Entries Tagged as 'Legal'

#MeToo

I’ll open by underscoring this is my personal opinion.

I’ve read and watched a number of individuals come forward about being sexually harassed in the past — and I think that’s a great travesty that people would take advantage of another based on their position, social status, wealth, or power — but let’s wake up here… that is how the world has operated (and we’ve all turned blind eyes for years, decades, millenniums), so let’s ratchet down the (false) indignation and work for a newer world order where harassment is a thing of the past.

I see this as an issue were we need not only looks at who did what — but when it was done.

Yes, the standards 10, 20, 30, 40, 50… years ago were very different than it is today.  And the way things were done might be appalling by today’s standards, but none the less that’s how they were done and we all knew it (don’t even try to pretend you thought all those stories of the “casting couch” and “sexitaries” was just locker-room banter… you knew it was true, and simply chose to do nothing about it).

Here on MLK day I’ve decided to share my thoughts — though let’s not pretend like MLK was a saint… he too was a sinner. He too (seemingly) had issues with equal rights for all (you didn’t hear him mention women, you didn’t hear him mention races other than white and black, you didn’t hear him mention gays).  The one thing Dr King did do: he opened up dialog which started to move this country forward from a long period of stagnation.

My feeling is actions which happened many years ago need to be looked at in the light of the prevailing time… those people need to be admonished at minimum, but if they didn’t cross what was the norm at the time that needs to be the end of it.  We just need to make sure that we update our image of the past and those personalities to include that they failed to treat everyone with the respect they deserved, and failed to take a stand to end harassment.

However, when similar things are happening now, or within the past several years — that’s different.  Clearly these events are transgressions that go far beyond the accepted norms.  Not only do we need to admonish these individuals, but we need to take action to insure that they and the industries they are in change.  That change needs to occur sooner, not later.

Should they be fired — yes — if they don’t have the courage and integrity to resign.

But should individuals who committed transgressions many, many years back when times were different be fired — that’s a little more complex; we need to look at the individual now, appraise what changes have been made to their life, and if they are still that same person.  If they are — then they’re out; however, if they’ve made change… we can give them a little time under the microscope before we make our final decision.

I’m all for zero tolerance, but zero tolerance never seems to be that (just check when the local school’s sports hero crosses the zero tolerance line, there always seems to be tolerance for at least a second chance — so something else we need to be honest with ourselves about — rarely do we really have zero tolerance, it’s just a catch phrase).

Personally I abhor harassment of any kind, I abhor those who feel they are better than others and can get away with it, I abhor those who help hide it and punish the victims… but this is a problem where we have to start to resolve today, and not get carried away with witch-hunt after witch-hunt of “dark” figures from out past.

As Kagan Joins, Federal Courts’ Roles Rise In Importance

by Ron Elving

This weekend, Elena Kagan was sworn into the elite club of 112 who have served on the U.S. Supreme Court. The moment was duly noted across all news media, in large part because Kagan is just the fourth woman in the club.

But journalists also pounce on new appointments to the High Court in part to correct our perennial neglect of the judicial system. By far the preponderance of political journalism spilling out of Washington is devoted to the White House and Capitol Hill. As a rule, we pay attention to the courts when they interfere with something the other branches are trying to do.

This summer, federal judges have once again been horning in on issues of great interest and high stakes. Gay marriage. Immigration. The health care law. The post-BP moratorium on deepwater drilling. Each of these decisions will be reviewed by federal courts of appeal and ultimately by the U.S. Supreme Court.

But for that reason alone they will be generating news, inflaming public opinion and determining the direction of our politics, economics and culture.

Although most of the federal judiciary labors in lofty obscurity, at moments such as these one man or woman in a black robe can make an incalculable difference. Governors and senators and others in public life can only dream of such moments of influence.

Consider that on one day last week, one federal judge in San Francisco issued an opinion that invalidated the best known voter initiative of recent years: Proposition 8 on the 2008 California ballot, which overturned the state’s recognition of gay marriage.

Presenting extensive findings of fact from the trial before him, U.S. District Court Judge Vaughn Walker noted that defenders of Proposition 8 had scarcely attempted to refute these findings. In fact, the Prop 8 defense in its entirety was so cursory as to suggest its attorneys scarcely thought the trial court level was important. Their eye was on the friendlier venues of the U.S. Court of Appeals for the 9th Circuit and the U.S. Supreme Court.

