Showing posts with label protected transaction. Show all posts
Showing posts with label protected transaction. Show all posts

Saturday, September 21, 2024

Should fox hunters be a protected minority?

 The NYT reports on the question:

Fox Hunters in the U.K. Want Protected Status Under Discrimination Law. A lobbying group is preparing a bid to define hunting with animals as a protected belief. Many experts have questions.  By Amelia Nierenberg

"English fox hunters have tried, for years, to push back against a nearly 20-year-old ban on their beloved sport.

"The centuries-old tradition of using packs of dogs to chase and kill foxes — or any wild mammals — became illegal in England in 2005, after a long parliamentary struggle driven by campaigners and lawmakers who opposed it on animal welfare grounds.

"So far, the law has stood, and fox hunting remains hugely unpopular among the general public: 80 percent of people in Britain think it should remain illegal, according to YouGov, a polling company.

"Now, a pro-hunting activist has a new plan of attack.

"Ed Swales, the activist, founded Hunting Kind, a lobby group that aims to protect hunting with dogs and other forms of hunting, in early 2022. He wants to use Britain’s Equality Act — which protects people from discrimination because of their age, race, sexuality or religion, among other things — to classify a pro-hunting stance as a protected belief.

...

“We’ve been doing this for millennia,” he said. Hunting is “literally part of our cultural heritage.”

"Hunting itself is not illegal in England. Shooting deer, rabbits, duck and some other animals is allowed during hunting seasons, with permission from the landowner and a gun license.

...

"Last year, Chief Superintendent Matt Longman, England’s police lead on fox hunting, said that illegal hunting was “still common practice,” with trail hunts frequently taking place in natural fox habitats.

...

"In 2007, a belief in fox hunting was explicitly denied protection in Scotland’s courts, where a judge found that “a person’s belief in his right to engage in an activity which he carries on for pleasure or recreation, however fervent or passionate,” did not compare to protected beliefs or religion, and therefore would not be covered under human rights law.

"And in 2009, the European Court of Human Rights unanimously ruled that the ban on fox hunting with dogs did not violate human rights."



Friday, September 13, 2024

Guns for everyone, from 3-D printers

 Unregulated guns made on 3-D printers are now becoming more available.  

The NYT has the story:

He’s Known as ‘Ivan the Troll.’ His 3D-Printed Guns Have Gone Viral.  From his Illinois home, he champions guns for all. By Lizzie Dearden and Thomas Gibbons-Neff

"Most of the mass-produced weapons of the 20th century, even those now marketed for personal defense, were originally designed for militaries and hunters. The FGC-9, by contrast, was created with the explicit goal of arming as many everyday people as possible.

"FGC is an abbreviation that represents what its creators think of gun control. Nine is for the 9-millimeter bullet it fires.

"The use of the FGC-9 by insurgents opposed to the military junta in Myanmar is part of its creators’ stated plan, a realization of the hope that guns could be used to stand up to the state.

...

"Mr. Duygu’s design was published in March 2020 with the stated goal of circumventing gun laws. Homemade firearms have been around for centuries, but Mr. Duygu’s was a breakthrough. The FGC-9 could be built entirely from scratch, without commercial gun parts, which are often regulated and tracked by law enforcement agencies internationally.

"Anyone with a commercial 3D printer, hundreds of dollars in materials, some metalworking skills and plenty of patience could become a gun owner."

Wednesday, March 27, 2024

Mexico’s Law Suit Against US Gun Dealers

U.S. gun dealers are protected against lawsuits stemming from crimes committed by their customers. by the Protection of Lawful Commerce in Arms Act (PLCAA), But that law doesn't protect them from lawsuits resulting from their own actions, and a U.S. judge has permitted a suit by Mexico to go forward which accuses five Arizona gun dealers of violating American laws.

Law.com has the story:, 

Federal Court in Arizona Allows Mexico’s Case Against US Gun Dealers to Proceed. The federal gun industry shield law should not keep the suit from moving forward, U.S. District Court Judge Rosemary Márquez ruled. by Amy Guthrie 

"A federal district court judge in Arizona has ruled that a lawsuit filed by the government of Mexico against five Arizona firearm dealers alleged to be engaging in weapons trafficking should be allowed to proceed.

"U.S. District Court Judge Rosemary Márquez held that the federal gun industry shield law, the Protection of Lawful Commerce in Arms Act (PLCAA), should not prevent the suit from advancing. 

...

"The complaint “adequately alleges that defendants’ knowing violation of firearm-specific statutes proximately caused plaintiff’s injuries for purposes of the predicate exception to the PLCAA,” she wrote in her ruling, dated March 22.

Tuesday, March 26, 2024

American guns fuel Haiti's gangs

The U.S. is an importer of illegal drugs, and an exporter of illegal firearms (i.e. firearms whose sale is legal, even protected in the U.S., but illegally smuggled into countries that would like to control firearms...)

