“The Wild West approach to protecting public health and safety”

It is unsurprising, while still disappointing, that Texas lawmakers, along with many citizens, seem to have learned nothing at all from the disaster in West, Texas a few weeks ago. Many have used it as an opportunity to rail against government regulation.

Even in West, last month’s devastating blast did little to shake local skepticism of government regulations. Tommy Muska, the mayor, echoed Governor Perry in the view that tougher zoning or fire safety rules would not have saved his town. “Monday morning quarterbacking,” he said.

Raymond J. Snokhous, a retired lawyer in West who lost two cousins — brothers who were volunteer firefighters — in the explosion, said, “There has been nobody saying anything about more regulations.”

Texas has always prided itself on its free-market posture. It is the only state that does not require companies to contribute to workers’ compensation coverage. It boasts the largest city in the country, Houston, with no zoning laws. It does not have a state fire code, and it prohibits smaller counties from having such codes. Some Texas counties even cite the lack of local fire codes as a reason for companies to move there.

***

As federal investigators sift through the rubble at the West Fertilizer Company plant seeking clues about the April 17 blast that killed at least 14 people and injured roughly 200 others, some here argue that Texas’ culture itself contributed to the calamity.

I actually am sympathetic to the argument that additional regulations would not have prevented the explosion, but not in a way that reflects favorably on Governor Perry or anyone else who sides with him. The problem is not a lack of regulations. The problem is that our “business-friendly” culture in Texas has no intention of enforcing the regulations we already have. Spare us the bullshit about not needing more regulations until you have at least tried to do your damn job.

The New York Times quoted my torts professor from UT Law, Thomas McGarity, who sums it up far better than I ever could:

The Wild West approach to protecting public health and safety is what you get when you give companies too much economic freedom and not enough responsibility and accountability.

The greatest irony of West, perhaps, is that the fertilizer involved in the explosion is regulated by the Department of Homeland Security, because it is explosive. If someone had stolen fertilizer from the plant and blown it up somewhere else, these anti-regulation types might be singing a very different tune. Why is an explosion allegedly caused by greed and incompetence that much different from one allegedly caused by terroristic intent?

Share

Canada in the Caribbean?

20130510-174319.jpgI am writing this in the midst of five days of doing nothing in the Turks and Caicos Islands. The specific details of my trip are of no concern to my reader(s), but I have learned a few interesting factoids about this place. I had actually never heard of these islands before we started planning the honeymoon a few months ago, but I would not mind staying here a few more years.

– The Turks & Caicos are a British Overseas Territory, like Bermuda, the Cayman Islands, the British Virgin Islands, and others. Aside from tourism, its economy is largely based on banking, which also gives it much in common with the Cayman Islands and Bermuda.
– They are geologically part of the same island chain as The Bahamas.
– The UK government suspended the islands’ government in 2009 amid accusations of corruption, imposing direct control over the territory. It restored local control in 2012. As a tourist, you don’t get much of a whiff of these goings-on.
– This is definitely not the gun-crazy United States. In April 2013, police arrested two Americans in separate incidents, an 80 year-old from Florida and a 60 year-old Texan, at the Providenciales Airport (where we arrived on Tuesday.) Both are accused of trying to smuggle a single bullet out of the islands. Not a gun, a bullet. The Royal Turks and Caicos Island Police Force put it in appropriately unfamiliar terms (to American ears, anyway):

If you suspect or know of anyone in possession of an illegal or imitation firearm; or ammunition, DO NOT approach or try to apprehend them. Call the Police on 911

They were each allowed to go home, but must return to the islands on June 7 so a judge can decide whether to drop the charges or commence proceedings that could result in five-year prison sentences. For a society that derives upwards of 80% of its revenue from tourism, this might not be good.

Hey, didn’t you say something about Canada?

