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1601  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2012 Presidential on: December 17, 2011, 02:52:40 PM
We still need a President.  Who then?

A Crafty/DougMacG ticket.  With GM as SecDef.   evil cool
1602  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Fraternity rape survey on: December 17, 2011, 12:13:56 PM
http://www.cnn.com/2011/12/17/us/vermont-rape-survey/index.html?hpt=hp_t2
1603  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Constitutional Showdown in the Philippines on: December 17, 2011, 11:53:48 AM
This is pretty interesting.  The article makes clear comparison of the situation today in the Philippines to the "Court Packing Plan" in the U.S. under FDR.

http://opinion.inquirer.net/19229/‘save-the-constitution-from-the-court…’
1604  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Mother Jones on NDAA on: December 16, 2011, 07:54:52 PM
Mother Jones' take on NDAA:
http://motherjones.com/mojo/2011/12/defense-bill-passed-so-what-does-it-do-ndaa
1605  Politics, Religion, Science, Culture and Humanities / Politics & Religion / NDAA Set To Become Law: The Terror Is Nearer Than Ever on: December 16, 2011, 09:09:14 AM
http://www.businessinsider.com/ndaa-set-to-become-law-the-terror-is-nearer-than-ever-2011-12#ixzz1gf5oyjR6   angry angry huh sad

It turns out that destroying the American democratic republic was easy to accomplish, historians will write someday. Simply get the three major cable news networks to blather on about useless bull**** for a few days, while legislators meet in secret behind closed doors to rush through the National Defense Authorization Act of 2012 (NDAA), and its evil twin sister, the Stop Online Piracy Act (SOPA), which is a clever name for an Internet censorship bill straight out of an Orwellian nightmare

And there is more on this, including Obama repealing his veto threat. 

Is our work here done, or is there a new beginning? 
1606  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy, Big Brother (State and Corporate) & the 4th Amendment on: December 16, 2011, 08:39:59 AM
From GM: "Technology is a double-edged sword and one cannot decry it's ills while embracing it's goods. Say one of your kids has gone missing on a camping trip in the Sierra Nevadas. Given the choice, you you want the local Sheriff's Dept to have a small UAV with FLIR capabilities or not?"

I must confess to not understanding your point here, GM.  There is a major difference between use and misuse.  I appreciate trucks, for example, and decry their use in human trafficking.  I appreciate beer, and decry drunk driving (or other dangerous, derogatory behavior that often accompanies intoxication).  I appreciate guns, and decry their use school, workplace, domestic, terroristic shootings.  

I realize that I am jumping into an already established, ongoing debate.  If you prefer to not reply because of this, I understand.  
1607  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: What is college for? on: December 16, 2011, 08:35:10 AM
An interesting article from a philosophy professor on the purpose of college.

http://opinionator.blogs.nytimes.com/2011/12/14/what-is-college-for/

What is your take, BD?

You know I like college, GM. 
1608  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Programmer under oath admits computers rig elections on: December 15, 2011, 03:49:18 PM


Very interesting.  Paper trail!!!???
1609  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / WoW and CHUCK NORRIS!!! on: December 15, 2011, 12:32:03 PM
http://www.youtube.com/watch?v=zKaIlT_lK1s
1610  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / What is college for? on: December 15, 2011, 12:29:32 PM
An interesting article from a philosophy professor on the purpose of college.

http://opinionator.blogs.nytimes.com/2011/12/14/what-is-college-for/
1611  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / searchable USSC opinion website on: December 14, 2011, 04:45:20 PM
I recieved the following email from one of the authors who wrote the paper cited below.  The project looks interesting, to say the least.


I wanted to share an exciting legal language project that I think might be of interest to some you  http://legallanguageexplorer.com/  

In partnership with Michigan State University Law School  &  Emory Law School,  I am proud to announce the Beta Pre-Release of a Free New website designed to assist law scholars and students:   http://legallanguageexplorer.com/

Check it out and please feel free to share with others including blogs, your students, colleagues, etc.  We would love to get some web-traffic so we can identify bugs, etc. and make the site better for everyone.


HERE IS THE BASIC IDEA OF THE SITE:  
For Free, we offer you the chance to search the history of the United States Supreme Court (1791-2005) for ANY PHRASE  and get a frequency plot and the full text case results for that phrase.  Additional corpora such as US Ct. of Appeals Coming Very Soon!

We are just getting started here with this project and anticipate many features that will be rolling out to you in the near future.  We have announced it to world - so please feel free to share it with others.  

In addition, as we are still in Beta Pre-Release -- please feel free to send us your feedback / comments on the site.  Subject to resource and feasibility limitations, we are looking to make improvements to the site as we go.    


SCOPE OF COVERAGE:
In the current version, we are offering FULL TEXT results for EVERY decision of the United States Supreme Court (1791-2005).  We plan to soon expand to other corpora including the U.S. Court of Appeals, etc.
  

BASIC FEATURES:
Instant Return of a Time Series Plot for One or More Comma Separated Phrases.
When you access the site, the default search is currently interstate commerce, railroad, deed (with plots for each of the term displayed simultaneously).

