Minatory

A word I was not familiar with, before today

MEANING:
adjective: Threatening or menacing.

ETYMOLOGY:
From Latin minari (to threaten), from minae (threats). Ultimately from the Indo-European root men- (project) that is also the source of menace, mountain, eminent, promenade, demean, amenable, and mouth.

[Click to continue reading A.Word.A.Day –minatory]

Do not Bring Yer Guns to Town
[Don’t Bring Yer Guns to Town – Trident Cannery, Ketchikan, Alaska]

One could say the Cambridge police officer involved in the Professor Gates false arrest incident claimed that Gates was acting in a minatory fashion towards the officer, even though facts later proved the officer’s description as erroneous and laughably misleading.

Obama Criticizes Arrest of Harvard Professor

Professor Gates being arrested in front of his own house continues to resonate. President Obama even gave his opinion, when asked at last night’s White House news conference.

Lynn Sweet of The Chicago Sun-Times asked him about the case and what it said about race relations in America.

Mr. Obama paused, then said, “Well, I should say at the outset that Skip Gates is a friend, so I may be a little biased here.”

Then he made his only joke of the evening, as he speculated about what would happen if he were seen trying to force the door of his own home? “I guess this is my house now,” he said, “so it probably wouldn’t happen.” Then, after a beat, he added, “Let’s say my old house in Chicago. Here, I’d get shot.”

The president then became serious, taking up a chronology of the events last week after the police received a report of a possible break-in at the home of Mr. Gates, a leading authority on African-American history.

“The police are doing what they should,” he said. “There’s a call. They go investigate. What happens?

“My understanding is that Professor Gates then shows his I.D. to show that this is his house, and at that point he gets arrested for disorderly conduct.”.

“I don’t know, not having been there and not seeing all the facts, what role race played in that,” Mr. Obama continued. “But I think it’s fair to say, No. 1, any of us would be pretty angry; No. 2, that the Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home; and No. 3, what I think we know separate and apart from this incident is there is a long history in this country of African-Americans and Latinos being stopped by police disproportionately. That’s just a fact.”

[Click to continue reading Obama Criticizes Arrest of Harvard Professor – NYTimes.com]

httpv://www.youtube.com/watch?v=LucTPdK8VTc

Yeah, no kidding. Police should be trained well enough to be able to listen to people complain to them without the police feeling they have to “show their power” by arresting innocent people. No matter what Professor Gates said, arresting him was just a power play by the officer “I’ll show this asshole who dared question my authority, why, I’ll arrest him on trumped-up charges!”

Professor Gates was interviewed by Dayo Olopade of The Root, and disputes the allegation that he even was yelling at the officer

The police report says I was engaged in loud and tumultuous behavior. That’s a joke. Because I have a severe bronchial infection which I contracted in China and for which I was treated and have a doctor’s report from the Peninsula hotel in Beijing. So I couldn’t have yelled. I can’t yell even today, I’m not fully cured.

It escalated as follows: I kept saying to him, ‘What is your name, and what is your badge number?’ and he refused to respond. I asked him three times, and he refused to respond. And then I said, ‘You’re not responding because I’m a black man, and you’re a white officer.’ That’s what I said. He didn’t say anything. He turned his back to me and turned back to the porch. And I followed him. I kept saying, “I want your name, and I want your badge number.”

It looked like an ocean of police had gathered on my front porch. There were probably half a dozen police officers at this point. The mistake I made was I stepped onto the front porch and asked one of his colleagues for his name and badge number. And when I did, the same officer said, ‘Thank you for accommodating our request. You are under arrest.’ And he handcuffed me right there. It was outrageous. My hands were behind my back I said, ‘I’m handicapped. I walk with a cane. I can’t walk to the squad car like this.’ There was a huddle among the officers; there was a black man among them. They removed the cuffs from the back and put them around the front.

A crowd had gathered, and as they were handcuffing me and walking me out to the car, I said, ‘Is this how you treat a black man in America?’

