Gerry Canavan

the smartest kid on earth

Posts Tagged ‘the law

Tuesday Morning!

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The most important finding is that family formation negatively affects women’s, but not men’s, academic careers. For men, having children is a career advantage; for women, it is a career killer. And women who do advance through the faculty ranks do so at a high price. They are far less likely to be married with children. We see more women in visible positions like presidents of Ivy League colleges, but we also see many more women who are married with children working in the growing base of part-time and adjunct faculty, the “second tier,” which is now the fastest growing sector of academia. Unfortunately, more women Ph.Ds. has meant more cheap labor. And this cheap labor threatens to displace the venerable tenure track system.

N.Y.U. Gives Its Stars Loans for Summer Homes.

The US government has finally released the names of 46 men being held in Guantánamo under the classification of “indefinite detainees” – terror suspects deemed too dangerous to release or move yet impossible to try in a civilian or even military court for reasons of inadequate or tainted evidence.

Bank of America whistle-blower’s bombshell: “We were told to lie.” Gasp!

* SCOTUSwatch: Win one, lose one.

The lasting effects of the Vietnam draft lottery.

Vulnerability to the draft induced by the 1969 lottery not only structured attitudes toward the Vietnam War, but also provoked a cascade of changes in basic partisan, ideological, and issue attitudes. The breadth, magnitude, and, in some respects, persistence of these attitudinal changes illustrates how powerful self-interest can become when public policies directly touch our lives.

It seems to suggest how fundamentally arbitrary political attitudes are, however much we think we’re thinking things through rationally and proceeding by careful analysis of the facts.

* Science proves the humanities aren’t worthless!

* I thought Evan’s writeup on Mad Men was really great this week. Almost makes this season’s excruciating focus on Don’s mother issues seem interesting.

* Jesus wept: Vice re-creates female authors’ suicides for maximum trolling. Don’t even bother clicking, it’s absolutely as dumb as advertised.

* And just how much damage did Superman and Zod do to Metropolis?

Monday Morning Links

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* The baby from Salt of the Earth works at Wal-Mart.

Some 74 percent of professors aged 49-67 plan to delay retirement past age 65 or never retire at all, according to a new Fidelity Investments study of higher education faculty. While 69 percent of those surveyed cited financial concerns, an even higher percentage of professors said love of their careers factored into their decision.

“Studies show that about 30 percent of the cost increases in higher education over the past twenty-five years have been the result of administrative growth,” Ginsberg noted. He suggested that MOOA can reverse this spending growth.  “Currently, hundreds, even thousands, of vice provosts and assistant deans attend the same meetings and undertake the same activities on campuses around the U.S. every day,” he said.  “Imagine the cost savings if one vice provost could make these decisions for hundreds of campuses.”

Our great, global cities are turning into vast gated citadels where the elite reproduces itself.

Philadelphia Closes 23 Schools, Lays Off Thousands, Builds Huge Prison.

The conclusions are inescapable: In our zeal to dehumanize criminals we have allowed our prisons to become medieval places of unspeakable cruelty so far beyond constitutional norms that they are barely recognizable.

* Life for a 31-year-old after fifteen years in jail.

These Photos Of NYC’s Subway Project Are Astonishing.

* I think I’ve done this one before, but hey, it’s summertime: 30 Beautiful Abandoned Places.

GPS maps reveal where cats go all day.

Six Fairy Tales for the Modern Woman,

* Imagine there’s no bees.

* And David Simon comes to his senses. UPDATE: Nope. See comments.

Thursday Links

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Wednesday Links: Cold War Modern Art, The Cutest Kitties, and More

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* Modern art as weapon in the Cold War. And they say the humanities are worthless!

Why did the CIA support them? Because in the propaganda war with the Soviet Union, this new artistic movement could be held up as proof of the creativity, the intellectual freedom, and the cultural power of the US. Russian art, strapped into the communist ideological straitjacket, could not compete.

We can’t buy this kind of motivation from the market. No tool or program can spark it. And the elites at the top of the current educational heap—who advanced their careers while the educational culture declined—have no clue.

* Judge rules that Fox Searchlight should have paid its interns. Fox today, literally every other media and publishing outfit in the country tomorrow…

* A judge responded to an assault victim by demanding sex in exchange for ‘legal favors’ in her divorce. She filed a complaint, and he sent cops to plant meth in her car. It’s the most atrocious abuse of power since this other story that was also published today.

