Quotulatiousness

November 26, 2013

Never-let-a-crisis-go-to-waste department – the modern slavery bill

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 09:11

Tim Worstall explains why the rush to legislate based on the public outrage over the most recent case of slavery is a bad idea that will have worse results:

I know that I shouldn’t giggle over such things but the revelation that the three “slaves” recently found were in fact the remnants of a Maoist commune well known to social services (indeed, housed by the local council) does provide a certain amusement as we see various leftish types suddenly running away from the story. However, now onto something a great deal more important. Theresa May and various campaigners are going to use this to try and pass an extremely bad law about modern slavery. And it’s worth our all complaining very loudly about this now, as the bill is being drawn up, not later when it is too late.

The problem is that there are two distinct meanings being conflated together for the convenience of the legislators, police, and media: I) sex slavery (which most people recognize as a terrible crime that should be prosecuted to the fullest extent of the law) and II) illegal immigration (which is not the same thing at all). By lumping the much larger number of type II cases in with the tiny number of type I, you get a big headline-friendly number to shock and energize the population who think you’re really talking only about type I cases.

As Operation Pentameter found out, after every police force in the country tried to search out and find sex slaves they found not one single case in the entire country that they were able to prosecute for the crime.

That is, the police went looking for slavery, type I definition of trafficking, while this foundation is using the type II definition of illegal immigration (or, to get to that 50% number, simply of immigration, legal or not).

Oh, and Eaves is involved. They were the people behind the Poppy Project. Which, laughably, claimed that evidence of foreign born women working in brothels in London was evidence of trafficking. Guess all those foreigners working in The City are slaves then, eh?

Just to make this entirely clear here. These campaigners (and that includes May here) are going to use our revulsion of the type I trafficking to pass extraordinarly severe laws against the type II stuff. Up to and including life imprisonment and confiscation of all financial assets. Yet it is only type I that is in fact slavery. Type II is more normally defined as the employment of an illegal immigrant.

Anyone really want life imprisonment for employment of an illegal immigrant? Someone who, entirely of their own volition, tried to make their lives better by breaking the law to come to this country is now going to be defined as a slave?

November 23, 2013

Houston – sex trafficking capital of the world (says Dallas newspaper)

Filed under: Law, Media — Tags: , , , — Nicholas @ 09:17

According to a Dallas newspaper, Houston is the focal point of a vast sex trafficking operation:

Check out this obvious crap — unbelievable to any thinking person — in the November 22 Dallas Morning News.

The Texas Senator and Representative that the paper apparently very credulously and obediently took notes from contend that there are 300,000 sex trafficking cases prosecuted every year — “in Houston alone.”

Here’s the quote from the Dallas Morning News editorial:

    Editorial: Cracking down on sex traffickers

    Two Texas Republicans, Sen. John Cornyn and Rep. Ted Poe of the Houston area, are co-sponsoring a bill that would impose stiff penalties on these adult victimizers of up to life in prison. The Justice for Victims of Trafficking Act, which has bipartisan support in both houses, would supplement an existing law that focuses primarily on punishing sex-trafficking organizations abroad.

    Poe and Cornyn estimate that one-quarter of U.S. sex-trafficking victims have Texas roots. Poe says our state’s proximity to Mexico and high immigrant population give the state a particularly high profile. In Houston alone, about 300,000 sex trafficking cases are prosecuted each year.

Do they work butt-drunk at this paper?

300,000? Do you realize how many people that is?

[…]

Of course, Houston’s population is only 2.161 million. So, throw in my fantasy guestimate of at least 200,000 uncaught and unpunished people guilty of sex trafficking on top of the 300,000 supposedly documented. This suggests that a vast segment of Houston’s population — at least 15 percent and maybe 25 percent — is engaged in the business of sex trafficking.

Math is hard.

