Sunday, June 30, 2024

From the Texas Tribune: The U.S. Supreme Court upheld a ban on homeless encampments. Here’s what it means for Texas.

An recent example of federalism. 

For more see: 

ScotusBlog: City of Grants Pass, Oregon v. Johnson.

Oyez: City of Grants Pass, Oregon v. Johnson.

- Click here for the article

Bans on homeless encampments in Texas drew the effective backing of the U.S. Supreme Court in a sweeping ruling Friday that allows cities and states to fine people experiencing homelessness for sleeping in public places amid record-high homelessness levels.

Justices ruled that a small Oregon town could continue fining people for sleeping outside, ruling that doing so is a broadly constitutional method of responding to the nation’s homelessness crisis.

Camping bans adopted by state lawmakers and in major cities like Austin and Houston weren’t explicitly challenged in the case. But advocates for those experiencing homelessness saw Friday’s ruling as an endorsement of such bans from the nation’s highest court that could embolden state and local governments to embrace such policies without providing housing options for people experiencing homelessness. Such bans, those advocates argue, do nothing to address the underlying causes of homelessness — namely the nation’s shortage of affordable and attainable housing — while making it more difficult for people experiencing homelessness to get a fresh start and access necessary services.

“Homelessness is the result of a nationwide affordable housing crisis so that’s what we need to solve,” Eric Samuels, president and CEO of Texas Homeless Network, said.

San Antonio Mayor Ron Nirenberg condemned Friday’s ruling, which he said “paves the way to criminalize homelessness.”

“Our unhoused neighbors need permanent supportive housing, access to health care, and to be treated with basic dignity,” Nirenberg wrote on the social media site X. “We cannot arrest our way out of homelessness.”

The Cicero Institute — an Austin-based think tank that has pushed states to enact bans on homeless encampments on public safety grounds — lauded Friday’s ruling.

“This historic ruling ensures that elected leaders have the ability to take action to improve community safety and protect property owners — action supported by a bipartisan majority of voters across the nation,” Stefani Buhajla, a spokesperson for the institute, said in a statement.

Wednesday, June 26, 2024

Tuesday, June 25, 2024

 https://www.justsecurity.org/97176/trump-search-warrant-hearing/

 https://www.theguardian.com/us-news/article/2024/jun/25/republicans-no-fault-divorce

 https://justice.tougaloo.edu/map/

From PBS: Supreme Court bats down challenge to new anti-doping rules for horse racing

Republicans tend not to like regulations imposed on the states by the national government. Sometimes they are successful in using the courts to overturn those regulations. 

Apparently, this time they were not. 

This is an example of federalism, as well as - sort of - the general welfare.


- Click here for the article.

The Supreme Court on Monday rejected a challenge from Republican-controlled states to a horse racing safety law that has led to national medication and anti-doping rules.

The justices left in place an appeals court ruling that upheld the law and rejected claims that Congress gave too much power to the Horseracing Integrity and Safety Authority, the private entity that administers the rules.

Charles Scheeler, chairman of HISA’s board of directors, cited a 38 percent decline in equine fatalities for the first three months of this year in applauding the court’s decision.

“HISA’s uniform standards are having a material, positive impact on the health and well-being of horses,” he said in a statement.

Oklahoma, Louisiana and West Virginia sought to have the law struck down, joined by other racetracks that are not operating under HISA.

“I’ve said all along that we are going to do our due diligence all the way to the U.S. Supreme Court to ensure that the rules governing horsemen are fair, clear and constitutional,” said Eric Hamelback, CEO of the National Horsemen’s Benevolent and Protective Association.

Two other cases are pending in federal court, one in the 5th Circuit and another in the 8th Circuit.

“We still could hear any day from the 5th Circuit on whether HISA remains unconstitutional after the congressional tweak, and the oral argument last October went well for us,” Hamelback said.

Both Scheeler and National Thoroughbred Racing Association president and CEO Tom Rooney urged HISA opponents to end their litigation.

“It is long past time for opponents of HISA to drop their outstanding lawsuits,” Scheeler said. “In light of this decision, continued litigation only serves to take time and valuable resources away from our core mission of improving the safety and integrity of thoroughbred racing.”

Rooney added, “It is time for all parties to stop their internal fighting and support HISA as the law of the land.”

The anti-doping program, which took effect in the spring of 2023, is an attempt to centralize the drug testing of racehorses and manage the results, as well as dole out uniform penalties to horses and trainers instead of the previous patchwork rules in the 38 racing states.

 https://www.postfactum.co.uk/oil-price-explained-data-world-energy-opec-refining-barrels-market-geopolitics-crude?utm_medium=paid&utm_source=ig&utm_id=120208207818620504&utm_content=120208817193920504&utm_term=120208207818880504&utm_campaign=120208207818620504&fbclid=PAAaZH6SIkxStfMx09mHAimIUqJpKAAB2yx7f-L6wwP1Rxil3uopWO0nbdAu8_aem_PllEIYYCvasWBGL4o-09Qw

Dear Chat GPT: Can people become addicted to social media?

Dear Kevin: 

Yes, it is possible for individuals to become addicted to social media. Social media addiction, also known as problematic social media use or social media dependency, is characterized by excessive and compulsive use of social media platforms, to the extent that it begins to have negative effects on one's life, relationships, work, and overall well-being.

Here are some common signs and behaviors associated with social media addiction:

Excessive Use: Spending a significant amount of time each day on social media platforms, often more than originally intended.

Preoccupation: Constantly thinking about social media, checking for updates, notifications, or reactions.

Neglecting Responsibilities: Prioritizing social media use over responsibilities at work, school, or home.

Withdrawal Symptoms: Feeling anxious, irritable, or restless when unable to access social media.

Impact on Relationships: Neglecting face-to-face relationships in favor of online interactions, or experiencing conflicts due to social media use.

Loss of Control: Unsuccessful attempts to reduce or stop social media use.

Negative Consequences: Experiencing negative effects on mental health, such as depression, anxiety, loneliness, or low self-esteem.

Several factors contribute to the development of social media addiction, including the addictive nature of social media platforms (due to their design to maximize user engagement), psychological factors (such as the need for validation or fear of missing out), and environmental factors (such as peer influence or social norms).

Managing social media use involves setting boundaries, being mindful of how it affects your well-being, and seeking support if needed. If you or someone you know is struggling with social media addiction, it may be helpful to seek professional help from a therapist or counselor who specializes in behavioral addictions.


Your Bestie, 
Chat GPT

From Congress.gov: Most Viewed Bills for the week of June 23. 2024

1. H.R.8070 [118th] Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025

2. H.R.4980 [113th] Preventing Sex Trafficking and Strengthening Families Act

3. H.R.2670 [118th] National Defense Authorization Act for Fiscal Year 2024

4. H.R.2864 [118th] Countering CCP Drones Act

5. H.R.3589 [118th] Affordability is Access Act of 2023

6. S.596 [117th] Treat and Reduce Obesity Act of 2021

7. H.R.7024 [118th] Tax Relief for American Families and Workers Act of 2024

8. S.1111 [118th] Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023

9. H.R.5074 [118th] Kidney Patient Access to Technologically Innovative and Essential Nephrology Treatments Act of 2023

10. H.R.8046 [118th] Rosatom Sanctions Enforcement Act

Dear Chat GPT: What types of oligarchies exist?

