law, USA — Tags: , , , — Nicholas @ 10:27

Megan McArdle says that the meme about fast-rising tuition costs at university being driven primarily by the increase in administration staff isn’t the whole story:

Tim Burke, a Swarthmore professor who is also a top-notch (if insufficiently prolific) blogger, has penned a long post that is a very useful corrective to this complaint. It isn’t that the professors are wrong, exactly — administration has grown fantastically over the last 50 years. And empire building is undoubtedly some of the reason for this, because all organizations accumulate unnecessary mid-managerial retinues unless the leadership makes a regular effort to scrape off the supernumerary barnacles.

However, most of those administrators have been hired for two much simpler reasons: The faculty wanted to outsource their administrative responsibilities to professionals so they could focus more on teaching and research; and the demands placed on a university are much greater than they used to be.

I am not going to excerpt Burke’s piece because it is too multifaceted, and too good; you’ll just have to read the whole thing. He elaborates the many new things that administrators now do, from monitoring diversity to tending the mental health of the students. He touches on the legal changes that have made much of this administrative bloat into an expensive necessity, a sort of institutional immune system that defends against lawsuits. He also mentions the new regulations, like Title IX, that imply a whole new staff of people certifying that you have complied with their requirements.

February 3, 2014

Corruption in the EU

Filed under: Bureaucracy, Business, Europe, Law — Tags: , , — Nicholas @ 08:46

BBC News discusses a recent EU report on bribery and corruption in Europe:

The extent of corruption in Europe is “breathtaking” and it costs the EU economy at least 120bn euros (£99bn) annually, the European Commission says.

EU Home Affairs Commissioner Cecilia Malmstroem has presented a full report on the problem.

She said the true cost of corruption was “probably much higher” than 120bn.

Three-quarters of Europeans surveyed for the Commission study said that corruption was widespread, and more than half said the level had increased.

Interestingly, the perception of corruption is significantly higher than the (self-reported) incidence:

In the UK only five people out of 1,115 — less than 1% — said they had been expected to pay a bribe. It was “the best result in all Europe”, the report said.

But 64% of British respondents said they believed corruption to be widespread in the UK, while the EU average was 74% on that question.

In some countries there was a relatively high number reporting personal experience of bribery,

In Croatia, the Czech Republic, Lithuania, Bulgaria, Romania and Greece, between 6% and 29% of respondents said they had been asked for a bribe, or had been expected to pay one, in the past 12 months.

There were also high levels of bribery in Poland (15%), Slovakia (14%) and Hungary (13%), where the most prevalent instances were in healthcare.

Ms Malmstroem said corruption was eroding trust in democracy and draining resources from the legal economy.

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