Posts Tagged ‘corporate personhood’
Sunday, Sunday
(some links via Aaron’s Sunday Reading, which as always has so much more)
* The greatest nation in the world: A few nights a year, Tennessee holds a health care lottery of sorts, giving the medically desperate a chance to get help.
* A Truly Devastating Graph on State Higher Education Spending.
* In sentencing the boys to a minimum of one year in juvenile jail, Judge Thomas Lipps doled out some advice to their peers on how to avoid the same fate. He urged them “to have discussions about how you talk to your friends; how you record things on the social media so prevalent today; and how you conduct yourself when drinking is put upon you by your friends.” Tweeting wasn’t exactly the problem in Steubenville, though, now was it.
* Stunning narrative of decades-long abuse (of all kinds) in a New York City high school. The level of administrative incompetence (shading into malice) is just one of the shocking parts of this story; I finally watched Bully last night and couldn’t believe this was how school administrators would act in general, much less when they knew they were being filmed.
* March Madness as class struggle.
* Do Corporations Enjoy a 2nd Amendment Right to Drones?
* So what exactly was in all those old fallout shelters?
* The Iraq war is notable not only for journalistic weakness, but for journalistic futility: the futility of fact itself. Fact could not match the fabrications of power. Eventually, our reality shifted to become what they conceived. “I could have set myself on fire in protest on the White House lawn and the war would have proceeded without me,” wrote Bush speechwriter David Frum. That was the message of the Iraq war: There is no point in speaking truth to power when power is the only truth.
* Rand Paul Is Right On Marijuana, And That Should Scare Democrats Into Action.
* University of Wisconsin professor warns of dangers of reintroducing extinct animals. Spoilsport!
* The world’s first LEGO museum is coming.
* And all about the next board game I’d like to learn to play, Twilight Struggle.
A Few More
* CFPB Announces New Push To Alleviate Mounting Student Loan Debt.
In a press release, CFPB Director Richard Cordray said he is instructing his agency to begin drafting possible proposals aimed at lowering monthly loan payments through refinancing and income-based payment models.
* February 14, 2013: McGill reels as budget cuts begin. February 21, 2013: McGill gets on MOOC bandwagon.
Parents and students might also be alarmed by the following statement from an Associated Press article: “As of May, there were 2,129 UC retirees drawing annual pensions of more than $100,000, 57 with pensions exceeding $200,000 and three with pensions greater than $300,000, according to data obtained by The Associated Press through a state Public Records Act request. The number of UC retirees collecting six-figure pensions has increased by 30 percent over the past two years, according to Californians for Fiscal Responsibility, an advocacy group that has analyzed UC pension data.” Virtually all of these pensions will be going to administrators, coaches, and medical faculty with no direct connection to undergraduate education. In short, UC is cutting core faculty and staff benefits and freezing their salaries in order to support the high wages and pensions of the highest compensated UC employees.
* Any bets on how long before the Emory trustees can James Wagner?
* The phonebook companies alleged in their complaint that the phonebook ordinance, ‘denies [their] rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.'(free speech and due process). If not for the legal concept of ‘corporate personhood’, the phonebook companies wouldn’t be able to sue Seattle to assert Constitutional rights originally written only for people. An abuse of the First Amendment on just about every level. #burnallphonebooks
Next Up: ‘Dogs Are Not Cats’
Montana’s constitutional amendment setting it as state policy that ‘corporations are not people’ has a wide lead for passage right now with 53% of voters saying they support it to 24% who are opposed.
Post *All* the Links
A big post, catching up from most of last week:
* Science fiction on the BBC: A brief history of all-women societies.
* Top Five Most Destroyed Canadian Cities in the Marvel Universe.
* News from MLA! Dissing the Dissertation. Anguish Trumps Activism at the MLA.
* News from my childhood: Another new version of Dungeons & Dragons is on the way. MetaFilter agonizes.