400248_549785844060_145900243_31161285_715128554_n-1* Imagining a Balkanized US.

* Former White House Chief of Staff mulling run for Illinois governor on bleed-the-teachers platform. You know, for the children.

* Meanwhile, from our governor: Scott Walker Endorses Mandating Transvaginal Ultrasounds And Shutting Down Abortion Clinics.

* Chinese century watch: Nicaragua gives Chinese firm contract to build alternative to Panama Canal.

Massive ‘derecho’ storm poised to strike southern Wisconsin.

Pipe break at Oak Ridge nuclear weapons plant kills 8,000 small fish.

* Man of Steel sounds pretty middling, alas. And no after-credits sequence? Outrageous.

* And Saturday Morning Breakfast Cereal simplifies the Voight-Kampff test.

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President Constitutional Law Professor

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The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America’s largest telecoms providers, under a top secret court order issued in April.

The order, a copy of which has been obtained by the Guardian, requires Verizon on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries. But don’t worry!

An expert in this aspect of the law said Wednesday night that the order appears to be a routine renewal of a similar order first issued by the same court in 2006. The expert, who spoke on the condition of anonymity to discuss sensitive issues, said that the order is reissued routinely every 90 days and that it is not related to any particular investigation by the FBI or any other agency.

More at MetaFilter.

Illegal Executions Also Arbitrary, Capricious

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Written by gerrycanavan

June 5, 2013 at 7:34 pm

A Few Friday Night Links

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* Tarheel Summer? Roughly 600 people gathered outside the Legislative Building in Raleigh on Monday as part of a growing wave of protests called Moral Mondays, which have now led to 153 arrests over four weeks.

* DIA’s art collection could face sell-off to satisfy Detroit’s creditors.

* Harvard Professors Call for Greater Oversight of MOOCs.

* Immigration-related offenses are now the leading type of federal prosecution, constituting more than 40% of cases compared with 22% for drug crimes, according to federal crime data.

Study: Anxiety Resolved By Thinking About It Real Hard.

* And for his 72nd birthday, a map of every street, town, and city Dylan has ever sung about.

Tuesday!

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Except as Punishment for a Crime

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In the 1880s, Alabama, North Carolina, and Florida passed laws making it a crime for a black man to change employers without permission. It was a crime for a black man to speak loudly in the company of a white woman, a crime to have a gun in his pocket, and a crime to sell the proceeds of his farm to anyone other than the man he rented land from. It was a crime to walk beside a railroad line, a crime to fail to yield a sidewalk to white people, a crime to sit among whites on a train, and it was most certainly a crime to engage in sexual relations with—or, God forbid, to show true love and affection for—a white girl.

And that’s how it happened. Within a few years of the passage of these laws, tens of thousands of black men and boys, and a smaller number of black women, were being arrested and sold into forced labor camps by state officials, local judges, and sheriffs. During this time, some actual criminals were sold into slavery, and a small percentage of them were white. But the vast majority were black men accused of trivial or trumped-up crimes. Compelling evidence indicates that huge numbers had in fact committed no offense whatsoever. As the system grew, countless white farmers and businessmen jostled to “lease” as many black “criminals” as they could. Soon, huge numbers of other African Americans were simply being kidnapped and sold into slavery.

The forced labor camps they found themselves in were islands of squalor and brutality. Thousands died of disease, malnourishment, and abuse. Mortality rates in some years exceeded 40 percent. At the same time, this new slavery trade generated millions of dollars for state and local governments—for many years it was the single largest source of income for the state of Alabama. As these laws and practices expanded across the South, they became the primary means to terrorize African Americans, and to coerce them into going along with other exploitative labor arrangements, like sharecropping, that are more familiar to twenty-first-century Americans.

The South’s Shocking Hidden History: Thousands of Blacks Forced Into Slavery Until WW2.

Written by gerrycanavan

May 18, 2013 at 8:09 pm

Just a Few Monday Links

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* Sarah Kendzior and Rebecca Schuman tee up for the grad-school-backlash-backlash-backlash-honestly-I’ve-lost-count. As always, I’m very glad people are talking about exploitation, but nonetheless the unvarnished, apocalyptic negativity of some of these pieces just doesn’t reflect my own experiences in the academy very well at all. Academia contains multitudes; that’s actually a huge part of the problem.

