Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Saturday, October 10, 2026

Appetite for Watching

Robert Mueller died on March 20, 2026. The next day, TЯ★MP posted on Truth Social: “Good, I’m glad he’s dead.”

In his March 25 conversation with James Webb, Tucker Carlson offered a thought worth keeping: “there’s a certain reverence in death that’s required if you’re going to have reverence for life.”

Sunday, April 11, 2010

Punishment and condemnation

I've heard people ask the same question that Robert Wright, author of Moral Animal, poses in this column:
In this view, if I had Tiger Woods’s genes, and was born into his environment, I’d become exactly what he’s become. And so too with all others who violate norms or laws, including the most heinous criminals: If any of us had been born with their genes, into their environment, presumably we’d have become them. So how can we possibly condemn or punish them? Yet, as a practical matter, we have to punish heinous criminals, right?
First, I'd like to respond to his major premise: that athletes like Tiger serve as de facto role models in our society, and so their personal behavior off the athletic field is very important. He may be right that children do hold up athletes as role models, but perhaps this is a failure in our parenting. Perhaps the focus ought to be on getting children to recognize altruistic and philanthropic behaviors as superior indicators of character, and thus emulation, to athletic prowess. Perhaps we should spend more time explaining that athletes are just really good at their sport, not superheroes worthy of all-around emulation.

Back to his moral dilemma: it's not so troubling to worry about justification if all we're doing is condemning bad behavior with rhetoric. But the more substantive thorny issue involves crime and punishment: "Well, if people just behave how their genes and environment cause them to, then how can we blame/condemn them for it?" The feeling is that we aren't justified in blaming someone if they "can't help themselves" on some level.

It's important to note that the issue of justice and punishment don't have to involve some sort of moral high ground. When we lock up a murderer or rapist, we are protecting society from a dangerous person. On purely utilitarian grounds, this person has forfeited their right to go freely in society by behaving in such a way as to pose a grave threat to the freedoms of others to do the same. And so we don't have to say we're "better" than that person. We just have to say that we don't pose the same threat as they do, and so punishment does not have to equal condemnation.

Saturday, May 2, 2009

Creationism IS superstitious nonsense

Regardless of what a judge says. Now go ahead and start holding your breath waiting for proponents of "academic freedom" to teach creationism to defend this teacher's academic freedom to ridicule creationism.

PS: Chad Farnan is an idiot and a douchebag.

Friday, August 1, 2008

Question to Barack from Balko

In the same vein as my mention of HR 5843, Radley Balko writes a column asking Barack some questions, and one is directly concerned with his stance on decriminalization:
In your autobiography, you admit to using marijuana and cocaine in high school and college. Yet you largely support the federal drug war — a change from several years ago when you said you'd be open to decriminalizing marijuana. Would Barack Obama be where he is today if he had been arrested in college for using drugs? Doesn't the fact that you and our current president (who has all but admitted to prior drug use) have risen to such high stature suggest that the worst thing about illicit drugs is not the drugs themselves, but what the government will do to you if you're caught?
Bingo. The number of people in our country who have at least tried pot is staggeringly high, with at least 15 million people in the US having smoked marijuana within the last month. This while the overwhelming majority of those people go on to lead completely normal lives drug-free later one (I am one). Why ruin their chances to have good jobs and educational opportunities [Federal law prohibits people who've been caught with pot from receiving financial aid]?

It's far past time to decriminalize, for a plethora of reasons.

Thursday, July 31, 2008

Copeland continues to stonewall Congress

The investigation of Sen. Chuck Grassley (R-IA) into the tax-free practices of some religious organizations turned up a few rocks, and some especially slimy creatures are scurrying away from the harsh sunlight:

Already a well-known figure, Copeland has come under greater scrutiny in recent months. He is one target of a Senate Finance Committee investigation into allegations of questionable spending and lax financial accountability at six large televangelist organizations that preach health-and-wealth theology.

All have denied wrongdoing, but Copeland has fought back the hardest, refusing to answer most questions from the inquiry's architect, Republican Sen. Charles Grassley of Iowa.
...
Swicegood said the church's independent compensation committee approves all payments to board members.

Marilyn Phelan, a Texas Tech University law professor and author on nonprofit law, said the practice could pose problems. Both the IRS and Texas state law prohibit benefits beyond reasonable compensation for insiders, including board members, she said. If violations are found, nonprofits can lose their tax-exempt status and board members can face penalty taxes.

As the Senate Finance Committee considers its next step, Copeland is not backing down. His ministry is portraying the inquiry as an attack on religious liberty.

At the same time, it is moving forward with a big fund-raising project: soliciting donations for new television equipment so Copeland can be broadcast in high-definition.
I'd love to see this crook thrown in jail, but it's enough to hope for all the money he's misused to be taxed. From their supposed needs for private jets to their staying in $5,000 a night resorts during "evangelistic trips" and driving Bentleys that they write off as "work-related vehicles"...it all just makes me sick. Paula and Randy White have probably cooperated more than anyone else, but with their ongoing divorce and financial issues, it's understandable that they can't take any more heat.

