Showing posts with label law commentary. Show all posts
Showing posts with label law commentary. Show all posts

Saturday, February 16, 2013

MINIMUM WAGE


The President in his State of the Union address suggested the minimum wage be raised to $9. The minimum wage is presently $7.25. The President asked that the new minimum wage be made in increments so the $9 figure would not be reached until 2015.
 
The next day the Republicans objected. Speaker Boehner said .....No way! It would raise salaries right down the line. Businesses would be forced to close.
 
What bull shit!
 
The facts and studies indicate a contrary result. Most economists agree Boehner is wrong. Dead wrong! Studies show only a minimal impact on a business where the minimum wage was raised. Not enough to put any emplyer out of business.
 
The need for an increase is obvious.The United States is now a country of the very rich and the working poor. The middle class is  basically gone. An adult working 40 hours a week at the present minimum wage of $7.25 earns approximately $15,000 per year. If the rate went ot $9 per hour, the salary would increase to approximately $18,000 per year.
 
Lets take that one worker and put him into a family of four. Father, mother, and two children. Husband and wife both work. Presently their combined gross salaries are $30,000. With the increase, it would go to $36,000. Both figures are below the poverty level. In other words, not enough for a family of four to live on.
 
I see the impact of a low hourly here in Key West. Most working persons in Key West are paid from $8.50 an hour to $12 per hour. Their gross earnings are in the $15,000 to $18,000 range. That is why four persons are required to join together to rent a two bedroom apartment to live in. Or a three bedroom house. They cannot afford to live alone. The rent and utilities need to be divided. Otherwise, they would sleep under the bridge with the other homeless.
 
I find it strange that those who must approve the increase to $9 earn much more. Our Congressmen are paid $174,000 a year. Plus free medical. The best medical policy available. The working poor have no medical insurance. They cannot afford it.
 
Lets examine some numbers.
 
In 1955, the minimum wage was $.75 per hour. In 2013, it is $7.25. An increase of $6.50 over 58 years. The minimum wage has increased $.12 an hour over each of the 58 years.
 
For shame!
 
Back in 1955 when the minimum wage was $.75, most corporate CEOs earned between $40,000 and $70,000 a year. Few, if any, made over $100,000. Today corporate CEOs have earning packages in the $10 million to $40 million dollar range. And they and their Congressmen would deny the working person a minimum wage of $9 per hour!
 
The rightousness and morality in all of this escapes me.

Sunday, February 10, 2013

GREECE THE TINDERBOX?


Turmoil abounds in the world. Wars, civil wars,and genocide are examples. The Middle East especially is a hot bed of strife.
 
Many think that if a third world war were to begin, the Middle East would be the place.
 
Perhaps.
 
There is another locale which might cause such a war to erupt. Greece and Germany. The battle of the euros, the repayment of debt.

I mentioned this possibility during my visit to Greece this summer and have commented on it since on my TV/Internet show the Key West Lou Legal Hour. As recently as last Friday.
 
Permit me share my thoughts with you.
 
History repeats itself.
 
Germany has a history of initiating world conflicts. Germany started World War I. Germany started World War II. Why not World War III?
 
Germany may be the richest European nation. It is also the least liked. All over money. The Euro.
 
Germany has experienced great financial success the last 20 years. When the Euro and Euro bank came into being some ten years ago, Germany was in a terrific position. It was king pin. It had the most money.
 
Germany made huge loans to the other 16 nations comprising the Euro nation. Loans were made to other nations similar to the manner in which mortgage loans were made by U.S. banks to homeowners for mortgage purposes in the years leading up to 2008. No concern was taken for the ability of the borrower to pay back.
 
Greece owes Germany a ton of money. It cannot pay it back. The debt is onerous. Greek leaders try to meet the repayment plans. Taxes have had to be raised. Companies cannot pay their employees. Better than half the stores in Greece are closed. Beggars line the commercial streets of Athens. Fathers cannot feed their families.
 