November 17, 2013

QotD: Mixed drinks

Filed under: History, Law, Quotations — Tags: , , — Nicholas @ 14:45

If, as Philip Larkin observed not so long ago, the age of Jazz (not the same thing as the Jazz Age) ran roughly from 1925 to 1945, the age of the cocktail covered the same sort of period, perhaps starting a little earlier and taking longer to die away finally. The two were certainly associated at their inception. Under Prohibition in the United States, the customer at the speakeasy drank concoctions of terrible liquor and other substances added in order to render the result just about endurable, while the New Orleans Rhythm Kings or the Original Memphis Five tried to take his mind further off what he was swallowing. The demise of jazz cannot have had much to do with that of the cocktail, which probably faded away along with the disappearance of servants from all but the richest private houses. Nearly every cocktail needs to be freshly made for each round, so that you either have to employ a barman or find yourself consistently having to quit the scene so as to load the jug. Straight drinks are quicker and guests can — indeed often do — help themselves to them.

Kingsley Amis, Everyday Drinking: The Distilled Kingsley Amis, 2008.

November 15, 2013

Corporations and social responsibility

Filed under: Business, Government, Law — Tags: , , , , , — Nicholas @ 14:17

In this week’s Goldberg File email, Jonah Goldberg talks about the notion that corporations should operate with an eye to “social responsibility”:

Milton Friedman was famously opposed to the whole idea of “corporate social responsibility.” His argument was that corporations have a single obligation: to maximize profits for shareholders. When CEOs spend money on gitchy-goo feel-good projects, they are exceeding their authority and wandering outside the lines of their job description. I’ve always been very sympathetic to this view. If you asked me to invest $10,000 dollars in your startup company and then I found out you spent $5,000 of it to sponsor a program to teach prison-gang members to settle their disagreements by acting out scenes from Little Women, I’d be pretty pissed. That’s not why I gave you the money. And it’s pretty shabby of you to buy fame and praise for your generosity while spending someone else’s money. Indeed, it’s not much less selfish than blowing it on a three-day bender with the mayor of Toronto.

There are lots of different takes on this argument and, because this is my “news”letter, I choose not to deal with most of them. My problem with the profit-maximizing-über-alles creed for Big Business is that it offers no principled or moral reason for Big Business to stay out of Uncle Sam’s bed. If the federal government can make it rain Benjamins for any business willing to twerk for its amusement, why should GE or Big Pharma or the insurance companies demur?

Of course, some businessmen understand the risks of getting in bed with the government. But, since there’s lots of money to be made, there will always be other businessmen perfectly happy to put on the French-maid uniform and bark like a dog.

Even Adam Smith said, “people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.” That’s true. What’s even more true is that when government officials and business leaders sit down to talk, the inevitable result is a new “public-private partnership” that uses government force to limit competition from non-whorish corporations. Railroad magnates lobbied for the Interstate Commerce Commission. AT&T asked the government to make them a monopoly in the name of “efficiency” so they could clear the field of competition. Andrew Carnegie wanted government control of the steel industry so he could rely on Uncle Sam to guarantee his profit margins. GE loves Obama’s green-energy stuff, because without the inherent subsidies and regulations, it couldn’t make money off of its green tech.

I have no problem with contractors doing work for the government. It’s better that the guys building roads and bridges work for the private sector. But when big businesses agree to make the country less free, the market less competitive, Americans less prosperous, and the state more powerful just to make a few more bucks for their shareholders, it makes me think that Milton Friedman was wrong. We need a free-market version of corporate social responsibility. We need to equip businessmen with an ethical code that tells them there’s a principled reason not to get in bed with the government. They’d still be free to violate that principle, of course, but if they did, I hope they’d have the good sense not to come running to us to complain that the government has asked them to eat a bowl of dogsh**t.

November 14, 2013

QotD: Prostitution

Filed under: Britain, Law, Quotations — Tags: — Nicholas @ 09:57

Society seems to have a confused and ambivalent relationship with prostitutes. On the one hand, some argue that prostitution is the last vestige of employment for women who have been entirely subjugated beneath the will of a patriarchal society. For these people, mostly contemporary feminists, prostitutes are a ‘symptom’ of some deep patriarchal disease; they’re women who have placed themselves at the mercy of the sexual marketplace because they have no other option.