[Click to continue reading Skip Gates Speaks]

Of course there are elements in the US1 that support any and all actions by police officers, even when they are clearly in the wrong. I’m not linking to any of these, but on nearly every article I’ve read about the incident, there is a vocal and often surprisingly openly racist contingent who defend the police. These people frighten me with their deference to power, as the phrase goes, might doesn’t make right.

The Smoking Gun has the police report which obviously contradicts some of Professor Gates’ statements

Footnotes:
  1. and the world – don’t know if the whole world is watching this incident, but having the President speak of it will certainly elevate it []

Kiva Loan Number 9

Gladys Odoom from Ghana has fully repaid a Kiva loan

Location: Kasoa, Ghana

Repayment Term: 8 months (more info)

Activity: Jewelry

Repayment Schedule: Monthly

Loan Use: To purchase assorted jewelry

Currency Exchange Loss: Covered       Default Protection: Covered

Gladys is a trader who sells assorted jewelry. She hawks from one community to the next. She is 28 years old and married with two children. Gladys has insufficient working capital to run her business. With this loan, she plans to inject more working capital into the business to scale it up. She believes the loan will enable her to purchase good quality jewelry in large quantity to upgrade her inventory. She will use part of her profit to finance her kids’ education. She is grateful for the assistance.

(click to continue reading Kiva – Gladys Odoom from Ghana has fully repaid a Kiva loan.)

Country: Ghana
Avg Annual Income: $2,643
Currency: Ghana Cedis (GHS)

Henry Louis Gates Jr. Falsely Arrested

Charles Ogletree has issued a statement on behalf of Professor Gates who was in a dust-up with the Cambridge police a few days ago


“Colored People: A Memoir” (Henry Louis Gates Jr.)

This brief statement is being submitted on behalf of my client, friend, and colleague, Professor Henry Louis Gates, Jr. This is a statement concerning the arrest of Professor Gates. On July 16, 2009, Professor Henry Louis Gates, Jr., 58, the Alphonse Fletcher University Professor of Harvard University, was headed from Logan airport to his home [in] Cambridge after spending a week in China, where he was filming his new PBS documentary entitled “Faces of America.” Professor Gates was driven to his home by a driver for a local car company. Professor Gates attempted to enter his front door, but the door was damaged. Professor Gates then entered his rear door with his key, turned off his alarm, and again attempted to open the front door. With the help of his driver they were able to force the front door open, and then the driver carried Professor Gates’ luggage into his home.

Professor Gates immediately called the Harvard Real Estate office to report the damage to his door and requested that it be repaired immediately. As he was talking to the Harvard Real Estate office on his portable phone in his house, he observed a uniformed officer on his front porch. When Professor Gates opened the door, the officer immediately asked him to step outside. Professor Gates remained inside his home and asked the officer why he was there. The officer indicated that he was responding to a 911 call about a breaking and entering in progress at this address. Professor Gates informed the officer that he lived there and was a faculty member at Harvard University. The officer then asked Professor Gates whether he could prove that he lived there and taught at Harvard. Professor Gates said that he could, and turned to walk into his kitchen, where he had left his wallet. The officer followed him. Professor Gates handed both his Harvard University identification and his valid Massachusetts driver’s license to the officer. Both include Professor Gates’ photograph, and the license includes his address.

Professor Gates then asked the police officer if he would give him his name and his badge number. He made this request several times. The officer did not produce any identification nor did he respond to Professor Gates’ request for this information. After an additional request by Professor Gates for the officer’s name and badge number, the officer then turned and left the kitchen of Professor Gates’ home without ever acknowledging who he was or if there were charges against Professor Gates. As Professor Gates followed the officer to his own front door, he was astonished to see several police officers gathered on his front porch. Professor Gates asked the officer’s colleagues for his name and badge number. As Professor Gates stepped onto his front porch, the officer who had been inside and who had examined his identification, said to him, “Thank you for accommodating my earlier request,” and then placed Professor Gates under arrest. He was handcuffed on his own front porch.

Professor Gates was taken to the Cambridge Police Station where he remained for approximately 4 hours before being released that evening. Professor Gates’ counsel has been cooperating with the Middlesex District Attorneys Office, and the City of Cambridge, and is hopeful that this matter will be resolved promptly. Professor Gates will not be making any other statements concerning this matter at this time.