Monday, July 21, 2008

On the screwed up state of our legal system: part 3 - the war on drugs

As Ed Brayton points out, people are arrested and sentenced to over 100 years for selling marijuana, while jackasses like Deric Wiloughby who abduct and prostitute children receive 8 years.

On the screwed up state of our legal system: part 2 - the war on sex

The Bush Administration has its own record of pulling agents away from terrorist task forces in order to go after porn. Not child porn, mind you, but legal, consentual adult porn. My take on porn is that it serves as a release and harmless escape for 99.9% of adults. Speaking of release, Time has an article from a few days ago about the pseudo-incestuous "Purity Ball" concept, beloved by the RR. It's sexist and creepy; the former as girls are targeted over boys and the latter as fathers pretend a daughter's vagina is theirs to take care of. Not that I haven't already put in $0.02 on that...

The sort of attitude that groups like the FRC foster is one of repression, which brings me to another point -- the correlation between homophobia in juveniles and homosexual behavior as adults.

A favorite talking point of the religious right is that the sexual saturation of our culture is dangerous, in that it leads to higher teen pregnancies, STDs, rape, pedophilia...&c. Facts be damned! John Stossel, not my favorite media character, absolutely pwns this idiot from the FRC, Peter Sprigg, about the facts surrounding rape, teen pregnancies and STDs. It occurs about 5 minutes into the video, and the guy is obviously fumbling and bumbling.

What I would like to know is if these guys are aware that the highest occurences of the things they warn against are right here in the Bible Belt, as I have meticulously documented. If anything, religiosity seems to correlate to deviant sexual behavior. Bet you won't hear that from them...although porn and religion have a lot in common!

Which is not to say there aren't problems that need resolving in our society regarding sex, especially the fact that the FBI estimates over 100,000 minors are involved in the US sex market. Just a few weeks ago, a child sex raid took down 300 scumbags and rescued 21 kids. It's very important that the resources available to stem the flow of underage prostitution, especially rescues, are advertised and heavily promoted.

On the screwed up state of our legal system: part 1 - racial injustice

A lot of what we hear on a daily basis as racial injustice perhaps makes us calloused to the reality of it when it does occur. Case in point: the Texas story of Tyrone D. Brown contrasted against Alexander Wood, first aired on ABC's 20/20 in November 2006.

There was a massive response to the story, and the outrage demanded justice for Brown.

Charlie Douglas, UF alumnus, was highlighted for his role in bringing some measure of justice to the case by working diligently to have Brown released. He finally was, in March 2007. You can read the details on the legal case at ABC News or starting on page 24 in the UF Law magazine.

Without the work of groups like the NAACP, many more injustices would exist.

Although there have been questions about the number of black males incarcerated versus enrolled in college, no sane person doubts the skewing is due to racist policies. Even though whites are far more likely to carry drugs and guns on their person, police are much more likely to search minorities, leading to a higher arrest rate.

Wednesday, June 18, 2008

Gay marriage redux

Last January (2007), I wrote a short piece in response to the statistics on single women and the general decline of marriage among women until later life in my generation. I pointed out that gay marriage can't really be blamed for these trends, given the virtual non-existence of it at that time, and even now, only a few places allow it. This humorous video shows the fallacy of blaming gays for heterosexual divorces is like blaming Jews.

Stanford issued a press release in 1995 that summarized, even way back then, the genetic and hereditary evidence that homosexuality was not merely an arbitrary lifestyle choice. Given the new research just reported this week that shows a fundamental difference in the brain structures of gay men and women versus straight men and women, arguing that being attracted to the same sex is a "choice" is without merit. That's the first hurdle anti-gay advocates face: showing how discrimination against them is fundamentally different from discrimination based on race or gender.

About a week ago, a colleague emailed me an article by Chuck Colson (former corrupt Nixonian) about gay marriage and, quote:
There is nothing in the California majority opinion that necessarily limits “loving and long-term relationships” to two people, or even people who are unrelated to one another. The biggest impediment is our revulsion at polygamy and incest—revulsions that can be swept aside by activist judges as easily as the millennia-old revulsion toward same-sex “marriage.”

That would only leave the argument that these arrangements pose a threat to the health and well-being of children.
I want to look at this common "slippery slope"-style argument.

First, I want to make it clear that a lot of the "issues" swirling about here should be clearly delineated:
  1. What is the "compelling interest" of the state to involve itself in any fashion in marriage?
  2. What role(s) have the state and federal government played in regulating marriage in the past?
  3. What are the government-related benefits of marriage?
  4. What can be said about the Equal Protection Clause of the 14th Amendment and marriage?
  5. Would people be satisfied if gays were given equal rights and benefits but it was called a "civil union" rather than a "marriage"? What is the non-semantic difference?
Marriage certainly pre-dates written history and the logic of marriage is simple and compelling: as social creatures, humans have a lot of required investment in raising their young. Unlike other primates, whose young become self-sufficient for food after a maximum six years in gorillas and chimps, human young are highly dependent on their mothers for much longer. As such, this enormous divestment of time and energy is a trade-off that pays for itself in learning -- the longer the developmental period, the more learning and behavior that can be passed between generations. Given that we males are just as biologically and evolutionarily invested in the survival of our young, the formation of families or family groups is something seen in all primates. Although our current concept of monogamy seems logical and moral, we have seen polygamy's place in ancient (check your Bible!) and modern history, and our closest cousins, the great apes, certainly do not form strictly-monagomous pairing.

