20 July 2012
18 July 2012
Hurricane season approaches and I'm not ready
Hurricane season officially starts at the beginning of June, but I don't tend to think of it as being a real problem here, so far north of the Carolinas, until we cool off a little in September. So while I feel as though I have a lot of time to spare, I've been taking some time today to look at my pantry cabinet and take stock of my emergency supplies.
And I'm low! What started as a little project to organize my pantry turned out to be a wake-up call that I don't have much at all beyond my minimum 2-week supply of nonperishable or ready-to-eat foods. That is to say, I have a good 2-week supply, but I'd be eating canned beans 3 meals per day toward end of those 2 weeks.
Off to the grocery store, but maybe not until this evening after the heatwave breaks. Among other things, I need to replace some single-serving, ready-to-eat rice packs, which I'll rotate out of storage and eat today and tomorrow since they're about at their best-by date. Single-serving, ready-to-eat, shelf-stable, fully cooked rice. We really do live in the future. I don't even want to know the carbon footprint of this stuff (though the rice is grown in the U.S., the final product is imported from Spain) but it's a brilliant addition to my emergency supplies.
Not that I truly, truly need a 2-week supply of instant or ready-to-eat food. In my section of the urban hellhole I can expect to be first in line for utilities to be restored after a storm. If they fail at all, that is. My water has never gone out; my electric goes out maybe once per year; and the only time my gas has ever gone out was when PGW shut it off deliberately for an infrastructure improvement project a few years ago.
That said, I think the derecho at the end of June put the fear of god into me. When much of West Virginia had no power for a few days, local officials and the Red Cross had to organize "mass feedings" (CNN). Evidently everyone had their power back 12 days later, but a lot of people were completely and totally unprepared for the situation. That's really uncool and I don't ever want to be in that position, unlikely as it would be for me in my location.
And I'm low! What started as a little project to organize my pantry turned out to be a wake-up call that I don't have much at all beyond my minimum 2-week supply of nonperishable or ready-to-eat foods. That is to say, I have a good 2-week supply, but I'd be eating canned beans 3 meals per day toward end of those 2 weeks.
Off to the grocery store, but maybe not until this evening after the heatwave breaks. Among other things, I need to replace some single-serving, ready-to-eat rice packs, which I'll rotate out of storage and eat today and tomorrow since they're about at their best-by date. Single-serving, ready-to-eat, shelf-stable, fully cooked rice. We really do live in the future. I don't even want to know the carbon footprint of this stuff (though the rice is grown in the U.S., the final product is imported from Spain) but it's a brilliant addition to my emergency supplies.
Not that I truly, truly need a 2-week supply of instant or ready-to-eat food. In my section of the urban hellhole I can expect to be first in line for utilities to be restored after a storm. If they fail at all, that is. My water has never gone out; my electric goes out maybe once per year; and the only time my gas has ever gone out was when PGW shut it off deliberately for an infrastructure improvement project a few years ago.
That said, I think the derecho at the end of June put the fear of god into me. When much of West Virginia had no power for a few days, local officials and the Red Cross had to organize "mass feedings" (CNN). Evidently everyone had their power back 12 days later, but a lot of people were completely and totally unprepared for the situation. That's really uncool and I don't ever want to be in that position, unlikely as it would be for me in my location.
Romney's tax returns are out there and have been for 4 years
Sometime in 2008, as part of John McCain's vetting process for a vice-presidential candidate, Mitt Romney "reportedly provided McCain's team with more than 20 years of tax returns, significantly more than the amount of information Romney has made public this time around" (CNN). McCain didn't pick Romney for veep, so maybe there's some causal there there. Or maybe the causal there there is simply that Romney doesn't look as good as Sarah Palin does in a red leather jacket.
But my point, and I do have one, is: Oh, lordy. Will someone please, please, please leak these old tax returns already? Aw, man. They are out there. It can't possibly be the case that every last copy was shredded or deleted off all the hard drives when McCain picked Palin over Romney. It would be so easy, just one little click on "send" -- and we don't need all the schedules and attachments, either, just the 2-page 1040's (and only the second pages of those, at that). And we'd get to see if they prove Noz's theory that Romney was living the tax-free high life for some of those years.
But my point, and I do have one, is: Oh, lordy. Will someone please, please, please leak these old tax returns already? Aw, man. They are out there. It can't possibly be the case that every last copy was shredded or deleted off all the hard drives when McCain picked Palin over Romney. It would be so easy, just one little click on "send" -- and we don't need all the schedules and attachments, either, just the 2-page 1040's (and only the second pages of those, at that). And we'd get to see if they prove Noz's theory that Romney was living the tax-free high life for some of those years.
17 July 2012
Talking with new law students in the new no-law-jobs economy
I spent a few hours the other day talking to some students who are about to embark on their first year of law school. This wasn't the first "welcome the students" event I've ever attended, but it was the first one where I was very upfront about my employment situation. The question comes up all the time from these enthusiastic, bright-eyed young people, who see the next 3 years as just the merest obstacle between them and a personally fulfilling career pursuing justice for the oppressed or making big bucks in a prominent firm: "So, Glomarization, what kind of law do you practice?"
