Gerry Canavan

the smartest kid on earth

Posts Tagged ‘4th Amendment

Weekend Links!

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* Call for applications: 2014—15 Le Guin Feminist Science Fiction Fellowship.

* So Paul Di Filippo really liked Green Planets.

* Receive this petition in nomination of three candidates for MLA Executive Council and one for 2nd Vice President.

* Explaining Tuition Hikes at the University of Michigan. Construction Not Instruction: Bonds and Buildings at the Public University. 5 Links Between Higher Education and the Prison Industry.

And this is the pattern with austerity. The measures introduced under the rubric of an emergency, the supposed need to consolidate debt and appease “the market,” ultimately do little for the debt, and only consolidate the market’s tyrannical reach.

* On trigger warnings and who gets to count.

Journey to the Centre of Google Earth.

* I was born too early.

The Lion King: A short history of Disney-fascism.

But the emotional trauma that Disney tries its damnedest to induce in young children is only the spadework for the ugly principles it feels it must implant in each new generation. Although the film takes place in an imaginary jungle, THE LION KING really expounds the Law of the Schoolyard: only the strong and the beautiful triumph, and the powerless survive only by serving the strong. As Disney sees it, children must not only acknowledge the supremacy of those born privileged and violent, the children must love them. The young must gaze in hushed veneration at the princely predators who stand ready to harvest the labor and flesh of their subjects. They must learn to giggle at the hopeless scampering of weak and stubby creatures as they dodge the jaws of their overlords. They must accept that true friendship means flattering those who would otherwise feast on their entrails.

DaysOver95-MJ* Climate denialism and the Outer Banks. These time-lapse maps show how much hotter the USA will be when you’re old.

Why Did Borges Hate Soccer?

Was the U.S. Robbed Against Portugal? It Depends on What Time Means.

* You got your class-based analysis in my intersectionality NO you got your intersectionality in my class-based analysis

* Another exciting week of Good SCOTUS, Bad SCOTUS.

* Kunkel reviews Piketty. The circle is complete.

* Title Now Everybody Sue Everybody: expulsion and sexual assault at IHE.

Democrats are the worst, Daily Show edition.

Hillary Clinton 2016 and the Folly of the Left-Flank Push.

If you or any other speculator on my body and rights, wish to know how I regard my rights, they need but come here and lay their hands on me to enslave me. Did you think to terrify me by presenting the alternative to give my money to you, or give my body to Slavery? Then let me say to you, that I meet the proposition with unutterable scorn and contempt.

* The Star Wars museum is coming to Chicago.

* Konczal v. student debt.

* Obamaism v. teacher tenure.

* People aren’t worried about robots, they’re worried about who owns the robots.

* A New Bike Lane That Could Save Lives and Make Cycling More Popular.

*  “You express amazement at my statement that ‘civilized’ men try to justify their looting, butchering and plundering by claiming that these things are done in the interests of art, progress and culture. That this simple statement of fact should cause surprise, amazes me in return.”

* What could go wrong? Missouri School Districts Start Training Teachers To Carry Concealed Weapons In Classroom.

Former College Basketball Player Sues NCAA Over Concussions.

* ‘Think They Got Killed?’ 1964, L.B.J. and Three Civil Rights Icons.

* When Rambo was going to fight werewolves.

* In praise of Janelle Monáe.

* On phone horror.

* Another Fermi Paradox post.

* Here comes Pacific Rim 2. Plus a cartoon! But we still live in a vale of tears.

* Humanity Surprised It Still Hasn’t Figured Out Better Alternative To Letting Power-Hungry Assholes Decide Everything.

​The 20 Most WTF Magical Items in Dungeons & Dragons.

* Free at last: Oakland to decriminalize pinball.

* Kill Bill as an 8-bit video game.

* Episode 7 is already ruined.

* But the kids are all right.

