12/06/2009

Market (def)


A Market is simply [a real or virtual set of 1] somewhere[s] [physical, virtual, or other conceptual 2] things are bought [traded 3] and sold. (page 26),
  • 1] Assumed, the somewhere can be also virtual and can consist of a set of interrelated single markets.

  • 2] Things can be generalized to other than physical objects such as intelectual property, songs, software...

  • 3] Similarly bought and sold can be generalized to situations where the more conventional "money" transfer is replaced by some "payment" in kind.

There are at least 3 different markets:
  1. Goods Market -- Note: one can perhaps subdivide this into Consumables, Investment, and Tools, and probably others depending on how the good is "used", e.g. for "pleasure"..., for future wealth, or to permit production.
  2. Labor Market -- Again this may be divided into the purpose of the labor to the buyer, e.g. is it for immediate consumption or for producing goods.
  3. Financial Market --

Notes:
  • 0: My comments are generally normal or italic text where as the original author's are BOLD.

  • 1: One can "narrow" a market to dealing with a specific product or set at a specific location..., but it is important to remember that since money is fungible and since products are shareable, conplementary, and competative, the Market, for example, for food corn in Chicago is effected by the markets in New York, for Sugar and for Ethenal.

From:
How Markets Fail: The Logic of Economic Calamities
~ John Cassidy 2009
  • [D]escribes the rising influence of what he calls utopian economics—thinking that is blind to how real people act and that denies the many ways an unregulated free market can produce disastrous unintended consequences. He then looks to the leading edge of economic theory, including behavioral economics, to offer a new understanding of the economy—one that casts aside the old assumption that people and firms make decisions purely on the basis of rational self-interest.


Also see:

7/31/2009

Economic charts/graphs and discussions

The following are some sites
that generate

Charts/Graphs, on , or discuss
the Economic situation.

12/07/2009


Charts and Graphics
  • Dshort.com gives me {Doug Short. a retired first wave boomer with a Ph.D. in English from Duke. } a chance to combine several interests — economics, web design, and pro-bono financial counseling. I'm also a contributor to the Motley Fool Rule Your Retirement subscription service.

  • Visualizing Economics is an economics web site started in 2006 by Catherine Mulbrandon. I believe design can contribute to public debates by creating information-rich, easy-to-understand graphics revealing the meaning of data without hiding its complexity.

Blogs
  • Economix: (New York Times) will analyze the news and use economics as a framework for thinking about the world.
  • Rational Irrationality: (New Yorker): on economics, money, and more. by John Cassidy

Articles
Books

5/16/2009

Political Interaction sites

There are a growing number of sites that allow use, the citizens to "help" interact with our political leaders. The following is a list of these,

Set priorities of the Adminstration
  • White House 2 lets you set your own priorities for the United States

Develop you own bills
  • Open Government -- This online brainstorming session, open from May 21st to 28th, 2009, will enable the White House to hear your most important ideas relating to open government.
  • WikiGov (TBD)

Allocate the National Budget

  • Budget hero seeks to provide a values- and fiscal-based lens for citizens to examine policy debates during this election year.

5/13/2009

HealthCareUS-3

1) VOUCHERS -- Each person gets a yearly voucher to pay for the actuarial cost of their basic Health Care that can be used to purchase Health Insurance from any conforming health care insurance vendor.
  • The actuarial cost = The median cost based on the risk factors, e.g. Age, Weight, Gender... for the person and the area in which the person lives, to provide the health care for that individual

  • A conforming vendor = An insurance company who will accept all people and provide full payment for the covered treatments.

  • Note: The Government, e.g. Medicare will be the default vendor but the vouchers will be augmented, primerally by having the goverment provide centrallized billing, payment, approval free, so that the other insurers will be able to make a reasonable profit from just providing equivalent service and can increase their profit by providing extras such as:
    • Additional insurance -- Coverage for additional services can be offered at additional charges.
    • Reduced medical treatment costs -- Any savings will be shared 50% 50% by the patient and the insurance company, see 2)
    • Wellness support -- Any improvement in the patients risk factors will lead to a 50% - 50% savings for the first 5 years to the insurance company and the patient, and after that 50% to the patient.
    • etc.
2) SAVINGS -- Any savings in treatment costs will be shared 50/50 by the patient and the insurance company.
  • The patient and the insurance company can negotiate with the medical provider to obtain less expensive (equivalent) treatment,

  • Such negotiation may be done with medical providers within the area, or by getting the treatment in other less costly areas throughout the world from certified facilities.