Institutionalized marriage probably began as a simple property transfer. Fathers literally sold their daughters off to suitors for a reasonable "bride price", overseen by local authorities, and this has a lot of precedent in the Bible and the earlier Babylonian Hammurabi's Code (see #138). It's understandable from a moral and pragmatic point of view that in these times, fathers were responsible for and controlled their daughter's welfare up until puberty, keeping her safe and getting value out of her by the work she did around the household. Once she was old enough to take care of herself (and a family), then her "value" in work around her father's household would have to be compensated for by the prospective groom. Primitive? Of course, but logical enough...

It should be quite obvious that divorces have happened as long as marriages have (again, see Hammurabi's Code #138). The "threats" to marriage, then, have been around long before "them queers" started asking for the legal rights to marry. The divorce rate in our country is fairly high, and if you want to talk about slippery slopes, the "remedy" proposed by many groups is to make no fault divorces illegal. This is another case where conservatives are completely inconsistent: they are adamant that raising taxes is horrible because it circumvents individual liberties and call themselves champions of states' rights. On the other hand, when they have a moral argument about restricting alcohol sales on Sundays, or laws against marijuana, or laws about gay marriage, this whole notion of civil liberties gets pretty damned fuzzy, and they want the government to step in and limit individual freedoms.

Given the paucity of logic or evidence that allowing gay marriage would somehow "undermine" or "threaten" marriage as an institution, the argument to prevent gay marriages must rest mainly on legal precedent. Unfortunately for antagonists of gay marriage, much of the legal precedent concerning "equal protection" will not work out well in their favor, unless the judges involved want to completely ignore the clear letter and spirit of the law. The Equal Protection clause of the 14th Amendment guarantees (aptly enough) equal protection to all groups under the law; it has been used with increasing scope to prevent discrimination based on race, gender, disability, religion, &c. The next logical step is to use it to prevent discrimination based on sexual identity/preference, and this is exactly what the courts in California and Massachusetts have done.

Now, perhaps I feel that marriage should not even be the purview of government, and that really all the government should have to do with it is in recognizing my wife's status in order for her to execute legal documents on my behalf and as co-owner of my property. What is the government's interest in regulating marriage, after all? Is the government a giant family planning organ that serves to try to help citizens propagate the species? Unbelievably, this is exactly the argument that some of these quote, pro-family, groups and anti-gay writers use in predicting "the demise of civilization":
Because civilization provides the best odds for their children to live to adulthood. So even though civilized individuals can't pursue the most obviously pleasurable and selfish (i.e., natural) strategies for reproduction, the fact is that they are far more likely to be successful at reproduction in a civilized society -- whether they personally like the rules or not.

Civilizations that enforce rules of marriage that give most males and most females a chance to have children that live to reproduce in their turn are the civilizations that last the longest. It's such an obvious principle that few civilizations have even attempted to flout it.

Even if the political system changes, as long as the marriage rules remain intact, the civilization can go on.
Get that? The impetus on government is to protect and prolong our society and civilization. This takes the primary aim of marriage as reproduction. Of course, given that many marriages are childless, either because one or both of the spouses are infertile, or because they simply don't want kids, one must wonder if in this paradigm it would entail that government should regulate marriage further than it already does and restrict it to only couples who are fertile and want children. It's already clear that these anti-gay so-called "family advocates" are in favor of tightening restrictions on divorce, overturning a woman's right to choose, as well as making birth control less readily available, so it's obvious that they think that the government's compelling interest is not just to keep the "rules of marriage" immutable, but to literally control the reproduction of society.

If the "rules of marriage" are loosened, let's say all the way to the point that people could marry animals or be polygamous (or start sex cults), would it logically follow that heterosexual couples would stop marrying? Would they stop breeding? To assert, "yes" to either of those questions is to admit to a credulity beyond that which I am capable. What you are asserting is that people would no longer have a rational justification for committed monogamous relationships if the imprimatur of the government was not attached to it. This conveniently overlooks the fact that people engaged in such relationships before governments regulated them; whether or not the government "sponsored" marriage, people would choose to live in a committed monogamous relationship that mirrors, in all respects, marriage.

