Yesterday’s California Court of Appeal Sarno v. Bailesdecision strikes me as a pretty routine libel, invasion of privacy, and anti-SLAPP case—except for the background:
Disneyland enthusiasts created unincorporated associations to socialize with each other in the park. The social clubs were named for a Disney character or theme, and in the park, members wear clothing, etc., identifying their club. The social clubs maintain Web pages on social media platforms. Two of the social clubs are “The Main St. Fire 55 Social Club” (MSF) and the “White Rabbits Social Club” (WR).
Also relevant, “the social club ‘The Mermaids,'” and a 12-year-old daughter of a Mermaids member who is charmingly referred to as Little Doe (Bambi’s sister, maybe?). Unfortunately, things turn far less happiest-place-on-Earth from there …..
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Yesterday’s California Court of Appeal Sarno v. Bailesdecision strikes me as a pretty routine libel, invasion of privacy, and anti-SLAPP case—except for the background:
Disneyland enthusiasts created unincorporated associations to socialize with each other in the park. The social clubs were named for a Disney character or theme, and in the park, members wear clothing, etc., identifying their club. The social clubs maintain Web pages on social media platforms. Two of the social clubs are “The Main St. Fire 55 Social Club” (MSF) and the “White Rabbits Social Club” (WR).
Also relevant, “the social club ‘The Mermaids,'” and a 12-year-old daughter of a Mermaids member who is charmingly referred to as Little Doe (Bambi’s sister, maybe?). Unfortunately, things turn far less happiest-place-on-Earth from there …..
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From U.S. v. Class, written by Judge Thomas Griffith and joined by Judges Davis Sentelle and Sri Srinivasan:
The Supreme Court has been careful to note that “longstanding prohibitions” like “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings” remain “presumptively lawful.” Heller I, 554 U.S. at 626, 627 n.26…. [T]he same security interests which permit regulation of firearms “in” government buildings permit regulation of firearms on the property surrounding those buildings as well…
First, though it is open to the public, the Maryland Avenue parking lot may be used during working hours only by Capitol employees with a permit. This makes the area a potential stalking ground for anyone wishing to attack congressional staff and disrupt the operations of Congress. The operation of the national legislature depends not only on the ability of members of Congress and their staff to conduct business inside the Capitol, but also on their ability to freely and safely travel to and from work. The same special security concerns that apply to the employees while in the Capitol apply when they walk to and from their cars on Capitol property.
Second, the lot is close to the Capitol and legislative office buildings. Class possessed a firearm less than 1,000 feet away from the entrance to the Capitol, and a block away from the Rayburn House Office Building. Although there is surely some outer bound on the distance Congress could extend the area of protection around the Capitol without raising Second Amendment concerns, Congress has not exceeded it here.
Finally, as the owner of the Maryland Avenue lot, the government—like private property owners—has the power to regulate conduct on its property. See [Adderley] v. Florida, 385
U.S. 39, 47 (1966) (observing in the free-speech context that the government, “no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated”); cf. Bonidy v. U.S. Postal Serv., 790 F.3d 1121, 1126 (10th Cir. 2015) (observing that when the U.S. Postal Service acts “as a proprietor rather than as a sovereign, [it] has broad discretion to govern its business operations according to the rules it deems appropriate”).
Thanks to Charles Nichols for the pointer.
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From U.S. v. Class, written by Judge Thomas Griffith and joined by Judges Davis Sentelle and Sri Srinivasan:
The Supreme Court has been careful to note that “longstanding prohibitions” like “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings” remain “presumptively lawful.” Heller I, 554 U.S. at 626, 627 n.26…. [T]he same security interests which permit regulation of firearms “in” government buildings permit regulation of firearms on the property surrounding those buildings as well…
First, though it is open to the public, the Maryland Avenue parking lot may be used during working hours only by Capitol employees with a permit. This makes the area a potential stalking ground for anyone wishing to attack congressional staff and disrupt the operations of Congress. The operation of the national legislature depends not only on the ability of members of Congress and their staff to conduct business inside the Capitol, but also on their ability to freely and safely travel to and from work. The same special security concerns that apply to the employees while in the Capitol apply when they walk to and from their cars on Capitol property.
