The Department of Immigration and Border Patrol of Australia's secret blacklist of immigration lawyers and agents has been discovered. DIBP claims that the list is used for "risk assessment" for partner visas and has "no impact" on assessing cases. The Migration Alliance, the lobby group of Australian migration agents that broke the news of the list, is not convinced.
During their Freedom Hosting investigation and malware attack last year, the FBI unintentionally obtained the entire e-mail database of popular anonymous webmail service Tor Mail. And now, they've used it in an unrelated investigation to bust a Florida man accused of stealing credit card numbers. [more inside]
Stop calling the DA "the Government!" it hurts her feelings or something. The defense responds..'Should this Court disagree, and feel inclined to let the parties basically pick their own designations and ban words, then the defense has a few additional suggestions....defense counsel does not wish to be referred to as a "lawyer," or a "defense attorney." Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the "Defender of the Innocent." This title seems particularly appropriate, because every Citizen Accused is presumed innocent. Alternatively, counsel would also accept the designation "Guardian of the Realm."'
In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
Bearing Arms: [New York Times] Articles in this series examine the gun industry’s influence and the wide availability of firearms in America. [more inside]
How The Economic Machine Works by Ray Dalio actually makes a case against austerity and for redistribution, but also for money printing (and, arguably, for bailouts), while stressing the need to keep making productivity-improving public and private investments. However, it could be equally entitled: How The Industrial Age Political-Economy Doesn't Work Anymore, viz. Surviving Progress (2011)... [more inside]
Open States, the latest project of the nonprofit Sunlight Foundation, is an easy to navigate comprehensive database of activities from all state capitols that makes it easy to find your state lawmaker, review their votes, search for legislation, track bills and much more.
Popular “prediction market” Intrade is shutting its doors to US Customers, following a suit (filed post-election fortunately) by the Commodities Futures Trading Commission. Some see this as inevitable, given their history of dissembling to regulators. Other (predictably) see it as another restriction of internet freedom. [more inside]
"Used to be that the idea was 'once every two years voters elected their representatives.' And now instead it's 'every ten years the representatives choose their constituents.'"
Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats. In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats. In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats. The Revenge of 2010: How gerrymandering saved the congressional Republican majority, undermined Obama's mandate, set the terms of the sequestration fight, and locked Democrats out of the House for the next decade. It's not a new problem. But if the Supreme Court guts the Voting Rights Act, it could get a whole lot worse. And the electoral college may be next. (What's gerrymandering, you ask? Let the animals explain. Meet the Gerry-mander. Peruse the abused. Catch the movie. Or just play the game. Previously.)
Last year, The Brennan Center for Justice at NYU's Law School released a report (pdf) detailing new, more restrictive state laws that affect voting rights and are likely to impact the outcome of the 2012 elections. The restrictions "fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities." On August 3rd, 2012, they updated their analysis with a pdf of passed and pending State government legislation. Their conclusion: after a century in which the United States "expanded the franchise and knocked down myriad barriers to full electoral participation... that momentum [has] abruptly shifted." [more inside]
In July 2007, NPR published a two part series (direct links: 1, 2) about a four year old uninvestigated rape case at the Standing Rock Sioux Reservation. Sparked in part by a 2006 report (pdf) from Amnesty International that included a startling statistic: "One in three Native American women will be raped in her lifetime," NPR's investigation led to the reopening of the case and Congressional hearings. In February 2011, Harper's published an update of sorts: Tiny Little Laws: A Plague of Sexual Violence in Indian Country (Via)
In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law. The product of a strict party line vote following a
year century of debate, disinformation, and tense legislative wrangling, the Affordable Care Act would (among other popular reforms) require all Americans to buy insurance coverage by 2014, broadening the risk pool for the benefit of those with pre-existing conditions.
The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives (including presidential contender Mitt Romney) is the central question facing the justices today. If the conservative majority takes the dramatic step of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state.
But despite the pessimism of bettors, some believe the Court will demur, wary of damaging its already-fragile reputation with another partisan 5-4 decision. But those who know don't talk, and those who talk don't know. Watch the SCOTUSblog liveblog for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
"The truth about the Fast and Furious scandal: A Fortune investigation reveals that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels. How the world came to believe just the opposite is a tale of rivalry, murder, and political bloodlust." [more inside]
Murdoch's Scandal - Lowell Bergman (the journalist portrayed by Al Pacino in The Insider) has investigated News Corporation for PBS Frontline [transcript]. He depicts Rupert Murdoch's British operation as a criminal enterprise, routinely hacking the voicemail and computers of innocent people, and using bribery and coercion to infiltrate police and government over decades. Enemies are ruthlessly "monstered" by the tabloids. Bergman also spoke to NPR's Fresh Air [transcript]. But the hits keep coming: in recent days News Corp has been accused of hacking rival pay TV services and promoting pirated receiver cards in both the UK and Australia. With the looming possibility of prosecution under America's Foreign Corrupt Practices Act, how long will shareholders consider Rupert Murdoch irreplaceable? [Previous 1 2 3 4]
The Control Revolution And Its Discontents - "the long process of algorithmisation over the last 150 years has also, wherever possible, replaced implicit rules/contracts and principal-agent relationships with explicit processes and rules."
