Archive for the ‘Law’ Category

China and US Relations under Pressure

Thursday, April 20th, 2006

Yeah, we hear a lot about the impending economic clash between the aging colossus that is the US and the rising behemoth of China and it’s new middle class, but where the relations between our two nations will really be strained is in the case of human rights, though the current administration doesn’t seem to be too concerned at all:

In a surprise outburst that cast a diplomatic shadow, a screaming protester confronted President Bush and Chinese President Hu Jintao and interrupted the welcoming ceremony on the White House lawn Thursday. Bush later apologized to the Chinese leader.

"President Bush, stop him from killing," the woman shouted, to the surprise of hundreds of guests spread across the lawn on a sunny, warm day. "President Bush, stop him from persecuting the Falun Gong" - a banned religious movement in China.

Standing beside Bush, Hu had just begun his opening remarks when the woman started yelling in Chinese and English. Bush leaned over and whispered to Hu, "You’re OK," indicating the Chinese leader should proceed. Hu, who had paused briefly, resumed speaking even though the woman kept screaming for several minutes before security officers forcibly removed her.

The woman had obtained temporary press credentials as a reporter for a Falun Gong newspaper and positioned herself on a camera stand in front of the two leaders. A cameraman tried to put his hand over her mouth before uniformed Secret Service officers hustled her away.

Chinese leaders place high importance on protocol and symbolism, and Bush moved promptly to deal with the protest on the lawn. Once they reached the Oval Office, Bush apologized to his guest.

"He just said this was unfortunate and I’m sorry it happened," said Dennis Wilder, acting senior director for Asian affairs on the National Security Council staff.

Hu was gracious in accepting Bush’s apology, Wilder said. The two leaders moved on in their talks and it was not mentioned again in several hours of meetings. In what the White House described as a sign of their friendship, Hu and Bush sat next to each other at the luncheon - a departure from traditional protocol that would have them at different tables.

Yeah I guess you have to play to foreign officials for good diplomacy, but Bush, for all his "I love freedom" rhetoric should maybe more upset that a woman was gagged in a free speech-loving country for decrying the human rights violation of another country than that this outburst upset his guest. He wants to export democracy somewhere, maybe China should be the next port of call, if their tariffs aren’t too high.

This has been Andy D.

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Don’t Ask, Don’t Tell, Back in Your Closet… um…. Cell

Saturday, April 8th, 2006

A corrections officer in a Norfolk, Massachusetts prison is being censured in some undisclosed manner for showing inmates Brokeback Mountain two days after it’s US release. The film now notorious for depicting a gay love affair between two cowboys is off-limits to inmates not because of its narrative content but because of the graphic nature of the hot tented gay sex depicted therein - which, if stereotypes are to be believed is really no different from what inmates subject each other to everytime they take a shower.

In fact this could be a good case for conjugal visits for those with same-sex civil unions; if, you know, anyone in the Norfolk criminal justice system is full-time gay, not just a swishy seasonal lock-up prison bitch gay.

Hmmm, maybe this is actually not a good case for that at all.

This has been Andy D.

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Silver Ring Touch Your Thang

Friday, February 24th, 2006

The only problem I have with government funding is when they are put to use in specifically religious purposes, especially proselytizing. Bully for Massachusetts:

The federal government agreed to stop funding a nationwide program that promotes teen abstinence to settle a lawsuit alleging the money was used for Christian proselytizing.

The agreement was reached Wednesday between the Department of Health and Human Services and the American Civil Liberties Union.

Under the deal, the Silver Ring Thing program won’t be eligible for more funding unless it ensures the money won’t be used for religious purposes.

Yes, now the burden lies with the organization seeking the funds. This is copasetic with both the (dis)Establishment and Free Exercise Clauses is it not? That whole Silver Ring Thing was guilty of being lame if not of being outright religious. I can’t even believe they were getting government funding to begin with.

This has been Andy D.

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The Naivete of Moz-zilla

Friday, February 24th, 2006

So I read this article today after my boss sent me an email about it:

Singer Morrissey was quizzed by the FBI and British intelligence after speaking out against the American and British governments.