The Guardian has the story:

Guns and weapons trafficked from US fueling Haiti gang violence. Experts say most guns smuggled from states with lax firearms laws such as Florida, Arizona and Georgia.  by Oliver Laughland

"As Haiti has again plunged into violent chaos, images of gang members bearing high-powered rifles, pump-action shotguns or automatic weapons in the streets of Port-au-Prince have become ubiquitous.

"But this weaponry is not made in Haiti, a country with no firearms or ammunition manufacturing capabilities.

"It is an arsenal that largely comes directly from the US, with most guns, experts say, likely to have originated from states with lax firearm laws, and many trafficked into Haiti from Florida.

"This clandestine trade has left Haiti’s gangs with a vast cache of illegal arms and much greater firepower than the country’s dispirited and underfunded police force.

...

"Joly Germine, a 31-year-old leader of 400 Mawozo, directed specific requests for high-powered weapons via WhatsApp messages sent from a Haitian prison. The requests were made to US citizens in Florida, including Germain’s romantic partner, and the weapons were then stuffed in garbage bags, loaded into large barrels and hidden under “clothes, shoes and Gatorade” ready for shipment.

Friday, February 2, 2024

Picking the wrong pony: wolves and people in Europe

 The Guardian has the story, within the larger story of controversy about wolves, and endangered species.

A wolf killed the EU president’s precious pony - then the fight to catch the predator began. After being hunted to near extinction, wolves have returned to Europe. But when one killed Ursula von der Leyen’s family pony, it ignited a high-stakes battle. Are the animals’ days numbered? by Patrick Barkham

A wolf killed a pony at night...

"Unluckily for the wolf, and perhaps for the entire wolf population of western Europe, Dolly was a cherished family pet belonging to the president of the European Commission, Ursula von der Leyen, one of the most powerful people in the EU. Last September, a year after Dolly’s death, von der Leyen announced plans that to some wolf-defenders looked like revenge: the commission wants to reduce the wolf’s legal protection.


"Action had already been taken against Dolly’s killer. DNA evidence harvested from the pony’s carcass revealed that the wolf was an individual known as GW950m. This mature male wolf, which heads a pack (a wolf family usually numbering eight to 10) living around the von der Leyen residence, appears to have developed a taste for livestock. DNA tests on other carcasses implicates him in the deaths of about 70 sheep, horses, cattle and goats. Experts believe younger pack members might have copied his hunting methods. Because GW950m was now classified as a “problem wolf”, a permit was issued to allow hunters to shoot him legally (wolves can only be killed under exceptional circumstances, according to EU law). It was the seventh such licence to be issued in Lower Saxony, a state the size of Denmark with a thriving population of at least 500 wolves...

"Against the odds, more than a year after the licence to kill was first issued, GW950m remains at large, living quietly on a diet of mostly deer in forests east of Hanover.

...

"Wolves have adapted swiftly and surely to human-dominated landscapes. But people are struggling to adjust to the wolves. The concentration of packs, von der Leyen declared when announcing the commission’s review of wolf protection laws, “has become a real danger for livestock and potentially also for humans”. In December, the commission proposed to reduce the wolf’s status under the Bern Convention from “strictly protected” to “protected” in order to introduce “further flexibility” – potentially enabling wolves to be hunted and populations reduced across the EU.... “Wolves are a subject that might change elections,” says one German conservationist.

....

"The wolf’s revival in western Europe is actually an interesting accumulation of accidents. Before its return, EU member states including Germany pushed to ensure that this disappearing species was given the highest protection under the EU’s habitats directive in 1992. When the cold war ended, many eastern European farms were abandoned, meaning that Russian populations found it easier to pad westwards. When the wolf reached Germany, it found hiding places on disused military bases – and, initially, sympathy.

“If wolves had returned 50 years ago, they wouldn’t have stood a chance, because our view of nature was very different to today,” says Kenny Kenner, a wolf expert who collects sightings and DNA data on wolves for the Lower Saxony government, and leads walks to educate people about this fascinating, complicated animal. “We see ourselves as part of nature and, much more importantly, as dependent on nature. This led to the possibility that a species as difficult for us as the wolf could come back.”

Wednesday, January 24, 2024

Guns and drugs on the U.S. Mexico border

 Here are two stories about some of the illegal traffic on the border between the U.S. and Mexico.

First, the war on drugs is fought with American guns on both sides:

The NY Times has the story:

Appeals Court Revives Mexico’s Lawsuit Against Gunmakers. The decision, which is likely to be appealed, is one of the most significant setbacks for the gun industry since passage of a federal law that provided immunity from some lawsuits.  By Glenn Thrush  Jan. 22, 2024

"A federal appeals panel in Boston ruled on Monday that a $10 billion lawsuit filed by Mexico against U.S. gun manufacturers whose weapons are used by drug cartels can proceed, reversing a lower court that had dismissed the case.

"The decision, which is likely to be appealed, is one of the most significant setbacks for gunmakers since passage of a federal law nearly two decades ago that has provided immunity from lawsuits brought by the families of people killed and injured by their weapons.