This time my answer was, plainly, "I'm underemployed in my solo practice doing [practice area] for [type of client], and I'm actively looking for a law firm job or employment in a different sector altogether. I get an interview about every other month, but mostly I'm not working as a lawyer, though I have a few volunteer gigs doing [REDACTED] that keep me busy."
One student gamely continued the conversation, talking about their interest in non-patent intellectual property (where there are absolutely no jobs outside of the non-hiring large law firms). I pointed out the jaw-droppingly low hiring rate for 2011 grads: only about 50% have full-time, permanent jobs where a J.D. is required, and some 15% have no job at all. That leaves about 35% who are working part-time, in temporary jobs (not necessarily clerkships, either), or in jobs where they don't need a piece of paper that cost $150,000 plus 3 years of unemployment. I said that I'm self-employed, but after a decade as a small business owner, I don't like being an entrepreneur. I went to law school so that I'd have a job at the other end of it. And not in an entitlement kind of way, but in an "I did this to better my life and I jumped through all your hoops, and now I find that there are no lawyering jobs, and my degree makes me less employable as a non-lawyer once people see the J.D. on my resume, what the fuck gives?" kind of way.
The student's response to this was something along the lines of, well, finding a job, it's all a matter of personality, really.
I can't talk to these people. They're operating from some different worldview, a completely different paradigm than I'm operating from. It's like when talking with a friend of mine from my undergraduate days who is an actual, real-life young-Earth creationist. Different paradigm. We cannot have a conversation when one of us sincerely, absolutely believes that the planet and the universe are literally younger than 10,000 years old. Our basic understandings of reality are irreconcilable, and it's the same between me and this shiny new law student I was speaking with. See, there's a 90% chance that the student will end up in the bottom 90% of their class -- but they will not allow that concept into their reality. Or if they will, they're assured that they'll beat that 50% employment figure anyway and that it's just a matter of personality as to whether they land a real lawyering job out of law school.
There's absolutely nothing I can say to this student. But I do promise that I won't say, "I told you so" to them 3 years from now, even though their comment was, at bottom, not very nice at all.
This time my answer was, plainly, "I'm underemployed in my solo practice doing [practice area] for [type of client], and I'm actively looking for a law firm job or employment in a different sector altogether. I get an interview about every other month, but mostly I'm not working as a lawyer, though I have a few volunteer gigs doing [REDACTED] that keep me busy."
One student gamely continued the conversation, talking about their interest in non-patent intellectual property (where there are absolutely no jobs outside of the non-hiring large law firms). I pointed out the jaw-droppingly low hiring rate for 2011 grads: only about 50% have full-time, permanent jobs where a J.D. is required, and some 15% have no job at all. That leaves about 35% who are working part-time, in temporary jobs (not necessarily clerkships, either), or in jobs where they don't need a piece of paper that cost $150,000 plus 3 years of unemployment. I said that I'm self-employed, but after a decade as a small business owner, I don't like being an entrepreneur. I went to law school so that I'd have a job at the other end of it. And not in an entitlement kind of way, but in an "I did this to better my life and I jumped through all your hoops, and now I find that there are no lawyering jobs, and my degree makes me less employable as a non-lawyer once people see the J.D. on my resume, what the fuck gives?" kind of way.
The student's response to this was something along the lines of, well, finding a job, it's all a matter of personality, really.
I can't talk to these people. They're operating from some different worldview, a completely different paradigm than I'm operating from. It's like when talking with a friend of mine from my undergraduate days who is an actual, real-life young-Earth creationist. Different paradigm. We cannot have a conversation when one of us sincerely, absolutely believes that the planet and the universe are literally younger than 10,000 years old. Our basic understandings of reality are irreconcilable, and it's the same between me and this shiny new law student I was speaking with. See, there's a 90% chance that the student will end up in the bottom 90% of their class -- but they will not allow that concept into their reality. Or if they will, they're assured that they'll beat that 50% employment figure anyway and that it's just a matter of personality as to whether they land a real lawyering job out of law school.
There's absolutely nothing I can say to this student. But I do promise that I won't say, "I told you so" to them 3 years from now, even though their comment was, at bottom, not very nice at all.
Penn State-style groupthink needs its own term
Are you familiar with the phrase "going to Abilene"? It's an aspect of the concept of groupthink. Specifically, it's a paradox where someone in a group suggests a course of action; everyone agrees to follow it though individually nobody actually wants to; the group takes the course of action anyway; and in the end everyone is disappointed, upset, uncomfortable, saddened, or even angered that the course of action was taken. The practical results include opportunity costs and wasted time, money, and other resources, not to mention legal risks.
Note that this is not a problem of a charismatic leader persuading people to dangerous, illegal, or unspeakable acts. It's a phenomenon that occurs when no one wants to rock the boat or go against the grain -- but everyone fails to check the group's assumptions and speak up for themselves honestly.
This is similar, though not exactly the same as, the kind of groupthink that was happening at Penn State, which the Freeh report discusses: a "cocoon" where decisions were made not based on right or wrong, but based on the "Penn State way." Penn State adds a wrinkle, though. There's no charismatic leader, just an overly powerful individual in the organization that the institution's leadership fears to piss off and defers to, in service of a larger-than-life personality and a decades-long tradition (and billions of dollars in revenue).