Dear Kevin: 

Oligarchies are forms of government where a small group of people holds power. There are several types of oligarchies, each characterized by different criteria for membership and power distribution:

Aristocratic Oligarchy: In this type, power is held by a small elite based on hereditary or noble status. Historically, aristocratic oligarchies were common in feudal societies where noble families controlled political and economic affairs.

Plutocratic Oligarchy: Here, power is concentrated among the wealthy elite. Wealth often determines political influence, and members of the oligarchy may include business leaders, wealthy individuals, or corporate entities.

Military Oligarchy: In a military oligarchy, power is held by a small group of military leaders or generals. These regimes often arise from military coups or revolutions and maintain control through military force and authority.

Technological Oligarchy: This type emerged with the rise of technological giants and can refer to a situation where power is held by a small group of individuals who control key technological platforms or industries. Their influence can be substantial due to their control over information and communication technologies.

Theocratic Oligarchy: In a theocratic oligarchy, power is concentrated among a small group of religious leaders or clerics who govern based on religious principles. This form of government is often associated with states where religious law dominates political and social life.

Corporate Oligarchy: Similar to plutocratic oligarchies, corporate oligarchies are characterized by power being concentrated in the hands of a few corporate entities or conglomerates. These entities exert significant influence over economic policy and may have substantial political sway as well.

These types of oligarchies can overlap, and in practice, many oligarchic systems may exhibit characteristics from more than one type. Oligarchies often face criticism for concentrating power among a small group, potentially leading to inequality, lack of representation, and limited political freedoms for the broader population.


Your Friend, 
Chat GPT

 https://www.c-span.org/video/?536534-1/senate-pro-forma-session

Monday, June 24, 2024

From Vanity Fair: Republicans Proudly Declare They’re Against Making Contraception a Federal Right

As we discuss in class, aside from the small number of rights specifically stated in the First Amendment everything else is subject for debate. Since Dobbs v Jackson, this could also mean birth control.

- Click here for the article.

On Wednesday, Senate Republicans rejected the Right to Contraception Act, a Democratic bill that would stop the federal government and states from passing laws limiting access to birth control. Speaking to The Washington Post, Senator Joni Ernst called the bill “fear-mongering,” and introduced one that does not protect access to the morning-after pill. Senator John Cornyn claimed Democrats are holding a “phony vote because contraception to my knowledge is not illegal. It’s not unavailable. To suggest that it’s somehow in jeopardy should be embarrassing, but it’s hard to embarrass some people around here.”

Of course, what people like Cornyn don’t note is that that’s the exact argument Republicans used to make about abortion, before the federal right to the medical procedure was summarily scrapped. Referring to Supreme Court Justice Clarence Thomas’s 2022 declaration that the court “should reconsider” some of its past decisions, including the one protecting access to contraception, Senator Mazie Hirono told ABC News: “Whenever a Supreme Court justice, especially in the MAGA far right, says he wants to revisit a case, you can bet that he’s looking to overturn.” In a speech on the Senate floor on Wednesday, Minority Leader Chuck Schumer warned: “A few years ago it was Roe. A few years from now it could be something else. We are kidding ourselves if we think the hard right is done with their attacks on reproductive rights.”

Last month, Donald Trump was asked in an interview, “Do you support any restrictions on a person’s right to contraception?” And rather than saying a simple “no,” he responded: “We’re looking at that, and I’m gonna have a policy on that very shortly, and I think it’s something that you’ll find interesting. And it’s another issue that’s very interesting, but you will find it, I think, very smart; I think it’s a smart decision. But we’ll be releasing it very soon.”

From Governing: The Best Way to Do Infrastructure Projects

This is an opinion offered by a man affiliated with the Illinois Economic Policy Institute. It supports the use of "project labor agreements" when awarding bids on construction projects. They argue these agreements are beneficial, though at least two interest groups used the courts to stop them. 

Think of this when we look at the street level bureaucracy and the tendency to occasionally farms these out to private organizations.

- Click here for the article

Before the ink was even dry on President Joe Biden’s executive order on the use of project labor agreements for large federally funded infrastructure projects, some interest groups started crying foul and filing lawsuits.

While courts will ultimately adjudicate the legal merits of these claims, the bigger and more important question is what real-world data tells us about project labor agreements. How do PLAs impact projects out in the country, their workers and the construction industry as a whole? New research suggests that they have a positive effect, bringing more cost-saving efficiencies to projects for businesses and the taxpayers who foot the bills while strengthening and diversifying our infrastructure workforce.

PLAs, often regarded as “de-risking” mechanisms, function as construction management tools. They are pre-hire agreements between construction companies and labor organizations that establish the terms of employment, coordinate workflow among different crafts, promote investment in apprenticeship programs that train next-generation construction workers, and ban strikes, lockouts and other costly labor disruptions.

They’ve been in use since at least the 1930s, including on the Grand Coulee Dam project in Washington state. The Tennessee Valley Authority has used a master PLA since 1991. Today, PLAs are employed on many large projects, including NFL stadiums. Yet there is a lot of mythology out there about PLAs, largely due to the dearth of comparative research that can isolate their impact on specific project outcomes.

It is for this reason that a recent study conducted by our organization, the nonpartisan Illinois Economic Policy Institute, along with the Project for Middle Class Renewal at the University of Illinois Urbana-Champaign, is especially timely and instructive.

. . . The results were telling. PLA-covered projects had an average of 16 percent more bidders than non-PLA projects and were more likely to be awarded at a cost below the original project engineering estimate. Moreover, projects covered by PLAs employed more apprentices training for construction careers, particularly from the historically underrepresented demographics of women and people of color that the industry sees as critical to meeting its long-term workforce-supply goals.


. . .

Wikipedia: Project Labor Agreements.

A Project Labor Agreement (PLA), also known as a Community Workforce Agreement, is a pre-hire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project. Before any workers are hired on the project, construction unions have bargaining rights to determine the wage rates and benefits of all employees working on the particular project and to agree to the provisions of the agreement. The terms of the agreement apply to all contractors and subcontractors who successfully bid on the project, and supersedes any existing collective bargaining agreements. PLAs are used on both public and private projects, and their specific provisions may be tailored by the signatory parties to meet the needs of a particular project. The agreement may include provisions to prevent any strikes, lockouts, or other work stoppages for the length of the project. PLAs typically require that employees hired for the project are referred through union hiring halls, that nonunion workers pay union dues for the length of the project, and that the contractor follow union rules on pensions, work conditions and dispute resolution.

PLAs are authorized under the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151–169. Sections 8(e) and (f) of the NLRA, 29 U.S.C. §§ 158(e) and (f) make special exceptions from other requirements of the NLRA in order to permit employers to enter into pre-hire agreements with labor unions in the construction industry.



baby laugh 10 hour

 https://www.washingtonpost.com/technology/2024/06/24/post-office-mail-surveillance-law-enforcement/

Sunday, June 23, 2024

For review: Recent U.S. Supreme Court Decisions.

- Texas v. New Mexico and Colorado.

- Department of State v. Munoz.

- Erlinger v. United States.

- Smith v. Arizona.