[Click to continue reading Henry Louis Gates Jr. Arrested]

Stop Snitchin

Crazy. And after seeing a photograph of the incident, Professor Gates looks even less like a threat. No wonder he was incensed. I would be too.

Kiva Loan Number Seven

Moufid from Lebanon has fully repaid a Kiva loan. This was probably actually my first Kiva loan, but I didn’t keep good records/dates when I began.

Location: Aley – Chouf, Lebanon

Repayment Term: 14 months (more info)

Activity: Barber Shop

Repayment Schedule: Monthly

Loan Use: Moufid will use the loan to purchase tools for his salon

Currency Exchange Loss: N/A       Default Protection: Not Covered

Moufid is a 54-year-old man who lives in Aley, Mount Lebanon, with his wife and their three children. Moufid has owned a barber shop for 30 years. He requested a loan of $1,000 from Kiva’s partner Al Majmoua in order to purchase tools for his salon. This is his third cycle and he has always paid on time.

His previous loans helped him improve his work. Moufid is special in his work because he knows how to treat his clients. His clients are his friends and neighbors. When he first started his business, he had difficulty building networking. Ziad decided on doing his business because he wanted to have independent work. In the future, he plans on expanding his store.

(click to continue reading Kiva – Moufid from Lebanon has fully repaid a Kiva loan.)

 

Reading Around on July 20th

Some additional reading July 20th from 09:53 to 19:30:

  • The Return of the Pay Wall | The Big Money – The summer of 2009 is a terrible time to start charging for what was free. …

    So is this really the best time to start charging for online news? No. The best time was back in 1994, when the Web made online publishing to the masses a snap. And now that newspapers are finally making the move, they're applying a 1994 solution to the 2009 Web. Today, online publishers are seeing more and more traffic coming through blogs, aggregators like Google News, and social sites like Facebook and Twitter. Ignoring them is even more perilous to a paper's image than it was two years ago, when the New York Times tore down its Times Select pay walls. The hypertext link that made the Web unique is even more powerful today, and pay walls that break those links send would-be readers a clear message: Don't bother.

  • pandagon.net – these things don't just blame themselves – Harvard professor Henry Louis Gates Jr., one of the nation’s pre-eminent African-American scholars, was arrested Thursday afternoon at his home by Cambridge police investigating a possible break-in.. Gates, director of the W.E.B. Du Bois Institute for African and African American Research at Harvard, had trouble unlocking his door after it became jammed.
    He was booked for disorderly conduct after “exhibiting loud and tumultuous behavior,” according to a police report. …
    Now, I can understand why the police might think that a middle-aged black man was breaking into a home during lunchtime by trying to ram the front door with his shoulder, because it’s what many middle-aged black men do with their time, between Young and the Restless commercial breaks.
    … I’m sure that a significant number of people will read this and think that this is just a black man screaming racism because he handled a situation poorly, because a significant number of people like being dead fucking wrong.
  • The Return of the Pay Wall | The Big Money – The summer of 2009 is a terrible time to start charging for what was free. …

    So is this really the best time to start charging for online news? No. The best time was back in 1994, when the Web made online publishing to the masses a snap. And now that newspapers are finally making the move, they're applying a 1994 solution to the 2009 Web. Today, online publishers are seeing more and more traffic coming through blogs, aggregators like Google News, and social sites like Facebook and Twitter. Ignoring them is even more perilous to a paper's image than it was two years ago, when the New York Times tore down its Times Select pay walls. The hypertext link that made the Web unique is even more powerful today, and pay walls that break those links send would-be readers a clear message: Don't bother.

  • Hullabaloo – Wrecking Ball – Davis really had only bumped the fee back to its historic level: to 2% of a vehicle's value, rather than a recently enacted 0.65%.

    Schwarzenegger's canceling of the fee hike actually amounted to the single biggest spending increase of his reign. That's because all the revenue from the vehicle license fee had gone to local governments, and Schwarzenegger generously agreed to make up their losses by shipping them money from the state general fund.

    The annual drain on the state treasury was $6.3 billion until February. Then the governor and Legislature raised the fee to 1.15% of vehicle value, saving the state $1.7 billion.