Other schools, from the tiniest colleges to Penn State's peers in the category of oversized land-grant universities, must have dynamics like this going on. Since "going to Abilene" isn't exactly apt, I humbly suggest a new phrase for dealing with university sports-program groupthink: Going to Happy Valley.
Note that this is not a problem of a charismatic leader persuading people to dangerous, illegal, or unspeakable acts. It's a phenomenon that occurs when no one wants to rock the boat or go against the grain -- but everyone fails to check the group's assumptions and speak up for themselves honestly.
This is similar, though not exactly the same as, the kind of groupthink that was happening at Penn State, which the Freeh report discusses: a "cocoon" where decisions were made not based on right or wrong, but based on the "Penn State way." Penn State adds a wrinkle, though. There's no charismatic leader, just an overly powerful individual in the organization that the institution's leadership fears to piss off and defers to, in service of a larger-than-life personality and a decades-long tradition (and billions of dollars in revenue).
Other schools, from the tiniest colleges to Penn State's peers in the category of oversized land-grant universities, must have dynamics like this going on. Since "going to Abilene" isn't exactly apt, I humbly suggest a new phrase for dealing with university sports-program groupthink: Going to Happy Valley.
Throw Joe Paterno under the bus
So the Paterno family is rejecting the Freeh Report, a document the production of which was headed by a former director of the Federal Bureau of Investigation, and which involved combing over literally millions of communications and hundreds of personal interviews to determine who knew what and when they knew it. Instead, the Paterno family, like O.J. Simpson, has vowed to launch their own investigation to find the real harborer of child rapists at Penn State.
I humbly suggest that the Paterno family needs to shut up and enjoy the proceeds of JoePa's ill-gotten estate. Or, even better, they should throw dear old dad under the bus (suggest: "We're horrified that Joe -- we won't even call him our father any more, but 'Mr. Paterno' -- allowed Jerry Sandusky to rape those children. We're shocked and saddened at the Freeh report and have nothing of substance to add to its almost certainly true and correct findings") and donate the Penn State contract settlement money to a charity that addresses child sexual abuse (suggest: "We've calculated that about $6 million in cash of Mr. Paterno's estate derives directly from his work at Penn State, and we are presenting a check today in that amount to RAINN, on the express condition that they do not name any funds, buildings, or legislative initiatives after Mr. Paterno. P.S. We are never speaking to the media again").
I mean, you are allowed to throw a family member under the bus, even your dad. When your dad protects, allows, and even enables child rape for years, you are allowed to throw him under the bus. You don't even have to wait until he dies.
I humbly suggest that the Paterno family needs to shut up and enjoy the proceeds of JoePa's ill-gotten estate. Or, even better, they should throw dear old dad under the bus (suggest: "We're horrified that Joe -- we won't even call him our father any more, but 'Mr. Paterno' -- allowed Jerry Sandusky to rape those children. We're shocked and saddened at the Freeh report and have nothing of substance to add to its almost certainly true and correct findings") and donate the Penn State contract settlement money to a charity that addresses child sexual abuse (suggest: "We've calculated that about $6 million in cash of Mr. Paterno's estate derives directly from his work at Penn State, and we are presenting a check today in that amount to RAINN, on the express condition that they do not name any funds, buildings, or legislative initiatives after Mr. Paterno. P.S. We are never speaking to the media again").
I mean, you are allowed to throw a family member under the bus, even your dad. When your dad protects, allows, and even enables child rape for years, you are allowed to throw him under the bus. You don't even have to wait until he dies.
Scaling up: Allentown School District versus Penn State
The Allentown (Penna.) School District has settled a lawsuit by agreeing to pay $825,000 to 4 plaintiffs who alleged that a 12-year-old boy sexually assaulted them at school, by getting them alone in bathrooms and then attacking them. The lawsuit asserts that the school's response to complaints about the boy, who leaders at the school knew had a troubled history, was "wholly inadequate" (WPVI-TV).
How much does that kind of settlement translate to the Penn State situation, where a predator with a known troubled history assaulted victims in bathrooms (Harrisburg Patriot-News)? How should it scale? Keep in mind that Jerry Sandusky was some 40 years older than his victims; his victims numbered 10 (at a minimum; that was the number in the criminal case); and Sandusky's rapes took place over years, if not decades, while the Allentown assaults spanned only a few months (PDF, p. 2).
The Allentown School District had an operating budget surplus of some $10 million in FY 2010-11 (PDF, see the school district's Finance Reports page); and its FY 2011-12 operating budget contemplates revenues of nearly $260 million (PDF). As I've mentioned before, Penn State has an endowment of over $1.5 billion (PDF); and its proposed FY 2012-13 operating budget contemplates general funds income of nearly $2 billion (PDF, see Schedules I and III).
How much should Penn State pay Sandusky's victims? How should Penn State scale up the Allentown School District's $825,000 for 4 victims to Sandusky's 10? Should it matter that there's a distinguishing factor here, that is, that the perpetrator in Allentown was another minor student, whereas Sandusky was an adult employee, or at least a colleague? Because that said, both institutions were mandatory reporters, whether literally or through the Clery Act, and both failed miserably in their legal duties -- not to mention their moral duties.