"Mexico, in an attempt to challenge the reach of that law, sued six manufacturers in 2021, including Smith & Wesson, Glock and Ruger. It contended that the companies should be held liable for the trafficking of a half-million guns across the border a year, some of which were used in murders.

...

" lawyers for Mexico, assisted by U.S. gun control groups, claimed that the companies “aided and abetted the knowingly unlawful downstream trafficking” of their guns into Mexico.

"Gun violence is rampant in Mexico despite its near-blanket prohibition of firearms ownership.

"About 70 to 90 percent of guns trafficked in Mexico originated in the United States, according to Everytown Law, the legal arm of the gun control group founded by the former mayor of New York Michael R. Bloomberg.

"Gun control advocates hailed the decision on Monday by a three-judge panel, describing it as a milestone in holding the gun industry accountable."

***********

As for drugs, it turns out that harm reduction drugs are highly controlled in Mexico, so illegal drugs also flow both ways.

Here's that story, from the Guardian:

Carriers sneak life-saving drugs over border as Mexico battles opioid deaths  People forced to bring overdose-reversal drug naloxone from US, as critics accuse Mexican government of creating shortage. by Thomas Graham in Tijuana, Tue 23 Jan 2024 

"Every day, people cross the US-Mexico border with drugs – but not all of them are going north. Some head in the opposite direction with a hidden cargo of naloxone, a life-saving medicine that can reverse an opioid overdose but is so restricted as to be practically inaccessible in Mexico.

"This humanitarian contraband is necessary because Mexico’s border cities have their own problems with opioid use – problems that activists and researchers say are being made more deadly by government policy.

“Mexico has long seen itself as a production and transit country, but not a place of consumption,” said Cecilia Farfán Méndez, a researcher at the University of California at San Diego. “And a lot of the conversation is still around that being a US problem – not a Mexican one.”

...

"The situation has been exacerbated by a government policy that, aside from cutting budgets for harm reduction services like PrevenCasa, has also created shortages of life-saving medicines for opioid users.

"In response to the fentanyl crisis, authorities in the US made naloxone available without a prescription. Naloxone vending machines have proliferated across the country.

"But in Mexico naloxone remains strictly controlled – despite the efforts of some senators from Andrés Manuel López Obrador’s own party, Morena, who proposed a law to declassify it.

"The president, popularly known as Amlo, has criticised naloxone, asking whether it did any more than “prolong the agony” of addicts, and questioning who stood to profit from its sale."

###########

Earlier:

Sunday, January 22, 2023

Tuesday, October 31, 2023

US halts export of most civilian firearms and ammunition for 90 days.

One of many things that makes the U.S. unusual is the Constitutionally protected status of gun ownership and gun sales here.  Guns being guns, this comes with some built in negative externalities that we struggle to contain.  But we also export guns, to legal markets in other countries (as well as sometimes to illegal ones)  and this can impose negative externalities elsewhere.   Apparently the Commerce Department is reviewing the situation.

 The Guardian has the story (from the Reuters news service):

US halts export of most civilian firearms and ammunition for 90 days. Commerce department cites foreign policy interests and says it will review ‘risk of firearms’ diverted’ to ‘violate human rights’

"The US has stopped issuing export licenses for most civilian firearms and ammunition for 90 days for all non-governmental users, the commerce department said on Friday, citing national security and foreign policy interests.

"The commerce department did not provide further details for the pause, which also includes shotguns and optical sights, but said an urgent review will assess the “risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities”.

##########

Earlier:

Sunday, January 22, 2023

Monday, May 8, 2023

Guns and gun control

 In the U.S., gun sales are both a protected transaction and a repugnant one. The right to bear arms is protected by the 2nd Amendment to the Constitution, but as school shootings and other mass casualty attacks on innocents have become a staple of the news, there have been periodic attempts to curb sales, particularly of automatic weapons.  The state of Washington is the latest to ban the sale of certain particular automatic weapons, which are legally available in other states, and already very widely distributed.

The NYT has the story:

Selling AR-15-Style Rifles Is Now Banned in 9 States  By Mike Baker and Nicholas Bogel-Burroughs

"Washington State approved a package of gun control measures on Tuesday that includes a ban on the sale of military-style semiautomatic weapons, making it the ninth state to join efforts to prevent the distribution of AR-15s and other powerful rifles often used in mass shootings.

"The new laws put Washington in the ranks of states with the strongest gun control measures in the nation. They include a 10-day waiting period on gun purchases, gun safety training requirements and a provision allowing the state attorney general and consumers to sue gun manufacturers or dealers under public nuisance laws if they negligently allow their guns to fall into the hands of minors or “dangerous individuals.”

"Gun rights proponents swiftly filed a lawsuit to challenge the semiautomatic rifle ban, saying it infringed on Second Amendment rights.

