Congress, Constitutional Law, Courts, Justice, Politics, Society, Uncategorized

Will Detroit’s Pensioners Lose out to Big Banks?

Seal_of_Detroit,_Michigan_svg

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

On July 18th, 2013, the City of Detroit made news because the state appointed emergency manager officially filed for a Chapter 9 bankruptcy. “Detroit filed the largest municipal bankruptcy in U.S. history on Thursday, setting the stage for a costly court battle with creditors and opening a new chapter in the long struggle to revive the city that was the cradle of the American auto industry.

The bankruptcy, if approved by a federal judge, would force Detroit’s thousands of creditors into negotiations with the city’s Emergency Manager Kevyn Orr to resolve an estimated $18.5 billion in debt that has crippled Michigan’s largest city.” Tribune

There is no dispute that the City of Detroit has been mismanaged for years, but now that the Emergency Manager has filed the bankruptcy, just who will lose the most in the bankruptcy process?   Continue reading “Will Detroit’s Pensioners Lose out to Big Banks?” →

Politics, Society

Is Washington State Becoming a Drug Kingpin?

Submitted By Darren Smith, Guest Blogger

Washington State SealA controversy is developing in Washington State involving revenue collection between Recreational Marijuana, legalized by Initiative 502, and existing Medical Marijuana dispensaries.

Medical Marijuana has been available for over ten years and the language of the original initiative was such that the purpose of which was for the treatment of various ailments users were suffering. Those possessing a medical marijuana card could legally possess a small amount in either usable form or owning a small number of plants. Collectives could also be formed where patients would aggregate their grow and share among themselves the drug for their own use. Since according to the statute the use of the cannabis is for medicinal purposes, like prescription drugs or medical devices, it is not subject to state recreational marijuana taxes.

With Recreational Marijuana the taxation is nearly a polar opposite. The state imposes a twenty five percent excise tax on sales from a producer (farmer) to a processor, a twenty five percent excise tax on sales from the processor to the retailer, and a twenty five percent sales tax on the consumer who purchases marijuana from a retailer. Could this difference be influencing the state toward protectionism or undue influence?
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Constitutional Law, Politics

It Was Never About Terrorism

-Submitted by David Drumm (Nal), Guest Blogger

drug seizureWe have previously discussed the pathetic attempt to justify the seizure of every American’s phone data based on its “contribution” in apprehending terrorists. We also discussed the conflating of successful NSA programs overseas with the domestic metadata collection to give the impression that the domestic collection is contributing to the hunt for terrorists. The massive NSA surveillance utterly failed to detect the Boston Marathon bombings. It is not surprising that government officials would try to connect the NSA surveillance with terrorism prevention: polls suggest that Americans are more willing to accept the surveillance if it helps reduce the threat of terrorism. However, there is a lucrative and successful use of the NSA’s collection of all communications – the Drug War.

Continue reading “It Was Never About Terrorism” →

Bizarre, Courts, Criminal law, Justice, Media, Politics, Society

Follow the Yellow Brick Road to Feudalism

Submitted By: Mike Spindell, Guest Blogger

104248208I’ve long contended that I believe the end game of those Corporatists that run our world is a feudalistic state of affairs where they represent the “Nobility” of the Middle Ages. This theory of mine originally came about when I began to think about the mystifying rise of celebrities as cultural icons. The Kardashians, whatever it is that they do, certainly are among the most famous of today’s celebrities. Many of these celebrities are notable not for their talent, but for their ability to manipulate public relations and the media. The Kardashians were not the first intimation that came to me about what I see is a trend to use subtle propaganda techniques to pave the way for full blown Medieval Feudalism. One of the first indications that came to mind was the TV program “Lifestyles of the Rich and Famous.” The show’s host was Englishman Robin Leach. With his upper crust sounding English voice, actually a worked over Cockney dialect, he would breathlessly show the viewers sumptuous estates and introduce them to the wealthy celebrity wannabe’s who owned this monuments to poor taste. Around that time Donald Trump, the scion of a real estate empire married his middle European wife Ivanna, who taught this twit how to get publicity to publicize the Trump brand of over the top extravagance, coupled with a taste for gilt everywhere. Ivanna aged and outlived her usefulness to “The Donald” and he cast her aside for a much younger woman to grace his arm and broadcast his “potency.” The man has filed for bankruptcy many times, ran his Casinos into the ground and is far from the Billionaire Entrepreneur image he projects. Yet he runs seminars on how to get rich (easy to do when your father is a real estate baron) and has a well-rated program where he acts as a Judge as to how people are skilled in management. He has even had the temerity to play at running for President. The Trump name is more recognizable to the public than the name of the Chairman of the Federal Reserve.