Second, the lot is close to the Capitol and legislative office buildings. Class possessed a firearm less than 1,000 feet away from the entrance to the Capitol, and a block away from the Rayburn House Office Building. Although there is surely some outer bound on the distance Congress could extend the area of protection around the Capitol without raising Second Amendment concerns, Congress has not exceeded it here.
Finally, as the owner of the Maryland Avenue lot, the government—like private property owners—has the power to regulate conduct on its property. See [Adderley] v. Florida, 385
U.S. 39, 47 (1966) (observing in the free-speech context that the government, “no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated”); cf. Bonidy v. U.S. Postal Serv., 790 F.3d 1121, 1126 (10th Cir. 2015) (observing that when the U.S. Postal Service acts “as a proprietor rather than as a sovereign, [it] has broad discretion to govern its business operations according to the rules it deems appropriate”).
Thanks to Charles Nichols for the pointer.
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Here’s our Friday roll up of the most bizarre stories we’re following this week.
Mom can’t sue cop who accidentally shot her child
On July 10, 2014, a Sheriff’s Deputy from a rural county in southern Georgia was in pursuit of a suspect when he wandered onto the property of Ms. Amy Corbitt.
Corbitt’s ten year old child was playing outside with several other children (as young as 3 years old), under the supervision of an adult.
The Sheriff’s Deputy came into the yard, drew his firearm, and ordered everyone (including the children) to get down on the ground.
Needless to say the children panicked, and several started crying at the sight of deadly weapons.
Then ‘Bruce’, the family dog, appeared. And according to witness reports, he was completely non-threatening.
Yet for some bizarre reason the Deputy tried to kill the animal, firing two rounds from his weapon at Bruce.
But the Deputy missed. And instead he accidentally shot Ms. Corbitt’s ten year old child in the leg.
You might be thinking– which is worse? The fact that the Sheriff’s deputy drew a deadly weapon in the presence of so many children… or that he tried to kill a defenseless animal… or that his aim was so poor that he shot a child instead…
I’m going with (d), none of the above.
As you might imagine, Ms. Corbitt filed a lawsuit against the Deputy. But a federal court just dismissed the lawsuit last week, stating that the Deputy has ‘qualified immunity’ because he shot the child as part of his official duties.
The Court also stated that “intentionally firing at the dog and unintentionally shooting [the child] did not violate any clearly established [Constitutional] rights.”
Professor of Feminist Studies investigated for discrimination
A Feminist Studies doctoral candidate recently drew the ire of a California University because she stated that being a woman requires not just a female personality, but a female body as well.
This feminist, who has also taught and created classes at the University, doesn’t like transgender men calling themselves women. She says they are appropriating female culture.
Her website says her research involves, “the mistaken idea that biological sex is socially constructed or possible to change… and the abusive and dangerously experimental practices of medically “transing” children and young adults.”
Because of this difference in opinion, students and faculty have alleged that she has violated anti-discrimination law, and are urging the administration to take action.
University officials are now investigating and soliciting feedback from students about how to proceed.
National Education Association not actually interested in education
The National Education Association (which represents school teachers) is the largest labor union in the US.
And the union just held its annual conference, where officials voted on a number of resolutions to more clearly define its policies and values.
At this year’s meeting, the NEA voted to teach “white fragility,” which is, they say, produced by a white supremacist culture.
They also endorsed abortion, reparations for slave descendants, and recognized the US as a destabilizing force in South America which has led to the current immigration crisis.
Yet when the resolution which would “make student learning the priority of the Association,” went up for a vote, it failed.
However you might feel about these issues, we can probably at least agree that the teacher’s union should probably be focused on… teaching… rather than politics.
Apparently white guilt indoctrination is more important than real education.
