China Slams Australia’s ‘Overreaction’: “How Arrogant & Shameless The Morrison Government Is!”

China Slams Australia’s ‘Overreaction’: “How Arrogant & Shameless The Morrison Government Is!”

Tyler Durden

Tue, 12/01/2020 – 13:05

China’s trolling Australia over the murders of civilians in Afghanistan by its special forces isn’t finished. Far from apologizing as Australian Prime Minister Scott Morrison has demanded, instead on Tuesday the state-run English language newspaper Global Times described that “China’s goodwill” is “futile with evil Australia” as the headline reads.

And yes the offending and now viral tweet is still live on Chinese foreign ministry spokesman Zhao Lijian’s Twitter account. The GT op-ed had this to say: “Australia’s evil acts toward China have made Chinese society not only surprised, but also disgusted. Many Chinese people feel as if they have swallowed a fly when hearing about Australia… How arrogant and shameless the Morrison government is!…Australia treats China’s goodwill with evil. It is not worthy to argue with it.

“If it does not want to do business with China, so be it. Its politics, military and culture should stay far away from China – let’s assume the two countries are not on the same planet. As a warhound of the US, Australia should restrain its arrogance. Particularly, its warships must not come to China’s coastal areas to flex muscles, or else it will swallow the bitter pills.)” the op-ed said.

Quickly spotlighting details of the escalating trade spat and Beijing’s version of events which is underlying the latest China trolling (and fueling that is Australia’s criticisms of Beijing’s handling of the coronavirus outbreak), GT continued:

China has never associated bilateral trade with politics between the two countries. China imposed tariffs on Australian barley for dumping and government subsidies, and imposed tariffs on Australian wine for the same reason. Moreover, pests have been found in Australian timber that threaten China’s ecology, and Australian lobsters have been found to have high levels of cadmium. China didn’t fabricate them. In terms of trade, China won’t fear it if Australia brings the cases to the WTO.

China firmly maintains and advocates free trade. China and Australia are signatories to the Regional Comprehensive Economic Partnership. Australia has carried out more than 100 anti-dumping and anti-subsidies investigations on Chinese products, while China only carried out a few against Australian products. Beijing does not fear going to the WTO with Canberra. China will acknowledge it if it loses, but the result will certainly be that all Australia’s accusations will fall flat. 

Beijing knows it holds all the cards, and that Canberra will soon be desperate to normalize trade ties and relations once again, after major Aussie commodities exports to its number one foreign market earlier this month were blocked and/or were hit with huge tariffs by China.

China’s foreign ministry spokesman Zhao Lijian, file image via The Australian.

Meanwhile, speaking of Monday’s unified ‘outrage’ among Australia’s political class and media and PM Morrison’s demand of an apology over the offending doctored image tweet showing an Australian soldier poised over an Afghan child with a bloody knife, the Chinese Embassy in Canberra issued an official statement on its website, saying “The rage and uproar of some Australian politicians and media is nothing but misreading of and overreaction” to the tweet.

“Yesterday, Secretary of [Australia’s] DFAT made a complaint to the Chinese Ambassador over a phone call about the twitter post of Mr Zhao Lijian. The Ambassador refuted the unwarranted accusations as absolutely unacceptable,” the statement said.

The statement continued:

The accusations made are simply to serve two purposes. One is to deflect public attention from the horrible atrocities by certain Australian soldiers. The other is to blame China for the worsening of bilateral ties. There may be another attempt to stoke domestic nationalism.

All of this is obviously not helpful to the resetting of bilateral relationship. It’s our advice that the Australian side face up to the crimes committed by the Australian soldiers in Afghanistan, hold those perpetrators accountable and bring justice to the victims.

And finally the Chinese embassy urged the Australian side to “take constructive practical steps” to help bring the previously healthy bilateral relationship “back to the right track.”

But it appears each side is locked in a point of no return and there’s only bottom from here, especially given leadership in both countries is now tapping into and stoking popular domestic anger. 

via ZeroHedge News https://ift.tt/2VnQPwr Tyler Durden

A challenge to hendiadys in the law

There’s a good new article on hendiadys in the Constitution, and it suggests that this hendiadys thing is getting out of hand already. As the title of the article puts it, Hendiadys in the Language of the Law: What Part of “and” Don’t You Understand?. The article is by Elizabeth Fajans and Mary R. Falk, and is published in Legal Communication & Rhetoric.

(What is hendiadys, you ask? A figure of speech in which two terms separated by a conjunction work together as a single unit of meaning. The examples I discuss in “Necessary AND Proper” and “Cruel AND Unusual”: Hendiadys in the Constitution range from the colloquial, as in Julia Child’s “good and dry”; to the literary, as in William Shakespeare’s “law and heraldry”; to the legal, as in “necessary and proper.”)

The argument by Fajan and Falks is thoughtful, clear, generous, and not about trivialities but first principles. It is a model critique, and I’m delighted to have seen it. They also discuss synecdoche and metaphor, which they do think have some place in legal interpretation. Perhaps more on that in time, but I will focus in this post on their argument about hendiadys.

