regulations

Orwellian Thought Manipulation As An Ideological Tactic: A Case Study

/ Jack Marshall / 44 Comments

orwell-quote

Cognitive linguist  George Lakoff, a far left academic (but I repeat myself),  advises his partisan political brethren to build public opposition to the President’s regulation reform efforts by changing the word that we use to describe regulations:

President Trump has said that he intends to get rid of 75% of government regulations. What is a “regulation”?

The term “regulation” is framed from the viewpoint of corporations and other businesses. From their viewpoint, “regulations” are limitations on their freedom to do whatever they want no matter who it harms. But from the public’s viewpoint, a regulation is a protection against harm done by unscrupulous corporations seeking to maximize profit at the cost of harm to the public.

Imagine our minority President saying out loud that he intends to get rid of 75% of public protections. Imagine the press reporting that. Imagine the NY Times, or even the USA Today headline: Trump to Eliminate 75% of Public Protections. Imagine the media listing, day after day, the protections to be eliminated and the harms to be faced by the public.

Lakoff’s tactic is remarkable in its transparency. Increasingly, the Left has relied on misleading the public by injecting euphemisms and what I call “cover phrases” into policy debates and news reports to obscure the undesirable aspects of a favored measure, including its unethical nature, such as restricting  individual rights. Thus abortion, which involves trade-offs between two human lives and sets of rights, is referred to as “choice,” eliminating the life-taking aspect of the problem from the discussion entirely. Thanks to the efforts of Democrats with the cooperation of the communications media, race-based admission to educational institutions and hiring that may discriminate against whites and Asian-Americans are covered by the benign-sounding term, “affirmative action.” The most brazen of these linguistic cheats is the widespread practice of referring to illegal immigrants as immigrants, thus allowing advocates of unrestrained lawbreaking by uninvited aliens to tar good faith opponents  of open border and amnesty policies as xenophobes and racists.

Lakoff continues his cynical instruction  for aspiring Big Brothers: Continue reading →

When You Consider The Wisdom Of Obama’s Campaign To Destigmatize Felons, Please Also Consider Felicia Menge Kelley

/ Jack Marshall / 37 Comments
Portrait of a justice-involved individual...

Portrait of a justice-involved individual…

As it attempts to bolster its political support by sucking up to convicted criminals and their families, the Obama administration has been incrementally making it more difficult to distinguish felons from law-abiding citizens, arguing that once they have paid their debt to society, maybe they are no different. HUD, carrying out the Obama administration’s new theory that felons are just plain folks,  has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record in newly-released guidelines. 

The Justice Department and the Department of Education are now using a euphemism to make convicts and those with rap sheets sound like they have a hobby: the new cover-phrase is “justice-involved individuals.” (Hillary Clinton is apparently a justice-involved individual.)

The problem with all of this is that being convicted of a felony is not like catching a cold, and often provides a strong clue that the individual involved is not quite as trustworthy as the boy scout or girl scout next door. Take, for example, this story:

From the ABA Journal:

A woman with a history of financial crimes in multiple states got a job as an office manager and bookkeeper for a North Carolina law firm, after a background check failed to pick up her earlier convictions under a different name.

That resulted in a loss of more than $150,000 to the firm, Yow, Fox & Mannen, District Attorney Ben David of New Hanover County told the Port City Daily. The firm’s now-former employee, Felicia Menge Kelley, 44, pleaded guilty on Tuesday to one count of embezzlement and was sentenced to a prison term of between 82 and 111 months, the newspaper reports. She will also be required to pay over $145,000 in restitution.

Kelley, who has previously worked for other law firms in the Jacksonville area, was convicted earlier under the name of Felicia Dawn Menge…

But I’m sure she’s just an exception to the rule…and gives a bad name to decent, hard-working, justice-involved individuals. It’s not like they are criminals or something.

 

 

HUD: Landlords Beware! Not Renting To Criminals Is Presumptively Racist

/ Jack Marshall / 13 Comments
More Bizarro World reasoning from The Obama Administration...