Germany does not care. It has stood hard with regard to the repayment plans. Only minor adjustments have been made. The Greek government presses the people for more money to pay the Germans.
 
Germany is the banker. It is playing hard ass. The reason is simple. If Germany does not collect, it will suffer deep economic problems. In other words, Germany must be paid or the German economy ends up in the gutter.
 
Greece is not the only nation being squeezed. Italy, Spain and Portugal are in similar situations. Though not quite as bad as Greece's.
 
You will recall that I spent five weeks in Greece last summer. I saw first hand the pressure the Greek people were under at the time. I participated in two demonstrations in Athens. Thousands of people in the square in front of the legislative building. I was an observer, not a demonstrator. I walked among the people. They were ordinary every day folk. Most conservative appearing. All ages represented.
 
Merkel was at the time and still is Germany's Prime Minister. She is the boss. Every time her name was mentioned in a speech, Greek citizens, male and female alike, spit on the ground.
 
Merkel has her own problems. She runs for reelection next year. The opposition insists she is not doing enough to collect the debt, especially the Greek portion. So she presses even harder.
 
Which brings me to today. This moment in history and what is happening. None of it good.
 
Greece consists of many islands. My recollection tells me 800. It could be more. Travel amongst the islands is by ferry boat. The ferrys carry people and necessary supplies to the various islands. Very few islands have airports.
 
Last week, the seamen who operate the ferry boats went on strike. They struck for pay arrears, payments to their pension funds, against tax hikes, and various aspects of the government's austerity program. Notice they struck not for more. Rather to get even. To merely be paid what they were owed.
 
The seaman have more than six months back pay coming. They had worked without pay in anticipation of getting caught up at some point. Catching up never came. The pension plans had not been funded for more than one year. A simple truth is involved. If you do not get paid, you cannot eat. Nor can your family.
 
The Greek seamen were on strike 6 days. The strike basically shut down Greece. The government finally got a court order to the effect that the seamen return to work immediately or get fired. Hope continues to spring eternal. The seamen returned to work.
 
Workers from other occupations then struck. In support of their brother seamen who had been forced to return to work. The hotel workers, bus drivers, trolley workers, and railway workers announced an immediate four day strike. Out they went. It is called solidarity.
 
Farmers are getting killed economically. The cost of producing the farm goods exceeds greatly what fruits and vegetables can be sold for. Six months of working and tilling the soil returns pennies. The farmers are threatening to close down Greece's highways in protest.
 
The farmers decided better to give the food away to those who were in need. Free. Last week in Athens the farmers gave out free fruits and vegetables. It was  a mob scene. Chaotic. Everyone climbing on each other to get some food.
 
A news media outlet described it best. These people were not beggars.....they were victims of an economic crisis.....which came like a hurricane and leveled families.....the people have swallowed their pride and dignity.....they will do whatever they can for free food for their families.
 
It is a bad situation getting worse with each passing day.
 
Recall Germany in the 1920's and early 1930's. The German people were economically down trodden because of the onerous financial burdens imposed on them by the Allies after World War I. Such gave Hitler the ability to  gain popularity and favor and eventually take over the German government. Whenever people hurt, especially when a man and woman cannot feed their children, people will accept any one who promises a better way.
 
The seeds of a similar experience are breaking ground today in Greece. There has been the birth of a Greek Nazi Party. It is called the Golden Dawn Party. In the national elections last November, the Nazis garnered seven per cent of the vote. Now roughly three months later, it is believed that if an election were held today, the Golden Dawn Party would come in a strong third. Making the Nazi party a decided influence in Greek affairs.
 
The members of the Greek Nazi party are similar to those who supported Hitler. They are anti-Semitic. They believe Auschwitz was good. They sing praises to Auschwitz. The Nazis are also very anti-immigration. There is not enough for the Greeks. Why share with an outsider. The Nazis chant the slogan.....Speak Greek or die. Jewish and immigrant places of business are vandalized.
 
