law

In the colosseum tonight

274.jpg

Crime is bad. So prosecuting criminals is good. Prosecution requires evidence, mainly testimony. So we force witnesses to testify in court, without compensation. Testifying in court might be quite inconvenient for a witness, might subject him or her to retaliation, and might damage her relationships. Yet still we require it. Except:

{ Overcoming Bias | Continue reading }

related { Contact with the criminal justice system may be associated with suicide risk }

photo { Maureen Drennan }

When there’s wood in the shed, there’s a bird in the chimney. And a stone in my bed.

006.jpg

This article examines peer-to-peer (P2P) file sharing and the copyright enforcement problem it has created through the lens of scalability. Writing about the growth and governance of the Internet, David Post observed that “scaling problems - the problems that arise solely as a consequence of increasing size or increasing numbers - can be profound, and profoundly difficult to solve.” Both the Internet’s designers and P2P network designers solved difficult problems of scale in their efforts to revolutionize the distribution of information goods. In doing so, however, they created a problem of scale in the form of “massive infringement.” How to approach solving that problem of scale is the subject of this article.

{ SSRN | Continue reading | PDF }

Ruminating in his holdfour stomachs (Dare! O dare!)

31.jpg

Michelle Obama wouldn’t be pleased. Maine’s Legislature appears poised to make the whoopie pie the official state dessert.

The designation, supporters say, would give Maine bakeries a marketing edge and raise awareness that the pies are more popular here than anywhere else in the country.

But opponents say the legislation sends the wrong message at a time when the nation is struggling to fight childhood obesity, an issue the first lady has championed.

{ Kennebec Journal | Continue reading }

Whoopie pies are a New England cousin to Southern moon pies. They are chocolate snack cake “sandwiches” with a filling. Moon pies use marshmallow, whoopie pies use a cream filling.

{ The Nibble | Continue reading }

photo { Nicholas Lorden }

related { Maine lawmaker proposed a bill to allow one-armed people to have and carry switchblade knives. }

also related { Why Men and Women Gain Weight }

There are moments of panic but those are natural I suppose

242.jpg

Flag ʻwavingʼ has become more prevalent in many liberal democracies. In such societies, flags occupy not a religious role, but a quiet and quotidian place in what Billig terms ʻbanal nationalismʼ. As a cipher for the whole, a particular flagʼs design is relatively unimportant; what lends it power is a mix of the gravity bestowed by its official designation and the easy commodification lent by a flagʼs easy reproducibility and portability. Unlike other state symbols such as the currency, coat of arms and honorifics, the state does not seek to monopolise the flagʼs use, let alone define its meaning.

Analysis of laws governing flag designation, observance and ʻdesecrationʼ reveals that the law accords the flag distinct status yet only equivocal protection. While the state may crave its citizensʼ fealty, a flag is not a symbol of some distant governmentality. Rather, it is gifted to ʻthe peopleʼ and relies for its relevance on its organic proliferation. As both object and image, people attribute a power to the flag - a power they recognise over themselves and others with whom they share a body politic. A key source of this fetishisation is its official, legal designation. Though it embodies no particular values, a flag is valued, even fetishised, by flag-wavers and flag-burners alike.

{ A Fetishised Gift: The Legal Status of Flags | PDF }

artwork { Gilbert & George, Big Ben on Flag, 2009 }

Pure chingchong idiotism with any way words all in one soluble. Gee.

1217.jpg

Many drivers enjoy the so-called “new car smell,” a mix of volatile organic compounds that rise from the plastic, leather, cloth, wood and other interior components of cars fresh off the assembly line. The aroma is so popular that some companies even sell “new car smell” air fresheners. But is “new car smell” intoxicating?

That appears likely to be an element of the defense of a Colorado driver charged in a hit-and-run accident, according to court documents filed this week, The Vail Daily News reports. The driver, Martin Joel Erzinger, a financial manager, allegedly fled the scene of a crash with a cyclist in July.

The “new car smell” from a month-old Mercedes-Benz may have contributed to Mr. Erzinger’s losing consciousness before the accident, his lawyers say.
The seemingly novel defense has been raised by an “accident reconstructionist” hired by Mr. Erzinger’s lawyers. They contend that Mr. Erzinger suffered from sleep apnea and dozed off at the wheel before driving off the road and striking the cyclist. (…)

When the local police arrested him, the police records say, he was placing a broken side mirror and a damaged bumper in his trunk.

{ NY Times | Continue reading }

photo { Try it till you make it }

Had Pyrrhus not fallen by a beldam’s hand in Argos or Julius Caesar

32.jpg

The Fundamental Rights Agency said the Czech Republic was the only EU country still using a “sexual arousal” test.

Gay asylum seekers are hooked up to a machine that monitors blood-flow to the penis and are then shown straight porn.

Those applicants who become aroused are denied asylum.

{ BBC | Continue reading }

photo { Markel Redond }

Well I’m imp the dimp, the ladie’s pimp

128.jpg

The FBI estimates that a mid-level trafficker can make more than $500,000 dollars a year by marketing just four girls.  