More Bizarro World reasoning from the Obama Administration…

The disparate impact doctrine is unfair and illogical, as well as destructive. It has been used to invalidate exams for professional advancement that result in a racial imbalance in police force brass, for example, even when no actual discriminatory practices have been identified. It has been used to eliminate school discipline for classroom disruptions, because more black students than white students are being suspended, even though no bias has been shown in enforcement. Disparate impact has allowed incompetent teachers to keep teaching, and recently, its has become an rationale  for not imprisoning convicted felons, because the current prison population is disproportionately black.

The Obama administration, being addicted to a race-biased view of American society in which all, or almost all, problems within the black community are ascribed to forces outside that community’s control, now has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record. The Department of Housing and Urban Development (HUD)’s newly-released guidelines state…

“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics. Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics. While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

Sinister as this is, I’m sure it is sincere. The Obama Administration, obviously programed by the man who bears its name, is consumed by a bias in favor of non-whites, based on the assumption that they are inevitably victimized in U.S. society. Disparate impact could be properly used as a clue to uncovering actual bias and discrimination, but the presumption that disparate impact must be based on bias is itself a bias, and leads to intrusive and unfair regulations and  Big Brother-style “Be Careful! We’re Watching!” warnings like this one. Continue reading →

Not Every Disappointment Is Cable TV Or Social Media Fodder: The Case of The Dry Artificial Leg

/ Jack Marshall / 11 Comments
WHEEEEEEEEE!

WHEEEEEEEEE!

In the old days, the saying was “You don’t have to make a federal case out of it.” Today it would be “You don’t have to put it on the internet.”

At Frontier City’s Wild West Water Works in Oklahoma City, a family objected strenuously because their 8-year-old daughter’s prosthetic leg caused her to be banned from the water slide. The attendant stopped the family at the entrance to the ride, explaining that park policy prevented individuals with prosthetic limbs from sliding because it risked scratching the sides of the slide. The family decided to make a federal case out of it, and the dispute ended up on in the local media, then the national media, then the internet, then social media

The complaint was that the park didn’t have this restriction listed. Okay, good point. That doesn’t mean they were obligated to let the daughter scratch the slide with her leg. I can imagine other perils of sliding with an artificial limb that neither the park nor its insurance carrier would want to risk. It’s a shame the little girl was embarrassed and disappointed. My son was once similarly disappointed when a ride he wanted to go on had a height requirement. Too bad. I didn’t make a federal case out of it. Not every restriction can be listed on park signs; the longer the text, the fewer people read it.

The family of the rejected girl, however, did make a federal case out of it. They got the news media involved, and soon the park was putting out this:

“Our goal at Frontier City is to create family fun and fond memories for each of our guests while placing a priority on guest safety. Our Ride Admission Policy has been developed in consultation with industry professionals, based on the recommendations of the ride manufacturer, past experiences, and evaluations of each ride using knowledge of the ride in all operating conditions.Like many water parks across the United States, regulations regarding loose articles and medical assistance devices are enforced to ensure the safety of each guest. Unfortunately, we can’t allow loose articles, swimwear with exposed metal ornamentation, casts, certain limb braces, or prosthetic devices on certain slides at Wild West Water Works.We never want to refuse our guests the opportunity to enjoy our attractions, but we must also always follow guidelines that have been set by our industry to insure the safety of all guests. To avoid any confusion or heartache in the future, we will strive to make sure this is communicated better in advance by adding the restrictions to our website and ride signage. We deeply regret any disappointment caused to our guests due to our Ride Admission Policies. Again, our first priority is guest safety and our mission is to provide the best experience possible for all of our guests.”

The park sounds completely reasonable, professional and fair. But one family had to react to a minor disappointment by casting the Frontier City as a heartless villain and their child as a victim, resulting in dozens of news stories across the country, blog commentary and Facebook posts. Some things are not worth making a fuss about. Some things should be handled with a shrug, a quiet suggestion of a better way to handle things in the future, agracious goodbye and maybe a letter afterwards.. Every minor dispute doesn’t have to be the Battle of Waterloo.