Sound familiar?
 
Things are obviously bad in Greece. It is difficult to see any good coming out of the present situation. A head on confrontation between Germany and Greece is possible. Perhaps probable. Whatever. My point is the Middle East is not the only tinderbox that could explode into a world war. Germany and Greece are in the running. Germany would then have the dubious honor of having started World War III.
 

Saturday, February 2, 2013

NOTHING IS FOREVER


Laws become outdated and need to be changed. The  circumstances which gave rise to the law initially are no longer valid.
 
An example is China's one child rule.
 
In 1980, the Chinese government became concerned with over population. The country was growing. There was not enough of anything to keep up with the increased population. Simple things like food and shelter. Something had to be done. The Chinese government passed the one child rule.
 
The rule was simple. Only one child per family. The rule was strongly enforced in urban areas where space was at a premium. If a woman became pregnant with a second child, the law required she be aborted. No choice on the couple or woman's part. It was described as forced abortion.
 
The law permitted two children per couple in rural areas. Space amongst other things was more prevalent and farm areas raised their own crops for consumption.
 
The one child per family rule has been quite successful. It is estimated that four hundred million births have been averted since 1980.

In recent years, the every action has an equal and opposite reaction axiom has come into play. The Chinese government now needs an increased population. The only way such can be accomplished is by more births. The proposed new rule would permit two children per couple.
 
Why is the change being considered?
 
One reason is that the working population is decreasing rapidly. There is a definite shortage of workers. Ten million workers per year are dropping out of the work force due to age or other reasons. The ten million worker drop has been steady since 2007.
 
China needs an increased working population in order to survive. Economically and otherwise.
 
There is the problem of care for the aged. Chinese custom requires that children care for their parents in their old age. The children become the caretakers of the old. Unless something is done, there will not be a sufficient number of children to care for their parents. Stated another way, too many parents for one couple. Remember, if left at one child, the husband and wife will be caring for each other's parents at the same time. Four dependents relying on 2 people. It may not be workable.
 
Male babies have always been favored over female ones in China. If a woman determined she was carrying a female child, she could have an abortion. Get pregnant another time and it may be a male. The male over female favoritism has resulted in 118 boys being born to every 100 girls.
 
This translates into not enough females for marriage. Nor for sex. Both are becoming decided problems.
 
Chinese men who have been unsuccessful in securing a wife will often times go to a brothel for resolution of the problem. There are many brothels on the China side along the Vietnamese border. A Chinese man can get his sex at a brothel. He can also get a so called wife.
 
Pimps offer the prostitutes for sale. The brothels are considered sex markets. The man purchases a Vietnamese prostitute for a sizable sum of money. The transaction is split between the prostitute and her pimp on a 60-40 basis. The prostitute gets the 60 per cent.
 
The prostitutes do not marry the men. Though they live with them as wives. Many of the so called wives leave this arrangement after a while and return to the pimp. Then she is offered for sale again and gets her 60 per cent again. This can happen several times.
 
Some of the prostitutes have 2-3 such husbands at one time. They are referred to as rotary wives.
 
It all boils down to the following. The Chinese government needs workers for it burgeoning economy, the elderly need caretakers, and Chinese men need wives and sex. There is a moral component. The Chinese government frowns on prostitution.
 
The Chinese government is in the process of deciding whether the two child rule is feasible.
 
Decision time is probably this year. It is a toss up as to whether the new rule will be adopted. 

