Archive for the ‘Legal Issues’ Category

The Snowden Files

Sunday, August 3rd, 2014

The Book of the Week is “The Snowden Files:  The Inside Story of the World’s Most Wanted Man” by Luke Harding, published in 2014. This ebook eloquently describes how Edward Snowden became a whistleblower, and the immediate consequences of his actions.

President Barack Obama vowed to curtail intrusive collection of personal data from and on the American people during 2008. A set of policies passed after 9/11, the Patriot Act, originally allowed certain kinds of spying. The goal was to root out terrorists. Instead of curbing the program, Obama authorized the National Security Agency (NSA) of the United States government to become an all-out global spying operation. By 2009, it was collecting metadata from millions of American and English citizens, as well as numerous global government officials, through phone records and email. It teamed up with GCHQ, the United Kingdom’s governmental branch that handles intelligence, and later, elicited customer data from the major U.S. tech companies Google, Facebook, Apple and Microsoft. The NSA and GCHQ “…secretly attached intercepts to the undersea fibre-optic cables that ringed the world.”

However admirable the intentions of government officials might be– thinking they are seeking out evil and preventing incidents of terrorism, their actions are misguided. They might contend that there have been no terrorist attacks on American soil since 9/11, so therefore, the program is working. This erroneous reasoning is like the stupid joke: A man is sitting outside on a city street waving around an odd contraption. Someone walks by and asks him what it is. The man tells them it’s an elephant repellent. He is asked how he knows it’s working. He says, “It must be working. Do you see any elephants around here?”

This blogger believes that the privacy violations– arguably unconstitutional– are a secondary reason why the nature of the NSA’s actions are so dangerous. One major aspect that makes the spying so dangerous is that comprehensive searches can be done on electronic-records literally at the speed of light.

Excuse the cliche, but “Absolute power corrupts absolutely.” Abuse of power is inevitable. For instance, there have been incidents involving the TSA. Throughout history, only bad publicity generated by whistleblowers who have made serious sacrifices– their livelihoods and/or their lives– has stemmed the tide of the evildoing. The same is true with this NSA/GCHQ situation. This ebook likened the spying to the East German Stasi prior to the fall of Communism. This blogger thinks eventually, absent a whistleblower, there would have emerged an individual with the mentality of Stalin or the late U.S. Senator Joseph McCarthy. Fortunately, Snowden found a way to act on the conviction of his beliefs in a mature, if illegal, way. He communicated with the right individuals at The Guardian, “… the third largest newspaper website in the world.”

A minor side effect of the collection of massive amounts of data, even if only a fraction of it is looked at– is that mistakes of honest ineptitude will be made. Lives have been greatly inconvenienced at best, due to the erroneous data in credit records, and those whose names have been mistakenly placed on a “no-fly” list, among various other cluster screw-ups of record-keeping entities.

Read the book to learn of the different media cultures in the U.S. and U.K., and the details of this suspenseful saga.

Bonus Post

Friday, June 27th, 2014

This blogger skimmed the ebook, “In the Name of Profit” by multiple co-authors, originally published in 1972. This depressing set of anecdotes on corporate greed simply reminds the reader that there is nothing new under the sun.

One theme is that through the 1950′s and 1960′s, big manufacturers such as Goodrich and General Motors had constructive knowledge that the products they sold were defective. Purchasers had bad experiences, and were seriously injured or were killed by those products. The companies’ attorneys and their employees rationalized that “‘planned obsolescence” meant progress. “But the meaning is clear: ‘Go cheapen the product so we can make more money.” In the case of drug company Richardson-Merrell, the product wasn’t cheapened, but rather, serious side effects were downplayed or hushed up and the results of FDA pre-approval testing were fabricated. Unsurprisingly, the company and its subsidiaries hired top-dollar attorneys skilled at helping businesses weasel out of legal trouble.

Another topic covered was Napalm, whose evolution began at Guadalcanal during WWII. “The Napalm fire bomb was deliberately designed as an indiscriminate terror weapon for mass destruction and death among civilians.” When people in Vietnam were harmed, Dow Chemical’s legal defense was bolstered by the fact that it had received orders by the U.S. Government to make the controversial product.

This ebook also discussed stock manipulation and corporate takeover. SEC laws were shown to be very lax in the 1950′s and 1960′s, as one particular perpetrator did jail time for various securities violations, but after his release, went right back to his old tricks. One Herbert Korholz repeatedly gamed the system with acquisitions. President of the Susquehanna corporation, he was able to bribe directors and officers in taking over another company with a secret tender offer of a share price higher than what was to be offered to the general share-owning public. “Profit-making firms can cut their taxes magnificently by merging with big losers…” One Maurice Schy, an attorney, attempted to make the government aware of Korholz’s unethical, unlawful and disgusting behavior, by filing lawsuits through the years, to no avail. Government officials were mired in conflicts of interest (favorable to Korholz’s interest) and ruled against Schy every time except one; a ruling was pending as this book was being released in 1972. Schy had finally gotten a possible break only because there was another case brought by another party against Korholz’s companies’ illegal activities.