I fear we are raising a generation of entitled and hair-triggered victim-mongerers, armed with little cameras and video recorders, ready at any provocation to turn every mistake, disagreement, disappointment or ill-considered glance into 15 minutes of infamy for anyone unfortunate enough to cross their paths. In the future we will all be spending so much time apologizing to each other and explaining to the media what we meant that it will be increasingly impossible to just live. The insatiable web and 24-hour news cycle makes shaming a constant threat to the most minor offender, and gives everyone the power, under the right conditions, to bend others to their will.

But I guess that dystopian hell will be worth it if the next child with an artificial leg knows she can’t use the water slide at Wild West Water Works before she gets to the top.

__________________________

Pointer: Fred

Facts: KFOR

 

Southwest Airlines And The Suicide Threat

/ Jack Marshall / 23 Comments
Not exactly "friendly skies"

Not exactly “friendly skies”

We tend to assume someone was at fault when a terrible event results from the execution of a standard policy that was not appropriate to the crisis at hand. Who’s to blame in this nightmarish scenario?

Karen Momsen-Evers was on a Southwest Airlines plane about to take off from New Orleans to Milwaukee, where she lived. Then her husband Andy sent her a text asking her for forgiveness for his imminent suicide. “I go to sleep at night thinking what could I have done, what should I have done,” Evers said. She texted back “No,” but the text arrived as flight attendants were doing their final cabin checks. She wanted to call him. The flight attendant ordered her to turn her phone off, and when she insisted, was told that the FAA regulations prohibited any further use of her cellphone. “The steward slapped the phone down and said you need to go on airplane mode now,” Momsen-Evers told reporters.

Once the flight reached cruising altitude, the desperate woman explained the situation to another attendant. She begged her to have someone make an emergency phone call, but the attendant insisted there was nothing she could do.

So Karen Momsen-Evers sat in her seat, looking at the text and sobbing, all the way to Milwaukee. When she arrived home she was met by police officers, who told her Andy had killed himself. Continue reading →

Ick, Not Ethics: The Incredible Head Transplant

/ Jack Marshall / 61 Comments
OK, this looks unethical...

OK, this looks unethical…

I adore stories that clarify ethical distinctions, and this is the third one we’ve had recently. First we had the classic “Awww! Factor” case of the Down Syndrome cheerleader. Then, close on its heels, we got “Downton Abbey’s” finale, which illustrated the ethics fallacy of Consequentialism as deftly as any textbook.

Now we have the startling report of impending head transplants:

The world’s first attempt to transplant a human head will be launched this year at a surgical conference in the US. The move is a call to arms to get interested parties together to work towards the surgery.

The idea was first proposed in 2013 by Sergio Canavero of the Turin Advanced Neuromodulation Group in Italy. He wants to use the surgery to extend the lives of people whose muscles and nerves have degenerated or whose organs are riddled with cancer. Now he claims the major hurdles, such as fusing the spinal cord and preventing the body’s immune system from rejecting the head, are surmountable, and the surgery could be ready as early as 2017.

Canavero plans to announce the project at the annual conference of the American Academy of Neurological and Orthopaedic Surgeons (AANOS) in Annapolis, Maryland, in June.

Predictably, this news prompted a wave of “Futurama” jokes and bad puns. It also prompted dozens of hysterical stories online and in print pronouncing the yet-to-be performed operation as “a terrible idea” and obviously unethical. A Daily Beast “expert” with the trust-inspiring name “Docbastard” condemned the practice with this wisdom:

That’s the funny thing about ethics—it may be impossible to say why something is wrong, but can be easy to see that it isn’t.

Yeah, that is funny. It is also false, and incredibly stupid. If one cannot say “why” something is wrong–you know, things like interracial marriage, interracial adoption, homosexuality, gay marriage, plastic surgery, income tax, integration, eating meat on a Friday…gee, let’s see how far back into cultural history we need to go to get the list up to a thousand! My guess: no further than 1900, if that far—there’s an excellent chance that it only seems wrong because 1) nobody’s bothered to analyze it thoroughly and objectively, and 2) the Ick Factor, which is when we mistake strangeness, shock and surprise, all visceral, emotional reactions, for ethics.