  • Any savings will be shared by the patient and the insurance company so that both have "skin in the game", while still assuring that no one is denied treatment.

  • Similarly: The insurance company can pay for wellness services, e.g. Weight Reduction, Cholesterol Drugs... and any reduction in risks will be shared for 5 years even if the patient enrolees in another plan. After 5 years the patient continues to be rebated 50% of the risk savings.
3) ADMINSTRATION -- The Government will offer to do all the Record Keeping, Billing, Paying, Results collection, etc. at no charge.
  • This will be a mechanical process which will, in no way determine the HealthCareUS policies

  • This is estimated to currently cost the insurance companies 10-30% of their costs and thus will be a "hidden" subside to the independent insurers.

  • Obviously, if the insurance company has negotiated a different rate, they can get a rebate from the medical provider to be shared with the patient.

  • Any rebates will be reported to the government to be used to adjust the median costs for next year's vouchers.

  • This will centralize the Doctors billing and approval for the HealthCareUS procedures so that the Doctors paper load is decreased.

  • The results of the procedures will also be reported to the government so that the Cost/Benefit for various procedures can be computed by them or other interested parties.

  • This will also allow the quality of medical care can be made available to the insurers and the patients so that they can determine which providers to support.

  • If an insurance company is accepting HealthCareUS vouchers then it must at least report the costs and results of their services.
4) COVERAGE -- The procedures covered by the HelthCareUS will be determined as those that have highest benefit within the amount of money allocated by the government/tax payer.
  • Note: Any additional procedure can be covered by additional insurance or by direct payment for the patient, as is done now

  • Note: Any plan must determine which procedures they will cover, so does HealthCareUS, but in this case, those procedures are determined by the amount of money that we democratically determine to spend and then by the procedures that are most cost effective, rather than by some bureaucrat or CEO.
5) GRANDFATHERING -- Any current plan will be "grandfathered" in except that the tax benefit will be limited to the Voucher amount and any tax benefit over 50% of the voucher will be available only if the current plan provides at least the coverage of the HealthCareUP plan.

Also see:

2/18/2009

National Sunshine

Promote national sunshine (Preliminary) 0.1

Resolved: Until all Bills, Amendments, and Laws are posted days before they are discussed, voted on, or signed, I will contribute $4.00 a month to the opposition.

Background: The current national administration and representatives had committed that they would not take action on laws until they were posted 2-5 days on the internet. This commitment has been violated. This is important is it gives "We the People" a chance to understand the details of these potential laws and comment on them to our representative BEFORE they become law. Obviously not all bills will be read and understood by each of us, but the Internet allows them to be analyzed by the internet crowd and thus giving us a chance to see the implications of these bills.

Action: In order to give us this power, each Bill, Amendment, and Law must be available in FINAL form, on the internet, early enough so that it can be analyzed. I would prefer that they be available 7 days before they are officially discussed, voted on, or signed, thought the administration has proposed 2-5 days. Since they committed to post the bills and have not, I will contribute $1.00 to the opposition of the President and each of my Representatives, $4.00 in all, each month until there is a BINDING rule and the rule is followed. I suggest that others also follow this policy to show how important we feel it is that we can see what is being passed in our name soon enough that can have some effect on the laws.

Reference: For further information please see:
Petition site {TBD}
Pledge site {TBD}

12/08/2008

HealthCareUS

Health care

1) - Vouchers -- Provide Health Care insurance vouchers for every American, roughly $5,000 to allow them to purchase a basic coverage.

1) Details -- The vouchers will be set at a level so that they will pay for the cost of providing treatment at median costs for all the procedures that are authorized. Of course this coverage is for basic treatment and does not cover all possible procedures, luxuaries (private rooms, etc.) which can be covered out of pocket or by extra cost insurance. By default the vouchers will be handled by the government, USHC e.g. Medicare, but can be transfered to aemployer or insurance company who offers similar or improved insurance.

2) - Opt-in -- Requre that all insurance companies, hospitals, Doctors, etc. either Opt-in to covering all and accepting the coverage for the defined treatments or accept no vouchers or payment under the systems and post a notice that they are not in the USHC system.

