Monthly Archives: July 2008

John Flood’s Blog Tease

Talk about teasing the reader! John Flood's Random Academic Thoughts (RATs): From Budapest: 38th World Congress of IIS (edit: Santana):

At another time I will explain why Santana was actually one of the most formative experiences that convinced me law was a subject worth studying. I was in Morocco when I had this conversion.

Inquiring minds want to know.

Posted in Blogs | 1 Comment

200 Days To Go

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Posted in Politics: US | 2 Comments

Gov. Crist Gets Engaged

Flablog has the rundown on Florida Governor Charlie Crist's engagement to one Carole Rome, described as an MBA, with experience working as an auditor and as a realtor, at Shall I never see a bachelor of threescore again? including many people asking the obvious question.

It's hard not to be cynical about the sudden engagement of a man whose primary obstacle to the Republican Vice-Presidential nomination are the rumors that he's gay. It seems not everyone has been able to control their snark and just wish our Governor joy in his engagement, no doubt in large part to his unbroken series of convenient publicized serious girlfriends before each of his recent election campaigns.

Actually, what struck me most about this story was that the Governor wasn't, as I though, a life-long bachelor. Our “bachelor Governor” is actually a divorcee!

Sayth the Herald [which oddly didn't even put the story on it's front page, what's with that?],

It will be the second marriage for Crist and Rome. Crist was married for six months after college to Amanda Morrow and then divorced in 1980.

Rome was married to Todd Rome of New York, CEO of Blue Star Jets, until 2006.

As far as I can tell, no reporter seems to have spoken to Ms. Morrow in any of Crist's recent campaigns. (Although one very unpleasant blogger did track down a recent picture of her.)

All I could find was a dubious web page with this, sourced to Adam C. Smith and Joni James, St. Petersburg Times (June 21, 2006),

While in law school, Crist married Amanda Morrow in Delray Beach. The 1979 marriage lasted a little more than six months. They divorced in January 1980. “We dated at Florida State for a couple of years, got married. I was pretty young. It just didn't work out,'' said Crist, who has never talked much about the marriage and had little to say about it.

The brevity of his marriage, and the fact that Crist has never had kids, has prompted whispers about his sexuality and questions about his ability to relate to most voters.

“I don't like to argue and we did some of that. But that's really all I have to say,'' said Crist, who has not kept in touch with his former wife.

Although he displayed relatively few signs of humanity in public life during his pre-Gubernatorial career as “Chain Gang Charlie” Crist (and even looking beyond his about-face on offshore drilling), Crist has been a more reasonable and centrist Governor than I would have expected.

Admittedly, expectations were low for a man who promised to be a Jeb Bush clone. But it was a promise he didn't keep. And in public appearances Crist acts like a likable human being in ways that if they are scripted would suggest a super-human acting ability, one so great as to suggest a certain fitness for higher office.

Yes, the state budget is going to hell in hand basket, and Crist's future may be going with it, so he has to be praying for national recognition now, before it's too late. But even so.

Maybe, even despite the campaign history, even despite the promise of a Fall (campaign season?) wedding, we should give the Governor the benefit of the doubt on this one until and unless there's an actual fact to point to?

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Friday McBush Bashing

Posted in Politics: McCain | Comments Off on Friday McBush Bashing

Interviewed on the Viacom v. Google Discovery Decision

I was interviewed today for this afternoon's edition of Marketplace; of course you never know if they'll use it or not.

The topic was the strange — and to my mind wrongly decided — decision ordering massive disclosure of user YouTube video-viewing records in Viacom v. Google. For a very good explanation of most of the problems with the decision see EFF's Kurt Opsahl's discussion at Court Ruling Will Expose Viewing Habits of YouTube Users.

Based on the cursory discussion in the decision, I don't think the Judge read the Video Privacy Protection Act (aka “the Bork Bill”) right.

The decision is, if anything, worse than Opsahl says, in that the court also orders disclosure of information relating to “private” videos — videos marked for limited distribution — including the title and information about who uploaded them. While it may be the case that some of these videos are trying to share copyright protected materials under the radar, it is undoubtedly the case that many of these videos are (1) truly private and of very limited distribution and (2) the author would be identifiable from the associated information ordered to be disclosed. (The order also is opaque as to what sort of precautions if any Viacom would be required to take to prevent leakage of this data.)

There are some procedural obstacles to getting an immediate interlocutory appeal of this decision, but assuming they can be surmounted I think there's a strong chance of reversal before the 2nd Circuit.

This is only one of the first in what is sure to be a long series of fishing expeditions in the increasingly elaborate databases being created about our online behavior. It will get worse once our ISPs start tracking our every move in order, they will say, to better advertise to us. Video viewing records have the peculiar advantage of being protected by an unusually powerful statute, the so-called 'Bork Bill'. Many other records won't have that (although some will have ECPA), and that is an issue which needs urgent attention.

Posted in Law: Privacy | 3 Comments

La Disparition

This is a cute idea: Barack Obama Bumper Stickers! — a different one, the site promises, for each of the 50 states.

Only, the actual list of states is missing Florida:

States So Far:AL, AK AZ, CA, KS, LA, MO, NE, NV, NH, NM, OH, OK, SD, TX, VA, WA, WI.

States To Go: AR, CO, CT, DE, GL, GA, HI, ID, IL, IN, IA, KY, ME, MD, MA, MI, MN, MS, MT, ND, NJ, NY, NC, OR, PA, RI, SC, SD, TN, UT, VT, WV, WY.

Posted in Politics: US: 2008 Elections | 3 Comments