Youth Radio obtained a hand-written business plan from a pimp. The business plan titled Keep It Pimpin states how the pimp wants to expand his trafficking business locally as well as nationally. He also writes that he wants to discover girls “from all over”–especially girls in jail houses and in small cities.

{ Youth Radio | Continue reading }

photo { Luke Stephenson }

Rattle big black bones in the danger zone

999.jpg

{ The US authorities have discovered 20 tonnes of marijuana, worth tens of millions of dollars, in one of the most advanced illegal tunnels ever found. The passage is half a mile long and runs from inside a house in Mexico straight under the border with the United States and into a warehouse in San Diego. | BBC | video }

‘All I can do is be me, whoever that is.’ –Bob Dylan

15645.jpg

Men and women have been pairing off since the dawn of humanity. For most of its history, marriage was an economic institution that created advantageous alliances between clans and was arranged, often, without much input from the bride or groom. But by the 19th century, many in the Western world had begun to marry for love, making the relationship infinitely more complicated and divorce a lot more common.

Romantic love assumed a position of high value but even higher vulnerability.

Still, until the second half of the 20th century, these ubiquitous couplings went largely unstudied. What happened behind closed doors generally remained private, unless one had a particularly nosy set of in-laws or a manner of fighting that necessitated police intervention.

Marriages, with the power to affect everything from personal income levels to mental and physical health, remained a hazy mystery. But with the advent of the affordable video camera in the late 1960s, psychologists began recording couples’ interactions. The scientists hooked up their subjects to monitors that detected changes in blood pressure or stress hormones, and then coded even their slightest movements — an eye roll or a knuckle crack. The couples were interviewed about their marital satisfaction and were, in some cases, tracked for years.

{ Washington Post | Continue reading }

Unhappy couples in New York have long gone to extremes to throw off the shackles of matrimony—in the worst cases, framing their spouses, producing graphic testimony about affairs, or even confessing to crimes they did not commit. All this will fade into the past if, as expected, Gov. David Paterson signs a bill making New York the last state in the country to adopt unilateral no-fault divorce.

Their counterparts in other states have had it much easier. California adopted the first no-fault divorce bill in 1970; by 1985, every other state in the nation—but one—had passed similar laws. In New York, the miserably married must still charge each other with cruel and inhuman treatment, adultery or abandonment—or wait one year after a mutually agreed legal separation—in order to divorce.

{ Wall Street Journal | Continue reading }

The Buddha replied: A good horse runs even at the shadow of the whip.

235.jpg

2.jpg

I use a method called “Dutching” (named for 1930s New York gangster, “Dutch” Schultz, whose accountant came up with it). With Dutched bets, you make two or more bets on the same race with more money on more favored horses and less money on longer odds horses such that your profit is the same, no matter which horse wins. (…)

I haven’t bet with this strategy yet, but I have found from playing with the data that very often there are opportunities…

{ David Icke’s Official Forums | Wikipedia }

Arthur Flegenheimer, alias Dutch Shultz, was a fugitive from justice. He was wanted in 1934 for Income Tax Evasion. On October 23, 1935, Shultz and three associates were shot by rival gangsters in a Newark, New Jersey restaurant. Shultz’s death started rival gang wars among the hoodlum and underworld gangs.

{ FBI.gov | Continue reading | Read more: By the mid-1920s, Schultz realized that bootlegging was the way to make serious money. }

I wonder if I’ve been changed in the night? Was I the same when I got up this morning?

1235.jpg

An Irish jury awarded nearly $14 million in damages on Thursday to a man who claimed that his former employers had slandered him by insinuating that he had made improper advances to a female colleague during a business trip.

The man, Donal Kinsella, insisted that he had been sleepwalking during a trip to Mozambique in 2007 when he showed up, naked, at the door of a female colleague’s hotel room three times in one night, The Irish Times reported.

He later filed suit against the mining company that employed him at the time because it had referred to the incident in a press release explaining why he had been asked to resign from the company’s audit committee, on which the same female colleague served.

During the trial, the court heard that Mr. Kinsella had also been drinking and taking painkillers on the night in question.

{ NY Times | Continue reading }

The 120 days of Sodom and other writings

17.jpg

Rising ocean levels brought about by climate change have created a flood of unprecedented legal questions for small island nations and their neighbors.

Among them: If a country sinks beneath the sea, is it still a country? Does it keep its seat at the United Nations? Who controls its offshore mineral rights? Its shipping lanes? Its fish?

And if entire populations are forced to relocate — as could be the case with citizens of the Maldives, Tuvalu, Kiribati and other small island states facing extinction — what citizenship, if any, can those displaced people claim?

{ Scientific American | Continue reading }

related { Ten Amazing Uninhabited Islands }

You know that in all tombs there is always a false door?

6454.jpg

Does forensic evidence really matter as much as we believe? New research suggests no, arguing that we have overrated the role that it plays in the arrest and prosecution of American criminals.

A study, reviewing 400 murder cases in five jurisdictions, found that the presence of forensic evidence had very little impact on whether an arrest would be made, charges would be filed, or a conviction would be handed down in court.