2) Details -- The insurance company can opt-in to compete with the USHC system if they feel they can offer the same or better service to all patients due to their added efficenty, better nogotiating skills, perhaps better pro-active care, etc. Note: Any insurance company can pay for pro-active care and will collect 100% of the estimated savings if the patient goes to another provider. Similarly the Doctor can either offer to treat the covered procedures at the median level of payment, or opt-out and have these procedures paid for by the patient or by insureance that is not accepting vouchers.

3) - Shared Savings -- If the patient can get the treatment for less from a certified provider, then they and the insurance company splits the savings.

3) Details -- This allows the patient to get treatment fully covered, or negotiate with the provider, in the area, in some other state, or even abroad, and get less expensive treatment and split the savings with the instrance providor. Thus the patient has some "skin in the game" giving him a reason for controlling the price of the treatments. Similarly the insurance company is encurraged to point the patient to less expensive treatment, while still allowing the patient full freedom to choose their own doctor. Note: This will allow competation not only within the local area, but also between other areas in the country and the world, if they can offer equivalent treatments.


Obliously, all the technical improvements that lead to more cost effective treatment and better patient information will be included.

11/11/2007

Firefox Add-on (1)

  • StumbleUpon lets you "channelsurf" the best-reviewed sies on the web. It is a collaborative surfing tool for finding and sharing great sites.
  • iMacros was designed to automate the most repetitious tasks on the web. If there’s an activity you have to do repeatedly, just record it in iMacros. The next time you need to do it, the entire macro will run at the click of a button!
  • Email This! will send your recipient the link, title, & highlighted text of the page you are viewing using GMail, Google Apps GMail, Yahoo, Hotmail and Stand-Alone Mail Clients like Outlook Express, Thunderbird, & More
  • Fleck allows you to add Notes and Bullets to websites. You can then share these annotated pages with other people.
  • Rovr fetches posts from your favorite blogs about whatever you're browsing, showing summaries you can open in-place to read posts right on the page they’re about. Blogrovr also suggests popular items AND lets you Twitter about any site you're on too.
  • Trailfire allows you to mark pages that you find interesting by leaving notes right there on page. These notes are linked together into trails that you organize any way you want that can be shared with others. -- June 25, 2007 — 12 KB
  • Tags everywhere: shows related Del.icio.us tags on top of plain sites.
    In some cases extension shows related tags clouds below every item of sites list of some popular search engines (Google, Yahoo, MSN-Live.com) and web2.0 news (Digg and Reddit).
  • In the News: Highlight text in Firefox, right-click to see the latest related news stories. Mouse over any of the headlines to see a brief summary of the story. Click on any of the stories to have it open up in a new tab.— September 29, 2006 — 3 KB
  • DownloadHelper: downloads the video directly on your file system from YouTube, MySpace, Google videos, DailyMotion, Porkolt, iFilm, DreamHost and others.

  • Sparky is a free FireFox browser plugin built by Alexa,
    * Website Traffic Trend information -
    * traffic information including Reach and Rank -
    * Related Links for each page— July 18, 2007 — 46 KB
  • deliGoo: searches on the sites, indicated in your del.icio.us bookmarks. With its help you can find the necessary page according to any phrase or word, which it contains, deliGoo can create on your demand custom search engines on any del.icio.us tag.— September 15, 2007 — 14 KB
  • SearchWords: (*) Assign keywords to your search engines for quick and easy access to all of your search engines without using the search bar and without having to switch from your current search engine.
  • MileWideBack: (*) back in the browser history by clicking on the left border of the window,forward by right-clicking , middle-click to close the current tab, or rotate the mouse-wheel to cycle through your current tabs. (For optimal usability, please make sure that your window in maximized.) — October 21, 2006 — 3 KB
Rss readers (Bookmarks)
  • Brief makes reading RSS feeds as easy as it gets

