Check out Penal Code 415:
Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:
(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
Is it just me, or do (2) and (3) sound unconstitutionally vague?
"And if an epitaph be my story, I'd have a short one ready for my own: I had a lover's quarrel with the world." -- Robert Frost
Friday, September 11, 2009
September 11 and Terrorism
Here is my previous post on terrorism and the likely future suspects. In my humble opinion, American Muslims do not generally represent a serious threat to any state's security. Every group, however, has radicals, and we ought to focus on the methods governments should use to monitor perceived radicals. In short, balancing civil liberties with security is the real debate.
May God bless all the victims of 9/11, including their surviving families, and post-9/11 hate crime victims.
May God bless all the victims of 9/11, including their surviving families, and post-9/11 hate crime victims.
Thursday, September 10, 2009
Joe Wilson, Republican from South Carolina
First, Governor Sanford, now Joe Wilson. South Carolina can't seem to elect decent representatives. During President Obama's recent speech, Republican Joe Wilson yelled, "You lie!" Below is my letter to Mr. Wilson's office, asking him to resign. Feel free to copy and send to joe.wilson@mail.house.gov
Mr. Wilson:
Your conduct at President Obama's recent speech was unacceptable. You are dealing with the President of the United States of America, not a pitcher at a baseball game. Your heckling was boorish and showed disrespect to our Commander in Chief. Your apology is insufficient.
Please resign immediately. The great state of South Carolina has already suffered so much. It deserves new faces and credible reputations to represent its residents.
Mr. Wilson:
Your conduct at President Obama's recent speech was unacceptable. You are dealing with the President of the United States of America, not a pitcher at a baseball game. Your heckling was boorish and showed disrespect to our Commander in Chief. Your apology is insufficient.
Please resign immediately. The great state of South Carolina has already suffered so much. It deserves new faces and credible reputations to represent its residents.
Law and Justice as Two Separate Concepts
Do you believe the law and justice go hand in hand? If so, get your drink of choice, sit down, and prepared to be shell-shocked. Unquestionably the most stunning piece I have read in recent memory:
http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann?currentPage=all
("Trial by Fire," by David Grann)
I am completely numb after reading it. My friend Samantha S. says, "the law is not about 'justice'--it is about application of rules. It isn't perfect, but it is all we have."
Follow-up here. From the New Yorker's comments section: "The most telling irony... what the State of Texas listed as the cause of death for Cameron Todd Willingham: homicide. One fact they absolutely got right."
More here on public defenders, Gideon, and access to justice.
Bonus: how much does it cost to execute someone? Answer is here.
http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann?currentPage=all
("Trial by Fire," by David Grann)
I am completely numb after reading it. My friend Samantha S. says, "the law is not about 'justice'--it is about application of rules. It isn't perfect, but it is all we have."
Follow-up here. From the New Yorker's comments section: "The most telling irony... what the State of Texas listed as the cause of death for Cameron Todd Willingham: homicide. One fact they absolutely got right."
More here on public defenders, Gideon, and access to justice.
Bonus: how much does it cost to execute someone? Answer is here.
Wednesday, September 9, 2009
Extra-judicial Bonds
Once in a while, I come across an interesting comment on internet message boards. The following comment, from seamusmcdermott, is about our justice system:
This case highlights a problem in the justice system. Judges, prosecutors and police fraternize with one another and form extrajudicial bonds. These bonds reach into the courtroom with undue frequency, resulting in a system that leans unfairly towards the prosecution's case.
Judges need to be beyond such influences, but they aren't. Go to any courthouse (Hall of Justice?) in the Bay Area and visit the cafeteria. You'll see what I'm talking about. This isn't discussed much because people are largely unaware of it, or don't care, or WANT people convicted, even if they didn't commit the crime for which they are charged.
Stuff like this was behind the case recently where DNA evidence exculpated 55 death row inmates in Illinois. And the prosecutors STILL wanted to execute them, even though the DNA evidence clearly showed them to be innocent. Crazy, huh? And prosecutors are protected from civil action in these cases.
This case highlights a problem in the justice system. Judges, prosecutors and police fraternize with one another and form extrajudicial bonds. These bonds reach into the courtroom with undue frequency, resulting in a system that leans unfairly towards the prosecution's case.
