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thinkahol *

US war laws explained, why Afghanistan and Iraq wars are unlawful, how to end them - 0 views

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    The laws of war are essential for citizens and legislators to master if humanity is to evolve beyond our violent history of war to enjoy civil communities. To bring these basic laws to life, we'll touch on war's history, explain the letter of US war laws, explain the philosophy/spirit of US war laws, and make the obvious conclusion once the laws are clearly understood that current US wars in Afghanistan and Iraq are unlawful orders that our military must refuse and stop as demanded in their oath to the protect and defend the US Constitution.
thinkahol *

US war laws explained, why Afghanistan and Iraq wars are unlawful, how to end them - Lo... - 0 views

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    The laws of war are essential for citizens and legislators to master if humanity is to evolve beyond our violent history of war to enjoy civil communities. To bring these basic laws to life, we'll touch on war's history, explain the letter of US war laws, explain the philosophy/spirit of US war laws, and make the obvious conclusion once the laws are clearly understood that current US wars in Afghanistan and Iraq are unlawful orders that our military must refuse and stop as demanded in their oath to the protect and defend the US Constitution.
Christopher Aiden

HOW TO BOOST PROFIT MARGINS OF A LAW FIRM? - 0 views

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    Maintaining the Profitability of a Legal Firm is a highly complex task due to the variant industry trends and nature of core activities. A Law firms has to handle different legal and non legal tasks of it's each and every client. This Blog will help you out with simple but effective tips to boost the productivity of your Law Firm in terms of ROI and Competence... https://goo.gl/2kCQwP
Skeptical Debunker

Big Content condemns foreign governments that endorse FOSS - 0 views

  • University of Edinburgh law lecturer Andres Guadamuz wrote a blog entry this week highlighting some particularly troubling aspects of the IIPA's 301 recommendations. The organization has condemned Indonesia and several other countries for encouraging government adoption of open source software. According to the IIPA, official government endorsements of open source software create "trade barriers" and restrict "equitable market access" for software companies. The profound absurdity of this accusation is exacerbated by the fact that Indonesia's move towards open source software was almost entirely motivated by a desire to eliminate the use of pirated software within the government IT infrastructure. It's important to understand that Indonesia has not mandated the adoption of open source software or barred government agencies from purchasing proprietary commercial software. The Indonesian government issued a statement in 2009 informing municipal governments that they had to stop using pirated software. The statement said that government agencies must either purchase legally licensed commercial software or switch to free and open source alternatives in order to comply with copyright law. This attempt by Indonesia to promote legal software procurement processes by endorsing the viability of open source software has apparently angered the IIPA. In its 301 recommendations for Indonesia, the IIPA demands that the government rescind its 2009 statement. According to the IIPA, Indonesia's policy "weakens the software industry and undermines its long-term competitiveness" because open source software "encourages a mindset that does not give due consideration to the value to intellectual creations [and] fails to build respect for intellectual property rights." The number of ways in which the IIPA's statements regarding open source software are egregiously misleading and dishonest are too numerous to count. The IIPA seems to have completely missed the fact that there is a very robust ecosystem of commercial software vendors in the open source software market and that open source software is at the heart of some of the most popular consumer electronics products that are sold in the United States. It has clearly become an important part of the US software economy and increasingly serves as an enabler of innovation and technological progress. In light of the profitability of Red Hat and other open source leaders, it seems absurd to contend that open source software adoption will weaken the software industry or reduce its competitiveness. In fact, the emergence of open source software has contributed to creating a more competitive landscape in the software industry by offering alternative business models that enable smaller companies to gain traction against the dominant incumbent players. The IIPA's position is profoundly hypocritical, because many parts of the US government, including the Department of Defense, have issued their own memos endorsing open source software adoption. The IIPA's disingenuous move to equate open source software with piracy reeks of desperation. The BSA and other IIPA members are likely losing sleep over open source software because that development model and approach to licensing will empower developing countries to build their own domestic IT industries, eliminating the need for them to tithe to American software giants. It's another failing of the 301 review, which Big Content wants used to coerce other countries into adopting ever-more-stringent copyright laws.
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    In accordance with US trade law, the Office of the US Trade Representative (USTR) is required to conduct an annual review of the status of foreign intellectual property laws. This review, which is referred to as Special 301, is typically used to denounce countries that have less restrictive copyright policies than the United States. The review process is increasingly dominated by content industry lobbyists who want to subvert US trade policy and make it more favorable to their own interests. We have already noted the targeting of Canada for its supposedly lax copyright laws, but that is not the only nation drawing the ire of Big Content. One of the organizations that plays a key role in influencing the Special 301 review is the International Intellectual Property Alliance (IIPA), a powerful coalition that includes the RIAA, the MPAA, and the Business Software Alliance (BSA). The IIPA, which recently published its official recommendations to the USTR for the 2010 edition of the 301 review, has managed to achieve a whole new level of absurdity.
Skeptical Debunker