- United States v. Rahimi.

From Texas Public Radio: Embracing a career that’s never going away: San Antonio College opens a funeral home

Catching up with another community college to our west.

- Click here for the article.

SAC opened the first college-based mortuary science program in Texas in 1961 and already had embalming facilities on campus. Now, in addition to earning a degree or visiting the planetarium, San Antonians can visit the college to make funeral arrangements for a loved one.

“This dream actually started about 16 years ago with one of my predecessors,” said Mary Mena, the mortuary science program director. “It was just a wild idea, like, ‘Wow, wouldn't it be great to have our own funeral home where our students could go and practice actual skills?’ ”

Mena said the idea remained just a dream for years until the president’s office was relocated. But, even though they had a location, state law banned funeral homes from operating out of tax-exempt properties.

So, SAC lobbied state lawmakers, got an exemption for educational purposes, and finally made it happen.

According to the American Board of Funeral Service Education, SAC is the only mortuary science program in the country with a funeral home on campus right now. A college in San Francisco used to operate out of a funeral home before it closed. Another in Sacramento is trying to open one.

“It's a great learning opportunity for our students so that when they get out into the real funeral world, they've at least got some background on how to how to start, how to begin,” Mena said.

A practicum at a funeral home is already part of SAC’s two-year mortuary science degree. But Mena said the mortuary on campus will be a learning lab where students can practice their skills more immediately.

- Wikipedia: San Antonio College.

- Wikipedia: Mortuary Science.

Saturday, June 22, 2024

 https://www.npr.org/2024/06/21/nx-s1-5002265/texas-power-grid-is-challenged-by-electricity-loving-computer-data-centers

 https://kinder.rice.edu/urbanedge/homeownership-changing-houston-harris-county

 https://www.star-telegram.com/news/business/article289450980.html

From The New York Times: How Mark Zuckerberg’s Meta Failed Children on Safety, States Say

Facebook - and related sites - are being sued by 45 states. According to state attorney generals they are using the courts to prevent the parent company - Meta - from undermining child mental health with it products. Meta profits from child and teenaged users of its products, but the mental health consequences are passed on to the general society. 

- Click here for the article

You might also want to read: 

Surgeon general asks Congress to require warning labels on social media, saying platforms have ‘not been proved safe

Social Media and Youth Mental Health.

S.1409 - Kids Online Safety Act.

Meta, TikTok and other social media CEOs testify in heated Senate hearing on child exploitation.

States sue Meta claiming its social platforms are addictive and harm children’s mental health.

A few key words and phrases from the article. 

- lawsuits
- attorneys general of 45 states and the District of Columbia
- deceiving the public about the hazards
- child welfare.
- children on social media can be sexually solicited, harassed, bullied, body-shamed and algorithmically induced into compulsive online use.
- United States surgeon general
- Congress
- Kids Online Safety Act
- motions to dismiss their lawsuits.
- teenage mental health
- filters
- Instagram Kids

Thursday, June 20, 2024

From the Texas Tribune: Texas court finds Kerry Max Cook innocent of 1977 murder, ending decades-long quest for exoneration

More on exoneration.

- Click here for the article

Kerry Max Cook is innocent of the 1977 murder of Linda Jo Edwards, the Texas Court of Criminal Appeals found, citing stunning allegations of prosecutorial misconduct that led to Cook spending 20 years on death row for a crime he did not commit.

Cook was released from prison in 1997 and Smith County prosecutors set aside his conviction in 2016. The ruling Wednesday, by the state’s highest criminal court, formally exonerates him.

“This case is riddled with allegations of State misconduct that warrant setting aside Applicant’s conviction,” Judge Bert Richardson wrote in the majority opinion. “And when it comes to solid support for actual innocence, this case contains it all — uncontroverted Brady violations, proof of false testimony, admissions of perjury and new scientific evidence.”

Cook, now 68, became an advocate against the death penalty after his release. The ruling ends, as Richardson wrote, a “winding legal odyssey” stretching 40 years that was “marked by bookends of deception.”

Prosecutors in Smith County, in East Texas, accused Cook of the 1977 rape, murder and mutilation of 21-year-old Edwards. Cook’s first conviction in 1978 was overturned. A second trial in 1992 ended in a mistrial and a third in 1994 concluded with a new conviction and death sentence. The Court of Criminal Appeals reversed the second verdict in 1996, stating that misconduct by police and prosecutors had tainted the case from the start.

The Smith County district attorney intended to try Cook a fourth time in 1999 but settled for a plea deal in which Cook was released from prison but his conviction stood. Until Wednesday, he was still classified as a murderer by the Texas justice system.

Smith County District Attorney Jacob Putman did not immediately respond to a request for comment. Cook could not be reached for comment.

The Court of Criminal Appeals opinion Wednesday noted numerous instances of wrongdoing by police and prosecutors. During the 1978 trial, the prosecution illegally withheld favorable evidence from Cook’s defense team and much of the evidence they did present was revealed to be false.

One of the prosecution’s witnesses was a jailhouse snitch who met Cook at the Smith County jail and said Cook confessed to the murder. The witness later recanted his testimony as false, stating: “I lied on him to save myself.”

The prosecution also withheld that in exchange for that damning testimony, they had agreed to lower that witness’s first-degree murder charge to voluntary manslaughter.

Kazoo Kid (10 HOURS)

10 Hours of The Screaming Sheep

Mission Impossible - Flute Fail

Bad Saxophone Solo - Christian Song "Give Thanks"

🔊1 Hour Of 6-Tone Car Alarm Siren HD

Nails On Chalkboard | Annoying Sounds with Peter Baeten

BW - EP105—003: Sam Spade Comes To Radio—Why Humphrey Bogart Didn't Get ...

 


 


Wednesday, June 19, 2024

From the Texas Tribune: Texas Ethics Commission will require influencers to disclose when they’re paid for advertisement

An attempt to regulate social media impact on campaigns. Influencers are now officially recognized as campaign operatives who must disclose who they work for. 

Among other things, this is an example of rulemaking by the executive branch.

- Click here for the article.  

Texas’ top campaign finance watchdog voted Tuesday to require social media figures to disclose when they are paid for political advertisement, nearly a year after The Texas Tribune reported that influencers were being quietly paid to defend impeached Attorney General Ken Paxton.

In a 7-0 vote, the Texas Ethics Commission gave final approval to the changes, which were first proposed in March.

Last summer, the Tribune reported on a new company, Influenceable, that was paying Gen Z influencers to create or share social media posts that attacked the impeachment process and the Texas Republicans leading it, including House Speaker Dade Phelan. Commissioners did not mention the company directly on Tuesday, but said at their previous meeting that the changes were in response to “at least one business” that was paying social media figures for undisclosed political messaging.

Influenceable has a partnership with Campaign Nucleus, a digital campaign service that was founded by Brad Parscale, a top official on former President Donald Trump’s last two campaigns. It also received $18,000 from Defend Texas Liberty in May 2023, after which influencers began to parrot claims that Paxton was the victim of a political witch hunt, accuse Phelan of being a drunk or urge their millions of collective followers to come to Paxton’s aid.

Defend Texas Liberty is a political action committee that two West Texas oil billionaires, Tim Dunn and Farris Wilks, used to give more than $15 million to far-right campaigns and candidates in the state since 2021. The two are by far Paxton’s biggest donors.

