Archive for 2012

PRIVILEGE AND THE BELFAST PROJECT. “To induce participants to document their memories for posterity, Belfast Project historians promised all those interviewed that the contents of their testimonials would remain confidential until they died. More than a decade later, this promise of confidentiality is at the heart of a legal dispute implicating the United States’ bilateral legal assistance treaty with the United Kingdom, the so-called academic’s privilege, and the First Amendment.”

IS PUTTING YOUR KID IN PUBLIC SCHOOLS PARENTAL MALPRACTICE? (CONT’D): Boy, Not Making Bombs, Arrested for Having Things Cops Think Could Blow Up (And For Drawings That Spooked a Teacher). Nothing actually dangerous was found.

Lest you think it is inherently suspicious a young man would have chemicals or electronic parts, note that his school is, according to a Press of Atlantic City account, “a magnet school with programs focusing on engineering and environmental sciences and specializing in hands-on learning.”

The system and police should apologize, and there should be consequences and reparations all around. But there won’t be, because accountability is for the little people. Which is why I’m beginning to think that putting your kids in public schools might just be parental malpractice.

I THINK THE ANSWER IS “NO.” Should We Criminally Punish Non-Violent, Regulatory Offenses? Indeed, I think it might be that the distinction between malum prohibitum and and malum in se should be incorporated in due process analysis. This is something I mean to discuss if I ever get around to writing my Due Process When Everything Is A Crime piece.

IN RICO SUIT AGAINST ANIMAL-RIGHTS TERRORISM, ASPCA Pays $9.3 Million in Landmark Ringling Bros. and Barnum & Bailey Circus Settlement.

This settlement applies only to the ASPCA. Feld Entertainment’s legal proceedings, including its claims for litigation abuse and racketeering, will continue against the remaining defendants, Humane Society of the United States, the Fund for Animals, Animal Welfare Institute, Animal Protection Institute United with Born Free USA, Tom Rider and the attorneys involved.

“These defendants attempted to destroy our family-owned business with a hired plaintiff who made statements that the court did not believe. Animal activists have been attacking our family, our company, and our employees for decades because they oppose animals in circuses. This settlement is a vindication not just for the company but also for the dedicated men and women who spend their lives working and caring for all the animals with Ringling Bros. in the face of such targeted, malicious rhetoric,” said Kenneth Feld , Chairman and Chief Executive Officer of Feld Entertainment.

The “animal rights” movement has been a haven for terrorism, lawfare, and all sorts of misconduct for years. It deserves far more scrutiny than it gets. As, for that matter, does the entire nonprofit sector.

And do the ASPCA, et al., get their nonprofit status reviewed in light of this misconduct?

2012: “To be frank, most pols had a year of which they should not be proud. President Obama ran a mean-spirited reelection campaign without a specific agenda; he and the country are paying for that now. Mitt Romney lost a winnable race, in part because his political operation was inferior to the Obama machine and in part because he could not connect at a visceral level with enough voters. Senate Democrats went another year without passing a budget and as of this writing haven’t put forth any plan to avoid the fiscal cliff. Speaker of the House John Boehner (R-Ohio) struggled mightily to forge a deal but perhaps has been too optimistic about the president’s deal-making abilities and his conference’s political maturity.”

WAR ON SCIENCE: Obama’s Science Commitment, FDA Face Ethics Scrutiny in Wake of GMO Salmon Fiasco.

Two years ago, the FDA had said it was going to release its environmental assessment, the final document in the approval process, within weeks. It was finally and quietly posted on the FDA’s website only last Friday—just hours before the long holiday weekend—and published in the Federal Register on Wednesday.

The release came, FDA sources say, in response to the publication of an investigation in Slate by the Genetic Literacy Project two days before, on December 19. The GLP, which I head, had reported that the FDA had definitively concluded last spring that the fish would have “no significant impact” on the environment and was “as safe as food from conventional Atlantic salmon.” However, the draft assessment, dated April 19, 2012, was not released—blocked on orders from the White House.