But if liberals and libertarians were heartened by Walker, they were equally gratified one week earlier by the ruling of U.S. District Court Judge Susan Bolton, who kicked out the key pillars of an Arizona law attempting to crack down on illegal immigration. Bolton found fault in that law’s provisions allowing state and local officials to question the immigration status of people they deemed suspicious — for whatever reason. The requirement that residents who ran afoul of such suspicion produce papers proving their immigration status was also spiked by the judge.

Bolton, like Walker, knew well how every word she put to paper would be scrutinized, analyzed and politicized. No doubt the same could be said for other judges bringing a more conservative viewpoint to bear on equally significant issues in recent days.

First of these was federal District Court Judge Martin Feldman of Houston, who spiked the administration’s six-month moratorium on oil-and-gas drilling in the Gulf of Mexico. The administration may well have thought the argument for shutting down new explorations in the Gulf was open and shut in the wake of the BP Deepwater Horizon debacle. But if the shutdown was a no-brainer for environmentalists and industry critics, business folks in the Gulf states seemed to see it primarily as a short-term job killer and a long-term cloud over the economic future of the region.

Liberals were swift to note that Judge Feldman had a portfolio of stock holdings in the oil and gas sector, one that might well suffer in the event of a long-term slowdown in Gulf energy production. They also noted that the relevant federal appeals court, the 5th Circuit in New Orleans, was dominated by judges with business interests much like Feldman’s.

But the judge’s ruling stands, and is likely to stand longer than the Obama administration stands behind its six-month moratorium.

Similarly, in the same week as the Prop 8 ruling, supporters of the Obama health care law were incensed that U.S. District Judge Henry Hudson in Richmond had approved Virginia’s standing to sue the federal government over the enforcement of provisions in that law. Defenders of the new health law had hoped that Hudson might uphold the historic principle of federal pre-eminence, a central issue since the founding of the Republic.

Many have noted the symbolic power of having this challenge emanate from Richmond, the capital of the Confederacy in the 1860s and the epicenter of “massive resistance” to the school integration decision of the Supreme Court in the 1950s. State’s rights may be a heading in a history textbook for some parts of the country, but they remain a mainstay of current events in the South.

Talk of nullification — the asserted right of states to ignore federal laws as they choose — has re-emerged as President Obama has pursued an activist agenda. In Texas and Tennessee, candidates for statewide office have allowed references to secession to enter their campaign vocabularies.

While no one expects another Civil War, we are clearly heading into the most significant round of state-federal confrontations we have seen since the 1960s. And that struggle has already been joined in courtrooms around the country, where it will largely be fought.

Small wonder then that Republicans in the Senate have made resistance to the judicial nominees of the new president such a salient element of their mission in these past 18 months.

To be sure, the president has seen both his nominees to the Supreme Court approved with little suspense. But the Senate has yet to allow a vote on most of the 85 nominees he has sent up for federal judgeships at the district and appeals court levels.

Same old partisan story? Not quite. The last five presidents, three of them Republicans, have seen four out of five of their appointments confirmed.

Democrats under Majority Leader Harry Reid have not been willing to call the minority’s bluff on this tactic by demanding real-time filibusters with all-night sessions and cots in the lobbies. No one wants the delay, the drama or the indignity.

But as the number of Democrats in the Senate shrinks in the November election, those who remain will need to reconsider what means are necessary to install their president’s choices in the increasingly powerful job of judge.

Original Story on NPR.org

Originally posted 2010-08-21 02:00:48.

Voting Advice With Your Paycheck

A Canton, Ohio McDonald’s franchisee (Paul Siegfried) took it on himself to include an insert in his employee’s paychecks suggesting that his employees vote for three Republican candidates, also on the note was:

If the right people are elected we will be able to continue with raises and benefits at or above our present levels. If others are elected we will not.

Sounds a little intimidating / threatening… I guess this business owner didn’t feel that election laws applied to him.

It’s really a travesty that any American wouldn’t know that it’s illegal for an employer to in any way try and influence his employees to vote for or against a given candidate or measure in an election… and even if you didn’t know it’s illegal, it’s certainly immoral.

Personally I hope Mr Siegfried finds himself in jail as an example to others who simply do not feel the law applies to them… and if I were McDonald’s I think a little more than a statement saying that their franchisee doesn’t speak for them is in order, particularly since it was on a piece of stationary bearing the McDonald’s logo.

Originally posted 2010-11-01 02:00:29.

Limited liability resulting from the Deepwater Horizon incident?