Slippery slope arguments like the one employed in the article by Colson assert that to allow two people to marry of the same sex removes the threshold of rationality from deciding what marriage is, and would open the door to bestiality or polygamy. These arguments are simply horrible. These same exact arguments have been historically employed in the following way:
  1. Lincoln wants to give blacks the right to vote? Well, what's next? WOMEN?
  2. They're going to give women the right to vote? What's next? Civil rights for blacks?
  3. They're going to give people of different colors the right to marry? What's next gay marriage?
Now, we hear:
  1. They're going to give gays the right to marry? What's next, will we be able to marry dogs or multiple people?
The slippery slope argument ignores the fact that people can draw rational distinctions between categories, and that humans cannot correctly divine rational and irrational behavior. It gives no credit to the powers of human reason to limit change, implying that one change must entail another, even one of a completely different nature, which commits a category error. Imagine that I said the following:
  1. Lincoln wants to give blacks the right to vote? What's next, dogs?
  2. Women will be given the vote? What's next, dogs?
The category error here is clear: the ability to vote is already held by white men, so extending it to black men is including another part of the category "man". Extending it to dogs would be absurd. Ditto with women: they belong to the category "human" and so extending the right to vote to them is simply saying, "All humans have the right to vote," rather than saying, "Everything has a right to vote."

By the same logic:
  1. An adult man and woman are allowed to marry: this is a definition of marriage. It is completely consistent with me using a gender-neutral definition: two adult people are marrying one another.
  2. If a man and man are allowed to marry, this entails no substantive expansion of the definition: two adult people can choose to get married. Ditto with a woman and woman.
  3. It does not follow that the definition of marriage has been altered to allow more than two adults to marry, nor to allow adult persons to marry animals.
  4. If not substantive change in the definition of marriage occurs, then the supposed "snowball effect" of change is undermined.
Those who make the slippery slope argument imply that to broaden the definition of marriage from "one man, one woman" to "two adult persons" would be enabling the definition to be broadened even further to "more than two adult persons" or "persons and animals" but this is a categorical mistake.

This mistake is akin to someone who argues that, "If you make it illegal for me to punch you in the face (assault), then what's next? Will I be arrested for patting you on the shoulder for a job well done?" It implies, again, that human reason cannot differentiate between degree and quality of action or definition. Basically, the slippery slope argument is employed by those who have no valid arguments or evidence on their side to make people afraid that change in tradition will snowball in effect and run amok. The problem is that history has taught us, again and again, that people are able to adapt and change and modify law and make progress without the destruction of civilization.

...at least, so far.

Conclusions:

There is more and more evidence that gay people are physiologically determined as such. Denying them marriage rights runs afoul of the Equal Protection clause. The slippery slope argument often commits a category error and always ignores the ability of people to make distinctions and refinements and progress in existing law and culture; it implies that humans cannot act rationally and control the changes in the status quo, because change will snowball and multiply and wreak havoc on civilization. This has been shown logically fallacious and historically inaccurate.

Sunday, April 27, 2008

Conservative judges

I remember walking from the parking in with a colleague at UF and discussing our voting logic in November 2004. At the time, I am ashamed to admit, I was not yet cognizant of many facts surrounding the Iraq War. I still had a large degree of trust in the President and his handling of our national security. There was no excuse for my ignorance, save ignorance itself -- I was unaware of the growth of internet sites like the ones I now frequent, and got all my news from (gulp) CNN.

If I had been a peruser of blogs back then like Think Progress and TPM and The Carpetbagger Report, I would've known the following already:
01/04 -- Chief U.S. weapons inspector David Kay resigns, saying he doesn’t believe Iraq’s weapons of mass destruction ever existed.
05/04 -- Army acknowledges it is investigating at least thirty-five cases of abuse or torture of prisoners in Iraq and Afghanistan.
06/04 -- U.S. commission investigating September 11 finds “no credible evidence” linking Saddam Hussein to the attacks; Dick Cheney continues to claim “overwhelming evidence” of a connection between Iraq and Al Qaeda.
08/04 -- For third consecutive year, more Americans in poverty and without health insurance; national poverty rate hits 12.5 percent, 45 million people lack health coverage.
09/04 -- Iraqi Health Ministry statistics show U.S. and allied forces and Iraqi police are killing twice the number of Iraqis—mostly civilians—as the insurgents; officials announce that Health Ministry will no longer provide casualty statistics to reporters.
10/04 -- Chief U.S. weapons inspector Charles Duelfer reports that Iraq had no biological or chemical weapons and no nuclear program before the U.S. invasion; in fact, Duelfer finds no evidence that Iraq had produced any WMDs after 1991.
Talk about an "if-then" situation. If I'd known the above (and more, so much more), I would certainly have had a different political frame of mind at the time. But I did not, and so I was telling my colleague that I thought the Supreme Court should move a little to the right as I felt, at the time, it was perhaps a little too far left-of-center.

Talk about watching what you wish for. Since then, Bush appointed two justices, one of whom -- Samuel Alito -- is so far right-of-center that he makes Hitler look liberal, and even McCain had reservations about him. Alito undersigned the unitary executive legal theory that in effect grants Bush monarchical powers. Although Roberts is not quite so bad (who is?), there were some early signs that he may have been more conservative than moderates believed. And those have proven prescient.

