Category: Uncategorized

Lockup Quotas and “Low-Crime Taxes” Helping to Make Money for the Private Prison Industry

PrisonCellSubmitted by Elaine Magliaro, Guest Blogger

In the Public Interest (ITPI), which describes itself as “a comprehensive resource center on privatization and responsible contracting,” released a report this month titled CRIMINAL: How Lockup Quotas and “Low-Crime Taxes” Guarantee Profits for Private Prison Corporations. The report provides information about “the prevalence of prison occupancy guarantee provisions in prison privatization contracts.” ITPI said that it had “identified 77 county and state-level private facilities nationwide and collected and analyzed 62 contracts from these facilities.” Of the contracts that ITPI reviewed, 65% contained occupancy requirements that ranged between 80% and 100%–with 90% being the most frequent quota guarantee.

ITPI found that the states of Arizona, Louisiana, Oklahoma and Virginia were locked into contracts with the highest occupancy guarantee requirements. All four states had quotas requiring an occupancy rate between 95% and 100%.

Continue reading “Lockup Quotas and “Low-Crime Taxes” Helping to Make Money for the Private Prison Industry”

Kentucky Psychology Board vs. the First Amendment. Oh My!

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

John Rosemond syndicated columnist psychologist
John Rosemond

Kentucky Psychology Board SealSixty-five year old North Carolina family therapist John Rosemond was having a day much like any other day last May, until he opened the certified letter from the Attorney General for the Commonwealth of Kentucky. In a Cease and Desist letter, the Kentucky Attorney General advised him the Kentucky psychology licensing board had determined that by publishing an advice column in the Louisville Herald-Leader, he was practicing psychology without a license. The letter warned him that if he did not cease and desist, he faces criminal penalties which includes both fines and jail time. The Attorney General thoughtfully enclosed an affidavit which John was to sign and return, promising that he would forever give up his life of crime.

You read that right. John Rosemond, syndicated columnist, is being threatened by the Commonwealth of Kentucky that he might face stiff fines and jail unless he stopped writing his advice column in Kentucky newspapers. Naturally, John did what any self-respecting reporter or columnist would do. He got a lawyer. He contacted Jeff Rowes of the Institute for Justice who agreed to take the case, and last July 16, Mr. Rowes and local counsel, Richard Brueggeman, Esq., filed a 45-page lawsuit in the US District Court for the Eastern District of Kentucky.

Continue reading “Kentucky Psychology Board vs. the First Amendment. Oh My!”

Remarkable People: Sabrina Jackintell, a Woman for all Seasons

Submitted by Charlton Stanley, Guest Blogger

Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways…Chardonnay in one hand…chocolate in the other…body thoroughly used up, totally worn out, screaming “WOO HOO, What a Ride!”

author unknown, but often attributed to Hunter S. Thompson

Sabrina J Hi Res
Sabrina Jackintell
Photo by Jim Foreman
Used with permission

Lately the news seems to be nothing but a non-stop stream of woe, outrage, tragedy and lawlessness. Instead of focusing on the latest outrage of the day, I decided to do a series of stories about people who inspire. This is the first installment of a series of stories about people who inspired me (and many others) in one way or another. I hope the reader will find them fascinating and inspiring as well. Not necessarily stories about celebrities, although some may be familiar names, but real people who led extraordinary lives.

Women do not get the recognition they deserve, and to compete in a male dominated world, have to be twice as good at everything. Barbara Jordan once said, “Life is too large to hang out a sign: For Men Only.” I am an admirer of women who are smart, strong, competent and accomplished. I was married to a woman like that for 55 years, but lost her two years ago.

This story is about one of those women. Sabrina “Sib” Jackintell died last year at the age of 71, just two weeks before her 72nd birthday.

Continue reading “Remarkable People: Sabrina Jackintell, a Woman for all Seasons”

Nullification-Missouri Style

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Show Me state, has been making news lately.  Unfortunately, the news it has been making has nothing to do with the St. Louis Arch or the baseball Cardinals, but its legislature’s penchant for attempting to nullify Federal laws that it does not agree with.  The State of Missouri is working hard to nullify Federal gun laws and Obamacare.