How much does that kind of settlement translate to the Penn State situation, where a predator with a known troubled history assaulted victims in bathrooms (Harrisburg Patriot-News)? How should it scale? Keep in mind that Jerry Sandusky was some 40 years older than his victims; his victims numbered 10 (at a minimum; that was the number in the criminal case); and Sandusky's rapes took place over years, if not decades, while the Allentown assaults spanned only a few months (PDF, p. 2).
The Allentown School District had an operating budget surplus of some $10 million in FY 2010-11 (PDF, see the school district's Finance Reports page); and its FY 2011-12 operating budget contemplates revenues of nearly $260 million (PDF). As I've mentioned before, Penn State has an endowment of over $1.5 billion (PDF); and its proposed FY 2012-13 operating budget contemplates general funds income of nearly $2 billion (PDF, see Schedules I and III).
How much should Penn State pay Sandusky's victims? How should Penn State scale up the Allentown School District's $825,000 for 4 victims to Sandusky's 10? Should it matter that there's a distinguishing factor here, that is, that the perpetrator in Allentown was another minor student, whereas Sandusky was an adult employee, or at least a colleague? Because that said, both institutions were mandatory reporters, whether literally or through the Clery Act, and both failed miserably in their legal duties -- not to mention their moral duties.
10 July 2012
An apologia for avoiding an "inhumane result" in Sandusky's case
Philly.com op-ed by Drexel Law prof Daniel Filler fails to use the term "child rape" to discuss what Jerry Sandusky did and what Joe Paterno, Graham Spanier, Gary Schultz, Tim Curley, and others (including the campus rent-a-cops) at Penn State failed to report to the police and the federal government:
An "inhumane result," as even the Georgia Supreme Court figured out, was Marcus Dixon's, where prosecutors won a conviction and a 10-year sentence on an 18-year-old charged with felony aggravated child molestation, rather than misdemeanor statutory rape, for having sex with his 15-year-old girlfriend, and guess which one of the couple was white and which was African-American. Here, McQueary witnessed Sandusky raping a child in the shower in 2002, when Sandusky was 57 and his victim about 10. Sandusky remained unindicted for another 9 years and unconvicted until a year after that. Which is the "inhumane result" now?
Former president of Pennsylvania State University Graham "don't want to be inhumane, you understand" Spanier in 2003, 2 years after he learned that Jerry Sandusky was a child rapist but did not report the rape to police.
I've got a lot of friends and colleagues, and, you know, I'm not the president of a university with a very important football team, but I have to think that if I learned that a friend or colleague of mine were raping children, I'd report their ass to the police. But, hey, maybe that's a particular character trait of mine that explains why I've never been able to claw my way to the top of a Big 10 school with an endowment of over $1.5 billion (PDF). I've never been a law school professor, either.
But there is another lesson to be learned from this horrible story, and it's time we acknowledged it. Penn State's administrators might have buried the charges against Sandusky partly because our national anxiety about sexual abuse has resulted in a lattice of laws so toxic that people are afraid to report it. Although Penn State officials may have wanted Sandusky to stop, they also may have feared the overwhelming consequences of reporting the crime.Oh, wah, wah, wah! Mike McQueary saw Sandusky raping a boy in the shower, and his bosses "feared the consequences"?
There's no doubt that Penn State administrators were trying to protect the university and its football program. But they were also trying to protect Sandusky and themselves from the tsunami that would follow. I take Spanier at his alleged word that he feared an inhumane result. He isn't alone: Some recent research suggests that some prosecutors shape their charging and plea-bargaining decisions to moderate the effects of current laws.Here's where, if I were worse at my rhetoric, I'd say that I wish prosecutors seeking to moderate the effects of current laws would get child-raped themselves. But I don't wish that, really I don't. I don't even wish child rape on law school professors. What I'll do instead is point out that a law school professor would have ridiculed me for not distinguishing between a case where the result is "inhumane" and child rapist Jerry Sandusky's case.
An "inhumane result," as even the Georgia Supreme Court figured out, was Marcus Dixon's, where prosecutors won a conviction and a 10-year sentence on an 18-year-old charged with felony aggravated child molestation, rather than misdemeanor statutory rape, for having sex with his 15-year-old girlfriend, and guess which one of the couple was white and which was African-American. Here, McQueary witnessed Sandusky raping a child in the shower in 2002, when Sandusky was 57 and his victim about 10. Sandusky remained unindicted for another 9 years and unconvicted until a year after that. Which is the "inhumane result" now?
Former president of Pennsylvania State University Graham "don't want to be inhumane, you understand" Spanier in 2003, 2 years after he learned that Jerry Sandusky was a child rapist but did not report the rape to police.
I've got a lot of friends and colleagues, and, you know, I'm not the president of a university with a very important football team, but I have to think that if I learned that a friend or colleague of mine were raping children, I'd report their ass to the police. But, hey, maybe that's a particular character trait of mine that explains why I've never been able to claw my way to the top of a Big 10 school with an endowment of over $1.5 billion (PDF). I've never been a law school professor, either.
09 July 2012
Media starting to notice Pennsylvania's little mass disenfranchisement problem
Today's Daily News offers up an unsigned editorial warning that over three quarters of a million registered, otherwise eligible voters will be disenfranchised in November if the courts decline to block the Commonwealth's voter ID law. The editorial goes on to assert that this was almost undoubtedly the GOP's plan from the get-go:
According to figures released a few hours before the July 4 holiday, 758,939 registered Pennsylvania voters don't have a Pennsylvania driver's license or alternative PennDOT identification. That's 9.2 percent of Pennsylvania's 8.2 million voters. In urban Philadelphia, a full 18 percent of registered voters -- 186,830 -- do not have PennDOT-issued ID.
