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Category: Law

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Congress Approves $500 Billion For Monument To Human Folly

As reported by The Onion, “Congress Approves $500 Billion For Monument To Human Folly.”

In recognition of mankind’s inherent propensity for tragically foolish decisions, Congress allocated nearly $500 billion Monday for the construction of a new national monument honoring human folly.

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Court reporters and multitasking

If you are one of those people who finds it difficult to multitask (I am one of those), you might appreciate this story involving court reporters. I work as a lawyer during the day, and quite often I need to take depositions, which are reported in real time by court reporters who use a special keyboard to take down every word of the deposition. The best court reporters are truly incredible to watch. To be a court reporter, you need to take down at least 200 words per minute without mistakes. You would think that trying to take down every word spoken by everyone in a room would completely occupy your working memory, but good court reporters can do their work proficiently with mental processing capacity to spare.

Last week I spent an entire day taking depositions. After the depositions were finished, I asked the court reporter what she was daydreaming about. She smiled, because she knows that experienced court reporters are perfectly capable of daydreaming about such things as grocery shopping or going to the beach at the same time that they are taking down every syllable of every word spoken in the room.

I asked this particular court reporter how often she has to go back and look at her transcript to see what was being said, because she was thinking about something else at the time she was taking down the testimony. She told me that she was once working for a judge who was going to sentence a man convicted of murder. The big question that day was whether the man would be put to death or whether he would get a life sentence. This court reporter was assigned to preserve all of the court proceedings regarding this momentous sentencing. After she was done taking down the testimony, and after she left the courtroom, someone asked her whether the judge sentenced the accused to death. This woman hesitated before replying that she did not know, even though she was a court reporter. To find out, she went back to her tape (the strip of paper on which the court reporter’s keyboard prints out the testimony), and looked for the critical part. She found out that the judge had actually sentenced the man to death, but she had no memory of this.

I asked her whether she is ever asked to read back testimony during a court proceeding or deposition at a time where she became nervous that she might not have been accurately taking down the testimony. She stated that this never happens, and that she is always confident that she’s taking down the testimony accurately. If something starts going wrong, her full consciousness kicks in and she deals with the unusual situation fully aware. She has never been caught not taking down the testimony accurately.

I find it pretty amazing that someone could have their working memory so thoroughly occupied in the linguistic sense, and yet be able to think about other things. It’s even more amazing that when the court reporters daydream or think, they are often doubly-employing their linguistic abilities. It just seems like this would be impossible, but it’s commonplace.

Most of the court reporters today use a special stenographic keyboard, but there are a few who speak into something that looks like a muzzle. They hear the testimony in the courtroom with their own ears and simultaneously speak those words into this muzzle-device which is recorded by a tape recorder. In short, they “shadow” the testimony with their own voice. Later, someone types out that the court reporter’s words into a transcript. I’ve spoken to some of these muzzle-device court reporters over the years, and they to tell me that they are able to think about other things were daydream while they are taking down the testimony.

If you are wondering why we even have court reporters, that would be a good question. The main advantage is that when you have a court reporter, you have a person who is in a position to swear to the accuracy of the transcript, indicating who said exactly what. A tape recorder would simply record the sounds, and might not accurately pick up the exact words that were being spoken (for instance, because someone is mumbling or gesturing). When these sorts of things happen at a deposition, human court reporters ask the witness to speak up or to state their testimony in words rather than gesturing. This makes for a more accurate and more readable transcript. That said, some courtrooms are now employing tape recorders in lieu of court reporters.

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Gagging the experts when discussing the war on drugs

Jim Webb introduced a bill to “create a blue-ribbon commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom.”

How shall we proceed? A recent amendment to Webb’s bill by Republican Senator Charles Grassley would bar the commission from “considering” “legalization” of presently controlled substances. See also, this post by Law Enforcement Against Prohibition.

Rolling Stone reports in more detail:

Enter unreconstructed drug warrior Sen. Chuck Grassley, who has released the text of an amendment that would ensure the commission not reach any conclusions that threaten 40 years of failure. The commission would be prohibited, thanks to Grassley, from examining any “policies that favor decriminalization of violations of the Controlled Substances Act or the legalization of any controlled substances.”

Here’s the text of Grassley’s proposed gag rule:

SEC. ll. RESTRICTIONS ON AUTHORITY.
The Commission shall have no authority to make findings related to current Federal, State, and local criminal justice policies and practices or reform recommendations that involve, support, or otherwise discuss the decriminalization of any offense under the Controlled Substances Act or the legalization of any controlled substance listed under the Controlled Substances Act.