"Washington is among a series of states, largely led by Democrats, that have advanced gun legislation this year as the nation continues to grapple with repeated mass shootings. Republicans have moved in the opposite direction, with lawmakers in several states introducing legislation to expand the ability to carry concealed weapons without a permit and eliminate such things as gun-free zones, background checks and red-flag laws, which allow the removal of guns from people deemed to be at high risk of violence or self-harm.

...

"All of the bans currently in place allow people to keep weapons previously purchased, but states vary on how those so-called legacy weapons are regulated, according to the Giffords Law Center to Prevent Gun Violence."

**********

Earlier:

Sunday, April 16, 2023

Sunday, April 16, 2023

The (American) market for assault rifles

There was a time when Americans thought that rifles were for hunting game, and assault weapons were banned.  That has changed.

The Washington Post has the story:

The gun that divides a nation. The AR-15 thrives in times of tension and tragedy. This is how it came to dominate the marketplace – and loom so large in the American psyche. By Todd C. Frankel, Shawn Boburg, Josh Dawsey, Ashley Parker and Alex Horton 

"The AR-15 wasn’t supposed to be a bestseller.

"The rugged, powerful weapon was originally designed as a soldiers’ rifle in the late 1950s. “An outstanding weapon with phenomenal lethality,” an internal Pentagon report raved. It soon became standard issue for U.S. troops in the Vietnam War, where the weapon earned a new name: the M16.

...

"Today, the AR-15 is the best-selling rifle in the United States, industry figures indicate. About 1 in 20 U.S. adults — or roughly 16 million people — own at least one AR-15, according to polling data from The Washington Post and Ipsos.

...

"One Republican lawmaker, Rep. Barry Moore of Alabama, introduced a bill in February to declare the AR-15 the “National Gun of America.

"It also has become a stark symbol of the nation’s gun violence epidemic. Ten of the 17 deadliest U.S. mass shootings since 2012 have involved AR-15s.

...

"the U.S. firearms industry came to embrace the gun’s political and cultural significance as a marketing advantage as it grasped for new revenue.

"The shift began after the 2004 expiration of a federal assault weapons ban that had blocked the sales of many semiautomatic rifles. 

...

"Today, the industry estimates that at least 20 million AR-15s are stored and stashed across the country.

"More than 13.7 million of those have been manufactured by U.S. gunmakers just since the Newtown massacre in late 2012"

*************

NPR puts some history into perspective:

The Nashville school shooting highlights the partisan divide over gun legislation , by Ron Elving, April 1, 2023

"The Stockton schoolyard shooting in 1989

...

"The Stockton story was national news, featured on the cover of Time magazine with the headline "Armed America." Public alarm at Stockton pushed the legislature to be the first to prohibit the sale of assault weapons that year.

"Stockton was still reverberating three years later when California, the home of Republican presidents Richard Nixon and Ronald Reagan, sent two liberal Democrats, both women, to the U.S. Senate It also stocked its legislature and congressional delegation with big Democratic majorities and gave its Electoral College vote to Bill Clinton.

"One of the two women senators elected that year was former San Francisco Mayor Dianne Feinstein, who had first become mayor when her predecessor was shot to death in his office in the 1970s. She had long been outspoken on gun control and brought that commitment to Washington, D.C., becoming one of the principal sponsors of a bill banning assault weapons ban in her first year.

"The Assault Weapons Ban of 1994

"Feinstein and her cosponsors wanted to end the sale or manufacture of 14 categories of semi-automatic assault weapons. They also wanted to go beyond the California ban by outlawing copycat versions of earlier models and high-volume detachable magazines that held more than 10 rounds.

"But the bill did not address the status of an estimated one million assault weapons nationwide. "Essentially what this legislation does is create a freeze," she said. She lamented the resistance that rarely produced actual arguments among her colleagues. She said had never realized "the power of the NRA in this town."

...

"There were literally hundreds of exceptions included in the final version, distressing many of the bill's supporters. But getting the ban into the crime package to be passed in that Congress (with billions in new police funding) required many compromises. Ultimately, to get to a majority, Feinstein would have to accept a sunset provision by which her restrictions would need reenactment after 10 years.

...

"So when the 10-year expiration date on Feinstein's bill arrived in 2004, Democrats were no longer the majority party in Congress and all attempts to extend the 1994 ban were unavailing.

...

"The Sandy Hook Test in 2012

The next time serious energy developed behind renewing the ban was in the winter of 2012-2013. Barack Obama had just been reelected president, and the Senate was still in Democratic hands.

"Just as important, the effort to address the gun issue had been given an enormous boost by a new and more horrific tragedy.

"On Dec. 12, 2012, Adam Lanza, 20 — described by counselors as fascinated with mass shootings — killed his mother and took guns she had legally purchased to a Sandy Hook Elementary School in Newtown, Conn.

"There he shot dead 20 children, ages 6 and 7. He also killed six adults on the school staff. Then he killed himself.

"The national shock at the time is hard to appreciate a decade later, as there have been so many like it. 