Tax Bomber Stack Wanted Independent Contractor Status to Avoid Paying Taxes - 0 views

  • Stack was upset that §1706 did precisely what it was designed to do: Deprive him of the chance to exploit independent contractor status to avoid paying taxes through non-filing or through the understatement of income, overstatement of deductions, and avoidance of income tax withholding. In spite of the overwhelming advantages attendant to employee status, Joe Stack desperately wanted to be treated as an independent contractor for one simple reason: It would have made his tax protesting easier.4 Footnotes: ¹  We have met many taxpayers who worked as independent contractors for years without so much as a peep of protest until they realized, ex post facto, that it might have better for them to have been treated as employees. In our experience, workers tend to be content with their independent contractor status until one of the following happens: They get fired or quit They get hurt on the job They get sued for something they did while on the job They need a bank loan (and employment verification)  ²  If Stack had been an independent contractor and was subsequently “fired” by his principal, my hunch is it would have taken him less time to file a claim for unemployment compensation than it takes Apolo Ohno to finish short track. ³  Indeed, §1706 was included in TRA ‘86 because the CBO had estimated that the government was losing up to 30% of taxes because independent contractors were either not reporting all of their income on their tax returns or were claiming fraudulent or questionable deductions against that income. 4   Like all tax protestors, Stack knew that once the IRS had collected his taxes through payroll withholding it would never give it back to him based on previously refuted tax protestor arguments. Consequently, his only chance of avoiding taxes was to control his own tax payments and then use his frivolous arguments to evade or at least defer paying taxes.
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    Enacted in 1978, §530 is a safe harbor law that lists several conditions which if met allows workers to be treated as independent contractors rather than employees.\n\n Joe Stack was compelled to burn his house down, murder his wife and children and fly his airplane into the side of a federal building because 24 years ago Congress passed and President Reagan signed into law the Tax Reform Act of 1986 that added sub-section (d) to §530 thereby excluding engineers and computer programmers from the safe harbor provisions of §530 .\n\nThe passage of this law (§1706 of the Tax Reform Act of 1986) did not as some have suggested make all engineers and computer programmers employees, it merely made them subject to the 20 factor common law test historically used for determination of a worker's status. In other words, had Joe Stack been truly independent from the company or companies to whom he provided services, he could have, should have and would have been treated as an independent contractor rather than an employee.
thinkahol *

Rules of America's rule of law - Glenn Greenwald - Salon.com - 0 views

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    * If you torture people or eavesdrop on Americans without the warrants required by the criminal law, you receive Look-Forward Imperial Immunity. * If you shoot and kill unarmed rescuers of the wounded while occupying their country and severely wound their unarmed children sitting in a van -- or if you authorize that conduct -- your actions are commended. * If you help wreck the world economy with fraud and cause hundreds of millions of people untold suffering, you collect tens of millions of dollars in bonuses. * If you disclose to the world evidence of war crimes, government lawbreaking, or serious corruption, or otherwise embarrass the U.S., you will be swiftly prosecuted to the fullest extent of the law and face decades in prison.
thinkahol *

Prop 19: Cops, Law Enforcement Support Marijuana Legalization | Elections - 0 views

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    In just the last several days, dozens of police officers, prosecutors, and other law enforcement officials have joined forces to endorse California's Prop 19 to legalize marijuana. Led by Law Enforcement Against Prohibition, the mostly former officials say that marijuana prohibition only fuels more dangerous crime by enriching Mexican drug cartels who put guns on American streets.
Skeptical Debunker

