Category Archives: Law

The Right-Wing Media Might Just Have Terrible Reading Comprehension

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By Kurykh (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsA putative class action lawsuit in Nevada alleges negligence and other claims against the private contractor hired to create the state’s health insurance exchange. At least two plaintiffs found themselves without insurance coverage, despite paying premiums since last fall. Their attorney says around forty more people have contacted him with similar complaints, and as many as 10,500 could have been affected.

As the people involved in the suit have repeatedly made clear, the lawsuit is about the alleged negligence, etc., of a private contractor, not about the Affordable Care Act (“ACA,” also known as Obamacare). Has that stopped the right-wing media from calling this a lawsuit over Obamacare? Do you even need to ask that question? More on that later.

The state of Nevada hired Xerox to create the state’s health insurance exchange, Nevada Health Link, in accordance with the ACA. A glitch caused some people who signed up through the state exchange to not actually have insurance. The lead plaintiff signed up in November and made his first premium payment on November 21. When he needed triple-bypass surgery in January, however, the insurer Health Plan of Nevada (HPN) had no record of him. The exchange and Xerox had allegedly been sending his payments to Nevada Health CO-OP, a different insurer. Neither insurer had a record of coverage, so the man ended up incurring over $400,000 in medical bills for himself. (On the plus side, he wasn’t left to die.) Continue reading →

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What I’m Reading, April 4, 2014

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By Djembayz (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsIf You Criticize Wealthy Donors, You’re Basically Hitler, David Weigel, Slate, April 3, 2014

The Charles Koch standard is problematic if you think (like I think) that campaign donations should be uncapped but totally disclosed. That, according to the donors (though not McCutcheon himself), leads to character assassination. Donors have a First Amendment right to give money, but their opponents flout that right when they criticize them. Why? That’s an excellent question.

Self-Regulation Means No Regulation: Five Lessons We Should Have Learned from Agent Orange, PR Newswire, April 2, 2014

Economic crises. Foodborne disease outbreaks. Oil and chemical spills. According to Peter Sills, each is the natural result of the widespread demonization of a tool our government should wield more often. Regulation.

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Many politicians and industries push for self-regulation, and Sills says that might actually work in a perfect world. But in the real world, he insists, it won’t—and here are five reasons why:

If a hard, unpleasant task is optional, then most companies won’t do it (especially if it will cost them money). Consider Wyeth Pharmaceuticals’ refusal to change the label requirements on Phenergan even though it knew the method suggested could lead to infection and amputation. Wyeth finally made the change after being sued by a patient who had lost most of her arm.

“Sometimes, for the safety of the public, it is necessary for the government to force companies into performing unpleasant tasks,” says Sills.

Photo credit: By Djembayz (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

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Hippie Lawyers

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I’m at the State Bar of Texas Animal Law Institute today.

Without a doubt, this is the only event for Texas lawyers where, by 3:00 p.m., the vegan lasagna is all gone, and the beef & sausage lasagna is the only leftover.

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All for me…..

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Lying for Jesus

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By jodylehigh [Public domain, CC0 1.0], via PixabayAn appellate court recently ruled in favor of a prison inmate who was denied early parole, effectively speaking, for being an atheist:

Atheist Randall Jackson had been serving time in the Western Reception, Diagnostic and Correctional Center in St. Joseph, Missouri when he learned about an opportunity to get early release on parole — all he had to do was attend the center’s “Offenders Under Treatment Program.”

Just one problem: The program was faith-based, requiring him to both pray and acknowledge the existence of God. (Another treatment program promoted Alcoholics Anonymous which is also religious in nature.)

He explained his misgivings to prison staff, and was allegedly told to pretend that “God” stood for “good orderly direction.” I think I’ve heard that one before.

This prison inmate, however, had some scruples.

Jackson eventually asked to be transferred to a secular treatment program — but his request was denied. Instead of lying and playing the game, he chose not to enroll in OUTP… and was later denied an early release.

(Emphasis added.)

This seems pretty self-evidently unconstitutional. Here we have a benefit offered to inmates, early release, conditioned on completion of a program that is pretty explicitly religious. (It’s probably safe to assume that it is Christian in nature.) The inmate in question here is an atheist, but one could substitute any non-Christian religion—or even different flavors of Christianity—and the problem presents itself even more clearly.