Oh yeah, I nearly forgot. Apparently Canada has explored the possibility of Turks & Caicos becoming a new province several times in the past century. The Turks and Caicos Islanders seem to favor the idea by a wide majority, and it could have quite a few advantages for Canada (aside from the obvious having a warm place to hang out.) Canada has hemmed and hawed on the issue for what appears to be a multitude of complicated domestic political issues. Not that I know much of anything about the issues, but I say go for it! (If the idea of Canada having a province in the Caribbean seems odd, ahem, Hawaii.)

Share

The Bad-Ass in Cleveland

I’m out of town for a bit, and haven’t seen much in the way of news, but I just learned about the rescue of the three kidnapped women in Cleveland, and I must say that Charles Ramsey, the neighbor who reportedly discovered the three women, sounds like an epic-level bad-ass. Not only did he save the day, but he is refusing any reward money:

The man who is being hailed as a hero for rescuing the lives of three women kidnapped for a decade says that he would like any reward money to be turned over to the victims.

Charles Ramsey became an instant Internet sensation on Monday when he helped free Amanda Berry, Georgina DeJesus and Michele Knight from the house next to his where they had been trapped for around 10 years.

***

[CNN’s Anderson] Cooper noted that the FBI had offered a reward for at least two of the victims.

“I tell you what you do, give it to them,” Ramsey said. “Because if folks been following this case since last night, you been following me since last night, you know I got a job anyway.”

“Just went picked it up, paycheck,” he added, producing an envelope from his pocket. “What that address say?”

“Where are them girls living? Right next door to this paycheck. So yes, take that reward and give it to — that little girl came out the house and she was crying.”

We could probably use more people like that in the world.

Share

They Don’t Know that They Are the Villains

Jason_Collins_2012_3

Admittedly, he does look pretty fabulous in this picture

“I’m a 34-year-old NBA center. I’m black. And I’m gay.” –Jason Collins

I had never heard of Jason Collins before this week. After David Robinson retired from the Spurs, I pretty much stopped paying attention to professional basketball entirely, to the extent I ever gave it much attention. In the few days that I have had to learn about Jason Collins, though, I can say that I have tremendous respect for him. He does not have high stats, and he does not fit the concept of an NBA superstar by any stretch of the imagination. For twelve years, though, he has kept showing up. The Michael Jordans of the world (like I said, I haven’t followed the NBA for a while) could not become superstars if they didn’t have the support of players like Jason Collins. (I’m sure people who know more about basketball could dispute the specifics of this point, but that’s not what I want to talk about.)

The reason I heard about Jason Collins this week is that he is the first active male professional athlete to come out as gay. He is hardly the first professional athlete, as Martina Navratilova has more than three decades on him in this area, but it’s still kind of a big thing. Male professional sports are still rooted in traditional male gender norms, which is part of why I never much cared for them. The idea of an actively-playing athlete in the NBA still seems far-fetched, but here we are. I have no doubt there are others, as well as the NFL, Baseball, and the NHL, but whoever they are, they’re keeping it to themselves (and that’s totally their right, to be sure.) Collins wrote an eloquent, if occasionally egotistical, piece in the forthcoming issue of Sports Illustrated explaining his decision to come out.

The most you can do is stand up for what you believe in. I’m much happier since coming out to my friends and family. Being genuine and honest makes me happy. Continue reading

Share

Drinking, Driving, and DAs: The Lehmberg Story Has Gotten Too Interesting for Austin’s Good (UPDATED)

284250_10200949759536566_1274788798_n

From “Remove Rosemary Lehmberg” on Facebook

The Travis County legal community is choosing sides in the battle over whether our currently-incarcerated district attorney, Rosemary Lehmberg, should get to keep her job when she gets out of jail in a few weeks. She is currently serving a 45-day sentence for driving while intoxicated, which could be as short as 22-23 days if she manages to stay out of trouble while in there. A Travis County lawyer (also a colleague, law school classmate, and friend) filed a petition to remove her from office, citing a Texas statute allowing removal of a district attorney for intoxication. The County Attorney’s office has now filed suit under that statute to seek Lehmberg’s removal, and a group of Austin attorneys has filed a “Friends of Rosemary” memorandum opposing her removal.