Use of DNA evidence is not an open and shut case, professor says - 0 views

  • In his new book, "The Double Helix and the Law of Evidence" (Harvard University Press), Kaye focuses on the intersection of science and law, and emphasizes that DNA evidence is merely information. "There's a popular perception that with DNA, you get results," Kaye said. "You're either guilty or innocent, and the DNA speaks the truth. That goes too far. DNA is a tool. Perhaps in many cases it's open and shut, in other cases it's not. There's ambiguity."
  • One of the book's key themes is that using science in court is hard to do right. "It requires lawyers and judges to understand a lot about the science," Kaye noted. "They don't have to be scientists or technicians, but they do have to know enough to understand what's going on and whether the statements that experts are making are well-founded. The lawyers need to be able to translate that information into a form that a judge or a jury can understand." Kaye also believes that lawyers need to better understand statistics and probability, an area that has traditionally been neglected in law school curricula. His book attempts to close this gap in understanding with several sections on genetic science and probability. The book also contends that scientists, too, have contributed to the false sense of certainty, when they are so often led by either side of one particular case to take an extreme position. Scientists need to approach their role as experts less as partisans and more as defenders of truth. Aiming to be a definitive history of the use of DNA evidence, "The Double Helix and the Law of Evidence" chronicles precedent-setting criminal trials, battles among factions of the scientific community and a multitude of issues with the use of probability and statistics related to DNA. From the Simpson trial to the search for the last Russian Tsar, Kaye tells the story of how DNA science has impacted society. He delves into the history of the application of DNA science and probability within the legal system and depicts its advances and setbacks.
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    Whether used to clinch a guilty verdict or predict the end of a "CSI" episode, DNA evidence has given millions of people a sense of certainty -- but the outcomes of using DNA evidence have often been far from certain, according to David Kaye, Distinguished Professor of Law at Penn State.
Skeptical Debunker

Leaked intelligence documents: Here's what Facebook and Comcast will tell the police ab... - 0 views