8/09/2007

HealthCare

Objectives of a Health Care system (HCS)
  1. Universal "critical" treatment -- There are a number of deseases/treatments that we, as a society do not want to have un-treated, either because not treating them is not compasient or because not treating them will probably harm society. The HCS should ensure that these are treated.
  2. Take advantage of Market for Pricing and Selection -- The Free Enterprise market is effective at ensuring that the cost of services is related to their benefits and thus any HSC system should allow the Market to encurrage people to reduce their "over utilization" of the system by charging them for the services and rewarding them for choosing the more inexpensive ways of getting the service that they need. Conversely the market shoulld be used to encurrage the service delivorers to be economical in their practice while also permitting them to offer a verity of services and convieniences as their end customers will pay for them.
  3. Encurage preventive care and healthy behavior --
  4. Information Technology application -- Computers, the Internet, etc. probably can be effectively used to reduce the costs, medical errors, and increase the job satisfaction by, say: 10%. The HCS system should have a program for a reasonably funded prject to develop the 'best of class medical IT techniques, an environment for profitizing their use, and ensuring that the barriors to their implication are eliminated.

8/08/2007

Powered Kick Scooter

Go-Ped ($470.00 - $800.00)
  • CustomStreetToys -- 25710 Industrial blvd # 1
    Hayward, CA 94545
    Phone: (510)785-4805
    E-mail: customstreettoyz@sbcglobal.net

  • Neo Scooters makes it easy to compare gas scooters in feature and price with our easy to read chart.
Xtreme ($280.00 - $380.00)
Green Motor co $2,600.00 - $3,200.00 (near Halted, Lawrence & Central)
  • 3527 Ryder Street, Santa Clara, CA 95051 (408-739-9466)
    Email: info@greenemotor.com

7/11/2007

Iraq-New-Way

There are certain things that the United States could do to make it more effective in Iraq.
  1. Re-deploy its troops, decreasing those in Europe and Asia so that the Surge in Iraq could continue with the troops that are freed up from the rest of the world.
  2. Repatriate the first time, non-violent war prisoners and the dead to their country of origin and keep track of their number.
  3. Request that defense contractors increase their production 50% with no overtime to provide the arms needed for Iraq and to replenish those that were used by the war.
  4. Grant Citizenship to all the Iraqis and their immediate family who worked for the US for a reasonable time, est. 50,000, and to future employees, est. 1,000 per month.
  5. Start accounting for and punishing, with aireal bombing of the homes and training camps of any violent anti-American/insurgent combatants.
    • Note: This will be done after sufficient warning

    • The posting will be such that we can find the sites on Google Earth.

12/20/2006

US Military expansion

"Facts" (CSJ)
  1. Army has an authorized strength of some 514,000 troops, with about 30,000 of that total a temporary rise approved by Congress in the wake of the 9/11 attacks. The Marine Corps has 180,000 personnel.
  2. 700,000 National Guard and Army reservists, as of Jan 2004 -- Size of Military (PBS)
  3. Each increment of 10,000 soldiers added to the Army costs just a tick over $1 billion
  4. It would take at least two years to get them ready.
Draft (About)
  1. President Franklin Roosevelt signed the Selective Training and Service Act of 1940 which created the country's first peacetime draft
  2. Before the lottery was implemented in the latter part of the Vietnam conflict, Local Boards called men classified 1-A, 18 1/2 through 25 years old, oldest first.
  3. A lottery drawing - the first since 1942 - was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C.
  4. In 1973, the draft ended and the U.S. converted to an All-Volunteer military.
Troop Deployment (PBS)
  • 1969 - 3.1 M
  • 1975 - 1.9 M
  • 1977 - 2.1 M
  • 1981 - 2.1 M
  • 1985 - 2.2 M
  • 1989 - 2.0 M
  • 1993 - 1.6 M
  • 1997 - 1.4 M
  • 2001 - 1.4 M

"Links"
  1. Bush's move to supersize US military Christian Science Monitor
  2. Bush declares need for bigger army to fight extremists Asia-pacific

12/04/2006

Church (state) benefits

  1. Churches are automatically tax-exempt without the requirement of filing an Application for Tax Exempt Status (Form 1023). While other 501(c)(3) entities must report their financial status, activities, and compensation paid to directors and officers on an Annual Information Report (Form 990), churches are exempt from filing these annual informational returns.

  2. a church can elect to exempt its employees from FICA.

  3. any ordained, commissioned, or licensed ministers, priests, rabbis, members of a religious order, and Christian Science practitioners may elect to be exempt from self-employment taxes.

  4. Churches (and religious organizations) are exempt from federal and state unemployment taxes.

  5. ordained, commissioned, or licensed ministers, priests, or rabbis may exclude a housing allowance from their gross income,

Other links?