In sum, we human beings are a mixed bag of evolutionary traits; altruism and greed among them. On many occasions, greed wins out, and we never seem to learn from those past occasions.

The Billionaire’s Apprentice

Monday, April 14th, 2014

The Book of the Week is “The Billionaire’s Apprentice” by Anita Raghavan, published in 2013. This ebook describes the investigation into the activities of a few Wall Streeters who were accused of insider trading in the past several years. Most of the accused happened to be of South Asian descent–from  Sri Lanka and India.

One concept the book conveys to readers is that it is unknown how many American securities-industry professionals are benefiting from insider trading, but the people in this book just happened to get caught because there was sufficient evidence against them to prompt the SEC, US Attorney’s office and FBI to go after them, rather than other possible offenders. The departments involved included the SEC’s Market Abuse Unit and the Department of Justice’s Securities and Commodities Fraud Task Force in the legal jurisdiction of the Southern District of New York (covering Manhattan and the Bronx, according to the author).

Another concept is that the investigating organizations and the securities industry are staffed with many people who, during their careers, switch allegiances. They might go from being a prosecutor to being a defense attorney, or from brokerage executive to government regulator, or vice versa. In this book the “old boy network” is alive and well. Arguably, conflicts abound.

Read the book to learn, among other extremes, about wiretapping (not the NSA’s), about one of the accused who “had several phones– at least thirteen– and he used them all” and a $30 million legal bill.

Bonus Post

Wednesday, February 19th, 2014

This blogger skimmed the book “Law Man” by Shon Hopwood published in 2012. In this personal account, Hopwood details his actions as a bank robber, and their consequences, complete with the romantic subplot.

In May 1999, the author was permanently placed in prison in Peoria. He felt relief because “Mostly I wanted my hard time to begin so it would start to end.” He told the reader of the term “chester”– short for “child molester.” Luckily, early on, Hopwood found an inmate who became his mentor, who taught him how to fashion a wooden-handled steel rod; the best weapon in the prison– which housed a metal fabrication plant. “… you can run it straight through a man’s liver. But what’s better is a lot of friends.”

More than three quarters of the prisoners were wannabe rap stars. Hopwood wrote, “You must have a job in prison; it’s not supposed to be a vacation, after all.” Postage stamps were the major means of exchange. Whenever the post office raised the price of stamps, the prison economy was disrupted.

On one occasion there was a gang brawl in the exercise yard involving attempted murder, resulting in a four-day lockdown of the entire prison. “In a world of attention-craving narcissists, lockdowns border on cruel and unusual punishment.”

Read the book to learn how the author was responsible for a change in a major legal ruling, an occurrence whose odds were akin to winning the lottery.

Savage Spawn

Sunday, October 20th, 2013

The Book of the Week is “Savage Spawn” by Jonathan Kellerman, published in 1999. This short ebook, authored by a child clinical psychologist, discusses topics associated with violent children, including serial killers, psychopaths, psychology professionals, the nature/nurture controversy and violence in the media.

The cynical Kellerman writes that “profiles” of serial killers should be taken with a grain of salt: “Profiles are most effective as career builders for retired FBI agents seeking to be best-selling authors and consultants to the film industry, but they miss the mark as often as they hit.”

Kellerman believes that psychopaths (conscienceless people) cannot be rehabilitated because:  1)  “…no medication has been found that alters antisocial behavior” and 2) they do not respond to the treatment of traditional psychotherapy because they lack insight and the desire to change.

At least since the mid-twentieth century, due to competition with psychotherapists (who hold PhD’s) to treat patients, psychiatrists have been big advocates of attributing biological causes to mental health disorders in order to prescribe medication.

The author provides a real-life example of two boys, thirteen and eleven, who, in spring, 1998, went on a shooting spree at a middle school and killed four girls and a teacher, and wounded ten other kids and another teacher. Kellerman thinks that had the kids not had access to firearms, “…their misdeeds likely would have expressed themselves as some variant of schoolyard bullying, perhaps a knifing.”  He proposes one simple rule for “…preventing child criminality: Restrict access to firearms [to kids].” Teaching psychopathic kids “practical shooting” will result in their bullying other kids. After the occurrence of untoward events, adults who gave kids guns, even with training, should never wonder why such events occurred.

Obviously, it is hard to pinpoint all of the exact causes of violent incidents. Psychological research that would produce a general consensus on the causes of extremely violent behavior would require: a) a long-term study of a sufficiently large number of subjects, and b) other difficult, expensive measures that would minimize bias. Kellerman mentions that longitudinal biological studies of psychopathology have been performed in Scandinavia, but he fails to provide details.