Feel free to test out ANY phrase of Up to Four Words in length.

Here are just a few of our favorites:
Clear and Present Danger

Habeas Corpus

Custodial Interrogation

Due Process

Economics
Unconstitutional

Property

Privacy


FULL TEXT CASE ACCESS:

Each of the Phrases you search will be highlighted in Blue.  If you click on these highlighted phrases you will be taken to the full list of United States Supreme Court decisions that employ the selected phrase.  
Click to export the list to Excel or Click on an individual case and you will be able to access this case for free thanks to Carl Malamud at Public Resource.org (a Google Sponsored Public Interest Non Profit).

ADVANCED FEATURES:
  
Check out the advanced features including normalization (controlling for docket size) and alternative graphing tools.

PAPER:

Daniel Martin Katz, Michael J. Bommarito II, Julie Seaman, Adam Candeub & Eugene Agichtein, Legal N-Grams? A Simple Approach to Track the ‘Evolution’ of Legal Language in Proceedings of Jurix: The 24th International Conference on Legal Knowledge and Information Systems (Vienna 2011)  available at  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1971953

HELP / TUTORIAL:
Go Here and You Will Be Directed to a Brief Slide Based Tutorial Designed to Highlight Various Functions Available on the Site.  http://www.slideshare.net/Danielkatz/legal-language-explorer-com-tutorial  




1612  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Never Trust Anyone Who Hasn’t Been Punched in the Face on: December 14, 2011, 02:19:39 PM

Conservatives like to talk about the causes of Western Civilization’s downfall: feminism, loose morality, drug abuse, Christianity’s decline, reality TV. Blaming civilization’s downfall on lardy hagfish such as Andrea Dworkin is like a doctor diagnosing senility by an old person’s wrinkles. The fact that anyone listened to such a numskull is a symptom, not the cause, of a culture in decline. The cause of civilizational decline is dirt-simple: lack of contact with objective reality. The great banker-journalist (and founder of the original National Review) Walter Bagehot said it well almost 150 years ago:


Please share this article by using the link below. When you cut and paste an article, Taki's Magazine misses out on traffic, and our writers don't get paid for their work. Email editors@takimag.com to buy additional rights. http://takimag.com/article/never_trust_anyone_who_hasnt_been_punched_in_the_face/print#ixzz1gXgMcchx
1613  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Constitution Quest game on: December 13, 2011, 04:29:44 AM
This game may interest some:

http://www.constitutionquest.com/Home.html
1614  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: The war between useless and useful on: December 11, 2011, 06:53:31 AM
May I ask what you consider to be "real world" skills or "useful" courses of study, GM?

http://classicalvalues.com/2011/11/the-war-between-useless-and-useful/

The war between useless and useful
November 28, 2011 11:56 am - Author: Eric


 

The Democrats have finally officially decided to dump the white working class.
 

For decades, Democrats have suffered continuous and increasingly severe losses among white voters. But preparations by Democratic operatives for the 2012 election make it clear for the first time that the party will explicitly abandon the white working class.
 
All pretense of trying to win a majority of the white working class has been effectively jettisoned in favor of cementing a center-left coalition made up, on the one hand, of voters who have gotten ahead on the basis of educational attainment — professors, artists, designers, editors, human resources managers, lawyers, librarians, social workers, teachers and therapists — and a second, substantial constituency of lower-income voters who are disproportionately African-American and Hispanic.
 
Bear in mind that the group that is being jettisoned was once the backbone of the Democratic Party, just as the big business/country club sets were once the backbone of the Republican Party.
 
I can’t speak for the rest of the country, but from what I’ve seen around here, the white working class is quite used to feeling abandoned. Liberals are seen as the sort of people who would never get their hands dirty and who disdain blue collar jobs of any kind, instead gravitating towards elite positions at universities or jobs in government or public policy where they can tell their inferiors what to do. While the universities are filled with the latter, local community colleges are inundated with white working class kids seeking to obtain for themselves what they failed to get from the public schools: basic literacy and numeracy — and job skills which are of actual use in the real world.
 
Aside from the irony that anyone with a high school degree should have to go to college in order to learn to read and write, a perfect example of a valuable real-world skill is welding. Public school teachers (who reflect the view of the educrat class) tend to hold such “dirty” and “dangerous” work in disdain, and they steer kids away from it. Guidance counselors attempt to push them into universities where they go into a lifetime of debt for worthless degrees that impart zero job skills. But some of the kids are smarter than that. They realize that if you have a skill that is worth something in the real world, you can actually feed your family.

 
They also know something that the Occupy movement (often holders of useless degrees) has missed: that the educational system’s institutional bias against promoting real world skills has led to shortages — in some instances not of jobs, but of skilled workers to fill them. Such as welders.