[ ... ] Compare that to the claim by Secretary of the Commonwealth Carol Aichele, repeated without documentation for months before and after the passage of the law, that just 1 percent of Pennsylvania voters (a not-insignificant 82,000 citizens) do not already have acceptable ID.
[ ... ] Aichele and [Governor Tom] Corbett also have long ignored the fact that there is no hard, or even soft, evidence of a need for a law preventing voter impersonation in this state or others. In fact, a group of Republican lawyers could document only 400 voter-fraud cases in the entire country over a decade, less than one case per state per year.
[ ... ] A couple weeks ago, [Pennsylvania House majority leader Mike] Turzai [R-PA 28] let the truth slip out. In bragging about the law to the state Republican committee, he crowed that it "is going to allow . . . [Mitt] Romney to win the state of Pennsylvania."I'm blogging infrequently and I'm a voice in the wilderness, but I told you so. And when I was telling you so, why wasn't the Daily News demanding proof from Aichele? Her statements were like a live-action Wikipedia [citation needed]. November is going to be horrible.
26 June 2012
Obamacarization
I would go into some in-depth analysis of the Obamacare decision, but really my questions all just boil down to: How will the decision affect the level of heartburn I have almost daily as I try to figure out how to pay my household and office bills this month?
25 June 2012
Lynn and Sandusky parallels
As you may have heard, verdicts on 2 big cases just came down in Pennsylvania. While former Penn State football coach Jerry Sandusky was convicted of 45 counts ranging from inappropriate behavior to outright child rape, former Philadelphia Archdiocese cardinal's aide -- executive assistant, I guess -- William Lynn was convicted of just 1 count of child endangerment.
Both of these child predator cases involved decades of known criminal behavior and cover-ups ranging from negligent non-reporting to intentional hiding and destruction of documentation. The circumstances surrounding Sandusky's case include possible Clery Act violations, and more than one federal investigation is continuing. (Imagine Penn State losing its federal financial aid funding!) Lynn's case involved a list of abusers that the cardinal ordered destroyed but that one person, in a half-assed, ineffective gesture of minimal concern for the abused children, retained in a secret, locked location for years.
I bring up the Clery Act (text: flip down to subsection (f)) because it effectively makes school administrators "mandatory reporters" of campus crimes and creates a paperwork parallel between the Sandusky and Lynn cases. McQueary's statements to Paterno and the campus police guy should have gone onto paper and become part of the crime log and annual statistics, even if the head of campus police decided it didn't need to go to local law enforcement. And the list that Bevilacqua got should have gone to the parishes, not into a shredder as he ordered. I mean, let's be clear: Bevilacqua should have sent the list to law enforcement; but at the very least parish leadership should have had the information that they were being asked to welcome child rapists into their midst.
Here's Philadelphia D.A. and noted Catholic Seth Williams's take on the Lynn result:
("This should be a lesson, victims of sexual assault need to report the crime [to] law enforcement...not only to the institution that victimized them." Or, as The Onion put it, "Nation's 10-Year-Old Boys: 'If You See Someone Raping Us, Please Call The Police.'")
I'm not a fan of the victim-blaming phrasing in the first part of Williams's statement, but I agree with the overall message, and for both cases. In the face of obfuscation, denial, and vigorous legal defense of child abuse scandals in Massachusetts, Canada, Ireland, and Australia since the 1930s and earlier [1], pedophile priest victims and their advocates cannot reasonably conclude that the Church will ever go to the least trouble of trying to bring the abusers in its house to secular justice. But more than that, outside of church abuse situations, victims need to go to law enforcement way outside of their rapists' organizations. McQueary should have gone to the actual police, not the campus rent-a-cops, when he saw that nobody was looking to have Sandusky arrested for the child rape he witnessed and reported. Clearly, the campus cops are too intertwined with the school administration to act as disinterested law enforcement. I'm not saying that the Penn State campus police should be disbanded and replaced with local and state patrols, but I'm saying that the Penn State campus police should be disbanded and replaced with local and state patrols. What else do you do with a pile of cops whose response to a report of child rape is to ignore federal reporting requirements and merely ban the accused from a single facility?
Which was still better than the Church response. Here's my take on the parallels between the Lynn and Sandusky results:
Maybe the Vatican wins.
What's killed me throughout both of these cases is the staggering number of people who knew what was going on and said nothing. Note that I don't say "must have known." I'm asserting that people actually knew that Sandusky was raping children and Lynn was a participant in Philadelphia archdiocesean cover-ups, and that these people didn't do anything. I wonder what really made McQueary so shaky and upset after he went to Paterno. Was it witnessing Sandusky raping a child in the shower, or was it having to be a whistleblower against a campus full of people who would riot and destroy property after Paterno was fired for failing to properly deal with (read: report, follow up, expose, fire) a child rapist in his organization?
