655 Matching Annotations
  1. Feb 2024
    1. centralizing reforms of Pope Gregory VII calledfor a more professionalized clergy. Church officials should now betrained administrators, versed not only in the scriptures but also inthe principles of accounting and law. A papal decree of 1079 orderedthat cathedrals should establish schools for the training of priests,
    1. Dubbed “litigation terrorism” by Joseph Stiglitz, the Nobel prize-winning economist. ISDS is a corporate tribunal system

      for - litigation terrorism - ISDS - corporate tribunal system - Michael Levin - multi-scale competency architecture - example - adjacency - evolutionary biology - corporate law - climate crisis

      adjacency - between - corporate law - climate crisis - evolutionary biology - cultural evolution - adjacency statement - Biologist Michael Levin's multi-scale competency architecture of evolutionary biology seems to apply here - in the field of corporate law - Corporations can be viewed as one level of a social superorganism in a cultural evolution process - Governments can be viewed similiarly, but at a higher level - The ISDS is being weaponized by the same corporations destroying the global environment to combat the enactment of government laws that pose a threat to their livelihood - Hence, the ISDS has been reconfigured to protect the destroyers of the environment so that they can avoid dealing with their unacceptable externalizations - The individual existing at the lower level of the multi-scale competency architecture(the corporation) is battling to survive against the wishes of the higher level individual (the government) in the same multi-scale competency architecture

    1. Allegation: U.S. Marshals sneak up on suspect, kick him in the head, and take turns stomping on him while he’s unconscious. Unconstitutional excessive force? Tenth Circuit: You can’t sue federal officers for violating the Constitution. (IJ filed an amicus brief urging a different course.)

      follow case, bivens, federal officer immunity

    1. In what follows, we refer to text, audio, images, and videos as “content,” and to content that is to be blocked by a CSS system as “targeted content.” This generalization is necessary. While the European Union (EU) and Apple have been talking about child sex-abuse material (CSAM)—specifically images—in their push for CSS [12], the EU has included terrorism and organized crime along with sex abuse [13]. In the EU’s view, targeted content extends from still images through videos to text, as text can be used for both sexual solicitation and terrorist recruitment. We cannot talk merely of “illegal” content, because proposed UK laws would require the blocking online of speech that is legal but that some actors find upsetting [14].

      Defining "content"

      How you define "content" in client-side scanning is key. The scope of any policies will depend on the national (and local?) laws in place.

    1. Sizilien leidet gerade unter extremer Trockenheit, die zu großen Einbußen bei der Orangenernte führt. Sie gehört zu einem anhaltenden Prozess der Aridifizierung, durch den sich die Bedingungen in Sizilien immer mehr denen im heutigen Algerien annähern. Ausführlicher Bericht in der Repubblica über die mangelnde Vorbereitung der Region auf zunehmenden Wasserstress, unter anderem die mangelnde Aufgeschlossenheit für die Regeneration von Böden und Gewässern, wie sie das Nature Restoration Law der EU vorsieht. https://www.repubblica.it/green-and-blue/dossier/siccita--gestione-acqua/2024/02/08/news/siccita_sicilia_arance-422075670/

    1. Surprisingly, the American author who is quoted most in the OED isnot Mark Twain or Emily Dickinson or Edgar Allan Poe, but rather EdwardH. Knight, a patent lawyer and expert in mechanics who wrote the AmericanMechanical Dictionary and The Practical Dictionary of Mechanics. Knight isthe seventy-fourth-most cited author in the Dictionary, quoted morefrequently than Percy Bysshe Shelley, George Eliot or Ralph Waldo Emerson(who comes in at 116, the next-most quoted American).
    2. outfangthief, a tricky entry that took Murray three people andsix letters before he nailed its definition as ‘the right of a lord of a privatejurisdiction to claim for trial a thief captured outside the jurisdiction, and tokeep any forfeited chattels on conviction’.
    3. Maitland co-wrote History of English Law with Frederick Pollock.
    4. a fellowlexicographer and one of the Dictionary People, John Stephen Farmer, hadhis own legal drama. Farmer was writing a slang dictionary with WilliamHenley, and was struggling to publish the second volume (containing theletters C and F) of his work on grounds of obscenity. Farmer took hispublisher to court for breach of contract in 1891, and tried to convince a jurythat writing about obscene words in a dictionary did not make him personallyguilty of obscenity, but he lost the case and was ordered to pay costs.Eventually, he found fresh printers and avoided the Obscene Publications Actby arguing that his dictionary was published privately for subscribers only, notthe public, and the remarkable Slang and Its Analogues by Farmer and Henleywas published in seven volumes (from 1890 to 1904), with cunt and fuck andmany other words regarded as lewd on its pages. Farmer’s legal case and thepublic outcry that ensued was a clear deterrent for Murray.
  2. Jan 2024
    1. Some observers say law enforcement’sinvestigative capabilities may be outpaced by the speed oftechnological change, preventing investigators fromaccessing certain information they may otherwise beauthorized to obtain. Specifically, law enforcement officialscite strong, end-to-end encryption, or what they have calledwarrant-proof encryption, as preventing lawful access tocertain data.

      "warrant-proof" encryption

      Law enforcement's name for "end-to-end encryption"

    1. Last time, I decided to examine the question of Donald Trump’s disqualification by starting with the important stuff and working down to the minutiae (unlike a court of law, which goes the opposite direction). I started with the most important question of all: is it even legitimate to consider declaring a candidate disqualified? Should you ever take that decision away from the voters themselves? I answered yes, if the law includes qualifications, because we live in a republic, not a democracy.
  3. Dec 2023
    1. Über einen Bericht von Oil Change International über CCS. Die Fossilindustrie hat auch auf der COP28 - zum Teil erfolgreich -versucht, CCS als Weg darzustellen Emissionen Emissionen zu vermeiden, sodass sichfossile Brennstoffe weiter nutzen lassen. Regierungen planen gerade weitere 200 Milliarden in CCS zu investieren, obwohl es sich um unausgereift Technologien handelt, die bisher vor allem eingesetzt wurden, um CO2 für die Ölförderung zu gewinnen. https://www.desmog.com/2023/12/12/oil-industry-battles-push-for-phase-out-deal-at-cop28-with-promises-to-capture-carbon/

    1. Das Bemerkenswerte an dieser Aussage ist, dass sie klar zum Ausdruck bringt, was wir in system-theoretischen Begriffen als Produktion von Komplexität durch Selektion bezeichnen könnten. DerGrundgedanke ist, dass der Zettelkasten, wenn er richtig eingerichtet ist, in der Lage sein muss, vielmehr Komplexität zu erzeugen, als in den Zettelkasten eingeführt worden ist. Das ist eben der Fall,wenn seine Innenstruktur, wie Luhmann (1992a, S. 66) es formuliert hat, „selbständige kombinatori-sche Leistungen“ ermöglicht, so dass das, was der Zettelkasten bei jeder Abfrage mitzuteilen hat, im-mer viel mehr ist, als der Benutzer selbst im Kopf hatte.

      machine translation:

      The remarkable thing about this statement is that it clearly expresses what we might call, in systems theory terms, the production of complexity by selection. The basic idea is that the Zettelkasten, when set up correctly, must be able to generate much more complexity than was introduced into the Zettelkasten. This is precisely the case if its internal structure, as Luhmann (1992a, p. 66) put it, enables “independent combinatorial performances”, so that what the Zettelkasten has to communicate with each query is always much more than that user himself had in mind.


      Perhaps a usable quote to support my own theory, but certainly nothing new to me.

      Perhaps some interesting overlap with Ashby's law of requisite variety here? Perhaps an inverse version for creating variety and complexity?

  4. Nov 2023
    1. Naughton, John. “Ashby’s Law of Requisite Variety.” Edge.org, 2017. https://www.edge.org/response-detail/27150.

    2. Ashby's law of requisite variety may also be at play for overloading our system 1 heuristic abilities with respect to misinformation (particularly in high velocity social media settings). Switching context from system 1 to system 2 on a constant basis to fact check everything in our (new digital) immediate environment can be very mentally and emotionally taxing. This can result in both mental exhaustion as well as anxiety.

    3. It would seem that people who spend too much time online experience more anxiety. Could it be that we've evolved to only be able to manage so many inputs and amounts of variety of those inputs? The experiencing of too much variety in our environments and the resultant anxiety may be a result of the limits of Ross Ashby's law of requisite variety within human systems.

      This may also be why chaos machines like Donald Trump are effective at creating anxiety in a populace whose social systems are not designed to handle so many crazy ideas at once.

      Implications for measurements of resilience?