The new change amends the commission’s rules to clarify that disclosures are required for those who are paid more than $100 to post or repost political advertisements.

“This is not the case of the TEC inventing a substantive requirement to rule making,” the commission’s general counsel, James Tinsley, said before the vote. “It’s quite the opposite. It’s pairing back an exception.”

The rule change was strongly opposed by groups and figures funded by Dunn and Wilks, who decried it when it was first proposed earlier this year and claimed that the commission was creating a “secret speech police” that could target citizens for routine social media posts. Some of the loudest critics of the proposal, including the right-wing website Texas Scorecard, have for years been involved in lawsuits that challenged the constitutionality of the commission and sought to strip it of most of its regulatory powers.

Tuesday, June 18, 2024

Monday, June 17, 2024

From Arnold & Itkin Trial Lawyers: Top 10 US Ports: Balancing Commerce & Worker Safety

A nice summary of the top ten ports in the United States. The Port of Houston is #5. It also discusses worker safety issues associated with each.

- Click here for the article.

Approximately 360 sea and river ports serve as the lifeblood of the U.S. economy, facilitating the flow of more than 2 billion tons of cargo in and out of the country every year. In addition to moving goods, these ports support millions of jobs, drive technological advancement, and contribute significantly to local and national economies.

America’s busiest ports, from the sprawling complexes of Los Angeles and New York to the strategic hubs of Savannah and Houston, are the driving force behind the country’s status as a key player in global trade. Not only will we consider—and rank—the busiest ports in the United States, but we will reflect on the challenges faced by workers and what role the companies operating at America’s ports can play in keeping them safe.

First, let’s look at the nation’s busiest ports, based on the number of 20-foot equivalent units (TEUs, a measure of volume in units of 20-foot-long containers) they handled in 2022.

. . . 5. Port of Houston

The Port of Houston is fifth on our list of America’s busiest ports with over 3.9 million TEUs. It has two container terminals and the largest petrochemical production facility in the U.S.

Key Features: The Port of Houston is the largest port in the Gulf of Mexico and its operations contribute to about $265 billion in revenue each year. Its economic impact is significant, generating approximately 1.35 million jobs in Texas and 3.2 million jobs nationwide. After petroleum, the Port of Houston’s major exports include oils, plastics, mineral products, wood, steel, iron, and fertilizers.


 

 https://www.nbcnews.com/politics/politics-news/maryland-governor-announces-pardons-175000-marijuana-convictions-rcna157466

Who am I to disagree?

 






1. Eye color is usually green or hazel. The eyes are set wide apart in the head.

2. Feet tend to be small and narrow. Toes are apt to be longer than most people feel is normal.

3. Ears are larger than average and set close to the head.

4. Hands and fingers are long and slender. Nails tend to be perfectly formed but fragile.

5. Facial features are usually delicate but sometimes appear to be sharply chiseled. Lips are either fuller than average or unusually thin.

6. Hips are fuller than average to downright wide. In women, breasts are small for build.

7. Hair tends to be red or blonde, but hair color alone does not prove alien ancestry.

8. Body build is small to average. Bones are usually weak.

9. Dreamers. The aliens who traveled to Earth long ago were almost certainly visionaries and that is reflected in their descendants today

10. Smart. They have the ability to size up situations quickly. They also are highly adaptable and often change plans in midstream.

11. Independent. They can survive without the help of others and are sometimes considered to be loners.

Wrongful convictions

- Wrongful Convictions and Imprisonment.

- Innocence Project.

- EJI: Wrongful Convictions.

- List of wrongful convictions in the United States.

Dear Chat GPT: Why do we Separate Governing Powers?

Dear Kevin:

The separation of governing powers, often referred to as the principle of separation of powers, is a foundational concept in democratic governance that aims to prevent the concentration of power in any one branch or individual within a government. This principle is typically attributed to political philosophers such as Montesquieu, who argued that dividing governmental authority among different branches helps to safeguard individual liberty and prevent tyranny. Here are several key reasons why the separation of powers is important:


1 - Checks and Balances: By dividing governmental powers among separate branches (typically legislative, executive, and judicial), each branch serves as a check on the others. This system ensures that no single branch can dominate the others or exercise unchecked authority. For example, legislative bodies can pass laws, but the executive branch can veto them (subject to override), and the judiciary can interpret laws and declare them unconstitutional.


2 - Prevention of Tyranny: Separation of powers reduces the risk of authoritarianism or tyranny by dispersing authority and creating institutional barriers to the accumulation of excessive power by any one individual or group. This helps to protect individual rights and freedoms by limiting the ability of government to infringe upon them arbitrarily.


3 - Specialization and Efficiency: Each branch of government can focus on its specific functions and responsibilities, leading to greater specialization, expertise, and efficiency in policymaking, law enforcement, and judicial decision-making. This specialization allows each branch to develop expertise in its area and perform its role more effectively.


4 - Accountability: Separation of powers enhances accountability in government. Each branch is accountable to different constituencies (e.g., voters for legislators, the public and media for executives, legal principles for judges), which helps ensure transparency, responsiveness, and integrity in decision-making processes.


5 - Promotion of Rule of Law: The separation of powers supports the rule of law by ensuring that laws are enacted, enforced, and interpreted through established procedures and institutions, rather than through arbitrary or unchecked exercises of authority.


6 - Political Stability: By providing a framework for resolving disputes and balancing competing interests through established processes and institutions, the separation of powers contributes to political stability and orderly governance.


Overall, the separation of powers is a fundamental principle of democratic governance that aims to prevent abuse of power, promote accountability and transparency, safeguard individual rights, and maintain the rule of law within a society. Its implementation varies across different countries and political systems but remains essential for maintaining democratic principles and protecting civil liberties.


Hugs and Kisses, Your Friend: 

Chat GPT

Dear Chat GPT: How can someone spot misinformation?

Dear Kevin: 

Spotting misinformation can be challenging in today's digital age where information spreads quickly and widely across various platforms. However, there are several strategies and techniques that can help individuals identify and avoid misinformation:

1 - Check the source: Examine the source of the information. Reliable sources often have a history of accurate reporting and are known for their journalistic standards. Be cautious of unfamiliar websites, social media accounts, or sources with biased or sensationalistic content.

2 - Verify with multiple sources: Cross-check information across multiple reputable sources to see if the same facts or details are reported consistently. If a claim is only reported by one source, especially if it's an unknown or unreliable source, it may be questionable.

3 - Look for evidence and citations: Trustworthy information usually includes citations, references to credible studies or experts, and verifiable data. Lack of transparency or specific details can indicate that the information is not reliable.

4 - Consider the context: Misinformation often lacks context or provides a distorted view of events. Look for background information, historical context, and multiple perspectives to understand the full picture.

5 - Evaluate the tone and language: Misinformation may use exaggerated language, emotional appeals, or provocative statements to evoke strong reactions. Be skeptical of content that seems designed to manipulate or provoke rather than inform.

6 - Fact-checking websites: Use fact-checking websites and organizations (e.g., Snopes, FactCheck.org, PolitiFact) that specialize in verifying the accuracy of claims and debunking misinformation.