And finally, if you were surprised that Sandusky's son is also a victim, you're part of the Penn State and Catholic Church problem. And that's not 20/20 hindsight. That's a reasonable interpretation of the facts when a man and his wife have no biological children but have adopted half a dozen boys and fostered other boys from a charity he founded for at-risk boys. (And the man fails a background check for an ordinary volunteer coaching job.) The parents I know who foster and adopt at-risk kids don't select by gender -- except for the molester who adopted my mom, choosing her specifically rather than the brother just a year older than her.
[1] Here, have some low-hanging fruit.
Both of these child predator cases involved decades of known criminal behavior and cover-ups ranging from negligent non-reporting to intentional hiding and destruction of documentation. The circumstances surrounding Sandusky's case include possible Clery Act violations, and more than one federal investigation is continuing. (Imagine Penn State losing its federal financial aid funding!) Lynn's case involved a list of abusers that the cardinal ordered destroyed but that one person, in a half-assed, ineffective gesture of minimal concern for the abused children, retained in a secret, locked location for years.
I bring up the Clery Act (text: flip down to subsection (f)) because it effectively makes school administrators "mandatory reporters" of campus crimes and creates a paperwork parallel between the Sandusky and Lynn cases. McQueary's statements to Paterno and the campus police guy should have gone onto paper and become part of the crime log and annual statistics, even if the head of campus police decided it didn't need to go to local law enforcement. And the list that Bevilacqua got should have gone to the parishes, not into a shredder as he ordered. I mean, let's be clear: Bevilacqua should have sent the list to law enforcement; but at the very least parish leadership should have had the information that they were being asked to welcome child rapists into their midst.
Here's Philadelphia D.A. and noted Catholic Seth Williams's take on the Lynn result:
("This should be a lesson, victims of sexual assault need to report the crime [to] law enforcement...not only to the institution that victimized them." Or, as The Onion put it, "Nation's 10-Year-Old Boys: 'If You See Someone Raping Us, Please Call The Police.'")
I'm not a fan of the victim-blaming phrasing in the first part of Williams's statement, but I agree with the overall message, and for both cases. In the face of obfuscation, denial, and vigorous legal defense of child abuse scandals in Massachusetts, Canada, Ireland, and Australia since the 1930s and earlier [1], pedophile priest victims and their advocates cannot reasonably conclude that the Church will ever go to the least trouble of trying to bring the abusers in its house to secular justice. But more than that, outside of church abuse situations, victims need to go to law enforcement way outside of their rapists' organizations. McQueary should have gone to the actual police, not the campus rent-a-cops, when he saw that nobody was looking to have Sandusky arrested for the child rape he witnessed and reported. Clearly, the campus cops are too intertwined with the school administration to act as disinterested law enforcement. I'm not saying that the Penn State campus police should be disbanded and replaced with local and state patrols, but I'm saying that the Penn State campus police should be disbanded and replaced with local and state patrols. What else do you do with a pile of cops whose response to a report of child rape is to ignore federal reporting requirements and merely ban the accused from a single facility?
Which was still better than the Church response. Here's my take on the parallels between the Lynn and Sandusky results:
If Penn State were the Philadelphia Archdiocese, Sandusky would have been quietly shipped parish to parish until he died (maybe in repentance), Paterno would have died peacefully in his sleep at home (oh, wait), and McQueary would have been a low-level church bureaucrat left to take the fall on a two-bit child endangerment conviction.As one of the Sandusky victim parents said, no one wins. Because even that said, Penn State football will go on this fall and Paterno's estate is likely judgment-proof since the man met his own legal reporting duties, and the Vatican is continuing to hand out mealy-mouthed fake apologies and fight civil liability awards tooth and nail.
Maybe the Vatican wins.
What's killed me throughout both of these cases is the staggering number of people who knew what was going on and said nothing. Note that I don't say "must have known." I'm asserting that people actually knew that Sandusky was raping children and Lynn was a participant in Philadelphia archdiocesean cover-ups, and that these people didn't do anything. I wonder what really made McQueary so shaky and upset after he went to Paterno. Was it witnessing Sandusky raping a child in the shower, or was it having to be a whistleblower against a campus full of people who would riot and destroy property after Paterno was fired for failing to properly deal with (read: report, follow up, expose, fire) a child rapist in his organization?
And finally, if you were surprised that Sandusky's son is also a victim, you're part of the Penn State and Catholic Church problem. And that's not 20/20 hindsight. That's a reasonable interpretation of the facts when a man and his wife have no biological children but have adopted half a dozen boys and fostered other boys from a charity he founded for at-risk boys. (And the man fails a background check for an ordinary volunteer coaching job.) The parents I know who foster and adopt at-risk kids don't select by gender -- except for the molester who adopted my mom, choosing her specifically rather than the brother just a year older than her.
[1] Here, have some low-hanging fruit.
Bisy backson
I would be posting more, but the school year ended (so I'm hanging with my daughter and not sitting at my desk much longer than I have to most days), and I'm making barely enough to pay my office rent (so I'm spending a lot of time looking for paying work or a full-time job rather than poking around looking for outrageous news to write about).
Though I hate "sorry I haven't been blogging" posts, um, sorry I haven't been blogging.
Also, Blogger's new interface is just lousy and does not encourage me to write.
Though I hate "sorry I haven't been blogging" posts, um, sorry I haven't been blogging.
