He Sang “Girls”!!! (Update)

Buck Ryan learned the hard way.

The University of Kentucky has punished me in a “sexual misconduct” case, in part, for singing a Beach Boys tune covered by Alvin and the Chipmunks.

Under Administrative Regulation 6:1, Discrimination and Harassment, UK’s Title IX coordinator ruled that the song, “California Girls,” included “language of a sexual nature” and was somehow offensive, though no victims were identified.

Those nasty Beach Boys. Sure, they can use “boys” in their name, but that’s because they weren’t marginalized and enjoyed Boy Privilege. But girls?* Ryan used this song, replete with “language of a sexual nature,” in what some might consider a humorous fashion. Continue reading →

Whiter and Brighter, The Hidden Identity

When Elie and I were hashing out the problem of whites not showing sufficient concern for black problems, I made a point about the numbers. He was outraged at the fact that white voters didn’t care about black voters.

You have the privilege of disliking “political correctness” because the politically incorrect statements are never directed at you. You can be selfish because your human rights don’t rest on the whims of your former oppressors.

It must be nice. It must be nice to care only about what a candidate will do for you, and not have to worry about what he’ll do to you.

His complaint was about white selfishness, that it was wrong for white voters to not put the interest of black voters before their own, or any other interests. It was a curious view, “you’re so selfish for not making my concerns the center of your universe.” In the coming apocalypse of November 8, one reaction dealt with the failure of identity politics, the division of America into discrete interest groups, their capture of the Democratic party, and the zero-sum-game outcome. Continue reading →

Jeff Sessions Sucks (And So Can You)

There hasn’t been a person named by president-elect Donald Trump to any position who hasn’t been lambasted by the New York Times as the worst, most dangerous, choice for that position ever.  That goes for the Attorney General pick, Jeff Sessions.

It would be nice to report that Mr. Sessions, who is now 69, has conscientiously worked to dispel the shadows that cost him the judgeship. Instead, the years since his last confirmation hearing reveal a pattern of dogged animus to civil rights and the progress of black Americans and immigrants.

Based on his record, we can form a fairly clear picture of what his Justice Department would look like:

For starters, forget about aggressive protection of civil rights, and of voting rights in particular. Mr. Sessions has called the Voting Rights Act of 1965 a “piece of intrusive legislation.” Under him, the department would most likely focus less on prosecutions of minority voter suppression and more on rooting out voter fraud, that hallowed conservative myth. As a federal prosecutor, Mr. Sessions brought voter-fraud charges against three civil rights workers trying to register black voters in rural Alabama. The prosecution turned up 14 allegedly doctored ballots out of 1.7 million cast, and the jury voted to acquit.

What’s surprising about this, beyond arguing about “the years since” and relying upon the years before, is that they couldn’t find far worse stuff to say about Sessions. He’s a senator. He’s written tons of op-eds, spoken at a great many hearings, and that’s it?  Continue reading →

Believe Victims Or Evidence: When You Can’t Do Both

It’s surprising, and unsurprising, that the Arizona lege signed on to an advocacy position in law enforcement. As a political move, there’s nothing wrong with picking a team, as that’s how politicians get elected. But as a law-making body, the choice was odd.

When the Arizona Legislature adopted a resolution in 2014 supporting Start by Believing, it became the first lawmaking body in the nation to do so. Three other states have since followed — as have Arizona communities including Fountain Hills, Surprise, Apache Junction, and the Prescott Police Department. Several colleges around the state have signed up. In March, the Arizona State University Police Department renewed its support for the initiative; the year before, it became the first campus police force in the state to support it. According to theStart by Believing website, more than 130 communities in the United States and internationally have adopted the program.

What’s the “Start by Believing” program? It’s hard to nail down, as it’s comprised of many words that don’t actually say much.  The upshot of the message, as described, is to treat women alleging that they’ve been sexually assaulted “with compassion and respect and communicate a message of belief and understanding.” All kind words, so what could be wrong?