“If you ever wondered what a 21st century nullification crisis would look like, look no further than Missouri. One hundred and forty eight years after the end of the Civil War, the New York Times reports, “the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them.” Meanwhile, the Show Me State is doing everything it can to effectively block implementation of the Affordable Care Act.” Daily Kos

I guess Missouri wants to Show the rest of the nation that the Constitution and its Supremacy Clause is not worth the parchment it is written on.  In case you are not sure what is meant when a State tries to nullify a Federal law, here is a little primer on the subject. Continue reading “Nullification-Missouri Style”

Encryption and the Spymasters: Is Privacy Dead?

Submitted by Charlton Stanley (aka Otteray Scribe) Guest Blogger

ImageImageFirst there was WikiLeaks, then there was Edward Snowden. The drip, drip, drip of information about secretive spy agencies continues. There have been bombshell revelations about the extent to which government agencies like the FBI, CIA, NSA and others are invading our most private communications. Of course, spies do what spies do, and that is to spy on whoever or whatever they can get away with. Few people understood the implications of PRISM when news of the program was leaked. Additionally, I suspect that despite revelations of its existence, the full extent of its capability and reach will never be known by the public.

The NSA reportedly paid tech companies millions of dollars to cover the cost of compliance with their “requests” for back-door access to the software package.

Another program to keep in mind is the FBI Stingray operation that sucks up wireless telephone communications. Last May, in the first litigation where the government admitted having Stingray, Arizona Federal District Judge David Campbell dismissed a motion to suppress.  Judge Campbell is a George W. Bush appointee. PDF of his ruling is here.  Last July, the ACLU filed a Freedom of Information Act lawsuit in the Northern District of California, in an effort to learn more about Stingray, and if it is scooping up domestic phone calls.
Continue reading “Encryption and the Spymasters: Is Privacy Dead?”

Should the High Teacher Turnover Rate in Charter Schools Be a Cause for Concern?

SchoolTeacherSubmitted by Elaine Magliaro, Guest Blogger

In a recent New York Times article titled At Charter Schools, Short Careers by Choice, Mitoko Rich wrote of how charter schools seem to be developing something of a “youth cult” in their teaching ranks. She reported that in the charter network “teaching for two to five years is seen as acceptable and, at times, even desirable.”

Teachers in the thirteen YES Prep Schools, which are located throughout Greater Houston, have a reported average of two and a half years of experience. The teachers who work for Achievement First—which has 25 schools in Connecticut, Brooklyn, and Providence, R.I.— “spend an average of 2.3 years in the classroom.” And the individuals who teach in the KIPP schools and the Success Academy Charter Schools stay in the classroom for an average of four years. This youth culture—or culture in which most classroom practitioners have little teaching experience— differs from that of our country’s traditional public schools where teachers average nearly fourteen years of experience…and where public school leaders have made it “a priority to reduce teacher turnover.”

In the NYT article, Jennifer Hines, senior vice president of people and programs at YES Prep, was quoted as saying, “We have this highly motivated, highly driven work force who are now wondering, ‘O.K., I’ve got this, what’s the next thing?’  There is a certain comfort level that we have with people who are perhaps going to come into YES Prep and not stay forever.” (Note: New teachers at the YES Prep schools receive just two and a half weeks of training over the summer before arriving in the classroom.)

Continue reading “Should the High Teacher Turnover Rate in Charter Schools Be a Cause for Concern?”

Eight-Year-Old Raped By 40-Year-Old Man; Told By Indian “Caste Council” To Marry Man’s Son; Then Raped Again By Same Man

India flagWe have yet another case of the rape of a child in an Indian province. In Jaipur, a six-year-old girl was raped by a 40-year-old man, identified as Kailash. Rather than go to police, the family went before a “caste council” or panchayat that ordered the family to marry the girl to the eight-year-old son of the alleged rapist. As negotiations continued with the caste council and the victim’s family, the girl was allegedly raped again by the man.

Continue reading “Eight-Year-Old Raped By 40-Year-Old Man; Told By Indian “Caste Council” To Marry Man’s Son; Then Raped Again By Same Man”

Pennsylvania Police Officer Shoots Man Holding A Pair Of Underwear

mEIAoV8RMVk9qX0sippr3sQJames Weyant could be forgiven for being just a little confused.  Weyant was walking in an alley at 4 am when an Altoona, Pa., police officer pulled up next to him.  Weyant was holding a pair of Guitar Hero shorts in his hand and turned toward Police Officer Mark Sprouse, who promptly shot him. The officer was cleared in the shooting. He is now suing with a 1983 Civil Rights Act complaint.