Also, Blogger's new interface is just lousy and does not encourage me to write.
16 May 2012
Cutting childcare subsidies costs money in the short- and long-term, California edition
[Former employee of a non-profit organization Clarissa] Doutherd, who lives in Oakland, Calif., with her 4-year old son Xavier, had been able to cover the nearly $1,000 monthly child care bill thanks to a state subsidy that helps lower-income working parents. The support disappeared after budget cutbacks last year.
"In June, I had to quit my full-time job," after her salary was insufficient to cover her child care costs, she said. "I was on the brink of being able to pay the full cost, just another raise away from being completely self-sufficient" (MSNBC).I love a good cliché, and the one that works best here is "penny-wise, pound-foolish." How much money is the state of California saving by cutting childcare subsidies? Better to ask, how much income is the state losing? Now that California forced Ms. Doutherd to quit a full-time job where she was expecting a raise, the state treasury is no longer receiving from her . . .
- Income tax, which would likely have gone up with her raise
- Sales tax, to the tune of 8.75% minus Oakland's cut, on purchases other than groceries, medicines, etc.
- Tolls, which finance road construction and seismic retrofitting of bridges
How long will Ms. Doutherd's household make it before she needs to apply for food stamps, utilities aid, subsidized housing, or some other assistance? Luckily for her, the article appears to state, she has just the one kid, and at age 4 he'll be in full-time school sometime soon. Until then, the household will be treading water and doing absolutely nothing to rebuild the state or national economy, all to save the state under $1,000 a month, on the back of a single mother. Great job, California!
15 May 2012
Twelve versus seventy
Today in job search news, my anecdotal, unscientifically tested impression lately is that open job positions either pay $12.00 per hour, or require 70 hours per week and a resumé with about 15 fewer years on it than mine has. There is no in between, there is no happy medium, there is no reasonable option for a mid-career professional.
I don't want to go so far as to say that I never should have gone to law school; but right now that diploma looks less like a career-boosting, life-changing credential, and more like $150,000 worth of mental masturbation. And not that I'm totally against mental masturbation -- my long-term, post-childrearing plans include pursuing a Ph.D. -- but right now I'd prefer to be getting some regular cash.
Speaking of which, couple of paying tasks today, so I'm off to get to work.
I don't want to go so far as to say that I never should have gone to law school; but right now that diploma looks less like a career-boosting, life-changing credential, and more like $150,000 worth of mental masturbation. And not that I'm totally against mental masturbation -- my long-term, post-childrearing plans include pursuing a Ph.D. -- but right now I'd prefer to be getting some regular cash.
Speaking of which, couple of paying tasks today, so I'm off to get to work.
04 May 2012
And again with the voter ID issue
Did you notice that all but one of the plaintiffs in ACLU-PA's lawsuit against Pennsylvania's voter ID law are women?
If you are an otherwise voting-eligible woman in Pennsylvania, check your wallet. Does the name on your poll-acceptable ID match the name under which you're registered to vote? There is a one in three chance that it does not. If not, start the ball rolling now to fix the situation. Either change your voter registration to match your driver's license exactly, or get a new driver's license so that it matches your voter registration exactly. If you need a birth certificate to get a new driver's license, request one immediately. It can take 14 weeks (not a typo) to get it, and that's even if the state complies with the request: ACLU-PA's petition includes a plaintiff who has been requesting a birth certificate multiple times over several years but hasn't gotten an answer.
This is a 19th Amendment problem because it disenfranchises women overwhelmingly, denying them at a rate of potentially one in three their right to vote -- to the obvious satisfaction of Governor Corbett and the state GOP. This is a 19th Amendment problem that none of the civil liberties lawyers groups is addressing as such. It's up to you.
If you are an otherwise voting-eligible woman in Pennsylvania, check your wallet. Does the name on your poll-acceptable ID match the name under which you're registered to vote? There is a one in three chance that it does not. If not, start the ball rolling now to fix the situation. Either change your voter registration to match your driver's license exactly, or get a new driver's license so that it matches your voter registration exactly. If you need a birth certificate to get a new driver's license, request one immediately. It can take 14 weeks (not a typo) to get it, and that's even if the state complies with the request: ACLU-PA's petition includes a plaintiff who has been requesting a birth certificate multiple times over several years but hasn't gotten an answer.
This is a 19th Amendment problem because it disenfranchises women overwhelmingly, denying them at a rate of potentially one in three their right to vote -- to the obvious satisfaction of Governor Corbett and the state GOP. This is a 19th Amendment problem that none of the civil liberties lawyers groups is addressing as such. It's up to you.
Forty-two years on
4 May 1970:
Honestly, I think the only reason we're not getting murders like this with Occupy events is that the actual National Guard is in Iraq and Afghanistan right now, instead of staying stateside to help evacuate cities during hurricanes and stuff.
As they arrived at the top of the hill, twenty-eight of the more than seventy Guardsmen turned suddenly and fired their rifles and pistols. Many guardsmen fired into the air or the ground. However, a small portion fired directly into the crowd. Altogether between 61 and 67 shots were fired in a 13 second period. [ ... ] Four Kent State students died as a result of the firing by the Guard.To understand who came looking for a riot, see who came dressed for a riot. When a protest situation gets out of control, you have to ask, every time, who did the escalating? Who brought in horses? Who is carrying pistols? Who is using billy clubs? Who is wearing military- and SWAT-style protective gear like helmets, body armor, body shields? Who arrived in a Blackwater armored vehicle? Who brought a panjandrum to a knife fight?