The recent birth of the Royal baby in England and the round the clock coverage by CNN illustrates my point. Our news shows give us more “news” on the box office from this week’s movies, than it does about deaths in Afghanistan and Iraq. The “Cult of Celebrity” in my opinion is propaganda to pave the way for a feudal system where we the citizens spend our time thinking about the doings of our “betters”, rather than our responsibilities as citizens. When there is this absorption about the wealthy class and their lives, the fact that many escape their duplicitous deeds by being so wealthy, becomes and accepted reality. There is much evidence and little doubt that the recession of 2008 was brought about by illegal activity on the part of the financial community. Yet almost all of that community has escaped real criminal punishment for their deeds and when light prison sentences have been imposed, they spend their time is minimum security federal prison camps, with many of the comforts of home.  Yes Bernie Madoff is in jail for life, but Bernie ripped off other rich people mainly and so had to be punished. Martha Stewart, though not to the manor born, acted like she was an arbiter of society. She was sent to jail for a minor violation because of fame and as an example to those who would rise above their station. This trend towards developing a “new nobility” to entrance us peasants is a difficult one to deal with since so many of us “low born” are fascinated by it. In truth “celebrity watching” has always been a human passion going back at least 5,000 years to ancient Sumer and Egypt.

We and many of the industrialized nations are supposed to be Republics, not Monarchies and to my mind we are fast elevating our “entrepreneurial and entertainment” class into our new nobility. The reality is that there is little any of us can do about this except to try to expose it and hope people wake up. I think though that having won the “celebrity war” there is coming an expansion by our “elite” into making ones status in society’s hierarchy, into ones’ privilege under the law and I’ll explain further the signs of this that I see occurring right now. Continue reading “Follow the Yellow Brick Road to Feudalism” →

Congress, Constitutional Law, Media, Military, Politics, Society

Machines Don’t Leak: NSA Moves To Replace Humans With Machines To Stop Leaks

200px-national_security_agencysvg256px-HAL9000.svgNational Security Agency has been reeling from leaks showing massive warrantless surveillance programs capturing communications for every American. These disclosures have further shown that officials like National Intelligence Director John Clapper committed perjury before Congress, though the White House and Congress have protected him from any charge in America’s Animal Farm system. Now, NSA director General Keith Alexander has indicated that he has a solution. With the public saying that it is more afraid of the government than terrorists and NSA workers balking at participating in such authoritarian programs, Alexander wants to replace the workers with machines. Machines don’t leak. Indeed, they have no sympathy or morals at all. They are perfect. That would leave citizens as simply the objects rather than the objectors for surveillance. So, the Obama Administration has finally found the barrier to the creation of the perfect government: the citizens themselves.

Continue reading “Machines Don’t Leak: NSA Moves To Replace Humans With Machines To Stop Leaks” →

Bizarre, Criminal law, Politics, Religion, Society

Missing Person Report For Wife of Scientology Head Declared “Unfounded” By LAPD

488px-scientology_symbolsvgScientology has been reeling from a growing number of defections where often high-ranking former members have accused the organization of everything from beating members to reducing members to virtual captive slaves. However, Scientology is most vulnerable to defection of celebrities. The organization caters to celebrities and has special programs for their care and treatment. That is why the recent departure of Leah Remini has been a big blow for the organization which touts such big name followers as Tom Cruise, John Travolta, Kirstie Alley, Catherine Bell, Nancy Cartwright, and Fox anchor Greta Van Susteren. Now Remini has gone on the offensive and filed a missing person’s report with the police department. The missing person? Scientology leader David Miscavige’s wife, Shelly Miscavige, who has not been seen in public in six years. However, it is now being reported that Shelly has been found, like some Scientology Big Foot, and had a sit down with the LAPD (which has closed the investigation).

Continue reading “Missing Person Report For Wife of Scientology Head Declared “Unfounded” By LAPD” →

Bizarre, Politics, Society

Don’t Call Me: Leathers Endorses Quinn For Mayor

220px-Anthonyweiner220px-Christine_Quinn_VF_2012_ShankboneJust when you thought that the Weiner scandal could not get much worse, it just did. As I have previously written, the Weiner scandal has highlighted the lack of ethics and honesty that now pervades our society and our politics. It is a story without a single redeeming character. Now, the woman who engaged in phone sex with Anthony Weiner and sextexting with Weiner has endorsed his rival New York City mayoral candidate Christine Quinn. That’s right, she is now the proud recipient of a Sydney Leathers endorsement. It is like Gore Vidal’s The Best Man in 1964 with you replace President Art Hockstader with Leathers, the former tanning salon employee and professional “other woman.”