    4. a viable system is one that can handle the variability of its environment. Or, as Ashby put it, only variety can absorb variety.
    5. Ashby came up with the concept of variety as a measurement of the number of possible states of a system. His "Law" of Requisite Variety stated that for a system to be stable, the number of states that its control mechanism is capable of attaining (its variety) must be greater than or equal to the number of states in the system being controlled.
    1. the higher the activation energy to using a tool, the less likely you are to use it. Even a small amount of friction can cause me to go, oh, who cares, can’t be bothered
    1. Der Critical Raw Materials Actt wird von Industrie-Lobbies benutzt, um Einschränkungen beim Zugang zu Rohmaterialien abzubauen, und zwar auch dann, wenn es nicht um die Energieversorgung geht. IT-, Rüstungs- und Raumfahrtindustrie versuchen von der Krisensituation bei den neuen Energien zu profitieren. Die Libéation berichtet über einen neuen Report von Lobbying-Warchdogs. Die Liste der kritischen Rohmaterialien wurde bereits von 15 auf 34 Stoffe erweitert. https://www.liberation.fr/international/europe/ue-le-critical-raw-materials-act-un-open-bar-pour-lindustrie-miniere-20231112_HZUR6376QJCZVBM5IGIUR6V2QE/

    1. Zum stark verwässerten und wenig verbindlichen Renaturierungsgesetz der EU stellt die taz fest, die EU sei als verlässliche Partnerin für die ökologische Transformation ausgefallen. Es bleibt nur noch die kommunale Ebene. https://taz.de/Schwaches-EU-Renaturierungsgesetz/!5972203/

    1. In dem sogenannten Trilog-Verfahren haben sich Vertreter:innen des europäischen Parlaments und der europäischen Kommission auf eine endgültige Version des Nature Restoration Laws geeinigt, durch die bis 2030 20% der Land- und Wasserflächen der-unter Schutz gestellt bzw. wiederhergestellt werden sollen. Vor allem aufgrund des Einflusses der europäischen Volkspartei wurde die von der Kommission vorgelegte Version des Gesetzes stark verwässert. https://www.theguardian.com/environment/2023/nov/10/eu-strikes-landmark-deal-nature-restoration-law

    1. After a Sheriff’s K-9 attacked an unarmed, surrendering track driver

      The idea that people need costly training paid for with extorted money to know not to sick an attack dog on an unarmed surrendering suspect surrounded by law enforcement officers - against the protests of highly trained law enforcement officers - is absurd.

      Also, it wasn't a Sheriff's K-9 officer, it was Circleville Police K-9 Officer Ryan Speakman.

    2. That’s paid for by the state from a $40 million fund approved by the legislature.

      Per the #JustPowers clause of The Declaration of Independence, people can't grant powers they don't have to Gov, including legislators.

      Since I can't justly extort my neighbors to fund things I want, like training for local police, the legislature cannot justly do this either.

      The alternative would be to fund police training voluntarily through donations to a "training fund". Then the police funding would depend on what the local community is willing to support - not the whims of politicians.

      "Law enforcers" are mercenaries hired to impose political edicts on the masses, and they are funded with money extorted unjustly from the populace.

      They are predators on the people, not protectors as they are portrayed in media propaganda. Their only job is to keep the political racketeers tax slaves in-line.

  5. Oct 2023
    1. He pointed out that these questions penalize the more imaginative and favor those who are content to collect facts. Therefore, multiple-choice test statistics, in all their uses, are misleading.

      He = Banesh Hoffman

      This is tangentially similar to Malcolm Gladwell's claim that standardized testing for law school privileges certain types of thinkers over others, something which creates thinkers who are good at quick things with respect to time pressures rather than slower and more deliberate thinkers who are needed at higher level functions like the Supreme Court.

      See: The Tortoise and the Hare, S4 E2 of Revisionist History https://www.pushkin.fm/podcasts/revisionist-history/the-tortoise-and-the-hare

      testing imagination versus fact memorization/simple recall compared with thinking quickly under pressure or slowly with time and increased ability to reason

    1. https://en.wikipedia.org/wiki/Shmita

      During shmita, the land is left to lie fallow and all agricultural activity, including plowing, planting, pruning and harvesting, is forbidden by halakha (Jewish law).

      The sabbath year (shmita; Hebrew: שמיטה, literally "release"), also called the sabbatical year or shǝvi'it (שביעית‎, literally "seventh"), or "Sabbath of The Land", is the seventh year of the seven-year agricultural cycle mandated by the Torah in the Land of Israel and is observed in Judaism.

    1. das Jurastudium, in dem man eine Reihe von Organisations-Trickslernte und zugleich eine Art Augenmaß,

      In this interview, Lumnann indicates that he learned a number of organizational tricks while studying law.

      What specifically were these? Relation to his ZK?


      Any relation to Bruno First's memory work which grew out of his legal studies in the early 1900s?

  6. Sep 2023
    1. Die rohölproduktion in den USA wird in diesem Jahr ein Rekord-Hoch erreichen Etwa 25% der US-Emissionen werden durch Öl und Gas verursacht, das auf Bundesterritorien gefördert wird. Die New York Times zeigt ausgehend von einem Beispiel im Golf von Mexiko, warum es angesichts der Mehrheitsverhältnisse in Repräsentantenhaus und Senat und des konservativen obersten Gerichtshofs für die für die Biden-Administration extrem schwierig ist, die Zusage, dort keine weiteren Bohrungen zuzulassen, umzusetzen.

      https://www.nytimes.com/2023/09/28/climate/biden-drilling-leases.html

    1. Die österreichische Gasbranche startet - offenbar in Kooperation mit der Industriellenvereinigung - eine PR-Initiative gegen das Erneuerbare-Wärme-Gesetz. Dabei wird das Narrativ der der Technologie-Offenheit verwendet und mit Hinweisen auf Biomethan und Wasserstoff für den Erhalt der Gasheizungen argumentiert. Unkritische Widergabe einer APA-Meldung im Standard. https://www.derstandard.at/story/3000000188226/erneuerbare-waerme-gesetz-laesst-gasbranche-zittern

    1. Der Bundestag hat das Gebäudeenergie-Gesetz verabschiedet, auf Druck vor allem der FDP allerdings in einer deutlich abgeschwächten Form. Die beabsichtigte Klimawirkung wird bei weitem nicht erreicht. https://taz.de/GEG-endlich-verabschiedet/!5956352

      Berechnung der Klimawirkung des verabschiedeten Gesetzes von Malte Kreutzfeldt: https://graz.social/@mkreutzfeldt@mastodon.social/111035336689681413

  7. Aug 2023
    1. In computing, the robustness principle is a design guideline for software that states: "be conservative in what you do, be liberal in what you accept from others". It is often reworded as: "be conservative in what you send, be liberal in what you accept". The principle is also known as Postel's law, after Jon Postel, who used the wording in an early specification of TCP.

      https://en.wikipedia.org/wiki/Robustness_principle

      Robustness principle: be conservative in what you do, be liberal in what you accept from others.

    1. The fourth step is to Apply the Reflection. Adjust behavior based on reflection. We improve not for validation, we improve for ourselves (stoic philosophy)

      Document the journey in for example a journal. Make a comparison between what would be done in the past and what will be done in the future.

      Data collection. Measurement.

      Marginal Gains. It's sort of a daily continous Kolb's cycle but in a more lightweight form. I can already see the power in this. Absolute gem.

      Could also be overwhelming if applied to a lot. therefore, use the power law and focus on what is essential to life change. (thanks Dr. Benjamin Hardy.)

    1. Standard-Artikel über die Schwierigkeiten, in Österreich Großprojekte zur Energiewende administrativ und gegen den Widerstand lokaler Initiativen durchzusetzen. Die drei ausgewählten Beispiele zeigen, dass die Probleme und die Motive für den Widerstand sehr unterschiedlich sind. Die EU will mit dem Net Zero Industry Act die Zeit bis zur Umsetzung von Projekten auf maximal anderthalb Jahre verkürzen. https://www.derstandard.de/story/3000000182417/ueberforderte-behoerden-und-protestierende-buerger-bremsen-die-energiewende-aus

  8. Jul 2023
    1. Der Standard interviewt den deutschen Ökologen Josef Settele zum Renaturierungsgesetz der EU. Settele gehört zu den 6000 Wissenschaftlerinnen, die sich in einem offenen Brief für die Verabschiedung des Gesetzes ausgesprochen haben. Er bedauert, dass es Abstriche beim Schutz von Ökosystemen gab und weist darauf hin, das mit diesem Gesetz die Verpflichtung zum Schutz von 30% der Gesamtfläche noch bei weitem nicht erfüllt ist. https://www.derstandard.at/story/3000000179484/das-gesetz-sichert-unsere-ern228hrung

      Offener Brief von 6000 Wissenschaftler:innen zur Unterstützung des Nature Restoration Law: https://zenodo.org/record/8128624

    1. The lawsuit against OpenAI claims the three authors “did not consent to the use of their copyrighted books as training material for ChatGPT. Nonetheless, their copyrighted materials were ingested and used to train ChatGPT.”
    1. New York-based startup DoNotPay created an AI-based way for people to contest traffic tickets—a user would wear smart glasses that would feed it information to say in court generated by AI—but before the creator could introduce it in court, he said he got threats from multiple bar associations about “unauthorized practice of law,”
    1. Robert Maynard Hutchins (January 17, 1899 – May 14, 1977) was an American educational philosopher. He was president (1929–1945) and chancellor (1945–1951) of the University of Chicago, and earlier dean of Yale Law School (1927–1929).
    1. (b) Criminal penalties.—Section 4(d)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended— (1) in subparagraph (A)— (A) by inserting “(e),” after “(d),”; and (B) by striking “or” after the comma at the end; (2) in subparagraph (B)— (A) by inserting “(e),” after “(d),”; and (B) by adding “or” after the comma at the end; and (3) by inserting after subparagraph (B) the following: “(C) knowingly violates section 3(e),”; and (4) in the matter following subparagraph (B)— (A) by striking “knowing that” and all that follows through “treaty or regulation,”; (B) by striking “said”; and (C) by inserting before the period “or prohibited wildlife species concerned”.

      (d) Criminal penalties (1) Any person who-

      (A) knowingly imports or exports any fish or wildlife or plants in violation of any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title), or

      (B) violates any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $350,

      knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation, shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants.

      (2) Any person who knowingly engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation shall be fined not more than $10,000, or imprisoned for not more than one year, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants.

      (3) Any person who knowingly violates subsection (d) or (f) of section 3372 of this title-

      (A) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the offense involves-

      (i) the importation or exportation of fish or wildlife or plants; or

      (ii) the sale or purchase, offer of sale or purchase, or commission of an act with intent to sell or purchase fish or wildlife or plants with a market value greater than $350; and

      (B) shall be fined under title 18 or imprisoned for not more than 1 year, or both, if the offense does not involve conduct described in subparagraph (A).