Colorado State University thinks the word ‘America’ is offensive
Colorado State University recently published an ‘Inclusive Language Guide’ to help people avoid words that might be considered offensive.
This list of offensive words includes “America” and “American” because it “erases other cultures and depicts the United States as the dominant American country.”
Gender words like male, female, ladies, and gentlemen should also be avoided, along with phrases like “food coma”, “starving”, “senile”, and “no can do”.
The Court has quoted from only three of the many childish emails [Doscher] and Livingston have exchanged. Obviously this needs to stop. Both sides need to learn that frequently the best response to immature behavior is to ignore it. Don’t react, don’t sink to the other side’s level, don’t try to fight fire with fire. There are disagreements in every case, that is what litigation is about. Most adversaries work out their disagreements while remaining calm and professional. Doscher and Livingston are admonished to discontinue this dumb conduct, work on their demeanor, and behave more maturely than they have to date. The Court hopes this rebuke will be sufficient to address the situation and on this basis, [Doscher’s] motion for sanctions is DENIED.
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The Court has quoted from only three of the many childish emails [Doscher] and Livingston have exchanged. Obviously this needs to stop. Both sides need to learn that frequently the best response to immature behavior is to ignore it. Don’t react, don’t sink to the other side’s level, don’t try to fight fire with fire. There are disagreements in every case, that is what litigation is about. Most adversaries work out their disagreements while remaining calm and professional. Doscher and Livingston are admonished to discontinue this dumb conduct, work on their demeanor, and behave more maturely than they have to date. The Court hopes this rebuke will be sufficient to address the situation and on this basis, [Doscher’s] motion for sanctions is DENIED.
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The Palm Beach Sheriff’s Office has launched an internal affairs investigation into how it handled convicted pedophile Jeffrey Epstein’s work release following a 2007 plea agreement that allowed him to work out of his Palm Beach office for up to 12 hours per day, according to the Miami Herald – which has been instrumental in Epstein’s arrest 12 years later.
Specifically, it will look at the decision more than a decade ago to allow Epstein to be free 12 hours a day on work release while serving a short sentence in the county stockade on a prostitution-related charge.
On Friday, Sheriff Ric Bradshaw — the same sheriff who oversaw the controversial work release arrangement — ordered the investigation be done.
“Sheriff Bradshaw takes these matters very seriously and wants to determine if any actions taken by the deputies assigned to monitor Epstein during his work release program violated any agency rules and regulations, during the time he was on PBSO work release program,” a news release said. –Miami Herald
BREAKING: Palm Beach sheriff opens internal affairs investigation into handling of Jeffrey Epstein https://t.co/FzTEI9Vo5u
Epstein was given a slap on the wrist over allegations that he sexually abused girls as young as 14 – many of whom were coerced into sex acts after being told they were there to offer massages.
The US Attorney’s office, headed by disgraced former Labor Secretary Alexander Acosta, scrapped a 53-page sex-trafficking indictment against Epstein, instead allowing him to plea guilty to solicitation of a minor – a much lesser charge. He served 13 months in the county stockade vs. the decades-long sentence he faced under the federal indictment, according to the Herald.
Epstein has been accused of sexually abusing girls while on work release, according to attorney Brad Edwards, who represents some of Epstein’s accusers.
During a Tuesday press conference in New York City, Edwards introduced a woman named Courtney Wild, who says Epstein began abusing her when she was 14-years-old, according to Business Insider.
Edwards said during the press conference that he raised the accusation to challenge the idea that Epstein was a model citizen while in jail. Edwards also said that Epstein was in his office most of the day during his 18-month sentence, of which he served 13 months, and that he had female visitors under the age of 21.
Edwards saidEpstein had sexual interactions with the female visitors that constituted abuseand were similar in nature to the abuses described in the indictment and charges Epstein faces in court, which are one count of sex trafficking of minors and one count of conspiracy to engage in sex trafficking of minors. –Business Insider
Wild appeared in court on Monday during Epstein’s bail hearing, saying “I was sexually abused by Jeffrey Epstein starting at the age of 14,” while standing just feet from the pedophile money manager.