Let’s actually think about the “Doc’s” provocative questions about the theoretical procedure that he seems to think clinch the argument that head transplants are “easy” to identify as unethical. He writes, Continue reading →

The Perils Of Over-Regulating The Police: A Case Study

/ Jack Marshall / 25 Comments
This is Dirt Harry's badge. Seconds later, he throws it into a river. Lots of other police will be doing the same.

This is Harry “Dirty Harry” Callahan’s badge. Seconds later, he throws it into a river. Lots of other police officers will soon be doing the same.

Yesterday, for the third time in my life, I was the first one on the scene after a fellow human being’s death. This time, it was a very close friend and, though it has little to do with this post, a wonderful man. I had headed out to his home because I was worried: an unusually reliable and conscientious individual, he had missed several appointments the last few days and hadn’t been answering e-mails and phone calls. When I was told about this, I immediately suspected the worst, and sadly, I was right.

His car was outside his house, and though it was mid-day and he was supposed to be somewhere else, I could see that the TV was on. In front of his door, getting soaked in the rain,  was a package: it had been delivered there on December 2. I got no response to my bangs on the door. It was time to call 911.

The police responded quickly. I’m not going to name the department, which has an excellent reputation here, and I do not fault the officers, who were diligent and polite, and who set about investigating the scene professionally and quickly. Nonetheless, after a full 90 minutes, after which they could not discern any more than I had before they came, they would not enter the house.

They told me that they could not risk being sued, and that there were elaborate policies and procedures that had to be checked off first. The officers had to track down their supervisor (it was a Saturday), and, they said, more than one official would have to sign off, to protect the department

“He could be drunk; he could be shacked up; he could just want to be alone,” they told me. “The law says his privacy can’t be breached, even by us.”

“But he’s not any of those things,” I said. “He doesn’t do any of those things, and if he were OK, there wouldn’t be a four-day-old package outside.”

“Maybe he took a trip on a whim.”

“He would have called and cancelled those commitments,” I said. “Look, you and I both know that he could be inside, on the brink of death, with every second bringing him closer. The only alternative is that he’s died already. If you won’t do it, let me break in, chase me, and you’ll find him legally as you pursue me. How’s that?”

The police weren’t sold. Finally, after a full 90 minutes, they requisitioned a ladder from a neighbor and were able to see into a second floor window. My friend was visible on the floor, and then they moved quickly, breaking down the door. They were too late by days. They might have been too late by minutes though. All those procedures and policies that forced the police to avoid taking action that in this case, under these circumstances, were prudent and that might have saved a life imperiled.

The lesson is only this: if we cannot trust police to make decisions like this, we obviously are not going to trust them to decide when to fire their weapons. Laws, rules and procedures are rigid, and have to be examined slowly; real life operates in the shadows of uncertainty, among the loopholes, gray areas and ambiguities, and it moves fast. The protests and demands in the wake of the recent police controversies will undoubtedly result in more regulations, policies and laws, but there is good reason to believe that they will also make us less safe rather than more safe, and make it difficult to find reasonable, dedicated, ethical men and women willing to serve as police, a job which, we seem to be deciding, should be subjected to strict liability whether the officer acts too quickly, or not quickly enough—judged, of course, after the results are in. Continue reading →

And This Is Why The Obama Administration Will Not (And Should Not) Regain America’s Trust

/ Jack Marshall / 17 Comments
Hmmm..what possibly could account for this?

Hmmm..what possibly could account for this?

Consistent in their cynical view of human nature, their disdain for the intelligence of the American public and their refusal to believe the wisdom of Abraham Lincoln, officials in the Obama administration, we are told, are confident that the President’s poll numbers will rise and he will once again be believed and trusted. I’m sure President Obama believes the same thing. They are very wrong.