CEO Pay 1,795-to-1 Multiple of Wages Skirts U.S. Law. Of course, the “law” being skirted is a toothless disclosure requirement, so don’t even sweat it.

* Brave director slams Disney’s sexy Merida makeover.

* Yglesias wept: Bangladesh to allow unions for garment workers.

* The Los Angeles Review of Books explains the Church of Scientology.

Wright proposes that the central document to understanding Hubbard’s psyche is his so-called “secret memoir,” composed around 1947, otherwise referred to as Hubbard’s “Affirmations” or “Admissions.” The document itself has an interesting history: it was found by a former archivist for the Church of Scientology, Gerald Armstrong, who had been tasked with organizing the founder’s personal papers. The more Armstrong read, the less he believed. Convinced that Hubbard was a huckster, Armstrong copied the documents that he discovered in the archives and delivered them to his lawyer. He was thereafter sued by the Church of Scientology. During the trial, Armstrong tried to get on record portions of Hubbard’s “Affirmations,” under the vehement protests of the Church’s lawyers. Since then, the document has leaked to the internet. Among Hubbard’s Affirmations:

“I can write.”

“My mind is still brilliant.”

“That masturbation was no sin or crime.”

“That I do not need to have ulcers any more.”

“That I believe in my gods and spiritual things.”

“That my magical work is powerful and effective.”

“That the numbers 7, 25, and 16 are not unlucky or evil for me.”

“That I am not bad to look upon.”

“That I am not susceptible to colds.”

“That these words and commands are like fire and will sear themselves into every corner of my being, making me happy and well and confident forever!”

Hubbard emerges, in Wright’s account, as a pitiable figure, driven by relentless ambition yet also stalked by an enduring fear of irrelevance. Flawed, prone to tyranny and abusive behavior, he sought to conquer his insecurities by achieving an outsized grandeur. “If one looks behind the Affirmations to the conditions they are meant to correct,” Wright concludes, “one sees a man who is ashamed of his tendency to fabricate personal stories, who is conflicted about his sexual needs, and who worries about his mortality. He has a predatory view of women but at the same time fears their power to humiliate him.”

* Austerity comes to CTU: the new 24 will only have twelve episodes.

* The first trailer for Joss Whedon’s Agents of S.H.I.E.L.D. seems to tease Luke Cage.

* And xkcd covers birds and dinosaurs.

Weekend Links

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My proposed Coursera course will ask students to discover for themselves how and why John Doerr, and your other Venture Capitalists, are willing to provide an even greater abundance of knowledge in the service of greater economic and social equality than is the State of California, which clearly has the means to spend much more than it has cost your company to reach a worldwide enrollment in the millions. As the course progresses, my more diligent students will come to see, however, that reducing income gaps through education is not the main problem that Coursera and other Massive Open Online Course (MOOC) providers are trying to solve in their pitch to investors. That problem is, rather, how and when to price the content that you are now giving away in your current (pre-public offering) phase of development.

* Mike Konczal on a universal basic income.

“We are the people who live in the rivers where you want to build dams. We are the Munduruku, Juruna, Kayapó, Xipaya, Kuruaya, Asurini, Parakanã, Arara, fishermen and peoples who live in riverine communities. We are Amazonian peoples and we want the forest to stand. We are Brazilians. The river and the forest are our supermarket. Our ancestors are older than Jesus Christ.”

Former Leader of Guatemala Is Guilty of Genocide Against Mayan Group.

Brezhnev-style capitalism.

Neoliberalism was a political system in which the world was put to the test in some way, it was simply that the tests employed were those which privileged price and entrepreneurial energy. I don’t want to defend this form of testing, which is often cynical, bullying and depressingly unsympathetic to other valuation systems. But there was often some consistency about it and the capacity for an unexpected outcome (for instance, that local economic diversity might be revealed to be more fiscally efficient). Look at Westfield today, however, and you see an economic culture being repeated, without any sincere sense that this represents ‘choice’, ‘efficiency’ or ‘regeneration’, nor any sense that things might have turned out differently even if this had been known. The point becomes to name this as ‘efficient’ and that (e.g. Peckham Rye Lane) as ‘inefficient’, and try and avoid or suppress evidence to the contrary. The fear arises that provable efficiency might involve abandoning one set of power structures in favour of another. And so economics becomes a naming ceremony, not a test.

“Why do we have all this money to go after man-made terrorist attacks, and then we let our bridges fall down?” Flynn wonders.