The Brit is a famous critic of the US-led war in Iraq and has dubbed President GEORGE W BUSH a "terrorist" - but he was baffled to be hauled in by authorities.

Morrissey explains, "The FBI and the Special Branch have investigated me and I’ve been interviewed and taped and so forth.

"They were trying to determine if I was a threat to the government, and similarly in England. But it didn’t take them very long to realise that I’m not.

"I don’t belong to any political groups, I don’t really say anything unless I’m asked directly and I don’t even demonstrate in public. I always assume that so-called authoritarian figures just assume that pop/rock music is slightly insane and an untouchable platform for the working classes to stand up and say something noticeable.

"My view is that neither England or America are democratic societies. You can’t really speak your mind and if you do you’re investigated."

Then I forwarded it to my girl, to which she responded:

"I always assume that so-called authoritarian figures just assume that pop/rock music is slightly insane and an untouchable platform for the working classes to stand up and say something noticeable"

Wow, how naive.

So true. As an artist, free speech is a big issue, with tons at stake. But free speech is always at stake in this country, with the judicially-teased-out exceptions like libel, fighting words, obscenity, etc. These exceptions aren’t in the First Amendment, and I wonder why. Moz is still Naive, he should whine out a song about it.

This has been Andy D.

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Under No Roof: Vaguely UnConstitutional, Patently Unjust Ordinances

Wednesday, February 22nd, 2006

Okay, so I’ve had some good discussion with Donovan over the State’s stake in this issue, and the definition of family in general.

Then I come across the story of an ordinance that just seems limiting of freedoms for reasons that are not only vague, but also seem patently un-Constitutional AND just unreasonably limiting of freedoms. St. Louis:

Olivia Shelltrack finally has her dream home. Her family moved into the five-bedroom, three-bath frame house in Black Jack last month. But now she fears she and her fiance face uprooting their children because of a city ordinance that says her household fails to meet Black Jack’s definition of a family.

Shelltrack and Fondray Loving, her boyfriend of 13 years, were denied an occupancy permit because of an ordinance forbidding three or more individuals from living together if they are not related by "blood, marriage or adoption." The couple have three children, ages 8, 10 and 15, although Loving is not the biological father of the oldest child.

"I was basically told, you can have one child living in your house if you’re not married, but more than that, you can’t," she said.

The couple appealed the denial of an occupancy permit last week at a hearing before Black Jack’s board of adjustment. Shelltrack said board members asked her and Loving personal questions about their relationship, their children and their previous home in Minneapolis, from where they moved, for nearly an hour. Then the board denied the couple’s appeal. The case now goes before Black Jack’s municipal court.

At the hearing, Shelltrack said, one board of adjustment member, Norma Mitchell, even pointed at her and asked, "I don’t understand why you as a woman didn’t exercise your right to marry that man," before being hushed by another board member.

Mitchell refused to comment. She referred all calls to Black Jack Mayor Norman McCourt, who defended the ordinance.

"This is about the definition of family, not if they’re married or not," he said. "It’s what cities do to maintain the housing and to hold down overcrowding."

Overcrowding? I think this excuse just masks, thinly masks at that, the sentiments by the reaction of Ms. Norma Mitchell; some traditional, atavistic, ideal of family and a home that exists almost for its own sake. The annals of our law books are riddled with obscure ordinances that haven’t been enforced for ages. This seems like one of them, but here is a family, however un-sanctioned by government, that has to defend themselves against some puritanical law with the guise of preventing overcrowding. It’s a five bedroom house. Five people in the house. Not unreasonable. Why does their relationship as viewed by the State matter?

I live with two roommates here in New York in a three bedroom apartment. Three of us, three bedrooms. Were we in St. Louis, or the suburbs thereof, our living situation would be illegal because we aren’t related by neither blood, adoption, nor marriage. These people actually have blood shared in children - who cares if it hasn’t been legitimated. As a property owner, one of them should be able to do way more than have those they deem live under their roof.