My first thought upon hearing about the memorandum in Lehmberg’s support was a sense that, as a non-practicing but still-licensed attorney, I am somewhat on the sidelines of this debacle. The district attorney is elected by all the voters of Travis County, though, not just the attorneys who vote (even if the attorneys are usually the only ones who closely follow DA and judicial elections.) This affects me and every other individual in this county, even if I will never professionally deal with Lehmberg or her office. I understand the arguments in favor of Lehmberg remaining in office. Considering all of the factors at play, I’m not entirely happy to say this, but I agree that she should go. I think it would be better for her to resign, but the chess pieces are in place now, so I guess we’ll see what happens.

To be clear, I have one reason for this position: public safety. I do not care if the district attorney was drinking alcohol per se. I do not care what a public servant does in their private time, except when it directly threatens the safety of others. Driving while (apparently, very) intoxicated is a direct threat to public safety. The end (of my position statement.)

Here is a bit of a play-by-play of what has happened so far.

I. THE ARREST

According to a police affidavit, as reported by KXAN, a 911 call at about 10:45 p.m. on Friday, April 12, 2013 reported that a Lexus had been driving in the bike lane and weaving for about a mile on southbound FM 620 in west Austin. Police arrested the driver, DA Rosemary Lehmberg. Her behavior at the police station is sure to be the stuff of legend (the affidavit reportedly described her as “both polite and excited, insulting and cocky.”) (Also, restraints were involved.) She was released on a personal bond at about 7:30 that Saturday morning. Continue reading

Share

In the Battle of States’ Rights Versus Poop, Poop Won

772355_38434700Yes, the U.S. Supreme Court once considered the question of whether a state government could prohibit the importation of solid or liquid waste from across state lines, and concluded that no, it cannot. (I may have exaggerated a little in my title when I implied that the case was just about “poop,” but you’re reading now, aren’t you?) I came across this fun decision during a work-related Googling. It is amazing the things you find.

Anyway, Philadelphia v. New Jersey, 437 U.S. 617 (1978), caught my eye, because why would the city of Philadelphia be suing the state of New Jersey? In the 1970’s of all times? It turns out that New Jersey had a law that “prohibit[ed] the importation of most solid of liquid waste which originated or was collected outside the territorial limits of the State…” Id. at 618. Quite a few private landfills in New Jersey and cities outside of New Jersey had business arrangements, in which those cities shipped their trash to New Jersey. I’m lazy, so just make your own New Jersey jokes here. I’ll wait.

Those private landfills and non-Jersey cities were not too happy. The landfills didn’t like losing business, and the cities didn’t like not being able to ship their effluvia to New Jersey (I’m paraphrasing Justice Stewart’s recitation of the facts, but I imagine the mayor of Philadelphia raging about not understanding the point of being so close to New Jersey if you can’t dump your crap there. Al Pacino is playing the role of the mayor in my imagination. It’s some awesome scenery-chewing.) So they sued the state of New Jersey for violating the Commerce Clause of the Constitution.

Typically, when you hear the term “states’ rights,” you either think of segregation or the Tenth Amendment. More jurisprudence related to what states can and cannot do, or what the federal government can or cannot make states do, derives from the Commerce Clause and other provisions nearby. In this situation, rather than a federal government that, depending on how you look at it, was either the source of or the last bastion against tyranny, private businesses were suing their own state, and municipal governments were suing a foreign (i.e. different) state. It doesn’t quite fit the standard “states’ rights” rhetorical model, but it does bring up a good question: does a state government, ostensibly of, by, and for its people, have the right to keep other people’s garbage out?