* News from the Montana Supreme Court: “Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people — human beings — to share fundamental, natural rights with soulless creatures of government…”
* News from the future right now: Record Heat Floods America With Temperatures 40 Degrees Above Normal.
* How College Football Bowls Earn Millions In Profits But Pay Almost Nothing In Taxes.
And what ends up happening there is that the candidate with the big stack of donor money always somehow manages to survive the inevitable scandals and tawdry revelations, while the one who’s depending on checks from grandma and $25 internet donations from college students always winds up mysteriously wiped out.
* Learning From The Masters: Level Design In The Legend Of Zelda.
* How The Cave of Time taught us to love interactive entertainment.
* Inside the Shel Silverstein archive.
* While genomic research on the super-old is in its very early stages, what’s fascinating is what the researchers are not finding. These people’s genomes are fundamentally the same as other people’s. They are clearly very special, but not in ways that are obvious.
* What Could Have Entered the Public Domain on January 1, 2012? Under the law that existed until 1978 . . . Works from 1955.
* The headline reads, “Quadriplegic Undocumented Immigrant Dies In Mexico After Being Deported From His Hospital Bed.”
* Dallas teen missing since 2010 was mistakenly deported.
* A Funny Thing Happened on the Way to Arkham Asylum.
* Pepsi Says Mountain Dew Can Dissolve Mouse Carcasses. Keep in mind: that’s their defense.
* Obama Openly Asks Nation Why On Earth He Would Want To Serve For Another Term.
* Romney: Elected office is for the rich.
* How banks and debt collectors are bringing dead debt back to life.
People who stop paying bills earn lousy credit ratings but eventually are freed of old debt under statutes of limitations that vary by state and range from three years to 10 years from the last loan payment.
But if a debtor agrees to make even a single payment on an expired debt, the clock starts anew on some part of the old obligation, a process called “re-aging.”
So if borrowers again fall behind on their payments, debt collectors can turn to their usual tools: letters, phone calls and lawsuits. By restarting a debt’s statute of limitations, the collectors have years to retrieve payments.
* Wells Tower: In Gold We Trust.
* Epic Doctor Who Timeline. More here.
* Battlestar Galactica: Totally planned. See also.
* The cast of Community plays pop culture trivia.
* “White House Denies CIA Teleported Obama to Mars.”
* Classified docs reveal why Tolkien failed to win ’61 Nobel Prize!
* Solve the Fermi Paradox the Saturday Morning Breakfast Cereal way.
* And you probably already saw Paypal’s latest outrage, but man, it’s a doozy.
A Brief History of Corporate Personhood
I know I’ve linked something like this before, but, via LGM, here it is again:
Corporate personhood’s origin in English law was reasonable enough; it was only by considering companies “persons” that they could be taken to court and sued. You can’t sue an inanimate object.
During the 19th century, however, the robber barons, aided by a few corrupt jurists deep in their pockets, took the concept to a whole new level in the United States. According to legal textbooks, the idea that corporations enjoy the same constitutional rights as you or I was codified in the 1886 decision Santa Clara County v. Southern Pacific Railroad. But historian Thom Hartmann dug into the original case documents and found that this crucially important legal doctrine actually originated with what may be the most significant act of corruption in history.
It occurred during a seemingly routine tax case: Santa Clara sued the Southern Pacific Railroad to pay property taxes on the land it held in the county, and the railroad claimed that because states had different rates, allowing them to tax its holdings would violate the Equal Protection Clause of the 14th Amendment. The railroads had made the claim in previous cases, but the courts had never bought the argument.
In a 2005 interview, Hartmann described his surprise when he went to a Vermont courthouse to read an original copy of the verdict and found that the judges had made no mention of corporate personhood. “In fact,” he told the interviewer, “the decision says, at its end, that because they could find a California state law that covered the case ‘it is not necessary to consider any other questions’ such as the constitutionality of the railroad’s claim to personhood.”
Hartmann then explained how it was that corporations actually became “people”:
In the headnote to the case—a commentary written by the clerk, which is not legally binding, it’s just a commentary to help out law students and whatnot, summarizing the case—the Court’s clerk wrote: “The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.”