7 - Check for updates and corrections: Reliable sources often update their articles with new information or issue corrections if errors are found. Lack of updates or corrections could indicate unreliable reporting.

8 - Question your own biases: Be aware of your own biases and how they might influence your interpretation of information. Critical thinking involves questioning assumptions and considering alternative viewpoints.

9 - Be cautious with viral content: Viral posts or videos can spread quickly, but they may not always be accurate. Take the time to verify before sharing or believing information that is trending online.

10 - Consult experts: When in doubt about complex or technical information, seek input from experts in the field who have knowledge and expertise in the subject matter.

By applying these strategies and being mindful of the quality and reliability of information sources, individuals can better protect themselves from misinformation and make informed decisions based on accurate information.

From the AP: FEC moves toward potentially regulating AI deepfakes in campaign ads

More potential regulations in response to a perceived problem.

- Click here for the article.  

The Federal Election Commission has begun a process to potentially regulate AI-generated deepfakes in political ads ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation.

The FEC’s unanimous procedural vote on Thursday advances a petition asking it to regulate ads that use artificial intelligence to misrepresent political opponents as saying or doing something they didn’t — a stark issue that is already being highlighted in the current 2024 GOP presidential primary.

Though the circulation of convincing fake images, videos or audio clips is not new, innovative generative AI tools are making them cheaper, easier to use, and more likely to manipulate public perception. As a result, some presidential campaigns in the 2024 race — including that of Florida GOP Gov. Ron DeSantis — already are using them to persuade voters.

The Republican National Committee in April released an entirely AI-generated ad meant to show the future of the United States if President Joe Biden is reelected. It employed fake but realistic photos showing boarded-up storefronts, armored military patrols in the streets, and waves of immigrants creating panic.

In June, DeSantis’ campaign shared an attack ad against his GOP primary opponent Donald Trump that used AI-generated images of the former president hugging infectious disease expert Dr. Anthony Fauci.

SOS America PAC, which supports Miami Mayor Francis Suarez, a Republican, also has experimented with generative AI, using a tool called VideoAsk to create an AI chatbot in his likeness.

Thursday’s FEC meeting comes after the advocacy group Public Citizen asked the agency to clarify that an existing federal law against “fraudulent misrepresentation” in campaign communications applies to AI-generated deepfakes.

The panel’s vote shows the agency’s intent to consider the question, but it will not decide whether to actually develop rules governing the ads until after a 60-day public comment window, which is likely to begin next week.

In June, the FEC deadlocked on an earlier petition from the group, with some commissioners expressing skepticism that they had the authority to regulate AI ads. Public Citizen came back with a new petition identifying the fraudulent misrepresentation law and explaining it thought the FEC did have jurisdiction.

A group of 50 Democratic lawmakers led by House Rep. Adam Schiff also wrote a letter to the FEC urging the agency to advance the petition, saying, “Quickly evolving AI technology makes it increasingly difficult for voters to accurately identify fraudulent video and audio material, which is increasingly troubling in the context of campaign advertisements.”

Republican Commissioner Allen Dickerson said in Thursday’s meeting he remained unconvinced that the agency had the authority to regulate deepfake ads.

“I’ll note that there’s absolutely nothing special about deepfakes or generative AI, the buzzwords of the day, in the context of this petition,” he said, adding that if the FEC had this authority, it would mean it also could punish other kinds of doctored media or lies in campaign ads.

Dickerson argued the law doesn’t go that far, but noted the FEC has unanimously asked Congress for more authority. He also raised concerns the move would wrongly chill expression that’s protected under the First Amendment.

Public Citizen President Robert Weissman disputed Dickerson’s points, arguing in an interview Thursday that deepfakes are different from other false statements or media because they fraudulently claim to speak on a candidate’s behalf in a way that’s convincing to the viewer.

“The deepfake has an ability to fool the voter into believing that they are themselves seeing a person say or do something they didn’t say,” he said. “It’s a technological leap from prior existing tools.”

Weissman said acknowledging deepfakes are fraud solves Dickerson’s First Amendment concerns too — while false speech is protected, fraud is not.

From the AP: As social media guardrails fade and AI deepfakes go mainstream, experts warn of impact on elections

Misinformation continues to be a problem during election campaigns. 

Social media and AI have compounded it.

- Click here for the article


Manipulated images and videos surrounding elections are nothing new, but 2024 will be the first U.S. presidential election in which sophisticated AI tools that can produce convincing fakes in seconds are just a few clicks away.

The fabricated images, videos and audio clips known as deepfakes have started making their way into experimental presidential campaign ads. More sinister versions could easily spread without labels on social media and fool people days before an election, Etzioni said.

“You could see a political candidate like President Biden being rushed to a hospital,” he said. “You could see a candidate saying things that he or she never actually said. You could see a run on the banks. You could see bombings and violence that never occurred.”

High-tech fakes already have affected elections around the globe, said Larry Norden, senior director of the elections and government program at the Brennan Center for Justice. Just days before Slovakia’s recent elections, AI-generated audio recordings impersonated a liberal candidate discussing plans to raise beer prices and rig the election. Fact-checkers scrambled to identify them as false, but they were shared as real across social media regardless.

These tools might also be used to target specific communities and hone misleading messages about voting. That could look like persuasive text messages, false announcements about voting processes shared in different languages on WhatsApp, or bogus websites mocked up to look like official government ones in your area, experts said.

Faced with content that is made to look and sound real, “everything that we’ve been wired to do through evolution is going to come into play to have us believe in the fabrication rather than the actual reality,” said misinformation scholar Kathleen Hall Jamieson, director of the Annenberg Public Policy Center at the University of Pennsylvania.

Republicans and Democrats in Congress and the Federal Election Commission are exploring steps to regulate the technology, but they haven’t finalized any rules or legislation. That’s left states to enact the only restrictions so far on political AI deepfakes.

A handful of states have passed laws requiring deepfakes to be labeled or banning those that misrepresent candidates. Some social media companies, including YouTube and Meta, which owns Facebook and Instagram, have introduced AI labeling policies. It remains to be seen whether they will be able to consistently catch violators.

From the Pew Research Center: How Americans Navigate Politics on TikTok, X, Facebook and Instagram

For our look at social media.

- Click here for it.

Social media platforms are often at the center of the nation’s political debates – from free speech and harassment to the fate of democracy itself. Companies’ decisions about who and what to allow on their platforms have taken on even more weight ahead of the 2024 U.S. presidential election.

Results from a Pew Research Center survey conducted in March 2024 shed new light on this environment. Americans’ experiences with politics on social media often depend on the platforms they use, from TikTok and X to Facebook and Instagram.

X stands out as a place people turn to for politics. A majority of X users (59%) say keeping up with politics or political issues is a reason they use it, compared with 36% of TikTok users and even smaller shares of Facebook or Instagram users (26% each).




Sunday, June 16, 2024


 

 


The Donor Class

Decreases in the the limits placed on money in politics has allowed a small handful of wealthy individuals to have increased influence on government. 

These people are referred to as the donor class. Their increased power has led many to question whether we are in fact still a democracy.

Some background: 

Question: What is the donor class? 