On the other hand, prostitution is celebrated as a trendy new sexuality, a symbol of feminine empowerment. At a time when being intimate is variously seen as uncool, dangerous, or emotionally ‘too much’, the fact that people sell sex like they would sell a television is seen as a funky and positive approach to modern sexual interactions. The popularity of TV dramas like Secret Diary of a Call Girl, in which Billie Piper plays a high-class prostitute getting into all sorts of scrapes in the process of prostituting herself, shows that many are happy to embrace prostitution as part of a new era of contemporary sexuality.

[…]

Prostitution is not liberating, but nor is it a symbol of absolute oppression. It is definitely not a funky new form of sexuality. For those who choose to do it, it is simply a reality. By indulging mawkish fantasies about the vulnerability of prostitutes, our laws make life harder for those it purports to protect by precluding the possibility of establishing informal networks of self-regulation and protection in the world of prostitution. We should take prostitutes seriously enough to allow them to get on with it however they choose.

Luke Gittos, “Britain’s crazy prostitution laws: The UK’s array of prostitution laws only make things worse for sex workers”, Sp!ked, 2013-11-14

If you like DRM in your computer, you’ll love it in your car

Filed under: Law, Technology, USA — Tags: , , , , , — Nicholas @ 09:05

The Electronic Frontier Foundation thinks that extending the DRM regime to cars (as in the latest vehicle from Renault) will drive consumers crazy:

Forget extra cupholders or power windows: the new Renault Zoe comes with a “feature” that absolutely nobody wants. Instead of selling consumers a complete car that they can use, repair, and upgrade as they see fit, Renault has opted to lock purchasers into a rental contract with a battery manufacturer and enforce that contract with digital rights management (DRM) restrictions that can remotely prevent the battery from charging at all.

We’ve long joined makers and tinkerers in warning that, as software becomes a part of more and more everyday devices, DRM and the legal restrictions on circumventing it will create hurdles to standard repairs and even operation. In the U.S., a car manufacturer who had wrapped its onboard software in technical restrictions could argue that attempts to get around those are in violation of the Digital Millennium Copyright Act (DMCA) — specifically section 1201, the notorious “anti-circumvention” provisions. These provisions make it illegal for users to circumvent DRM or help others do so, even if the purpose is perfectly legal otherwise. Similar laws exist around the world, and are even written into some international trade agreements — including, according to a recently leaked draft, the Trans-Pacific Partnership Agreement.

Since the DMCA became law in 1998, Section 1201 has resulted in countless unintended consequences. It has chilled innovation, stifled the speech of legitimate security researchers, and interfered with consumer rights. Section 1201 came under particular fire this year because it may prevent consumers from unlocking their own phones to use with different carriers. After a broadly popular petition raised the issue, the White House acknowledged that the restriction is out of line with common sense.

November 13, 2013

The NFL “closed shop”

Filed under: Business, Football, Law, Liberty — Tags: , , , , — Nicholas @ 10:35

In Reason, S.M. Oliva discusses how the NFL’s exemption from normal labour regulations makes it difficult to assess the rights and wrongs in the Miami Dolphins “bullying” situation:

Many libertarians see nothing wrong with the NFL’s labor system. Even in a pure free market, employers and unions could enter into “closed shop” agreements like the NFL’s CBA. But as we all know, professional sports hardly exist in a free market. The NFLPA itself holds a government-sanctioned monopoly over all current and future NFL players. Indeed, Martin was not even a union member when the NFLPA signed the current CBA in 2011.

More importantly, in a free market any closed shop would face competition from new entrants seeking to exploit the incumbent’s labor restrictions. There’s little risk of that with the NFL given that most of its infrastructure is subsidized by government. This includes not just stadiums built with billions in taxpayer financing, but also player development, as most NFL players are the product of college football programs subsidized by state-run universities.

There’s also the perverse incentives created by federal antitrust law. The collective bargaining process creates an exemption from antitrust law. Without that exemption, most NFL labor policies, such as the draft, would be deemed illegal. Now, that’s hardly a libertarian outcome. But consider the NFL’s position. The more rules and restrictions they can stuff into the CBA, the lower the risk of future antitrust lawsuits. Thus, the exemption encourages the NFL (and the NFLPA) to centralize as much of its labor policy as possible.