Is this anti-commune legislation?

Is this a coup for Common Law?

I’m really baffled. I think this interferes with that whole "pursuit of happiness" bit of liberty.

This has been Andy D.

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Unfolding Judicial Death Penalty Coup

Wednesday, February 22nd, 2006

I oppose the capital punishment because I don’t think the government, any government, should have the power over life and death over it’s citizens - the same reason I’m opposed to the draft.

That said, here is a case where the judiciary may have a decisive role in the Constitutionality of the death penalty - the government can’t force people to be its executioners:

State officials on Tuesday postponed indefinitely the execution of a condemned killer, saying they would be unable to comply with a judge’s order that a medical professional administer the lethal injection.

Prison authorities called off the execution after failing to find a doctor, nurse, or other person licensed to inject medications to give a fatal dose of barbiturate, said Vernell Crittendon, a spokesman for San Quentin State Prison.

"We are unable to have a licensed medical professional come forward to inject the medication intravenously, causing the life to end," he said.

It was unclear when the execution would be carried out, but the delay could last for months because of legal questions surrounding California’s method of lethal injection.

The 24-hour death warrant for Michael Morales was set to expire at 11:59 p.m. Tuesday. After that, state officials have to go back to the trial judge who imposed the death sentence in 1983 for another warrant.

The procedural legal bureaucracy, and how it unfolds will be interesting to watch.

This has been Andy D.

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Socially Darwinian Statistics

Friday, February 17th, 2006

Okay this is crazy:

"We find that unattractive individuals commit more crime in comparison to average-looking ones, and very attractive individuals commit less crime in comparison to those who are average-looking," claim Naci Mocan of the University of Colorado and Erdal Tekin of Georgia State University.

Mocan and Tekin analyzed data from a federally sponsored survey of 15,000 high-schoolers who were interviewed in 1994 and again in 1996 and 2002. One question asked interviewers to rate the physical appearance of the student on a five-point scale ranging from "very attractive" to "very unattractive."

These economists found that the long-term consequences of being young and ugly were small but consistent. Cute guys were uniformly less likely than averages would indicate to have committed seven crimes including burglary and selling drugs, while the unhandsome were consistently more likely to have broken the law.

Social science can’t even quantify human experience, and have mostly stopped trying, I don’t know what these economists expect to do. Also, there is an old saying about there being no such thing as an unattractive woman, only a lazy one. I think the same can also be said of men, and it’s not even about laziness really - it’s more about confidence and self-esteem. What attracts people to each other is not just cheek bones and good skin, it’s mostly one’s demeanor.

This research seems vulgar and asinine. I mean that’s what an ugly person would say. Stupid fatties.

This has been Andy D

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Why I love Kanye West

Friday, February 10th, 2006

I like Kanye West a whole lot. Not only did the guy destroy Bush with his "George Bush does not care about Black People" comment after Katrina, he also called the rap and black community out on their gay-bashing homophobia. Then he makes several really damn good songs. He wraps it all up with a swagger made of balls and magic. Now he asserts his rightful place is the Bible:

The JESUS WALKS hitmaker, who picked up three Grammy Awards [this week], feels sure he’d be "a griot" (West African storyteller) in a modern Bible.

He says, "I bring up historical subjects in a way that makes kids want to learn about them. I’m an inspirational speaker.

"I changed the sound of music more than one time… For all those reasons, I’d be a part of the Bible. I’m definitely in the history books already"

Yes! exactly. As obnoxious as overly-confident people can be, they are less irksome to me than those who think they aren’t good enough.

This has been Andy D, Kanye walks with me.

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When Paradigms Rule Us

Thursday, February 9th, 2006

Even though I’ve ostensibly left academia and my degree of Anthropology stands alone now in the private sector, I still notice patterns in human behavior around me and I make my own little ethnographies, observations about these patterns one of which I will share here:

So I view culture as a behavioral strategy for living. We invent these tools to make our lives easier and the world over people have found different ways of living, different cultures through an ever-changing process - this is culture. Everything we do is part of culture, it is inescapable, no one really lives outside of culture, even pariahs have their due place. That said, the tools we invent, the parts of culture have a funny relationship with us, the human beings from whence they come. Some end up being served by people rather than serving people. Ex: money.

Economics in all it’s forms is a tool - a way of quantifying time and labor and trading between peoples. The problems with it are Marxian and two-fold. One, while time and labor is being quantified, there is someone doing the quantifying - the true capitalists. They are the owners of the wealth, while the proles have their time and labor added up and sold off, someone else owns it - the wealthy minority. Second, when the culture is consumer-driven, as ours increasingly is, the financial paradigm tends to be the shaping force to which humans must adapt rather than the tool it perhaps was meant to be, adapting to the use of capital P People rather than capital C Capitalists.

Okay so that’s my one-paragraph vulgar break-down of money. I know it’s more complex. More salient an example is that of drugs, legal ones. I see a story like this in which people are dying from a drug that treats a problem unknown thirty years ago:

Twenty-five people died and 54 more suffered serious cardiovascular problems after taking drugs to treat attention deficit hyperactivity disorder between 1999 and 2003, the government says.

Children accounted for 19 of the deaths and 26 of the cases of nonfatal cardiovascular problems, including heart attack, stroke, hypertension, palpitations and arrhythmia, according to a Food and Drug Administration report released Wednesday.

The FDA report also includes data on another 26 deaths between 1969 and 2003 in ADHD drug patients. Those include death by suicide, intentional overdose, drowning, heat stroke and from underlying disease.

 

 

To be fair, HIV/AIDS was also unknown as many years ago, but ADHD has no known vectors like a virus. This is purely a lifestyle illness. Now hypochonriasis is also cultural. But that can’t account for all of the kids on Ritalin. I think the disease itself is a product of culture.

Listen, the paradigm of child raising has worked in the past in our culture. Sure there are gross aberrations that either people don’t like to talk about or obsessively surround in specific discourse like school shootings, and bullying, child molestation, etc. Well I see the same thing here. Kids since the inception of the public school system have sat for eight hours a day with glorified baby sitters long before they are able to gain much from education. Now teachers and councilors are over-medicating children, obviously to deadly proportions. Perhaps the kids are alright. Maybe it’s the paradigm that needs to sit. Maybe kids were never meant to sit under fluorescent light in little desks and raise their hands to answer questions for eight hours a day so that their parents can go and sit under fluorescent lights in a little cubicle and get some of that money to feed their kids, without having to care for them.

This all seems spurious, and I don’t have much to back this up other than observation and reasoned rhetoric, but hey thought pieces are what they are.

I’m not indicting our culture here any more than it needs to be. But in the world anthropology describes, the world is literally what we make it. We are constantly remaking the world and revolutions happen all the time, are always in danger of happening, and they happen when things stop working for us and enough of us get pissed about it. They are extreme, but they are never far off.

This has been Andy D.

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Sheehan’s T-Shirt is Better than You

Saturday, February 4th, 2006

Yeah, sorry I have to call bullshit on Esperanto as well, and a little bullshit on Nick. Now I don’t know exactly why Esperanto was protesting the wars in Afghanistan and Iraq, but my best reason for doing so is exactly Cindy Sheehan’s plight. So to read that Esperanto believes that Sheehan’s son was expected to die for unworthy as a "fact of life," it is immediately apparent that this is the very reason Sheehan is legitimated. Yes her son did volunteer for the armed forces, to defend the country, not to act as a mercenary force to defend the country’s multinational corporate interests. The armed forces should exist only to keep the citizens safe from outside aggressors. And that the link between what happened on 9-11 and Al-Qaeda, and what is happening in Iraq and with Saddam is so tenuous (still no evidence of WMDs), only galvanizes this as more than a shitty fact of life, it is a premeditated unjust attack on a horrible foreign regime that intended us no discernable outward harm, at least no more than 15 years ago when all of this happened the first time.