Today's NYT contains an op-ed reviewing McCain's stand on a case that went before the Court in 2006 concerning Lily Ledbetter. The reason this case popped up is that Congress was just voting on a bill to try to fix the problem represented by the Ledbetter case -- unequal pay for women -- a vote that McCain opposed allowing to even occur by voting against cloture (more record GOP filibustering and obstructionism). How did the far right Court rule back then?

The fact that workers generally have no idea what other people are making when they start a job did not concern the court nearly as much as what Justice Samuel Alito, writing for the majority, called “the burden of defending claims arising from employment decisions that are long past.” In other words, pay discrimination is illegal unless it goes on for more than six months.

Ledbetter did not even get her back pay. And Goodyear billed her $3,165 for court-related costs.

I feel so guilty for my complicity in supporting a more conservative SCOTUS now. What kind of screwed up logic states that a systemic corporate policy of discrimination is a crime for only six months? Not that the Court's illogic stops with anti-labor legal rulings. It goes deeper and darker -- to the death penalty, state-church separation and the Bill of Rights for persons accused in crimes. What I now know is the absolutely crucial role of a President in picking justices. A horrid executive leads to horrid justices, which is what we saw in 2005. The next president had better damn well be liberal and nominate liberal justices in order to bring back a semblance of balance to the far-right court as it exists today. I'll be doing my part.

Wednesday, April 16, 2008

VT shooting & gun laws

It's hard to believe that it's been a year since the VT shootings. It's harder still to believe that Virginians refused to amend gun statutes to protect citizens from mentally-disturbed persons making gun purchases.
NRA continues to hold dominion over Virginia
Posted January 26th, 2008 at 9:30 am

Guest Post by Morbo

After the Virginia Tech massacre, I wrote a post predicting that the horrific incident would do nothing to change our gun policy. I secretly hoped I’d be proven wrong. Sadly, it looks like I won’t.

In Virginia, lawmakers have rejected modest legislation closing a loophole that allows people to buy weapons at gun shows without undergoing a background check. This should be a no-brainer after what happened, but still the measure failed.

Reported The Washington Post:

Gun-control advocates, including survivors of the April 16 shooting rampage that took the lives of 32 victims at Virginia Tech, poured into a Senate committee meeting to support a bill that would require background checks for all gun-show sales. They then staged a “lie-in,” lying on their backs outside the Capitol to draw attention to gun deaths in Virginia last year.

Some of the survivors offered compelling personal testimony. Colin Goddard, 22, who survived the shootings and is now a senior at the school, cut to the chase when he said: “People tell me I am alive because of God or luck or a bunch of other stuff. I don’t know how much I can accept any of those, but one thing I can’t accept is that it was just criminals being criminals and I was just caught in the wrong situation at the wrong time.”

Amazingly, several gun nuts attended this event with weapons strapped on their hips. That’s right — in Virginia, it is legal to attend a public meeting of government representatives wearing a pistol. One complained that background checks are “onerous” because they can take as long as one day to complete.

At the hearing, some of the surviving students were approached by gun nuts who explained to them that had the students been armed, they could have taken out the shooter, Cho Seung-Hui. These gun nuts are clearly disturbed — yet the legislature listens to them, not the families of those who were killed.

A panel of the Virginia House of Delegates had already voted down closing the loophole. The Senate hearing was an attempt to revive it, but on Wednesday the members of the Courts of Justice Committee voted it down 9-6. All seven Republicans on the committee voted against it, as did two Democrats.

To the gun nuts, “gun control” is synonymous with seizure of weapons. They do this on purpose to frighten people. Thus, the debate becomes whether people can have guns or not instead of what reasonable restrictions we can put in place to make sure the wrong people don’t have access to guns. I don’t want to take away the rifle your uncle Fred uses to hunt deer. I do want to make sure that a deranged person can’t go to a gun show, walk out with an assault rifle and head for the nearest middle school.

If Virginia won’t even pass a baby-step measure like this in the wake of the Virginia Tech killings, then all hope for any sensible gun laws in that state is lost. As I said back in April, we are left to wait until some other deranged person decides to top Cho Seung-Hui’s grim record.

After this was written, we had the NIU shootings. Did he get those guns illegally? Nope.
The graduate student bought two of his four guns at a Champaign, Ill., gun store Saturday — indicating that he had been planning his assault for at least six days, ABC News' Richard Esposito and Pierre Thomas report. The other weapons were purchased from the same store in December and August 2007.