1615  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: More on laches on: December 11, 2011, 06:51:50 AM
Guro,
     I have come to the conclusion that, while I do not like the idea of tying laches into civil liberties questions, and while I am not sure that legally your argument makes sense (or does make sense), at this juncture it does not matter.  You have won, at least in the sense that there has been a massive police crackdown nationally.  So, as the OWS movement appears to be in its death throws, I think the answer has been illustrated, even if the question was wrong.  If the Occupy movement is resusitated as the weather turns, or they decide to try, try again whenever, I will revisit the discussion.


a.  Yes, but...

b.  Agreed.  What I am trying to figure out, at a snail's pace, is the role/applications/limits of the sub-national governments and laches.  I have read some cases, including one from a Carolina (I think), that says that laches is not applicable to the states.  And, albeit a different question, the fact the the circuits can/do/have applied laches differently in different circumstances MAY mean that that your argument is applicable some places but not others.  Basically, I've been doing a a fair amount of reading on the subject recently, and need some time to figure it out. 


BD: I just skimmed that so please forgive me if I have missed some points, but herewith my observations

a) First and foremost, the question presented is inapplicable to the point I am making.  Are we agreed on this?

b) I don't have the separation of powers problem that some of the circuits do.  Isn't this a matter of remedy of law and/or equity?  To borrow the analogy of one of my professors (the wonderful Willis Reese, who was the Reporter for the Restatement of Conflict of Laws IIRC and/or maybe another one too)  I may have the right under the law to play the saxophone, but under the equitable doctrine of nuisance I do not have the right to play it under your bedroom window at 0300.   What is the difference of this from saying that that statutorily provided term for the statute of limitations does not foreclose the equitable doctrine of laches from being applied to the behavior for which it is intended?


PS:  Upon reflection, I am going to guess that the Supreme Court case of which I have been thinking was US v. GM (or GM v US) and would have been between 1917 and 1980; though I would guess it to have been decided in the 1960 or 70s.
1616  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Foreign Policy on: December 09, 2011, 01:49:13 PM
OK, but since we don't know, there could be plans in the works.  This is the same president who smiled at jokes about his inability to find bin Laden as the plans to kill him were being launched.  This is the same country that was the target of Stuxnet (something I am confident pissed Iran off).  I get your concern/lack of confidence/etc. but...
1617  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Gulf of Aden on: December 09, 2011, 01:46:17 PM
The Gulf of Aden may be the most important body of water that no one seems to have heard of. 

https://www.10million.org/he/Piracy%20and%20Terror%20in%20the%20Gulf%20of%20Aden%20
1618  DBMA Martial Arts Forum / Martial Arts Topics / Evans and Torres "miscues" on: December 09, 2011, 04:59:55 AM
http://mma-boxing.si.com/2011/12/08/dana-white-responds-to-rashad-evans-miguel-torres-media-miscues/?sct=hp_t2_a17&eref=sihp

Miguel Torres has been let go by the UFC and Rashad Evans apologized to Dana White, both for expressing inappropriate thoughts. 
1619  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Foreign Policy on: December 08, 2011, 09:49:03 PM
What were the three plans?
1620  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: More on laches on: December 08, 2011, 07:34:46 AM
a.  Yes, but...

b.  Agreed.  What I am trying to figure out, at a snail's pace, is the role/applications/limits of the sub-national governments and laches.  I have read some cases, including one from a Carolina (I think), that says that laches is not applicable to the states.  And, albeit a different question, the fact the the circuits can/do/have applied laches differently in different circumstances MAY mean that that your argument is applicable some places but not others.  Basically, I've been doing a a fair amount of reading on the subject recently, and need some time to figure it out. 


BD: I just skimmed that so please forgive me if I have missed some points, but herewith my observations

a) First and foremost, the question presented is inapplicable to the point I am making.  Are we agreed on this?

b) I don't have the separation of powers problem that some of the circuits do.  Isn't this a matter of remedy of law and/or equity?  To borrow the analogy of one of my professors (the wonderful Willis Reese, who was the Reporter for the Restatement of Conflict of Laws IIRC and/or maybe another one too)  I may have the right under the law to play the saxophone, but under the equitable doctrine of nuisance I do not have the right to play it under your bedroom window at 0300.   What is the difference of this from saying that that statutorily provided term for the statute of limitations does not foreclose the equitable doctrine of laches from being applied to the behavior for which it is intended?


PS:  Upon reflection, I am going to guess that the Supreme Court case of which I have been thinking was US v. GM (or GM v US) and would have been between 1917 and 1980; though I would guess it to have been decided in the 1960 or 70s.
1621  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / goodbye electoral college? on: December 08, 2011, 05:10:37 AM
Here is a report on Mitch McConnell's view of the "dissolution" of the Electoral College.

http://nbcpolitics.msnbc.msn.com/_news/2011/12/07/9280257-mcconnell-warns-of-popular-vote-catastrophic-outcome

Addressing what he called “the most important issue in America that nobody is talking about,” Senate Republican Leader Mitch McConnell warned Wednesday that the National Popular Vote movement is “getting dangerously close to achieving their goal of eliminating the Electoral College without actually amending the Constitution -- without anybody even noticing, unfortunately, what they’re up to.”