  • Kennedy ’suicide ramp’ improvements to increase suicide rates | The Daily Blank – "According to an official Illinois Department of Transportation report, the notorious “suicide ramps” on Chicago’s downtown Kennedy Expressway will undergo much-needed improvements in order to bring the annual number of suicide deaths back up from what has been a startling decline in the past decade."

Carbon Credit Market and Goldman

As I said earlier, I don’t whether the new Cap and Trade legislation is a good step or not, I don’t have enough knowledge on the details, yet. However, I’m suspicious as to who is going to take most of the profits, namely Goldman Sachs.

Midas Touch

As Matt Taibbi writes:

The new carboncredit market is a virtual repeat of the commodities-market casino that’s been kind to Goldman, except it has one delicious new wrinkle: If the plan goes forward as expected, the rise in prices will be government-mandated. Goldman won’t even have to rig the game. It will be rigged in advance.

Here’s how it works: If the bill passes, there will be limits for coal plants, utilities, natural-gas distributors and numerous other industries on the amount of carbon emissions (a.k.a. greenhouse gases) they can produce per year. If the companies go over their allotment, they will be able to buy “allocations” or credits from other companies that have managed to produce fewer emissions. President Obama conservatively estimates that about $646 billion worth of carbon credits will be auctioned in the first seven years; one of his top economic aides speculates that the real number might be twice or even three times that amount.

The feature of this plan that has special appeal to speculators is that the “cap” on carbon will be continually lowered by the government, which means that carbon credits will become more and more scarce with each passing year. Which means that this is a brand new commodities market where the main commodity to be traded is guaranteed to rise in price over time. The volume of this new market will be upwards of a trillion dollars annually; for comparison’s sake, the annual combined revenues of all electricity suppliers in the U.S. total $320 billion.

Goldman wants this bill. The plan is (1) to get in on the ground floor of paradigmshifting legislation, (2) make sure that they’re the profitmaking slice of that paradigm and (3) make sure the slice is a big slice. Goldman started pushing hard for capandtrade long ago, but things really ramped up last year when the firm spent $3.5 million to lobby climate issues. (One of their lobbyists at the time was none other than Patterson, now Treasury chief of staff.) Back in 2005, when Hank Paulson was chief of Goldman, he personally helped author the bank’s environmental policy, a document that contains some surprising elements for a firm that in all other areas has been consistently opposed to any sort of government regulation. Paulson’s report argued that “voluntary action alone cannot solve the climatechange problem.” A few years later, the bank’s carbon chief, Ken Newcombe, insisted that capandtrade alone won’t be enough to fix the climate problem and called for further public investments in research and development. Which is convenient, considering that Goldman made early investments in wind power (it bought a subsidiary called Horizon Wind Energy), renewable diesel (it is an investor in a firm called Changing World Technologies) and solar power (it partnered with BP Solar), exactly the kind of deals that will prosper if the government forces energy producers to use cleaner energy. As Paulson said at the time, “We’re not making those investments to lose money.”

The bank owns a 10 percent stake in the Chicago Climate Exchange, where the carbon credits will be traded. Moreover, Goldman owns a minority stake in Blue Source LLC, a Utahbased firm that sells carbon credits of the type that will be in great demand if the bill passes. Nobel Prize winner Al Gore, who is intimately involved with the planning of cap-and-trade, started up a company called Generation Investment Management with three former bigwigs from Goldman Sachs Asset Management, David Blood, Mark Ferguson and Peter Harris. Their business? Investing in carbon offsets. There’s also a $500 million Green Growth Fund set up by a Goldmanite to invest in greentech … the list goes on and on. Goldman is ahead of the headlines again, just waiting for someone to make it rain in the right spot. Will this market be bigger than the energyfutures market?

“Oh, it’ll dwarf it,” says a former staffer on the House energy committee.

[Click to continue reading The Great American Bubble Machine : Rolling Stone]

Suspicious, indeed.

Satanic Gift

Why are we privatizing cap and trade and not just making a straight tax on carbon emission?