3/18/2006

single-payer

We are developing a discussion as to how to improve the US Health system. This discussion is motivated by the recognition that the cost Health care is increasing while it is still not structured so that some people are able to get it provided to them in a cost, and results benefit way. (The poorer and un-insured are able to get their treatment through the emergency system but only after their health has degraded and only via facility that was poorly designed and funded to treat normal medical problems)

The "Liveright" plan is a limited, base level, single payer system as follows:
  1. Full coverage -- Everyone would be covered from Cradle to Grave, funded from general taxes.
  2. Cost/Benefit -- The system would cover 100% of all reasonably "cost effective treatments", e.g. those that we, though our representatives, were willing to pay for. Any treatment would have a Cost/Benefit number associated with it which would represent the "cost of the treatment" divided by the "expected live or life extension" times the percent of live quality improvement",
  3. Optional treatments -- A treatment that was not Cost/Benefit justified might be partially covered up to the plan certified number. e.g. if the plan covered treatments up to $500/quality-year-extension, then an individual might choose to be treated for some more costly situation. If the cost of the most expensive procedure was estimated at $1000/quality-year-extension, then perhaps the plan would cover 50% of the cost, with the patient covering the other 50%.
  4. Optional providers -- The plan would pay for a standard provider for each treatment so that a patient could get treated for an essential service at not additional cost in his locality. -- If the patient wanted to get treated less expensively, by going to a more efficient doctor or location, including a foreign country, then any money he "saved" could be split with 50% of the savings being invested into a personal health savings plan. On the other hand if a patient preferred to be treated in a luxury manor and pay more than the standard, the base cost would be paid for and the excess would be paid for by the patient.
This plan would be paid for by general funds and tend to replace Medicare, Federal tax breaks on employer insurance, Emergency room subsidies, etc.

The Federal Government would be the payer of first resort and any un-paid balance would be passed through to the individuals "gap" insurer or back to the individual.

The plan is meant to provide Universal coverage of the treatments that we, as a society feel are cost effective while also allowing the patient, doctor, insurance companies, etc. to be involved in the cost of these treatments, thus allowing the free enterprise system to be effective in keeping down the costs while paying for the services and permitting the people who feel that they want to get better treatment to augment the system.




Note: most of the proposals to improve the system are usually a partial mixture of the following:
  1. No change -- Things are OK, or at least as good as any other system.
  2. Free Enterprise -- Reduce state, and perhaps federal regulation so that people can purchase the care that they want without having the government limiting their choices.
  3. Tort limits -- Cap and discourage the amount that can be recovered via tort law, e.g. Malpractice suits, etc. so that the cost to the providers is lower.
  4. Single Payer -- provide a low profit, often the Government, who will offer, and perhaps require that all people can get a level of health insurance/care. (Medicare as an example)
  5. Single Provider -- provide a single health system managed for the benefit of the patients and available to all. This could either be like the Vets hospitals or perhaps like Keiser.

Links:

2/27/2006

Abortion

Those of us who are "Right to Choose"rs do not force females to have abortions, but don't want them to have their choices reduced by having the law between them, their conscious, their doctor... Of course, I do realize that the "Right to Life"rs feel that the female, in choosing is killing another and thus it is reasonable to have the law involved.

What I suggest is that if we want to "understand" others we discuss whether they have considered how they would want the law to be written if it effected one of their loved ones. It seems to me that the South Dakota law, is stronger then they would want if they, their wife, or daughter were in a effected by it and still has some "holes" that if they were completely pro life they might like to fill. The following some un-structured thoughs as to things that are not or are considered.

Links:
  • Village Voice -- South Dakota's Genius Scheme to Outlaw Abortion -- The trick? Privately fund a public initiative overturning the 1973 Roe v. Wade decision
=================================

a) Condition of the pregnacy
  • Rape
  • Incest
  • Child Disabled, possibly severely
b) Effect on the mother
  • Permanent disability?
  • Death (YES)
  • impairment of a major bodily function of the pregnant woman
c) Punishment
  • 5 years for Doctor (YES), why not stronger for murder
  • No punishment for mother
  • No punishment for out of state
d) Considerations
  • Certainty of death -- What percent is "Necessary" -- Death of mother 100% if not?
  • Control on Doctor's judgement -- How does Dr. PROVE that it was necessary.
  • In Vitro (ovum - sperm)
  • Plan-B, Emergency contraceptive pill "or the subsequent implantation of a fertilized egg (zygote).", http://en.wikipedia.org/wiki/Emergency_contraception
  • Does exempt Contriseption methods, if applied before furtilization is testable.