The National Popular Vote is a compact among state legislatures under which they pledge that they’ll award their electoral votes to the presidential candidate who wins the most popular votes nationwide, even if that candidate was not the majority choice of their state’s voters.

So far, California, seven other states, and the District of Columbia (all of which have large Democratic majorities) have passed legislation taking the National Popular Vote pledge. Those states and D.C. account for 132 electoral votes. The compact says it is to take effect when states with a total of at least 270 electoral votes have agreed to it.

Article II, Section 1 of the Constitution gives each state legislature the power to decide how its state’s presidential electors are selected. All but two states (Nebraska and Maine) use a winner-take-all system in which the person who gets the most popular votes in that state wins all of its electoral votes.

In a speech at the conservative Washington think tank the Heritage Foundation, McConnell said a national popular vote tally might require recounts in all 50 states, if the margin of victory were small.

“Imagine the following scenario: you’ve got a national election within 100,000 votes. That happened in 1968,” McConnell said.

The national popular vote would give “every precinct in America the incentive to have a recount so that recounts are going on in 50 states … When the national popular vote total is the way the president is chosen, then every vote in America in every precinct in America would become the subject for endless litigation. There wouldn’t be a chance the presidency would be resolved by Jan. 20 in time for swearing in.”

This would, McConnell said, be “a catastrophic outcome” and “a constitutional crisis” that “brings this country to its knees. We’ve never had a situation where the president wasn’t sworn in by the date specified in the Constitution.”

He added, “The proponents of this absurd and dangerous concept are trying to get this done while nobody notices, just sort of sneak this through,” and “we need to kill it in the cradle before it grows up.”


McConnell was joined at the event by the secretaries of state – the chief election officials in the states – of Iowa, Colorado, Kansas, Tennessee, Alabama and Mississippi, all of whom are Republicans and all of whom oppose the National Popular Vote.

Kansas Secretary of State Kris Kobach acknowledged that under the current electoral vote system voting by ineligible people might occur in hotly contested states.

Kobach contended that with NPV, “the incentive for voter fraud increases dramatically overall because you can just go to the state that is the weakest link in the chain and has the lowest protections against voter fraud and run up a huge number of fraudulently cast votes in that state much more effectively than going to a battleground state.”

Until now, enthusiasm for the NPV idea has come mostly from Democratic states and from progressives who are still chagrined that Al Gore lost the White House in 2000 even though he had more popular votes than George W. Bush. Gore’s defeat was the fourth time in the nation’s history that the person with the largest number of popular votes didn’t win the electoral vote tally, (with 270 needed to win).

Four years ago, it seemed clear that America would not see a reprise of the 2000 election. In the fall of 2008, Barack Obama had a significant lead in several battleground states such as Colorado.

But this time around a close election, and even a 2000 scenario, appears more plausible. That has revived interest in the national popular vote, which now has the backing of wealthy businessman Tom Golisano, a former independent candidate for governor of New York. 

Some Republicans are also backing the idea.

Republican Ray Haynes, former whip of the California state assembly, said, “35 states and 225 million Americans have absolutely no say over how the president is elected” because candidates spend all their time in the battleground states: Wisconsin, Virginia, Colorado and a handful of others.



Haynes said National Popular Vote would benefit California – a state no Republican presidential candidate has carried since 1988 – by giving candidates a reason to go there in the fall campaign and appeal to the state’s voters. 

Right now, he said, “California is the national ATM for every presidential candidate. In the last election we put $152 million into the presidential campaigns, but do you know how many visits California got from presidential candidates to court California voters? Zero.”

He said in the fall campaign the candidates “don’t care about California issues. They care about what happens in Florida, they care about what happens in Ohio, they care about what happens in Pennsylvania, but they don’t even talk to California.”


This would change under a National Popular Vote system because even though there are more Democratic voters in California than Republicans, there still leaves a huge number of GOP voters in the Golden State: at least five million – the number McCain won there in 2008 – and potentially far more than that if a GOP candidate showed up in the state and competed for them.

All of those votes would be added to the GOP candidate’s national vote total – which could win him the White House.

There’s another reason Republicans should support the National Popular Vote system, Haynes said. He sees a scenario in which Obama very narrowly carries the bare minimum of states needed to get 270 electoral votes: let’s say Virginia and Ohio by 10,000 votes each. “There’s a very serious chance that Obama loses the popular vote and wins the election. It would be the 2000 election in reverse.”
.
1622  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / laches is not applied in all circuits on: December 07, 2011, 10:35:58 PM
This is an interesting article on laches and the impact of the appellate court decisions on its applicability. 