Even the most seemingly entrenched powers can be undermined and weakened and replaced by other human beings. And if it's not happening, it's not because it's impossible, it's because we just haven't figured out the right way to do it. And so the challenge of figuring out the right way to do that, and the role that I can play in it, and the way in which I can use my skills and my knowledge and my experience in order to contribute to it, is a really important and invigorating challenge for me. It becomes a work of passion, a sort of labor of love.As part of its "Conversations with History" series, UC Berkeley recently interviewed Glenn Greenwald, who discusses not only law and other issues, but his history and personal motivations for blogging. (1-hour SLYT) [more inside]
The White House recently opened a website entitled We the People: Your Voice in Our Government, "[a tool which] provides you with a new way to petition the Obama Administration to take action on a range of important issues facing our country." They have issued a response to a petition to Legalize and Regulate Marijuana in a Manner Similar to Alcohol.
There are an increasing number of homeless military vets living in Los Angeles. The VA in Los Angeles has a 400 acre parcel of land meant to house vets. Slight problem: the VA has decided to lease the property to various area businesses instead of using the land for its intended purpose.
In 1991, Troy Davis was convicted and sentenced to death for the 1989 murder of policeman Mark MacPhail in a Savannah, Georgia parking lot. Since then, seven of the nine prosecution eyewitnesses have recanted all or part of their testimony, with some citing pressure from the police to make false statements. An exception is Sylvester "Redd" Coles, who made the initial report of Davis’s guilt, and is regarded by the defense as the chief suspect. New witnesses have sworn affidavits that Coles confessed the crime to them. An array of figures have called for a stay of execution, including death-penalty supporters Senator Bob Barr and former FBI director William S. Sessions. Today, the Georgia Board of Pardons and Paroles denied clemency; barring action from the District Attorney, Davis is set to be executed by lethal injection tomorrow at 7pm. [Previously]
"There are no national standards or regulations regarding forensic pathology and practices vary widely from place to place."
The Hardest Cases: When Children Die, Justice Can Be Elusive A joint investigation by PBS Frontline, ProPublica and NPR has found that medical examiners and coroners have repeatedly mishandled cases of infant and child deaths, helping to put innocent people behind bars. (Via. (Article contains descriptions of children that have been killed by abuse. May be disturbing / triggering to some readers.) [more inside]
The Destruction of Economic Facts - "Renowned Peruvian economist Hernando de Soto argues that the financial crisis wasn't just about finance—it was about a staggering lack of knowledge" (via) [more inside]
With the constitutionality of the Affordable Care Act being argued in lower courts, it's probably also worth looking at Vermont's adoption of single-payer health care: "On May 26, Gov. Peter Shumlin of Vermont is expected to sign legislation that will create universal coverage in the state—eventually. Vermont will use subsidies from the Affordable Care Act to help create a Canada-style system. And its system, or so the theory goes, will become so popular and cheap that the rest of America will want to copy it." [more inside]
The Douglass Blvd. Christian Church in Louisville, Kentucky has voted to stop signing marriage licenses until gay marriage is legalized by the state.
With the crackdown on smoking and higher cigarette taxes in New York City, people who sell individual cigarettes, also known as loosies, are rapidly gaining new customers.
How two American kids became big-time weapons traders - "Working with nothing but an Internet connection, a couple of cellphones and a steady supply of weed, the two friends — one with a few college credits, the other a high school dropout — had beaten out Fortune 500 giants like General Dynamics to score the huge arms contract. With a single deal, two stoners from Miami Beach had turned themselves into the least likely merchants of death in history." (via; previously on arms contractors)
The Bureau of Alcohol, Tobacco, Firearms and Explosives deliberately allowed assault rifles to be smuggled into Mexico, so they could be tracked. The weapons were then used in a spree of murders, including that of US Border Patrol Agent Brian Terry. The operation was called "Fast and Furious". The Mexican government was apparently unaware of the operation, and is investigating. The ATF is going to have a review of whether their strategy supports "the goals of ATF to stem the illegal flow of firearms to Mexico".
Patsy Campbell has been fighting her foreclosure in Florida courts for the past 25 years. She has not made a mortgage payment since 1985 while foiling the efforts of several banks to evict her from her home in Okeechobee, Florida.
Jonathan Blattmachr, one of the country's leading estates and trusts experts, feels that helping his clients reduce their tax liability helps the IRS close loopholes that he and his colleagues use. As with most attorneys, there are some clients who weren't happy with his work, but Mr. Blattmachr pushes on with his efforts.
The Smoking Gun has come into possession of an unusual RFP from the DEA: they want 'Ebonics experts' to help decipher wiretaps.