Answer: The political donor class refers to a group of individuals or organizations that contribute significant amounts of money to political campaigns or causes. These donors often wield influence over political decision-making processes due to their financial contributions, which can fund advertising, lobbying efforts, and other activities that promote their interests or preferred policies.

Key characteristics of the political donor class include:

1 - Financial Influence: They have the financial means to donate substantial sums to political campaigns, parties, or political action committees (PACs).

2 - Access to Politicians: Donors often gain access to elected officials and policymakers, allowing them to directly advocate for their interests.

3 - Policy Influence: Their donations can influence policy decisions, as candidates and elected officials may feel indebted to donors and prioritize their concerns.

4 - Diversity: The donor class can include individuals from various industries, such as finance, technology, healthcare, and energy, each with specific policy goals and priorities.

5 - Regulatory Environment: The influence of the donor class is shaped by campaign finance laws and regulations, which vary by country and jurisdiction.

Critics of the political donor class argue that their influence can undermine democratic principles by skewing policy outcomes in favor of wealthy interests, potentially marginalizing the concerns of ordinary citizens who may not have the financial resources to match the influence of major donors.


Readings: 

Democracy and the Donor Class.

What Elite Donors Want.

How big is the gap between the donor class and ordinary Americans? Bigger than you think.

Donor Demographics.

Friday, June 14, 2024

Should "life coaches" be regulated?

No one told me that they were interested in being a life coach. That's a shame because anyone can do it because there are no licensing requirements. It's a new field, so that explains it. 

But there's a movement afoot to regulate it since some life coaches charge a lot for their services, and no one seems sure just what those services are and whether they actually do anything. Maybe its just a scam.

First, what is a life coach?

A life coach is a professional who works with individuals to help them achieve their personal and professional goals, improve their lives, and overcome obstacles. Life coaches use a variety of techniques and approaches to support their clients in areas such as career, relationships, health, personal development, and more.

Life coaching typically involves a collaborative and client-centered approach, where the coach works closely with the client to identify their strengths, values, and aspirations, and then helps them create actionable plans to reach their desired outcomes. Coaches may utilize tools such as goal setting, action planning, accountability, visualization, and mindfulness techniques to support their clients in making positive changes and achieving success.

It's important to note that life coaching is distinct from therapy or counseling, as it focuses more on the present and future rather than delving into past traumas or mental health issues. Life coaches do not diagnose or treat mental health conditions but instead focus on empowering their clients to reach their full potential and live fulfilling lives.

What is controversial about life coaches?

Life coaching has been involved in several controversies, including:

Lack of qualifications: Life coaches are not required to have any specific licenses or certifications, unlike therapists and social workers who need to have a master's degree and state licensure. Some say that this has led to unqualified people claiming to be life coaches, which can harm the profession's reputation. Others argue that life coaches are not qualified to give psychological advice because they don't have the same licensing requirements as therapists.

Unregulated industry: The life coaching industry in the US is unregulated, and there are no government boards of examiners to enforce codes of conduct. The International Coaching Federation (ICF) is self-regulated, but it doesn't have legal authority. For example, Tony Robbins couldn't get certified by the ICF because he had violated their code of ethics multiple times.

False promises: Some life coaches have been involved in controversies over making false promises. For example, in 2006, Frank Kern, an internet marketing guru, was fined $250,000 by the Federal Trade Commission for making false promises.


Here's some reading material related to the industry - pro and con.   

- I’m a life coach, you’re a life coach: the rise of an unregulated industry.

- How the Life Coaching Industry Sells Pseudo-Solutions to Our Deepest Problems.

- Why Do Therapists Hate Life Coaches? An In-Depth Look at the Controversy of Tony Robbins.

 https://www.statesman.com/story/news/courts/2024/06/14/alex-jones-infowars-sandy-hook-defamation-case-texas-houston-court-bankruptcy-liquidation/74095064007/

 https://open.substack.com/pub/heathercoxrichardson/p/june-12-2024?r=1e580&utm_medium=ios

Texas Occupations Code

A good number of the professions you're pursuing require you to be licensed according to the Texas Occupations Code.

We'll dig a bit through this.

- Click here for it


For those looking at a medical field: 



- anesthesiology
- radiology
- cardiology
- oncology
- pediatrician
- family physician
- psychiatry

 https://foreignpolicy.com/2024/06/10/brics-currency-dollar-yuan-united-states-economy/

Thursday, June 13, 2024

 Houston council passed a $7.3B budget. Here's what it means for trash, drainage and public safety


https://www.houstonchronicle.com/politics/houston/article/budget-drainage-police-trash-19503485.php


 https://chinaspotlight.net/story/1578482/the-first-high-definition-atlas-of-the-moon-has-been-released?twclid=2-2gf6bp0miwkpk3p0d4cti00rr

How European elections work

- Click here for it

This is a terrific graphic

 

Links - 6/13/24

- Collective action.

- Free-rider problem.

- The Ghost Army: The mysterious men who tricked the Nazis with inflatable tanks in World War II.

- How Ross Perot Changed Political Campaigns.

- Trump, Perot, Scott: These are the 5 most expensive self-funded campaigns of all time.

- The Trade Desk: Supercharge your political advertising.

- Political consulting.

Voting Rights - Ownership of Property No Longer a Valid Qualification.

OWNERSHIP OF LAND AS A PREREQUISITE TO THERIGHT TO VOTE: EQUAL OR UNEQUAL PROTECTION?

Land of the Freeholder: How Property Rights Make Local Voting Rights.

- How misinformation on social media has changed news.

- Social Media.

- Buckley v Valeo.

TAP THIS! - "Honey I'm Good" Cloggers - Clogging Champions

Wednesday, June 12, 2024

Dear ChatGPT: Did James Madison have knee caps?

ChatGPT: Yes, James Madison, like all humans, had knee caps. Knee caps, also known as patellae, are a part of the human skeletal system and are present in all individuals, including historical figures like James Madison, who was one of the Founding Fathers of the United States and the fourth President of the United States.

 Mayor Whitmire and Houston City Council are learning to share power. Isn't that what voters wanted? | Editorial


https://www.houstonchronicle.com/opinion/editorials/article/john-whitmire-city-council-prop-a-speed-cushion-19503139.php


Tuesday, June 11, 2024

For our look at public opinion formation


 

From Radley Balko: The perpetual crisis in indigent defense

The 6th Amendment states that one has the right to have counsel for one's defense in a trial, but it doesn't say one must be provided (that was established in a landmark Supreme Court case) nor that they are necessarily competent.

Here's a look at indigent defense in the states.

- Click here for it

What my students might want to be when they grown up . . .

I've been asking this question for a while. Many of these professions require licenses by the state, or some other entity, which ties this question into our general subject.

I'm slowly building up more info related to each individual profession. What requirements exist? What forces passed these requirements into law?