Right away after the explosion of the Deepwater Horizon Swiss company Transocean Ltd moved to have their liability for damages limited to the cost of the “sunken ship” ($27 million) citing an 1851 law that says the owner of a sunken vessel is liable only for its value after the accident.

Transocean expects to receive $560 million in insurance, so subtracting what they consider their maximum liability they’d just about meet their three year revenue projection under the BP contract.

Hmm…

Many of the judges are recusing themselves from hearing cases involving the oil spill; but I’d say if a federal judge in Houston makes a ruling we’ve certainly found a judge that can no longer recuse himeself (though he might be a candidate for impeachment)… my guess is Transocean will not get their ruling quickly, and likely will not get a ruling they like ever.

Transocean CEO Steven Newman told investors in addition that its contract with BP holds BP entirely responsible for all damages and liability from the spill.

I guess Newman isn’t totally confident of the petition filed in federal court, or his contractual liability limits so he’s working both ends… and is probably worried that a review will show negligence on his company’s part — which could cause a judge to throw out any and all liability limits.

BP, Halliburton, and Transocean are each responsible, and each of them should (and hopefully will) be held accountable for this mess — and their massive profits will be used to undo the damage their greed has caused.

As I’ve said before — make the problem expensive enough for them to allow to continue; and any future problem much more expensive for them to clean up — and we won’t have to worry much about the spill continuing… or ever happening again (just take highest quarter’s profits from the last year, divide by 90 — and that’s the daily fine).

Originally posted 2010-06-16 02:00:17.

Voter ID Requirements

Since roughly 1750 the phrase “taxation without representation” has been used in the country as a rallying phrase for action.

In the Revolutionary War, it reflected on the British Crown taxing citizens in the colonies without providing them any voice in Parliament.

In Washington DC it became the motto of citizens pointing out that they had no representation in the House of Representatives of the Senate (and was a slogan used on Washington DC license plates — you may recall President Bill Clinton having those put on the White House limosines, and President George W Bush having them removed).

Now my questions is… if the states who have implements “tough” new voter identification requirements (even though voter fraud has never been shown to be a substantial issue) disenfranchise American citizens from their Constitutional right to vote; should they be required to pay taxes?

People who choose not to vote are one thing; but people who are denied their right to vote is entirely another…

I fear another messy election is going to be on us in 2012, much as it was in 2000 — perhaps it’s time for the United States to use international observers to insure that elections are conducted in a way that insures they comply with not only the letter of the law, but the intent of the law.

Originally posted 2011-11-06 02:00:59.

eBay & PayPal – Poster Children for Everything Wrong With Corporate America

Several years ago eBay was won litigation in California over whether or not they were an “auction house” — eBay asserted they were a venue, not an auction house.  Why did eBay care?  Well, in California an auction house must stand behind the authenticity of the items it auctions.

While I have no problem with eBay calling themselves a venue — I do have a problem with them continuing to use the word “auction” all over their site.  You’re either a venue or an auction site… one or the other; oh that’s right, you’re a big company and don’t seem to have any problem skirting the law — you’ve got money, you probably feel you don’t have to play by the same rules.

And then there’s PayPal — clearly a financial institution, and clearly should be subject to all the regulations of financial institutions…

Oh yeah, they’re owned by eBay — they have money…

And to make it worse, eBay / PayPal are monopolies.

I’m tired of big companies that feel they need not care about the letter or the intent of the law; that feel they are free to confuse and mislead consumers; that are greedy and have no heart or soul.

I talk with my money, and I don’t spend my money at places I don’t support… each of you need to make your own minds up and decide what the cost of supporting tyranny in the world really is — or is it just something you talk about?

Originally posted 2008-11-06 12:00:21.

Disclosing Personal Information

I find more and more companies attempt to get as much personal information on me as they can.

I also find more and more companies mishandle the personal information that they have collected.

I just got a letter today from a transfer agent one of my previous employers used; apparently they “lost” a data backup set that contained my personal information, of course they assure me that there’s little chance of any of my personal information being misused.  And offer to reimburse me for any expenses I might incur in obtaining a credit report, monitoring my credit, freezing access to my credit history — but I didn’t see in there any offer to compensate me for my time, or any loses that I might incur.

I think I’m just going to write them back, thank them for advising me of this information, and tell them that they may hire someone to manage and monitor misuse of information which they lost (most likely negligently); but that I will not incur any costs of money or time taking actions to protect myself from this incident, but I will hold them liable for any and all actual, consequential and potentially punitive damages should information they mishandled be used in any illegal activity.