  • The "Facebook Subpoena/Search Warrant Guidelines" from the Cryptome site are dated 2008, so there's a chance they've been superseded. The document spells out how law enforcement and intelligence agenices should go about requesting information about Facebook users, and details what information is turned over. Following is what Facebook will turn over about you, taken verbatim from the guide: Types of Information Available User Neoprint The Neoprint is an expanded view of a given user profile. A request should specify that they are requesting a “Neoprint of used Id XXXXXX”. User Photoprint The Photoprint is a compilation of all photos uploaded by the user that have not been deleted, along with all photos uploaded by any user which have the requested user tagged in them. A request should specify that they are requesting a “Photoprint of user Id XXXXXX”. User Contact Info All user contact information input by the user and not subsequently deleted by the user is available, regardless of whether it is visible in their profile. This information may include the following: Name Birth date Contact e-mail address(s) Physical address City State Zip Phone Cell Work phone Screen name (usually for AOL Messenger/iChat) Website With the exception of contact e-mail and activated mobile numbers, Facebook validates none of this information. A request should specify that they are requesting "Contact information of user specified by [some other piece of contact information]". No historical data is retained. Group Contact Info Where a group is known, we will provide a list of users currently registered in a group. We will also provide a PDF of the current status of the group profile page. A request should specify that they are requesting "Contact information for group XXXXXX". No historical data is retained. IP Logs IP logs can be produced for a given user ID or IP address. A request should specify that they are requesting the "IP log of user Id XXXXXX" or "IP log of IP address xxx.xxx.xxx.xxx". The log contains the following information: * Script – script executed. For instance, a profile view of the URL http://www.facebook.com/profile.php?id=29445421 would populate script with "profile.php" * Scriptget – additional information passed to the script. In the above example, scriptget would contain "id=29445421" * Userid – The Facebook user id of the account active for the request * View time – date of execution in Pacific Time * IP – source IP address IP log data is generally retained for 90 days from present date. However, this data source is under active and major redevelopment and data may be retained for a longer or shorter period. Special Requests The Facebook Security Team may be able to retrieve specific information not addressed in the general categories above. Please contact Facebook if you have a specific investigative need prior to issuing a subpoena or warrant.
  • Comcast The Comcast document is labeled "Comcast Cable Law Enforcement Handbook," and is dated 2007, so there's a possibility that it, too, has been superseded. As with the other documents, it explains how law enforcement agenices can get information, and details what information is available. There's a great deal of detail in the 35-page document, which describes what Internet, phone, and television information will be turned over. For example, here's the IP information it will make available: Comcast currently maintains Internet Protocol address log files for a period of 180 days. If Comcast is asked to respond for information relating to an incident that occurred beyond this period, we will not have responsive information and can not fulfill a legal request. (Comcast can process and respond to preservation requests as outlined below in this Handbook.) As expected, Comcast will also turn over the emails, including attachments, of those who use Comcast's email service, but "In cases involving another entity’s email service or account, Comcast would not have any access to or ability to access customer email in response to a legal request." Information Comcast turns over to law enforcement agencies varies according to the request. For example, a grand jury subpoena will yield more information than a judicial summons, as you can see in the excerpt below. Comcast notes, though, that this is just a sample, and that "Each request is evaluated and reviewed on a case by case basis in light of any special procedural or legal requirements and applicable laws." So the examples "are for illustration only."
  • For those who worry about privacy, though, all of this information is small potatoes. The real worry is about the use of what are called pen registers or trap-and-trace devices, which essentially capture all of your Internet activity --- the Web sites you visits, the emails you send and receive, IM traffic, downloads, and so on. Here's what the document says about them: Pen Register / Trap and Trace Device Title 18 U.S.C. § 3123 provides a mechanism for authorizing and approving the installation and use of a pen register or a trap and trace device pursuant to court order. All orders must be coordinated prior to submission to Comcast. Law enforcement will be asked to agree to reimburse Comcast's reasonable costs incurred to purchase and/or install and monitor necessary equipment. See "Reimbursement," below.
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  • As for your voice calls made via Comcast, here's what the company will turn over: Call Detail Records - Comcast maintains two years of historical call detail records (records of local and long distance connections) for our Comcast Digital Voice telephone service. This includes local, local toll, and long distance records. Comcast also currently provides traditional circuit-switched telephone service branded Comcast Digital Phone. Call detail records for this service are collected by AT&T and are available for approximately two years as well. To determine which type of service is involved, contact the Legal Demands Center—Voice and Video at 800-871-6298. Account Records - Account records are generally stored for approximately two years after the termination of an account. If the account has an outstanding balance due, records may be retained for a longer period of time. As with Internet information, what phone information will be turned over depends on the specific kind of legal request, and the examples "are for information only." Here's an excerpt:
  • And, as you would expect, there is the same pen register/trap-and-trace device language as in the section about the Internet. Oddly enough, it appears that when it comes to information about your television viewing habits, you have more privacy rights than you do when it comes to information about your Internet and voice use, because it can only be turned over in response to a court order, not a subpoena. Here's what the document has to say about TV information: Subscriber Account Identification and Related Records For subscribers to our cable television service, the Cable Act requires Comcast as a cable operator to disclose personally identifiable information to a governmental entity solely in response to a court order (and not, for example, a subpoena) or with the subscriber's express written consent. The Cable Act requires that the cable subscriber be afforded the opportunity to appear and contest in a court proceeding relevant to the court order any claims made in support of the court order. At the proceeding, the Cable Act requires the governmental entity to offer clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case. See 47 U.S.C. § 551(h). Why does the law give you more privacy protection over your television viewing habits than your Internet or phone use? I haven't a clue --- ask your congressman.
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    Wonder what information Facebook and Comcast will turn over to police and intelligence agencies about you? Cryptome, the site that last week posted the leaked Microsoft "spy" manual, has posted company documents that purport to describe what those companies will reveal about you. As with the Microsoft document, the information is eye-opening.
Ben Donahower

Campaign Yard Sign Laws in Missouri - 0 views

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    If you're running for office to help make laws, you don't want to violate them! Learn the political lawn sign laws in Missouri, so you don't find out the hard way.
Skeptical Debunker