Jackson sued, but lost in the trial court. He appealed to the Eight Circuit: Continue reading →

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What I’m Reading, March 28, 2014

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The Internet, Where Languages Go to Die?, Ross Perlin, Al Jazeera America, March 18, 2014

We’re used to the triumphalist universalism of the digital utopians: Google organizes the world’s information. Facebook connects everyone. Twitter tells you what’s happening. Wikipedia is the encyclopedia that anyone can edit. It’s all true — for a mere 5 percent of the world’s languages.

What few acknowledge is that the online world — when compared with offline, analog diversity — is very nearly a monoculture, an echo chamber where the planet’s few dominant cultures talk among themselves. English, Chinese, Spanish, Arabic and just a handful of other languages dominate digital communication. Thanks to their sheer size and to the powerful official and commercial forces behind them, the populations that speak and write these languages can plug in, develop the necessary tools and assume that their languages will follow them into an ever-expanding range of virtual realms.

Copyright Alliance Attacks ChillingEffects.org As ‘Repugnant,’ Wants DMCA System With No Public Accountability, TechDirt, March 17, 2014

Sandra Aistars of the Copyright Alliance issued a statement during the recent DMCA-related hearing in front of the House Judiciary Committee. As was noted earlier, a bunch of effort was made to turn the “notice and takedown” system into a “notice and stay down” system, and weirdly, the word “free” was thrown about as if it was synonymous with “infringement.”

Her statement details the shortcomings of the DMCA system from the expected position, citing the personal travails of creators like Kathy Wolfe, who for some reason has chosen to spend half her profits battling infringement. In general, it painted a bleak picture for future creativity, claiming that unless infringement is massively curbed, creators will stop creating. (There seems to be no place in this argument about the lowered barriers to entry, and the swell of creation that has enabled.)

But where her statement really goes off the rails (even for the Copyright Alliance) is with the attack on the popular copyright notice clearinghouse, Chilling Effects.

We Shouldn’t Arrest One More Person for Having Marijuana, Dice Raw, Blog of Rights, March 18, 2014

When you look at marijuana arrest data in the U.S., you’ll be floored to know that every 37 seconds, someone gets handcuffed and booked for weed-related crime, and Black people are 3.73 times more likely to be the ones arrested (communities of color have felt this to be true for a long time, and now we have the stats to back us up).

That doesn’t reflect the true voice of the people. In fact, 9 out of 10 adults in the U.S. don’t think a person should face jail time for a small amount weed. In 2010 alone, states spent $3.61 billion enforcing marijuana possession laws, yet many cities also experienced mass school closings that threaten to hinder the progress of our youth.

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What I’m Reading, March 26, 2014

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You play ball like a GIRL!

Via pordl.com

Playing “Too Womany” and the Problem of Masculinity in Sport, Joanna L. Grossman and Deborah L. Brake, Verdict, September 17, 2013

Title IX indeed has changed the face of education. It has been invoked to protect students against sexual harassment by teachers and peers, to ensure fair treatment of pregnant and parenting students, to remove obstacles to women’s education in non-traditional fields like science and math, and to curtail the use of single-sex education that was rooted in stereotype. But Title IX is most known for its impact on athletics, even though that was probably the furthest thing from the legislators’ mind when they enacted it. (The legislative history suggests little more than some chuckling over the prospect of co-ed football and co-ed locker rooms.)

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There is no question that sports have changed women. Female sports participation has proven positive effects that are related to academic achievement; job success; positive self-esteem; reduced incidence of self-destructive behaviors like smoking, drugs, sex at a young age, and teen pregnancy; and physical and mental health benefits. By and large, sports have been empowering and have even changed, in fundamental ways, what it means to be a woman.

But have women changed sports? Why is it that despite the widespread participation of women and girls in sports, a team of ten-year-old boys would be told by their male coach (as recently happened to one of our sons) that the reason they lost their soccer game is because they “played too womany”? And why is it that this remark strikes so few people as offensive? Has women’s participation in sports changed the norms of femininity for women, but not the norms of masculinity for men?

[Ed. note: We generally hear “you throw like a girl” as an insult, based on women’s perceived categorical inferiority at sports.