Therefore . . . let’s figure out how to revamp our criminal justice system but let’s not discuss the elephant in the room: the fact that the “war on drugs” that has ruined more lives than drugs ever could have ruined. It’s important to keep in mind that some conservatives see the light on the “drug war.”

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How the Bible allegedly trumps the law

In this 2007 video, an unrelenting reporter from the BBC exposes the entitled mindset of an illegal Israeli settler:

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Fundamentalism, Fox, and … Scientology?

Fundamentalism, Fox, and … Scientology?

I was recently chatting with a friend who has been a Scientologist for several decades. He was attacking the White House for its conspiracy with other networks to censor and muzzle Fox News. He later sent me this screed on the Campaign for Liberty blog under the Subject “Fox News is Right”. The CfL is one of the political arms of Scientology. Check out their mission and board if you want. The introduction to the post is (in part, go read it yourself):

Why is America under such a vicious and prolonged [internal] attack against its basic beliefs? Why are some Americans attacking the hand that feeds them? Why tear down a working system? None of the attacks make sense. It is as though we are living in a looking glass world. I am looking backwards and it seems left is right and wrong is right and right is wrong. Politically correct speak replaced plain speak and the silent Christian majority are called domestic terrorists.

Okay, I paused at this point and replied (in part):

Lost me at “silent Christian majority”. An iconic building in every neighborhood, billboards every mile, ads every hour on radio and TV channels not already owned outright by Christian networks, and their creed printed on money and embedded in children’s daily oath to the flag does not fit my definition of “silent”.

I didn’t mention the wholesome Christian activities of blockading health clinics, continuous protests with gory signs on streets and campuses, bombing clinics and shooting doctors.

But the actual point of the article is that the KGB is alive and well and still trying to take over America via a conspiracy with the Psychiatric Industrial Complex. They have (the article claims) powerful mind control methods that are being used on the public.

If so, I asked in reply, how did we ever manage to get rid of CheneyBush?

Today, my friend sent me (among other Scientology political pieces) a YouTube video attacking Obama’s plan to sign the latest international emissions control treaty. It took a while of watching to figure this out, among the doomsayer speech of One World Government, global warming denialism, and the demise of America and such. Many of the positive comments to the video seem to be from garden variety End Days Christians, but the platform is quite visibly Scientology.

The point of all this is, Why are the Scientologists aligning with Fox and Christian Fundamentalists? For recruitment? For political palatability? To hijack a powerful propaganda machine?

Read and listen to what they actually say, and get back to me.

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Bond raters hiding behind First Amendment

This is insanity: The bond raters, those three big Wall Street companies that rated crappy mortgages to be great investments, thereby plunging the country into economic chaos, are hiding behind the First Amendment. They are claiming that they can’t be sued for the financial equivalent of calling a mouse an elephant, because their work product is just an “opinion.” We charge millions of dollars for giving you a rating, and you can’t hold us accountable because it’s an “opinion.”

I’ll tell you this: I work as a lawyer. If a screw up someone’s case because I give him bad advice (in return for charging her a fee), she could (rightfully) sue me for malpractice. If I raised the defense that I can’t be sued for terrible advice because it was merely “an opinion,” I’d be laughed out of court with an adverse judgment tattooed onto my forehead. That the courts aren’t letting these ratings firms get hammered makes you wonder whether the unspoken defense is “too big to fail.” If they didn’t have this ridiculous “First Amendment” defense, the smug and irresponsible raters would be ripped apart by millions of justifiably irate plaintiffs.

And, of course, Congress is in no hurry to beat back the ratings firms’ lobbyists and hold these jokers accountable for all of the 401K’s they’ve trashed.

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The Monsanto monster

The Monsanto monster

Monsanto has been a target for many years. They have a terrible environmental and health record, they have harassed small farmers for years, they’ve bribed officials in Indonesia, and they’ve joked about performing “rural cleansing” (a play on the words “ethnic cleansing”, i.e. genocide), and told small seed cleaners that rather than buy them out, “We’d rather put you out of business, it’s more fun that way.” All this from the company that brought Agent Orange to Vietnam, resulting in 400,000 deaths and disabilities, as well as 500,000 children born with birth defects.

However, in the world of corporate PR, no sin is too big. Monsanto has sought to remake its image as the company that’s helping to feed the world. Their website claims that “We apply innovation and technology to help farmers around the world produce more while conserving more. We help farmers grow yield sustainably so they can be successful, produce healthier foods, better animal feeds and more fiber, while also reducing agriculture’s impact on our environment.” High claims, to be sure. Too bad we don’t know if they hold up to scrutiny.