The discovery “that we’d been operating for over 100 years on an incorrect headnote” led Hartmann to look into the past of the clerk who’d written it, J. C. Bancroft Davis. He discovered that Davis had been a corrupt official who had himself previously served as the president of a railroad. Digging deeper, Hartmann then discovered that Davis had been working “in collusion with another corrupt Supreme Court Justice, Stephen Field.” The railroad companies, according to Hartmann, had promised Field that they’d sponsor his run for the White House if he assisted them in their effort to gain constitutional rights.
Hartmann noted that even after the ruling, the idea of corporate personhood remained relatively obscure until corporate lawyers dusted off the doctrine during the Reagan era and used it to help reshape the U.S. political economy.
Occupy Wednesday
* The Occupy Oakland general strike seems to have been really pretty amazingly successful. The view from Twitter. Another. And here’s Matt’s picture again, having gone viral through me by way of @zunguzungu and @rortybomb. Half those pageviews are rightfully mine, Matt!
* General strikes in U.S. history.
* Arguments not taken seriously that should be: A federal court is being asked to grant constitutional rights to five killer whales who perform at marine parks — an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America’s law schools over expansion of animal rights.
* When advertising works too well: the strange case of Axe Body Spray.
* Women hold slightly more than half (52.3 percent) of creative class jobs and their average level of education is almost the same as men. But the pay they receive is anything but equal. Creative class men earn an average of $82,009 versus $48,077 for creative class women. This $33,932 gap is a staggering 70 percent of the average female creative class salary. Even when we control for hours worked and education in a regression analysis, creative class men out-earn creative class women by a sizable $23,700, or 49.2 percent.
* Legal Pain Killers Killed 15,000 People In 2008, Marijuana Likely Killed Zero.
* New Report Finds Vermont Could Save As Much As $1.8 Billion By 2020 From Shifting To Single Payer.
* Legendary Glenn Beck sponsor Goldline charged with fraud.
* Jon Corzine’s new firm likely to soon be charged with fraud. My father reminded me today that one universe over Jon Corzine never got in a horrific car accident as a result of his state police driver texting on the highway—which means he’s still the governor of New Jersey, which means he’s cruising towards a run for the presidency in 2016. In this universe he’s probably going to go to jail. It’s hard to think of another public figure whose life has hinged so completely on such a fluke event.
* In thirty years, college tuition has tripled.
* The worst part of the catastrophic implosion of the Hermain Cain candidacy is that he was the only one with a chance of stopping China from getting the bomb. None of the other candidates are even talking about this issue.
* And J.K. reveals she wanted to kill off Hagrid, too. You fiend!
Tuesday Links, Part 2
* The zombies started it, we’ll finish the job: Anti-Zombie Propaganda Posters.
* “PhD ≠ job”: Graduate students at Occupy Baltimore.
* Why the NCAA’s New Reforms Won’t Fix College Sports.
* As one of my generation’s premier Brian Krakows, I can’t in good conscience allow this pro-Catalano fluff piece to pass without comment. In principle I like the idea of ending my subgeneration’s intractable “Are we Gen X or are we Millennials” quagmire by rejecting both labels and embracing our singularity—but we don’t want to pay that price. Please note quiet, deliberate Saved by the Bell echo. I watched it during its first run, you know.
* Colbert explains the mere fact that corporations are born in a lawyer’s office, only exist on paper, have no soul, and can never die doesn’t mean they’re not people. Not related in the slightest: Muppeteer Kevin Clash on the Daily Show promoting his truly excellent biopic, Being Elmo.
* And speaking of Muppets: Some members of the Muppet “old guard” are apparently unsatisfied with Jason Segel’s The Muppets.
A small example is in one of the many trailers Disney has released, when Fozzie makes a fart joke. “We wouldn’t do that; it’s too cheap,” says another Muppets veteran. “It may not seem like much in this world of [Judd] Apatow humor, but the characters don’t go to that place.”