- anesthesiology
- radiology
- cardiology
- oncology
- Dentist
- dental assistant
- dental hygienist
- orthodontist
- prosthodontist
- Paralegal
- Lawyer
- Lawyer in Medical-Malpractice law
- midwife
- Computer Science
- ESL elementary school teacher
- Spanish teacher in high school
- Marine Engineer
- astrophysicist
- family physician
- pediatrician
- pediatric nurse
- medical doctor
- a writer
- elementary school teacher
- Mechanical engineering
- psychiatry
- electrical engineer or tennis
- F1 engineer or a oncologist
- Esthetician nurse
- esthetician
- cosmetologist
- cyber security
- professional golfer
- forensic nurse practitioner
- physical therapy
- occupational therapist
- management information systems
- communications
- personal injury attorney
- criminal attorney
- high school or elementary choir director
- public defender
- pharmacist
- aerospace engineering
- video editor
- immigration lawyer
- healthcare administration
- licensed professional counselor
- travel nurse
- audio/visual
- veterinarian
- nurse anesthetist
- otolaryngology surgeon
- wealth management
- military - special forces

"The People" - A brief look at the role of public opinion in the American governing system.

Dear ChatGPT: What does "We The People" mean?

ChatGPT: "We the people" is a phrase that starts the preamble to the United States Constitution. It signifies that the authority of the government is derived from the citizens of the country. It's a declaration of the democratic principle that the government exists to serve and represent the collective will and interests of the people. This phrase emphasizes the idea of popular sovereignty, where the ultimate power and authority reside with the people themselves.


Dear ChatGPT: Who does "we the people" refer to?

ChatGPT: "We the people" refers to the collective body of citizens in the United States. It signifies that the authority of the government is derived from the citizens themselves, emphasizing the democratic principle of popular sovereignty. In the context of the preamble to the United States Constitution, "we the people" declares that the Constitution is established by and for the benefit of the citizens of the nation, affirming their role as the ultimate source of political power and legitimacy.


Dear Chat GPT: What is the role of public opinion in the American governing system?

ChatGPT: Public opinion plays a significant role in the American governing system. Here are some key aspects of its role:

Elections: Public opinion shapes election outcomes by influencing voters' choices. Politicians and parties often tailor their platforms and messages to align with prevailing public sentiments to attract support.

Policy-making: Elected officials, particularly in representative democracies like the United States, are expected to consider public opinion when crafting and implementing policies. While they may not always directly follow the majority opinion, they often take it into account to maintain their legitimacy and support.

Accountability: Public opinion serves as a mechanism for holding elected officials accountable for their actions. If officials deviate too far from public preferences, they may face backlash in the form of electoral defeat, protests, or other forms of public opposition.

Checks and balances: Public opinion acts as a check on the power of government institutions. When the public strongly opposes a particular policy or action, it can pressure elected officials, the judiciary, or other branches of government to reconsider or reverse their decisions.

Policy debates: Public opinion shapes the discourse surrounding policy issues. Debates in the media, academia, and among policymakers often reflect and respond to public attitudes and concerns.

Social change: Public opinion can drive social and cultural change by shaping attitudes and norms on issues such as civil rights, environmental protection, and healthcare. Activism and advocacy efforts often aim to mobilize public opinion in support of particular causes.

Overall, public opinion serves as a crucial mechanism for expressing the will of the people and influencing the actions of government in a democratic system like that of the United States.

From the Cincinnati Enquirer: Supreme Court case involving 1964 Cincinnati KKK rally could shield Trump from prosecution

We covered Brandenburg in class today: 

- Click here for the article.  

Any potential criminal charges against President Donald Trump in the U.S. Capitol riot would hinge on a 1969 U.S. Supreme Court decision surrounding a Cincinnati Ku Klux Klan rally, experts say.

The landmark case, Brandenburg v. Ohio, has been cited repeatedly after a mob stormed the Capitol Jan. 6. Trump had spoken to a crowd shortly before about a "stolen" election and going to the Capitol to "fight like hell" and "take back our country."

In its decision, the Supreme Court said speech that advocates for illegal activity is protected, unless it “is directed to inciting or producing imminent lawless action and is likely to produce such action.”

A reporter and cameraman filmed the event, which was later broadcast nationally.

The film showed 12 hooded people, some carrying firearms, gathered around a large wooden cross, which they set on fire.

In another scene, a hooded person later identified as Brandenburg, said, in part: “If our president, our Congress, our Supreme Court, continues to suppress the white Caucasian race, it’s possible that there might have to be some revengeance (sic) taken.”

. . . Any criminal charges against Trump would have “to overcome the Brandenburg hurdle,” said Michael Mannheimer, a professor at Northern Kentucky University’s Chase College of Law.

Mannheimer said the Supreme Court’s decision recognized that inflammatory political speech sometimes advocates breaking the law.

“Even if it advocates breaking the law, it can’t be criminalized unless it meets certain criteria under the First Amendment,” he said.

Kevin Francis O’Neill, a professor at Cleveland-Marshall College of Law who has studied the First Amendment for decades, said the decision lays out three elements a prosecutor must show:The speaker directly advocated for lawless action
The advocacy must call for immediate lawless action
The action must be likely to occur

O’Neill said he believes potential charges would hinge on whether Trump is seen to have directed the crowd to engage in lawless action.

“Did he expressly advocate violation of the law – that’s going to be the hard part,” he said.

From Pearland ISD: Human Resources Services Mission Statement

Our mission is to provide the highest degree of service and support so all employees can fulfill their responsibilities to Pearland ISD students.

Pearland ISD does not discriminate on the basis of race, religion, color, national origin, sex, age or disability in providing education or providing access to benefits of education services, activities and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with Disabilities Act; and the Age Discrimination Act of 1975.



Notice that they mention the following federals: 

- Title VI of the Civil Rights Act of 1964
- Title IX of the Educational Amendments of 1972
- Section 504 of the Rehabilitation Act of 1973
- Title II of the Americans with Disabilities Act
- The Age Discrimination Act of 1975. 


This is an example of federalism. The national government placing requirements on - in this case - a local government.

Since these are not funded by the national government, they can be called unfunded mandates.

For links to interest groups affiliated with the human resources industry:  

The National Human Resources Association.

The Society for Human Resource Management

CUPA-HR

What is a pre-sentencing hearing?

It happened to Trump on 6/10/24. 

- Trump completes mandatory presentencing interview for hush money conviction.

For more: 

- From the Southern District Court of Texas: Presentence Investigation.

- From Brazoria County: Pre-sentence Investigation Reports 

- The U.S. Probation Office Western District of Texas: The Presentence Report.

Monday, June 10, 2024

 


 https://open.substack.com/pub/joycevance/p/still-digging-justice-alito?r=1e580&utm_medium=ios

From the Washington Post: A restaurant wanting a ‘grown and sexy’ vibe bans diners under 30

This is age discrimination. Is it legal? Can it be successfully challenged? How? 

- Click here for the article

When Marvin Pate and his wife opened Bliss, their Caribbean restaurant outside St. Louis, they were aiming for an upscale, luxe vibe. They put jollof rice and tropical cocktails on the menu, offered hookahs for patrons to enjoy — and they banned diners under the age of 30.

Since opening its doors in May, the restaurant has operated with an unusual age restriction, allowing in only women at least 30 and men at least 35, rules that the owners have been defending as necessary to maintain the kind of “grown and sexy” atmosphere they’re aiming for. “This policy is in place to ensure a mature, sophisticated, and safe dining environment for everyone,” the restaurant said in a Facebook post.