The gist of the argument is that hendiadys is a literary figure that emphasizes “doubt, self-deception, multiplicity, complexity, and ambiguity.” Those characteristics make this figure of speech “sit uncomfortably in legal texts or, for that matter, in instructional materials on assembling an IKEA couch.” But it is not merely unlikely that hendiadys appears in legal texts. Fajans and Falk conclude that it should be a priori excluded from the interpretive options:

Beginning our research, we found sparse mention of hendiadys—until Professor Bray’s article was published, eliciting considerable comment and other explorations of hendiadys in law. We soon became convinced that not only was it unlikely that many, if any, binomial expressions in the law are hendiadys, but even if some are, that its use as an interpretive strategy is inappropriate. Hendiadys can only serve legal interpretation by betraying its own essence, which is multiplicity and complexity. . . . Our takeaway is therefore simple: some literary devices, like hendiadys, have no proper place in the language of the law or in its interpretation . . . .

Let me mention three points of agreement and three points of disagreement between me and Fajans and Falk.

Agreement 1: Hendiadys is often used in literary contexts as a means of unsettling language and expressing ambiguity. In such contexts, the effect produced by hendiadys can be to make the author’s words and phrases like the shattered pieces of two small whaling boats in Moby Dick: “the odorous cedar chips of the wrecks danced round and round, like the grated nutmeg in a swiftly stirred bowl of punch.”

Agreement 2: plain speech is an aspiration in the law, and in our culture of legal production it would be inappropriate to include such self-conscious literary pyrotechnics in a constitution, statute, or rule.

Agreement 3: in the places where I argue a hendiadic reading is best, a non-hendiadic reading is possible. That is, we could read “cruel and unusual” and “necessary and proper” as each offering distinct requirements, as each expressing a tautology, as each being a hendiadys, and so on.

Disagreement 1: I see no reason to rule out, as a matter of definition, all the non-literary uses of hendiadys. Here is the key move by Fajans and Falk (footnotes omitted):

Because hendiadys requires a seeming mismatch, most literary scholars would exclude from this literary device everyday expressions with clear and settled meanings like “nice and hot”; phrasal collocations or tautologies like “lord and master” or “high and mighty,” in which two words are used simply for emphasis and elevation, and expressions using related terms, like “pen and ink” or “wind and rain.” For conjoined terms to be hendiadys, the element of the unexpected must be present . . . .

Once that move is made, the rest of the argument follows. But the premise is contestable. There is debate about how broadly or narrowly to define this figure of speech (as discussed by Fajans and Falk and by me). And although our figures of speech may seem sharply defined, that is a bit illusory, for they are our ways of demarcating phenomena that are much more overlapping and spectral (in spectral‘s two senses).

Nevertheless, hendiadys pervades oral and colloquial speech (e.g., “tried and true” and many other examples in my article). And I also don’t think we can draw such a sharp line between the literary and the “everyday.” It is especially at the oral, the ritual, the poetic, and the proverbial that the separation of “literary” and “everyday” is most likely to mislead us. Consider the Book of Common Prayer, and its “general confession” (which would have been said by George Washington and John Marshall and others every time they attended church services). In this prayer the worshipper says to God: “We have erred and strayed from thy ways like lost sheep.” “Erred and strayed” is a hendiadys, not quite a tautology, and it can be subjected to the multiplicity and ramifying meanings that are common with this figure in literary texts. But it is also everyday. In fact, twice-a-day: it is part of daily Morning and Evening Prayer. It is because the Founders were steeped in a literary and oral culture in which this figure appeared–”pervasively” would be too strong, but still the point is that it appeared with some frequency and was not marked as only “literary”–I think we should be unsurprised if the Founders would have used the figure instinctively, as a way to get close to what was meant, rather than for conscious artistry.

Disagreement 2: although plain speech is good in a law, it is not as easy as it seems. Fajan and Falk are alert to this, recognizing that the search for “fixed meaning” in legal texts may be “[q]uixotic[].” But I would go further. No matter what the skill or good intentions of the drafters, law will pervasively have an edge (and maybe an interior) of indeterminacy. This is so because, as Aristotle recognized, circumstances arise that are unforeseen by the lawmaker. But it is also so, even on day 1 after the passage of a statute, because of the slipperiness of language itself. (This is one reason I think interpreters should consider pragmatics as well as semantics–see The Mischief Rule–but I digress.) If you think law is going to have a non-trivial amount of indeterminacy, at least law when it is at issue in not-subject-to-Rule-11-sanctions litigation, then we should be alert to how figures of speech can help us to understand or misunderstand, resolve or create, ambiguity.

Disagreement 3: To understand whether a phrase should be read as a hendiadys, we need other interpretive resources, including (for the Constitution) the ratification debates and early practice and judicial interpretation. Fajans and Falk note that they are not offering a rejoinder on those fronts. But I don’t think the question of whether or not to adopt a hendiadic reading can be settled by the text. The text can be interpreted hendiadically and non-hendiadically. So when Fajans and Falk point out that non-hendiadic readings are possible, I agree. But the next step–unless one excludes hendiadys a priori–is to consider which of the readings is most consonant with the modalities and other resources of interpretation in our legal tradition.

