An Oil Company Just Spilled the First Amendment

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

What does a large Oil Company do when it is ordered to pay a $19 Billion dollar judgment to a country and its indigenous communities that were ravaged by the drilling and leaks caused by the Oil Company?  If that Oil Company is Chevron,  it cries foul and does everything possible to avoid having to pay for its corporate sins.

“Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company’s latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron’s appeal.” Mother Jones Continue reading “An Oil Company Just Spilled the First Amendment”

Propaganda 104 Supplemental: Just Because You’ve Forgotten Doesn’t Mean You’re Forgiven

lies-truthby Gene Howington, Guest Blogger

“Darkness isn’t the opposite of light, it is simply its absence.” – Terry Pratchett

As we’ve previously discussed in the Propaganda Series, The Sound of Silence, propaganda is not always language or images. Sometimes it is the lack of words. It is just as important to “listen to what is not said” as it is to “listen to what is said”. Sometimes though, propagandists try to time travel. They employ a tactic in an attempt to change the present by attempting to change the past. I say “attempt” for reasons that will be clear soon enough.

The_Time_Machine_Classics_Illustrated_133When a propagandist tries to pull off this particular trick, they don’t need a fancy machine or a black hole or a magic potion as is the staple trope of science fiction and fantasy time travel. They need nothing more complicated than a pen or a typewriter. In the present, a word processor and some basic HTML coding skills will serve that purpose. Maybe Photoshop or GIMP. When a propagandist tries to change the present by changing the past, they don’t call it time travel.  No. They don’t call it anything, because they really hope you don’t notice what they are doing. Silence will work often, but they are not above a bit of misdirection. Well executed propaganda does, after all, have much in common with stage magic.

When we citizens and media consumers catch their slight of hand, we don’t call it time travel either. We call it historical revisionism. Just this week, the Obama Administration was caught red-handed doing precisely that in relation to the Edward Snowden case.

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Libertarianism And The Confederacy

-Submitted by David Drumm (Nal), Guest Blogger
burn_CSA_flagThe resignation of Jack Hunter, the social-media director of Sen. Rand Paul (R, Kentucky), also known by the moniker “Southern Avenger,” has brought to the surface a not insignificant minority who identify themselves as libertarians. This minority defends the Old South, the Southern cause, and the Confederacy. These Neo-Confederate libertarians claim to be anti-slavery and their arguments are a case study in cognitive dissonance.

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American Juries: Seekers of Truth or Mere Consensus? Part II

By Mark Esposito, Guest Blogger

Author’s note: This is the second in a series of related posts examining the American Jury. In the first installment (here), we looked at the antecedents created by the judicial system that foster Jury Groupthink. We said that seven systemic components lead to a higher risk of groupthink when citizens form isolated, cohesive work groups to decide issues in a litigation setting. We also explained that the more antecedents in the mix, the higher the likelihood of decisions based not on reason or evidence but more on the need to reach a unanimous decision and to defend that decision later. The events of this week serve almost as a scripted piece of this article as first one then another juror in the Zimmerman case came forward to exemplify aspects of the groupthink mentality. (More about that  in Installment Three.) Antecedents by the judicial system aren’t the only promoters of group think. Societal constructs created by our society as a whole enhances the pattern, too, and serve as telltale markers of the bad decision-making, as we shall see.

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You think your average juror is King Solomon? No! He’s a roofer with a mortgage. He wants to go home and sit in his Barcalounger and let the cable TV wash over him. And this man doesn’t give a single, solitary droplet of shit about truth, justice or your American way.

~John Grisham, The Runaway Jury

 

John Grisham’s crystallized cynicism surely doesn’t hold true for all jurors but the point to be made is that jurors are not “big picture” deciders of great issues of the day utilizing lofty principles. Instead, jurors tend to recoil from abstract notions of truth and justice and delve more deeply into human motivations and empathy. In their classic work on American juries, Professors Kalven and Zeisel of the University of Chicago, concluded that “in many instances the jury reaction goes well beyond” rational sentiments “and rests on empathy of one human being to another.”  Appealing enough to our natural sentiments and intuitively correct, but  in the battle of human versus human, the question becomes, “empathy for whom?” And how does empathy fit into the structure of  a system that calls for cold-blooded reason and eschews warm-hearted sentiments? Not so well, it seems. In fact, jurors swear off these  emotional human frailties (which form much of their everyday decision-making. Don’t think so? Ask yourself: “Why did I marry my wife? Wide pubic bone for ease in childbearing perhaps, there Mr. Spock?) and promise to be guided by the evidence alone.  How can juries bridge the gap between their own intuition and the judge’s instruction?