Saturday, January 26, 2013

THREE SHADES OF FRAUD


Who knows what evil lurks in the hearts of men. The Shadow knows.
There is unquestionably a streak of evil in many. Evil manifests itself in degrees. Some evil being more serious than others.
One example is fraud. Fraud has many definitions. Generally, fraud can be defined as deceit perpetuated for profit or gain or to damage another. Deceit.....for profit or gain.
This article concerns itself with three examples.
In recent days, Subway has been in the news. Subway and its footlong sandwiches. Subway refers to them as the "Subway Footlong."
Subway's problem was discovered when an Australian teenager measured a Subway sandwich. It was only 11 inches long. He told people. The international news soon picked it up. People all over the world started measuring Subway sandwiches. All came up with the same result. Eleven inches, not 12.
An inch can be worth millions of dollars to a company such as Subway.
Instead of owning up and saying sorry, Subway appears to be stonewalling. A Subway representative issued a statement that the term footlong was was merely descriptive and not intended to describe length.
Tell me another story! How stupid!
Again, Subway should have immediately stepped up, said sorry and most importantly that the problem was being corrected. Then it should have followed up the mea culpa announcement with a further one offering some sort of bargain to its customers for a period of time.
It would not surprise me if this breach of trust costs Subway a reduction in sales for a while.
Lets move on to prisoners. Persons in jail. People like murders, thieves, child abusers, molesters and the like. Ingenuity recently evidenced itself within the jail population.
It was recently reported that persons in jail have been filing tax returns seeking refunds. Fraudulent returns. In some instances, false names were used. In others, another person's Social Security number. Initially, some inmates were successful in receiving refund checks.
For the taxable year 2011, 173,000 fraudulent tax returns were filed by those in jail. That was twice as many as had been filed in 2010. The word was spreading.
If any federal agency is diligent, it is the IRS. They caught on to the scheme. The IRS saved $2.5 billion in refunds by discovering the false returns filed in 2011.
The ingenuity of the bad guys who originally thought up the scheme is to be complimented. I would also make the observation that it is too bad their genius before and during jail was not exercised in a legitimate fashion. Honest men have been known to make money.
This article would be remiss if banks were not mentioned.
Montepaschi Bank is Italy's oldest bank. Strong in assets and character. Till recently.
Montepaschi is becoming the Lehman Brothers of Italy. Scandal has befallen the Bank.
The situation is different from Lehman Brothers and at the same time similar.
Three top level managers were involved with hedge funds and the like. They were investing Montepaschi monies in complex and complicated business dealings. To the detriment of the Bank, the Bank's shareholders, and soon perhaps its depositors.
The deals entered into lost the Bank $300 million in 2012 alone. Last week the Bank's shares dropped to $ .31 a share.
Montepaschi needs a bailout. It is seeking one from the Italian government. To the tune of $667 million. Apparently there is more involved than the $300 million 2012 loss.
The joke in all this is that the Italian government is broke. They are right behind Greece with a teetering economy. Germany is on Italy's ass to repay Eurobank loans. Thus far Italy has not been able to do so.
The cry is that Montepaschi is too old and too big to fail. Giants fell in the United States. Again, remember Lehman Brothers.
Deceit perpetrated for profit or gain. Seems to apply to Subway, the inmates, and Montepaschi.

Since the preparation of this article, the Bank's bailout request
has risen to $5.2 billion. The Bank's losses are now projected at $1
billion. A knowledgeable person said the problem has arisen because of
"...risky deals hidden from regulators."

It never ends.

Saturday, January 19, 2013

TOO MANY GUNS


A woman's vagina is more regulated than assault weapons!
 
Food for thought. Think about it.
 
The line has been drawn in the sand. Both sides are prepared for the war of words to follow.
 
Lets look at some statistical items.
 
More guns were sold in November and December last year in the United States than all the guns in the Chinese and Indian armies combined.
 
You say I do not believe it. Believe it. What follows makes the statement very believable. It is all in the numbers.
 
Since Obama's election in 2008, 67 million guns have been sold in the United States. A very big number. Makes it easy to understand how last year's November and December sales could exceed the total number of guns in the two armies mentioned.
 
Which brings me to the salient points of this article. The first already mentioned is that too many guns are sold in the United States. The second has to do with who actually is behind the NRA and all the noise about Second Amendment rights, the need for guns to protect the home from governmental invasion, etc. 
 