...

"But the 113th Congress came and went in 2013 and 2014 without passing notable gun legislation. A compromise measure on background checks, offered by West Virginia Democrat Joe Manchin and Pennsylvania Republican Pat Toomey, got 54 votes in the Senate but needed 60.

"As for prospects for reviving gun legislation in the current Congress, the situation looks much as it did a decade ago. The 118th Congress has a Senate where Democrats have a nominal majority that depends on the cooperation of several independents. Feinstein is still in the Senate, the longest-serving incumbent Democrat, but planning to retire next year.

"The current House, like that of a decade ago, has a Republican majority led by a speaker whose power depends on placating a hardcore group known as the House Freedom Caucus."

Thursday, February 16, 2023

Arms for children but not women in Missouri

 The Washington Post has the story:

Missouri Republicans block proposed ban on kids carrying guns in public By Timothy Bella

"The Republican-controlled Missouri House of Representatives rejected a proposal Wednesday that would have banned children from being able to openly carry firearms on public land without adult supervision.

"The proposal, which was part of a long debate in the chamber on how to fight crime in St. Louis, was soundly defeated by a vote of 104-39, with just one Republican voting in support of the ban.

...

"Since 2017, Missouri residents have not been required to have a permit for concealed carry, after lawmakers in the Missouri House voted to override a veto by then-Gov. Jay Nixon (D) of a broad gun-rights bill. The law does not require gun owners to take safety training or have a criminal-background check to carry concealed firearms in most public places. The move was celebrated by Republicans, but law enforcement officials warned that the law was “going to make officers a lot more apprehensive,” St. Louis Public Radio reported at the time.

"The proposal’s defeat this week comes almost a month after Missouri Republicans in the state House made news for a voting to tighten the dress code for women legislators, while leaving the men’s dress code alone. Missouri House Republicans sought to require women to wear a blazer when in the chamber. The state House eventually approved a modified version of the proposal, which allows for cardigans as well as jackets but still requires women’s arms to be concealed."

Wednesday, February 15, 2023

Domestic abusers have the right to bear arms--5th Circuit Court of Appeals

 In the U.S., the right to bear arms is a protected transaction. That can lead to some controversial decisions. 

Here's the story from Bloomberg:

Gun Ruling Giving Domestic Abusers Rights Prompts Garland Rebuke By Erik Larson

"The decades-old US law barring domestic abusers from possessing firearms contradicts the nation’s “historical tradition” of access to guns even for people who may not be “model citizens,” an appeals court said in a ruling that prompted a Justice Department rebuke.

"The statute is unconstitutional because it gives too much power to Congress to determine who qualifies as “law-abiding, responsible citizens” when it comes to gun ownership, the 5th US Circuit Court of Appeals said Thursday.

...

"The ruling vacated the conviction of a Texas man, Zackey Rahimi, who pleaded guilty to violating the law by keeping a pistol at home despite being subject to a civil domestic-violence restraining order for assaulting his former girlfriend. It’s the latest fallout from a US Supreme Court ruling in June that paved the way for courts to reconsider a wide variety of gun restrictions.

...

“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” said the appellate panel, comprised of two judges appointed by former President Donald Trump and one by Ronald Reagan.

"Rahimi’s home was searched after he was involved in five shootings in a two-month span, including firing at a law enforcement vehicle in December 2020, firing at a driver after getting in a car accident and shooting multiple rounds in the air in January 2021 “after his friend’s credit card was declined at a Whataburger restaurant,” the appeals court said."

********

Here's the Supreme Court decision, NRA v. Bruen on which the 5th Circuit relied:

NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL. v. BRUEN, SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL.

No. 20–843. Argued November 3, 2021—Decided June 23, 2022 

Syllabus:

"New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense."

Thursday, December 29, 2022

Towards greater gun safety in San Jose

 The mayor of San Jose, CA, has some thoughts on making guns and gun ownership less dangerous, in a  NY Times opinion column:

400 Million Guns Aren’t Going to Just Go Away. In San Jose, We’re Trying Something New. By Sam Liccardo (Mr. Liccardo, a Democrat, has been the mayor of San Jose, Calif., since 2015. He is a former federal and local prosecutor.)

"Amid the rising tide of firearms, reducing gun deaths and injuries requires new solutions. In San Jose, Calif., where I am mayor, we’ve embarked on two approaches untried in any other city or state: We’re imposing an annual fee on gun-owning residents and investing the revenues in violence prevention efforts. And on Jan. 1, the city will begin requiring gun owners to carry liability insurance to compensate victims harmed by the negligent or reckless use of a firearm.

...

"Most gun-owning residents can comply with the insurance mandate with little or no additional cost under standard homeowners’ and renters’ policies. As more jurisdictions adopt an insurance requirement — legislators in New Jersey and California have recently proposed them — we expect that the insurance industry will become increasingly invested in reducing gun-related harm. Premiums will reflect the risks of gun ownership and will adjust accordingly, in the same way that auto insurers offer “good driver” discounts or how they incentivized the installation of anti-lock brakes and airbags in the past.