Throw like a girl

Via fugly.com

Well, do you know who else “throws like a girl”? Continue reading →

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What I’m Reading, March 25, 2014

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By Mike Kalasnik from Fort Mill, USA [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia CommonsThe Breadth of Hobby Lobby’s Attack On Its Employees, Scott Lemieux, Lawyers, Guns & Money, March 22, 2014

Hobby Lobby et al. are citing a “burden” on religious practice so trivial as to be non-existent in order to impose actual burdens on the rights of their employees. This nicely summarizes how American conservatives think about “freedom.”

Nauru–From Island Paradise To Hell On Earth, Down With Tyranny! March 22, 2014

I remember Nauru from the time I was a pre-teen stamp collector. It was– still is– just a speck of a South Pacific Island, about 8 square miles and less than 10,000 people. Earlier, it had been a German colony that was taken over by the Brits after World War I– like Tanganyika (which, coincidentally, also has a village named Nauru). I haven’t thought about Nauru in half a century until last night. I didn’t even know that around the time Nauru became independent, phosphate mining had given it the highest per-capita income of any country in the world– almost all of which has been swindled. They went from wealth to poverty and Nauru was reduced to taking money from Australia to host a virtual concentration camp for refugees from Sri Lanka, Afghanistan, Iran, Palestine and Pakistan.

Ladders on Everest are just the latest step in our commodification of nature, Philip Hoare, The Guardian, posted at Raw Story, March 20, 2014

For a place already blighted by litter, fistfights and unburied dead bodies, it’s not so much “health and safety” as “access all areas”. Its greatest hero, Edmund Hillary, declared in 2006, two years before he died: “I think the whole attitude towards climbing Mount Everest has become rather horrifying. The people just want to get to the top.” His successor, Stephen Venables, the first Briton to climb the peak without oxygen, agreed. “The mountain has become a commodity, to be bought and sold like any other,” he said. We humans have come to expect the natural world to come commodified, negotiated, shaped to our needs. From high to low, there’s nowhere we can’t go, nothing we can’t do. In this age of the Anthropocene – the era of human manipulation heralded by the industrial revolution – it is a given that we have tuned the environment to suit ourselves. Dominion is all; human ingenuity has encompassed the planet. Now pass me the phone: “I’m on the mountain.”

More like the Dork Enlightenment, am I right?, PZ Myers, Pharyngula, March 7, 2014

I am told I’m supposed to take The Dark Enlightenment seriously. I can’t. I just can’t. What it is is mostly a bunch of pretentious white dudebro computer programmers with a fascist ideology who write tortuous long-winded screeds off the top of their heads, with most of their ‘data’ coming from pop culture movies like The Matrix, and a few similarly clueless nerds who think it’s neat-o. I take it seriously only in the same way I take Libertarianism seriously: it’s a nucleus for idiots to coalesce around.

They also throw the term HBD around a lot. If you’re not in the know, HBD is short for Human BioDiversity, and it’s the hot new sciencey word for racism. The only people who use it are racists.

Photo credit: By Mike Kalasnik from Fort Mill, USA [CC-BY-SA-2.0], via Wikimedia Commons.

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What I’m Reading, March 24, 2014

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Neil deGrasse Tyson at the Big Bang (with sunglasses)

Via imgflip.com

Neil deGrasse Tyson Squashes Creationist Argument Against Science on National TV, Dan Arel, AlterNet, March 17, 2014

Watching the Christian Right, especially the creationist wing, struggle to counter “Cosmos” each week is like watching a frightened, cornered animal that knows it is about to die. What else could explain the weekly grasping at straws, and the unremitting blasting of social media links meant to reel their following back in as their eyes are opened to the scientific method’s greatness.

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Creationism’s days are numbered. “Cosmos” frightens the conservatives more than anything has in a very long time. Every day their numbers grow smaller and their grasp on America becomes weaker.

The time is now for a scientifically literate America to return, for scientific innovations to flow out of our borders and spread around the world. We can no longer take a backseat to the world of science and must return once again to the driver’s seat.