The seven month delay, sources within the government say, came after discussions late last spring between Health and Human Services Secretary Kathleen Sibelius’ office and officials linked to Valerie Jarrett at the Executive Office, who were debating the political implications of approving the GM salmon. Genetically modified plants and animals are controversial among the president’s political base, which was thought critical to his reelection efforts during a low point in the president’s popularity. . . .

According to sources, the White House political block—a direct violation of numerous ethics regulations and possibly of federal laws—was instituted over the objections of scientists at the FDA, but with the awareness of HHS Secretary Sibelius, her senior adviser Andrea Palm and the Office of Science and Technology Policy and its director John Holdren, who is responsible for enforcing “science integrity” across government agencies.

Chris Mooney, call your office.

INVOLUNTARY SERVITUDE: State of Kansas wants sperm donor found on Craigslist to pay for daughter born to lesbian couple.

UPDATE: Reader Shane McNeill writes:

As a retired attorney, this case is every reason I got out of private and public law practice once we had children of our own. These idiot parents who have children as some kind of status thing, and then delegate them to pawn in their continuing battle with immaturity or responsibility.

This plaintiff no doubt has no financial skin in this lawsuit, and the guy, who by all accounts did this in good faith for good will and at no profit, no doubt had to hire counsel to reply to this abuse.

Is there any kind of fund established to your knowledge to help this guy offset his legal expenses?

This is bullshit, and everything that is wrong with this country. The article barely glances over the “co-parent” who disappeared apparently shortly after the transaction took place.

And there is no reference of any kind to hold this co-parent responsible for the costs the taxpayers are stuck with due to their irresponsibility.

Yes, it’s pathetic. And I don’t know of any legal defense fund. Does anyone?

SHUT UP, THEY EXPLAINED.

The editors end the way these “conversations” usually do:

“If LaPierre and the NRA truly want to make meaningful contributions, they should have the grace, decency and good sense to get out of the way. They’ve dominated the debate over gun violence for decades. And they’ve failed.”

Translation: “shut up.” We know what’s best for you.

They keep using that word, “conversation.”

JOHN HAYWARD: The Bitter Wastes of Politicized America.

The rest of us should consider the contemptible behavior of people like Hoyer as we watch the expansion of politics into every area of our lives. The government grows; the private sector diminishes; everything becomes a political act. Soon you will see the phrase “none of your business” become an antique aphorism, as quaint as telling someone to “dial” a telephone number. Everything is everyone’s business now. That’s what Big Government means.

That’s what America signed up for by re-electing Barack Obama, who is more dedicated to the contraction of the private sphere than any predecessor in living memory. He appears to sincerely believe that government control is necessary to achieve virtue. But the conduct of our political leadership doesn’t seem terribly virtuous, does it? It’s not even very polite.

No, the bigger the government gets, the nastier our political class becomes.

HOW’S THAT HOPEY-CHANGEY STUFF WORKIN’ OUT FOR YA? (CONT’D): Judge rebuffs feds’ secret arguments on no-fly list. “A federal judge in California has rejected the Obama administration’s effort to use secret arguments and evidence to defeat a lawsuit relating to the so-called no-fly list designed to keep suspected terrorists off of airline flights.”

#NARRATIVEFAIL: California gun sales jump; gun injuries, deaths fall. “Gun deaths and injuries have dropped sharply in California, even as the number of guns sold in the state has risen, according to new state data. Dealers sold 600,000 guns in California last year, up from 350,000 in 2002, according to records of sale tallied by the California Attorney General’s office. During that same period, the number of California hospitalizations due to gun injuries declined from about 4,000 annually to 2,800, a roughly 25 percent drop, according to hospital records collected by the California Department of Public Health. Firearm-related deaths fell from about 3,200 annually to about 2,800, an 11 percent drop, state health figures show.”

GREG MANKIW: Wishful Thinking And Middle-Class Taxes. “Ultimately, unless we scale back entitlement programs far more than anyone in Washington is now seriously considering, we will have no choice but to increase taxes on a vast majority of Americans. This could involve higher tax rates or an elimination of popular deductions. Or it could mean an entirely new tax, such as a value-added tax or a carbon tax.” I’m willing to scale back entitlement programs that much. . . .