That means there’s little motive to experiment with more flexible labor policies. Individual teams can’t offer employee incentives or enforce discipline in any way that conflicts with the CBA. When there are workplace disputes like the Dolphins situation, the bureaucracy acts not to “protect” employees, but to ensure nothing disturbs the government-granted authority of the league and its monopoly labor union.

The end of the ASBO … and the start of something worse

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:09

In sp!ked, Patrick Hayes talks about the new social control mechanism being introduced to replace the notorious ASBO, the Injunction to Prevent Nuisance and Annoyance:

It sounds like a joke, but IPNAs — introduced in Clause 1 of the Anti-Social Behaviour, Crime and Policing Bill, which received its second reading in the House of Lords last week — really do seem quite easy to enforce. Indeed, they make their predecessors, New Labour’s notorious Anti-Social Behaviour Orders (ASBOs), seem like a level-headed intervention into community life in comparison.

The bill says that in order for an IPNA to be granted, a court needs to be satisfied ‘on the balance of probabilities that the respondent has engaged or threatens to engage in conduct capable of causing nuisance or annoyance to any person’. Once satisfied, the court can issue an IPNA in order ‘to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour’.

It seems that for the Lib-Con coalition government, the problem with ASBOs was not that they circumvented the normal exercise of law by dishing out behaviour-controlling orders to people who hadn’t actually committed any crime, but rather that they only covered behaviour that might cause ‘harassment, alarm or distress’. So it has introduced IPNAs, which cover everyday nuisance and annoying behaviour, too. In fact, you don’t actually have to be annoying to get an IPNA — even the threat of behaving annoyingly can earn you one of these orders that do not require criminal-law standards of proof and can instead be handed out, to anyone over 10, at a court’s convenience. If you flout an IPNA, you face up to three months in prison.

November 12, 2013

Corruption watch: US government edition

Filed under: Government, Law — Tags: , , , , , — Nicholas @ 13:10

In his weekly NFL column, Gregg Easterbrook frequently has extended discussions of non-football items like this week’s quick tour of recent US federal, state, and local government agencies’ corruption news:

This column contends that corruption in government is a larger problem than commonly understood — that a reason expenditures at the federal, state and local levels keep smashing records, yet schools and bridges don’t get built, is that a significant fraction of what government spends is not just wasted, it is stolen.

Last week’s news that two senior admirals have been placed on leave on suspicion of corruption, while two Navy commanders and a senior official of the actual NCIS, not the TV show, have been arrested and charged with corruption, might be just the tip of an iceberg, to employ a nautical metaphor. Here’s a quick tour of recent corruption charges:

In federal government, a top EPA official stole nearly $900,000 from the agency, including through his expense account and by not reporting to work for months at a time yet receiving full pay. Absurdly, he was believed at the EPA when he claimed to be on assignment for the CIA. If the CIA needed an environmental specialist, there is a system by which one would be “detailed,” and the EPA would know.

Recently, an Army contractor was sentenced to 20 years in prison for stealing about $30 million using false invoices. Former congressman Jesse Jackson Jr. recently was sentenced to prison for embezzling from campaign funds; his wife was sentenced for income-tax evasion. (The campaign embezzlement did not cost taxpayers anything, the tax evasion did.)

In state government, the Securities Exchange Commission has accused the state of Illinois of pension bond fraud. The S.E.C. has charged the former head of the California state pension fund with fraud. Members of the New York Senate have been arrested on bribery charges. The lieutenant governor of Florida resigned over involvement with a fake charity.

In local government, the former mayor of Detroit just went to prison for corruption. Several members of the Washington, D.C., city council have been jailed or indicted for corruption, including one in jail for stealing from a youth-sports fund. A former California mayor just pleaded no contest to corruption charges. A former Chicago alderman just pleaded guilty in a corruption case. Chicago might be “the most corrupt city in the country,” with kickbacks and embezzlement costing Chicago taxpayers $500 million per year, a rate that works to $185 annually stolen from each resident.

[…]

In a big, complicated world, there will always be some who steal. Most public officials are honest and work hard to administer public funds properly. But we tend to think of theft in government as a problem of bygone days of bosses in smoke-filled rooms. With evermore money flowing into government, evermore corruption might be one result.