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Bayou Corne Sinkhole: A Growing Enviornmental Disaster in Louisiana

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

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Salt Dome Illustration by the Louisiana Department of Natural Resources

There are gigantic salt deposits under the state of Louisiana. Geologists tell us the salt dome under Assumption Parish is about the same size as Mt. Everest. Some of the deposits are as deep as 35,000 feet as shown in this not-to-scale drawing. In fact, huge salt deposits are under large patches of the North American continent along the Mississippi River valley all the way up to Lake Erie. The city of Cleveland is sitting on top of a large salt deposit.

Salt settled out of the water when these areas were part of the ocean as the continent of North America was forming. We have all seen what happens if you dissolve salt in water. It reaches a saturation point, where no more salt can be dissolved. At that point, the excess salt settles to the bottom. That process is still going on at the surface in places like the Great Salt Lake and the Dead Sea. Once the water evaporates, it leaves behind places like the famed Bonneville Salt Flats. The excess salt in the water in those formative years of this continent settled out into enormous deposits. The primary deposits of salt are deep underground, as far as ten thousand feet or more. However, like glacier ice, solid crystal salt becomes somewhat plastic under great pressure. At ten thousand feet, the overburden of rock and sediment creates pressures of thousands of pounds per square inch. Salt deposits find weak places in the rock, and start squeezing upward in plumes, called “salt domes.” These extrusions come nearer the surface, making the salt more accessible so it can be mined. When I lived in Louisiana as a kid, I remember the salt mines being an everyday topic of conversation. The salt is not only used for food, but has many industrial uses as well. During World War Two, the salt mines provided essential minerals used in the manufacture of ammunition and high explosives. Salt mining in Louisiana has been going on since before the Civil War. Some of the mine shafts go down as much as ten thousand feet, and some of the salt caverns that have been mined are enormous.

Continue reading “Bayou Corne Sinkhole: A Growing Enviornmental Disaster in Louisiana”

Say What? Lobbyists Are Getting Public Pensions in Some States

Seal_of_New_York_svgSubmitted by Elaine Magliaro, Guest Blogger

Let me introduce you to Stephen Acquario. He’s a lobbyist who spends much of his time in New York’s State House. He is the executive director and counsel of the New York State Association of Counties. He earns $204,000 a year—more than the governor of New York. He also gets to drive around in a Ford Explorer, his company car. And even though Acquario is NOT a government employee, he IS entitled to a full public pension.

According to a recent review by the Associated Press, Acquario is one of hundreds of lobbyists working in a number of states who qualify for public pensions “because they represent associations of counties, cities and school boards.” The Associated Press reported that state legislatures had “granted them access decades ago on the premise that they serve governments and the public. In many cases, such access also includes state health care benefits.”

Mark Karlin, editor of BuzzFlash at Truthout, wrote a commentary on the subject of lobbyists getting taxpayer funded pensions. In his commentary, Karlin said that during a period of austerity “when a key goal of those with means is to cut pensions that have been fairly earned by public employees, it is astonishing to read that some lobbyists in 40% of US states get paid pensions from the public trough.” He added, “Many of these non-governmental employees represent lobbying associations at the forefront of trying to reduce public pensions while ensuring that they keep their own, even though their salaries are not paid by any governmental body.” He said it was “preposterously hypocritical.” He added that it was “another scam wrapped in a lofty excuse”—pointing out that Acquario claims “that his group gives local government a voice in the statehouse, and the perk of a state pension makes it easier to hire people with government expertise.”

Continue reading “Say What? Lobbyists Are Getting Public Pensions in Some States”

Relative’s “Perfect Match” Donor Kidney Accidentally Thrown Out in Trash at UTMC

KidneyDiagramSubmitted by Elaine Magliaro, Guest Blogger

(Updated Below)

Imagine that you have end-stage renal disease and that you need a new kidney in order to survive. Imagine that a perfect match has been found for you—a kidney from your younger brother. Imagine that you and your brother are admitted to the University of Toledo Medical Center (UTMC) for kidney transplant operations. Imagine waking up after surgery and discovering that your brother’s kidney was removed from his body but not transplanted into yours.

All this actually happened in August of 2012 to a twenty-four-year-old woman named Sarah Fudacz. Fudacz said that she knew something had gone wrong as soon as she was being led out of surgery. “I lifted up my shirt and there was no incision.” She and her brother found out later that a nurse had mistakenly thrown away her brother Paul’s healthy kidney thinking that it was medical waste.