Epstein was denied bail on Thursday, with Wild’s appearance cited in Judge Richard M. Berman’s decision.
via ZeroHedge News https://ift.tt/2YfOgQe Tyler Durden
Structural unemployment exists when available workers do not have the skills for the current job openings which continues to be an issue identified by the Fed’s Beige Book; however, the gap has only resulted in wages moderately increasing except for entry level positions
The overall labor skills gap during this cycle began in April 2017 peaking in November of 2018 at 1.5; As of May 12, of 16 industries are experiencing skilled labor shortages with Healthcare and Wholesale encountering the largest gaps on the raw data
Adjusting the data for volatility (z-score) indicates the greatest shortages exist in Construction and Durable goods manufacturing; the forward looking view is these industries are slowing, which narrows the current gap
Saturday Night Live has long cultivated a farm system that brings skits to the big screen. The Blues Brothers, Coneheads, Superstar and A Night at the Roxbury all come to mind. But the 1992 comedy film Wayne’s World is one of QI’s favorites. Rock fans Wayne Campbell (Mike Myers) and Garth Algar (Dana Carvey) host their own public-access television show, Wayne’s World, from Wayne’s parents’ basement. After selling the rights of their show to sleazy TV producer Benjamin Kane (Rob Lowe), Wayne falls for rocker Cassandra Wong (Tia Carrere). In true love-triangle fashion, Kane attempts to steal Cassandra from Wayne using his wealth and good looks. He distracts Wayne and Garth with all-access tickets to an Alice Cooper concert in Milwaukee. That backstage scene is pure Hollywood magic. When Wayne and Garth finally realize the dream of meeting metal and rock icon Cooper, they bow down and plead: “We’re not worthy! We’re not worthy!”
A late-cycle labor market brings out the same kind of kowtowing by workers who are not worthy to fill the skills gap — the mismatch between what workers have to offer and those demanded by employers. Another term for this phenomenon is “structural unemployment,” involuntary unemployment that can be long-term and slow to fix because it requires either immigration, migration, re-training or some combination thereof.
The Fed’s Beige Book, or summary of current economic conditions from the twelve District banks, is published eight times a year in advance of Federal Open Market Committee meetings. For what feels like forever, it’s bemoaned the skills gap. Yesterday’s Beige Book was no different:
“Labor markets remained tight, with contacts across the country experiencing difficulties filling open positions. The reports noted continued worker shortages across most sectors, especially in construction, information technology, and health care…A few reports highlighted concerns about securing and renewing work visas, flagging this as a source of uncertainty for continued employment growth. Compensation grew at a modest-to-moderate pace, similar to the last reporting period, although some contacts emphasized significant increases in entry-level wages. Most District reports also noted that employers expanded benefit packages in response to the tight labor market conditions.”
The lamentation was spread across Fed Districts:
New York: “Contacts reported persistent difficulties finding workers across the spectrum.”
Chicago: “…contacts indicated that the labor market was tight and that it was difficult to fill positions at all skill levels.”
Atlanta: “Firms indicated investing significantly in training programs to attract new workers or upskill existing staff.”
Dallas: “Contacts noted continued difficulty in finding mid-skilled workers. Shortages of truck drivers and foodservices staff continued.”
San Francisco: A large Eastern Washington utility “shifted some of its existing workforce into IT-related functions, given the difficulty of hiring for those roles. To fill vacancies in construction positions, some employers in Idaho discussed whether to relax certain hiring standards related to drug testing.” (Cheech & Chong Build a Home?)
The Beige Book is a qualitative report. To quantify the skills gap, we examined job openings relative to the number of unemployed across the industries that make up the private nonfarm sector. Before turning to the granular results, the aggregate private nonfarm job openings-to-unemployed ratio first crossed over the ‘1’ mark in April 2017 and hasn’t looked back, reaching a peak of 1.50 openings per unemployed in November 2018 before cooling through May 2019’s 1.47 reading. Any reading over 1 highlights the skills gap — there are more openings than warm (skilled, unskilled and able) bodies to fill them.