The age restriction has polarized customers, but Pate and his team have defended them as needed to keep out a rowdy younger crowd. “It’s just something for the older people to come do and have a happy hour, come get some good food and not have to worry about some of the young folks who bring some of that drama,” assistant manager Erica Rhodes told local news outlet KSDK News.
Happy hours are billed as a civilized experience: “This is strictly for the grown and sexy, so we’re keeping it classy — ladies 30 and up, fellas 35 and up,” Bliss posted on Facebook.

. . . Johnson seconded that: “We are standing on this age restriction. It’s a brand and vibe we are trying to protect,” he said.

Legally, restaurants have the right to impose age limits because age is not a protected class in that context. Controversies around age restrictions usually have cropped up when restaurants ban children. Last year, Nettie’s House of Spaghetti in New Jersey, drew both rebuke and praise when it banned kids under 10, citing the noise and “crazy messes” they brought.

It’s far less common for such rules to target adults. But there are exceptions: In San Antonio, Horizons & More bills itself as a 30-and-up destination “for the grown & mature.” And in New York, cocktail bar The Auction House imposes a 25-and-up policy on Fridays and Saturdays.

Last year, two TikTokers shared a tale of being turned away from Melody’s Bar & Grill in Los Angeles because they weren’t old enough for the establishment’s 30-plus night. One response to the video seemed to come from someone who appreciated the idea of a 20-something-free zone: “I know it hurts right now, but when you are 30 you’ll understand.”

For more: 

- Protected Class

- Major Life Activity.

- Youth Age Discrimination.

- National Youth Rights Association.

 https://www.rollingstone.com/politics/politics-features/tim-dunn-texas-oil-billionaire-trump-donor-1235033143/

Who Represents Ricky the Railcat? Or, Who Represents Robert Turner High School?

This post is meant to help students Summer 1 with the second active learning assignment. 

I want you to find out who represents you on the state and national level and tell a few things about each person, and perhaps a bit also about the districts they represent.

You can find out who represents you by clicking here. There are other places you can go to find this information as well. 

I inserted Robert Turner High School's address - 4717 Bailey Road, Pearland, Texas 77584 - and got the following info: 


Congressman Troy E. Nehls - U.S. Congressional District 22
U.S. Congressional District 22.
Troy E. Nehls.

Representative Ed Thompson - Texas House District 29.
Texas House District 29.
- Ed Thompson.

Senator Mayes Middleton - Texas Senate District 11
Texas Senate District 11.
- Mayes Middleton.

Ms. Julie Pickren - State Board of Education District 7
State Board of Education District 7.
Ms. Julie Pickren.

Senator John Cornyn - U.S. Senate
- John Cornyn.
- U.S. Senate.

Senator Ted Cruz - U.S. Senate
- Ted Cruz.
- U.S. Senate.


Those are six names in five different institutions, representing various constituencies for various term lengths. 

From the Houston Chronicle: Houston’s private developers won’t take the bait on incentives for green development. Here’s why

Tax abatements are often used to encourage private market forces to provide items deemed important to the general public.

But sometimes they don't work.

- Click here for the article

After a Houston tax abatement program – aimed at encouraging more eco-friendly development – received only one application in three years, city officials are scrambling to determine how to get private developers to participate.

The Green Stormwater Infrastructure Incentive Program is designed to promote green stormwater projects, such as planting gardens and other vegetation near drainage pipes, so that the greenery can help collect excess water or slow its runoff.

They have the added benefit of being “amenitized” drainage projects, says Michael Bloom, a sustainable practice manager who works with Houston-based 5engineering, which means they look attractive too.

The goal of the city’s program is to improve the city’s overall drainage systems, while also providing a tool for flood mitigation – and to do this with help from private developers.
Despite the environmental benefits and aesthetic appeal of this kind of building, developers have yet to take advantage of the incentive since it launched in 2021.

The lack of applications for a widely recommended flood mitigation tool raises the question of why developers appear uninterested – and what the city might do to make the program more appealing, particularly at a moment when it has been contending with major storm damage and flooding.

Sunday, June 9, 2024

From Houston Public Media: ‘Six elections since November’: Harris County officials estimate that low turnout could be due to voter fatigue

An ironic form of voter suppression. Tire voters out.

- Click here for the article

Call it election overload, voter fatigue, or voter burnout.

Voting, expressing our feelings, joining as one, is a right in America. Yet, year after year, voter rolls are getting smaller, and turnout is so small that a small percentage is making decisions for millions. Texas is not immune. In fact, the election schedule is so heavy that it could even be the problem, one Harris County official says.

"In terms of why there are such a low percentage of voters, there could be various reasons why. Next month will be six elections Harris County has conducted, six elections since last November, back-to-back-to-back-to-back," said Harris County Clerk Tenisha Hudspeth. "November, December, March primary, May 4th special, now the runoff, and then another runoff in June."

In Tuesday's election in Harris County, the largest county with the largest city in Texas, nearly 50,000 people made the decisions for almost five million.

Hudspeth said she would be interested in hearing conversations about minimizing the days of elections and what’s on the ballot at the same time.

"But that's not up to me, and I think that is up to the legislature here in the state of Texas to have more conversations about elections,” Hudspeth said. “How they impact this state, how they impact this county, what's productive for voters in the state of Texas. What I can tell you is there's a legislation session that's coming up next year. And I think voting and elections is always on the table in the state of Texas, that's just the reality."

Hudspeth said that because the election included a short ballot, she feels many voters are choosing to wait until November for the all-important state-wide and national elections.

The upcoming June 15th election is a bi-annual vote, where voters elect representatives in cities, school boards and water districts, and other governing bodies.


- Voter Suppression.

- Voter Fatigue.

From The Journal of Economic Perspectives: State Franchise Laws, Dealer Terminations, and the Auto Crisis

This popped and I thought it was a good example of the importance of  political connections. Car dealerships survive - in many ways - due to their political skills, which are based on their connections to auto manufacturing.

- Click here for the article.  

The regulation of auto franchises arose as a response to car manufacturer opportunism early in the twentieth century. According to Surowiecki (2006), in 1920, Henry Ford took advantage of its established dealer network by forcing dealers to buy inventories of new cars that they were unlikely to sell. The reason that the company could “force” dealers to take the cars was that they had all made important investments in their facilities and reputation. Thus they had sunk costs that could be expropriated. Ford and General Motors used the same strategy again during the Great Depression. These episodes demonstrated to policymakers that the franchisor, with its greater information and financial resources, might exploit investments made by the franchisees. Federal regulation followed these periods, likely driven partially by the experiences of the dealers and their requests for protection.

The starting point for auto franchise regulation is the 1956 federal act generally known as the Automobile Dealer’s Day in Court Act (ADDICA), which provides that a car dealer may recover damages if its manufacturer fails to act in complying with the terms of the franchise agreement, including on issues of allocation of vehicles to dealers, or matters of termination, cancellation, or transfer of the franchise.

However, by the time the ADDICA was enacted, 20 states had already passed auto franchise laws. Today, every state has a law governing car manufacturer/dealer relationships. These state laws tend to be more dealer-friendly than the federal law. 

__________

So now it think about it this way: If you want to be a car dealer when you grow up, how do you do it? 

- How to Be a Texas Car Dealer.

- 7 STEPS TO A TEXAS DEALERS LICENSE.

- Texas Administrative Code: Motor Vehicle Distribution.