Instead of simply imposing a fixed government levy on carbon pollution and forcing unclean energy producers to pay for the mess they make, cap-and-trade will allow a small tribe of greedy-as-hell Wall Street swine to turn yet another commodities market into a private taxcollection scheme. This is worse than the bailout: It allows the bank to seize taxpayer money before it’s even collected.

“If it’s going to be a tax, I would prefer that Washington set the tax and collect it,” says Michael Masters, the hedgefund director who spoke out against oilfutures speculation. “But we’re saying that Wall Street can set the tax, and Wall Street can collect the tax. That’s the last thing in the world I want. It’s just asinine.”

EPA Fiddles while Neurotoxin In Our Food

Lovely

Keep away from children

One of the most comprehensive analyses yet of human exposure to PBDEs, or polybrominated diphenyl ethers, shows that the chemical — long used in everything from computers to sleeping bags — enters humans through their diets, not just their household.

“The more you eat, the more PBDEs you have in your serum,” said Alicia Fraser, an environmental health researcher at Boston University’s School of Public Health who headed the new study, published this month in Environmental Health Perspectives.

PBDEs are chemical cousins of polychlorinated biphenyls, or PCBs, which are known to cause birth defects and neurological impairments. PCBs were banned throughout the world by the mid-1970s, when PBDEs were gaining popularity as flame retardants. PBDEs were soon found in most plastic-containing household products.

By the late 1990s, trace amounts of PBDEs had been found in people all over the world, with the highest exposures measured in the United States. Researchers became nervous: Low doses caused neurological damage in laboratory animals, and the highest human PBDE levels were found in breast milk.

Whether PBDEs posed an immediate threat to humans was uncertain. Direct testing is unethical, and population-wide epidemiological studies are difficult to run. But there’s enough reason for concern that the European Union banned two of the three most common PBDE formulations in 2004.

The Environmental Protection Agency, which in January admitted that it lacked the ability to establish basic standards of chemical safety, has not followed suit, but three states — California, Washington and Maine — have banned PBDEs since 2007. Many manufacturers have either stopped or plan on stopping their use.

“They are persistent in the environment. They don’t get broken down. Therefore, it takes a really long time for the contamination to leave our environment and our bodies,” said Fraser. “Even though we don’t know the health effects at this point, most people would want policies that would stop us from being exposed to them.”

[Click to continue reading Potential Neurotoxin Could Be in Our Food | Wired Science | Wired.com]

I’m sure the plastic council has a different answer as to the toxicity of PBDEs, but they have zero credibility. If the EPA wasn’t such a corporate tool, they would have been actively removing PBDEs from our environment decades ago.

Data Dump

The real long term solution would be to adopt similar practices to the European model: prove that a chemical is harmless before it is allowed to be used. In the US, there have to be lawsuits and deaths1 before the EPA will even begin to study if a chemical is harmful. Years of litigation follow, yadda yadda. A system that totally and unequivocally favors chemical manufacturers in other words.

REACH requires all chemicals sold or used in Europe to be registered with the European Chemicals Agency. Manufacturers or distributors must supply the agency with the chemicals’ properties, materials safety data sheets (MSDSes), risk management guidelines, and safety measures for downstream users. Many hazardous chemicals (over 1,500 of them) will require permission from the European Commission to use; some chemicals will not be allowed at all. Consumers can also request (could be WWF, Greenpeace, or just person) chemical safety and environmental impact data from manufacturers. Perhaps most importantly, the government is not burdened with proving any chemicals are harmful, it falls to industry to test the toxicity of their chemicals, and the EU need only do monitoring and compliance-checking when they believe a company has submitted incomplete or bogus information. REACH covers all chemicals, both substances and mixtures, existing and new (new chemicals are less than 1% of market). It includes intentionally released chemicals (like inkjet ink) and non-intentionally released ones (like dye in jeans); anything that will have more than one metric ton per year produced or imported into Europe. It includes not only the chemicals a company makes, but all the chemicals contained in a product the company sells. It also includes chemicals used in manufacturing that don’t end up in products, if the manufacturing happens in Europe. Unfortunately the amount of time for questions was very limited, so I didn’t get to ask what they define as a “chemical”; I presume it’s any substance that isn’t elemental and requires processing to get out of the natural world.