“Somebody wasted part of my brother,” Sarah Fudacz said. “I thought this was going to be the end of it and I’d finally start feeling better. I remember just asking over and over again, what happened?”

Continue reading “Relative’s “Perfect Match” Donor Kidney Accidentally Thrown Out in Trash at UTMC”

Trumped!

Submitted By: Mike Spindell, Guest Blogger

495px-Donald_Trump_by_Gage_SkidmoreMost readers of Jonathan Turley’s blog are concerned with the direction that this country has taken of late. In truth the problems we see are merely the manifestations of a long term trend that has resulted in a lack of respect for our republican form of government as defined by our Constitution. One merely has to go through the range of stories covered only in this past week’s Jonathan Turley blogs, to understand that we are at a critical juncture in our nation’s history. The issue to me is whether our country goes fully down the road towards empire. The phenomenon of a nation with overwhelming military superiority becoming imperial is a drama played out over and again over eons on the world’s stage. With empire perforce comes the trappings of an imperial state and with it the creation of an elite class defined by the term “nobility.” When a society defines an elite, whether called “the Nobility”; “the Cream of the Crop”; “The Upper Crust”; or even “Celebrities”; you can be certain the need to have an “underclass” becomes imperative.  From a psychological standpoint once someone has the need to define themselves as being “elite”, they of necessity have to have people of “lesser worth” to compare themselves to and to differentiate their status. For a society to maintain this status hierarchy there then arises the necessity to have the “underclass” see ”their betters” as superior beings, living superior lives to their own. The “elite” must by definition be more beautiful, more wise and smarter than the “mob” beneath them. The “elite” set the trends and the fashions and it seems the “mob” is always one or two steps behind their lead. I believe that this is what we are observing today in our country. As an example within the past month we have been treated to the spectacle of one cable news network (CNN) devoting 24 hours of exclusive coverage to the birth of an heir to the English Throne.

To my mind there is no person in America who exemplifies the trend to establish a 21st Century nobility in this country, via celebrity, than the man now known as “The Donald”, the sadly ubiquitous Mr. Trump. As a New Yorker at the beginning of this man’s rise to fame, I watched with amusement and then disgust as he turned himself into a “brand” that to us common folk represented wealth, fame and its attendant luxury. Continue reading “Trumped!”

Alternative Sentences and Punishment: Creative or Inhumane?

Submitted by Charlton Stanley, guest blogger

pilloryThere is no dispute that jails are overcrowded. Many counties spend millions on new and improved jails, only to have them fill to capacity the first day they open. This is nothing new. Some judges have found themselves faced with the dilemma of sentencing a defendant to jail, but there is literally, “No room at the inn.” Some chief judges have been forced to order felony inmates released before their sentences were up, simply to make room for new inmates.

 Some judges, especially at the municipal and county levels, have turned to creative sentencing. Some of the sentences seem to fit the crime and make one smile at the same time, such as sentencing young adults with ‘boom-box’ cars ticketed for loud music to spend anywhere from an hour to all day listening to classical music, jazz, bagpipes and oriental music. There was one judge who played saxophone in a jazz band, and he would throw in a few recordings of his own music. I don’t know how good the judge is on the sax, or whether that might come under the heading of cruel and unusual punishment.

There are a number of cases where slumlords were ordered to live in their own slum properties. One of those cases was used as the story line on a TV crime drama program several years ago.

Public shaming has been tried as an alternative sentence. Wearing sandwich board signs in public proclaiming their idiocy to their friends and neighbors, wearing a chicken suit, and whatever else the judge thought appropriate. When the Stolen Valor Act was in effect, one defendant was sentenced to 500 hours of community service working with groundskeepers tending the graves at the nearest National Cemetery. I don’t have a problem with making the sentence fit the offense, but some go too far, and some are far too lenient. Lack of consistency or rules for alternative sentences results in lack of fairness to both victims and defendants. It is the other extreme from mandatory minimum sentences where the judge has no discretion at all.flogging scars

This weekend, Jonathan Turley, our blog host, debated Professor Peter Moskos on NPR. Mr. Moskos is a former police officer and now teaches law. He has written on the subject of alternative punishment, and the title of his most recent book, In Defense of Flogging, is provocative if nothing else. He also authored a column in the Washington Times entitled, Bring Back the Lash: Why flogging is more humane than prison.

Sorry, Professor Moskos. Fifty years after Dr. King gave his famous speech on the steps of the Lincoln Memorial, I don’t think we want to go there.