      (4) Any person who knowingly violates section 3372(e) of this title shall be fined not more than $20,000, or imprisoned for not more than 5 years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.

    2. (a) Civil penalties.—Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended— (1) by inserting “(e),” after “(d),”; and (2) by inserting “, (e),” after “subsection (d)”.

      §3373. Penalties and sanctions (a) Civil penalties (1) Any person who engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates subsection (d), (e), or (f) of section 3372 of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty assessed shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less.

    3. Animal Welfare Act (7 U.S.C. 2131 et seq.), and—

      From Title 7-AGRICULTURE CHAPTER 54-TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

      §2131. Congressional statement of policy The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order-

      (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment;

      (2) to assure the humane treatment of animals during transportation in commerce; and

      (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen.

      The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use.

      ( Pub. L. 89–544, §1(b), formerly §1, Aug. 24, 1966, 80 Stat. 350 ; Pub. L. 91–579, §2, Dec. 24, 1970, 84 Stat. 1560 ; renumbered and amended Pub. L. 94–279, §2, Apr. 22, 1976, 90 Stat. 417 .)

    4. “(2) LIMITATION ON APPLICATION.—Paragraph (1) does not apply to any person that— “(A) is an institution accredited by the Association of Zoos and Aquariums; “(B) is a facility that— “(i) has an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding of prohibited wildlife species; and “(ii) does not breed, acquire, or sell prohibited wildlife species other than the species covered by such contract; “(C) is a State college, university, or agency, or State-licensed veterinarian; “(D) is a wildlife sanctuary that cares for prohibited wildlife species, and— “(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; “(ii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of such animals; “(iii) does not breed the prohibited wildlife species; “(iv) does not allow direct contact between the public and prohibited wildlife species; and “(v) does not allow the transportation and display of prohibited wildlife species off-site; “(E) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; “(F) is in possession of a prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and— “(i) not later than 180 days after the date of the enactment of the Big Cat Public Safety Act, is registered with the Animal and Plant Health Inspection Service; “(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and “(iii) does not allow direct contact between the public and prohibited wildlife species; or “(G) holds a valid Class C license under the Animal Welfare Act (7 U.S.C. 2131 et seq.), and— “(i) regularly travels across State lines to conduct circus performances featuring live prohibited wildlife species, clowns, and aerial acts; “(ii) engages in such travel and conduct before January 1, 2015; and “(iii) does not allow direct contact between the public and prohibited wildlife species.”.

      Now reads:

      (2) Limitation on application Paragraph (1) does not apply to-

      (A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing and if the entity or facility-

      (i) does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is-

      (I) a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training);

      (II) a licensed veterinarian (or a veterinary student accompanying such a veterinarian); or

      (III) directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Secretary with justifications that the plan-

      (aa) reflects established conservation science principles;

      (bb) incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and

      (cc) promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; and

      (ii) ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact;

      (B) a State college, university, or agency, or a State-licensed veterinarian;

      (C) a wildlife sanctuary that cares for prohibited wildlife species, and-

      (i) is a corporation that is exempt from taxation under section 501(a) of title 26 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such title;

      (ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals;

      (iii) does not breed any prohibited wildlife species;

      (iv) does not allow direct contact between the public and any prohibited wildlife species; and

      (v) does not allow the transportation and display of any prohibited wildlife species off-site;

      (D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or

      (E) an entity or individual that is in possession of any prohibited wildlife species that was born before December 20, 2022, and-

      (i) not later than 180 days after December 20, 2022, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service;

      (ii) does not breed, acquire, or sell any prohibited wildlife species after December 20, 2022; and

      (iii) does not allow direct contact between the public and prohibited wildlife species.

    5. (2) by amending subsection (e) to read as follows: “(e) Captive wildlife offense.— “(1) IN GENERAL.—It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any live animal of any prohibited wildlife species.

      (e) Captive wildlife offense (1) In general Except as provided in paragraph (2), it is unlawful for any person to-

      (A) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce; or

      (B) breed or possess;

      any prohibited wildlife species.

    6. (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking the semicolon at the end and inserting “; or”; (ii) in subparagraph (B)(iii), by striking “; or” and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking “(1) through (3)” and inserting “(1) through (3) or subsection (e)”; and

      §3372. Prohibited acts, Subsection a: (a) Offenses other than marking offenses It is unlawful for any person-

      (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;

      (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce-

      (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; or

      (B) any plant-

      (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-

      (I) the theft of plants;

      (II) the taking of plants from a park, forest reserve, or other officially protected area;

      (III) the taking of plants from an officially designated area; or

      (IV) the taking of plants without, or contrary to, required authorization;

      (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

      (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants;

      (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18)-

      (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or

      (B) to possess any plant-

      (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-

      (I) the theft of plants;

      (II) the taking of plants from a park, forest reserve, or other officially protected area;

      (III) the taking of plants from an officially designated area; or

      (IV) the taking of plants without, or contrary to, required authorization;

      (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

      (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or

      (4) to attempt to commit any act described in paragraphs (1) through (3) or subsection (e).

    7. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended—

      Changes to this section: §3372. Prohibited acts

    8. SEC. 7. Administration.Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: “(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).”.

      Added here:

      §3376. Administration (a) Regulations (1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of sections 3372(f), 3373, and 3374 of this title.

      (2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of section 3372(b) of this title for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.

      (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3372(e) of this title.

    9. SEC. 6. Forfeiture of prohibited wildlife species.Share ThisSection 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting “bred, possessed,” before “imported, exported,”.

      "bred, possessed" added here:

      §3374. Forfeiture (a) In general (1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3372 of this title (other than section 3372(b) of this title), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section 3373 of this title.

    10. “(a) Breed.—The term ‘breed’ means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction”.

      Definition

    11. Federal control of the intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in prohibited wildlife species.

      Argument: Federal control of intrastate possession of prohibited wildlife species (i.e., big cats) cannot be effective without control of interstate incidents of traffic of these species

    12. The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of legal wildlife trade in the United States was recently estimated at $2,800,000,000 annually.

      What is the source of this figure?

    13. To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes.

      Stated purpose

    1. For any action, habit, and belief you have, ask yourself: "Does this help toward my goals and future self or not?", if the answer is no, it is a distraction and part of the 80% you need to let go in order to reach 10X

      Your future self and 10X (or 100X) vision and goals serve as a massive filter for action and belief.

      Note: You should not 10X everything! Just 3 priorities.

    2. Counterintuitively, the 10X mindset and goal setting is not about goals. It is about identifying the essential PROCESSES that lead to significant progress.

    3. What is the game you want to play? What is the game you could play? What is a game you could go all in on and succeed at and be really good at?

      This defines your pathways and strategies within your 20%

      The path can change and adjust over time.

    4. To achieve goals, raise the floor, FOCUS on removing bottlenecks. Also create constraints by Schwerpunkt (primary objective), contrary to common wisdom, constraint actually gives freedom, it prevents analysis paralysis.

  9. Jun 2023
    1. Something to introduce into your yearly review is to reflect on the period and find out what your 10x cycles were.

      A 10x mindset is defined by letting go of the 80% that isn't useful, and focusing on the 20% that is essential while building 80% new skills or standards that benefit your purpose. A lot of true progress requires sacrifice (stripping down that which is not beneficial or essential).

      Related to what Mihaly Csikszentmihaliy, author of Flow, calls the Ulterior purpose, where the purpose serves as a big filter to focus on what actually matters. Antonin Sertillanges gives a similar account in The Intellectual Life

      The solid maxim: Big change requires great sacrifice.""

      Likely, identifying the essential 20% (and the 80% to learn) requires a lot of introspection and reflection. Something that will help significantly is Kolb's.

    1. But that failed when Congress took another step and passed an amendment to the Resource Conservation and Recovery Act in 1986, which held that no owner or operator of an underground storage tank could transfer that liability to someone else.

      All contractual liability transfers should be banned.

    1. Citation

      Duane, James, The Right to Remain Silent: A New Answer to an Old Question (February 2, 2012). Criminal Justice, Vol. 25, No. 2, 2010, Available at SSRN: https://ssrn.com/abstract=1998119

    1. § 1003.36 Record of proceeding. The Immigration Court shall create and control the Record of Proceeding.

      Regulation providing that the Immigration Court is responsible for creating and controlling the Record of Proceeding.

    1. we present a novel evidence extraction architecture called ATT-MRC

      A new evidence extraction architecture called ATT-MRC improves the recognition of evidence entities in judgement documents by treating it as a question-answer problem, resulting in better performance than existing methods.

    1. We also compare the answer retrieval performance of a RoBERTa Base classifier against a traditional machine learning model in the legal domain

      Transformer models like RoBERTa outperform traditional machine learning models in legal question answering tasks, achieving significant improvements in performance metrics such as F1-score and Mean Reciprocal Rank.

    1. Learning heterogeneous graph embedding for Chinese legal document similarity

      The paper proposes L-HetGRL, an unsupervised approach using a legal heterogeneous graph and incorporating legal domain-specific knowledge, to improve Legal Document Similarity Measurement (LDSM) with superior performance compared to other methods.

    1. Foreign companies selling into the U.S. are subject to sales tax regimes to the extent there is nexus with the state, which can be established, among other ways, through a physical contact with the state (payroll, property, agents, and inventory held under the Fulfillment by Amazon arrangement) or substantial sales exceeding economic thresholds enacted in light of the Wayfair decision.
    1. European Law Identifier (ELI) and the European Case Law Identifier (ECLI), which provide technical specifications for Web identifiers and suggestions for vocabularies to be used to describe metadata pertaining to legal documents in a machine readable format. Notably, these ECLI and ELI metadata standards adhere to the RDF data format which forms the basis of Linked Data, and therefore have the potential to form a basis for a pan-European legal Knowledge Graph.