Joe Stack: How to Really Tick Off the IRS - CBS MoneyWatch.com - 0 views

  • However, tax experts say that if you want to really annoy the IRS, you could do one of three things: Fail to file a return completely; loudly maintain that the tax code doesn’t apply to you; or cheat on employment tax filings for your workers. Stack appears to have done all three. And if the tone of his letter is any indication, he not only hit all of these IRS hot buttons, he hit them with a belligerent attitude that could have further exacerbated his tax woes. “The IRS is toughest on people who reject the whole concept and authority of the system, who are not accepting that we do have income tax laws that we are all subject to,” said Philip J. Holthouse, partner at the Santa Monica tax law and accounting firm of Holthouse, Carlin & Van Trigt. “If the anger expressed in this posting is consistent with how he interacted with the government representatives, it would not have enhanced their compassion.” Stack’s note refers to meeting with “a group” in the early 1980s who were holding “tax readings and discussions” that zeroed in on tax exemptions that make “the vulgar, corrupt Catholic Church so incredibly wealthy.” He said in the post that he then began to do “exactly what the ‘big boys’ were doing.” “We took a great deal of care to make it all visible, following all of the rules, exactly the way the law said it was to be done.” Since Stack wasn’t a church, this is like waving a red flag at a bull. The IRS apparently considered this foray into tax avoidance the real corruption. Stacks letter says: “That little lesson in patriotism cost me $40,000.” Incidentally, the notion that anyone (other than a legitimate charity) doesn’t need to pay income taxes is one that’s well familiar–and refuted–by not only the IRS but every legitimate tax preparer in the country. So-called tax protestors or “tax defiers” take bits and pieces of the law, string them together in incomprehensible ways to come up with arguments that they say exempt them from tax. They can sound convincing, so the IRS publishes a long list of “frivolous” tax arguments on its web site, explaining when and where each argument was refuted, in an effort to keep innocent taxpayers from drinking the tax protest KoolAid. But that wasn’t all. Stack also says in his letter that he drained a retirement account and didn’t pay tax on any of that money–didn’t even file a return. The penalties for not filing a tax return are roughly ten times worse than for not paying your taxes. That’s one of the reasons that accountants tell their clients to file returns, even when they don’t have the money to pay, said Holthouse. Finally, Stack rails about independent contractor rules. Experts said the only way this rant could make sense is if Stack started a company that employed other people, who he maintained were independent contractors rather than employees. If an employer maintains he’s hired only independent contractors, he doesn’t need to pay Social Security and Medicare taxes on their wages. But the IRS audits these claims carefully. When an employee is improperly classified as an independent contractor so that the employer can avoid these taxes, the IRS prosecutes aggressively because it considers it tantamount to stealing from workers Social Security and Medicare accounts. Notably, the IRS has a Taxpayer Advocate’s office that helps resolve disputes when taxpayers have a legitimate problem with the agency. People who can’t pay tax bills promptly; have a dispute over the validity of a deduction or think they’ve been improperly penalized are often given some slack. But these are not areas where you’re going to get a lot of sympathy.
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    The rambling note posted by suicide flyer Joe Stack before he crashed a plane into an Austin IRS office indicates that he may have hit every hot button tax authorities have, putting him into a "no mercy" category that's reserved for a relative handful of Americans.\n\nThe IRS won't talk about Stack, simply saying in a prepared statement that it is working with law enforcement to thoroughly investigate the events that lead up to the crash. Otherwise, the agency says it's top priority is ensuring the safety of its employees.
thinkahol *

Elizabeth Warren - The Two Income Trap: Why Middle-Class Mothers and Fathers Are Going ... - 0 views

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    Elizabeth Warren discusses how the dreams of the middle class american family are being depleted by the dramatic increase in bankruptcies and foreclosures. Warren discusses the role that credit card companies and ballooning interests rates have played in rapidly increasing mortgage rates as well as the how the over consumption myth is clouding our understanding of the average middle class family, who is in fact experiencing a lower standard of living than their parents and still finding themselves one payment away from losing their home. Elizabeth Warren is the Leo Gottlieb Professor of Law at Harvard Law School and chaired the Congressional Oversight Panel created to investigate the U.S. banking bailout . This program originally aired in April 2004. it is being re-aired because Professor Warren's predictions of economic disasters and the reasons for them have proven correct, and she is a candidate to head a commission to guard against recurrence. The Massachusetts School of Law also presents information on important current affairs to the general public in television and radio broadcasts, an intellectual journal, conferences, author appearances, blogs and books. For more information visit http://www.mslaw.edu
thinkahol *