Contacting the Boston Police public affairs office is now considered “intimidation”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:34

At Popehat, Ken White discusses the fascinating case of the public affairs office of the Boston Police department as a “victim” of “intimidation” from callers:

The story begins typically for Photography Is Not A Crime with a story about a Boston Police Department sergeant thuggishly assaulting a photographer recording a traffic stop. A PINAC fan and journalism student named Taylor Hardy called the Boston PD’s Bureau of Public Information on its public line to ask about the story. Hardy spoke with Angelene Richardson, a spokesperson for the Boston Police Department who provides information to the media and public. When Hardy published a recording of that call, the Boston Police Department arranged for him to be charged with wiretapping. Hardy claims that he informed Richardson that he was recording the call (though he did not successfully record that part of the conversation), apparently Richardson claims that he did not.

Even assuming that Hardy didn’t disclose that he was recording (and it would be foolish to take the BPD’s word on that), it’s very dubious policy for the government to charge a citizen with a crime for recording a call with a police department’s public information officer on the phone line the department identifies as its public information line. Any such communication can’t possibly be regarded as private. There may be constitutional problems with a wiretapping statute that allows prosecution of a citizen under those circumstances. But the BPP wasn’t done doubling down yet.

When Carlos Miller wrote about the wiretapping charges against Hardy, he encouraged readers to contact Richardson at her BDP telephone number and email address, which the BPD published online:

    Maybe we can call or email Richardson to persuade her to drop the charges against Hardy considering she should assume all her conversations with reporters are on the record unless otherwise stated.

In other words, Miller encouraged his readers to petition the government for a redress of grievances, as protected by the First Amendment.

The BPD has charged Miller with witness intimidation. The BPD also threatened any of Miller’s readers who contact the BPD:

    Detective Nick Moore also assured me he would do the same to any PINAC readers if they continue to contact departmental spokeswoman Angelene Richardson as they have been doing since yesterday.

    “I can go and get warrants for every person who called her,” he said during a telephone conversation earlier this evening. “It’s an annoyance. It’s an act of intimidation.”

Indeed — an act of intimidation is involved. But it’s an act of intimidation by the BPD, which is sending a clear message about how it will handle citizen dissent.

What a accomplishment: the Boston Police Department has discovered a way to make it a crime for citizens to contact the person it designates to talk to citizens.

The cult of the victim

Filed under: Law, Media — Tags: , , — Nicholas @ 08:38

In sp!ked, Barbara Hewson explains why the “believe the victim” mantra is a “recipe for injustice”:

First, it creates an ideal climate in which those who have not been abused can claim that they have been. Second, it ignores the ease with which false memories of abuse can be created, whether by self-persuasion, interaction with victim/survivor groups, or influence by third parties with axes to grind. Those third parties may include therapists, policemen, injury lawyers, campaign groups, and journalists avid for scandal. All these players espouse the ideology of victimisation.

In 1997, the US sociologist Joel Best identified seven widely accepted propositions which, taken together, create this powerful ideology:

1) Victimisation is widespread;
2) Its consequences are fundamentally psychological, and long-lasting;
3) Victims are innocent, victimisers are exploitative, and there is no room for moral ambiguity;
4) Both society and victims themselves fail to appreciate the extent of victimisation;
5) People must be taught to recognise their own, and others’ victimisation;
6) Claims of victimisation must not be challenged, as this is ‘victim-blaming’;
7) The word ‘victim’ connotes powerlessness: the term ‘survivor’ is preferable. (1)

Victims/survivors are praised for their courage, and enjoined to recover. The language of recovery is permeated by the doctrinaire religiosity of the 12-step movement, pioneered by the founders of AA in the US. This may explain why some victim-advocacy groups can sound cult-like, with their own jargon (‘grooming’, ‘trafficking’, ‘mind control’) and their disdain for non-believers.

But, like any religion, the victim/survivor movement needs new recruits and new spheres of influence. Not satisfied with sensitising society to victims’ needs, they then demand integration within institutional structures, and then wholesale institutional change. The contemporary victim industry, according to Best, mass-produces victims.