If hendiadys were limited to literary texts like Hamlet, Fajans and Falk are right that it would be out of place in statutes and constitutions. But it appears in many kinds and registers and genres of speech. We should not be surprised that it appears in law.

from Latest – Reason.com https://ift.tt/39ttbqJ
via IFTTT

Can Married People on Long-Term Student Visas Get Divorced in the U.S.?

First, some background: Early this year, the Ninth Circuit decided a case called Park v. Barr, involving a woman who had illegally overstayed her visa:

Woul Park, a Korean citizen, married Byung Gug Choi in Korea in 1988. Park came to the United States on a B-2 tourist visa in 2003. Park overstayed her visa and has resided in California ever since. Park and Choi jointly filed a Request for Divorce at the Korean Consulate in California, and the divorce became valid and final under Korean law as of May 12, 2009. Following the divorce, Park married James Yong Park, a United States citizen, in California. Park applied for and received lawful permanent residency based on this putative marriage. Park then applied for naturalization in 2014.

USCIS denied Park’s application for naturalization because it determined that Park’s divorce from Choi was invalid under California law, thus invalidating her marriage to James Yong Park. USCIS found that both Park and Choi were California domiciliaries when their Korean divorce decree was executed. The agency then concluded that Park’s purported 2009 divorce would not have been recognized under California law because California Family Code § 2091 bars the state from recognizing a foreign divorce when both parties are California domiciliaries.

This finding set off a cascade of legal consequences. If Park’s divorce from Choi was invalid under California law, then Park’s marriage to James Yong Park was similarly invalid. Park’s application for permanent residence was dependent on her lawful marriage to a United States citizen. Since Park’s marriage was invalid at its inception, USCIS reasoned, Park could never have been lawfully admitted for permanent residency. And finally, since Park had to show that she had been lawfully admitted as a permanent resident in order to naturalize, see 8 U.S.C. § 1427(a)(1), USCIS denied her application for naturalization….

We [disagree] and hold that Park, as a B-2 nonimmigrant whose lawful status had lapsed, was precluded from establishing lawful domicile in California by operation of federal law. Her divorce and subsequent marriage were therefore valid under California law, she was properly admitted for permanent residency based on her marriage to a United States citizen, and she is entitled to naturalization.

So Ms. Park won, because federal law preempted state law, and this made her Korean divorce (and thus her later California marriage, which doesn’t require California domicile) valid. But a few months later, a Nevada court applied the same reasoning against a noncitizen lawfully present on a student spouse visa, in Senjab v. Alhulaibi (Nev. Dist. Ct. Clark Cnty. June 17, 2020):

Ahed Said Senjab and Mohamad Abulhakim Alhulaibi … are citizens of Syria. They married in Saudi Arabia on February 17, 2018. The parties have one minor child, Ryan …, who was born on February 16, 2019.

[Alhulabi] obtained an F-1 [student] Visa and came to the United States to attend graduate school at UNLV in 2018. Mr. Alhuliabi alleged that [Senjab] applied for an F-2 Visa [for spouses and dependent children of F-1 student visa holders] in August, 2018, and that an F-2 Visa was granted to her and the parties’ child at the end of 2019….

The parties and their child arrived in Las Vegas, Nevada, on January 13, 2020. On February 14, 2020, [Senjab] filed an Application for Protective Order …. The court granted the request and extended the protective order until February 14, 2021. The Extended Protective Order [basically gives Senjab custody during the week and Alhulaibi on weekends].

[Senjab] filed a Complaint for Divorce on March 24, 2020. Ms. Senjab seeks a divorce, child custody and support orders, and spousal support….

For this Nevada court to have subject matter jurisdiction to grant a divorce, one of the parties must be a bona fide resident of the state of Nevada [for at least 6 weeks before the suit was brought]…. Residence is synonymous with domicile. Physical presence, together with intent, constitutes bona fide residence for divorce jurisdiction. Aldabe v. Aldabe (Nev. 1968)….

This court finds that pursuant to state law, undocumented immigrants who physically live in Nevada have been able to access Nevada courts to obtain a divorce so long as they have been physically present in Nevada, and so long as they establish a subjective intention to make Nevada their home.

[But t]he Ninth Circuit Court of Appeals, in Park v. Barr, held that federal law has preempted state law. The holding in Park bars nonimmigrants who come to the United States on a visa issued pursuant to Title 8 of the United States Code [such as these parties] from establishing the subjective intent that is required to give this Nevada court subject matter jurisdiction to grant a divorce….

The federal law, prohibiting a nonimmigrant from establishing domicile, continues even if a visa is overstayed. In Park, Woul Park, a nonimmigrant, came  to the  United  States on a B-2 Visa, and stayed in the United States after the lawful status had lapsed. The Ninth Circuit Court of Appeals held that Woul Park was precluded from establishing lawful domicile in California by operation of federal law….

Under federal law, nonimmigrants that come to the United States through F-1 and F-2 visas are required to maintain a residence in their country of citizenship with no intention of abandoning it. [Senjab] and [Alhulabi] were permitted to enter the United States on an express condition not to abandon the foreign residence. Congress has not permitted [Senjab] and Mohamad Abulhakim Alhulaibi to lawfully form a subjective intent to remain in the United States….