With the climate bill dead and blame portioned, Ezra Klein asks what happens when congress fails? He concludes that "regulations to reduce carbon emissions are alive and well. The Environmental Protection Agency can attack carbon as a pollutant, and the Obama administration's announcement that efforts to hamstring the EPA will be vetoed suggests that they mean to do exactly that." [more inside]
Want to fire a teacher in the LA Unified School District? Be prepared to spend several years and hundreds of thousands of dollars to do so. [more inside]
There is a law in South Carolina that forces any subversive organization to register before the Secretary of State. Penalties for refusing to do so include a fine for up to $25,000 and 10 years imprisonment. You can download the form here. [more inside]
A medical marijuana provider in California is mounting a novel defense after his marijuana farm was raided by Federal agents. [more inside]
Get This Rat a Lawyer! A recent target of right wing anger has been Obama administration "czars", a term used to denote appointed presidential advisers not subject to Senate approval. Opponents of "czars" were recently emboldened by the resignation of Anthony "Van" Jones, who served from March 16 to September 5, 2009 as Special Advisor for Green Jobs, Enterprise and Innovation at the White House Council on Environmental Quality. An additional target of the hunt for Obama's czars is Cass Sunstein, a constitutional-law professor at Harvard University, who was confirmed Thursday as the director of the Office of Information and Regulatory Affairs. [more inside]
Healthcare reform has agitated right-wing extremists and moneyed interests in the United States for some time — during the presidencies of FDR and Truman as well as Clinton and Obama, most recently — but where do the objections originate from, and particularly those which are known to be based on complete untruths? Some of these lies start with or are repeated by well-known right-wing media personalities, but there are other people who get the ball rolling, who are perhaps less well-known. Elizabeth "Betsy" McCaughey originated one of the current myths more commonly known as "death panels", but despite her attempts to market herself as a folksy voice fighting for the well-being of senior citizens, she has been an effective advocate for the interests of private health insurance companies since the early 1990s. [more inside]
Prelude to Federation - Like a neocolonial SEZ (or TAZ) Paul Romer, not to be confused with David, posits "less developed countries contract with capitalist nations to set up Hong Kong's for them... that we rethink sovereignty (respect borders, but maybe import administrative control); rethink citizenship (support residency, but maybe import voice in political affairs); and rethink scale (instead of focusing on nations, focus on cities—on city states like Hong Kong and Singapore)." cf. neocameralism [1, 2, 3] [more inside]
Ting-Yi Oei is an assistant principal in Virginia who was indicted for possession of child pornography. Today, he describes his year-long fight against the charges, which ended in dismissal.
"Killing others is not loving them.” --meet US Army Captain Peter D. Brown, just granted Conscientious Objector status due to his religious beliefs and honorably discharged after first being denied and taking them to court---only 224 applicants were approved for it during 02-06, out of 2.3 million serving. [more inside]
9/11 changed everything? And the NSA is only looking at overseas and terrorist-related phone and internet records?
to gather information about Americans' phone records --... the NSA had approached the company (Qwest) about participating in a warrantless surveillance program to gather information about Americans' phone records. ...Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. ... -- The Administration's crimes and illegal spying on all of us and Quest's punishment for not going along with their plans.
But Is It War? A vigorous debate among three conservatives about the limits of post-9/11 executive power.
Everything I Want to Do Is Illegal by Joel Salatin. This Saturday will mark this article's four year anniversary. Frankly, I was mildly surprised not to have found it mentioned before in MeFi. It's a good read about a sad state of affairs; how our government is turning its own people into outlaws, because freedom has been traded in for an illusion of security. ...but then we already knew that. Don't we?
The Law Library of Congress’s Guide to Online Law includes legal information from over a hundred different countries and all fifty states. The Legal Information Institute has guides to 130 different areas of law. The Armed Forces Legal Assistance site is also a great resource for basic legal information, aimed at service members, but often generally helpful, on topics including consumer law, family law and trusts and estates. Your State’s Bar Association may also offer information specific to your jurisdiction.
An Indonesian TV crew was invited to Malaysia for their Visit Malaysia Year 2007 campaign but encountered many problems. They write up about it - and start a flurry of comments and controversy across the Malaysian government about blogging. [more inside]
Feds seek to gag D.C. Madam this madam threatens to spill the names about the biggies that used her services and so: [...]government lawyers claim that some discovery documents contain "personal information" about Palfrey's former johns and prostitutes that is "sensitive." The prosecution filing does not detail the nature of this confidential information, though the identity of Palfrey's D.C. customers would surely be cloaked if the protective order was signed by Judge Gladys Kessler[...]
Top Secret: We're Wiretapping You It could be a scene from Kafka or Brazil. Imagine a government agency, in a bureaucratic foul-up, accidentally gives you a copy of a document marked "top secret." And it contains a log of some of your private phone calls. You read it and ponder it and wonder what it all means. Then, two months later, the FBI shows up at your door, demands the document back and orders you to forget you ever saw it.
Tell me the stories that will embarrass those conservative bigots that are backing a constitutional ban on our formalized relationships.
The dirty underbelly -- I'm sick and tired of these hypocritical Hoosier legislators who think that my sex life or relationship status is any of their business. Do I intrude on who they're sleeping with? I didn't, but I'm going to start now. ...Consider this a call to
arms gossip. ... -- Bilerico, a GLBT blog in Indiana, fighting their proposed state Constitutional Amendment to ban marriage and all other rights for gay and lesbian couples and families.
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