Continue reading “Don’t Call Me: Leathers Endorses Quinn For Mayor” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Military, Society, Uncategorized

The Hasan Trial: An “Ugly Thing” Takes Center Court

hasan022wayHasan_nidalBelow is my column this morning in USA Today on the trial of Maj. Nidal Hasan. The trial raises the problem of when you have a defendant who states that he is as guilty as sin under our criminal law but who wants to talk about the sin rather than the crime. It is not the first time we have dealt with unhinged self-represented defendants but Hasan is more unsettling than just another fool for a lawyer.

Continue reading “The Hasan Trial: An “Ugly Thing” Takes Center Court” →

Bizarre, Criminal law, Media, Politics, Society

Thou Shalt Not Praise His Name: Rep. Lewis Praises Snowden . . . Then Quickly Retracts Praise

220px-John_lewis_official_biopic228px-Picture_of_Edward_SnowdenThe degree of pressure on reporters and politicians from the White House and Democratic leadership in the Snowden controversy was in full and embarrassing view yesterday when Rep. John Lewis walked back from an interview that he gave to the Guardian praising Snowden. He appears not to have gotten the memo: Snowden is not to be praised in the media or by members of Congress. Various reporters and new organizations have held the line in mocking Snowden or refusing to call him a “whistleblower” rather than a “leaker.”  After all, the fear seems to be that Snowden has to be a traitor or Obama would look like a tyrant.

Continue reading “Thou Shalt Not Praise His Name: Rep. Lewis Praises Snowden . . . Then Quickly Retracts Praise” →

Congress, Constitutional Law, Criminal law, International, Media, Politics

New York Times: Government Conducting Broader Searches Of Emails and Text Messages Than Previously Reported

President_Barack_ObamaOn the heels of President Barack Obama again assuring that public that there is no domestic surveillance programs on their communications, the New York Times is reporting even broader surveillance by the Administration than previously reported.

Continue reading “New York Times: Government Conducting Broader Searches Of Emails and Text Messages Than Previously Reported” →

Bizarre, Society, Torts

Ralph Nader To Open Country’s First Torts Museum

220px-Ralph_Nader,_September_15,_2007admission-ticketMy fellow torts professor Roger Schechter sent me the good news of a museum that will finally cater to the common law set. Ralph Nader is reportedly establishing the nation’s first Tort law museum in his home town of Winsted, Connecticut. The article below includes quotes from local businessman who say that they would prefer a children’s museum but who needs a slip-and-slide when you can have an entire building dedicated to slip and falls? I am already planning my family trips.

Continue reading “Ralph Nader To Open Country’s First Torts Museum” →

Bizarre, Criminal law

Removing Oneself From The Gene Pool: Virginia Man Shoots Himself In Groin After Allegedly Jumping Out Of Car To Threaten People Asking Him To Slow Down

tape3_MEDIt is hard not to see this as a crime with a happy ending. Witnesses say that Rhonney Jacobs, 43, was speeding through a neighborhood in Norfolk when bystanders yelled for him to slow down out of concern for children on the street. Jacobs allegedly made a U-turn and jumped out with a gun to confronted those asking him to slow down. However, when he pulled out the gun, it apparently misfired — wounding him into his groin.

Continue reading “Removing Oneself From The Gene Pool: Virginia Man Shoots Himself In Groin After Allegedly Jumping Out Of Car To Threaten People Asking Him To Slow Down” →

Animals, Bizarre, International

Shipwreck Throws Man, Wife and Dog Into Sea . . . Man Rescues Dog And Then Wife

439432-man-saves-dog-from-shipwreckThe only thing more surprising that the survival of Graham and Sheryl Anley in their shipwreck this week in South Africa is the survival of their marriage. According to this report, with their ship sinking, Graham spotted his wife caught on wreckage of the sinking ship and their dog. He rescued his dog Rosie, brought her to the shore, and then came back for his wife. I guess a really good sea dog is hard to find.

Continue reading “Shipwreck Throws Man, Wife and Dog Into Sea . . . Man Rescues Dog And Then Wife” →