==============================================

South Dakota law "thoughts"
  1. Life begins at fertilization, therefor the Morning after pill may be abortion
  2. It does have an exemption for the "impairment of a major bodily function of the pregnant woman"
  3. It does not, currently, apply to the mother or to out of state abortions.
Legislative "Findings"
  • Preserve unborn human life
  • Begins at fertilization
  • Abortion harms the mother's relationship with the child
  • Abortion is dangerous
  • Unborn has a right to life

2/23/2006

medical

Mayo Clinic -
Palo Alto Medical Center - (Long) (Ususal)##
WebMD help consumers take an active role in managing their health by providing objective healthcare and lifestyle information

Kosmix Health Search --

1/20/2006

reform

We will be seeing lots of discussion about reform of the Congress
  1. The Abramoff Scandal Newt Gingridge
  2. Dueling reform packages only cosmetic (Capital Hill Blue)
  3. Government Ethics and Election Reform (Public Citizen)
  4. The Democratic Plan for Honest Leadership and Open Government, U.S. Sen. Feingold [S. 1398, the Lobbying and Ethics Reform Act (pdf)]

google

Google has been requested, and is resisting, provinding searches and ip addresses to the Justice departments. The original subpoena, originally signed on August 25, 2005
  1. Court Documents & Summary Of US Versus Google Over Search Data (Search Engine Watch)

    1. United States vs. Google Jan 18, 2006 (pdf)

    2. Declaration Of Joel McElvain -- a declaration by Government attorney, the lead attorney for the U.S. DOJ in this matter. It also helps produce a timeline of events to this point, Jan 18, 2006 (pdf)

    3. Declaration Of Philip B Stark -- a declaration by the person to work on the project, a Professor of Statistics at the University of California, Berkeley. (pdf)

  2. DOJ "justificatin" for Google subpenia, Friday, Feb 24, 2004 (Yahoo/AP)
  3. In Case About Google's Secrets, Yours Are Safe, Jan 26, 2004 (NYT)
  4. Google is working with a US intelligence agency to provide much more detailed information on its search engine users than that being requested by the Justice Department.
  5. Would You Like Those Alphabetically? Google v. the U.S. Government (techliberation)
  6. Google Resists U.S. Subpoena of Search Data (NYT)
  7. FAQ on what does the Google subpoenia mean? (News.com) -- "The Child Online Protection Act makes it a crime for a commercial Web site to post material that some jurors might find "harmful" if a minor stumbled across it."
  8. What Do the Feds Really Want From Google? (Gipe2ed) -- Well, the U.S. Supreme Court for one, which in 2004 barred enforcement of COPA because, while the law was having no noticeable impact on child pornography, it was clearly demonstrating "potential for extraordinary harm and a serious chill
    upon protected speech."
  9. It's hilarious that the US Justice Department is taking Google to court (O'Reilly) with a subpoena for "1 million random Web addresses." Why don't they just ask the US Chamber of Commerce for those addresses? Or, hey, O'Reilly has a book that can help

1/18/2006

supreme court

The "Assisted Suicide" decision of the supreme court can be looked at a number of ways. [Slate] [wsj] I suggest that there are a number of levels upon which the court can decide a case and that if the court decides the law is illegal on one level, then it makes no judgement on the case at "lower levels"
  1. Stare Decisis (wikipedia) -- The decision was already made in a similar case and should not be changed because: a) External conditions have not changed b) The application of the law is practical c) It is not too wrongly decided that it must be reconsidered.
  2. Letter of the Law -- The law being considered is "clearly" inappropriately applied.
  3. State vs Nation -- There are conflicting laws, State and Federal, and it is clear that this is an area in which the State or Federal law is applicable, e.g. Federalism vs. Commerce clause, Implementation of Constitutional rights, etc.
  4. Constitutional -- The law is in conflict with the constitution
  5. Morality -- There is a moral/religious principal that the law violates
  6. Liberty -- The law limits the liberty of the citizens.
Note: people can state that they do not think that the court should decide on the basis of Morality and Liberty and that the Constitution's text and Will of the People should be the ultimate authority. -- For these people, if a law is immoral or restrictive that it should be eliminated by the legislatures, direct democracy, or the amendment process.