[Senjab]’s subjective intent to make Nevada her home is precluded by Congress’ definition of the nonimmigrant classification. This court concludes that Nevada lacks subject matter jurisdiction to grant a divorce….

The case is now on appeal to the Nevada Supreme Court. Immigration law isn’t my area of expertise, so there may be something I’m missing here, but this seems to be practically quite significant.

from Latest – Reason.com https://ift.tt/3mstDZV
via IFTTT

Brickbats: December 2020

brickbats3

The San Diego Police Department has issued 82 citations for “seditious language” since 2013. Because such citations are considered infractions rather than misdemeanors, those cited under the law are not entitled to a jury trial or legal counsel. After an investigation by local media, the department ordered officers not to enforce a century-old city ordinance banning such speech.

Kentucky resident John Pennington faces a fine of up to $569,000 and up to six months in jail after being caught sightseeing in Banff National Park in Alberta, Canada. Canada has closed its borders to U.S. travelers to reduce the spread of the coronavirus. It will allow U.S. residents to drive through Canada to Alaska, but they must take the most direct route.

Officials with California’s East Side Union High School District have placed a teacher on leave after he was seen teaching a virtual math class while not wearing a shirt, a violation of a school dress code he had reminded students about just days earlier.

Police in Miners Rest, Australia, arrested Zoe Buhler for attempting to organize a protest of a lockdown imposed in the state of Victoria, which officials claim is necessary to reduce the spread of coronavirus. She has been charged with incitement.

State and local officials spent $66 million converting Chicago’s McCormick Place convention center into an emergency hospital to treat coronavirus patients. It ended up treating just 38 patients, at a cost of about $1.7 million each.

Many owners of Minneapolis businesses that were damaged and looted in riots following George Floyd’s death say they need to install security shutters to protect their windows. But the city banned such shutters 16 years ago and denied the sole request for an exemption made in that time.

The Chicago Police Department has banned protests, even peaceful ones, on the block where Mayor Lori Lightfoot lives. Residents of the area have complained about the efforts cops are taking to keep protesters out, which include barricades in the street and checking people’s IDs before letting them enter the neighborhood. Cops say city and state laws ban protests in residential neighborhoods, but when a local newspaper asked them to list other instances in which they have blocked such protests, police did not provide any examples.

Aurora, Colorado, police officers ordered at gunpoint a mother and her children out of the SUV the woman was driving, made them lie down on the pavement, and handcuffed them after mistaking her vehicle for a motorcycle reported stolen in another state. Police Chief Vanessa Wilson blamed an error by a license plate scanner.

Thirteen people died after police in Lima, Peru, raided a disco that was open in defiance of restrictions the government says are needed to fight the coronavirus pandemic. The raid set off a stampede for the door, causing people to be trampled or trapped in the tight space and suffocate.

from Latest – Reason.com https://ift.tt/3mxD0re
via IFTTT

Can Married People on Long-Term Student Visas Get Divorced in the U.S.?

First, some background: Early this year, the Ninth Circuit decided a case called Park v. Barr, involving a woman who had illegally overstayed her visa:

Woul Park, a Korean citizen, married Byung Gug Choi in Korea in 1988. Park came to the United States on a B-2 tourist visa in 2003. Park overstayed her visa and has resided in California ever since. Park and Choi jointly filed a Request for Divorce at the Korean Consulate in California, and the divorce became valid and final under Korean law as of May 12, 2009. Following the divorce, Park married James Yong Park, a United States citizen, in California. Park applied for and received lawful permanent residency based on this putative marriage. Park then applied for naturalization in 2014.

USCIS denied Park’s application for naturalization because it determined that Park’s divorce from Choi was invalid under California law, thus invalidating her marriage to James Yong Park. USCIS found that both Park and Choi were California domiciliaries when their Korean divorce decree was executed. The agency then concluded that Park’s purported 2009 divorce would not have been recognized under California law because California Family Code § 2091 bars the state from recognizing a foreign divorce when both parties are California domiciliaries.

This finding set off a cascade of legal consequences. If Park’s divorce from Choi was invalid under California law, then Park’s marriage to James Yong Park was similarly invalid. Park’s application for permanent residence was dependent on her lawful marriage to a United States citizen. Since Park’s marriage was invalid at its inception, USCIS reasoned, Park could never have been lawfully admitted for permanent residency. And finally, since Park had to show that she had been lawfully admitted as a permanent resident in order to naturalize, see 8 U.S.C. § 1427(a)(1), USCIS denied her application for naturalization….

We [disagree] and hold that Park, as a B-2 nonimmigrant whose lawful status had lapsed, was precluded from establishing lawful domicile in California by operation of federal law. Her divorce and subsequent marriage were therefore valid under California law, she was properly admitted for permanent residency based on her marriage to a United States citizen, and she is entitled to naturalization.