http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1051&context=vulr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Dhow%2520does%2520laches%2520limit%2520state%2520goverment%2520%26source%3Dweb%26cd%3D7%26ved%3D0CFAQFjAG%26url%3Dhttp%253A%252F%252Fscholar.valpo.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1051%2526context%253Dvulr%26ei%3DyzzgTpiUNO6IsALwnrTuBg%26usg%3DAFQjCNGtADF1Hv3zL5uuijUJsbn24uE78g#search=%22how%20does%20laches%20limit%20state%20goverment%22
1623  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Obama Phenomena on: December 07, 2011, 08:47:54 PM
Well, last night I was told that Obama's speech writer was "Jon Faverau."  This is true, as it turns out, but he had nothing to do with "Swingers" or "Iron Man."  Also, I thought there were some interesting tidbits in there: his apology to HC, his initial meeting of Obama backstage at the DNC in 2004, etc.  Nothing really important, just interesting.  And, as Obama's speechwriter, he does play a pretty major role in the "Obama Phenomena."
1624  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Electoral College issues on: December 07, 2011, 08:44:21 PM
This is more "presidential" than necessarily limited to 2012, but here is a report on Mitch McConnell's view of the "dissolution" of the Electoral College.

http://nbcpolitics.msnbc.msn.com/_news/2011/12/07/9280257-mcconnell-warns-of-popular-vote-catastrophic-outcome
1625  Politics, Religion, Science, Culture and Humanities / Politics & Religion / more on NDAA on: December 07, 2011, 05:04:22 AM
http://gawker.com/5865089/20-things-you-should-know-about-americas-most-horrifying-new-law

http://www.nytimes.com/2011/12/02/us/senate-declines-to-resolve-issue-of-american-qaeda-suspects-arrested-in-us.html?_r=1 (from a link in the above article)
1626  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Obama's speechwriter on: December 07, 2011, 04:45:51 AM
http://en.wikipedia.org/wiki/Jon_Favreau_(speechwriter)
1627  Politics, Religion, Science, Culture and Humanities / Politics & Religion / NDAA on: December 07, 2011, 04:32:32 AM
http://www.forbes.com/sites/erikkain/2011/12/05/the-national-defense-authorization-act-is-the-greatest-threat-to-civil-liberties-americans-face/
1628  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / mustache makes the man on: December 07, 2011, 04:15:16 AM
http://flavorwire.com/238333/mustaches-make-the-man
1629  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: We the Well-armed People (Gun rights stuff ) on: December 06, 2011, 04:27:04 PM
"An even better synopsis.  And sorry... I am not used to not being the object of the fire!!!"

Hey, it's "Higher Consciousness through hard contact", even in the written format, right?   wink

Absolutely.  And I genuinely appreciate our discussions... and the bruises. 
1630  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: We the Well-armed People (Gun rights stuff ) on: December 06, 2011, 03:52:02 PM
BD:  I am super pressed for time due to catching up from my recent trip.  May I ask you for a summary of the article's hypothesis?


Blame the gun lobby. 

As I said, GM, you will zero argument from me.  I just found it and thought it should be read.  Know your enemies (and their specific arguments). 




An even better synopsis.  And sorry... I am not used to not being the object of the fire!!!   cheesy
Copy BD. My fire was directed at the FP piece, not you. Your disclaimer was noted.

Crafty,

If Americans would just stop bitterly clinging to their guns, the ATF wouldn't have to arm the Mexican drug cartels.
1631  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: We the Well-armed People (Gun rights stuff ) on: December 06, 2011, 03:10:06 PM
BD:  I am super pressed for time due to catching up from my recent trip.  May I ask you for a summary of the article's hypothesis?


Blame the gun lobby.  

As I said, GM, you will get zero argument from me.  I just found it and thought it should be read.  Know your enemies (and their specific arguments).  

1632  Politics, Religion, Science, Culture and Humanities / Politics & Religion / impact on elections of cartels on: December 06, 2011, 09:32:03 AM
http://articles.latimes.com/2011/nov/14/world/la-fg-mexico-michoacan-elections-20111114
1633  Politics, Religion, Science, Culture and Humanities / Politics & Religion / a different take on Fast and Furious on: December 06, 2011, 09:29:13 AM
This is offered for consideration only.  I will not be defending this.  I just thought the different view was worth the read. 

http://www.foreignpolicy.com/articles/2011/08/30/mexican_roulette
1634  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / TV at the USSC? on: December 06, 2011, 09:22:39 AM
http://www.c-span.org/Events/Congress-Considers-the-Televising-of-Supreme-Court-Arguments/10737426031-1/
1635  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: We the Well-armed People (Gun rights stuff ) on: December 06, 2011, 05:22:39 AM
That is an excellent post, BBG. 
1636  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 05, 2011, 05:36:33 PM
First of all, Guro, thank you.  I appreciate your view of my intelligence.

Public sidewalks are not private property.  And, even if there is trespass without complaint, that doesn't mean that criminal action can take place.  (If I do not complain about meth producers, this does not make their actions legal.)  If the actions that take place from Black Friday shoppers or those who wait in line for concert tickets, such as obstructing public sidewalks, I've never heard any complaints.  But now that there is political movement doing the same thing, albeit for a duration, people are up in arms.