[Click to continue reading Worldchanging: Bright Green: What Does REACH Mean For Products?]

The US EPA is just a sick joke. A joke that damages all of us.

The Environmental Protection Agency’s ability to assess toxic chemicals is as broken as the nation’s financial markets and needs a total overhaul, a congressional audit has found.

The Government Accountability Office has released a report saying the EPA lacks even basic information to say whether chemicals pose substantial health risks to the public. It says actions are needed to streamline and increase the transparency of the EPA’s registry of chemicals. And it calls for measures to enhance the agency’s ability to obtain health and safety information from the chemical industry.

Earlier in 2008, the Journal Sentinel revealed that the EPA’s Voluntary Children’s Chemical Evaluation Program, which relies on companies to provide information about the dangers of the chemicals they produce, is all but dead. And it disclosed that the agency’s program to screen chemicals that damage the endocrine system had failed to screen a single chemical more than 10 years after the program was launched.

[Click to continue reading EPA a failure on chemicals, audit finds – JSOnline]

No wonder so many EPA officials get jobs in the chemical industry after their EPA tenure is over.

Richard Wiles, executive director of Environmental Working Group:

“The EPA joins the hall of shame of failed government programs,” Wiles said.

The EPA is at high risk for waste, fraud, abuse and mismanagement and needs a broad-based transformation, the auditors found.

“The EPA lacks adequate scientific information on the toxicity of many chemicals that may be found in the environment – as well as on tens of thousands of chemicals used commercially in the United States,” the GAO report said. “EPA’s inadequate progress in assessing toxic chemicals significantly limits the agency’s ability to fulfill its mission of protecting human health and the environment.”

I haven’t been able to locate the GAO report yet, but did find this:

Since 1976, the EPA issued regulations to control only five existing chemicals determined to present an unreasonable risk. Its 1989 regulation phasing out most uses of asbestos was vacated by a federal appeals court in 1991 because it was not based on “substantial evidence.”

In contrast, the EU and a number of other countries banned asbestos, a known human carcinogen that can cause lung cancer and other diseases. The GAO previously recommended that Congress amend the TSCA to reduce the evidentiary burden the EPA

[Click to continue reading GAO: EPA Needs Stronger Authority to Improve Effectiveness of Toxic Substances Control Act]

Five substances in over 30 years? Yeesh, that’s pretty lame.

Footnotes:
  1. or at least lots of negative publicity []

Reading Around on July 18th

Some additional reading July 18th from 20:56 to 23:29:

  • Falling Off the Turnip Truck… – ” four heads of cabbage? Some of us fled the shtetl and crossed the North Atlantic precisely to avoid having to eat four heads of cabbage n a single week…”
  • Drug WarRant – Prosecutors Scared of the Constitution – Of course prosecutors are scared by this ruling. It makes their job harder and it also means that more drug cases might go to trial in the hope that they could get a dismissal if the prosecutor can’t produce the analyst. The only way prosecutors manage the huge load of drug cases is to see to it that only 5% go to trial (through piling on charges to make the plea deal attractive in comparison to the alternative). If more drug cases go to trial, the whole system falls apart, particularly in a time when more money for courts is unlikely to be found.

    And the system is corrupt. This Supreme Court ruling merely states that the prosecutors and judges must do their job as specified in the Constitution. If they can’t handle it, then maybe we’ll finally take a look at why we’re prosecuting so many people.

  • heroin
  • From Israel to the N.B.A., Missing the Hummus – NYTimes.com – The first Israeli in the N.B.A., Omri Casspi, is busily trying to adapt to life in the United States.

    For starters, he needs a cellphone with a local number. He just received a $4,500 bill for about two weeks of calls, which is expensive even by N.B.A. standards. He needs new chargers for all his gadgets. But he is struggling most to find comfort food.

    “Hummus,” Casspi said, with a hard h and a long u, stressing the first syllable in a way that conveyed utter seriousness. “You don’t have that here, though.”

Supreme Court Ruling Requires Lab Analyst Testimony

Confronted by one’s accuser? What a novel concept. District Attorneys would rather not have to work so hard.