* The New York Times covers the catastrophic failure of leadership at Cooper Union.

* Everything you want in the worst possible way: Not-Quite-Community renewed for a fifth season.

* Aaron Swartz Was Right.

The problem, as many mathematicians were discovering when they flocked to Mochizuki’s website, was that the proof was impossible to read. The first paper, entitled “Inter-universal Teichmuller Theory I: Construction of Hodge Theaters,” starts out by stating that the goal is “to establish an arithmetic version of Teichmuller theory for number fields equipped with an elliptic curve…by applying the theory of semi-graphs of anabelioids, Frobenioids, the etale theta function, and log-shells.” This is not just gibberish to the average layman. It was gibberish to the math community as well.

Law would stop Tesla electric car sales in NC.

* Morale crisis in Americans nuclear forces?

Flying car crashes near school in Vernon, B.C.

* Julian Assange explains the coming super-surveillance state.

* Nearly 800 children under 14 were killed in gun accidents from 1999 to 2010, according to the Centers for Disease Control and Prevention. Nearly one in five injury-related deaths in children and adolescents involve firearms.

* The New York Times profiles Dr. David A. Patterson.

His American name is David A. Patterson, his Cherokee name Adelv unegv Waya, or Silver Wolf. He is a tenure-track assistant professor at the George Warren Brown School of Social Work at Washington University in St. Louis. His groundbreaking research on the pitfalls facing Native Americans is both informed and inspired by his own story of deliverance.

* And the L.A. Times profiles Elizabeth Warren.

Wednesday Morning

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spxdrop* The wisdom of markets: hacked @AP Twitter account sends Dow Jones Industrial Average tumbling 150 points in a few seconds.

* Handy charts reveal why you’ve never heard of most female SF authors.

* Florida approves online-only public university education.

* Graduate school and the peak-end heuristic. It’s a thing!

* The retirement scam.

* First lawsuits files in the West, Texas, fertilizer plant explosion.

* Reports trickling out about police interviews with Dzhokhar Tsarnaev.

* And the ricin case gets weirder and weirder.

* Bad news, Game of Thrones fans: You are mispronouncing Daenerys’s honorific, Khaleesi.

Peterson, who has a masters in linguistics from the University of California–San Diego and founded the Language Creation Society, spent twelve to fourteen hours a day, every day, for two months working on the proposal that landed him the Thrones job. When he was finished, he had more than 300 pages of vocabulary and notes detailing how the Dothraki language would sound and function. “The application process favored those of us who were unemployed at the time, which I was,” Peterson laughed.

* Cooper Union Trustees Vote to Impose $19,000 Tuition.

* Chicago Sun-Times begs students not to participate in standardized-testing boycott.

* A Conversation with a Single Mom Living on $40,000 a Year.

* School Principal Discouraged Teen Girl from Reporting Sexual Assault Because It Would Ruin Attacker’s Basketball Career. I mean really.

* And a little something for the whatthefuckaricans out there: Marc Maron…IN SPACE.

All the Monday Links (A Ton)

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* You can read my review of Dan Hassler-Forest’s Capitalist Superheroes (“No Dads: Cuckolds, Dead Fathers, and Capitalist Superheroes“) as the free preview for the Los Angeles Review of Books Digital Edition on Science Fiction.

“We have been dismayed by news reports of a handful of colleges and universities that have threatened to cut the courseloads of part-time faculty members specifically in order to evade this provision of the law,” a statement from the American Association of University Professors reads. “Such actions are reprehensible, penalizing part-time faculty members both by depriving them access to affordable health care as intended by law and by reducing their income.” More at the Chronicle.

18th-Century Connecticutian or Muppet?

Film School Thesis Statement Generator. This is uncannily good.

Mad Men calls into question the post-war crisis of masculinity through its strategic use of narrative ellipses.

* The people vs. Dzhokhar Tsarnaev.

Cathy Davidson explains why she’s teaching a MOOC. Since I know Cathy (a little) and feel bad about disagreeing so absolutely completely with her, I’ll just leave it there.

Socialism, not capitalism, will get kids out of the mines and away from the drive-through window. And we can’t create that future until we stop the present. Gavin Mueller vs. the machines, in Jacobin‘s special issue on work and automation.