"Of course, in the realm of gun regulation, no good deed goes unlitigated. Three groups sued San Jose after the ordinance imposing the fee and insurance requirement passed. A Federal District Court declined their pleas for an injunction to stop the ordinance from taking effect, finding no unconstitutional burden on Second Amendment rights where “there are no means by which a San Jose gun owner may be deprived of his or her firearm.”

Saturday, June 25, 2022

San Francisco's Lowell High School admissions will return to merit-based system

 The SF Chronicle has the latest twist in this involved story over San Francisco's elite Lowell High School.

Lowell High School admissions will return to merit-based system after S.F. school board vote  by Jill Tucker

"After nearly two years of intense and bitter debate, test scores and grades will once again determine which San Francisco students are admitted to Lowell High School after the city’s school board decided to return to the merit-based admission system Wednesday.

"In a 4-3 vote, the school board decided to restore the previous merit process after two years of using a lottery-based system. The vote will now apply to freshman entering in the fall of 2023 as well as future classes, unless the board takes further action in the future to change the admission process.

...

"The board’s decision was the latest inflection point in the nearly two-year saga featuring feuding public officials, a lawsuit and accusations of racism over which students are eligible to attend Lowell, long considered one of the highest-performing public high schools in the country.

"The board first approved a switch to a lottery system in October 2020, citing a lack of academic data given the switch to distance learning earlier that year.

"A board majority then made that decision permanent four months later, citing a lack of diversity and racism at the elite academic schools. But the hurried vote sparked a lawsuit and then a judge’s ruling that the district violated laws related to the Brown Act, which regulate public meetings.

"The board then had to backpedal, reversing the decision before extending the lottery process for another year."

***********

Earlier:

Sunday, April 17, 2022

Sunday, March 27, 2022

Guns (concealed carry) and marijuana (recreational): two US maps

 In both maps, brown is the color of permissiveness.  E.g. on the northern border, only Maine and Montana don't require permits/prescriptions for either guns or marijuana...

The gun map is from this Washington Post story: Nearly half the country requires no permit to carry a concealed weapon — and it’s a growing trend By Kim Bellware



xxxxxxxxxxxxx
from https://mjbizdaily.com/map-of-us-marijuana-legalization-by-state/





Monday, September 27, 2021

Doctors and guns

 Americans are divided about  guns, and so are American doctors. While the American Medical Association regards guns as a public health crisis (https://www.ama-assn.org/press-center/press-releases/ama-calls-gun-violence-public-health-crisis), a recent survey of the American College of Surgeons reveals that many surgeons are gun owners who store loaded guns unlocked at home.

Firearm Storage Practices of US Members of the American College of Surgeons  by Brendan T.CampbellMD, MPH, FACS, Deborah A.KuhlsMD, FACS, Cynthia L.TalleyMD, FACS, Eileen M.BulgerMD, FACS, Ronald M.StewartMD, FACS, Journal of the American College of Surgeons, Volume 233, Issue 3, September 2021, Pages 331-336  ttps://doi.org/10.1016/j.jamcollsurg.2021.05.024

Background: As a part of its firearm injury prevention action plan, the American College of Surgeons (ACS) surveyed the entire US ACS membership regarding individual members' knowledge, experience, attitudes, degree of support for ACS Committee on Trauma (COT) firearm programs, and degree of support for a range of firearm injury prevention policies. This survey included questions regarding members' prevalence of firearm ownership, type of firearm(s) owned, type of firearm(s) in the home, personal reasons for firearm ownership, and methods of firearm/ammunition storage.

...

Conclusions: A significant percentage of ACS members keep firearms in their home, and nearly one-third store firearms in an unlocked and loaded fashion. Safe storage is a basic tenet of responsible firearm ownership. These data present opportunities for engaging surgeons in efforts to improve safe firearm storage.


HT: Irene Wapnir


Saturday, November 7, 2020

Bernard Cohen (1934-2020), who convinced the Supreme Court that bans on inter-racial marriage were unconstitutional

 Flags flew at half staff in Virginia last month, marking the death of Bernard Cohen, and also marking how much has changed in Virginia and the U.S. since he argued in the Supreme Court against the Virginia law that forbid inter-racial marriage. (The legalization of same sex marriage was still decades in the future.)

Va. flags to be half-staff Friday in memory of late Bernard Cohen, lawyer in Loving v. Virginia case   by MATTHEW BARAKAT, AP 

"Cohen and legal colleague Phil Hirschkop represented Richard and Mildred Loving, a white man and Black woman who were convicted in Virginia in 1959 of illegally cohabiting as man and wife and ordered to leave the state for 25 years.

"Cohen and Hirschkop represented the Lovings as they sought to have their conviction overturned. It resulted in the Supreme Court’s unanimous 1967 Loving v. Virginia ruling, which declared anti-miscegenation laws unconstitutional."