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The Student Loan Problem

Submitted By: Mike Spindell, Guest Blogger

ColumbiamanOne month before I was scheduled to begin my freshman year in College my mother died. My father had gone bankrupt in his automobile franchise the year before and was working as a car salesman. Money was tight, but I had won a full tuition scholarship under the New York State Regents Scholarship program.  While tuition was not a problem, there would be other costs associated with College, such as books and various student fees. My father found out about New York State’s student loan program and signed me up for a low amount of money, with the understanding that he would repay it. Due to his business failure my father had no way to get credit in his own name.  Ironically, one month before my sophomore year my father died. I was 18 years old and the only work I had ever done was as a “car jockey” at the dealership where my father worked.  There was little money in my father’s estate and I soon had to start school. I upped my student loan to the maximum allowed so that I would have living expenses until I could get a job to support myself through my remaining college years. Within two months, still reeling from the effect of being orphaned, I had gotten a job as a Night Watchman in a municipal hospital and arranged my course schedule around it. I lived in a furnished room, with a bathroom in a common hall, but my life slowly began to normalize. Later I got a job as a Clerk/Delivery boy in a liquor store, working 35 hours a week after school and making $32.50 plus tips, using my own car. I managed to scrimp by with the aid of taking out the maximum available student loans each year. The loans under the program them were from a bank, guaranteed by New York State. After I graduated I got a job for $6,000 a year and tried to pull my financial head above water. Six months after graduation though, I was notified by the bank that my student loan was to start being repaid, at a fixed rate that to me was a hardship financially. I went to the bank to ask to restructure the deal so I would pay less each month and they refused. It turned out that the New York State Student Loan plan was set in such a way that if the borrower defaulted the State would pay the bank the full amount immediately and then go after the borrower. It was therefore in the bank’s interest to have the student default, since they would get their return much more quickly.

Flash to many years down the road and my two daughters going to college. I was forced to take out student loans for their education, but I made each of them the promise that I, not they, would pay it back. This was of course the result of my own experience and I considered it my duty. I paid off my oldest daughter’s debt and am now paying off my youngest daughter’s debt. On my fixed income this is difficult. Both of them are working with good jobs, however, I don’t want my children to go through what I went through and would prefer they are not burdened by the costs of their education. Incidentally, they both worked part time when they went through college, although in both instances I didn’t want them to have to do so and that is only a minor part of why I am so proud of them. Which leads me to what is going on today with the Federal Student Loan Program, which brings in a surplus of $184 billion for the Federal Government. Call me what you will, but I don’t think that government should be a profit making enterprise and I certainly believe that it is in all of our interests to educate our children. At least one Senator feels the same way. Continue reading “The Student Loan Problem”

The Weiner Scandal: The Morality Play Without A Moral Or Redeeming Character

220px-Huma_Abedin220px-AnthonyweinerI must admit to being a bit depressed this day about our country and what has come of principles and ethics among both our politicians and citizens. There seems to be a corruption not just of power but of spirit. The Weiner scandal this morning captures my angst perfectly. There literally does not appear a single redeeming character. You have Anthony Weiner aka Carlos Danger. Then you have the other half of the power couple, Huma Abedin, who assured everyone that she still believes in him while recent reports show a questionable salary arrangement with a Clinton-connected company. Then you have Ms. Leathers, one of the other women, who is actually denouncing Weiner as betraying her when she was helping him betray his wife. Then you have Democratic voters who still have Weiner in a close second place to be elected mayor of New York. If you wonder why our politicians treat us like chumps, just take a look at the Weiner scandal.

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Weiner Scandal Focuses Attention On Lucrative Deal Given Huma Abedin

225px-Hillary_Clinton_official_Secretary_of_State_portrait_crop220px-Huma_AbedinWhile some Democratic voters continue to debate whether to support Anthony Weiner in the wake of additional sextexting to women (after he resigned from office), there has been attention drawn to the extraordinary deal given to his wife Huma Abedin, a close aide to Hillary Clinton. This town is infamous for such special deals but this one takes my breath away. It appears that Abedin, the deputy chief of staff at the State Department under Clinton while she was at the State Department, was granted status as a “special government employee” after the birth of her son in the midst of the scandal. That allowed her to continue to earn $135,000 as a government employee while also earning as much as $355,000 as a consultant for Teneo. You guessed it. Teneo Holdings happens to have former President Bill Clinton is a board member.

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Report: Pelosi Killed Privacy

220px-nancy_pelosiThe respected Foreign Policy magazine details how the recent close vote on the NSA warrantless surveillance program was heading to a victory for privacy when the White House called in Nancy Pelosi. With heavy pressure from Pelosi, the White House was able to get just enough votes to kill privacy. Even with her ignoble role in this vote (and prior work to reduce civil liberties), many democrats are still supporting Pelosi in what is now a robotic form of politics. As their leader takes an axe to privacy, Democrats are again adopting the mantra that the other guys are worse and she is still good on other issues — making privacy just another item to trade off as part of the blue state/red state paradigm maintained by our duopoly of government.