As for laches, there seems to be a gray area.  According to http://dictionary.law.com/Default.aspx?selected=1097 laches is "the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush." Examples: a) knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until Nat Neighbor has built a house which encroaches on the property in which Owner has title; b) Tommy Traveler learns that his father has died, but waits four years to come forward until the entire estate has been distributed on the belief that Tommy was dead; c) Susan Smart has a legitimate claim against her old firm for sexual harassment, but waits three years to come forward and file a lawsuit, after the employee who caused the problem has died, and the witnesses have all left the company and scattered around the country. The defense of laches is often raised in the list of "affirmative defenses" in answers filed by defendants, but is seldom applied by the courts. Laches is not to be confused with the "statute of limitations," which sets specific periods to file a lawsuit for types of claims (negligence, breach of contract, fraud, etc.)." 

Using the first of these examples, the cities of NYC and LA, at least, for damn sure waited until "Nat Neighbor has built a house."  Months after parks were occupied these cities decided that there was a nuisance. 

I don't understand this: "PS:  'People lose their liberties by actions of the government.'-- only under Due Process."  You have made the argument, with consistency, that people lose their liberties often without the due process ensured by the government.  Isn't this much of your concern with the Obama administration and Supreme Court (Kelo, for example)? 





BD:

You are a very bright guy, but I confess I am not fully following your logic.  In the give and take of life in a (still somewhat) free society, lots of stuff gets let slide.  Perhaps a relevant concept would be the law of trespass.  For example, someone comes on my property without permission.  If I don't complain, there is no problem.  If I do complain, then I have the right to eject them and/or have the authorities do so.  Would this not be the case with people camping out the night before Black Friday?

I suspect public defecation has been a no-no for quite some time. 

And yes there have been incidents, or perhaps even episodes, of "public camping" over the years, though nothing like OWS with its weeks/months of taking over public parks and such comes to mind (maybe IIRC Pershing clearing out a Hooverville in the 1930s?).  Should existing local ordinance have a gap in it, if I understand your argument correctly you are asserting that the local authorities are estopped from passing an ordinance to deal with an existing problem if the problem has a political component.

I challenge this.  It is not that OWS holds a particular political POV, it is that, regardless of its POV it is taking over public property, creating a mess and a health hazard, obstructing others from the use of the public common, and not moving on when asked to do so.

In conclusion, I see no inconsistency in my position whatsoever.
1637  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Hidden images in Mona Lisa? on: December 04, 2011, 12:43:07 PM
http://www.msnbc.msn.com/id/26184891/vp/45541410#45541410
1638  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Is the DEA money laundering??? on: December 04, 2011, 08:54:30 AM
http://www.msnbc.msn.com/id/45539772/ns/us_news-the_new_york_times/
1639  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The congnitive dissonance of the left on: December 03, 2011, 02:16:10 AM
Thank you Doug.

And for what is worth, I used to ride the elevator with a Nobel Prize winner and a different economist who was an architect of the Reagan economic policy, neither of whom I would call "liberal."  Oh, and the professor I took Price Theory with who is an IHS fellow.  Damn my liberal, Ivy League-quality education.

Did they cover what statistical outliers are in that liberal, Ivy League-quality education?

Of course they did, GM.  If you read closely, I was responding to a particular post that was discussing the absolute absence of conservatives in higher education.  I then went on to say "...I can't, for the life of me, understand why it is impossible to imagine conservatives teaching at top flight universities."  There was nothing in either of my posts that should indicate to you that I was suggesting a 3-1 conservative to liberal ratio.  But, I did illustrate that there is NOT an absolute absence of conservatives teaching in the nation's finest universities. 

And, there are conservatives who teach at the nation's finest law schools.  The University of Chicago, which is consistently ranked in the top five in the nation, is considered to be a conservative legal education.  And John Yoo, who most of have heard of, teaches at UC-Berkeley. 
1640  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The congnitive dissonance of the left on: December 02, 2011, 07:56:14 PM
Thank you Doug.

And for what is worth, I used to ride the elevator with a Nobel Prize winner and a different economist who was an architect of the Reagan economic policy, neither of whom I would call "liberal."  Oh, and the professor I took Price Theory with who is an IHS fellow.  Damn my liberal, Ivy League-quality education.
1641  Politics, Religion, Science, Culture and Humanities / Politics & Religion / something is wrong with the global economy on: December 02, 2011, 07:52:17 PM
http://money.msn.com/top-stocks/post.aspx?post=e870b663-1471-467f-adc5-318f6cd40ea7
1642  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The congnitive dissonance of the left on: December 02, 2011, 06:23:51 PM
I don't understand why people disrespect the work that most Nobel laureates do.