So Ms. Park won, because federal law preempted state law, and this made her Korean divorce (and thus her later California marriage, which doesn’t require California domicile) valid. But a few months later, a Nevada court applied the same reasoning against a noncitizen lawfully present on a student spouse visa, in Senjab v. Alhulaibi (Nev. Dist. Ct. Clark Cnty. June 17, 2020):

Ahed Said Senjab and Mohamad Abulhakim Alhulaibi … are citizens of Syria. They married in Saudi Arabia on February 17, 2018. The parties have one minor child, Ryan …, who was born on February 16, 2019.

[Alhulabi] obtained an F-1 [student] Visa and came to the United States to attend graduate school at UNLV in 2018. Mr. Alhuliabi alleged that [Senjab] applied for an F-2 Visa [for spouses and dependent children of F-1 student visa holders] in August, 2018, and that an F-2 Visa was granted to her and the parties’ child at the end of 2019….

The parties and their child arrived in Las Vegas, Nevada, on January 13, 2020. On February 14, 2020, [Senjab] filed an Application for Protective Order …. The court granted the request and extended the protective order until February 14, 2021. The Extended Protective Order [basically gives Senjab custody during the week and Alhulaibi on weekends].

[Senjab] filed a Complaint for Divorce on March 24, 2020. Ms. Senjab seeks a divorce, child custody and support orders, and spousal support….

For this Nevada court to have subject matter jurisdiction to grant a divorce, one of the parties must be a bona fide resident of the state of Nevada [for at least 6 weeks before the suit was brought]…. Residence is synonymous with domicile. Physical presence, together with intent, constitutes bona fide residence for divorce jurisdiction. Aldabe v. Aldabe (Nev. 1968)….

This court finds that pursuant to state law, undocumented immigrants who physically live in Nevada have been able to access Nevada courts to obtain a divorce so long as they have been physically present in Nevada, and so long as they establish a subjective intention to make Nevada their home.

[But t]he Ninth Circuit Court of Appeals, in Park v. Barr, held that federal law has preempted state law. The holding in Park bars nonimmigrants who come to the United States on a visa issued pursuant to Title 8 of the United States Code [such as these parties] from establishing the subjective intent that is required to give this Nevada court subject matter jurisdiction to grant a divorce….

The federal law, prohibiting a nonimmigrant from establishing domicile, continues even if a visa is overstayed. In Park, Woul Park, a nonimmigrant, came  to the  United  States on a B-2 Visa, and stayed in the United States after the lawful status had lapsed. The Ninth Circuit Court of Appeals held that Woul Park was precluded from establishing lawful domicile in California by operation of federal law….

Under federal law, nonimmigrants that come to the United States through F-1 and F-2 visas are required to maintain a residence in their country of citizenship with no intention of abandoning it. [Senjab] and [Alhulabi] were permitted to enter the United States on an express condition not to abandon the foreign residence. Congress has not permitted [Senjab] and Mohamad Abulhakim Alhulaibi to lawfully form a subjective intent to remain in the United States….

[Senjab]’s subjective intent to make Nevada her home is precluded by Congress’ definition of the nonimmigrant classification. This court concludes that Nevada lacks subject matter jurisdiction to grant a divorce….

The case is now on appeal to the Nevada Supreme Court. Immigration law isn’t my area of expertise, so there may be something I’m missing here, but this seems to be practically quite significant.

from Latest – Reason.com https://ift.tt/3mstDZV
via IFTTT

“And Why Stop There?”: CNN Analyst Calls For Sweeping Regulation Of Free Speech On The Web

“And Why Stop There?”: CNN Analyst Calls For Sweeping Regulation Of Free Speech On The Web

Tyler Durden

Tue, 12/01/2020 – 12:45

Authored by Jonathan Turley,

We previously discussed the unrelenting drumbeat of censorship on the Internet from Democratic leaders, including President-elect Joe Biden. Those calls are growing as anti-free speech advocates see an opportunity in the Biden Administration to crackdown on opposing views. One vocal advocate of censorship and speech controls has been CNN media analyst Oliver Darcy who just ratcheted up his call for de-platforming opposing views.

Like many anti-free speech advocates, Darcy simply labels those with opposing views as spreading “disinformation” and demands that they be labeled or barred from social media. In a recent newsletter, Darcy calls for every tweet by Trump to be labeled as disinformation while asking “and why stop there?” Precisely. Once you cross the Rubicon of speech regulation, there is little reason or inclination to stop.  Just look at Europe.

Darcy wrote:

“Nearly every tweet from the president at this point is labeled for misinfo. Which had me thinking. Why doesn’t Twitter just take the step of labeling his entire account as a known source of election disinfo? And why stop there? Why not label accounts that repeatedly spread claims the platform has to fact-check?”

There was a time from the very touchstone of American journalism was the rejection of such calls for censorship, including at CNN.

What is chilling about Darcy’s writings is that they reflect the view of many now in Congress and in the Democratic Party.  Indeed, they reflect many in the Biden campaign. Once a party that fought for free speech, it has become the party demanding Internet censorship and hate speech laws. President-Elect Joe Biden has called for speech controls and recently appointed a transition head for agency media issues that is one of the most pronounced anti-free speech figures in the United States. It is a trend that seems now to be find support in the media, which celebrated the speech of French President Emmanuel Macron before Congress where he called on the United States to follow the model of Europe on hate speech.