Even those who deny prior experience of victimisation are seen as candidates for conversion. Best quotes the comedienne Roseanne Barr from the early Nineties: ‘When someone asks you, “Were you sexually abused as a child?”, there’s only two answers. One of them is, “Yes”, and one of them is “I don’t know”. You can’t say no.’

What Barr alludes to is the concept of ‘gradual disclosure’. Hugely influential with therapists and social workers, this posits that people who have been abused will initially deny it, and need help to overcome their denial. This is a deeply flawed approach, because it assumes that there is always something to disclose. It refuses to countenance the possibility that a denial means there is nothing to disclose. According to researchers, there is no clinical evidence to support the theory of gradual disclosure (2).

November 7, 2013

Children and the early industrial revolution

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

Wendy McElroy talks about the plight of poor children in the early days of the industrial revolution in Britain:

Parish workhouses existed in Britain long before the Industrial Revolution. In 1601, the Poor Relief Act paved the way for parish officials to collect property taxes to provide for the “deserving poor.” In 1723, the Workhouse Test Act was passed to prevent false claims of poverty. Any able-bodied person who wished to receive poor relief was expected to enter a workhouse; its harsh conditions would presumably act as a deterrent. About the same time as the Industrial Revolution (circa 1760-1840), attitudes toward the poor underwent their own revolution. The Napoleonic Wars (1803-1815) not only bled Britain of money; they also created a flood of injured and unemployable men who returned from battle. Those men had families who were plunged into poverty. Between 1795 and 1815 the tab for Britain’s poor relief quadrupled. Meanwhile, the cost of mere subsistence soared because of political machinations such as the Corn Laws, a series of trade laws that artificially preserved the high price of grains produced by British agriculture. Many people could not afford a slice of bread.

But sympathy for the poor was in short supply. Historian Gertrude Himmelfarb’s definitive book The Idea of Poverty chronicles the shift in attitude toward the poor during that period; it turned from compassion to condemnation. An 1832 government report basically divided the poor into two categories: the lazy who sucked up other people’s money and the industrious working poor who were self-supporting. The Poor Law Amendment Act of 1834 instructed parishes to establish “Poor Law Unions” with each union administering a workhouse that continued to act as a deterrent by ‘virtue’ of its miserable conditions. Correctly or not, statesman Benjamin Disraeli called the act an announcement that “poverty is a crime.”

Pauper children were virtually imprisoned in workhouses. And nearly every parish in Britain had a “stockpile” of abandoned workhouse children who were virtually sold to factories. Unlike parents, bureaucrats did not view poor children as loved or otherwise valuable human beings. They were interchangeable units whose presence was a glut on the market because there would always be another poor child born tomorrow. Private businessmen who shook hands with government did not have clean fingers, either. Factory owners could not force free-labor children to take dangerous, wretched jobs but workhouse children had no choice and so they experienced the deepest horrors of child labor. The horror was not because of the free market or capitalism; those forces, along with the family, were among the protectors of children. Child laborers were victims of government, bureaucracy and businessmen who used the law unscrupulously.

Some guidelines on not getting arrested

Filed under: Books, Law, Liberty, USA — Tags: , , — Nicholas @ 09:51

In The Atlantic, Mike Riggs pulls some potentially useful advice from a book by a former FBI and police officer:

Dale Carson is a defense attorney in Jacksonville, Florida, as well as an alumnus of the Miami-Dade Police Department and the FBI. So he knows a thing or two about how cops determine who to hassle, and what all of us can do to not be one of those people. Carson has distilled his tips into a book titled Arrest-Proof Yourself, now in its second edition. It is a legitimately scary book — 369 pages of insight on the many ways police officers profile and harass the people on their beat in an effort to rack up as many arrests as possible.

“Law enforcement officers now are part of the revenue gathering system,” Carson tells me in a phone interview. “The ranks of cops are young and competitive, they’re in competition with one another and intra-departmentally. It becomes a game. Policing isn’t about keeping streets safe, it’s about statistical success. The question for them is, Who can put the most people in jail?”