The characterization of the message says two distinct things: Continue reading →

Ten Pints Between Friends

It would have been thoughtful, if not wise, for 24-year-old Robert Scheuerer’s drinking buds to take his keys, tell him that he’s too drunk to drive. But then, they were his drinking buds and likely shit-faced too. And like Scheuerer, they too were cops.

[Suffolk County DA Tom] Spota said Scheuerer and other officers spent hours at a bar near the Third Precinct in Bay Shore, where he is assigned. Scheuerer got there about 10 p.m. and left at 2:49 a.m., the district attorney said.

During that time, he allegedly drank ten pints of beer, plus a margarita. Continue reading →

It’s In The Mail (Update)

Update: It appears that the claim that Colorado’s regs require disclosure of the item purchased is not accurate, and that I’ve fallen victim to, and am perpetuating by repeating, false information. If so (and I believe now it is), I apologize to every person I made stupider. Mea culpa.

Remember when you used to actually have to go to a store (pronounced, “/stôr/”) to buy stuff before you had the internet? Good times, right? But with the shift to online buying came the bane of a bureaucrat’s existence, loss of sales tax revenue. Without funds, they have no fiefdom can’t make your world wonderful.

And despite sales tax being terribly regressive, it’s beloved by governments everywhere, as it’s collected when your wallet is already out by someone else, who suffers your ire even though they only collect, not charge, it. But the shift to online shopping, combined with the Supreme Court’s Quill decision, stood to choke the life out of state and local governments. All that money changing hands, and they couldn’t get any of it.

Sure, they could pass laws requiring residents to keep track of their own purchases, calculate the sales tax and pay it as a “use tax,” but there was a problem: nobody would do it.*

Colorado, not satisfied with having a Rocky Mountain high, sought to make an end run around Quill. While the Court held that states could not compel out-of-state sellers with no in-state presence to collect and remit sales taxes, it didn’t hold that the state couldn’t require sellers to tell them stuff so they could find out which of their citizens were cheating the state out of its loot. Continue reading →

Did I Say “Thank You”?

If I did, it wasn’t enough. To all of you who have contributed to the cost of putting this screen on your computer by hitting the “donate” button on the sidebar. I sincerely appreciate it. Thank you for supporting SJ.

 

The Intransigent Judge Rayford Means (Update)

The American legal system is famously adversarial, which makes it all the more remarkable when the prosecution and defense agree on something. In Philadelphia, they agree that Donte Rollins deserves a new trial.

In a rare move, the Philadelphia District Attorney’s Office in April had agreed with the defense that a man convicted of attempted murder in a 2006 shooting that left a 6-year-old boy paralyzed should get a new trial.

Rollins was convicted upon the identification of one witness, despite video of his being elsewhere. For reasons that only make sense to jurors, the video was ignored, the testimony accepted and the conviction returned. Great system we have here. Thankfully, the burden is beyond a reasonable doubt.

But post-conviction investigation revealed tons more proof of Rollins’ alibi. Continue reading →

Game Theory: Twit For Tat

Like grasping a life preserver for dear life, the notion that faithless electors will vote for an alt-president has taken on its short life. Short, because the vote will come soon, and all but one elector will vote as expected. Can they ignore the votes of the people who elected them to be electors? Some can. Some can’t, bound by the law of their state to vote for the person they were elected to vote for.

Is it legally wrong to be a “faithless elector” in those states where the electors are not bound by law? Not at all. That’s part of the point of the electoral college, to put the decision into the hands of people who will protect the groundlings from themselves and the demagogues who would take advantage of their ignorance and foolishness. But it’s not going to happen. The discussion is purely academic. Donald Trump will be the next president.

What is not academic, however, is otherwise smart and intelligent people whipped into a frenzy of hate and fear to the extent of saying, and publicly expressing, some seriously crazy shit.  A twit by now-ex-Politico-soon-to-be-Atlantic journalist Julia Ioffe: Continue reading →