      ELI (european law identifier) ECLI (European case law identifier) technical specification for web identifiers suggested vocabularies for metadata goal : legal documents in machine readable format.

      But some counties don't have this implemted and that stands in the way of a pan-European legal Knowledge Graph.

    1. The common aim of lawmakers is to achieve effective legislative texts, namely tests that with the synergy of the other actors in the legislative pro‐ cess can produce the desired regulatory results. However, the process for achieving this common goal is not identical. Broadly speaking, civil and common law countries differ in their approaches.

      Plain Language Movement: Common law and civil law differ in their approaches.

  10. Apr 2023
    1. Johnston, J. & Sullivan, M. (2020). Parental Alienation: In Search of Common Ground Fora More Differentiated Theory. Family Court Review, 58(2), 270–292.
    2. Fidler, B. J., Deutsch, R. M., & Polak, S. (2019). “How am I supposed to treat these cases?”Working with families struggling with entrenched parent–child contact problems. InL. Greenberg, B. Fidler, & M. Saini (Eds.), Evidence-informed interventions forcourt-involved families (pp. 227–259). New York, NY: Oxford University Press
    3. Fidler, B., & Bala, N. (2020). Concepts, controversies and conundrums of alienation:Lessons learned in a decade and reflections on challenges ahead. Family CourtReview, 58(2), 576-603
    1. Michael Bone and Brian Ludmer, in particular, have written on this issue.  Note especially that lawyers without strong experience in this area will be highly likely to lose your case.  Experience in other areas of law is insufficient for lawyers to win alienation cases.
    1. and passes the DaubertgatekeepingExpert testimony on parental alienation “aided the court by providing a counterintuitiveexplanation as to the dynamics...present in [the] situation.”Expert testimony met the threshold level of reliability ~ DaubertstandardSupreme Judicial Court of Maine(Bergin v Bergin, __ A.3d __ (2019)) (2019 WL 3788326
    2. The phenomenon of PA is “well known”...-“Thephenomenaofparentalalienationarewellrecognizedinternationallyand,s a d l y,arefrequentlyallegedorencounteredincustodyandvisitationlitigation....Thespecificterm‘parentalalienation’doesnotyetappearasa psychiatricdiagnosisintheofficialclassificationoftheAmericanPsychiatricAssociation,althoughitsfeaturescommonlymaybesubsumedunderoneormoreotherdiagnosticcategories...”McClainv. McClain, 539S. W.3d 170,182(2017)(CourtofAppealsofTennessee
    1. Developmental Psychology and the Scientific Status of Parental AlienationJennifer J. Harman 1 , Richard A. Warshak 2 , Demosthenes Lorandos 3 , and Matthew J. Florian 41 Department of Psychology, Colorado State University2 Independent Practice, Richardson, Texas, United States3 Psychlaw.net, Ann Arbor, Michigan, United States4 Eris Enterprise, LLC, Fort Collins, Colorado, United State
    1. criteria proposed by Judge Richard Dollinger are related to scientific and clinical issues that provide the basis for expert testimony in cases where PA is alleged.
    2. Up until recently, there were no legal criteria for defining parental alienation. Now we have some guidance from New York State. The recently decided NYS AD case of JF v. DF (NY Law Journal, 12/27/18; filed 12/06/18) provides legal criteria for identifying parental alienation (PA) based on tort law. These criteria are intended to differentiate parental alienation from more conventional examples of poor parenting, such as missed phone calls or the occasional vulgarity or snide remark about the other parent.
    1. Recommended Resource

      Since Unit 4 mentions some CC license infringement cases as examples, I recommend adding a court case from the Netherlands of a photographer suing a website for using their photo without permission or compensation. The name of the court case is below.

      ECLI:NL:RBMNE:2021:5887

      The court case ended with the judge awarding the photographer (plaintiff) the following damages (excerpt is from the court case records).

      "5.4. orders [defendant] to pay to [plaintiff] against proof of discharge:

      € 450.00 in damages, increased by the statutory interest as referred to in Article 6:119 of the Dutch Civil Code, with effect from 11 June 2021 until the day of full payment,

      € 67.50 in extrajudicial collection costs,

      5.5. orders [defendant] to pay the costs of the proceedings on the part of [plaintiff], estimated at € 2,036.30 until the judgment of this judgment, of which € 1,702.00 in salary for the authorized representative."

      This case demonstrates the enforceability of the CC license in other countries, such as the Netherlands.

    1. Recommended Source

      Under the "More on Philosophies of Copyright" section, I recommended adding the scholarly article by Chinese scholar Peter K. Yu that explains how Chinese philosophy of Yin-Yang can address the contradictions in effecting or eliminating intellectual property laws. One of the contradictions is in intellectual property laws protecting individual rights while challenging sustainability efforts for future generations (as climate change destroys more natural resources.

      Yu, Peter K., Intellectual Property, Asian Philosophy and the Yin-Yang School (November 19, 2015). WIPO Journal, Vol. 7, pp. 1-15, 2015, Texas A&M University School of Law Legal Studies Research Paper No. 16-70, Available at SSRN: https://ssrn.com/abstract=2693420

      Below is a short excerpt from the article that details Chinese philosophical thought on IP and sustainability:

      "Another area of intellectual property law and policy that has made intergenerational equity questions salient concerns the debates involving intellectual property and sustainable development. Although this mode of development did not garner major international attention until after the 1992 Earth Summit in Rio de Janeiro, the Yin-Yang school of philosophy—which “offers a normative model with balance, harmony, and sustainability as ideals”—provides important insight into sustainable development."

    1. Tradesmen, too, were quick to see that the exchange might be worked to their advantage; they brought unsaleable stock from their shops, exchanged it for labour notes, and then picked out the best of the saleable articles. Consequently the labour notes began to depreciate; trouble also arose with the proprietors of the premises, and the experiment came to an untimely end early in 1834.

      The labour exchange at Gray's Inn Road which began on September 3, 1832, which was based on Robert Owen's idea in The Crisis (June 1832), eventually collapsed in 1834 as the result of Greshham's Law in which "bad money drives out good." In this case, rather than money the object was the relative value of goods which were exchanged based on Labour notes. Labour notes were used to exchange unsaleable stock in shops for labour notes which were then used to purchase more valuable goods. This caused depreciation of the labor notes ultimately causing the experiment to collapse in 1834.

  11. Mar 2023
    1. Justice in the context of consumption corridorsmeans that every person deserves access to a defned minimum level ofecological and social resources necessary to be able to live a good life,solely because they are a human being (what scholars call a natural-law-based perspective on justice).
      • Definition - Natural Law
      • a natural law based perspective of justice claims that every person deserves access to a defined minimum level of ecological and social resources necessary to live a "good life".
    1. The old saying "a bad penny always turns up" is a colloquial recognition of Gresham's Law.

      The colloquialism "a bad penny always turns up" is recognition of Gresham's law because the bad (cheap) pennies will be in higher circulation compared with purer or more valuable copper pennies which will have been hoarded or left circulation.

    2. In economics, Gresham's law is a monetary principle stating that "bad money drives out good". For example, if there are two forms of commodity money in circulation, which are accepted by law as having similar face value, the more valuable commodity will gradually disappear from circulation.[1][2] The law was named in 1860 by economist Henry Dunning Macleod after Sir Thomas Gresham (1519–1579), an English financier during the Tudor dynasty. Gresham had urged Queen Elizabeth to restore confidence in then-debased English currency. The concept was thoroughly defined in medieval Europe by Nicolaus Copernicus and known centuries earlier in classical Antiquity, the Middle East and China.

      Gresham's law is an economic monetary principle which states that "bad money drives out good."

      It relates to commodity value, particularly in coinage, where cheaper base metals in coins will cause more expensive coinage to disappear from circulation.

  12. Feb 2023
    1. Entsprechend groß war die Neugier seiner Schüler und Kollegen, die den Kasten analysieren wollten. Doch jahrelang stritten Luhmanns Kinder vor Gericht um den wissenschaftlichen Nachlass, an eine Aufarbeitung war lange nicht zu denken. Erst 2011 konnte die Universität Bielefeld Luhmanns geistige Hinterlassenschaften kaufen. Und nun, seit Anfang des Jahres, wird tatsächlich erforscht, was es auf sich hat mit diesem Kasten, der in Soziologenkreisen schon mal als Heiliger Gral bezeichnet wird.

      google translate:

      The curiosity of his students and colleagues, who wanted to analyze the box, was correspondingly high. For years, however, Luhmann's children fought in court about the scientific legacy, and for a long time there was no question of a reappraisal. It was not until 2011 that the University of Bielefeld was able to buy Luhmann's intellectual legacies. And now, since the beginning of the year, research has actually been going on into what this box, which sociologists have sometimes referred to as the Holy Grail, is all about.

      Bielefeld University sued Luhmann's estate (his children) over his intellectual legacy. In 2011 they were finally able to purchase his papers, but research on his papers and zettelkasten didn't begin until early 2015.

  13. Jan 2023
    1. contractual relations of individual and collectivity (in the formof written ship’s articles specifying shares of booty and ratesof compensation for on-the-job injury

      Pirate ships as forms of political organization and collective action!

    1. Αντ’ αυτού η Δέσποινα οδηγήθηκε σε έναν απομακρυσμένο θάλαμο νοσηλείας λόγω της αναμονής των αποτελεσμάτων του τεστ για covid, χωρίς κουμπί ειδοποίησης, όπου της χορηγήθηκαν παυσίπονα και υπόθετο.