Darcy is calling for more active and extensive regulation of speech to protect users from thoughts or views that he considers false or dangerous: “Think of it as a version of NewsGuard for Twitter.”

“NewsGuard” has a lovely Orwellian sound to be added to other codes for censorship like Sen. Richard Blumenthal recently calling for “robust content modification” on the internet. Who can object to a NewsGuard, which Darcy describes like some beneficent St. Bernard watching over our news and social postings?  Of course, what Darcy considers “disinformation” or what Blumenthal considers “robust content modification” is left dangerously undefined.

So put me down as preferring free speech without the helpful guards and content modification. Instead, I hold a novel idea that people can reach their own conclusions on such is disinformation just as Darcy does.

via ZeroHedge News https://ift.tt/37tAyeY Tyler Durden

Thanksgiving Weekend Marks Busiest Air Travel Days Since March

Thanksgiving Weekend Marks Busiest Air Travel Days Since March

Tyler Durden

Tue, 12/01/2020 – 12:25

Sunday on Thanksgiving weekend was the busiest air travel day since March, marking what finally appears to be the first step back toward normalcy for the travel industry.

On Sunday, 1,176,091 people were screened at U.S. airportsaccording to the Transportation Security Administration. It is yet another record for travelers at the airport since the pandemic hit, indicating that most people appear to be ready to get back to normal life. 

This number beat out the day before Thanksgiving, where 1,070,967 people crossed TSA checkpoints. It marked the fourth time in the past week and a half where air travel numbers were over 1 million, according to ABC

The numbers still paled in comparison to 2019, but it is a step in the right direction for the industry – especially after the CDC had “recommended” that people reconsider their travel plans for the holiday. The numbers give some idea of how seriously the American public is taking the CDC at this point. 

Last year, pre-pandemic, there were 2,882,915 people going through security checkpoints on the Sunday after Thanksgiving. 

Recall, just days ago we also noted that Alitalia and Delta were offering “quarantine-free flights” in an attempt to try and reclaim some normalcy for the industry. They are the first flights between the U.S. and Europe not subject to quarantines in months. 

Passengers on “select flights” from Atlanta to Rome will no longer have to self-isolate if they test negative for Covid 3 times on their flight. They are going to be asked to take a PCR test 72 hours before departure and then rapid tests at both the Atlanta and Italian airports.

This comes as part of a broader push by airlines to allow this type of testing to replace quarantine restrictions. 

Airlines and airports are also pushing for a softening of rules about takeoff and landing slots into next year. The rules, during normal operations, dictate carriers could lose slots if they aren’t used 80% of the time. 

A proposed continued softening of restrictions through March 2021 would give airlines more flexibility with scheduling during a ramp back up in air travel.

via ZeroHedge News https://ift.tt/2VnV8rz Tyler Durden

Brickbats: December 2020

brickbats3

The San Diego Police Department has issued 82 citations for “seditious language” since 2013. Because such citations are considered infractions rather than misdemeanors, those cited under the law are not entitled to a jury trial or legal counsel. After an investigation by local media, the department ordered officers not to enforce a century-old city ordinance banning such speech.

Kentucky resident John Pennington faces a fine of up to $569,000 and up to six months in jail after being caught sightseeing in Banff National Park in Alberta, Canada. Canada has closed its borders to U.S. travelers to reduce the spread of the coronavirus. It will allow U.S. residents to drive through Canada to Alaska, but they must take the most direct route.

Officials with California’s East Side Union High School District have placed a teacher on leave after he was seen teaching a virtual math class while not wearing a shirt, a violation of a school dress code he had reminded students about just days earlier.

Police in Miners Rest, Australia, arrested Zoe Buhler for attempting to organize a protest of a lockdown imposed in the state of Victoria, which officials claim is necessary to reduce the spread of coronavirus. She has been charged with incitement.

State and local officials spent $66 million converting Chicago’s McCormick Place convention center into an emergency hospital to treat coronavirus patients. It ended up treating just 38 patients, at a cost of about $1.7 million each.

Many owners of Minneapolis businesses that were damaged and looted in riots following George Floyd’s death say they need to install security shutters to protect their windows. But the city banned such shutters 16 years ago and denied the sole request for an exemption made in that time.

The Chicago Police Department has banned protests, even peaceful ones, on the block where Mayor Lori Lightfoot lives. Residents of the area have complained about the efforts cops are taking to keep protesters out, which include barricades in the street and checking people’s IDs before letting them enter the neighborhood. Cops say city and state laws ban protests in residential neighborhoods, but when a local newspaper asked them to list other instances in which they have blocked such protests, police did not provide any examples.

Aurora, Colorado, police officers ordered at gunpoint a mother and her children out of the SUV the woman was driving, made them lie down on the pavement, and handcuffed them after mistaking her vehicle for a motorcycle reported stolen in another state. Police Chief Vanessa Wilson blamed an error by a license plate scanner.