Honestly, I think the only reason we're not getting murders like this with Occupy events is that the actual National Guard is in Iraq and Afghanistan right now, instead of staying stateside to help evacuate cities during hurricanes and stuff.
26 April 2012
GOP to women: You can pay your student loans, or you can have pap smears
The House will vote Friday to extend current rates on federally funded college loans for one year, Speaker John Boehner announced on Wednesday in what is seen as an attempt to blunt President Barack Obama's momentum on an issue popular with young voters.Specifically, the GOP proposal uses funds earmarked for cervical and breast cancer screenings to pay for extending the lowered rates. Got that, college-educated women? This is what the GOP thinks of you. They beg the question that money for the extension has to come out of the Affordable Care Act to begin with, as opposed to any other government program or billionaires' tax loophole. And then after deciding that the ACA is totally the best place out of the federal budget to seek funding, they zero in and go directly after what they call a "slush fund" for women's preventive healthcare.
Boehner said the extension will be paid for with funds from the Affordable Care Act, the Obama administration's signature health-care law. [...]
The Republican proposal [...] covers the $5.9 billion cost by dipping into a fund in the Affordable Care Act called The Prevention and Public Health Fund. According to health.gov, the fund is intended to promote wellness, prevent disease and protect against public health emergencies (CNN).
My "portfolio" of law school loans includes one federally subsidized loan. Doubling the interest rate on that loan would increase my monthly payment by about $25, for an added $300 per year. At least the GOP's math is right: that's about the same cost as one pap smear and one mammogram.
23 April 2012
Little old lady unable to get Pennsylvania poll-approved ID
And this year's mass disenfranchisement of Pennsylvanian women begins:
[A] 91-year-old grandmother [went] to a PennDot office, looking for a photo ID so she could keep her 70-year voting record intact.Emphasis added. Women in photo ID states, check your wallets! And make time now to obtain a poll-acceptable ID -- the process can take weeks, or even longer if your only option, as is evidently the case with Ms. Block, is to modify the deed to your home.
Joyce Block of Doylestown Township is such a dedicated voter that [Doylestown Borough Council President Det] Ansinn took her from the hospital in a wheelchair to vote in 2010 because she couldn't get an absentee ballot.
She has an old voter registration card with her married name, but she has never had a driver's license.
Block had all the documents on the Department of State checklist - birth certificate and Social Security card, both with her maiden name; her marriage certificate; deed to her house; Peco bills; plus her IRS refund check.
That wasn't enough to satisfy PennDot, Ansinn said.
Her Hebrew marriage license was rejected because the PennDot worker couldn't read Hebrew.
And the deed and Peco bill were rejected because they had her married name, not her maiden name.
The state worker suggested she take legal action to switch the ownership of her home to her maiden name, which she hasn't used in 60 years. Then, maybe, she will be allowed to vote in the November election (Inky).
20 April 2012
No, really: a huge number of women will be disenfranchised in November
Another 8 weeks, another job interview scheduled.
Add to my previous dataset the new statistic that this will be for a "J.D. preferred" job, not an actual attorney position. With an accordingly dismal salary expectation.
But back to photo ID requirements for voters. Current lawsuits challenging voter ID laws are attacking them via the 14th and 24th Amendments or as a Voting Rights Act problem. But you know what would be neat? Since one third of American women do not possess a piece of ID that meets the requirements of these photo ID laws (PDF), it would be really neat to see a disenfranchised woman or class of women bring a § 1983 action against one or more of the states enacting the voter ID laws, on the grounds that it deprives them of their 19th Amendment right to vote regardless of sex.
Barring a massive "get your female voting friends and family to the DMV" awareness-raising effort, in some states one third of the female electorate will be disenfranchised in November. That is an outrageously huge fraction, and it will be a huge number standing alone. I'm actually really surprised that no one is pursuing this issue as an unconstitutional sex discrimination problem. But what do I know? I'm just an unemployed lawyer.
Add to my previous dataset the new statistic that this will be for a "J.D. preferred" job, not an actual attorney position. With an accordingly dismal salary expectation.
But back to photo ID requirements for voters. Current lawsuits challenging voter ID laws are attacking them via the 14th and 24th Amendments or as a Voting Rights Act problem. But you know what would be neat? Since one third of American women do not possess a piece of ID that meets the requirements of these photo ID laws (PDF), it would be really neat to see a disenfranchised woman or class of women bring a § 1983 action against one or more of the states enacting the voter ID laws, on the grounds that it deprives them of their 19th Amendment right to vote regardless of sex.
Barring a massive "get your female voting friends and family to the DMV" awareness-raising effort, in some states one third of the female electorate will be disenfranchised in November. That is an outrageously huge fraction, and it will be a huge number standing alone. I'm actually really surprised that no one is pursuing this issue as an unconstitutional sex discrimination problem. But what do I know? I'm just an unemployed lawyer.
Friday jukebox: Syd Straw
Seven schools in seven states and the only thing different is my locker combination.
Subscribe to:
Posts (Atom)
Posts