      Ενα αισχρό περιστατικο αυθεντίας των ιατρών που μαθεύτηκε και εφτασε στο δικαστήριο - πόσα άλλα εχουν συμβεί? Μήπως η ανεξέλεγκτη εξουσία των ιατρών (ποια αντίμετρα υπάρχουν?) και ο συνακόλουθος ανθρωπότυπός τους, που ομοιάζει σε αυτό των (ατιμώρητων) αστυνομικών ειναι που οδηγεί σε τετοια συμβαντα & συμπεριφορές?

    1. (b) Motion to Advance — A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion.  A motion to advance should completely articulate the reasons for the request.  The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing.  See Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages).

      Immigration Court Practice Manual guidance on Motions to Advance hearing date.

    1. too much focus on the ‘indie’ (building complicated self-hosted everything-machines) and not enough on the ‘web’
    1. W aktualnym stanie prawnym działalność nie podlega obowiązkowi rejestracji w przypadku, gdy miesięczny przychód z takiej działalności nie przekracza kwoty 50% minimalnego wynagrodzenia za pracę. Obecnie pensja minimalna wynosi 3010 zł, w związku z czym w 2022 roku wspomniany miesięczny limit jest równy kwocie 1505 zł
    1. (F) It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer, private police officer, or investigator of the bureau of criminal identification and investigation was for a lawful purpose.

      It would seem that this applies to anyone since it is an affirmative defense to "no person" in section (B).

      So, as long as one was impersonating a police officer "for a lawful purpose" (note, not any specific lawful purpose, or even one that has been declared in advance) it seems that anyone may impersonate a peace officers, private police, or even federal law enforcement.

      You'll have to explain it away in court after the fact if charged though.

  14. Dec 2022
    1. Conway’s Law is sometimes referred to as “shipping your org chart”. If you’ve been in professional software development for a while, you’ve likely come to respect its power and inevitability. How your team is structured is always visible in the product you produce, and that can often be a bad thing for users. It’s the weird cracks of inconsistency and disconnectedness within a user application that makes you wonder if two parts of the app were made by two different companies.

      The design of a product can often reflect, and not often in a good way, the nature and structure of the team(s) which made it.

    1. David Hume, a great philosopher, in his “History of England” — he wrote a huge history of England — there’s a chapter devoted to Isaac Newton, a full chapter. He describes Newton as, you know, the greatest mind that ever existed, and so on and so forth. He said Newton’s great achievement was to draw the veil away from some of the mysteries of nature — namely, his theory of universal gravitation and so on — but to leave other mysteries hidden in ways we will never understand. Referring to: What’s the world like? We’ll never understand it. He left that as a permanent mystery. Well, as far as we know, he was right.

      !- example : permanent mystery - David Hume and Newton example

  15. Nov 2022
    1. governments create an official version of rules (e.g. laws and regulations) ina machine-consumable form, which allows rules to be understood and actioned by computer systems in aconsistent way.

      Discovered by this tweet.

    Tags

    Annotators

    1. Amazing how Nixon & Reagan begun the War on Drugs to actually taret hippies (Peace movement) & niggers (Civil rights movements).

  16. Local file Local file
    1. . Η αποχήτων βενιζελικών από τις εκλογές παρέπεμπε σε θεμελιώδη πολιτική ανωμαλία και δενπροδίκαζε ομαλές πολιτικές εξελίξεις. Αξίζει να σημειωθεί ότι τούτο είναι εγγεγραμμέ-νο στη θεσμική μνήμη και του σημερινού πολιτεύματος της χώρας. Το Σύνταγμα του1975 απαγορεύει την πρόωρη διάλυση της Βουλής για τον ίδιο λόγο μέσα σε ένα έτος.Ο συντάκτης του Συντάγματος, Κωνσταντίνος Τσάτσος, παλαιός βενιζελικός, σημείωσερητά ότι τούτο οφειλόταν στην ανάγκη να αποφευχθεί μια επανάληψη των γεγονότωνπου επέφεραν τον Εθνικό Διχασμό.

      Αντισυνταγματικότητα και συσχετιση με Συνταγμα 1974

    Tags

    Annotators

    1. ΙτΕΕ ΙΕ' σελ.33: * Παρὰ τὶς αὐθαιρεσίες τῶν Συμμάχων, παραμένει γεγονός, όπως θὰ δειχθεῖ ἀργότερα, ὅτι καὶ ὁ βασιλιὰς καὶ τὸ Γενικὸ Επιτελεῖο ἦταν ἀποφασισμένοι νὰ ὑπονομεύσουν τὶς συµµα- χικὲς δυνάµεις τῆς Θεσσαλονίκης, καὶ εἶχαν ἀρχίσει να θεωροῦν μιὰ γερμανικἡ εἰσβολὴ στὴν Ἑλλάδα ἀπελευθερωτικὴ ἐνέργεια. * Όπως ἦταν ἑπόμενο, οἱ ἑλληνοσυμμαχικὲς σχέσεις [μετά τις Εκογές του Δεκεμβρίου] χει- ροτέρεψαν μὲ γοργό ρυθµό, φτάνοντας, στὶς ἀρχές Φεβρουα- ρίου, σὲ σημεῖο ἀνοικτῆς ρήξεως, κυρίως ἑξαιτίας τῆς αὐθαί- ρετης τακτικῆς τῶν γαλλικῶν ἀρχῶν στὴν Ἑλλάδα. Τὸ κυριό- τερο ὅμως γεγονός, ποὺ τὴν προκάλεσε, ἦταν ἢ κατάληψη τῆς Κέρκυρας ἀπὸ τοὺς Συμμάχους στὶς 28 Δεκεμβρίου/10 Ἰανουαρίου, μὲ σκοπὸ τὴ συγκέντρωση καὶ ἀναδιοργάνωση τῶν καταλοΐπων τοῦ σερβικοῦ στρατοῦ, προκειµένου νά τα χρησιμοποιήσουν ἀργότερα στὴ Μακεδονία. * Στὸ ἑξῆς ἡ χώρα θὰ κυβερνιόταν οὐσιαστικὰ ἀπὸ τὸ βασιλιὰ καὶ τοὺς ἄμεσους συμβούλους του.

    2. ΙτΕΕ ΙΕ' σελ.28 για τη συνταγματικές προεκτάσεις του ΕΔ: Ὁ βασιλιὰς θεώ- ρῃσε τὶς διαβεβαιώσεις τῆς Γερμανίας ἁσαφεῖς, ἰδιαίτερα στὸ θέµα τῶν ἐγγυήσεων, ἀλλὰ ἧταν πλέον ἱκανοποιημένος καὶ ὑποσχέθηκε τὴν οὐδετερότητα τῆς Ἑλλάδος χωρὶς τὴν ἑνη- µέρωση ἢ τὴν ἔγκριση τῆς κυβερνήσεως, πράξη καθαρὰ ἀντι- συνταγματική.

    3. ΙτΕΕ ΙΕ' σελ.30 για την αντισυνταγματικότητα του Βασιλια:

      Ὁ ἀντισυνταγματικὸς τρόπος ἀποπομπῆς τοῦ Βενιζέλου ἀπὸ τὸν Κωνσταντῖνο καὶ ἡ διάλυση τῆς Βουλῆς, δύο φορὲς µέσα σὲ λίγους μῆνες, ὑπῆρξε ἀντικείμενο διαμάχης. Ἡ ἔπα- νάληψη ἐδῶ τῶν νομικιστικῶν ἐπιχειρημάτων δὲ θὰ συνέβαλε στὴ διαλεύκανση τοῦ θέµατος. Οἱ ὑποστηρικτὲς τοῦ Κωνσταντί- νου ἐπέμεναν ὅτι, σύμφωνα μὲ τὰ ἄρθρα 31 καὶ 37 τοῦ Συντά- γματος, τὸ δικαίωμά του νὰ διορίξει καὶ νὰ παύει ὑπουργοὺς καὶ νἁ διαλύει τὴ Βουλὴ ἦταν ἀπεριόριστο. Παρόλα αὐτά, ὅμως, μιὰ συγκριτικἠ µελέτη ὅλων τῶν ἄρθρων, ποὺ ἀναφέ- ρονται στὰ δικαιώµατα τοῦ θρόνου, ἀνασκευάζουν τὸ ἐπιχεί- ρηµα αὐτό. 'Ἡ ἀλήθεια βέβαια εἶναι ὅτι στὸ παρελθὸν ὁ βασιλιὰς τῆς "Ελλάδος, ἀλλὰ καὶ τῶν ἄλλων Βαλκανικῶν χωρῶν, εἶχε σηµαντικἡ καί, συχνά, ἀποφασιστικὴ ἐπίδραση στὸ θέµα τῆς ἐξωτερικῆς πολιτικῆς, ἀλλά ἡ προσπάθεια τοῦ Κωνσταντίνου νὰ ἐπιβάλει τὴν κυριαρχία τοῦ θρόνου καὶ ἡ προκλητική του συμπεριφορὰ ἀπέναντι στὴν καθιερωμένη κοινοβουλευτικἡ διαδικασία ἦταν καθαρῇ παράβαση καὶ τοῦ Συντάγματος καὶ μιᾶς μακροχρόνιας κοινοβουλευτικῆς πρα- κτικῆς. Σὲ τελευταία ἀνάλυση, τὸ ὅλο πρόβλημα ἔγκειται στὸ ἂν δέχεται κανένας τὴν ἀρχὴ τῆς κυριαρχίας τοῦ λαοῦ ἢ τῆς μοναρχικῆς ἀπολυταρχίας. ᾽Ανεξάρτητα, ὅμως, ἀπὸ τὰ προβλή- µατα ἑρμηνείας, ὅπως ἤδη ἀναφέρθηκε, ὁ Κωνσταντῖνος εἶχε σχεδιάσει τὴν ἀποπομπὴ τοῦ Βενιζέλου καὶ τὴ διάλυση τῆς Βουλῆς, πρὶν αὐτὴ ἀκόμη συνέλθει. Οἱ µηχανορραφίες του καὶ στὰ ἐξωτερικὰ καὶ στὰ ἐσωτερικὰ ζητήματα ἦταν καθαρὰ ἀντισυνταγματικές.