Tuesday, December 11, 2007

Some politics notes

Ezra asks,
for whatever reason, our politicians seem achingly incapable of simply leaving Iraq. So it's worth asking if a military deployment is really the most cost-effective way to spend billions and billions in Iraq. This site, in fact, asks the question well. "The US budget for Iraq in FY 2006 comes to $3,749/Iraqi. This is more than double their per person GDP. It's like spending $91,000 per person in the US. Why not just bribe the whole country?" But seriously: Why not just bribe the whole country? If we're determined to commit an enormous amount of resources to the Iraqi people, why not let the Ghost of Milton Friedman take over and simply design some sort of program that offers enormous economic benefits in exchange for reductions in violence?
A win for progress in the war against "the war on drugs" -- the harsh crack sentencing guidelines are coming into line with those for powdered cocaine:

African-Americans were nearly 82 percent of defendants sentenced in federal court for dealing crack, but only 27 percent of those sentenced for dealing powder cocaine, according to 2006 federal statistics. Each year, federal courts handle about 11,000 cocaine sentences, which are roughly evenly divided between crack and cocaine cases.

The issue long has been a source of contention between government prosecutors and civil rights advocates, who argue crack dealers are often targeted for longer prison terms because that drug is prevalent in urban and minority communities, while the powdered version is more commonly associated with higher-income users.

I've said it before:
I strongly disagree with complete libertarians with respect to drug policy who think that controlling substances is unnecessary/illegal on the part of the government, especially in light of drugs like Oxycontin(TM). That said, the legalization of marijuana is necessary, even if it may cause a slowdown of brain processing speed. I don't even smoke it (honest, not since 1999), but it is definitely far past the time to de-criminalize it for a plethora of reasons.
I'd go further and point out that people who are convicted of felonies for using drugs are much less able to go on to lead productive lives afterwards due to their criminal record. This all but insures that they will remain trapped in a criminal lifestyle, and converts many formerly-productive citizens into drug dealers. I think many substances ought to be controlled by the government, but de-criminalized.

Remember, government-provided health care is terrible and will lead to a decline in quality, and Dick Cheney is proof of this!

The Dems have caved again, this time on the omnibus bill.

Tuesday, December 4, 2007

A few religion-related things

Stanley Fish has redeemed himself a little since his last foray into comment on religion. This time, he emphasizes sound legal logic:
...the issues Locke identified and analyzed will never be resolved. In her dissent in Boerne, Justice O’Connor wrote, “Our Nation’s Founders conceived of a Republic receptive to voluntary religious expression, not a secular society in which religious expression is tolerated only when it does not conflict with generally applicable law.”

Yes, that’s the question. Do we begin by assuming the special status of religious expression and reason from there? Or do we begin with the rule of law and look with suspicion on any claim to be exempt for it, even if the claim is made in the name of apparently benign religious motives? [emphasis mine]
His language is tilted towards the former policy, and that means he's gained back a little of my respect.

Also, a great day for the Constitution and church-state separation as the 8th Circuit Court of Appeals struck down the state-sponsored religious program of Chuck Colson in prisons.

And on another religious note, there's an interesting new analysis of the Gospel of Judas, and one which claims the other interpretations are thoroughly wrong:

So what does the Gospel of Judas really say? It says that Judas is a specific demon called the “Thirteenth.” In certain Gnostic traditions, this is the given name of the king of demons — an entity known as Ialdabaoth who lives in the 13th realm above the earth. Judas is his human alter ego, his undercover agent in the world. These Gnostics equated Ialdabaoth with the Hebrew Yahweh, whom they saw as a jealous and wrathful deity and an opponent of the supreme God whom Jesus came to earth to reveal.

Whoever wrote the Gospel of Judas was a harsh critic of mainstream Christianity and its rituals. Because Judas is a demon working for Ialdabaoth, the author believed, when Judas sacrifices Jesus he does so to the demons, not to the supreme God. This mocks mainstream Christians’ belief in the atoning value of Jesus’ death and in the effectiveness of the Eucharist.

The author strongly criticizes National Geographic for getting it wrong. Interesting, but not very likely to impact the scholarly Christian rejection of the document either way. Mainstream Evangelicals would probably be more likely to support the document now, though, since it jives better with their interpretation of Judas.

Tuesday, November 27, 2007

The Boy Scouts of Philly & discrimination

Looks like one of the more famous discrimination cases for the Boy Scouts, this one regarding the "Cradle of Liberty Council" is coming to a head...much to the dismay of the AFA and their fallacious reasoning.

Monday, November 19, 2007

Death penalty article in the NYT

A new article in the NYT covers the timely debate on the merits of the death penalty, given that the high court is going to review the method of lethal injection as to its "cruel and unusual punishment" quality. I've mentioned twice my opposition to the death penalty, and the reasoning behind it is pretty simple and sound:
  1. Some innocent people are put to death, which is exactly the same thing as murder, and thus makes the state itself an instrument of the very crime to which it believes the death penalty should be applied. (Motive doesn't matter, only the consequences thereof.)
  2. The deterrent effect is highly dubious. All of the claimed evidence for it comes from econometric studies, while all opposing evidence is sociological and demographic. See the bottom for references.
From the NYT article today:
The studies have been the subject of sharp criticism, much of it from legal scholars who say that the theories of economists do not apply to the violent world of crime and punishment. Critics of the studies say they are based on faulty premises, insufficient data and flawed methodologies.