And I can't, for the life of me, understand why it is impossible to imagine conservatives teaching at top flight universities.  For example, I was taught by a economics faculty member with strong ties to the Institute for Humane Studies.  
1643  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Rand Paul kills detention bill on: December 02, 2011, 12:47:52 PM
http://paul.senate.gov/?p=press_release&id=399
1644  Politics, Religion, Science, Culture and Humanities / Politics & Religion / National Defense Authorization Act text on: December 01, 2011, 11:25:10 AM
http://thomas.loc.gov/cgi-bin/query/z?c112:S.1867:

1645  Politics, Religion, Science, Culture and Humanities / Politics & Religion / media ignoring bill? on: December 01, 2011, 11:19:59 AM
http://www.businessinsider.com/the-medias-blackout-of-the-national-defense-authorization-act-is-shameful-2011-12

The Media's Blackout Of The National Defense Authorization Act Is Shameful

The broadcast media's ignorance and unwillingness to cover the National Defense Authorization Act, a radical piece of legislation which outrageously redefines the US homeland as a "battlefield" and makes US citizens subject to military apprehension and detainment for life without access to a trial or attorney, is unacceptable.

Guys, this is far more important than Penn State's Disgusting Creep of the Decade, or even Conrad Murray's sentencing.

Call it what you will: a military junta, a secret invalidation of Americans' civil rights, a Congress gone mad. Whatever it is, it needs to be covered by the press, and quickly.

Anderson Cooper, Brian Williams, Rachel Maddow, Bill O'Reilly, Sean Hannity, Neil Cavuto and the other handful of household names that mainstream America relies on for news should be talking about this non-stop.

I emailed producers and on-air talent at the three major cable news networks yesterday: not one of them was willing to step up to the plate and report on this appalling legislation, which would give Americans roughly the same protections as citizens in China or Saudi Arabia.

Bloggers and the ACLU's analysis have already made the work easy for you guys. Even an ADD segment producer can do the math:

- Pay special attention to Section 1031 of the bill.

- This bill violates the Posse Comitatus Act (18 U.S.C. § 1385), as it will allow federal military personnel to engage in domestic law enforcement. This is profoundly unconstitutional and scary.

- Also read Sen. Lindsey Graham's chilling defense of the offending provision in this bill, calling to make the homeland a "battlefield." Has anyone told these guys that Osama bin Laden and his deputies are dead? Those still alive are running from drone strikes on a daily basis. So who exactly are we fighting against? Are you protecting us from a handful of (almost entirely peaceful) college kids at the Occupy protests? If so, martial law and throwing out 200+ years of basic civil rights seems rather excessive.

- Finally, as the ACLU points out, you won't have any trouble booking an expert talking head who will tell you how dangerous and counterproductive the National Defense Authorization Act is: "The Secretary of Defense, the Director of National Intelligence, the Director of the FBI and the head of the Justice Department’s National Security Division have all said that the indefinite detention provisions in the NDAA are harmful and counterproductive." Book one of them on your program, and do it quickly. The Senate has already rejected an amendment which would have banned the indefinite detention provisions from the bill.

Please, do your jobs. This is the kind of story that wins journalism awards and makes careers. It's the kind of story that makes viewers trust you.

UPDATE: To the mainstream media's credit, Keith Olbermann of Current TV has now mentioned the NDAA's harmful provision, and I've been told that Dylan Ratigan of MSNBC is drawing attention to it as well. A good start, but not nearly enough.

1646  Politics, Religion, Science, Culture and Humanities / Politics & Religion / detaining provision overshadows other issues in debate on: December 01, 2011, 11:10:41 AM
http://defensesystems.com/Articles/2011/11/29/Senate-NDAA-Udall-amendment-fails.aspx

Terrorism detainment provision overshadows 2012 defense bill
By Amber CorrinNov 30, 2011
The Senate has taken up the 2012 Defense Authorization Act, which will fund and dictate policy for the Defense Department for the fiscal year, and so far debate has been dominated by a provision that allows the military to indefinitely detain citizens suspected of terrorism in the U.S. and around the world without going through the U.S. justice system -- even on American soil.

The Senate has also approved an amendment providing for the inclusion of the National Guard as a member of the Joint Chiefs of Staff.

This week's floor action thus far has overshadowed other parts of the bill expected to be debated, including the approval of funding for Joint Urgent Operational Needs and the acquisition of cyber defenses. The bill also calls for, and discussion is expected about, the development of capabilities that detect previously unknown cyberattacks.

The controversial detainee language in the Senate defense bill sparked tension on and beyond the Hill, with Sens. John McCain (R-Ariz.) and Rand Paul (R-Ky.), in particular going head to head on the Senate floor Nov. 29.

Paul, along with Sen. Mark Udall (D-Colo.), who sponsored a failed amendment striking the bulk of the detainee language, argued that the provision dealing with the handling of suspected terrorists could be a threat to civil liberties. Udall stressed the opposition of high-profile figures like Defense Secretary Leon Panetta and former FBI Director Robert Mueller, who have publicly expressed concern over the measure.

“Should we err today and remove some of the most important checks on state power in the name of fighting terrorism? Well, then the terrorists have won,” Paul said. “Detaining American citizens without a court trial is not American.”

But McCain and others who supported the measure, including Sen. Lindsey Graham (R-S.C.) and Kelly Ayotte (R-N.H.), argued that the measure is vital to protecting U.S. security in wartime.