The industry breakdown illustrated up top reveals 12 of 16 industries with a skills gap – job openings-to-unemployed >1 – in May of this year. Health care and Wholesale top the list with ratios north of 2, ten industries from Professional/Business Services to Construction are above 1 and the remaining four industries are under 1.
There is an alternative way to look at the skills gap though.
Our favorite z-score metric (ratio of the mean adjusted for volatility) unearths those industries with the most acute skill shortages. Construction and Durable goods manufacturing have z-scores above 4, Nondurable goods manufacturing and “Other” services are above 3 and Accommodation and food services are above 2.5. These industries include both skilled and unskilled workers and high-paying and low-paying positions, consistent with the Beige Book’s broad-based findings.
Despite the severity in certain industries’ skills gaps, the Beige Book noted that “compensation grew at a modest-to-moderate pace.” (#GotPricingPower?) Looking ahead, which is what we do, 2019’s industrial recession is in the history books. Add to that a strike by Chinese homebuyers and fresh data showing permits to build homes are down 6.6% over last year. It’s increasingly likely that a housing recession is also in the making. The risk is rising that the inevitable decline in those lofty cyclical z-scores will translate to party time not excellent.
via ZeroHedge News https://ift.tt/2JI3mWF Tyler Durden
Plastic straws are now an issue in the 2020 campaign, and on this narrow policy question, President Donald Trump is the pro-freedom candidate.
Yesterday, the president’s re-election campaign rolled out brand new Trump-themed plastic straws that are guaranteed to irritate environmentalists.
“Liberal paper straws don’t work. STAND WITH PRESIDENT TRUMP and buy your pack of recyclable straws today,” reads the sales pitch for the straws on Trump’s 2020 campaign website. Despite a 10-pack going for a whopping $15, the merchandise appears to have already sold out.
Liberal paper straws don’t work.
STAND WITH PRESIDENT TRUMP and buy your pack of recyclable straws today!https://t.co/nanyEFK938
“I do think we have bigger problems…[but] you know, it’s interesting about plastic straws. You have a little straw, but what about the plates, the wrappers & everything else that are much bigger and made of the same material?” Trump said when asked by a reporter whether he supported banning plastic straws.
Q: Are you in favor of banning plastic straws?
Trump: I do think we have bigger problems..[but] you know, it's interesting about plastic straws. You have a little straw, but what about the plates, the wrappers & everything else that are much bigger and made of the same material? pic.twitter.com/g0n4eTvfpN
Opponents of straw bans can’t afford to be choosy with their allies, but it is sad to see plastic straws—once a noble symbol of resistance to government tyranny—being appropriated to re-elect a president who thinks the Bill of Rights is just one more invoice he doesn’t have to pay.
Trump is not wrong to point out, in his own meandering way, that straws are a small portion of overall plastic consumption. Data from litter surveys and beach cleanups find that straws are far outpaced by things like candy wrappers, cups, and cigarette filters.
When Starbucks stopped topping some of their drinks with their traditional cup-and-lid combo, they ended up replacing them with strawless lids that used more plastic.
Trump’s campaign is also correct in pointing out that “liberal paper straws” are a poor substitute given their propensity to dissolve in drinks or crumple when being poked through lids. These deficiencies are why plastic straws replaced paper ones to begin with.
However, the Trump campaign, while being good on straws, also lends credence to another bogus environmental panic by advertising their Trump-themed straws as “BPA free.”
BPA, short for Bisphenol A, is a chemical often found in plastics. A number of studies raised some concerns that its presence in food packaging could be hazardous to human health, which in turn fanned alarmist calls to ban the chemical or boycott products that contain it.
The plastic straw is a helpful and cheap drinking utensil that has been unfairly maligned as an environmental menace. Keeping them legal should be a matter of sound science, not an attempt to win another battle in a toxic culture war.
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