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    1. Μπορεί η δημοκρατική αρχή και η αρχή της δεδηλωμένης να είχαν κατοχυρωθεί από το 1864 και το 1875 αντίστοιχα και το Σύνταγμα του 1911 να κατοχύρωνε όχι μόνο μια σειρά από ατομικά δικαιώματα αλλά και το κυριότερο μέσο προστασίας τους (την προσωπική και λειτουργική ανεξαρτησία των δικαστικών λειτουργών), ωστόσο η Βουλή διαλυόταν επανειλημμένως προκειμένου να παρακαμφθεί η λαϊκή ετυμηγορία, ο Βασιλιάς υπερέβαινε τις αρμοδιότητές του παραβιάζοντας την αρχή της δεδηλωμένης και διεκδικώντας τον πρώτο λόγο σε θέματα εξωτερικής πολιτικής

      Ο βασιλιας παραβιαζε επανειλλημενως και την Δημοκρατική Αρχη & της Δεδηλωμενης.

    2. Τα γεγονότα του 1915 με τη διπλή διάλυση της Βουλής επηρέασαν τη διαμόρφωση και του ισχύοντος συνταγματικού δικαίου: Σύμφωνα με το άρθρο 41 παρ. 2 του Συντάγματός μας ναι μεν η Βουλή μπορεί να διαλυθεί προώρως «για ανανέωση της λαϊκής εντολής προκειμένου να αντιμετωπιστεί εθνικό θέμα εξαιρετικής σημασίας», πλην όμως αποκλείεται η διάλυση της νέας Βουλής «για το ίδιο θέμα». Εξάλλου, η παράγραφος 4 του ίδιου άρθρου ορίζει ότι, πλην εξαιρετικών περιπτώσεων (μη δυνατότητα σχηματισμού Κυβέρνησης που να απολαμβάνει την εμπιστοσύνη της Βουλής και έλλειψη κυβερνητικής σταθερότητας), η «Βουλή που εκλέχτηκε μετά τη διάλυση της προηγούμενης δεν μπορεί να διαλυθεί πριν περάσει ένα έτος αφότου άρχισε τις εργασίες». Πρόκειται για συνταγματικές ρυθμίσεις, οι ρίζες των οποίων ανάγονται στα γεγονότα του 1915.

      Για την σχεση του μοντερνου Συνταγματος 1974 με τη διπλή αποπομπή του Βενιζέλου στον Εθνικο Διχασμό.

    3. Η απάντηση στο ερώτημα αυτό δεν μπορούσε παρά να είναι αρνητική: Παρά το γεγονός ότι το Σύνταγμα του 1911 δεν περιείχε κάποιο ρητό περιορισμό στην αρμοδιότητα του Βασιλιά για διάλυση της Βουλής, σε ένα δημοκρατικό πολίτευμα η Βουλή διαλύεται προκειμένου να εκφρασθεί ο λαός και όχι προκειμένου να ακυρωθεί η πρόσφατη ετυμηγορία του. Με άλλες λέξεις, ο Ανώτατος Άρχων δεν μπορούσε να διαλύει συνεχώς τη Βουλή, έως ότου πετύχει την επιθυμητή κοινοβουλευτική σύνθεση που θα συμπορευόταν με τις δικές του απόψεις. Οι συνέπειες της διπλής διάλυσης της Βουλής το 1915 δεν περιορίζονται χρονικά μέχρι το 1917, όταν την εξουσία καταλαμβάνουν οι βενιζελικοί και καταργούν τη δεύτερη χρονικά Βουλή (που προήλθε από τις εκλογές του Δεκεμβρίου του 1915) για να επαναφέρουν τη Βουλή που προήλθε από τις εκλογές του Μαΐου του 1915 (την επονομαζόμενη και «Βουλή των Λαζάρων»).

      Για το αν η μη ρητη συνταγματική ρυθμιση της Δεδηλωμενης επηρέασε τον ΕΔ.

  17. Oct 2022
    1. nistration of Justice (Scotland) Act 1972. This made provision on the Courtof Session and the Sheriff Court being able to order the recovery of documents whichare relevant to an existing case or a likely forthcoming case. The 1972 Act waswithout prejudice to the existing powers of the Court of Session and the Sheriff Courtin this area.

      The Law can be used to get court document from a person - i.e recover documents [[Administration of Justice (Scotland) Act 1972]]

    1. academic law libraries pool resources, through a consortium, to create a centralizedcollection of legal materials, including copyrighted materials, and to digitize thosematerials for easy, cost-effective access by all consortium members. For the sake ofexpediency, this proposal will be referred to here as TALLO (Taking Academic LawLibraries Online) and the proposed consortium as the TALLO consortium.

      Coining "TALLO" (Taking Academic Law

      Libraries Online)

      The [[Controlled Digital Lending]] theory was first proposed as a way for academic law libraries to form a consortium to share the expense of collection-building.

    1. Earlier this year, Police Commissioner James O'Neill admitted that a "theft of services" arrest (the legal code name for turnstile jumping) could in fact lead to an immigrant getting deported. And earlier this month, a series of bills the City Council passed last year encouraging the use of civil summonses instead of arrests for quality of life crimes like public drinking, public urination and littering went into effect.

      Excusing criminality in a matter of deference to foreign nationals who are unlawfully present in the United States is perverse. The immigration laws have many provisions by design to ensure that foreign nationals who violate the laws of the United States in certain ways are not allowed to remain and harm the safety of Americans.

    2. The change in how turnstile jumping will be prosecuted comes at a time when the city's reliance on Broken Windows policing is under fire because of its impact on New York's low-income non-white community

      Crime has a significant effect on the entire New York City community, but especially on the low income community. Many NYC officials prioritize minimizing the effect of the law on criminals over minimizing the effect of criminals on law-abiding citizens.

    3. Vance announced in a press release this morning that his office "will no longer prosecute the overwhelming majority of individuals charged with Theft of Services for subway-related offenses, unless there is a demonstrated public safety reason to do so," starting in September of this year.

      DA Vance ignoring the possibility that people who engage in theft of public services are more likely to present a risk to public safety than those who do not.

    1. Currently, most theft-of-service cases are handled with summonses and rarely reach prosecution, according to a spokesman for the Brooklyn District Attorney’s Office. Manhattan District Attorney Alvin Bragg does not prosecute fare beaters, according to a spokesman for his office.

      DA Alvin Bragg continuing Cyrus Vance's policy of declining to enforce theft of public services law.

    2. “We have seen over a 55% increase of assaults on officers this year,” NYPD Transit Chief Jason Wilcox said. “The majority of these assaults began as they were engaging persons who have committed fare evasion or other quality of life violations on the trains and stations.”

      Violent incidents wherein officers are attacked trying to issue summonses to criminals engaging in turnstile jumping.

    3. NYPD enforcement is also up. Police have issued 45, 667 summonses for fare beating this year, up from 36,669 in 2021, according to an NYPD spokesperson. Other transit crimes that have been a growing issue are grand larceny, robbery, and felony assault, according to Comp Stat figures.

      Increase in summonses for fare evasion in 2022 over 2021.

    1. Fortunately, there are other ways to protect the transit system’s revenue stream and promote orderly conduct without jeopardizing the personal liberty of riders. In Washington, D.C., the city council voted to decriminalize fare evasion, overriding the mayor’s veto.

      Unclear why Washington DC, which is one of the highest crime jurisdictions in the United States and has serious financial issues, is a model to follow.

    2. The crackdown should concern New Yorkers, because fare evasion enforcement is highly disproportionate. According to the most recent NYPD data, 92% of the 481 fare evasion arrests in the fourth quarter of 2019 were of non-white riders; 60% were black. Data like that led New York Attorney General Letitia James to announce a probe of racial disparities in fare evasion stops.

      There's an unexplained assumption that people NYC-wide crime statistics should mirror population statistics. This is not the case with many crimes where enforcement disparities would have no effect, homicides being one example.

    1. Finally, non-citizens can face potential immigration-related issues as a result of this otherwise-minor charge. Though immigration questions relating to criminal arrests and convictions are very complicated, the Immigration and Naturalization Act does plainly make a non-citizen deportable for a conviction of a crime involving moral turpitude. Moreover, theft of services (Penal Law 165.15) is probably a crime involving moral turpitude, meaning that a non-citizen could conceivably be deported or denied entry back into the United States for a conviction of this charge.

      Immigration consequences of fare beating. With that being said, there is no precedent decision on whether theft of public services under NYPL 165.15(3) is a categorical CIMT, and both Second and Third Circuit left the matter unresolved in non-precedent decisions. BIA has found in at least two non-precedent decisions that it is a CIMT. Does not appear to come up often in the context of removal charges.

    2. The charge for jumping a subway turnstile is Theft of Services, a violation of New York Penal Section 165.15, a Class A misdemeanor punishable by up to one year in jail.

      Theft of public services statute - amenable to fare beating.

    1. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay

      Theft of services statute which covers fare-beating.

    1. By the end of the day, Gov. Andrew M. Cuomo weighed in with a statement urging “all parties” to find “balance” — but declining to take a side.

      Former Governor Cuomo, who went on to sign the bail reform law, refusing to support Mayor de Blasio on the importance of policing fare evasion in 2018.