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Armstrong: Government Should Have Known I Was A Doper And “Got Exactly What I Bargained For”

220px-Lance_Armstrong_Tour_2010_team_presentation_(cropped)USPostalServiceLogoCyclist Lance Armstrong spent years vehemently denying that he was taking performance-enhancing drugs and attacked those who accused him of being a cheater. Now, he is essentially arguing that it was clear all along that he was a cheater so he does not have to give anything back to the U.S. government for the sponsorship contract with U.S. Postal Service. In his filing, Armstrong insisted “The government wanted a winner and all the publicity, exposure, and acclaim that goes along with being his sponsor. It got exactly what it bargained for.”

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“I Love To Dominate”: Sexual Harassment Lawyer Cleared Of All Charges In Rough Sex Case

gavel2Attorney Robert Michael Hoffman is a free man. Hoffman has been at the center of a bizarre case where multiple women accused him of sexual assaulting them. The complication in the case was that the women had answered his Craigslist invitation for rough sex. He insisted it was merely rougher than they anticipated while they said it was forced sex. The case began to unravel in September 2011 when six of nine counts were tossed by Judge Bruce Chan after a secret tape contradicted the testimony of two of the women. Now the remainder have been dismissed against the San Francisco attorney. Hoffman specializes in sexual harassment cases.

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“We Are Only Human”: Driver Overheard Making Admission Of Excessive Speed In Spanish Train Wreck

article-2377113-1AFD0ED0000005DC-627_634x450The video below shows a Spanish passenger train hurtled off the tracks right in front of a camera. The entire train derailed killing 80 people and injuring another 140. The energy and force released in such a crash is immense and, in what is likely to be played repeated in lawsuits, the driver said that they were doing 120 miles per hour coming into the turn. That would be twice the limit for the urban section. He was heard exclaiming “we’re only human, we’re only human” after the crash.

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Holocaust Memorial At Ohio State Capital Raises Objections Over Separation of Church and State

20130717_CSRAB_ProposedHolocaustMemorialDesignThere is an interesting potential lawsuit brewing in Ohio over a Holocaust memorial that will feature a prominent Star of David on the Ohio Statehouse lawn. The memorial, designed by Daniel Libeskind, has been criticized as violation by the separation of church and state by civil libertarians. The case could present a perfect vehicle to explore the meaning of the Supreme Court’s recent decision in Salazar v. Buono in 2010 where a sharply divided court allowed a cross to remain on public lands as a memorial for the dead of World War I.

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Federal Judge Orders Justice Department To Return Over Million Dollars Taken At Traffic Stop By Nebraska Officers

220px-Joseph_F._Bataillon_District_JudgeWe have previously discussed how police are increasingly doing drug stops on pretextual grounds and seizing any money that a driver cannot explain to their satisfaction. It is called “policing for profit” and departments are able to keep much of seized money in these stops. The federal government is being forced to return over $1 million to Tara Mishra, 33, of California, who was taking her life savings as a stripper to buy her own business. That was before it was seized by Nebraska state troopers who declared that it must be drug proceeds. Even though no drugs were found and there was no basis for concluding the cash was from drug proceeds, the matter became a federal case and the Obama Administration fought her to deny her even a hearing for demanding the money back. Now U.S. District Judge Joseph Bataillon has ordered them to give back the money. However, this is not considered theft because police officers took the money at a traffic stop. The case is United States of America v. $1,074,900.00 in United States Currency, 2013 U.S. Dist. LEXIS 11544 (D. Neb. 2013).

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The “Eye Candy” Exception: New Jersey Judge Rules Against Discrimination Claim Of “Borgata Babes”

250px-Borgata_acWe have previously discussed difficult cases (here and here and here) where physical appearance is a job criteria — leading to claims of gender discrimination. Now, New Jersey Superior Court Judge Nelson Johnson has ruled that cocktail servers known as the “Borgata Babes” at Borgata Hotel Casino & Spa can be required to keep their weight within proscribed limits as part of their job. Johnson ruled against 22 cocktail servers in a decision that found that these positions are part entertainment and part waitress — allowing the company to specify appearance requirements for women described as “eye candy.” The company required women not to gain more than seven percent body weight after their hiring. They wear cleavage-bearing bustiers and high heels at work.

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Corpus Delicti: Tattoo Leads To Conviction of California Gang Member

ht-mugshot-anthony-garcia-jef-110422-wg-1374180035336-447778-ver10-640-480jpg We previously discussed the curious case of Anthony Garcia, 25, who was arrested after police noticed a tattoo on his chest that depicted an unsolved murder. The corpus delicti or body of evidence in this case is the defendant himself who was convicted yesterday for his role in the 2004 shooting at a Pico Rivera liquor store.

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