From today’s Washington Post:

“The White House systematically delayed enacting a series of rules on the environment, worker safety and health care to prevent them from becoming points of contention before the 2012 election, according to documents and interviews with current and former administration officials.Some agency officials were instructed to hold off submitting proposals to the White House for up to a year to ensure that they would not be issued before voters went to the polls, the current and former officials said.The delays meant that rules were postponed or never issued. The stalled regulations included crucial elements of the Affordable Care Act, what bodies of water deserved federal protection, pollution controls for industrial boilers and limits on dangerous silica exposure in the workplace.The Obama administration has repeatedly said that any delays until after the election were coincidental and that such decisions were made without regard to politics. But seven current and former administration officials told The Washington Post that the motives behind many of the delays were clearly political, as Obama’s top aides focused on avoiding controversy before his reelection.” Continue reading →

Hand-Out Ethics: Buying Junk Food With Food Stamps, Or A Leap Down The Slippery Slope?

/ Jack Marshall / 40 Comments

Maybe I got something out of law school after all.

11-nanny stateWhen I read opinion columnist Charles Lane’s lament that food stamp regulations didn’t limit the kinds of nourishment that could be bought by them to things Mrs. Obama would approve of, my mind flew back many decades to a memorable Contracts class in my first year of law school. The late Professor Richard Alan Gordon was thundering in his most stentorian tones—and boy, did he have stentorian tones!— about the class reaction to a case we had just discussed involving a Washington, D.C. family on welfare that had gotten itself in legal trouble by purchasing a stereo system on credit. One poor student was the target of the verbal barrage, having just opined that the family should have spent its government assistance on necessities like food, and not entertainment.

“And who are you, Mr. Anderson, to make the determination of what is a “necessity” for a fellow citizen? Shall the family in question not be permitted to feed its soul, as well as its gut? Is it the attitude role of the government to assume that accepting its assistance in dire circumstances involves one’s surrender of the basic human rights of choice, preference, taste and self-determination?”

I miss Dick Gordon, who became a cherished friend (and a terrific Learned Judge in “Trial by Jury”), and I miss the scathing letter he would have written to Charles Lane. In his column, Lane writes:

“The point is to increase the amount of real nutrition per taxpayer dollar. The counterargument is that it’s not fair to restrict poor people’s grocery choices. You hear this a lot from the food and beverage industry, for which SNAP has grown into a significant subsidy. Sorry, I don’t get it — morally or pragmatically. Of course the federal government should be able to leverage its purchasing power for socially beneficial purposes. If you take Uncle Sam’s help, you play by his rules. I repeat: This is a nutrition program, or so the taxpayers who fund it are told. It should nourish.”

“If you take Uncle Sam’s help, you play by his rules.” This is the crux of Lane’s argument, Mr. Anderson’s, and all the Nanny State advocates who cheer on Mayor Bloomberg’s assault on personal freedom. Ethically, there are strong arguments in all directions: Continue reading →

The Inconvenient Truth About The Second Amendment and Freedom: The Deaths Are Worth It

/ Jack Marshall / 9 Comments

carl-with-a-gun-The shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher has once again unleashed the predictable rants against America’s “culture of guns” and renewed calls for tougher firearms laws. Yes, reasonable restrictions on firearms sales make sense, and the ready availability of guns to the unhinged, criminal and crazy in so many communities is indefensible. Nevertheless, the cries for the banning of hand-guns that follow these periodic and inevitable tragedies are essentially attacks on core national values, and they need to be recognized as such, because the day America decides that its citizens should not have access to guns will also be the day that its core liberties will be in serious peril.

Here is Kansas City sportswriter Jason Whitlock, in the wake of Belcher’s demise:

“Our current gun culture ensures that more and more domestic disputes will end in the ultimate tragedy and that more convenience-store confrontations over loud music coming from a car will leave more teenage boys bloodied and dead. Handguns do not enhance our safety. They exacerbate our flaws, tempt us to escalate arguments, and bait us into embracing confrontation rather than avoiding it… If Jovan Belcher didn’t possess a gun, he and Kasandra Perkins would both be alive today.”

I don’t disagree with a single word of this. Yet everything Whitlock writes about guns can be also said about individual freedom itself. Continue reading →