A mere 13.5 percent of the murder cases reviewed actually had physical evidence that linked the suspect to the crime scene or victim. The conviction rate in those cases was only slightly higher than the rate among all other cases in the sample. And for the most part, the hard, scientific evidence celebrated by crime dramas simply did not surface. According to the research, investigators found some kind of biological evidence 38 percent of the time, latent fingerprints 28 percent of the time, and DNA in just 4.5 percent of homicides.

{ Boston Globe | Continue reading }

screenshot { Errol Morris, The Thin Blue Line, 1988 }

Rites of spring

10.jpg

Filing down horse teeth is a slobbery job. But Carl Mitz is grateful that he now has the undisputed legal right to do it.

This week, Mr. Mitz and three others won a three-year legal battle against the Texas Board of Veterinary Medical Examiners, which had sought to restrict the ancient craft of horse-teeth floating—an obscure job that involves filing a horse’s teeth to improve its bite—to licensed veterinarians. (…)

Texas, however, likely will continue to press the issue, meaning the victory could be fleeting. (…)

Horse-teeth floating is a lucrative job. Some practitioners say they can make $300,000 a year, and those who do it say it’s straightforward and requires no special training. But some veterinarians fear that unskilled floaters will damage the horse’s gums or strip away protective enamel.

{ Wall Street Journal | Continue reading }

photo { Audrey Corregan for Blend magazine, 2008 }

By Jove, I often wanted to see the Mourne mountains. Must be a great tonic in the air down there.

323.jpg

I answered, “If you’re a terrorist, you’re going to hide your weapons in your anus or your vagina.”

“Yes, but starting tomorrow, we’re going to start searching your crotchal area–this is the word he used, ‘crotchal’–and you’re not going to like it.”

“What am I not going to like?” I asked.

“We have to search up your thighs and between your legs until we meet resistance,” he explained.

{ The Atlantic | Continue reading }

photo { Ralph Mecke }

Needless to say poor Tommy was not slow to voice his dismay but luckily the gentleman in black who was sitting there by himself came gallantly to the rescue and intercepted the ball

641.jpg

Laws that criminalize insider trading cover corporate insiders and those they tip, but not specifically Congress. (…)

This week the Wall Street Journal reported that during the past two calendar years, 72 congressional aides from both parties made trades in companies that their bosses’ help oversee. Among them are top advisers to Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi. Their timely investments proved profitable, but the staffers deny the trades sprung from inside knowledge, the Journal reported.

{ Bloomberg | Continue reading }

‘Life is like a B-Grade movie. You don’t want to leave in the middle, but you don’t want to see it again.’ –Ted Turner

885112.jpg

{ The country’s first abortion ban based on the belief in fetal pain took effect this week in Nebraska. | Images: Illustrated Birth Control Manual, 1957 }

Cheche, get the yayo

6566555.jpg

{ James Rosenquist, Wild West World, 1996 | Related: Tennessee is one of four states, along with Arizona, Georgia and Virginia, that recently enacted laws explicitly allowing loaded guns in bars. | NY Times | full story }

related { What distinguishes groups like this one from a shooting club or re-enactment society is the prospect of actual bloodshed, which many Ohio Defense Force members see as real. As militias go, the Ohio Defense Force is on the moderate side. Scores of armed antigovernment groups, some of them far more radical, have formed or been revived during the Obama years, according to law-enforcement agencies and outside watchdogs. | The Secret World of Extreme Militias | Time | full story }

Okay, hot shot, okay! I’m pouring!

798.jpg

Laws banning texting or talking on a mobile phone while driving don’t reduce car accidents.

“In fact,” concludes the US Highway Loss Data Institute, “[texting] bans are associated with a slight increase in the frequency of insurance claims filed under collision coverage for damage to vehicles in crashes.”

This counter-intuitive revelation comes from a study by the HLDI, which compared insurance-claim data in states that enacted texting bans with the same data in states where no such laws exist. Data from after the bans took affect was also compared to stats before the bans took effect.

Texting bans did not reduce accident rates, and in some states the accident rates increased after the bans went into effect. “In California, Louisiana and Minnesota,” the HDLI reports, “the bans are associated with small but statistically significant increases in collision claims (7.6%, 6.7%, and 8.9%, respectively).”

{ The Register | Continue reading }

Chloroform. Overdose of laudanum.

565656.jpg

Even demonstrably false or irrelevant information can influence judgments, which in turn influence decisions. (…)

Policy makers have long recognized the potential danger of false statements by advertisers. But in the belief that most adults are suitably skeptical about promotional puffery, Congress has tried to prohibit only the most blatantly false or explicitly misleading claims.

But what about merely irrelevant statements, or only implicitly misleading ones? Standard economic models say such claims are, well, irrelevant, so there should be no need to regulate them. But according to recent behavioral research, it’s a distinction without a difference.

Although cigarette advertisements, for example, typically portray smokers as young, healthy and attractive, smoking can make people look older and less healthy. Such ads make no explicitly false claims, but that doesn’t make them less misleading, even for informed consumers.

{ NY Times | Continue reading }

related { A girl playing noughts and crosses, a Playboy centrefold, Sky satellite dishes, the trill of a modem – all have hidden meanings | The secret messages written into the fabric of our world }