**************

In a 1963 appeal, the Virginia trial judge declared:

“Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents, and but for the interference with His arrangement there would be no cause for such marriages,” the judge wrote in upholding the sentence. “The fact that He separated the races shows that He did not intend for the races to mix.”

*************

Here's the Supreme Court decision 

LOVING  v. VIRGINIA , SUPREME COURT OF THE UNITED STATES388 U.S. 1

June 12, 1967, Decided

"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

"These convictions must be reversed."

Wednesday, November 4, 2020

Wearing military honors is a protected transaction

 

The New Yorker has an interesting story that sheds light on how we think of honorable or exceptional military service, and how claims about it are not so easy to verify and are (therefore) sometimes made falsely in public ways. (The story focuses on a Republican primary campaign for sheriff in a Texas county, in which both candidates lied about their military service.)

 How to Spot a Military Impostor--The detectives who investigate fake stories of military service use many tools, including shame.  By Rachel Monroe

"Politicians lie to get us into wars; generals lie about how well things are going; soldiers lie about what they did during their service. In 1782, when George Washington awarded ribbons and badges to valorous Revolutionary War troops, he was already worrying about pretenders. “Should any who are not entitled to these honors have the insolence to assume the badges of them they shall be severely punished,” he wrote. When Walter Washington Williams, thought to be the last surviving veteran of the Confederate Army, died, in 1959, President Eisenhower called for a national day of mourning. It turned out that Williams had fabricated his service, and that the second-longest-surviving Confederate soldier probably had, too. In fact, according to the Civil War historian William Marvel, “every one of the last dozen recognized Confederates was bogus.” But it’s only recently that lying about military service has been considered a particularly heinous form of lying, one with its own name: stolen valor.

...

"...wearing an unearned military medal was against the law, but there was no particular consideration given to lies about military service; the same chapter of the federal statute also made it illegal to proffer a fake police badge, pretend to be a member of 4-H, or misuse the likeness of Smokey Bear. That began to change in 2004, after an Arizona man was featured in a local newspaper as a highly decorated veteran who had, among other improbable exploits, assisted in the capture of Saddam Hussein. Sterner helped expose him as a liar, but he was frustrated that there was no criminal penalty. It wasn’t illegal to lie about a medal—it was only when you pinned it on your lapel that you broke the law.

...

"The Stolen Valor Act of 2005, written in part by Pam Sterner, was introduced the year that millions of filmgoers watched “Wedding Crashers,” in which Vince Vaughn and Owen Wilson’s characters lie about being Purple Heart recipients. On September 7, 2006, the act, which made it a federal crime to falsely claim receipt of a military award or decoration, passed in the Senate by unanimous consent; President George W. Bush signed it into law soon afterward. But, six years later, in United States v. Alvarez, the Supreme Court ruled in favor of Xavier Alvarez, a water-district official in Southern California, who had been convicted of lying about receiving the Medal of Honor. (Alvarez had also falsely claimed to be a professional ice-hockey player and to have been married to a Mexican movie star.) The Court found that the Stolen Valor Act violated the First Amendment. Congress passed an amended statute, which made it illegal to fraudulently wear medals, embellish rank, or make false claims of service in order to obtain money or some other tangible benefit, making stolen valor an issue of fraud rather than of speech. "

Saturday, August 1, 2020

Arranged marriage, in India, on television

The Guardian and the Indian Express have the story about a tv show about arranged marriage, a venerable institution that is becoming controversial.

Here's the Guardian:

Indian Matchmaking: Netflix's 'divisive' dating show causes storm
Series following contestants hoping to be chosen for arranged marriage has divided opinion in India
by Hannah Ellis-Petersen

"For some, Indian Matchmaking represents an unacceptable normalising of the regressive standards forced on Indian women to in order to be seen as a “suitable” wife, while pushing the unspoken issue of caste under the carpet.
...
"The eight-part series follows Taparia as she attempts to find appropriate matches for clients both in India and across the world in order to set up arranged marriages, often on behalf of their client’s parents. It is a show set in a world of upper-class affluence, where Indian families can afford to hire Taparia’s expensive services and even fly her across the world to find them, or their children, a suitable match.

"Arranged marriage remains prevalent in India. As Taparia says in the show, arranged marriage is just described as “marriage” while it is “love marriage” that is spoken of as outside the norm. Newspapers are still full of matrimonial adverts where women are reduced to three-line descriptions of their “fair skinned”, “accomplished” or “modern yet traditional” attributes.

"Indian Matchmaking’s uncritical presentation of its clients’ “criteria” – usually fair-skinned women from a “good” family - has come in for particular criticism.

"Critics have said the show perpetuates damaging ideas around colourism and caste – the Hindu system of hierarchy, which rigidly designates someone’s class and social status. Dalits, India’s lowest class, still undergo rampant discrimination and abuse in society while the upper Brahmin caste hold much of the power and influence. Cross-caste marriage in India can get you killed.