Which would make the question for you and me, how can we stay out of jail? Carson’s book does a pretty good job of explaining — in frank language — how to beat a system that’s increasingly predatory.

[…]

If police want to hassle you, they’re going to, even if you’re following the above tips as closely as possible. What then? Every interaction with a police officer entails to contests: One for “psychological dominance” and one for “custody of your body.” Carson advises giving in on the first contest in order to win the second. Is that belittling? Of course. “Being questioned by police is insulting,” Carson writes. “It is, however, less insulting than being arrested. What I’m advising you to do when questioned by police is pocket the insult. This is difficult and emotionally painful.”

Winning the psychological battle requires you to be honest with cops, polite, respectful, and resistant to incitement. “If cops lean into your space and blast you with coffee-and-stale-donut breath, ignore it,” Carson writes. Same goes for if they poke you in the chest or use racial slurs. “If you react, you’ll get busted.” Make eye contact, but don’t smile. “Cops don’t like smiles.” Always tell the truth. “Lying is complicated, telling the truth is simple.”

November 5, 2013

Just add lawyers and stir

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

Coyote Blog on the problem with the latest anti-discrimination law:

In reality, this is how it works: Suddenly, as owner of the company, one finds a lawsuit or EEOC complain in his lap, generally with absolutely no warning. In the few cases we have seen in our company, the employee never told anyone in the company about the alleged harassment, never gave me or management a chance to fix it, despite very clear policies in our employee’s manuals that we don’t tolerate such behavior and outlining methods for getting help. There is nothing in EEO law that requires an employee to try to get the problem fixed via internal processes.

As a result, our company can be financially liable for allowing a discriminatory situation to exist that we could not have known about, because it happened in a one-on-one conversations and the alleged victim never reported it.

What I want is a reasonable chance to fix problems, get rid of bad supervisors, etc. A reasonable anti-discrimination law would say that companies have to have a grievance process with such and such specifications, and that no one may sue until they have exhausted the grievance process or when there is no conforming grievance process. If I don’t fix the problem and give the employee a safe work environment, then a suit is appropriate. The difference between this reasonable goal and the system we actually have is lawyers. Lawyers do not want the problem to be fixed. Lawyers want the problem to be as bad as possible and completely hidden from management so there is no chance it can be fixed before they can file a lucrative lawsuit.

November 4, 2013

Law, the military, and the media

Filed under: Britain, Law, Military — Tags: , , , , — Nicholas @ 11:23

Sir Humphrey debunks a recent story in the Telegraph which makes a big deal about the British military hiring more lawyers at the same time as they are disbanding front-line units:

The Forces have always needed effective legal support, and arguably the tiny number of military lawyers provides an utterly vital capability. Its not just about the provision of support to people who understand the arcane intricacies of a military law system which is very complex, and very different to our normal law — though this is extremely important. It’s about the provision of people who bring a vital advisory role to Commanders on the ground, and the wider MOD.

[…]

Similarly, once the direct fighting is over, UK troops often find themselves operating in a very strange environment — one only has to look at Iraq in the aftermath of the initial war fighting phase to realise that its not a clear cut place to operate. The advice offered by in theatre legal personnel can often make a huge difference in helping commanders understand their freedom to operate, and what genuine constraints may affect them. For instance, on a single tour in Iraq, units may have found themselves conducting everything from searches, checking for IEDS, detaining known individuals through deliberate operations, and then engaging in combat — quite possibly in the same day. The requirement for modern troops to adapt very quickly to all manner of situations places a huge burden on them — it is important that they get the best possible guidance to know they are acting correctly. Certainly in this authors experience on both TELIC and HERRICK, the LEGAD advice was often one of the most critical parts of any potential operation.

The same lawyers provide vital services back home — in the Royal Navy for instance, there are a range of in house experts on the Law of the Sea, international maritime disputes and territorial waters and the like. This may sound questionable, but when the RN is daily conducting counter piracy and counter narcotics operations across the globe, or sailing in possible maritime flashpoints where different nations have very different interpretations of maritime boundaries, having a good legal understanding on hand of the art of the possible is absolutely vital.

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