A new article by the editors of Scientific American explains the situation:

To purchase genetically modified seeds, a customer must sign an agreement that limits what can be done with them. (If you have installed software recently, you will recognize the concept of the end-user agreement.) Agreements are considered necessary to protect a company’s intellectual property, and they justifiably preclude the replication of the genetic enhancements that make the seeds unique. But agritech companies such as Monsanto, Pioneer and Syngenta go further. For a decade their user agreements have explicitly forbidden the use of the seeds for any independent research. Under the threat of litigation, scientists cannot test a seed to explore the different conditions under which it thrives or fails. They cannot compare seeds from one company against those from another company. And perhaps most important, they cannot examine whether the genetically modified crops lead to unintended environmental side effects.

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Phelps versus Armstrong

Phelps versus Armstrong; safe marijuana v. dangerous alcohol. As David Sirota explains, it’s all a tale of deep hypocrisy when Phelps is pilloried for smoking in private while Armstrong is AOK for hawking beer in public.

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John McCain’s attempt to privatize the Internet

John McCain’s attempt to privatize the Internet

I’ve often written about net neutrality. See this post on the meaning of net neutrality and this post on the recently introduced “Internet Freedom Preservation Act of 2009.”

Today, Senator John McCain made it clear that he is not in favor of a free and open Internet. He believes that access to the Internet should be entrusted to the telecoms. As reported by PC World,

McCain’s bill, the Internet Freedom Act, seeks to do the opposite of what its name implies by ensuring that broadband and wireless providers can discriminate and throttle certain traffic while giving preferential treatment to other traffic. Basically, those in power or those who pay more will have better access. Apparently we have different definitions of ‘freedom’.

What is McCain’s rationale for this terrible bill? It’s yet more free market fundamentalism:

“Today I’m pleased to introduce the Internet Freedom Act of 2009 that will keep the Internet free from government control and regulation,” McCain said. “It will allow for continued innovation that will in turn create more high-paying jobs for the millions of Americans who are out of work or seeking new employment. Keeping businesses free from oppressive regulations is the best stimulus for the current economy.”

Here’s a bit more background on McCain’s mindset, which consists of a war of misinformation (keep in mind that during the presidential campaign, McCain admitted that he didn’t even know how to use a computer):

McCain was on the opposite side of the Net neutrality debate from President Barack Obama during last year’s presidential campaign. During his White House campaign, President Barack Obama came out strongly in favor of Net neutrality, which is backed by companies such as Google, Amazon, Yahoo!, eBay and consumer advocacy groups, but opposed by telecommunications, wireless and cable companies.

In short, since U.S. citizens have retained such immense control over the television and radio airwaves (this is sarcasm and here’s Exhibit A), we’ll hand the Internet over to private corporations too. The solution to McCain’s attempt to hand control of the Internet to big profit-hungry corporations is to require McCain to subject himself to cross-examination in real-time by someone like Lawrence Lessig, or any other rational person who is knowledgable about net neutrality. McCain would be one or two simple questions from being exposed as either naive or corrupt.

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The CPSC’s searchable data base regarding dangerous products

The CPSC’s searchable data base regarding dangerous products

Here’s an idea that is so obvious and so important that we can expect to see great political pressure to dismantle it. In accordance with the Consumer Product Safety Improvement Act of 2008 (CPSIA), the Consumer Product Safety Comission (CPSC) is assembling its public database which will be a central location:

[W]here consumers can go to report product safety incidents, and to search for prior incidents and recalls on products they own, or may be thinking about buying. In conjunction with the web site launch, CPSC will also conduct a public awareness campaign to raise awareness of SaferProducts.gov.

The reason for the database is to “Protect and Inform the Public,” according to the CPSC’s recent report, which further provides that the database information:

• provides more timely dissemination of alerts and other information to the public and industry,
• increases public access to product incident and recall data by making consumer product safety information available more rapidly, and
• provides a publicly available, searchable, and easy-to-use database for use by consumers, industry, and CPSC staff.

This CPSC database is not yet operational, but by March 11, 2011 (according to the current CPSC report), any consumer will be able to post complaints regarding dangerous products on this national database. The CPSC will review these complaints for accuracy. According to the CPSC,

All incident data submitted via SaferProducts.gov will be subject to CPSC review to verify its authenticity – that the submitters are who they say they are. Any data or incident reports found to be materially inaccurate will either be corrected or will not be published. Furthermore, CPSC will have the ability to remove or correct incident data that has already been published should it determine that the data is materially inaccurate.

This all sounds like a good idea, right? I think so. I would make this prediction, though. There is going to be a massive outcry from the Chamber of Commerce regarding this database and huge push in Congress to make the database less useful. Admittedly, such a database will embarrass and damage manufacturers of dangerous products. If misused, it could damage compliant manufacturers, and that would be a bad thing too. The focus should be on protecting consumers from dangerous products, though.