Latinos Bear Weight of Deportation Program - 0 views

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    A deportation program that is central to the Obama administration's immigration enforcement strategy has led disproportionately to the removal of Latino immigrants and to arrests by immigration authorities of hundreds of United States citizens, according to a report by two law schools using new, in-depth official data on deportation cases. The report also found that about a third of around 226,000 immigrants who have been deported under the program, known as Secure Communities, had spouses or children who were United States citizens, suggesting a broad impact from those removals on Americans in Latino communities. The report, to be released Wednesday, is the first analysis of deportations under the Secure Communities program based on data about individual cases, which was obtained through the Freedom of Information Act by the University of California, Berkeley, law school and the Benjamin N. Cardozo School of Law in New York.
thinkahol *

Book release: With Liberty and Justice for Some - Salon.com - 0 views

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    I'm genuinely excited today to announce the release of my new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. As of this morning, it is available in bookstores as well as for shipping online. The book focuses on what I began realizing several years ago is the crucial theme tying together most of the topics I write about: America's two-tiered justice system - specifically, the way political and financial elites are now vested with virtually absolute immunity from the rule of law even when they are caught committing egregious crimes, while ordinary Americans are subjected to the world's largest and one of its harshest and most merciless penal states even for trivial offenses. As a result, law has been completely perverted from what it was intended to be - the guarantor of an equal playing field which would legitimize outcome inequalities - into its precise antithesis: a weapon used by the most powerful to protect their ill-gotten gains, strengthen their unearned prerogatives, and ensure ever-expanding opportunity inequality. This is how I described that development in the book:
thinkahol *

Glenn Greenwald On "America's Lawless Elite" | On Point with Tom Ashbrook - 0 views

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    Glenn Greenwald studied law and spent ten years as a litigator in federal and state courts across the country. Now he's a big two-fisted progressive blogger and columnist for Salon.com. And he's out with a blistering critique of what has happened to American law. We've stopped applying it to everyone, says Greenwald. We've carved out an exemption for Americans in the halls of power. We've created what Greenwald calls a "lawless elite" that is running roughshod over our economy and national policy. Over American law. This hour On Point: Glenn Greenwald, and liberty and justice for some.
Joe La Fleur

Will Obama impose martial law? - 0 views

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    OBAMAS PLAN TO DECLARE MARTIAL LAW SO HE CAN CANCELL THE ELECTIONS.
Michael Haltman

Southern Exposure, illegal immigration, Mexican border war, and Arizona immigration law... - 3 views

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    Wouldn't it be a good idea to keep terrorists from moving across our border with Mexico. The Arizona immigration law is a good start!
thinkahol *

Roll up, roll up! The laws of the United States are now officially for sale! : Johann Hari - 0 views

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    The laws and policies of the legislature of the United States of America are now effectively on eBay, for sale to the highest bidder. Are you a Wall Street boss who wants to party like it's 2007? Are you a Big Coal baron who wants to burn, baby, burn? Are you an insurance company that wants to be able to kick sick people off your rolls? Meet John Boehner, the most powerful Republican and soon-to-be Speaker of the House. But -- of course! -- you already have. Here's an example of how you have worked together. In 1995, the House was going to finally repeal subsidies for growing tobacco, because an addictive cancer-causing drug didn't seem like the most deserving recipient of taxpayers' cash -- until Boehner walked the floor of the House handing out checks from tobacco lobbyists to his fellow elected representatives. They changed their minds. The subsidy stayed. Explaining his check-dispensing, Boehner says: "It's gone on here for a long time." So get your bids in: The House is open for business.
Ben Donahower

Campaign Yard Sign Laws in Kansas - 0 views

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    Chances are if you're running for office to help make laws you don't want to violate them! So if you're running for office in Kansas, take a look at this article.
Ben Donahower

Campaign Yard Sign Laws in Nebraska - 0 views

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    If you're running for office to help make laws, chances are you don't want to violate let! Of course, ignorance is no excuse so if you're running for office in Nebraska check out this lens.
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