Tomorrow’s Supreme Court Rumors Today

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Rumor has it that Kim McLane Wardlaw (9th Circuit) may be the front-runner for the Supreme Court. You know she’d be a good justice because she’s got “law” in her name. But there’s also a certain poetry in this, as she wrote the lower-court brief in the case that most recently highlighted the gender imbalance on the court, Redding v. Stafford, in which the 89%-male body held that it was no big deal for a thirteen-year-old girl to be subjected to sexual humiliation from school officials in an fruitless effort to find ibuprofen on her person.

Adam Wolf, the ACLU lawyer who represents Redding, explains that “the Fourth Amendment does not countenance the rummaging on or around a 13-year-old girl’s naked body.” Wolf explains that he is arguing for a “two-step framework,” wherein schools can use a lower standard to search “backpacks, pencil cases, bookbags” but a higher standard when you “require a 13-year-old girl to take off her pants, her shirt, move around her bra so she reveals her breasts, and the same thing with her underpants to reveal her pelvic area.” This leads Justice Stephen Breyer to query whether this is all that different from asking Redding to “change into a swimming suit or your gym clothes,” because, “why is this a major thing to say strip down to your underclothes, which children do when they change for gym?”

This leads Ginsburg to sputter—in what I have come to think of as her Lilly Ledbetter voice—”what was done in the case … it wasn’t just that they were stripped to their underwear! They were asked to shake their bra out, to stretch the top of their pants and shake that out!” Nobody but Ginsburg seems to comprehend that the only locker rooms in which teenage girls strut around, bored but fabulous in their underwear, are to be found in porno movies. For the rest of us, the middle-school locker room was a place for hastily removing our bras without taking off our T-shirts.

More discussion on the very disappointing decision at Pandagon and The Paperback Museum.

Written by gerrycanavan

May 1, 2009 at 9:11 pm

FISA Crisis 2008

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The New York Times has dueling op-eds on the FISA issue: the editorial board is unhappy with Obama, while Morton Halprin (who was spied on by Nixon) believes the FISA compromise is the best legislation we can hope for at this time.

I’ve already written about this (in both blogspot and Daily Kos flavors), but I have one or two things to add. First, on the merits of the FISA compromise, I think the bill itself is pretty awful, but telecom immunity isn’t the awful part. I can’t imagine the government making any other policy choice if it ever wants a private company to comply with its requests ever again. The problem here was and always has been Bush administration illegality, not telecom compliance—so the netroots are directing their fire in entirely the wrong direction. This TPM reader gets it right:

Before we all torpedo the best candidate we have had in 30+ years over this FISA thing, be aware of the two facts: (1) there is a long-established government contractor immunity doctrine in American law & what the telecoms did after 9-11 in obeying government demands for compliance is right in stride with that doctrine, and (2) in any event, the federal government is likely required to indemnify the telcos for any judgment or settlement they’d have to pay. Is this really the make-or-break litmus-test the netroots is clamoring for? No way. Is this just another example of liberals eating their own? You betcha.

As I was writing at the tail end of an Yglesias comment thread last night, the grandstanding you’re seeing on the lefty blogs over telecom immunity seems to me to be misdirected anger over the dawning recognition that Bush and his cronies really are going to get away with everything scot free. Well, they are. Pelosi took impeachment off the table—wrongly, I think, though I understand the political calculus involved—and it’s extremely unlikely there will be any substantive investigation of Bush following Obama’s election. There never has been. We’ll “turn the page.” “For the good of the country,” a criminal Republican administration will once again walk, and the really sad fact is the exact same bunch of thugs will probably pop back up yet another decade down the line to do it all again.

We lost the fight to hold Bush accountable when Pelosi took impeachment off the table. I’m sorry that’s true, but that’s reality, no matter what happens with FISA and telecom immunity or what anybody says on the Internet.

What’s actually at stake now is the character of the *next* eight years, eight absolutely crucial years in a very precarious moment not only for this nation but for the entire world—and with regard to that struggle Obama is doing the right thing by taking the FISA issue off the table. He’s being pragmatic. We need to be pragmatic too.