The NRA unquestionably has many members. Since New Town, it is claimed 100,000 persons have become new members of the NRA. Members pay nominal dues. The NRA has an appropriate cash flow. However, more and bigger dollars support the NRA. The source of these dollars is the question.
 
With 67 million guns being sold in one year, the answer is obvious. The gun manufacturers and retailers. There has to be a great deal of profit in making and selling guns. 67 million in and of itself is an astronomical number.
 
I do not blame the manufacturers and retailers for waging this behind the scenes war. Each is in business to make money. It is the American way.
 
The problem I have is that the manufacturers and retailers are blinded to the damage being done by guns. Especially assault weapons. It is an intentional blindness born of greed.
 
There is no argument made which convinces me that a person needs a military type assault weapon to protect him self. Nor that a hunter requires an assault weapon to kill game.
 
Such are some of my thoughts and observations regarding the gun problem. I hope for some a bit of an eye opener. There is food for consideration here. 

Sunday, January 13, 2013

BRAZILIAN PROSTITUTES


Prostitution in Brazil is an odd bag. It is neither legal nor illegal. Therefore, prostitution is considered legal for all intents and purposes.
There are 1 million prostitutes in Brazil. Two hundred fifty thousand are children. This article is limited to adult prostitutes.
The 2014 World Football Cup is being held in Brazil. The world series of soccer.
One of the sites where World Football Cup activities will be conducted is Belo Horizonte.
Classes are being conducted in Belo Horizonte to prepare Brazilian workers for the influx of foreigners. Taxi drivers, bell hops, quick food workers, hotel workers and the like are attending these classes. The course runs six to eight months. English, Spanish, and correct Portuguese is being taught. Portuguese is Brazil's official language. Correct Portuguese is being taught because a large number of attendees are immigrants.
Prostitutes are also permitted to attend. In fact, they are encouraged.
The ladies are organized. They have a union/association. It is quite effective. The President recently said regarding the classes that they contribute to the dignity of the work performed. She was also of the opinion that the members would be better able to negotiate a fair price with foreigners after completing the course.
Prostitution is oddly viewed in Brazil. The government is generally helpful and at the same time disinterested.
Prostitution has official status. The Brazilian Ministry of Labor Official List of Occupations contains "sex worker."
Prostitutes can earn a federal pension. They are permitted to contribute to the official government pension fund. This makes the ladies eligible for federal pensions when they retire.
Brazil maintains a Labor and Ministry Primer for the Sexual Professional. A short how to do book. Tips and advice as to how to be a prostitute. Instructions such to be appealing, affectionate, use perfume, and offer the customer specialties.
The negative aspect of the government's support has to do with medical regulations. The health of the ladies is given no consideration. Such things as regular medical checkups are not required.
Although this article does not touch on the 250,000 child prostitutes, it should be recognized that Brazil has the largest number after Thailand. Not something to be proud of.
Why did I write regarding this subject? No particular reason. I did think the way Brazil handles its ladies of the night was interesting and informative. Especially when contrasted to the United States where prostitution is illegal and no benefits are available to the ladies.