It is inconclusive which, genetics or the environment, is the more responsible for violence committed by kids. The fact that “Genetic traits can make themselves apparent at any age.” throws more of a wrench in the works. The author opines that media violence is not a proximate cause of violent behavior; kids who injure or kill people would probably do so anyway, regardless of the movies or TV shows they had watched. The author’s own children consumed a large quantity of carnage on-screen, and were none the more physically hostile for it. However, Kellerman cannot resist saying, “…media violence is likely to endure as a fruitful source of research grants for social scientists…”

Read the book to learn:  a) the relationship between the heart rate of certain toddlers and probable future violent behavior;  b) three strong predictive factors of violence in teenagers; c)  the age before which, if there is an arrest record– a lifetime of criminality is likely, too;  and d) how to intervene in the lives of high-risk youngsters to try to head off violent behavior.

Bonus Post

Tuesday, September 17th, 2013

For New York City Residents:

As of 5:15pm, Eastern Time, Tuesday, September 17, 2013, my book is available for checking-out from the Mid-Manhattan branch of the New York Public Library, at 455 Fifth Avenue (Eastern corner, 40th Street).

You may go to these webpages:

http://educationanddeconstruction.com/?p=143 and

https://www2.xlibris.com/bookstore/book_excerpt.aspx?bookid=81047

to read excerpts.

And you may go to this webpage:

http://catalog.nypl.org/search/o694061688

click “Place Hold” and log in to reserve it to pick it up later.

Have a great week!

The Waxman Report

Sunday, August 11th, 2013

The Book of the Week is “The Waxman Report” by Henry Waxman with Joshua Green, published in 2009. This is a political memoir that discusses the major issues the U.S. Congress faced during the four decades of Waxman’s career.

The author, a liberal Democrat, was first elected a Representative in the fall of 1974. He talks about the steps required for making laws with regard to containing an epidemic, such as AIDS in the 1980′s:  generate publicity, raise funds for studies on the subject, and, further along the learning curve– implement measures on prevention and treatment. Waxman remarks that involvement of celebrities generated publicity for not just AIDS issues, but also for getting the big pharmaceutical companies to research and manufacture drugs to treat ailments whose sufferers are too few in number for profitability. Waxman participated in helping pass a Congressional bill that contained a creative compromise for both the medical business and patients.

The author dealt with a slew of other political issues to which the aforementioned steps can be applied, too. However, he wrote that the government must be careful not to grant too many allowances to the entities it is regulating in order to pass legislation, because once a bill becomes law, those allowances will not be lessened.

Another point Waxman makes is that politicians sometimes need to partner with their ideological enemies if they want to pass a law. This is where “pork barrel” legislation can be advantageous for both sides. If the opponent’s district is horribly polluted and in danger of being fined, for instance, he might want to help draft an amendment to an anti-pollution law, as was the case with the 1977 Clean Air Act in the early 1980′s.

Read the book to learn the details of how Waxman paints Republicans as evil– their deregulation of various industries has harmed Americans’ health and financial well-being. Nevertheless, the author is optimistic because American politics, although a dirty business, is cyclical. Government and the people work together to adapt to the changing times.

The Good Girls Revolt

Sunday, July 21st, 2013

The Book of the Week is “The Good Girls Revolt” by Lynn Povich, published in 2012. This short ebook discusses what happened when a group of female employees sued Newsweek magazine’s parent company in March 1970, for gender discrimination.

Shortly thereafter, similar litigation followed at other publications– at Time, Inc., Reader’s Digest and various newspapers across the United States. The author briefly describes the historical backdrop before, during and after. One of many cultural phenomena she relates is that the year 1973(!) saw the elimination of classified ads divided into “Help Wanted– Female” and “Help Wanted– Male,” the former of which were mostly for menial and/or low-paying jobs. “Saying you worked at Newsweek was glamorous compared to most jobs available to college-educated women.”

The author says that from the early 1920′s up until the aforementioned lawsuits, periodicals publishers relegated women to dead-end positions. At Newsweek, the vast majority of female employees held the title “researcher”– a fact-checker, who could never become a reporter or editor like, or get paid as much as, the male employees. Besides, many of the men were hired “…as reporters and writers with no prior professional journalistic experience” and most of the female researchers had the same qualifications as they did.

One reason many women did not protest or were not even consciously angry about their situation, is that they were conditioned by the workplace and society in general to comply with gender stereotypes. Four decades ago, women were limited in their opportunities and criticized if they chose a male-dominated career field. They were given to believe they should not aim too high, but stay where they were, because otherwise, they would encounter difficulty.  It became a self-fulfilling prophecy for most of them. Even many women’s colleges at that time had the goal of providing an education with the assumption that a graduate might get a job, but she would quit the workforce when she had children.

Even today, in the American workplace, there is an environment in which women are jockeying for position and power. According to the book, they are less well-liked, the higher up the corporate ladder they climb. The opposite goes for men. In certain aspects of their lives, such as weight-loss groups and fitness, women band together and cheer each other on. But not usually in the workplace.

Read the book to learn about the consequences of the initial legal action, and whether Newsweek’s workplace policies changed when, in 2006(!), three female employees recognized the recurrence of gender discrimination.