Neon - NH Ballin Drugs Prescriptions

nationwide, thousands of drug cases might have to be thrown out of court annually.

Legal experts and prosecutors are concerned about the results of last month’s U.S. Supreme Court ruling that requires lab analysts to be in court to testify about their tests. Lab sheets that identify a substance as a narcotic or breath-test printouts describing a suspect’s blood-alcohol level are no longer sufficient evidence, the court ruled. A person must be in court to talk about the test results.

The opinion, written by Justice Antonin Scalia, has prosecutors and judges shaking their heads in disgust and defense lawyers nodding with satisfaction at the notion that the Constitution’s Sixth Amendment guarantee that defendants “shall enjoy the right . . . to be confronted with the witnesses against him” is not satisfied by a sheet of paper.

“This is the biggest case for the defense since Miranda,” said Fairfax defense lawyer Paul L. McGlone, referring to the Supreme Court ruling that required police to inform defendants of their Fifth Amendment right against self-incrimination. He said judges “are no longer going to assume certain facts are true without requiring the prosecution to actually put on their evidence.”

[Click to continue reading Supreme Court Ruling Requiring Lab Analyst Testimony Worries Prosecutors – washingtonpost.com]

A large percentage of the drug offenses would be dismissed outright without the leverage of a lab analyst’s report. There aren’t enough lab analysts to appear in court for all the cases that are brought – the Drug War churns more victims in its thresher than the anti-drug bureaucracy can handle.

States and counties across the country handle evidence differently, so the problems caused by the ruling vary widely. But many jurisdictions have a similar issue: Crime labs that test drug and DNA samples face huge backlogs even when scientists and analysts do not have to testify. If the workers are taken out of the labs to appear in court, those backlogs will grow.

In drug cases, more than 1.5 million samples are analyzed by state and local labs each year, resulting in more than 350,000 felony convictions, national statistics show. “Even if only 5 percent of drug cases culminate in trials, the burden on the states is oppressive,” a group of state attorneys general wrote in a brief for the case.

The percentage of cases going to trial could well go up if defense lawyers think that bringing lab analysts to court will help their cases. Lawyers also could go to trial with the hope of a dismissal if the analyst cannot be there.

Perhaps reducing the amount of arrests of simple drug possession would be an answer to this overloading of the court system.

[via Pete Guither]

Clear-cutting Tongass National Forest is a crime

Quite disappointed that the Obama administration gave the green-light to Orion North. If Bush was president, I’d understand, but expected better from Obama. When a forest is gone, it doesn’t come back.

Tongass National Forest Alaska
[Tongass National Forest Alaska]

The U.S. Forest Service agreed Monday to sell timber to a Ketchikan mill in a roadless area of the Tongass National Forest after the Obama administration’s approved the sale.

Orion North timber sale is the first such awarded since Secretary of Agriculture Tom Vilsack announced in May he would personally review all timber sales in roadless areas of national forests in the next year.

He’s doing that while the Obama administration takes some time to review the Clinton-era Roadless Area Conservation Rule, which banned road-building on about 58 million acres of national forest land nationwide but has been challenged since it was issued.

Pacific Log and Lumber, the Ketchikan mill, won the contract to clear-cut 4.4 million board-feet of timber – a relatively small sale – with the option of cutting another 2.4 million board-feet if it’s economical. The Ketchikan-area sale is on Revillagigedo Island in an area that borders Misty Fjords National Monument.

“Just building the road will cost four times as much revenue as the Forest Service is going to get from the timber sale,” said [Tom] Waldo of Earthjustice.

[Click to continue reading Ketchikan mill is awarded Orion North timber – Juneau Empire]

Rain Forest Path - Alaska
[Rain Forest Path, Tongass National Forest]

I’ve briefly been inside the Tongass National Forest, and it is a beautiful, almost magical place. The logging industry should grow their own damn trees on land they own, and stop mooching off of National Forests.

Federal Building 1936
[Federal Building, Ketchikan]

Tongass National Forest Alaska
[Tongass National Forest]

The logging industry depends upon corporate welfare for their profits, and it isn’t viable anymore. Either they need to change their business model, or go bankrupt, and let more forward-thinking companies take their place.