The death penalty “is applied so rarely that the number of homicides it can plausibly have caused or deterred cannot reliably be disentangled from the large year-to-year changes in the homicide rate caused by other factors,” John J. Donohue III, a law professor at Yale with a doctorate in economics, and Justin Wolfers, an economist at the University of Pennsylvania, wrote in the Stanford Law Review in 2005. “The existing evidence for deterrence,” they concluded, “is surprisingly fragile.”

Gary Becker, who won the Nobel Prize in economics in 1992 and has followed the debate, said the current empirical evidence was “certainly not decisive” because “we just don’t get enough variation to be confident we have isolated a deterrent effect.”

But, Mr. Becker added, “the evidence of a variety of types — not simply the quantitative evidence — has been enough to convince me that capital punishment does deter and is worth using for the worst sorts of offenses.”
also,
“I am definitely against the death penalty on lots of different grounds,” said Joanna M. Shepherd, a law professor at Emory with a doctorate in economics who wrote or contributed to several studies. “But I do believe that people respond to incentives.”

But not everyone agrees that potential murderers know enough or can think clearly enough to make rational calculations. And the chances of being caught, convicted, sentenced to death and executed are in any event quite remote. Only about one in 300 homicides results in an execution.
The first sentence of the second paragraph should be seized upon. An overwhelming majority of murders are not committed by people in a cool, calm, rational frame of mind. Besides, if killing murderers is effective at preventing future murders, so too would life imprisonment with no chance of parole. This latter option would actually be cheaper, not to mention more moral, as there would be no chance of killing an innocent person and any innocent parties would have ample time to file appeals and work towards showing exculpatory evidence.

One of the ways I wish our system would strengthen punishment is towards child molesters, whose "cure" rate is all but zero and who habitually go from bad to worse as they employ violence to cover up their crimes once they've been caught the first time. Think Jessi Lunsford.

As a father, I would have a hard time not wanting to execute vigilante justice on that motherfucker John Couey. I just hope I'll not ever be put in a position in which it is necessary to restrain my wrath.

References:

PRO-Abolition:
  1. ...THEREFORE, BE IT RESOLVED, that the American Psychological Association: Calls upon each jurisdiction in the United States that imposes capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that can be shown through psychological and other social science research to ameliorate the deficiencies identified above.
  2. "Since 1973, over 120 people have been released from death row with evidence of their innocence. (Staff Report, House Judiciary Subcommittee on Civil & Constitutional Rights, Oct. 1993, with updates from DPIC). In 2000, 8 inmates were freed from death row and exonerated; in 2001 – 2002, another 9 were freed; and in 2003, 12 were exonerated. In 2004, there were 6 exonerations." (Death Penalty Info)
  3. "Consistent with previous years, the 2004 FBI Uniform Crime Report showed that the South had the highest murder rate. The South accounts for over 80% of executions. The Northeast, which has less than 1% of all executions, again had the lowest murder rate." (Death Penalty Info)
  4. "According to a survey of the former and present presidents of the country's top academic criminological societies, 84% of these experts rejected the notion that the death penalty acts as a deterrent to murder. (Radelet & Akers, 1996)" (Death Penalty Info)
1) Deterrence and the Death Penalty: The Views of the Experts
Michael L. Radelet, Ronald L. Akers
The Journal of Criminal Law and Criminology (1973-), Vol. 87, No. 1 (Autumn, 1996), pp. 1-16
http://dx.doi.org/10.2307/1143970 FULL-TEXT (.pdf)

2) Capital Punishment and Homicide: Sociological Realities and Econometric Illusions
Ted Goertzel, Ph.D. Sociology Department -- Rutgers U
http://www.csicop.org/si/2004-07/capital-punishment.html FULL-TEXT: (.pdf)

3) The Changing Nature of Death Penalty Debates
Michael L. Radelet; Marian J. Borg
Annual Review of Sociology, Vol. 26. (2000), pp. 43-61.
http://arjournals.annualreviews.org/doi/abs/10.1146/annurev.soc.26.1.43 FULL-TEXT: (.pdf)
excerpt -- "...Overall, the vast majority of deterrence studies have failed to support the hypothesis..."

PRO-Death Penalty:

4) Does Capital Punishment Have a Deterrent Effect? New Evidence from Postmoratorium Panel Data
Hashem Dezhbakhsh, Paul H. Rubin and Joanna M. Shepherd
American Law and Economics Review V5 N2 2003 (344-376)
http://aler.oxfordjournals.org/cgi/content/abstract/5/2/344 FULL-TEXT: (.pdf)

5) The Deterrent Effect of Capital Punishment: Evidence from a "Judicial Experiment"
Hashem Dezhbakhsh and Joanna M. Shepherd
Economic Inquiry 2006 44(3):512-535; doi:10.1093/ei/cbj032
http://ei.oxfordjournals.org/cgi/content/abstract/44/3/512 FULL-TEXT: (.pdf)

6) Does Capital Punishment Deter Homicide?
[A Response to (2) above]
http://libertycorner.blogspot.com/2004/10/does-capital-punishment-deter-homicide.html
excerpt -- "...Now, I must say that I don't care whether or not capital punishment deters homicide. Capital punishment is the capstone of a system of justice that used to work quite well in this country because it was certain and harsh. There must be a hierarchy of certain penalties for crime, and that hierarchy must culminate in the ultimate penalty if criminals and potential criminals are to believe that crime will be punished. When punishment is made less severe and less certain -- as it was for a long time after World War II -- crime flourishes and law-abiding citizens become less secure in their lives and property."