Terrifying Precedent: Woman to Be Tried for Murder for Giving Birth to Stillborn When She Was 16, Nina Martin, ProPublica, March 19, 2014

The case intersects a number of divisive and difficult issues — the criminal justice system’s often disproportionate treatment of poor people of color, especially in drug prosecutions; the backlash to Roe v. Wade and the conservative push to establish “personhood” for fetuses as part of a broad-based strategy to weaken abortion laws. A wild card in the case — Mississippi’s history of using sometimes dubious forensic evidence to win criminal convictions over many years — could end up playing a central role.

Ignoring Fox News’ Racism is Good for Democrats but Bad for the Country, Isaac Chotiner, The New Republic, January 27, 2014

Fox still has, as far as cable news is concerned, a giant audience among all Americans—especially Republicans, conservatives, and influential businessmen and businesswomen. It still has major power within the Republican Party. To say that Fox’s bigotry should just be discounted is therefore odd. I am sure Rich has spent some time watching Fox News, so he must be aware of how toxic it is. Putting aside its top-down class warfare, segment after segment is meant to scare its white audience into believing that African Americans, or Muslims, are out to get them. This is not some random nut on Twitter: no, this is real bigotry transmitted to a large audience, and it must be combatted.

Michelle Alexander: White Men Get Rich from Legal Pot, Black Men Stay in Prison, April M. Short, AlterNet, March 16, 2014

Alexander said she is “thrilled” that Colorado and Washington have legalized pot and that Washington D.C. decriminalized possession of small amounts earlier this month. But she said she’s noticed “warning signs” of a troubling trend emerging in the pot legalization movement: Whites—men in particular—are the face of the movement, and the emerging pot industry.

***

Alexander said for 40 years poor communities of color have experienced the wrath of the war on drugs.

“Black men and boys” have been the target of the war on drugs’ racist policies—stopped, frisked and disturbed—“often before they’re old enough to vote,” she said. Those youths are arrested most often for nonviolent first offenses that would go ignored in middle-class white neighborhoods.

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What I’m Reading, March 21, 2014

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By United States Department of Energy [Public domain], via Wikimedia CommonsMicronesians Continue To Seek Justice On The 60th Anniversary Of The Castle Bravo Nuclear Test, Michelle Broader Van Dyke, BuzzFeed, February 28, 2014

The U.S. conducted at least 67 nuclear tests in the Marshall Islands between 1946 and 1958. The nuclear test conducted at Bikini Atoll on March 1, 1954, Operation Castle Bravo, remains the largest test ever conducted by the U.S. and yielded 15 megatons, almost 1,000 times the power of the bomb dropped on Hiroshima.

Bravo vaporized two surrounding islets and sent a plume of highly radioactive debris floating over the lagoon and into the open water. Atolls downwind of Bikini, including Rongelap and Utirik, hadn’t been informed of the tests but were showered with dangerously radioactive ash, which residents believed was snow — something they had never seen.

In the years following the test, people who were exposed burned from the radiation, became nauseous, developed thyroid problems, had loss of blood cells, and women who were pregnant miscarried. And decades after the bombings, the health problems persist with unusually high rates of birth defects and cancer among Micronesians.

Keurig Will Use DRM In New Coffee Maker To Lock Out Refill Market, Karl Bode, TechDirt, March 3, 2014

The single coffee cup craze has been rolling now for several years in both the United States and Canada, with Keurig, Tassimo, and Nespresso all battling it out to lock down the market. In order to protect their dominant market share, Keurig makers Green Mountain Coffee Roasters has been on a bit of an aggressive tear of late. As with computer printers, getting the device in the home is simply a gateway to where the real money is: refills. But Keurig has faced the “problem” in recent years of third-party pod refills that often retail for 5-25% less than what Keurig charges. As people look to cut costs, there has also been a growing market for reusable pods that generally run anywhere from five to fifteen dollars.

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What I’m Reading, March 19, 2014

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By John Martinez Pavliga from Berkeley, USA (Contemporary American Auto Dealer) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia CommonsWhat Do Car Dealers Do? Gerard Magliocca, Concurring Opinions, March 17, 2014

What is the public purpose behind a statute or regulation that says that you can only buy new cars through a dealer? I’ll grant that the dealership model has been around for a long time, and dealers are a powerful lobby, but is there anything else to this regulation? For example, can you say that car dealers do a better job at protecting consumer safety or welfare than a store owned by the manufacturer? I find that hard to believe. I’m not sure these dealership statutes are constitutionally irrational, but they are ridiculous.

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