    2. “The New York miracle, if you will, began with fare evasion — fare evasion enforcement on the subway 25 years ago,” Mr. Bratton said in February 2014, when he was newly appointed by Mr. de Blasio as commissioner. “We’re still at it.”

      Former NYPD Commissioner Bill Bratton on the significance of policing fare evasion to New York City's revival in the 1990s.

    3. Mr. de Blasio, a champion of improving the lot of poor New Yorkers, has adamantly defended the police practice of using evasion of the $2.75 fare as a means for officers to check the names and warrants of those they stop, most of whom are black or Hispanic.He has been unpersuaded by critics on the left who believe the approach — pioneered in the 1990s by William J. Bratton, Mr. de Blasio’s first police commissioner — is a form of biased and overly aggressive policing akin to stop-and-frisk. And he does not think most are motivated by poverty.“A lot of people who commit fare evasion and the police encounter have a lot of money on them,” Mr. de Blasio said during a news conference at Police Headquarters on Tuesday. “I think I have a lot of validity on the question of income inequality and how we fight it, but you never heard me say, you know, open up the gates of the subway for free. That’s chaos.”

      Former Mayor de Blasio making a terrific point about the importance of policing fare evasion, an issue he understood despite not always acting in accordance with his correct statements.

    1. nd another population that both our mayor and governor have spoken passionately about protecting would stand to suffer greatly as a result of a new enforcement policy: immigrants. Immigrants who have even minor contact with the criminal justice system face far more drastic consequences. Under the Trump administration, an arrest for jumping a turnstile or even a criminal summons could result in deportation, family separation, and destroyed lives.

      If a foreign national who is in the United States without legal authorization does something stupid and is required to appear in Court as a result, he or she may be more likely to come to the attention of immigration authorities. As an initial matter, the solution is to not violate the immigration laws of the United States. However, if one chooses to violate the immigration laws, he or she ought to avoid doing things like jumping turnstyles. Many Americans likely avoid taking certain liberties that they do in the United States when they are traveling in foreign countries.

    2. Poor black and brown people should not take the fall for the sins of politicians who have allowed the MTA to become a laughing stock. Arrests won’t solve the MTA’s problems, but they could devastate New Yorkers.

      It is unclear to me how the MTA's own incompetence exonerates people from stealing public services. I am confident that fare beaters, black, brown, white, or anything else, are stealing public services because the MTA is a train-wreck. Both issues contribute to the current mess in the NYC Subway system, but they are not otherwise related.

    3. Years of grappling with the ripple effects of Broken Windows policing have shown us that arrests are not the way to deal with minor offenses, like riding your bike on the sidewalk, having an open container of alcohol, smoking marijuana, or jumping a turnstile. An uptick in enforcement would reverse the recent positive trend of fewer fare evasion arrests. Through October, police have made 5,236 arrests for fare evasion. That is still 5,236 arrests too many, but it represents a 66 percent drop compared to the same period last year.

      Not prosecuting crimes is a positive trend, apparently. This disregards how NYC transformed itself in the 90s and 00s under the leadership of Mayors Giuliani and Bloomberg, and how that success was maintained at least when former Mayor de Blasio wisely chose William Bratton as NYPD Commissioner.

    4. An analysis of New York Division of Criminal Justice Services data from the last four years by the Marshall Project shows that nearly 90 percent of people arrested for turnstile jumping were black or Hispanic. Given the NYPD’s history of targeting people of color for arrests and summonses for low-level offenses, let’s call the new proposal to crack down on fare evasion what it is: a plan that would funnel thousands more black and brown New Yorkers into the criminal justice system, and to scapegoat people of color for the decades of underfunding and mismanagement that are responsible for the MTA’s current problems.

      This must be it. There are no alternative explanations such as the possibility that certain crimes may be disproportionately committed by people who share one characteristic and not another (see NYC homicide statistics). Moreover, it is unclear to me why the writer is lumping "black and Hispanic" people together since, if this is purely a race-based claim against the NYPD, there may be different statistics for these two very broad groups.

    5. Police resources must be spent on working with the community and identifying the types of behaviors that cause the most harm—not physically harmless fare evasion.

      This disregards the fact that there is a high correlation between "behaviors that cause the most harm" and "fare evasion," lest the author would suggest that of people who commit crimes on transit, a meaningful number of them pay the fare.

    6. The MTA and NYPD pledged last week to crack down on fare evaders. The MTA’s plan is to send agency executives and NYPD officers to subway stations and bus stops across the city. The executives will stand at subway turnstiles and on busses to create body blockades to bar anyone trying to get in without a Metrocard. More armed police officers at subway stations make an already harrowing commute for New Yorkers even more intolerable, and for many, will serve to add unnecessary fear into the way they start or end their day.

      I will venture that most New Yorkers are more concerned about lawless behavior on subways than by the presence of uniformed police.

    1. “If we start saying it’s alright for you to jump the turnstile, we are creating an environment where any and everything goes,” the mayor warned. “It’s a crime. Now, you could defer prosecution, you could people in programs, you could do all sorts of things, but let’s not ignore it, and that’s what’s happening to our subway system.”

      Mayor Adams was correct to the extent that he noted that turnstyle jumping is a crime and should not be permitted - however, he has not used all of tools at his disposal to police the Subways against the opposition of the District Attorneys.

    1. At least fifty-six New Yorkers have been pushed onto subway tracks over the past two years. Subway crimes have more than doubled, so far, this year, compared with the same time last year. According to MTA board member Andrew Albert, another major issue is turnstile jumping. 99.99% of people that are committing crimes in the subways did not pay their fare. If we can stop that at the turnstiles, we've not only helped the MTA bottom line, but we've stopped crime in its tracks.

      This is a very important point. Policing fare evasion is not only a financial issue or a fairness question, it is a matter of public safety. It is true that not every person who engages in theft of public services is violent, but as Andrew Albert notes, violent felons are overwhelmingly likely to not pay MTA fares.

    1. Now, though, Vance’s office is voicing its displeasure with the fact that the NYPD has continued to arrest turnstile-jumpers. But how can Vance deter people from farebeating through diversion or dropped charges, and see if this approach yields better results for everyone—particularly the public—if police never arrest fare evaders in the first place?

      This is a very interesting passage. It highlights that the NYPD is free to enforce the law and make arrests notwithstanding the efforts of District Attorneys to rewrite the law through the refusal to prosecute laws that they do not like. Former DA Vance's "displeasure" highlights that the NYPD and Mayor are not helpless - and that they can put pressure on lawless District Attorneys by continuing to enforce the law. The refusal of the Mayor and the NYPD leadership to use the tools in their toolbox has been a driving force in the increase in fare-beating.

    2. Deterring people from stealing from the MTA keeps mass transit safe and improves the lives of everyone who rides.

      Well said.

    3. The DA’s reasoning is that this misdemeanor charge—called theft of services for transit—can carry a punishment of up to a year in jail. The misdemeanor conviction, so the argument goes, victimizes otherwise law-abiding people too poor to afford the subway fare, burdening them with a criminal record as they seek employment or housing.

      Theft of public services, like other kinds of theft, does have the potential to "burden" offenders with a criminal record.

    1. In my mind, there are three prerequisites to shift the Hoverton window. First, the speaker must have sufficient intellectual gravitas. Specifically, he must be able to generate a novel idea, that departs sufficiently from conventional wisdom, but also anticipates and preempts the most likely response. He must also have a reputation which warrants his ideas being taken seriously. Second, the speaker must have secure tenure-in-office. To challenge the status quo, you need decisional independence. No one can override your position, or worse, tell you to stand down after an uproar emerges. (Tenured academics and Article III judges are among the few people who fit in this category.) Third, the speaker must have courage. You must be willing to publicly articulate your principle, knowing full well that you will be savagely attacked from all corners. (Very few academics and Article III judges fit in this category.)

      Criteria for being well-positioned to advance an idea that is an affront to elite legal sensibilities:

      1. "Speaker must have intellectual gravitas"
      2. Speaker must have sufficient reputation for his or her ideas to be taken seriously
      3. Speaker must have independence to stand by idea when he or she receives criticism

      Very interesting perspective. In the specific context of changing policies at law schools, the argument is well-reasoned. The premises have been considered in the broader debate about the limitations of populism in effecting changes in culture and policies (see e.g., Curtis Yarvin's You Can Only Lose the Culture War vs Jeremy Carl's response).

  18. Sep 2022
    1. Can copyright vest in an AI? The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

      Can copyright vest in an AI?

      The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

    1. To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

      To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

    1. With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

      With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

    1. Running this simulation over many time steps, Lilian Weng of OSoMe found that as agents' attention became increasingly limited, the propagation of memes came to reflect the power-law distribution of actual social media: the probability that a meme would be shared a given number of times was roughly an inverse power of that number. For example, the likelihood of a meme being shared three times was approximately nine times less than that of its being shared once.
    1. Integrative Lawyers are reflective.Integrative Lawyers are values and purpose-based.Integrative Lawyers are system and design thinkers.Integrative Lawyers are harbingers of evolutionary consciousness.

      !- values : integrative lawyer - design contracts for regular people, not lawyers

  19. www.justine-haupt.com www.justine-haupt.com
    1. We need police.

      We need security, but they do a terrible job of providing it.

      We also need to be free of a lot of things they always do: https://www.youtube.com/watch?v=rTOP-twoWj0

      So maybe we need the good things police do (that all people may do) without the bad things they do, like murdering people without accountability and enforcing dumb laws (because it's easier than catching murderers).