Short answer, no. If you’ve read this far but would really rather be off elsewhere eating a Hot Pocket, you may go now. Continue reading

Share

The Original Caucasians

800px-Kezenoy-lake

Lake Kezenoyam, in Chechnya

The Boston Marathon bombings, or whatever historical name we decide to apply to the event, showed Americans at their best and their not-quite-worst. Despite the heroism and selflessness displayed by people at the event, other people, all of whom did not experience the incident directly, rushed in to cast a wide net of blame, mostly directed at Muslims. The most interesting take on this, to me, was David Sirota’s April 16 piece in Salon, “Let’s hope the Boston Marathon bomber is a white American.” The context of his piece, to me, was not so much an actual wish to implicate white, right-leaning Americans in the bombing, but rather an observation of how we deal differently with crimes committed by white people and non-white people:

[I]n the context of terrorist attacks,…white non-Islamic terrorists are typically portrayed not as representative of whole groups or ideologies, but as “lone wolf” threats to be dealt with as isolated law enforcement matters. Meanwhile, non-white or developing-world terrorism suspects are often reflexively portrayed as representative of larger conspiracies, ideologies and religions that must be dealt with as systemic threats — the kind potentially requiring everything from law enforcement action to military operations to civil liberties legislation to foreign policy shifts.

In other words, if the bomber(s) turned out to be white people, the aftermath would likely consist mostly of criminal investigations and prosecutions, rather than a nationwide panic reaction like the one that birthed the PATRIOT Act and the war in Iraq. Of course, some people are determined to read the worst possible interpretation into such a statement, and Sirota unfortunately used words that others could shape into “ghoulish race-baiting.” I do not see much point in trying to engage with those who use terms like “race-baiting,” because I doubt anything I say would have an effect (especially considering Sirota’s clarifications and further thoughts on the matter here, here, and here.).

The revelation that the bombing suspects (remember, there has been no conviction, so they remain alleged bombers) are originally from Chechnya has thrown a wrench into everyone’s reflexive discussion of race and ethnicity as it pertains to terrorism and national security. Yes, they’re Muslims, but they’re also literally Caucasian. This has led to some interesting (I use that term broadly) discussion of what exactly it means to be “white” and whether or not we can continue to profile Muslims as a group in any sort of efficient manner. It might not have stopped the invective of some on the right towards immigrants in general and the basic rights of criminal suspects, but it has at least brought a strange sort of nuance to the discussion among some. At the very least, it gives Americans an opportunity to learn something about an unfamiliar part of the world.

This raised two questions for me: (1) is being a Caucasian from the Caucasus at all the same as being Caucasian in the sense of being white? and (2) does it make even a smidgen of difference when it comes to questions of national security or anti-terrorism?

The answers, for those who want to stop reading at the end of this sentence are: (1) no, but it’s interesting and worthy of further exploration; and (2) no, but given the amount of right-wing terrorism associated with white nationalism in this country, along with anti-Muslim rhetoric, people on the right have no business acting offended all of a sudden. Continue reading

Share

When a TV Show Gives Characters More Depth than the Original Books: Game of Thrones’ Margaery Tyrell and Jaime Lannister

I vowed last year that I would stop comparing the HBO series Game of Thrones to George R.R. Martin’s A Song of Ice and Fire series, in part because it becomes more and more difficult to hold a story told in the television format to the story found in a (so-far) five-volume, 3,000+ page series of novels. Also, the TV series deserves to be judged on its own merits, not just for its fealty to its source material. That said, the first few episodes gave depth to two characters that, to the best of my recollection, was missing in the books.

SPOILER ALERT: I’m going to talk about things that have happened so far on season 3 of Game of Thrones, some of which also happened in the book A Storm of Swords (book 3 in the ongoing series). This will, of course, draw on things in the first two seasons and first two books. I am still only halfway through book 5, A Dance With Dragons, so if something I say here contradicts something I haven’t read yet, shut up. I’ll finish the book, really.

-Margaery-Tyrell-margaery-tyrell-32848038-500-600

Via fanpop.com

Margaery Tyrell: The books are told in third-person, but each chapter is from the point of view of a specific character. You therefore see certain events from a specific character’s perspective. The death of Ned Stark, for example, was seen through Arya Stark’s eyes in the book, and we learn about Sansa Stark’s experience later. At no point so far have we seen anything from the point of view of any of the Tyrells. Most of what we have seen of Margaery Tyrell is through the eyes of Sansa and Cersei. Cersei is obviously a less-than-reliable judge of Margaery’s character, but the fact that Cersei hates her is a mark in Margaery’s favor. It is therefore fascinating to see how the show develops her.