American taxpayers have not only watched as the Tongass has been picked apart by road building and logging, they’ve paid for the privilege. The tab extends beyond $750 million over 20 years. In a single year alone, the Forest Service spent $36 million on the Tongass timber program and got back in revenues only $1 million. Subsidies for logging roads account for nearly half of timber program costs annually.

[Click to continue reading The Wilderness Society]

$36,000,000 on hand-outs, receiving $1,000,000 back. Not good, not good at all.

Amazon pulls a 1984 on its Kindle clients


“Amazon Kindle Leather Cover (fits 2nd Generation Kindle)” (Amazon.com)

Sounds like an April Fools joke, but it isn’t.

This morning, hundreds of Amazon Kindle owners awoke to discover that books by a certain famous author had mysteriously disappeared from their e-book readers. These were books that they had bought and paid for—thought they owned.

But no, apparently the publisher changed its mind about offering an electronic edition, and apparently Amazon, whose business lives and dies by publisher happiness, caved. It electronically deleted all books by this author from people’s Kindles and credited their accounts for the price.

As one of my readers noted, it’s like Barnes & Noble sneaking into our homes in the middle of the night, taking some books that we’ve been reading off our nightstands, and leaving us a check on the coffee table.

You want to know the best part? The juicy, plump, dripping irony?

The author who was the victim of this Big Brotherish plot was none other than George Orwell. And the books were “1984” and “Animal Farm.”

[Click to continue reading Some E-Books Are More Equal Than Others – Pogue’s Posts Blog – NYTimes.com]

This is a really really compelling reason to avoid purchasing a Kindle, no?

In George Orwell’s “1984,” government censors erase all traces of news articles embarrassing to Big Brother by sending them down an incineration chute called the “memory hole.”

On Friday, it was “1984” and another Orwell book, “Animal Farm,” that were dropped down the memory hole — by Amazon.com.

In a move that angered customers and generated waves of online pique, Amazon remotely deleted some digital editions of the books from the Kindle devices of readers who had bought them.

An Amazon spokesman, Drew Herdener, said in an e-mail message that the books were added to the Kindle store by a company that did not have rights to them, using a self-service function. “When we were notified of this by the rights holder, we removed the illegal copies from our systems and from customers’ devices, and refunded customers,” he said.

[Click to continue reading Amazon Erases Orwell Books From Kindle Devices – NYTimes.com]

I don’t see how this can be covered in PR pixie-dust. Amazon is going to be the butt of a lot of jokes for a long time. Sneaking in and deleting 1984 of all books? Seems like there could have been a less obnoxious way to handle this, perhaps a note to those Kindle owners who had downloaded 1984? a coupon? Something, not just zapped down the memory hole…

We almost bought a Kindle a few months ago, thinking it might be a way to subscribe to periodicals without all the paper waste, no longer would we consider it. Annotating articles is a work-product, and Amazon could just remove it without asking.

Amazon’s published terms of service agreement for the Kindle does not appear to give the company the right to delete purchases after they have been made. It says Amazon grants customers the right to keep a “permanent copy of the applicable digital content.”

Retailers of physical goods cannot, of course, force their way into a customer’s home to take back a purchase, no matter how bootlegged it turns out to be. Yet Amazon appears to maintain a unique tether to the digital content it sells for the Kindle.

Justin Gawronski, a 17-year-old from the Detroit area, was reading “1984” on his Kindle for a summer assignment and lost all his notes and annotations when the file vanished. “They didn’t just take a book back, they stole my work,” he said.

Amazon hasn’t changed the wording of their terms of service, yet

Use of Digital Content. Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device or as authorized by Amazon as part of the Service and solely for your personal, non-commercial use. Digital Content will be deemed licensed to you by Amazon under this Agreement unless otherwise expressly provided by Amazon.

[Click to continue reading Amazon.com: Help > Digital Products Help > Amazon Kindle Wireless Reading Device > Amazon Kindle Terms, Warranties, & Notices > License Agreement and Terms of Use]