There is a list of similar concerns: Kermit would never live in a mansion, as he does in this movie. The Muppets, depicted in the script as jealous of Kermit’s wealth, would not have broken up in bitterness. The script “creates a false history that the characters were forced to act out for the sake of this movie,” says an old Muppets hand.
…
Frank Oz, the most famous living Muppets performer — known best as Miss Piggy — spoke more harshly in a recent interview with the British paper Metro. “I wasn’t happy with the script,” he said bluntly. “I don’t think they respected the characters. But I don’t want to go on about it like a sourpuss and hurt the movie.”
* And the headline reads, “Aaron Sorkin asked to write the Steve Jobs biopic, obviously.”
All the Things That Happened Today
* Sad news: Terrorist attack at Moscow’s busiest airport.
* Rumors are swirling that the Wachowskis may pull a Lucas.
* Judge Rules White Girl Will Be Tried As Black Adult.
* SOTU 2011: “How We Win the Future.” Warning: climate change may not exist in the future.
* Will big-name Republicans sit out 2012?
* The problem with regarding the photography of suffering as ‘pornography.’
* Killjoys keep debunking the “twin suns in 2012” Betelgeuse supernova story. Can’t I have just this one thing?
* Soccer science! As game theory predicts, legitimate falls far outnumber fake falls, Wilson reported at the meeting. Only 6% of the 2800 falls were highly deceptive dives. Players were two to three times as likely to dive when close to the goal, where the payoff was huge: Statistics show that there is an 80% chance of scoring from penalty kicks. Almost none of the highly deceptive dives resulted in free kicks against the diver. And referees were most likely to reward dives that occurred close to the goals—perhaps because the players were farther away and the deception harder to detect, he noted.
* James Kochalka is Vermont’s first cartoonist laureate.
* Headline of the day: Man admits mailing hundreds of tarantulas.
* I don’t want to alarm anyone, but it appears the Bush administration may have broken the law.
* Genghis Khan: history’s greenest conqueror?
Unlike modern day climate change, however, the Mongol invasion actually cooled the planet, effectively scrubbing around 700 million tons of carbon from the atmosphere.
So how exactly did Genghis Khan, one of history’s cruelest conquerors, earn such a glowing environmental report card? The reality may be a bit difficult for today’s environmentalists to stomach, but Khan did it the same way he built his empire — with a high body count.
Over the course of the century and a half run of the Mongol Empire, about 22 percent of the world’s total land area had been conquered and an estimated 40 million people were slaughtered by the horse-driven, bow-wielding hordes. Depopulation over such a large swathe of land meant that countless numbers of cultivated fields eventually returned to forests.
For certain values of “green”… Via MetaFilter.
* And also via MetaFilter: Vermont vs. corporate personhood. Republicans vs. the Internet. Rahm Emanuel gets Chicago’d. The Greatest Movie Ever Sold. The United States of Shame. Teacher salary? Damn you North Carolina!
Friday Night
* Kevin Drum throws some cold water on the notion that the payroll tax cut is a GOP Trojan horse. Be careful, though—unlike Obama the GOP really does play 11-dimensional chess.
* But while we debate the tax policy compromise, the Obama White House moves boldly on to its next preemptive capitulation.
* Is Bernie Sanders still talking?
* Salon asks whether the time has finally come for the rich to just outsource the entire country. Charlie Stross has an even more promising cognitive framework:
We are now living in a global state that has been structured for the benefit of non-human entities with non-human goals. They have enormous media reach, which they use to distract attention from threats to their own survival. They also have an enormous ability to support litigation against public participation, except in the very limited circumstances where such action is forbidden. Individual atomized humans are thus either co-opted by these entities (you can live very nicely as a CEO or a politician, as long as you don’t bite the feeding hand) or steamrollered if they try to resist.
In short, we are living in the aftermath of an alien invasion.
Gerry Canavan 