Judges need to be beyond such influences, but they aren't. Go to any courthouse (Hall of Justice?) in the Bay Area and visit the cafeteria. You'll see what I'm talking about. This isn't discussed much because people are largely unaware of it, or don't care, or WANT people convicted, even if they didn't commit the crime for which they are charged.
Stuff like this was behind the case recently where DNA evidence exculpated 55 death row inmates in Illinois. And the prosecutors STILL wanted to execute them, even though the DNA evidence clearly showed them to be innocent. Crazy, huh? And prosecutors are protected from civil action in these cases.
Mark Cuban and Unpaid Internships
I'm a huge fan of Mark Cuban. If reincarnation exists, I'd like to be reincarnated as him. Mr. Cuban recently blogged about unpaid internships and the maze of regulations involved in creating a legal unpaid intern position. See here. My response is below:
Mark’s HR representative is mostly correct. I handle labor and employment cases in California, and I tell my clients never to hire an [unpaid] intern unless they go through an authorized college program. Overall, as a business owner as well as a plaintiffs' employment lawyer, I see both the pro-business and pro-employee sides of employment issues.
Mr. Cuban and the minimum wage supporters are both correct. Mr. Cuban is correct in stating that potential employees have lost an opportunity because of the law’s expansive liability. The min-wage group is also correct when it contends that unpaid internships favor affluent and middle-class children who can afford to work without pay for some time. One can hold both positions without any contradiction.
Mr. Cuban, however, weakens his argument by refusing to acknowledge that internships favor more affluent kids. It is true that a poor kid from the ghetto could work two or three jobs–something Mr. Cuban did–and use public transportation to get valuable experience, but the overwhelming majority of the participants would not fall into the aforementioned category.
Mr. Cuban contends that it is not impossible for poor kids to participate and benefit from unpaid internships. Again, true, but when the overwhelming majority of unpaid interns are not poor kids or are supported by parents, it should be clear that unpaid internships tend to discriminate against poorer students, adults, and teenagers.
What is the solution? We need to revamp our entire educational system. Most education in America is no better than government-subsidized babysitting. When you compare American high school graduates with high school graduates from India, Pakistan, Iran, Israel, Norway, etc., the differences are stunning. Many international students specialize in a particular area and are familiar with a particular field when they graduate high school or college. American schools, in contrast, refuse to track students, equating “tracking” with stigmatizing. Other countries have no such qualms, which results in a less egalitarian, but more workforce-ready society.
America’s biggest problem (and positive) is its idealism and the idea that all students must be educated through college. Other countries actively weed out under-performers from colleges and even high schools. A more selective educational system will not go over very well in egalitarian-minded America until we realize we are failing our children in an increasingly globalized economy. The Bill and Melinda Gates Foundation is doing some wonderful things with charter schools, but it’s not enough. Teachers’ unions–which represent teachers, i.e., government workers, not children–are very powerful and will resist any educational overhaul.
Ultimately, if you want to blame someone for our unfair economic system, which favors rich kids and penalizes poorer kids, blame the American educational system and the teachers’ unions. An American high school diploma and college degree mean nothing these days. Think about why our degrees and diplomas have become worthless in proving workforce readiness. (Hint: it isn’t because of Mark Cuban.) Think about why employers want to see people work on the job before hiring them as employees. Think about whether an unpaid internship is useful in determining whether an employee and employer may find each other mutually beneficial. Ask yourself, “Does a person’s willingness to work for free indicate dedication and long-term interest?” Also, remember that no one is saying that the intern’s unpaid status should be permanent or long-term–I think Mr. Cuban is saying that an unpaid internship is a short-term “trial” period to determine whether a particular project or worker is capable of generating revenue for both the employee and the employer. In any case, don’t blame Mr. Cuban for trying to find hard workers. He’s just a realist, not a blood-sucking capitalist.
[This post has been slightly modified since its original publication.]
Mark’s HR representative is mostly correct. I handle labor and employment cases in California, and I tell my clients never to hire an [unpaid] intern unless they go through an authorized college program. Overall, as a business owner as well as a plaintiffs' employment lawyer, I see both the pro-business and pro-employee sides of employment issues.
Mr. Cuban and the minimum wage supporters are both correct. Mr. Cuban is correct in stating that potential employees have lost an opportunity because of the law’s expansive liability. The min-wage group is also correct when it contends that unpaid internships favor affluent and middle-class children who can afford to work without pay for some time. One can hold both positions without any contradiction.