Ever again.

Continue reading “Alternative Sentences and Punishment: Creative or Inhumane?”

Big. Really Big! The Antonov 225 Mriya at Manchester.

Submitted by Charlton Stanley (aka Otteray Scribe), guest blogger

The news has been so dreary and downbeat lately, I thought I would post something lighter to make people smile for a moment.

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Dr. Oleg Antonov
1906-1984
(photo taken sometime in the 1970s)

Everything about the Antonov An-225 is big. The name Mriya (Мрія), means “Dream.” The NATO identification code for it is “Cossack.”  NATO codes names are given according to role. For instance, cargo aircraft will be identified with a word beginning with “C.” Fighters are “F” such as “Flanker.” Bombers with a “B” (Bear), helicopters an “H” and so forth. The An-225 was not originally designed as a military aircraft, but as a carrier for the Soviet spaceplane, the “Buran.”

Oleg Antonov always thought in terms of big. His airplanes are big, sturdy and utilitarian. Their legendary An-2 Colt is the biggest single engine airplane, and looks as if it could be repaired by a tractor mechanic….using tractor parts.

When the Soviet Union broke up, the Antonov manufacturing operation became the Antonov State Company, and is located near Kiev, Ukraine.  The breakup allowed companies such as Antonov to pursue commercial interests worldwide. That was good for aviation and good for customers who need to move large improbable object to the other side of the world, and do it fast.

The story of Antonov’s airplanes is long and marked by some great airplanes. Make that “great big airplanes.” The An-225 is based on the An-124 design, which is a big airplane to start with.

Follow me over the flip and get a peek at the world’s largest airplane.

Continue reading “Big. Really Big! The Antonov 225 Mriya at Manchester.”

Are You Ready for Some Football?

Submitted By: Mike Spindell, Guest Blogger

Junior_Seau_2Football fans around the nation are feeling the excitement grow as we again approach the NFL Football season. They are avidly watching their favorite team’s pre-season games, checking out the new rookies and preparing for their various fantasy football leagues by analyzing league rosters. NFL Football has become the preferred sport of the country and generates many billions of dollars. It is our budding empire’s version of the gladiator battles in the various Roman Coliseums that were spread across the Empire as a palliative to an enslaved populace. While it is true that the Roman Gladiator battles usually ended only by the death and dismemberment of the “losers”, the news of the physical and mental costs to pro football players has begun to receive more publicity of late. This is due to the realization of the lasting damage done by football head trauma referred to broadly as concussions. As someone who has watched the National Football League for perhaps 60 years the idea of a concussion is one that is intertwined with the sport itself. For much of that time while it was discussed openly by the game announcers, analysts and sports journalists, in truth they all made light of them and players themselves would cheerfully discuss “getting clocked” or “having their bell rung.” The players thus injured who would insist on returning to the game were seen as “real men” and “heroes” for their fortitude. Then too coaches concerned with winning would tell them to “man up” and their teammates opprobrium for them “relaxing” on the sidelines would add peer pressure to continue to play even through their disorientation and head pain.

As the sport grew and outpaced baseball as the nation’s “national pastime,” like the gladiators of old players became heroes with nationwide celebrity. Many noted how some retired players from era’s past seemed to die relatively early in life, especially considering that to play football one must be an excellent physical specimen. As fans we were also aware how many of our heroes’ sustained injuries that in their retirement rendered them somewhat physically disabled for life, but merely made passing note of this reality, rather than feel discomfort at what this violent sport was doing to those who played it for our entertainment. The truth is that football fans and football professionals celebrated the violence of the game, even while shedding “crocodile tears” for player carted off the field with terrible injuries. Coaches and players talked about the exultation one felt when they made a jarring hit upon another player. It was common in interviews for players to talk of the joy they felt “making contact”, a minor euphemism for hitting or being hit with jarring intensity. We are to my way of thinking no more evolved than those Roman Citizens who would excitedly vote “thumbs down” on whether a losing gladiator should receive the killing blow. Our social norms require that we “feel sad” about a terrible injury, but if it occurs to an opposing player and affects our teams prospects, only the most unaware would deny that in the back of their mind they are calculating what this injury will mean. Our consciences are salved by the fact that many football players get paid enormous sums of money for their skills and so from a legal perspective one might say there is an assumption of risk. I want to examine this “assumption of risk” and discuss the implications that it has for NFL, the players and for us the fans. Continue reading “Are You Ready for Some Football?”