Wednesday, September 26, 2007

Paper: "From Dayton to Dover"

A thorough summary of the history of education-related court cases involving the teaching of evolution and creationism in public schools:
  • Radan, Peter, "From Dayton to Dover: The Legacy of the Scopes Trial" (September 2007). Macquarie Law Working Paper No. 2007-6 Available at SSRN: http://ssrn.com/abstract=1012221
HERE is the download link. The paper explores the cultural backdrop against which the Scopes trial played out, including important immigrational considerations that are often neglected in such analyses. It is both a legal commentary and a philosophical one.

Friday, September 21, 2007

God Finally Talks

Everyone has heard by now of Ernie Chambers' attempt to sue God. This morning I read that God was granted immunity from the suit by the Douglas County District Court and that the Almighty had a message:
It adds that blaming God for human oppression and suffering misses an important point.

"I created man and woman with free will and next to the promise of immortal life, free will is my greatest gift to you," according to the response, as read by Friend.
Oh come on, God, that canard doesn't hold up to logical analysis.

1) The free will theodicy fails under the analysis of making "freedom" an unqualified, universal highest good and goal, unconditioned by its consequences:

If you really believe that it is better to honor someone's freedom to do as they wish than to restrict that freedom when it causes harm, then you would committed to having to introduce, at every opportunity, the option to do wrong, since this represents free will, no matter the consequences. Thus, the next time your toddler asks for scissors or a knife or a gun, if you deny her, you are not being God-like and giving her unconditional freedom. That's a retarded claim, isn't it?

Also, the capacity for humans to act out their will/intentions must be separated out from the will/intent itself. The rapist who waits for a jogger in the park will only succeed if the contingencies, such as when a jogger decides to go jogging, whether she is carrying pepper spray, whether she has taken self-defense classes, whether a cop goes by at the same time...etc., etc., etc., are all correctly in place. God is supposed to be in control of these contingencies that allow evil to actually occur.

Also, why would one person's will be granted, while both another person's and God's own wills are overturned?

2) The free will theodicy fails under the burden of natural, impersonal evils:

No one wills for a tsunami to wipe out 200,000 people in Indonesia. No one wills for AIDS to eradicate millions of human beings and orphan millions more. No one wills for natural disasters and natural evils at all...except the one in control of Nature, apparently...

Quit fooling around and just admit you don't exist, God! :)

In related news, please explain to me, someone, anyone, how your 10 Commandments form the basis of our Constitutional Repupublic and its laws? Go down the list of the Bill of Rights and you find direct conflicts between the 10C and the 10A (amendments). It takes a mental contortionist to hold to the otherwise. Our laws are in no wise based on the ancient Jewish laws, and societies had laws against murder and theft and perjury long before (and long after) the Jews did.

Sunday, July 22, 2007

One of the major reasons we should oppose the death penalty

From the NYT Select: (read it free with a .edu email)
In April, Jerry Miller, an Illinois man who served 24 years for a rape he did not commit, became the 200th American prisoner cleared by DNA evidence. His case, like the 199 others, represented a catastrophic failure of the criminal justice system.
...
Brandon L. Garrett, a law professor at the University of Virginia, has, for the first time, systematically examined the 200 cases, in which innocent people served an average of 12 years in prison. In each case, of course, the evidence used to convict them was at least flawed and often false — yet juries, trial judges and appellate courts failed to notice.
And people wonder why I'm against the death penalty...

Wednesday, June 27, 2007

So Depressing

So sad to read about Hein v. FFRF.

SCOTUS is just what the theocrats had wet dreams it would be -- completely unmoved by the idea that the Executive Branch using tax money to further religion is unconstitutional.

Taxpayers, he said, "set out a parade of horribles that they claim could occur" by allowing such faith-based funding to continue, suggesting the federal government could build a national house of worship, or buy Jewish Stars of David and distribute them to public employees.

"Of course none of these things has happened," said Alito, and "in the unlikely event that any of these executive actions did take place, Congress could quickly step in."
*sigh*

Things very similar to this have happened -- the government funds appropriated for "abstinence-based sex ed" have been used to promote religious ideology over scientific fact at the expense of the health of millions of people. The exponential rise of AIDS in Africa can rightly be framed as a serious implication of such policies, in concert with Vatican dogma against condom usage.

Alito is the author of the unitary executive legal theory which all but confers dictatorial powers to the President, which he has cited numerous times in his usage of "signing statements" to bypass him having to actually obey the law. This should come with little surprise. Everyone knew that Kennedy was the swing vote.
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