Mr. Cuban, however, weakens his argument by refusing to acknowledge that internships favor more affluent kids. It is true that a poor kid from the ghetto could work two or three jobs–something Mr. Cuban did–and use public transportation to get valuable experience, but the overwhelming majority of the participants would not fall into the aforementioned category.
Mr. Cuban contends that it is not impossible for poor kids to participate and benefit from unpaid internships. Again, true, but when the overwhelming majority of unpaid interns are not poor kids or are supported by parents, it should be clear that unpaid internships tend to discriminate against poorer students, adults, and teenagers.
What is the solution? We need to revamp our entire educational system. Most education in America is no better than government-subsidized babysitting. When you compare American high school graduates with high school graduates from India, Pakistan, Iran, Israel, Norway, etc., the differences are stunning. Many international students specialize in a particular area and are familiar with a particular field when they graduate high school or college. American schools, in contrast, refuse to track students, equating “tracking” with stigmatizing. Other countries have no such qualms, which results in a less egalitarian, but more workforce-ready society.
America’s biggest problem (and positive) is its idealism and the idea that all students must be educated through college. Other countries actively weed out under-performers from colleges and even high schools. A more selective educational system will not go over very well in egalitarian-minded America until we realize we are failing our children in an increasingly globalized economy. The Bill and Melinda Gates Foundation is doing some wonderful things with charter schools, but it’s not enough. Teachers’ unions–which represent teachers, i.e., government workers, not children–are very powerful and will resist any educational overhaul.
Ultimately, if you want to blame someone for our unfair economic system, which favors rich kids and penalizes poorer kids, blame the American educational system and the teachers’ unions. An American high school diploma and college degree mean nothing these days. Think about why our degrees and diplomas have become worthless in proving workforce readiness. (Hint: it isn’t because of Mark Cuban.) Think about why employers want to see people work on the job before hiring them as employees. Think about whether an unpaid internship is useful in determining whether an employee and employer may find each other mutually beneficial. Ask yourself, “Does a person’s willingness to work for free indicate dedication and long-term interest?” Also, remember that no one is saying that the intern’s unpaid status should be permanent or long-term–I think Mr. Cuban is saying that an unpaid internship is a short-term “trial” period to determine whether a particular project or worker is capable of generating revenue for both the employee and the employer. In any case, don’t blame Mr. Cuban for trying to find hard workers. He’s just a realist, not a blood-sucking capitalist.
[This post has been slightly modified since its original publication.]
Tuesday, September 8, 2009
My Experience as a Lawyer
From what I see, people either distrust corporations or the government. If you tell me which you distrust more, I can probably tell you whether you're a Republican or Democrat.
But if we set aside politics, the first problem with laws is that small businesses--an essential part of our economy--get entangled in regulations that should be designed only for major corporations.
The second problem is that these small businesses--many of them immigrant-owned--don't have litigation budgets or cannot afford to pay a lawyer in advance to comply with every technical law. It just seems unfair that Mr. Cambodian Donut Shop Owner has to learn about some technical violation only when he gets served with a lawsuit and has to go lawyer-hunting.
The third problem is that government doesn't do enough to help these small businesses, even as it taxes them heavily and relies on revenue from them.
The fourth problem--and why change is so difficult--is that major corporations essentially control much of the legislation (when they're not writing it) and heavily influence Congress.
Overall, there are many laws we ought to have, but not if they also apply to small businesses. It's a shame we don't impose minimum revenue requirements on small businesses before subjecting them to thousands of pages of hard-to-understand laws.
But if we set aside politics, the first problem with laws is that small businesses--an essential part of our economy--get entangled in regulations that should be designed only for major corporations.
The second problem is that these small businesses--many of them immigrant-owned--don't have litigation budgets or cannot afford to pay a lawyer in advance to comply with every technical law. It just seems unfair that Mr. Cambodian Donut Shop Owner has to learn about some technical violation only when he gets served with a lawsuit and has to go lawyer-hunting.
The third problem is that government doesn't do enough to help these small businesses, even as it taxes them heavily and relies on revenue from them.
The fourth problem--and why change is so difficult--is that major corporations essentially control much of the legislation (when they're not writing it) and heavily influence Congress.
Overall, there are many laws we ought to have, but not if they also apply to small businesses. It's a shame we don't impose minimum revenue requirements on small businesses before subjecting them to thousands of pages of hard-to-understand laws.
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