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Category: Law

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The Charter for Compassion: simple kind-hearted affirmation of others

Karen Armstrong’s “Charter for Compassion” is a new and eloquent re-affirmation of the golden rule. Her Charter is not based upon any particular religious tradition. Rather, it is based on the recognition that compassion (the golden rule) is the centerpiece for all worthy moral systems. Armstrong, formerly a nun was recently interviewed by Bill Moyers, and had this to say:

[T]his is the beginning of something. We’re writing a charter which we hope will be sort of like the charter of human rights, two pages only. Saying that compassion is far more important than belief. That it is the essence of religion. All the traditions teach that it is the practice of compassion and honoring the sacred in the other that brings us into the presence of what we call God, Nirvana, Raman, or Tao. And people are remarkably uneducated about compassion these days. So we want to bring it back to the center of attention. But then, it’s got to be incarnated into practical action.

. . . Compassion doesn’t mean feeling sorry for people. It doesn’t mean pity. It means putting yourself in the position of the other, learning about the other. Learning what’s motivating the other, learning about their grievances. So the Charter of Compassion was to recall compassion from the sidelines, to which it’s often put in religious discourse and put it back there.

I do believe that this type of approach is sorely needed in the modern world. We need an approach that can be embraced by every good-hearted person, religious or not. This Charter is something simple enough and powerful enough to combat the egoism, arrogant intellectualism, arrogant religions, consumerism and xenophobia that are screwing up so many of us.

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Welcome to our store! . . . sort of . . .

Welcome to our store! . . . sort of . . .

Customers of this Dollar Tree store in St. Louis are greeted with the following signs located on the main entry door:

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Here’s how I interpret the above: Welcome, honored guests, but it you rip us off, we’ll throw your ass in the slammer before you can even utter “Merry Christmas.”

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Church To State: “Do What We Want Or Else.”

The divide between church and state seems on the one hand to be growing but on the other narrowing, especially when you consider how intrusive established religions have been. Representatives of the Catholic Church sat in Nanci Pelosi’s office of late while negotiations for the health care bill were ongoing, overseeing what she would do about abortion.

Now this.

Any way one reads this, it comes out as a threat. The quid pro quo is explicit. “If you don’t bend to our will on this, we will stop services your city relies on.”

I have in the past believed that the tax exempt status of religions was a necessary work-around to preserve the fiction of separation. In the past, there have been instances of state intrusion directly into religions in, for one example, state funding for programs in parochial schools. There was always a quid pro quo in such offers and practices.

But never has a representative of the state sat in the office of a minister while he drafted a sermon to be sure certain details got left out or included. Never, despite massive abuses by religious institutions in real estate and related financial areas, has the state moved to revoke 501(c)(3) status. It may be that any state official who tried it would be booted out of office summarily, but nevertheless that has been the unspoken law of the land.

Seems the courtesy doesn’t go both ways. If that’s the case, I think it is time to revisit the whole issue. If the Catholic Church sees itself as providing services as an arm of the civil service sector and allows itself the conceit that it may use that service as a lever to influence political decisions, then they have implicitly given up due consideration as an inviolate institution, free from state requirements of taxation and regulation.

Seems fairly clear cut to me. Obviously, there will be those who disagree. But it’s time, I think, to seriously reconsider the state relationship to so-called “nonprofit” “apolitical” tax exempt institutions.

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Kelo vs. New London revisited

Kelo vs. New London revisited

Remember the case of Kelo vs. New London? Briefly, it was a case in which homeowners including Susette Kelo sued their municipality to stop it from taking their homes using the power of eminent domain. The city wanted to raze the homes and redevelop the area, making it shiny and new to complement the anticipated Pfizer pharmaceutical research facility. After all, one musn’t allow the shabby dwellings of the peasantry to mar the image of success and corporate uniformity that one is trying to project:

So, the politicians picked a 24-acre lot and sold it Pfizer for $10, adding on special tax breaks. Also, state and local governments promised $26 million to clean up contamination on the lot and a nearby junkyard.

But Pfizer executive David Burnett thought New London needed to do some more cleaning. “Pfizer wants a nice place to operate,” the Hartford Courant quoted Burnett in 2001. “We don’t want to be surrounded by tenements.” The old Victorian houses in the Fort Trumbull neighborhood next door did not match Pfizer’s vision - a high-rise hotel or luxury condominiums would be more fitting.

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Might makes right in East Jerusalem

Defying international law, Jewish Settlers continue to evict Palestinians from their homes and demolish their homes. According to this report from Al Jazeera, this pattern has been recurring all over East Jerusalem.

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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.