Tuesday, January 1, 2013

TERM LIMITS


I am writing this week's column on December 28, 2012 two hours before the White House meeting between the President and Congressional leaders. The issue they will be considering: How to avoid the fiscal cliff.
I expect nothing good to come out of the meeting. A proper resolution is no longer in the cards. A partial one is as good as none at all.
Our leaders continue to fail us. I say a plague on both their houses. These Washingtonians are out of touch with the American public. Or maybe they are not out of touch. They just do not care.
They speak for themselves or each other. Not for you and me.
Some of the elected beauties have political careers set in concrete. They have Congressional careers running thirty to fifty plus years. For the populace, life long jobs with an employer are a thing of the past.
Salaries are interesting also. Presently, most Senators and Congressmen receive $174,000 per year. With guaranteed increases that they voted for themselves some twenty years ago. And no union. How many earn that much and have the guarantee of salary increments? Few in our society.
The simple solution bandied about is term limits. A legislator is elected for a specific number of years or terms. Maybe two terms at best. Then good bye. They go home to farm or run their businesses as the Constitutional framers intended.
In the latter 1900s, some States were becoming concerned with the number of years Senators and Congressman were remaining in Washington. These states established term limits for their federally elected representatives.
You don't screw with Congress! The Senators and Congressmen went to Court. Their case ended up in the United States Supreme Court.
In 1995, a conservative Supreme Court ruled in a 5-4 decision that term limits were not available for implementation without a Constitutional amendment. The bad guys won! In present times, a Constitutional amendment takes years.
The people screwed again. This time by the highest Court of the land.
The framers of the Constitution and those living back then envisioned a citizen legislature. Men would travel to Washington a few weeks a year, do the people's work, and then return home to their farms and businesses. It was that way once. No more. Now they go to Washington and do whatever is necessary to stay as long as they can. What about the farm back home? What about the business back home? They do not exist.
The framers of the Constitution initially intended that term limits be a part of the Constitution  However, there was a space problem. The framers wanted the Constitution to be as short as possible. Since the framers were farmers and business persons themselves, they could not envision how any one could or would want to serve twenty or more years.
Another consideration was the life span as it existed at the time. Life expectancy was 35 years.
Term limits were left out of the Constitution.
Thomas Jefferson is considered to be the Father of the Constitution. He drafted the document. Jefferson saw the problem with professional legislators. He said at the time: "The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the.....version of the first."
James Fenimore Cooper of Leatherstocking Tales fame saw the evil of long term government representatives also: "Contact with affairs of state is one of the corrupting influences to which men are exposed."
We have a problem! One with no simple solution. We better find a solution before these career Washington politicians screw up our lives even more.

Saturday, December 29, 2012

PRESIDENTIAL HANDSHAKES


Thomas Jefferson danced to a different tune with regard to many socially acceptable activities of his time. Examples included liking the ladies and drinking a bit. He was a man  amongst men. Common men as well as aristocratic.
 
Equality was his passion. He penned the Declaration of Independence. He was one of our most revered Presidents.
 
Jefferson was the third President of the United States.The first two were George Washington and John Adams. Initial ruling colonists, they were not sure how to conduct themselves when greeting guests at official functions. Washington and Adams ended up conducting themselves in a regal fashion. They would bow stiffly from the waist. The other person would bow in a similar fashion in return.
 
Jefferson was uncomfortable with the bowing. At an official function on July 4, 1801, he shocked guests by not bowing. Instead and to the surprise of those present, he shook the hands of his guests. Every guest was treated in the same way, regardless of position. Foreign diplomats uncomfortable though they were, were required to greet Jefferson with the handshake rather than bowing.
 
From that Fourth of July to present date, all U.S. Presidents have used the handshake. Not only at official events, but at all activities including campaigning.
 
Which brings us to Abraham Lincoln. He shook hands before making history.
 
It was January 1, 1863. Per custom, the White House was open to visitors. It was a New Year tradition. The President would meet and greet each visitor by shaking hands. That January 1, Lincoln shook thousands of hands.
 
Afterwards, Lincoln and his Secretary of State William Seward were alone in a room. Lincoln had an official duty to perform. Sign the Emancipation Proclamation.
 
His right hand was swollen. He complained to Seward how much it hurt. Lincoln questioned whether he would be able to sign the document. He feared his signature would look weak.
 
Some time later, Lincoln made the following statement: "The signature looks a little tremulous, as my hand was tired, but my resolution was firm."
 
Since Jefferson, every President has shaken hands rather than bowing. How strange it would appear today if we were to see a Presidnet bow.
 

