Homeland Security Border Suspicionless Searches of U.S. Citizens Ruled Unconstitutional

You might be surprised to hear that U.S. federal government has been demanding to inspect the digital content of the phones, computers and other devices of many U.S. citizens re-entering the U.S. even though the government lacked any suspicion of wrong-doing by the U.S. citizen. That's insane, right?

Now after a long battle by the ACLU and the Electronic Frontier Foundation, a federal judge has ruled that the Department of Homeland Security has been acting illegally when it does that. This is a big victory against our own government, which was acting unreasonably and oppressively.

Common Dreams reports:

"This is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices," EFF senior staff attorney Sophia Cope said in a statement.

The lawsuit, Alasaad v. McAleenan, was filed by EFF, the national ACLU, and ACLU of Massachusetts on behalf of 10 U.S. citizens and one lawful permanent resident who had their devices searched without warrants. The suit named as defendants the Department of Homeland Security and two agencies it oversees—Customs and Border Protection as well as Immigration and Customs Enforcement.

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My New Project – Cognitive Science Book on False Dichotomies

I haven’t mentioned this to many people until now, but I’m in the early stages of writing a book. I will be focusing on about two dozen false dichotomies that ill-define us. Much of my research involves cognitive linguistics and embodied cognition, but I will touch on many other areas too. Even though I’m just getting started, the process has been both exhilarating and exhausting. Two months ago, when I hit the go button on this project, I didn’t appreciate that this would turn out to be perhaps the most challenging project of my life—these ideas are spilling out of my computer and permeating many other parts of my life, including my practice of law, my art and conversations I’ve been imposing on close friends and random strangers. Throughout my life, I’ve often been told that I’m “different” in that I often crave conversation that challenges me. I've been told that I'm severely allergic to chit chat. I plead guilty to that, and it feels like this allergy is getting worse. It's difficult for me to stop thinking about this project these days.


My outline is currently 100 pages and it will probably get a lot longer before I start trying to distill and wrestle it into a couple dozen digestible chapters. I’m been actively outlining my book for two months. Reviewing the literature has often been like drinking out of a fire hydrant, even though I’ve been given a big assist from the past. I’m repeatedly feeling grateful that the younger version me decided to A) audit dozens of credit hours of graduate level cognitive science classes at Washington University and B) write about many of these topics for twelve years at this website. I wouldn’t have had the audacity to undertake this project without both of these investments. I conclude this even though I can now see that many of my prior writings were naïve and wrong-headed.

I’m lucky to be in a position to dedicate substantial chunks of uninterrupted time to this. It sometimes even feels like a calling, which sounds so terribly self-important. To temper this self-confidence, a voice in my head often whispers that this endeavor is only for my own satisfaction and that I don’t have anything of substantial value to add to ongoing vigorous worldwide conversations by numerous brilliant writers who have made careers doing deep dives into the human condition. That might be correct. We’ll see, but I’m still going to give this a try.

Why does this project speak to me? Once you wrap your head around the past several decades of research of cognitive scientists, once you are no longer merely passively enjoying these concepts, something transformative happens. Once you start breathing these concepts, feeling them in your bones and muscles, almost everything changes, and it can sometimes be scary. I remember a conversation 20 years ago with a close friend. We were discussing a paper I wrote on the role of attention on moral decision-making. I will never forget that look she gave me.

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I Cannot Read your Mind. Or your Face.

I'm not good at reading other people's minds, even when they think that I should have seen the emotions on their faces. Now there is science substantiating that I am not unusual in this regard.

Most of the time, other people can’t correctly guess what we’re thinking or feeling. Our emotions are not written all over our face all the time. The gap between our subjective experience and what other people pick up on is known as the illusion of transparency. It’s a fallacy that leads us to overestimate how easily we convey our emotions and thoughts.

The above excerpt is from an excellent blog, Farham Street.
Therefore, if we happen to be together, if you want to make sure that I understand what you are thinking, please use your words!

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Law in the Trenches: A Warning that the Practice of Law is Not Always Glamorous

My friend Joe Jacobson has often regaled folks on Facebook with his stories from the legal trenches. I love how Joe keeps an even keel and works hard to give others the benefit of the doubt, even when things get thorny.

I usually get along swimmingly with opposing counsel. The better they are at trial law, the easier it tends to be to get along (a lot of people find this surprising). Today, however, I had a long difficult conversation with a young opposing attorney and I struggled to give the opposing attorney the benefit of the doubt. Here’s what happened. I hope you find this somewhat entertaining and doesn’t simply come across as whining.

Here’s the background: A federal judge appointed me to take over legal representation for a man who filed his own lawsuit alleging that he had been physically abused by prison guards. For technical reasons, only the guards are parties to the lawsuit, not the prison. I’ve taken a few depositions of individual witnesses, but I decided I needed a Rule 30(b)(6) “corporate representative” deposition of the prison to finish my discovery. This rule (30(b)(6) can be a power and powerful technique for learning information lodged in the inner belly of big organizations like prisons. Therefore, I sent out my subpoena and notice of corporate representative deposition last week, listing about 25 topics I wanted to discuss. The government attorney’s job is to fill the deposition chair with one or more witnesses who can answer my questions about those topics under oath.

Today’s phone call was from the government attorney, who was complaining about the way I set forth my topics. He annoyed me from the start with his know-it-all tone of voice. Here’s how the conversation went:

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Americans pretend there are free markets in many industries

I figured it out myself when I traveled. The airfares in Europe and the Middle East are surprisingly affordable. I bought asthma inhalers in Lebanon, Turkey and Spain for about $3 each. Equivalent medicine in the US costs $85 per inhaler, $120 if you don't have insurance.

I was primed to notice an excellent Article in The Atlantic, "The U.S. Only Pretends to Have Free Markets." Here's an excerpt:

Internet service, cellphone plans, and plane tickets are now much cheaper in Europe and Asia than in the United States, and the price differences are staggering. In 2018, according to data gathered by the comparison site Cable, the average monthly cost of a broadband internet connection was $29 in Italy, $31 in France, $32 in South Korea, and $37 in Germany and Japan. The same connection cost $68 in the United States, putting the country on par with Madagascar, Honduras, and Swaziland. American households spend about $100 a month on cellphone services, the Consumer Expenditure Survey from the U.S. Bureau of Labor Statistics indicates. Households in France and Germany pay less than half of that, according to the economists Mara Faccio and Luigi Zingales.

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