If I’m sounding overly-concerned that the Chamber will try to bring down the database, it’s because I just read an article called “The CPSC’s Searchable Consumer Product Incident Database,” in October 2009 issue of For the Defense, a publication of the Defense Lawyer Institute. The article repeatedly takes the position that consumers will be irresponsibly reporting incidents of dangerous products. Here’s an excerpt:

Under the plan as currently proposed, the consumer submitting an incident report is not required to provide any proof or evidence to support the alleged incident. Instead, the consumer is only required to “click” on an electronic button next to an existing webpage statement that indicates that the consumer verifies “that the information is true and accurate to the best of my knowledge.”

Horrors! Consumers will merely report what they think happened without any “‘proof or evidence”! I suppose that the manufacturers will insist that nothing should go on the database unless either A) there is already a trial where the widow of the guy who was electrocuted by the toaster prevails or B) where the manufacturer and the consumer agree to the facts.

Here’s another excerpt from the lawyers representing the manufacturers (from the same DRI article):

Without procedures to prevent the disclosure of inaccurate reports pertaining to a company’s products, the Internet publication of inaccurate, accessible, anonymous consumer product incident reports will be inevitable.

Anonymous? See the above portion of the CPSC report requiring the CPSC to verify “that the submitters are who they say they are.” Inaccurate? See the above portion of the CPSC report: “Any data or incident reports found to be materially inaccurate will either be corrected or will not be published.”

So what would the manufacturers propose to protect consumers from products that explode, cut or burn consumers? Here’s what I suspect: that there would be no publicly accessible CPSC database, and that most consumers would remain as they are today–in the dark.

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Amazon Accidentally Increases Internet Disinformation

Amazon Accidentally Increases Internet Disinformation

We have previously posted regarding the latest reprint of Darwin’s “The Origin of Species”, by Ray Comfort. If you don’t know about it, it has a 50 page forward full of untruths, confusion, and misdirection in an attempt to discredit the original text that follows. Yes, he’s trying to use Darwin to discredit 200 years of thoroughly tested evolutionary biology.

Unfortunately, Amazon.com reviews and ratings confuse it with another (reputable) reprint by the same name, as discussed in detail here:

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California court declines to publish anti-camera decision

California court declines to publish anti-camera decision

Many of us have been caught by those increasingly ubiquitous red-light cameras. Police departments and local governments argue that these sorts of cameras improve safety and increase revenue. Studies are increasingly putting the lie to the safety claim, but nobody’s disputing that these traffic enforcement mechanisms bring in revenue.

The Wall Street Journal reported in March that

… a study in last month’s Journal of Law and Economics concluded that, as many motorists have long suspected, “governments use traffic tickets as a means of generating revenue.” The authors, Thomas Garrett of the St. Louis Fed and Gary Wagner of the University of Arkansas at Little Rock, studied 14 years of traffic-ticket data from 96 counties in North Carolina. They found that when local-government revenue declines, police issue more tickets in the following year. Officials at the North Carolina Association of Chiefs of Police didn’t respond to requests for comment.

California state law prohibits compensation to operators of these red-light cameras based on the number of tickets issued. Localities have been side-stepping this law through “cost-neutrality” provisions, which allow the cities to pay the operators up to a certain monthly amount. After that cap is reached, the city keeps all the revenue beyond that point. The intent of the law is to remove an incentive to ticket as a means of increasing revenue to the private operators. There is now a second appellate court ruling that has struck down the red-light programs as illegal under the state law.

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Rage and Injustice

When people ask why laws must be changed to protect behavior that seems “outside” social norms, it can sometimes be difficult to make the point that rights must accrue to individuals and their choices or they mean nothing. So when a woman is stoned in some backwater country for adultery (whether she is in fact married or not) or a young girl has her clitoris snipped off without having any say in the matter or when a child is allowed to die from a treatable illness because his or her parents believe that only prayer can save them or when people are denied basic civil rights because they don’t play the social game the same way as everyone else or—

If this were an issue of a racially mixed marriage, everyone would be aware and outraged. In this case it is not, it is a lesbian couple with children, who suffered a dual outrage—the first being denial of partner’s rights at the hospital where one perished and the second being the dismissal of a lawsuit brought by the survivor against those who callously disregarded their basic humanity. The assumption by strangers that because they didn’t fit some cookie-cutter definition of Normal that their fundamental humanity could be abridged in a life and death situation is not something that is redressable other than by law, because without a law people will make up any old justification to be assholes. And without a law, the rest of us will let them get away with it.

Read the story. Be outraged. But do not be silent.