Thursday, December 13, 2012

BIG BROTHER


We all recognize government can be Big Brother. One we do not need nor want. It is accepted that Big Brother has no place in people's lives. Not only should the government stay out, also other people. My business is my business. Not someone elses.
Recall George Orwell's classic 1984. People were constantly watched by cameras integrated into their television screens.
It took a while, but what was described in Orwell's book is here. There is now the capacity for a person's TV set to watch that person. Phrased another way, some one can watch a person while that person is watching TV.
And hear conversations, also.
All via camera and microphone.
.
It is others watching while I watch TV in my bedroom and living room. Watching while I have sex with a wife or girl friend. It is watching as I argue with some one in the living room. There is no discrimination. Everything is filmed and recorded.
A joke this is not.
Verizon filed a patent in 2011 for a set top box. The box would operate when the TV did. Total visual and audio would be captured and available instantly to outsiders. Comcast and Google already have similar patents, either for the box approach or directly embedded in the television set itself. Samsung's 2012 plasmas and LED HDTVs already have camera and microphone built into the unit itself.
Intrusive! No question about it.
The purpose is marketing. The various organizations mentioned wish to tailor advertisers to what TV viewers are doing. Doing is the operative word.
If a couple is arguing, an advertisement for a marriage counselor might be in order. If cuddling or love making, advertisements for romantic getaway vacations or flowers.
Beware!

Thursday, November 29, 2012

ABUSE OF POWER


This story really happened. Two weeks ago.
 
The place is Piedmont, Oklahoma.
 
Quietly repeat Piedmont in your mind. Slowly. With emphasis on the first part. It is significant with regard to this true to life happening.
 
Jennifer Warden owns a lovely home on a cul de sac in Piedmont. A quiet neighborhood.The home sits on 2.5 acres. Jennifer has lived there for eight years. Her 21 year old daughter Ashley Warden and her three year old grandson Dillon Warden reside with her.
 
Three year old Dillon was outdoors on the property.His grandmother and mother nearby. Dillon was somewhere near the end of the driveway. Suddenly, he pulled his pants down and peed. I suspect Dillon was recently toilet trained. Every one should have been proud that he did not wet his pants.
 
Not so. Dillon almost got his mother Ashley arrested.
 
There was a police officer sitting in a police car nearby. Officer Ken Qualls. He observed Dillon urinating.
 
He gave Dillon's mother Ashley a ticket. Based on her son's behavior. The ticket was for public urination in public view. The police officer was the sole witness. Other than grandmother and mother, only he had seen it.
 
The fine for public urination in Piedmont is $2,500. Better to split a gut!
 
Grandmother and daughter Warden were outraged. They went to the police station the next day and complained. To no avail. Their words fell on deaf ears. They even took the position that giving a public urination ticket because a three year old pissed on his own property was an abuse of power.
 
The media became aware. A news worthy story. Soon Piedmont and much of Oklahoma were upset.
 
The message got through. Piedmont's Chief of Police appeared soon after at the Warden home. He personally apologized. The ticket was withdrawn.
 
The Wardens had a concern, Would Officer Qualls now subject them to a vendetta? The Chief assured them he would not.
 
Abuse of power occurs infrequently. But occur it does. Generally, it is a relatively new police officer whose position goes to his head. Or a military person whose uniform gives him a sense of superiority. Then there is the office manger who speaks in sexual terms to a female subordinate or brushes against her when he passes by. More recently, the FBI agent in Tampa who started the investigation which lead to Petraeus' fall from grace.
 
Abuse of power is part and parcel of our lives. Though rare, it must be dealt with. Simply and swiftly. As the Wardens did.
 

Thursday, November 1, 2012

DIFFERENT STROKES FOR DIFFERENT COUNTRIES

The adage different strokes for different folks applies to countries, also.
Greece, Italy, and China are perfect examples.

U.S. citizens must pay taxes. Every one. Even the rich. Unless of course
they legally have secreted funds in a Swiss bank account or off shore in
the Cayman Islands. There is legal tax avoidance. If the avoidance however
is illegal, such persons will be arrested and prosecuted to the full extent
of the law. Tax avoidance is not tolerated in the United States.