Note: it seems that the Assisted Suicide case was generally decided on the basis of "2)" e.g. the Federal law was not written to deal with the use of legal drugs for the purpose of suicide, and thus the State Law was not in conflict. On the other hand: Thomis decided that the Federal Law should take precidence, based on Stare Desisis, "1)" as the California law was similar enough, and Schela and Roberts decided that the Federal law was sufficiently broad to cover the case and that the federal law could "trump" the State law, "3)", based on I assume the comerce clause.

12/16/2005

legalities

In the past few days there have been some actions of the country that may, or may not be Legal or Desirable. This is a set of links to the discussions of them.


A) Domestic Wiretapping -- The NYT has reported that after Sept 11 the NSA (not a subgroup within the CIS) has started to 'wiretap' communications between US citizens (or to and from US locations) and Foreigners without getting authorization from the courts.
  1. Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say -- Source Document
  2. This is against the law. the law forbids warrantless surveillance of US citizens, and it provides procedures to be followed in emergencies (Washington Monthly)
  3. see: Gilmor comment
  4. FISA information: (This year about 1,758 wiretap requests were made, 1,754of which were approved) [Table] -- The orders started out at 200/year in 1979, increased to 600/year in 1984, (increased 80/year), were relatively constant till 1994, and then incrased t0 1758 in 2004 (increased 128/year) -- It is estimated that the "Bush" wiretaping increased this by 500+.
  5. Bush Defends Anti-Terror Tactics in Press Session Bush Press conf. 12/17/2005
  6. Media Matters:

B) White Phosphorus used by American Marines in the siege of Fallujah. -- There are reports that white phosphorus was used and some suggest that it may have been illegally used.
  1. Has the Coalition Used Chemical Weapons in Iraq? -- states that the use of W.P. is legal
  2. Incendiary Politics by Clinton W. Taylor -- points out that incendiary devices were used in San Francisco, recently by the left and that they are not writing about this use.

C) Prisoner interrogation -- What level of interrogation should be used, and is legal for various levels of people who the Government has seized and what is the meaning of the McCain amendment?
  1. The McCain Amendment -- The Good , The (Potentially) Bad , The Ugly , What Would the Law Be, Anyway? (Balkinizan)
    1. CIA "Immunity"
    2. Admission of Evidence Obtained by Torture?
    3. Limitations on Detainees' Access to Judicial Review
    4. McCain Torture Policy Undercut By Levin-Graham Amendment
    5. McCain and Graham/Levin/Kyl Amendments

a) What is torture vs.. "Cruel and Inhuman" treatment.

b) What was the law on treating Government "prisoners", and how does this law differ for the various subsets of these subjects, (US Citizens/US located people/Foreigners) (People imprisoned {in US Controlled land/outside the US}) {Criminals/Prisoners of War/Enemy combatants) (US Military personnel/CIA employees/Contractors/Foreign agencies)

c) What are the "Escape Clauses": redaction to other places, Belief that one was following legal orders, use of info even if illegally obtained?

=======================================

Note: These discussions are included in a more general set of questions, e.g.

1) State of War: Is the action authorized under normal US law, Undeclared WAR military actions, Authorized State of War?

2) Authorized vs Not Prohibited: is the activity specifically authorized, not prohibited, or prohibited, and if in the neither specifically authorized or prohibited, should it be "taken" or not, or should the "Spirit of the law" be considered?

3) Overriding legality: Is the action acceptable (or not) based on Generally agreed upon principals, upon the US law and approved treaties, upon US law specifically, upon general congressional authorizations based on the "state of war", upon the general Commander in Chief authorization, e.g. the President and his agencies are authorized to do anything in support of their War Powers responsibility.

d) Senate Rejects Extension of Patriot Act (Sunset Clauses) but this does not effect our War on Terror re: Al-Qaida, Hamas, see top of Page 2

Link:
  1. Gilmore

12/11/2005

redistricting

A congressional bill setting standards for redistricting all states objectively at the same time: H.R. 2642 and 4094 -- Already more than 60 U.S. House Members have signed onto such bills introduced this year by Congressman John Tanner and Congresswoman Zoe Lofgren.