Thirteen people died after police in Lima, Peru, raided a disco that was open in defiance of restrictions the government says are needed to fight the coronavirus pandemic. The raid set off a stampede for the door, causing people to be trampled or trapped in the tight space and suffocate.

from Latest – Reason.com https://ift.tt/3mxD0re
via IFTTT

New Lockdowns And More Rigidity Are Disastrous For US Jobs

New Lockdowns And More Rigidity Are Disastrous For US Jobs

Tyler Durden

Tue, 12/01/2020 – 12:10

Authored by Daniel Lacalle,

United States jobless claims have picked up since the elections and the second wave of coronavirus have slowed down the economic recovery. Uncertainty about tax increases and changes in labor laws including an increase in minimum wage add to the fear of new lockdowns as employers see the devastating effect of these lockdowns in European employment.

While the United States has been able to recover fast and reduce unemployment to 6.8%, the Eurozone jobless rate rose to 8.3% before we consider the large figure of furloughed jobs that remain idle. The second wave of coronavirus in Europe has seen new government-imposed lockdowns and the impact on the economy is already severe Estimates for the fourth quarter gross domestic product assume a double-dip recession and another increase in unemployment.

Misguided lockdowns have created a deep and long-lasting impact on the economy and a dramatic social crisis, proving again that the response to the pandemic should have been similar to the one of Asian countries, that have successfully preserved health and the economy.

Employers all over the United States fear that a Joe Biden administration will impose lockdowns following the example of some European countries, and thus generating a new decline in the economy and a wave of bankruptcies and job losses. Instead of giving simple and effective protocols for business to endure the crisis, some governments whose members are completely disconnected from the day-by-day problems of small businesses and employers, resort to the drastic and ineffective measure of lockdowns because it gives more power to governments and the large corporations do not feel the impact as much as small enterprises.

Governments like the idea of lockdowns because it gives the impression of taking drastic measures to control the pandemic when, in reality, lockdowns simply destroy the business fabric and have proven to be extremely ineffective at reducing the mortality or hospitalization rate.

The concerns about a Biden-enforced nationwide lockdown are not exaggerated. Dr. Michael Osterholm, a coronavirus advisor to Joe Biden, said a nationwide lockdown of 4 to 6 weeks would help bring the virus under control in the U.S. and revive the economy. I am sorry to say that experience has shown us that none of those two things happen. Massive lockdowns did not help European countries control the virus, rather the opposite, and have destroyed the economy with long-lasting implications on jobs, bankruptcies, and wages. Meanwhile, countries that have not implemented lockdowns and have provided simple and effective protocols have achieved better results in health and the economy.

Many citizens in the United States ask themselves if the country will recover its record level of employment and low unemployment rate of 3.5% seen in March 2020 before the pandemic.  Even if the United States avoids government-imposed lockdowns, which would delay the jobs recovery for at least another 18 months, there is a grave concern about the likelihood of implementing more regulation, union control and higher taxes that will make it more expensive to hire personnel and more burdensome both in terms of hiring as well as reducing payroll.

The United States has been an example of job creation during the growth period but, more importantly, rapid job recovery in a complex crisis like the Covid-19 one. Adding rigidity to the labor market and increasing taxes will prove disastrous for small and newly created business, which are the largest job creators in the United States.

It is as simple as this.

The United States cannot have the wage growth and low unemployment it deserves by copying the labor market legislation of Greece, Spain or France, countries with extremely rigid job markets and high union intervention… and historically high unemployment.

The European Union used to have the same unemployment rate as the United States. Massive disincentives, a misguided excess of regulation and heavy taxes have created a divergence by which unemployment in Europe stands at almost twice the rate as in the United States.

The fallacy of “protecting workers” with high taxes to employers and heavy intervention in the labor market only protects governments. Unemployment is higher, wage growth is weaker, and the flexibility loss means lower opportunities for youth employment. Youth unemployment in the Eurozone and European Union is simply unacceptably high even in growth periods, and it is due to the barriers to employment created through aggressive intervention in the job market and government control. Incentives to hire are poor while disincentives to work are high.

If anything has been proven by the past two decades it is that more government, higher taxes and union intervention do not protect workers, they perpetuate unemployment, reduce wage growth and opportunities.

Lockdowns added to higher taxes and labor rigidity would likely prove very negative for the United States recovery. You cannot recover if you impose the burdens that some European countries have imposed. Labor market interventionism does not protect workers, it empowers politicians.

via ZeroHedge News https://ift.tt/36pKJC0 Tyler Durden

ECB Secretly Made “Dozens” Of Private Calls To Select Investors After Lagarde Announcement Debacles

ECB Secretly Made “Dozens” Of Private Calls To Select Investors After Lagarde Announcement Debacles

Tyler Durden

Tue, 12/01/2020 – 11:50

One of the biggest lies that has bizarrely persisted over the past century is that central banks are somehow working on behalf of “the people.” Nothing could be further from the truth, unless of course one’s definition of “people” are those high net worth individuals with a net worth in the millions.

And while we have repeatedly documented the often illegal sharing of inside information between the Fed and a handful of ultra-wealthy asset managers, today we get another confirmation that the ECB is no different.

According to the WSJ, the European Central Bank’s chief economist made “dozens of private calls” to banks and investors after policy meetings this year in what the ECB called “an unusual attempt to buttress the central bank’s sometimes-puzzling public communications.”