Greece tolerates tax avoidance. That is one reason why Greece is in trouble
economically. It is considered perfectly proper to avoid taxes in Greece.
Greece's tax delinquency is in the billions of euros.

Occasionally Greeks will be pursued for back taxes. Rarely, however.
Especially in the two years immediately preceding an election.

For the  the few arrested, there is no fear. Greek tax courts take 7-10
years to bring a tax avoidance case to trial.

Greek ship owners are a separate breed when it comes to paying taxes. They
are treated well by the government. Receive favored treatment. Much like
the fabled 2 per cent in the United States. That is why Greek ship owners
have tons of money while Greece itself is broke.

Italy has Silvio Berlusconi. A perfect example of the ineffectiveness of
the Italian court system. An example also that a people will tolerate
anything from a favored elected official.

Berlusconi was once Italy's Prime Minister. Was is the operative word. When
no longer the number one politician in Italy, he was arrested for four
years of tax fraud. His trial concluded last week. Berlusconi was found
guilty. He was sentenced to four years in jail. The sentence was
automatically reduced to one year because of an amnesty law. The amnesty
law recognizes that Italian jails are overcrowded. The law reduces
dramatically a criminal sentence.

Such does not bother  me. 

Thursday, October 25, 2012

POPCORN LUNG LAWSUIT


Wayne Watson of Denver, Colorado, enjoyed popcorn. He enjoyed it so much that for a period of ten years he would eat two bags of microwaved popcorn each evening.
 
Watson developed what is known as microwave popcorn lung. A condition similar to lung cancer caused by smoking and mesothelioma caused by asbestos. Watson is suffering. He cannot work. He soon will die. His suffering and death caused by the fumes arising from the artificial butter in microwave popcorn.
 
A jury agreed such was the case. The jury recently awarded Watson $7.2 million.
 
Turns out microwave popcorn, prior to this lawsuit of course, contained a chemical called diacetyl. A toxic substance known to cause  an illness similar to lung cancer. An individual develops popcorn lungs when fumes from the heated popcorn containing diacetyl are inhaled.
 
Watson is going to die. Life has a court room value. However, $7.2 million on its face appears excessive. Not in Watson's case.
 
The manufacturer of the microwave popcorn had known for several years of the dangerous implications of inhaling the butter flavorer containing diacetyl. The knowledge was obtained from the numerous Worker Compensation cases brought by their employees who had inhaled diacetyl fumes while working to make the microwave popcorn.
 
Once a manufacturer has knowledge of the dangerous propensities of its product, it is obligated under law to cease and desist in its manufacture. The manufacturer is also required, if he is stupid enough to continue to knowingly produce the product, to place a warning on  the label of its product of the product's dangerous  propensities. Similar to the warning on a pack of cigarettes.
 
In this instance, the manufacturer did neither. It knowingly continued to manufacture the microwave popcorn containing the diacetyl and at the same time failed to provide the consumer with any warning.
 
The $7.2 million verdict was divided into two parts.
 
Watson received $2.2 million for his pain, suffering and and all direct ramifications of the inhalation. This is known as compensatory damages. The law allows a wronged person to collect money for all damages directly flowing from the wrong doing of the manufacturer.
 
The remaining $5 million was awarded Watson as punitive damages. When a manufacturer does something so bad as to shock the conscience of the community, the manufacturer must pay an additional amount by way of penalty. It is a warning to the manufacturer that it should not have done what it did. In Watson's case, (1) knowingly continuing to manufacture the microwave popcorn with knowledge it was dangerous and (2) further failing to warn it's inherent danger stretches matters beyond credulity.
 
The manufacturer was penalized for its egregious wrongdoing. The huge punitive award is punishment to the wrongdoer and warning to the rest of the world not to do things such as occurred in the instant case.
 
A lot of good the $7.2 million is going to do Watson.The manufacturer has the case on appeal. By the time the appeals process is exhausted, Watson will be long dead.