“An individual, no matter who they are, if they pose a threat to the security of the United States of America, should not be allowed to continue that threat,” McCain said. “We need to take every step necessary to prevent that from happening, that’s for the safety and security of the men and women who are out there risking their lives ... in our armed services.”

Udall’s measure was defeated 37-61 Nov. 29. The Senate will continue to debate the bill and is expected to vote on it soon.

The overall bill budgets for $663 billion in military spending for military personnel, weapons systems and the wars in Iraq and Afghanistan for the fiscal year that began Oct. 1. The House passed its own version of the defense authorization in May.

1647  Politics, Religion, Science, Culture and Humanities / Politics & Religion / ACLU on the Senate vote on: December 01, 2011, 10:41:24 AM
Senators Demand the Military Lock Up of American Citizens in a “Battlefield” They Define as Being Right Outside Your Window
 UPDATE III: The Senate rejected the Udall amendment 38-60.

While nearly all Americans head to family and friends to celebrate Thanksgiving, the Senate is gearing up for a vote on Monday or Tuesday that goes to the very heart of who we are as Americans. The Senate will be voting on a bill that will direct American military resources not at an enemy shooting at our military in a war zone, but at American citizens and other civilians far from any battlefield — even people in the United States itself.

Senators need to hear from you, on whether you think your front yard is part of a “battlefield” and if any president can send the military anywhere in the world to imprison civilians without charge or trial.

The Senate is going to vote on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. Even Rep. Ron Paul (R-Texas) raised his concerns about the NDAA detention provisions during last night’s Republican debate. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.

The worldwide indefinite detention without charge or trial provision is in S. 1867, the National Defense Authorization Act bill, which will be on the Senate floor on Monday. The bill was drafted in secret by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and passed in a closed-door committee meeting, without even a single hearing.

I know it sounds incredible. New powers to use the military worldwide, even within the United States? Hasn’t anyone told the Senate that Osama bin Laden is dead, that the president is pulling all of the combat troops out of Iraq and trying to figure out how to get combat troops out of Afghanistan too? And American citizens and people picked up on American or Canadian or British streets being sent to military prisons indefinitely without even being charged with a crime. Really? Does anyone think this is a good idea? And why now?

The answer on why now is nothing more than election season politics. The White House, the Secretary of Defense, and the Attorney General have all said that the indefinite detention provisions in the National Defense Authorization Act are harmful and counterproductive. The White House has even threatened a veto. But Senate politics has propelled this bad legislation to the Senate floor.

But there is a way to stop this dangerous legislation. Sen. Mark Udall (D-Colo.) is offering the Udall Amendment that will delete the harmful provisions and replace them with a requirement for an orderly Congressional review of detention power. The Udall Amendment will make sure that the bill matches up with American values.

In support of this harmful bill, Sen. Lindsey Graham (R-S.C.) explained that the bill will “basically say in law for the first time that the homeland is part of the battlefield” and people can be imprisoned without charge or trial “American citizen or not.” Another supporter, Sen. Kelly Ayotte (R-N.H.) also declared that the bill is needed because “America is part of the battlefield.”

The solution is the Udall Amendment; a way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.

In response to proponents of the indefinite detention legislation who contend that the bill “applies to American citizens and designates the world as the battlefield,” and that the “heart of the issue is whether or not the United States is part of the battlefield,” Sen. Udall disagrees, and says that we can win this fight without worldwide war and worldwide indefinite detention.

The senators pushing the indefinite detention proposal have made their goals very clear that they want an okay for a worldwide military battlefield, that even extends to your hometown. That is an extreme position that will forever change our country.

Now is the time to stop this bad idea. Please urge your senators to vote YES on the Udall Amendment to the National Defense Authorization Act.

UPDATE I: Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.

But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

There you have it — indefinite military detention of American citizens without charge or trial. And the Senate is likely to vote on it Monday or Tuesday.

UPDATE II: The debate on NDAA has begun. Your Senator needs to hear from you RIGHT NOW! >>

1648  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Daughter caught in a lie on: December 01, 2011, 06:57:15 AM
http://www.omaha.com/article/20111129/NEWS01/711299848#daughter-busted-by-surprise-visit   cool cheesy
1649  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Chinese nuke tunnels found by undergrads on: December 01, 2011, 05:19:36 AM
http://news.yahoo.com/digging-china-nuclear-tunnels-013008319.html

The Chinese have called it their “Underground Great Wall” — a vast network of tunnels designed to hide their country’s increasingly sophisticated missile and nuclear arsenal.

For the past three years, a small band of obsessively dedicated students at Georgetown University has called it something else: homework.

Led by their hard-charging professor, a former top Pentagon official, they have translated hundreds of documents, combed through satellite imagery, obtained restricted Chinese military documents and waded through hundreds of gigabytes of online data.

and the story continues
1650  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Homeland Security and American Freedom on: November 30, 2011, 08:23:11 PM
Of course, sir. 

I do not like this at all.

BD, without limitation on anyone else, may I ask you to take the lead on keeping an eye on WTF this is about?

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