RSSCategory: Law

Common Sense, Grammar, and Original Intent

April 8, 2013 | By | 1 Reply More
Common Sense, Grammar, and Original Intent

According to recent polls, a growing number of Americans believe that the Second Amendment was put in the Bill of Rights in order to guarantee that our government will not impose any kind of tyranny upon us. That an armed populace is a bulwark against government oppression. [More . . . ]

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The “war on drugs” by the numbers

April 7, 2013 | By | 8 Replies More

Think by Numbers describes the so-called “war on drugs” with statistics. I think this government program is better described as a welfare program for those who want to believe that they are making communities safer when they are actually cranking up the price of substances that are, for the most part, comparable to substances already offered legally by Big Pharma, thereby injecting violence into communities–especially in the case of marijuana. This article is written in the form a letter to President Obama:

Every minute someone is arrested for simple drug possession in the United States. In 2011, marijuana possession arrests totaled 663,032. Despite your claims that going after recreational pot users in states where it is legal is not “a top priority”, your administration has continued to aggressively target dispensaries that are in compliance with state law. I and others have shouldered the $10 billion annual cost of arresting and incarcerating hundreds of thousands of people for the possession of marijuana. These arrests are often for small quantities for personal use. . . . What’s worse, the money you are stealing from me isn’t even having any impact on the level of illicit drug use. You are just tearing apart thousands of families for no reason. Addiction rates are at exactly the same level that they were before we spent $1.5 trillion dollars on “drug control measures”.

Do check out the graphs in the article. If you want the same conclusions from the perspective of career law enforcement officers, check out the website of “Law Enforcement Against Prohibition (LEAP).

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China hesitates to employ rough justice drone attack

April 6, 2013 | By | Reply More

Glen Greenwald reports that when the Chinese government sought out the murderer of 13 Chinese citizens, the use of drones was not an option:

What kind of weak, soft, overly legalistic government worries about trivial concerns like international law and “sovereignty issues” when it comes to drone-killing heinous murderers for whom capture is difficult? Why not just shoot Hellfire missiles wherever you think he might be hiding in weaker countries and kill him and anyone who happens to be near him? Or if you are able to find him, at least just riddle his skull with bullets, dump his corpse into the ocean, and then chant nationalistic slogans in the street and at your political conventions. Who would ever want to give a trial to such a heinous and savage foreign killer of your citizens, particularly if it means risking the lives of your soldiers to apprehend him? What China did instead was conduct what the NYT this morning calls a “methodical and unyielding” law enforcement investigation over the course of six months.

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Pay for Delay

March 31, 2013 | By | Reply More
Pay for Delay

Why is it that generic drug makers sometimes delay entering the market, sometimes long after the drug patent expires? This is another tale in corporatocracy, told by Alternet:

[I]magine you’re a big-time drug company. You want to keep competitors off the market as long as possible. Your move is to basically sue the pants off the generic drugmaker for copyright infringement, setting in motion a long and tortuous legal process. And these usually end with “pay-for-delay” deals. The brand-name drug company pays the generic manufacturer a cash settlement, and the generic manufacturer agrees to delay entry into the market for a number of years. In the case before the Supreme Court, the drug company paid $30 million a year to protect its $125 million annual profit in AndroGel, a testosterone supplement.

It’s hard to see this as anything but bribery, designed to preserve a lucrative monopoly for the brand-name drug maker. In fact, this is what the Federal Trade Commission has argued for over a decade. They consider it a violation of antitrust law, arguing that the exchange of cash gives the generic manufacturer a share of future profits in the drug, specifically to prolong the monopoly. As SCOTUSBlog summarizes from the FTC’s court brief, in the regulator’s view, “Nothing in patent law … validates a system in which brand-name companies could buy off their would-be competitors.” Indeed, everyone wins with pay-for-delay but the consumer: the FTC estimates that the two dozen deals inked in 2012 alone cost drug patients $3.5 billion annually, with the brand-name and generic manufacturers splitting the ill-gotten profits.

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Checkpoint refusals

March 22, 2013 | By | 5 Replies More

These drivers really know the law, to the consternation of these border patrol agents.

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Putting mortgage trustees under the microscope

March 21, 2013 | By | Reply More

I’m going to offer several facts, then I’ll ask a few questions.

  • Many states allow foreclosures to occur entirely outside of the court system. In these “non-judicial” foreclosure states, a “trustee” is deemed to be a “neutral” party charged with the duty to make sure that the foreclosure process is fair.
  • Since 2008, U.S. banks have foreclosed on more than 10 million families. About half of these have been non-judicial foreclosures supervised by trustees.
    Trustees are appointed by the banks at the time homeowners take out their home loans. These trustees are strangers to the homeowners, but highly paid repeat-player legal advocates for the banks.
  • Many foreclosures occur despite the fact that homeowners are disputing whether the foreclosure should occur at all. In many of these cases, the homeowner claims that he or she has made all mortgage payments timely, indicating that the bank has lost or misallocated the payments. In significant numbers of these cases, the homeowner has offered written proof that he or she has made every mortgage payment on time. In other cases, the bank unjustifiably added charges to the bill (such as forced-place insurance, even though the home-owner already has insurance) and the homeowner refuses to pay these bogus charges. On other occasions, the bank has mangled the accounting, giving the homeowner no confidence that the bank has any idea of what is owed or what has been paid.
  • I have seen each of these situations in cases I’ve handled. Despite knowledge of each of these problems, the “neutral” trustee in each of these cases nonetheless proceeded with the foreclosure.
  • On occasions too numerous to count, homeowners facing unjustified foreclosures had turned for help and advice to these supposedly “neutral” trustees, calling them up and asking questions. In many of these cases, the trustees gave the customer terrible legal advice—advice that was helpful to the banks and harmful to the homeowners. In many cases, the trustees gave the homeowners no advice at all, indicating that the customers should simply pay the banks unwarranted late fees and back interest, or else lose their homes.
  • Many “trustees” are also law firms (consumer advocates refer to them as “foreclosure mills”), who in addition to falsely claiming that they are “neutral trustees,” also serve as attorneys in fact to the banks.

    [More . . . ]

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Considering Cults and the Need for Meaning

February 27, 2013 | By | 10 Replies More
Considering Cults and the Need for Meaning

Recently, I finished reading Lawrence Wright’s new book, Going Clear: Scientology, Hollwood, & the Prison of Belief, about Scientology. It’s a lucid history and examination of the movement. [More . . . ]

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Big banks complicit with online payday lenders.

February 25, 2013 | By | Reply More

Big banks are providing the funds for online payday lenders. This story from the NYT is not the least bit surprising, not that it makes this article any less disturbing.

While the banks, which include giants like JPMorgan Chase, Bank of America and Wells Fargo, do not make the loans, they are a critical link for the lenders, enabling the lenders to withdraw payments automatically from borrowers’ bank accounts, even in states where the loans are banned entirely. In some cases, the banks allow lenders to tap checking accounts even after the customers have begged them to stop the withdrawals.

The article indicates that without the backing of the big banks, many of these payday lenders would cease to exist.

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FBI entrapment revs up “terrorism” prosecutions

February 17, 2013 | By | Reply More

From Alternet:

In the ten years following 9/11, the FBI and the Justice Department indicted and convicted more than 150 people following sting operations involving alleged connections to international terrorism. Few of these defendants had any connection to terrorists, evidence showed, and those who did have connections, however tangential, never had the capacity to launch attacks on their own. In fact, of the more than 150 terrorism sting operation defendants, an FBI informant not only led one of every three terrorist plots, but also provided all the necessary weapons, money, and transportation.

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