It is insufficient to respond by pointing to productivity gains to justify automation — that’s a management trick. Automation’s prime function is to destroy the ability of workers to control the pace of work. The results are bloody. As Dan Georgakas and Marvin Surkin document in Detroit, I Do Mind Dying, while management attributed productivity gains in the auto industry to automation, black workers credited “niggermation”: the practice of forcing them to work at high speeds on dangerous machinery.

Such shocking terminology underscores a crucial truth. Robots weren’t responsible for those cars; rather, it was brutalized black bodies. A 1973 study estimated that sixty-five auto workers died per day from work-related injuries, a higher casualty rate than that of American soldiers in Vietnam. Those who survived often suffered from post-traumatic stress disorder. This bloodbath is directly attributable to the disempowering effects of automation. Had workers retained control, they wouldn’t have worked at such a deadly pace.

Life on Mars to become a reality in 2023, Dutch firm claims.

AIDS ‘Patient Zero’ was a publicity strategy, scholar writes.

* How damaged are NFL players’ brains?

* Violence, mournability, and West, Texas.

* Movies in Color, The Color Palettes of Stills from Famous Films. More links below Stevesie.

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Can slaughterhouses be humane?

* Bad news, everyone.

* Four college coeds dream of trading their rote lecture halls and cinderblock dorms—is this a for-profit university?—for the debauchery of Florida spring break. Standing between them and their escape is a shortage of ready cash. Lacking alternatives like Mastercards, they solve their liquidity crisis by knocking over a local fried chicken joint. Most jarring in these opening moments is not the violence of the robbery, but the obviously incredible possibility that four college students in the United States lack access to easy credit. After all, what is a student today without the potential for indebtedness? “High as Finance,” from The New Inquiry‘s critical supplement on Spring Breakers.

Gunfire Erupts at Denver Pro-Marijuana 4/20 Celebrations, Injuring Three. Gunman Sought After Shootout at Nuclear Power Plant in Tennessee.

* Spoiler alert: They’re going to overfish the Arctic till it dies.

* Graeber vs. austerity.

* The headline reads, “China Wants to Ban Superstition, Mandate Science.”

* Disney said no to Iron Man 3: Demon in a Bottle. The fools.

Despite allegations that he knew about a rape and tried to protect his players who committed it, despite widespread criticism that he didn’t punish his team enough and that he should be fired, and despite a grand jury that could charge him looming next week, the powerful Steubenville High football coach Reno Saccocia has been approved for a two-year administrative contract, the city superintendent confirmed to The Atlantic Wire Monday afternoon.

* Presenting the Calvin and Hobbes app.

* And “university professor” is only the 14th best job in the country. Damn you, actuaries!

Some Thoughts on Miranda

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I wound up indulging my academic gene after all with a long conversation on Twitter this morning about Miranda rights (Storified here). Distilling this to just a few key points:

* The Miranda warning is a fairly idiosyncratic (and relatively recent) feature of American jurisprudence. It is not by itself determinative of the absolute fairness or unfairness of a criminal proceeding.

* The Miranda warning concerns only the suspect’s post-arrest utterances, which by all accounts the prosecutors in this case would not need to secure a conviction. They claim, after all, to have photographic evidence of the bombs being planted.

* A brief “public safety” exemption to the Miranda warning is a lawful and long-standing procedure that is rationally applied to the circumstances of this case. It should be over (very) soon, but it’s not by itself illegitimate.

* The Miranda warning, in general, is a good thing, but not as good as it sounds; the primary effect of the Miranda warning is to legitimate police attempts to get you to surrender these rights through coercion or deceit. As I was putting it on Twitter earlier:

* Most crucially, there is a zero percent chance that a guilty Dzhokhar Tsarnaev would somehow escape punishment on the basis of a legal technicality. No court — much less the Supreme Court — would ever allow that outcome. What would happen instead is that a sufficiently large exemption to Miranda would be discovered to allow a conviction to stand. Again, as I was putting it on Twitter:

That’s why from my perspective the big issue is not Miranda, it’s presentment. Right now Tsaraev is still within the scope of the normal criminal justice system, as he should be. The bad outcome here is not his being denied a Miranda warning; it’s him not being allowed any trial at all.

More (not always agreeing with the above) from Orin Kerr, Scott Lemieux, Emily Bazelon, Freddie deBoer, and Glenn Greenwald.

Written by gerrycanavan

April 20, 2013 at 1:28 pm

Guantánamo Today, Guantánamo Tomorrow, Guantánamo Forever

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Written by gerrycanavan

April 14, 2013 at 10:28 pm

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