My advice to companies that collect personal data is that they purge any at all personal data they have at the earliest possible time that they can legally do so.  Failing to take such action makes companies that maintain personal data liable for an unauthorized disclosure of information; and I would say potentially criminally negligent.

Originally posted 2009-01-18 01:00:44.

Report Fraud

Each and every time you encounter someone trying to defraud you make sure you report it.

Phishing scams, money scams, premium SMS message, suspicious phone calls, un-authorized phone charges, un-authorized credit card charges, etc — go ahead and visit the IC3 (Internet Crime Complaint Center; a partnership between the Federal Bureau of Investigation [FBI], the National White Collar Crime Center [NW3C], and the Bureau of Justice Assistance [BJA]) and file a report.

Take action and let the law enforcement community decide what’s a threat and what’s not – but DO NOT remain silent or these problems will continue.

http://www.ic3.gov/

 

NOTE:  If you have an un-authorized charge on any of your bills you will also want to contact your billing company and dispute the charge with them; the IC3 will not do this for you.

Originally posted 2008-10-24 13:00:38.

Identity Theft

Identity theft is a real problem, and credit bureaus make it all to easy for individuals who get a little bit of information about you to get your entire life’s story — and use your name (and credit) to make their life better and your life a living hell.

While there’s been improvements in legal recourse for identity theft, your best bet is to guard against it.

To make yourself a harder target, try some simple things like:

  • Elect on-line delivery of banking and credit card statements; utility bills; and anything else you can.  It’s safe, it’s good for the environment, and it reduces the likelihood of mail theft.
  • Use on-line bill payment or pay bills with your credit card; it’s safe, convenient, and it reduces the likelihood of mail theft.  Using your credit card may give you additional rights, and cash back.
  • Destroy paper items that have any personal information on them; cross-cut or confettie shreaders are the best, a fire place, or just mark it over and tear it by hand.
  • Destroy old credit cards, drivers licenses, passports, etc — make sure nothing with personal and confidential information on it goes in the trash.
  • Don’t give out your name or address to any one or on any site or on any phone call unless you know who you’re dealing with and there’s some advantage for you to do so.
  • Remove your name from mailing lists, refuse delivery of mail you didn’t request (that will cost the sender money generally and is more likely to get your name expunged from the list they use).
  • Put a “freeze” on your credit report.  Click here for info
  • Report scammers, spammers, and phishers to law enforcement. Click here for info

 

There are lots of great sites online that are free (free of advertising), and full of information… here’s one of them:

          http://www.consumersunion.org/

Originally posted 2008-11-08 08:00:50.

Bill of Rights – Amendment I

The past week has made me question if it’s not just the financial future for the United States that is in serious question, but the very founding principles which established this republic.

The framers of the Constitution of the United States were compelled to add the first ten amendments to that document before ratification. Known as the Bill of Rights the first of these amendments (Amendment I) contains precept son which much of the expansion of this country has been based (though this is not the first time it’s principle has been tarnished).

On 17 September 1787 the current United States Constitution was adopted by the Constitutional Convention in Philadelphia, Pennsylvania and ratified by each US state in the name of “The People”.

The United States Constitution is the oldest written (single document) constitution still in use by any nation on our planet, and had for over two hundred years defined law in the United States.

On 25 September 1789 the following was added to the United States Constitution, and enacted in full force on 15 December 1791.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The “eviction” of peaceful protestors in a number of cities across the nation was alarming in itself; but the use of pepper spray to clear out a group of peaceful protesters at the University of California Davis, in Davis, California is a travesty.  This incident, caught on video and seen within 24-hours of it happening by over half a million people is truly alarming.

I do agree with University of California Davis Chancellor Linda Katehi that an independent investigation be conducted; but I believe that several investigations need to be conducted, including one by the Justice Department under the direction of the US Attorney General.

While I do not feel Linda Katehi needs to step down; I do believe both her and the commander of the police force, as well as any officer acting outside the bounds of the orders issued, need to be put on administrative leave immediately; and their actions would need to be fully investigated before allowing them to return to their positions of authority.

Points of law, and the legality of actions are determined by the judiciary; but it is the responsibility of the executive branch to insure that potential violations of law (and civil rights) are arraigned.

The Arab Spring was seen as a great movement forward to allowing people to be free(r) and allow them to have a (larger) stake in deciding their future; but now, perhaps the United States needs to request international observers to insure that our government doesn’t continue down this road to infringe on the rights that “we the people” have given so much to secure.


Originally posted 2011-11-21 02:00:40.