According to the report, the calls began in March, after the ECB’s commpletely clueless and communications-challenged President Christine Lagarde, whose most recent “success” was crushing the reputation of the IMF which lost tens of billions in its latest “bailout” of Argentina, stunned traders by suggesting at a news conference that the central bank wouldn’t prop up Italy’s bond market. And since it is borderline illegal for a central banker to spark any selling, and since Italian stocks and bonds slumped after her comments, this sparked a panic at the ECB where hours later the chief economist, Philip Lane placed separate calls to 11 banks and investors in which he sought to “clarify” Lagarde’s message.

ECB Chief Economist Philip Lane, right, called investors and banks after ECB President Christine Lagarde, left, gave policy press conferences.

Translation: he “explained” to a highly privileged group of ultra-wealthy investors not to sell their bonds because Lagarde had no idea what she was saying, and that he would make it clear to her what she “meant to say.”

Of course, this is hardly the first time the ECB has gotten in trouble for sharing market-moving confidential information with a group of “close friends.” It’s merely the last time… and the optics are as horrible as ever.  Indeed as the WSJ writes, citing former central bank officials – odd how it’s always former central bank officials who tell the truth, never current ones – said “the calls risked privileging big investors with sensitive information.”

Whereas central bankers carefully control their utterances and try to make sure all market participants get information at the same time – at least in public – diaries show that neither Lagarde’s predecessor, Mario Draghi, nor his chief economist, Peter Praet, made similar calls during their last two years in office. That’s because back then they were smarter: they would only share confidential, inside information face to face. Even so they still got caught, and in 2015, the ECB tightened its communication rules after a board member gave a closed-door speech to investors at a dinner that revealed changes to its bond-buying program.

Since then, the ECB was especially careful not to get caught leaking central bank flow information… until the inexperienced Lagarde took over and immediately found herself in a historic crisis, where every word mattered. The problem is that she had no idea how to calm markets and that’s why her chief economist had to follow through with just a handful of key accounts and explain that everything is ok and the ECB would stabilize the selloff “whatever it takes.”

“You don’t just pick up the phone and talk to the select few,” said the always aptly named Panicos Demetriades, a former member of the ECB’s rate-setting committee as head of Cyprus’s central bank. “Talking only to the big players is what you’re not supposed to be doing as the central bank. It’s not helpful for relations with the public.”

Alas the point where the plutocratic ECB cared about relations with the public is long past, and an ECB spokesman confirmed the calls. He said the bank decided in September 2019 to start the briefings after policy meetings—when Mr. Draghi was preparing to hand over the reins to Ms. Lagarde—but only began them in March. The briefings were set up shortly before Ms. Lagarde’s news conference on March 12, the spokesman said.

“In line with our transparency policies, we publish the names of the institutions where they work and ensure there is a rotation between institutions,” the spokesman said. “The purpose is to hear the views of economists who are ECB watchers and address any technical questions. The calls only touch on public information and their only focus is on the policy decision published beforehand.”

In short, the ECB admits that there is a select group of ultra VIPs who are privy to information that the rest of the world has to only guess at. A closer look at these VIPs:

On each occasion, Mr. Lane discussed the ECB’s recent decision with officials—often the chief economist—at a subgroup of 18 institutions, according to his public diary. They included investors such as AXA SA, BlackRock Inc. and Pacific Investment Management Co., and banks such as Citigroup Inc. Deutsche Bank AG , Goldman Sachs Group Inc, JPMorgan Chase & Co. and UBS Group AG .

The calls lasted 10 or 15 minutes, according to people who received them. Mr. Lane took questions on the ECB’s policy decisions and economic forecasts, but spent most of the time listening, they said. He clarified and fine-tuned the ECB’s message, and answered technical questions. Some of the people said they don’t recall that Mr. Lane divulged much new information. At least one other ECB staff member was on the calls too.

An AXA spokesman said Mr. Lane had spoken to the company’s chief economist following the ECB’s press conferences earlier this year, saying the conversations gave the group a chance to “digest the ECB’s announcements and ask any of the more technical questions we may have.”

“It would be desirable for all players to have access to relevant information at the same time. Otherwise, it’s not a level playing field,” said Stefan Gerlach, former deputy governor of Ireland’s central bank, pointing out the blatantly obvious.

So what does one have to do to get on that list? Well, according to the ECB “to get on Mr. Lane’s call list, the institution had to be a close follower of ECB policy.”

Being a close follower of the ECB, we have asked the ECB to put us on said list.

We will keep you updated on how “successful” we are. Sarcasm aside, what is disgusting about all this is that Lagarde has recently positioned herself as a huge backer of erasing the wealth divide (which central banks are responsible for) and just yesterday congratulated the new Treasury Secretary Janet Yellen whose motto is to restore the American Dream.

One wonders just how bringing power to the people works by only making a handful of “close ECB followers” richer with material, non-public information.

We are confident the “uncorrupted, independent” media will promptly ask Lagarde all these questions during the next ECB press conference (spoiler alert: they won’t).

via ZeroHedge News https://ift.tt/3lpZfhy Tyler Durden