“Indian Matchmaking is really a cesspool of casteism, colourism, sexism, classism,” wrote one Twitter user."
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And here's the Indian Express:

Indian Matchmaking: An 8-episode of misguided gender politics, ultimately a betrayal for Indian audiences
By cherry picking its clients and assorting stories it wants to tell, by ticking boxes of caste, religion and class as imperative for an arranged alliance, Indian Matchmaking panders to the West gaze with complying obedience.
by Ishita Sengupta

"Positioned as an outlet to familiarise the world with a practice peculiar to India and Indians; the documentary could have been a first-hand exploration about the evolving origin of a cultural custom and the multifarious ways people go about it. And for millennials back home, it could affirm our rejection of a practice we long recognise as outdated or be a vehicle to convince us of its efficiency in a language we comprehend better than our parents’ monologues. But Indian Matchmaking dilutes an age-old practice by blunting the pointed shards on which it has stood for years. The end result is an eight-episode betrayal for the audience in India and a cut-to-fit documentary about the country and its traditions for the West, confirming every suspicion they nurtured.

"Created by Smriti Mundhra, who previously co-directed A Suitable Girl in 2017, it follows Sima Taparia, one of India’s top matchmakers as she visits her clientele spread across India and abroad. At the very outset, Taparia (“from Mumbai”) insists, “Matches are made in heaven and God has given me the job of making them successful on earth,” thereby placing herself beyond reproach. But in her job of a self-declared messiah (it is never shown how much she earns) intending to bring together people with the supposed divine connection, she falls back on caste, class, complexion, height and sometimes breadth of smiles as plausible criteria for two people to give each other a shot at spending their lives together."
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And Livemint:

Opinion | What economic studies say about our marriage market
 29 Jul 2020,  by Anirudh Tagat
"A matchmaking show on Netflix seems to skim over the market deficiencies that scholars have studied in depth"
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Update:  and this, from the NY Times, Aug 5--

By Sanjena Sathian

"It’s easy to applaud stories about rejecting old customs in favor of modern ideals. It’s harder, yet worthwhile, to sit with the subtler tension between tradition and modernity. This is what the great marriage plots have always considered: a mannered society, and how to live within it."

Wednesday, June 10, 2020

Laws and law enforcement for actions whose illegality is controversial (the case of 'honor killing')

Repugnant transactions and actions are sometimes banned with the full force of the law: consider  e.g. narcotics trafficking in the U.S., where our prisons are full of people convicted of drug crimes.   But sometimes, a legal ban comes with just a slap on the wrist: e.g., also in the U.S., prostitution is illegal almost everywhere, but mostly treated as a misdemeanor, not a serious crime. 

The punishment may not always fit the crime, but it tells us something about how legislators view the seriousness of the crime. 

So I was struck by the first sentences of this NY Times story about an "honor killing" in Iran:

A Daughter Is Beheaded, and Iran Asks if Women Have a Right to Safety
The so-called honor killing of a 14-year-old girl in Iran has shaken the country and forced an examination of its failure to protect women and children.

"Before he beheaded his 14-year-old daughter with a farming sickle, Reza Ashrafi called a lawyer.

"His daughter, Romina, was going to dishonor the family by running off with her 29-year-old boyfriend, he said. What kind of punishment, he asked the lawyer, would he get for killing her?

"The lawyer assured him that as the girl’s guardian he would not face capital punishment but at most 3 to 10 years in jail, Mr. Ashrafi’s relatives told an Iranian newspaper.

"Three weeks later, Mr. Ashrafi, a 37-year-old farmer, marched into the bedroom where the girl was sleeping and decapitated her.

Thursday, April 2, 2020

Bikes and guns while sheltering in place in Santa Clara County (bikes are essential, guns are not)

From the Santa Clara County Department of Public Health, a new shelter in place order that defines, among other things, "essential businesses" which are those that can keep operating from their traditional premises (as opposed to only making home deliveries):


Coronavirus Frequently Asked Questions
MARCH 31, 2020 SUPERSEDING SHELTER-IN-PLACE ORDER 

"This new Order requires that most people continue sheltering in their place of residence until May 3, 2020.  This new Order replaces the prior Shelter-in-Place Order, which was set to expire on April 7, 2020.  It also adds to the list of restrictions to slow the spread of the COVID-19 disease.

"You are still allowed to participate in “essential activities” or to work for an “essential business” if it is not possible for you to work from home."

There follows a long list of essential businesses, and a long set of Q's and A's to guide the perplexed.

Among the Essential businesses:

"Bicycle repair and supply shops"
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and there's this Q&A:

"Can gun shops selling firearms and ammunition continue to keep their storefronts open? 

"No.  Gun shops are not essential businesses under the Order.  The Order allows delivery of inventory directly to customers at their residences in compliance with applicable laws and regulations, but gun shops may not make sales from their storefronts. "
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I imagine the situation is different in Texas.

Expect a case to reach the Supreme Court in a few years...