Links:

12/01/2005

products

Nokia 1100 (SpeakOut) Cell Phone
Sony SFR-M37V Radio ~$35.00 -- FM/AM/Weather/TV Radio Walkman with 25 Memory Presets
Truly,net MP301 (256K) MP3 Player
SOFTWARE

11/23/2005

turnover

I have put "my" proposal for an "centerist" Iraq Turnover plan in Gillmor's Blog. It proposes:
  1. Stay thru the end of this year, 2005
  2. Train and equip about 20,000 Iraq troops/month (withdraw 1:2 of our troops)
  3. Withdraw as the Iraq provines determine (and perhaps faster)
  4. Commit to TOTAL withdrawal, and contract re-negotiation
  5. Pay about $2 b/month until we are withdrawn for reconstruction
Suggest
  • Oil revenues allocated per person (e.g. see: Instapundit on WSJ editorial)
  • Contracts terms limited to allow future modifications
I suggest that this proposal is not a "Cut and Run", but a plan for turning over the responsibility for protecting Iraq to its government and people as they determine and assisted by us, and perhaps as they are starting to request.

Also see:
Links:
I am Requesting that the material be provided in pm3 format (with Podcast notification) for the sites that do not so do, as follows, of course anyone else who supports this request might notify the stite that they also would like ml3 formats:

  • ==============================================
I may have requested this before, since they are generally devoid of
important, video content, also provide a standard MP3 audio feed/file for
the lectures, in addition to propriety video formats.

Note: At the head of the audio, of course you can put a "Copyright Comment" and a link to your restrictions so that people do not use the files in a way that you prefer they not use them.

Then, I'd like you to publish a PodCast for your lectures (and then perhaps
put in Itunes subscribe button)
  • =======================================
Ownership Society

11/18/2005

privacy

Summary of Privacy Taxonomy (LawMeme)
Fact and Fiction on Evolution: Intelligent design's five favorite myths (Reason)
Did the tax cuts actually help? The boom that wasn't: The economy has little to show for $860 billion in tax cuts (epi)

WMDgate: Fixing Intelligence Around Policy - The Aluminum Tubes, (LeftCoster)
    (see Introduction and Parts 1, 2A-1, 2A-2, 2A-3, 2A-4, 2A-5, 2B-1, 2B-2, 2C, 3, 3A , 4A) Iraq on the Record: Bush Administration officials about the threat posed by Iraq by Rep. Henry A. Waxman
    $100 laptop
    Making the Most of Your iPod With Internet Radio By WALTER S. MOSSBERG

    PROGRESSIVE TAXATION (Washington Monthly)
    Ten Democrat pledges (AlterNet)
    1. We Will Bring the Troops Home.
      We Will Crack Down on Corruption.
      We Will Make Public Officials Accountable,
      We Will Unleash New Energy for America.
      We Will Rebuild America First.
      We Will Make Work Pay Once Again.
      We Will Make Healthcare Affordable.
      We Will Protect Retirement Security.
      We Will Keep the American Dream Alive.
      We Will Provide Real Security for America.

    Links:

    11/01/2005

    Alito decisions

    What the Alito Nomination Means for Constitutional Law
    (Balkinization) (FindLaw) (TmpCage) (Wikipedia)
    Activist judge = Overturns laws (as pointed out before many definitons of activism are not objective and depend on the "after" the fact defininition of the commenter)

    Libertarian judge by James Ostrowski -- would tend to favor:
    1. The individual in any conflict with the government.
    2. State governments over the federal government.
    3. The legislature over the executive at any level of government.

    University of Michigan data
    Why the Senate Should Confirm Judge Alito: By SCOTT GERBER (FindLaw)

    Factors to consider when making a merit-based evaluation of a candidate
    1. Demonstrated judicial temperament
    2. Professional expertise and competence
    3. Absolute personal as well as professional integrity
    4. An able, agile, lucid mind
    5. Appropriate professional educational background or training
    6. The ability to communicate clearly, both orally and in writing, and especially the latter
    7. Resolute fair-mindedness
    8. A solid understanding of the proper judicial role of judges under our Constitution
    9. Ascertainable good health.

    Links: