There is a troubling story outside of Washington where journalist Audrey Hudson’s home was searched by federal agents who took documents related to stories and reportedly asked her about stories that she had written that were critical of the Federal Air Marshal program. The agents had a warrant to search for unregistered firearms and a “potato gun.” That apparently required a pre-dawn raid by armed agents of the U.S. Coast Guard, Maryland State Police and the Department of Homeland Security. Presumably, the family was believed to have a whole bushel of potatoes that were considered an arsenal.
Category: Uncategorized
Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger
There used to be a program on one of the television sports channels called World of Speed & Beauty. It was about fast, beautiful and graceful machines on the land, water and air. That is what this story is about. These past few weeks have seen enough tales of woe, bigotry, greed, anger and most of the other deadly sins that I thought we needed something to bring a smile to a few faces. Below the fold are two High Definition videos I hope will do just that.
Almost everyone looks up when they hear an airplane go over. The kid who never grew up still lives in most of us.
Continue reading “Speed and Beauty: A Ballet in the Skies of France”
Submitted by Elaine Magliaro, Guest Blogger
My daughter always got so excited decorating our house for Halloween when she was young. She loved spooky stories and movies…and Halloween as much as she loved Christmas. When I was teaching elementary school, I really enjoyed reading scary stories to my students as well as sharing and writing Halloween poems with them. Since Halloween is just a few days away, I thought I’d post one of my original witch poems and a collaborative class poem written by my second grade students a few years before I left the classroom.
THERE WAS A WITCH
There was a witch who liked to race
Her supersonic broom through space.
At six o’clock last Friday night
She blasted off at speed of light.
She whizzed past Mercury and Mars…
Then headed off toward distant stars.
Across the galaxy she sped,
A black peaked helmet on her head.
Submitted By: Mike Spindell, Guest Blogger
I’d only planned to write one guest blog this weekend, but this morning on Huffington Post I saw a video from a TED lecture. http://en.wikipedia.org/wiki/TED_%28conference%29 The lecture was from Psychologist Elizabeth Loftus http://en.wikipedia.org/wiki/Elizabeth_Loftus who has been studying false memories since the 1970’s. She links what she discovered with one of the failings of our Criminal Justice System, with the false memories reported in court. This is an 18 minute lecture but it is well worth your time and bears directly on the topics we discuss here on the Law Blog. I must note that in it she is critical of certain psychotherapy techniques and I am a psychotherapist. Despite my training and profession I believe her critiques are on point and illustrate one of the problems inherent in some psychotherapies. For any readers that are interested in our legal system and who care about its problems, viewing this will represent time well spent. My technical skills are such that I don’t know how to properly make the video appear in WordPress but if you click on the following link you will be able to see it: Mystery of Memory
Submitted by: Mike Spindell, Guest Blogger
Submitted By: Mike Spindell, Guest Blogger
We have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.
In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth”
Submitted by Charlton Stanley (Otteray Scribe) Guest Blogger
“Nobody is in charge.”
“Low and middle level bureaucrats have no power to make anything happen. The only way they can have any sense of personal worth and power comes from their ability to obstruct.”
– Dr. Dwight W. Allen, Dean Emeritus, College of Education, University of Mass., Amherst.
In 1971, I was having lunch with Dr. Dwight Allen. The conversation was wide ranging, but he has strong views on educational institutions, school boards, why irate parents are irate and making institutions more accountable. At that time the Vietnam war was dragging on, and his views on entrenched power structures applied to our difficulty extricating ourselves from that as well. He co-authored American Schools: The $100 Billion Challenge, with one of his former doctoral students, Dr. William H. Cosby. You may have heard of Dr. Cosby.
Some people use the term “bureaucrat” as an epithet. When George Wallace ran for President in 1972, he railed against “bureaucrats,” saying he was going to take all their briefcases and throw them into the Potomac. Wallace conveniently ignored the fact as Governor of Alabama, he was in charge of a huge bureaucracy that had exactly the same problems he said he was going to fix.
Decades ago, Dr. Laurence Peter pointed out that all organizations with a hierarchical management structure are bureaucracies. Dr. Peter analyzed those structures, and reported many of the same issues Dr. Allen shared with me over lunch. He coined the term, “Peter Principle” to describe how otherwise competent people rise through the ranks until they achieve their “level of incompetence.”
Recently, we see those observations applying to people who are caught up in a Kafkaesque drama at city hall and municipal traffic courts. Public officials and offices are not the only culprits. There are countless tales of woe from people trying to deal with big banks, mortgage companies and faceless collection agencies. Those are problems likely to have more direct effect on us personally than global events in Washington, London or Kabul.
Let’s take the case of Capt. Dave. Dave Petrich, of West Seattle, WA mostly navigates boats around the Puget Sound area rather than vehicles with wheels; hence’ his nickname, “Capt. Dave.” The good captain restores old wooden schooners and runs maritime-history tours. As he put it, “I like to put old boats back to work.”
Continue reading “Capt. Dave and the FarmBoat: Trapped in Limbo When Nobody is in Charge”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
Back in July of this year, we discussed a successful request by oil giant Chevron to subpoena 9 years of metadata from countless defendants and non-defendants. This was arguably an attempt to attack a $19 Billion dollar judgment handed down by an Ecuadorian court against Chevron by going after the parties involved in the lawsuit.
Chevron was not deterred when the United States Supreme Court refused to review the judgment. It merely went on the attack and found an allegedly friendly judge in New York to assist in refusing to pay the judgment owed to various indigenous communities that were devastated by Chevron’s predecessor’s actions in the rainforests where it was drilling for oil. We need to revisit this issue now that the RICO action filed by Chevron started this week in New York. Continue reading “Chevron Owes $19 Billion and Doesn’t Want to Pay!”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use. Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.
Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents. Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.
To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.
While researching this article I had trouble finding articles written on this subject after April of 2013. There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since. In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?”
Submitted by Elaine Magliaro, Guest Blogger
Last week, I wrote a post titled Looking at the Causes of the Public Pension Problem in America. In it, I provided some reasons why states and municipalities may not be able to meet their pension obligations to retiring workers: the financial meltdown and subsequent loss of billions of dollars in pension fund money, the willful underfunding of public worker pensions by states and municipalities, and the “borrowing” of pension money “to finance other budget needs.”
I did not mean to imply that many public pension plans should not be revisited…that many may not need to be reformed…that some individuals aren’t abusing the system. Still, we have not been getting the whole story about the “public pension crisis” in America from the mainstream media. I hope to provide more information on the subject to readers of this blog as I continue my research to find out what’s really going on with public pension reform in this country.
The Institute for America’s Future recently published a report on the subject of pension reform titled The Plot against Pensions, which was written by David Sirota. In his report, Sirota said that many of the pension reforms being advocated today are akin to “President George W. Bush’s proposal to radically alter Social Security”—in that they would “transform stable public pension funds into individualized accounts.” He adds that these pension reforms “would most often reduce millions of Americans’ guaranteed retirement benefits. In many cases, they would also increase expenses for taxpayers and enrich Wall Street hedge fund managers.”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I am sure that you have heard the phrases, “Too Big to Fail” and “Too Big to Jail”, when it comes to the so-called Big Banks. Indeed, the topic has been written about and discussed on many occasions here on Professor Turley’s blog. Fellow Guest Blogger Elaine Magliaro wrote about it here, and I wrote about Big Banks plotting, along with the FDIC and the Bank of England to “steal” depositors money in order to bail out gambling banks, to name a couple of recent articles.
The stories about Big Banks being investigated and fined could fill a very large hard drive. Even with all of those stories and countless others, I was still shocked to read recently about a meeting that JP Morgan CEO Jamie Dimon had with the United States Attorney General, Eric Holder. It was reported that the purpose of the meeting was to discuss yet another financial settlement for alleged JP Morgan irregularities. The numbers they allegedly were discussing were staggering! Continue reading “Is it Time to Break Up JP Morgan?”
Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger
The Laramie Project is a play by Moisés Kaufman and members of the Tectonic Theater Project about the torture-murder of Matthew Shepard, a gay University of Wyoming student in 1998. Mutilated and almost dead, he was found tied to a barbed wire fence just outside Laramie, Wyoming. That fence was the inspiration for the play’s logo. Matthew Shepard died of his injuries shortly after being taken to a local hospital. The murder was called a hate crime, but in 1998 there were few hate crime laws, and there was none in Wyoming.
Shortly after Matthew Shepard was killed, Kaufman and members of the Tectonic Theater Project went to Laramie and interviewed dozens of local people about the murder. The play draws on over 400 hours of interviews with residents of Laramie, as well as company members’ own journal entries and published news reports. The Laramie Project is divided into three acts. Eight actors portray more than sixty characters in a series of short scenes.
The play has been performed all over the US and internationally as well. Venues have included high schools, colleges, and community theaters across the US. As of this writing, The Laramie Project has also been performed at professional playhouses in the United States, Canada, the United Kingdom, Ireland, Australia, and New Zealand. Not surprisingly, Fred Phelps and his merry band of haters have frequently picketed The Laramie Project.
Continue reading “The Ole Miss Incident: The University is Tested Once Again”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
You may be wondering who is this person named Rouhani and why would it be hard to call him/her on the phone? Would you think differently if you knew that Rouhani is Hassan Rouhani and he is the current President of Iran? As reported this past week, after President Obama and President Rouhani had both spoken at the United Nations in New York City, it was rumored that the two might actually meet in person.
While that meeting did not take place, it was reported that President Obama actually called President Rouhani on the telephone. As you can imagine, it was considered a big deal in the media that the Presidents of the United States and Iran had actually spoken on the telephone. On one level, I can understand the importance of the first direct contact between the heads of these two countries since 1979. Additionally, in light of the level of sabre rattling over Syria recently and Iran constantly, I guess it is a big deal..sort of. Continue reading “Was It Really So Hard To Pick Up The Phone And Call Rouhani?”
Submitted by Elaine Magliaro, Guest Blogger
Know much about the Trans-Pacific Partnership (TPP)? If you don’t, it’s not your fault. According to Zoë Carpenter (The Nation), Congress hasn’t heard much about TPP either. That’s because this so-called “free trade” agreement is being negotiated in “extreme” secrecy by representatives of twelve different countries—the United States, Japan, Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Carpenter says that the Obama administration has ignored “repeated calls from legislators to make the process more transparent, while pressing to finalize the agreement this year.”
In his article titled Multinationals Are Plotting to Steamroll What’s Left of Our Democracy to Make Huge Profits, Dave Johnson says that the TPP negotiating process “has been rigged from the start.” While hundreds of representatives of corporate-interest groups have been providing their input— “representatives of labor, human rights, civil justice, consumer, environmental and other stakeholder groups have been kept away from the negotiating table.” Members of Congress have not seen the agreement yet. United States Senators “have been barred from seeing negotiation points or drafts.” The public has been denied any access to TPP negotiating texts. We the people—as well as our elected representatives—are being “kept in the dark” as to what is going on behind closed doors. Yet, “600 corporate advisers” have been involved in the negotiation process. Multi-national corporations like Monsanto and Walmart are helping to craft the agreement.
http://www.contactmusic.com/video/bob-dylan-subterranean-homesick-blues
Submitted By: Mike Spindell, Guest Blogger
Recently, I received from three sources an article that St. George, Utah had passed an ordinance making possession of pornography a crime. The article quoted public figures and gave details on the new law. When I researched the story, I could not confirm its origin despite its attribution to CNN. It now turns out to be a hoax by the “National Report” but the editors succeeded in convincing many on the Internet that it was true. I am once again left confused why this is funny or considered a form of creative satire. This is more akin to graffiti except that it spreads rumors that are harmful or offensive. Most of us have fallen victim to such hoaxes in the fast-moving Internet world but this is an organization that appears dedicated to embarrassing people and degrading the national debate on important issues like homosexual rights or free speech.