We know from an exchange with Littlefinger in season 2 that Margaery is ambitious (“You want to be a queen.” “No, I want to be the Queen.”) Now we get to see her schemes firsthand. Natalie Dormer plays the role with both hypnotic beauty and a very subtle cunning (which might be redundant.) She is genuinely kind to the orphan children, even if we know she has an agenda. That scene was a brilliant foil to Joffrey’s character, who refused to get out of his litter lest the common people try to hurt him. Joffrey expects the people to follow and obey him because they have to, because he is their king, end of story. Margaery knows that she must earn their trust and their love, and that this will bring their obedience. The books only show this through Cersei’s horrified eyes. Continue reading

Share

So We Don’t Have Background Checks. Big Whoop.

450px-Open_Carry_of_a_9mm_Browning_Hi_Power_in_Eagle,_ColoradoI’ve been thinking about the vote in the Senate yesterday, and how a handful of red state Democrats supposedly betrayed the rest of the country, and so forth. The first thoughts that popped into my head were (1) just because a majority of Americans want something does not, by itself, make it a good idea or the right thing to do, and (2) legislation often works best as a formalizing process of a society-wide shift in attitudes. These two somewhat-contradictory ideas apply to gun regulation in the sense that, while most people seem to want background checks and other relatively modest regulations, and while the NRA can’t seem to address these issues without hyperbole and mendacity, the fact is that background check legislation, and similar laws, will be doomed to failure as long as the self-described “law-abiding” gun crowd seems predisposed to fight tooth and nail against them. I have seen no arguments against modest gun regulation that weren’t reduceable to “Regulation, registry, Nazis, oh my!” and quite frankly, I’m tired of trying to argue with people who refuse to address the issue at hand and tend to speak of everything in apocalyptic terms. As long as we tolerate people who have more respect for their guns than for their fellow citizens, none of this is ever going to get better.

The odd thing about all of this is that I’m actually pretty pro-gun rights, but I can’t stand shoddy arguments and uncompromising, extreme rhetoric. So here’s my point: Continue reading

Share

The Boston Marathon Bombings Brought Up a Lot of Thoughts, Mostly About Right-Wing Whininess

800px-Boston_marathon_mile_25_beacon_street_050418So far, after the horrors of what happened in Boston yesterday, hope and love are winning out over fear and hate, but only by the tiniest of ever-slimming margins. I so desperately want to strike a positive note today, to focus on the stories of selfless heroism, generosity, and compassion that are still coming out of this event. As Patton Oswalt brilliantly said yesterday, “when you spot violence, or bigotry, or intolerance or fear or just garden-variety misogyny, hatred or ignorance, just look it in the eye and think, ‘The good outnumber you, and we always will.'” Julie Gillis wrote that “we know there is something better than hating and hurting, something that is just as much our birthright as our breath. Love.”

We still don’t know who is responsible for the attack, whether it is a coordinated strike by a group of pathetic sociopaths or the act of a lone pathetic sociopath. This is where the negative comes in. We seem to be wired as a species, or at least as a culture, to focus on the negative or the prurient.

News of overwhelming donations of time, supplies, and blood cannot possibly compete with frenzied, breathless accusations against anyone’s favored bad guy, especially right now, when those accusations are utterly unburdened by the weight of any evidence whatsoever. And so we have the utterly predictable chorus of rants from the usual suspects about who might be responsible. Fox News claims Muslims, without a shred of evidence. Alex Jones claims a government conspiracy, or maybe the Illuminati, or maybe the radio transmitters implanted in his skull by video games. Westboro Baptist Church continues to do everything in their power to ensure that no one except protesters will attend their own funerals some day. Finally, there is the possibility that the Boston attack was the work of right-wing extremists, who most likely are white, and probably male. And that’s where the real hysteria starts. Continue reading

Share