    1. copyright laws (the Dwarfelles are used as substitutes for the original Dwarfs, since Disney owns the Dwarf characters, and this is not a Disney film).
  20. Aug 2022
    1. Zeynep's law: Until there is substantial and repeated evidence otherwise, assume counterintuitive findings to be false, and second-order effects to be dwarfed by first-order ones in magnitude.
    1. There is nothing at all absurd in theconclusion. It seems to me quite possible that at that particular moment in thedevelopment of Western thought there was the possibility for the birth of a sci-ence of psychology of a sort that still does not exist, a psychology that beginswith the problem of characterizing various systems of human knowledge andbelief, the concepts in terms of which they are organized and the principles thatunderlie them, and that only then turns to the study of how these systems mighthave developed through some combination of innate structure and organism –environment interaction. Such a psychology would contrast rather sharply withthe approach to human intelligence that begins by postulating, on a priorigrounds, certain specific mechanisms that, it is claimed, must be those underly-ing the acquisition of all knowledge and belief. The distinction is one to whichI will return in a subsequent lecture.

      a building block approach?

      Gall's law

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    1. "It's difficult because we can't tell people exactly what's allowed and not allowed," said Chris Castelli, a manager for the Department of State Lands. "It's even tougher for law enforcement that gets called out to very heated disputes and doesn't have strict laws they can apply." 
    1. The extent of public use varies, with Montana affording the greatest access. Rafters can float and fishermen can wade in rivers that flow through private land so long as they enter from public property. They can even leave the river and walk up to the high-water mark.
  21. Jul 2022
    1. ; until, in 1907, eachclass had come to be dealt with according to principles which wereobviously very different from those of 1834. The report of this investi¬gation was presented to the Poor Law Commission, with the interest¬ing result that we heard no more of the “ principles of 1834 ”! It wassubsequently published as English Poor Law Policy (1910).

      Beatrice Webb studied the effects of the British "principles of 1834" and how they were carried out (differently) from area to area to see the overall effects through 1907. The result of her study apparently showed what a poor policy it had been to the point that no one mentioned the old "principles of 1834" again.

      How might this sort of sociological study be carried out on the effects of laws within the United States now in terms of economics and equality for various movements like redlining, abortion, etc.? Is anyone doing this sort of work?


      There is an example of the Eviction Lab at Princeton has some of this sort of data and analysis. https://evictionlab.org/map

    1. Harold Jarche looked at his most visited blog postings over the years, and concludes his blog conforms to Sturgeon’s Revelation that 90% of everything is crap. I recognise much of what Harold writes. I suspect this is also what feeds impostor syndrome. You see the very mixed bag of results from your own efforts, and how most of it is ‘crap’. The few ‘hits’ for which you get positive feedback are then either ‘luck’ or should be normal, not sparse. Others of course forget most if not all of your less stellar products and remember mostly the ones that stood out. Only you are in a position to compare what others respond to with your internal perspective.

      The cumulative effect of one's perception of Sturgeon's law may be a driving force underlying imposter syndrome.

      While one see's the entirety of their own creation process and realizes that only a small fraction of it is truly useful, it's much harder seeing only the finished product of others. The impression one is left with by availability heuristic is that there are thousands of geniuses in the world with excellent, refined products or ideas while one's own contribution is miniscule in comparison.


      Contrast this with Matt Ridley's broad perspective in The Rational Optimist which shows the power of cumulative breeding and evolution of ideas. One person can make their own stone hand axe, but no one person can make their own toaster oven or computer mouse alone.

      Link to: - lone genius myth (eg. Einstein's special relativity did not spring fully formed from the head of Zeus, there was a long train of work and thought which we don't see the context of)

    1. Under this test, a transaction is deemed an investment contract if a person,

      Howey Test for determining if something is a security

      "Invest his money in a common enterprise "and is led to expect profits solely from the efforts "of the promoter or a third party."

  22. Jun 2022
    1. Data protection authorities have found that the U.S. legal system does not guarantee the same standards of protection as the EU. The situation stems from a set of U.S. laws that allow government organizations to request access to consumers’ personal data from US-based services, regardless of where the data centers or servers are located. In light of this, NOYB filed 101 complaints with European DPAs to find that transferring European users’ data to the U.S. was unlawful. The decisions, which have noted the illegitimacy of the transfers, focus on the analysis of additional technical, contractual and organizational measures.
    1. I used to tell students (including PhD students) that 90% of what they will write will not be any good. But the only way they will get to the 10% that is good is by writing the 90% that isn't. So, they'd better start writing now! ;-)
    2. This can also be considered The Iceberg Principle. The 10% (really 9%) you do see is only visible because of the 90% (really 91%) you don't see. Without that 90% you don't get the 10%.

      Often you may need to dig below the surface of something to find it's real value.

      This is related to quotes about being able to find something interesting, redeeming, valuable about bad books as well as being able to learn from the fool.

    3. "Sturgeon's Law". According to those who were there, Theodore Sturgeon the SF author made this comment at a convention in 1953. it is that:90% of everything is crud, and it's the 10% that isn't crud that is important.

      I've also heard a version of this that relates to only 1% of what's in the Library of Congress being widely known or read.

      Related to: - Pareto principle - iceberg principle

    1. Das gerichtliche Aktenzeichen dient der Kennzeichnung eines Dokuments und geht auf die Aktenordnung (AktO) vom 28. November 1934 und ihre Vorgänger zurück.[4]

      The court file number is used to identify a document and goes back to the file regulations (AktO) of November 28, 1934 and its predecessors.

      The German "file number" (aktenzeichen) is a unique identification of a file, commonly used in their court system and predecessors as well as file numbers in public administration since at least 1934.

      Niklas Luhmann studied law at the University of Freiburg from 1946 to 1949, when he obtained a law degree, before beginning a career in Lüneburg's public administration where he stayed in civil service until 1962. Given this fact, it's very likely that Luhmann had in-depth experience with these sorts of file numbers as location identifiers for files and documents.

      We know these numbering methods in public administration date back to as early as Vienna, Austria in the 1770s.


      The missing piece now is who/where did Luhmann learn his note taking and excerpting practice from? Alberto Cevolini argues that Niklas Luhmann was unaware of the prior tradition of excerpting, though note taking on index cards or slips had been commonplace in academic circles for quite some time and would have been reasonably commonplace during his student years.

      Are there handbooks, guides, or manuals in the early 1900's that detail these sorts of note taking practices?

      Perhaps something along the lines of Antonin Sertillanges’ book The Intellectual Life (1921) or Paul Chavigny's Organisation du travail intellectuel: recettes pratiques à l’usage des étudiants de toutes les facultés et de tous les travailleurs (in French) (Delagrave, 1918)?

      Further recall that Bruno Winck has linked some of the note taking using index cards to legal studies to Roland Claude's 1961 text:

      I checked Chavigny’s book on the BNF site. He insists on the use of index cards (‘fiches’), how to index them, one idea per card but not how to connect between the cards and allow navigation between them.

      Mind that it’s written in 1919, in Strasbourg (my hometown) just one year after it returned to France. So between students who used this book and Luhmann in Freiburg it’s not far away. My mother taught me how to use cards for my studies back in 1977, I still have the book where she learn the method, as Law student in Strasbourg “Comment se documenter”, by Roland Claude, 1961. Page 25 describes a way to build secondary index to receive all cards relatives to a topic by their number. Still Luhmann system seems easier to maintain but very near.


      <small><cite class='h-cite via'> <span class='p-author h-card'> Scott P. Scheper </span> in Scott P. Scheper on Twitter: "The origins of the Zettelkasten's numeric-alpha card addresses seem to derive from Niklas Luhmann's early work as a legal clerk. The filing scheme used is called "Aktenzeichen" - See https://t.co/4mQklgSG5u. cc @ChrisAldrich" / Twitter (<time class='dt-published'>06/28/2022 11:29:18</time>)</cite></small>


      Link to: - https://hypothes.is/a/Jlnn3IfSEey_-3uboxHsOA - https://hypothes.is/a/4jtT0FqsEeyXFzP-AuDIAA

    1. Unsurprisingly, each system often tries to prevent the princi-ples it holds dear from being changed, and even attempts to make anyeffort to challenge them illegal.
    2. 18. The success of the referendum orga nized by Uber and Lyft to preserve their ex-tremely precarious model in California in 2020 illustrates the limits of an idyllic visionof direct democracy, as well as the need to reconceive a salarial status that makes it pos-sible to reconcile protection and autonomy.
    1. Expected to come into force on June 27, India's new data retention law will force VPN companies to keep users' data - like IP addresses, real names and usage patterns - for up to five years. They will also be required to hand this information over to authorities upon request. 

      Some draconian Indian data-retention laws are coming.

    1. Gall's Law is a rule of thumb for systems design from Gall's book Systemantics: How Systems Really Work and How They Fail. It states: .mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}A complex system that works is invariably found to have evolved from a simple system that worked. A complex system designed from scratch never works and cannot be patched up to make it work. You have to start over with a working simple system.

      This feels like an underlying and underpinning principle of how the IndieWeb which focuses on working real world examples which are able to build up more complex systems instead of theoretical architecture astronomy which goes no where.

      Reference: John Gall (1975) Systemantics: How Systems Really Work and How They Fail p. 71

  23. May 2022
    1. Since there is no Maritime law in Liechtenstein, Nicolas Reithner, Hannes Mähr, and Mario Frick, the attorneys who wrote this book, left most of the pages blank indicating in bold in the front matter:

      Please use the remaining pages of this work as a notebook.

      Source

      This is by far the funniest law book out there pic.twitter.com/zWYOAsMIOM

      — Nicole A. Rizza (JD Era) 🏳️‍⚧️ (@NicoleARizza) May 25, 2022
      <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
    1. Frank Wilhot's: "Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect." https://crookedtimber.org/2018/03/21/liberals-against-progressives/
    1. By 1860, the American Medical Association sought to end legal abortion. The Comstock Law of 1873 criminalized attaining, producing or publishing information about contraception, sexually transmitted infections and diseases, and how to procure an abortion.