Esperanto doesn’t want to field the racist/classist argument:

And spare me the argument that some, even most, people enlist because they’re poor, the army pays for college, etc etc. I agree that it’s true, but it has nothing to do with this.

Fine, how about this one: So Sheehan’s son was a hero for volunteering to dies for his country, but he was also a sucker (as are for trusting that country to not recklessly endanger his life for an unworthy cause. Bush as the Commander-in-Chief of that military is a criminal for wasting Sheehan’s sacrifice on economic interests masked by thinly-veiled and poorly-supported political ends.

Word.

People die for their country to prevent another Rape of Nan King or another Holocaust, not to keep their SUV’s running. We are serving the paradigm of economics, a tool invented to help us survive, instead of it serving us. Now people are dead because of it. That is injustice.

Esperanto’s argument for Cindy’s position as a protestor is bullshit. Unlike Esperanto who got an empowered feeling, all warm and fuzzy marching on Washington, Cindy is compelled by grief, caused by the injustice of her nation to drop her life and camp out on Texas lawns. She dies every time she has to explain her protest - just look at her face - her humanity is bleeding all over it. She’s not the jury, she’s the judge, as is every citizen of this damn country from whom the government derives it’s power. Maybe Cindy has theatrics going on, but only to combat Bush’s. So for Esperanto to say that he "wouldn’t deny Cindy Sheehan an ounce of her grief," to chastise her for not keeping silent her grief is to do just that.

This is where I call bullshit on Nick: Cindy was invited by a Californian Congresswoman to attend the SOTU, she had a legitimate right to be there. Just has did all the other people present. So here’s where Nick and all those who use this argument fall short:

People were assembled to listen to the speech of the President. It was a closed, invitation-only assembly with rules to restrict anything that the organizers considered a disruption. They could have limited the event to government employees if they so chose.

But the government employees made more fuss than Cindy ever could. The entire Democratic side applauded their own efforts against "saving social security" during the speech. They interrupted, for a political demonstration. And somehow they had the right to do so. The president even became noticeably flustered and defensive. How about the shot of Hillary shaking her head when Bush brings up the wiretaps? That was a protest. Certainly the organizers saw that as a disruption? Hillary had the right to that camera time, not just as a congresswoman, but as a citizen. If Bush can make a Lenny Scutnik out of Daniel Clay and his family, why can’t Cindy Sheehan be a Lenny Scutnik too?

She can. The Constitution says that from time to time the president will address Congress on the State of the Union, and from Thomas Jefferson to Woodrow Wilson - note, most of presidential history - the SOTU was delivered in the form of a letter, not a speech. When addressing Congress directly, not only does the president not have a Constitutional right to have all the attention (I think his position in the room and the many microphones gives him enough advantage), but he also has to factor in the presence of the congress, part of which may not like him. Hell, you want to get down to it, all 58 standing ovations were disruptions, but Bush wasn’t complaining. And those standing ovations a whole side of the room didn’t take part in were disruptions of the disruptions as well, protests even by our duly-elected congress people.

If our Congress had any real life in it, they would do as British Parliament do and constantly vocalize their protests and their support, at all times. Just watch the BBC soemtime when Parliament is in session - Tony Blair has to dodge more shit than I thought a room full of people could produce.

Most of the metaphors Nick and Esperanto use are ridiculous. This isn’t a damn movie theater, if it were, everyone would have been ejected after the second standing ovation. This wasn’t a private business, this was the Capitol building. Permit to protest be damned Cindy had a right to wear whatever shirt she wanted, As the Constitution says as much about the extents of the freedom of expression on Govt. property as it does about the SOTU having to be delivered in the form of a speech.

Besides, contrary to what Nick says you actually can shout anything in a theater. You do stand to be ejected from the theater, but if Fire or Bomb is what you shout then you stand to be arrested. So there is a distinction. The Police acted as though Cindy shouted "fire" or "bomb" and I’m convinced it’s not because of the shirt at all, it’s because she is a fire, she is a bomb, and her cause is more righteous than anything I’ve ever seen. I would have liked to see her go off.

She had the right.

This has been Andy D

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