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United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

THE BUCKMINSTER FULLER CHALLENGE 2008 -You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.

It's hard to think of another time when there has been such a gulf between intellectuals and activists; between theorists of revolution and its practitioners. Writers who for years have been publishing essays that sound like position papers for vast social movements that do not in fact exist seem seized with confusion or worse, dismissive contempt, now that real ones are everywhere emerging. It's particularly scandalous in the case of what's still, for no particularly good reason, referred to as the 'anti-globalization' movement, one that has in a mere two or three years managed to transform completely the sense of historical possibilities for millions across the planet. This may be the result of sheer ignorance, or of relying on what might be gleaned from such overtly hostile sources as the New York Times; then again, most of what's written even in progressive outlets seems largely to miss the point-or at least, rarely focuses on what participants in the movement really think is most important about it. As an anthropologist and active participant-particularly in the more radical, direct-action end of the movement-I may be able to clear up some common points of misunderstanding; but the news may not be gratefully received. Much of the hesitation, I suspect, lies in the reluctance of those who have long fancied themselves radicals of some sort to come to terms with the fact that they are really liberals: interested in expanding individual freedoms and pursuing social justice, but not in ways that would seriously challenge the existence of reigning institutions like capital or state. And even many of those who would like to see revolutionary change might not feel entirely happy about having to accept that most of the creative energy for radical politics is now coming from anarchism-a tradition that they have hitherto mostly dismissed-and that taking this movement seriously will necessarily also mean a respectful engagement with it. I am writing

I want to address the issue of "disruption," as Bloomberg is sending this issue out as a talking point brought up on Keith Olbermann's Coundown last night: the neighbors around Zuccotti Square, says Bloomberg, are feeling "disrupted" by the noise and visitors to the OWS protest, so he is going to crack down to "strike a balance" to address their complaints. Other OWS organizers have let me know that the Parks Department and various municipalities are trying to find a way to eject other protesters from public space on a similar basis of argument. Please, citizens of America - please, OWS - do not buy into this rhetorical framework: an absolute "right to be free of disruption" from First Amendment activity does not exist in a free republic. But the right to engage in peaceable disruption does exist.

The intent and effect of such abuse is that it renders those guaranteed freedoms meaningless. If a population becomes bullied or intimidated out of exercising rights offered on paper, those rights effectively cease to exist.

"In our age, there is no thing as "keeping out of politics". All issues are political issues and politics is a mass of lies, evasions, folly, hatred and schizophrenia." ~George Orwell

A new process that simultaneously combines the light and heat of solar radiation to generate electricity could offer more than double the efficiency of existing solar cell technology, say the engineers who discovered it and proved that it works. The process, called 'photon enhanced thermionic emission," or PETE, could reduce the costs of solar energy production enough for it to compete with oil as an energy source.

Peak Oil is the point at which petroleum production reaches its greatest rate just before going into perpetual decline. In "Peak Oil and a Changing Climate," a new video series from The Nation and On The Earth productions, radio host Thom Hartmann explains that the world will reach peak oil within the next year if it hasn't already. As a nation, the United States reached peak oil in 1974, after which it became a net oil importer. Bill McKibben, Noam Chomsky, Nicole Foss, Richard Heinberg and the other scientists, researchers and writers interviewed throughout "Peak Oil and a Changing Climate" describe the diminishing returns our world can expect as it deals with the consequences of peak oil even as it continues to pretend it doesn't exist. These experts predict substantially increased transportation costs, decreased industrial production, unemployment, hunger and social chaos as the supplies of the  fuels on which we rely dwindle and eventually disappear. Chomsky urges us to anticipate the official response to peak oil based on how corporations, news organizations and other institutions have responded to global warming: obfuscation, spin and denial. James Howard Kunstler says that we cannot survive peak oil unless we "come up with a consensus about reality that is consistent with the way things really are." This documentary series hopes to help build that consensus. Click here to watch the introductory video, and check back here for new videos each Wednesday.

(interview with a Swiss banker  done in Mosсow 30.05.2011)  Q: Can you tell us something about your involvement in the Swiss banking business?A: I have worked for Swiss banks for many years. I was designated as one of the top directors of one of the biggest Swiss banks. During my work I was involved in the payment, in the direct payment in cash to a person who killed the president of a foreign country. I was in the meeting where it was decided to give this cash money to the killer. This gave me dramatic headaches and troubled my conscience. It was not the only case that was really bad but it was the worst. It was a payment instruction on order of a foreign secret service written by hand giving the order to pay a certain amount to a person who killed the top leader of a foreign country. And it was not the only case. We received several such hand written letters coming from foreign secret services giving the order to payout cash from secret accounts to fund revolutions or for the killing of people. I can confirm what John Perkins has written in his book "Confessions of an Economic Hit Man". There really exists just a system and Swiss banks are involved in such cases.

Washington is in the grip of a fever. It's hard to find a word other than lunacy to describe what's going on. We are veering toward potential economic catastrophe. And Congress is hung up on a debate that shouldn't be occurring. It is debating an imaginary problem that conjures scary future scenarios but ignores dire existing circumstances. The consensus proffered solution to the imaginary problem would damage our country and further weaken our economy. Democrats and Republicans are at loggerheads, but they are disagreeing primarily about how much harm they want to impose. That's a very consequential disagreement, but it ignores the fact that we don't need to impose any harm at all.

Stockholm whiteboard seminars: Elinor Ostrom explains how people can use natural resources in a sustainable way based on the diversity that exists in the world.

I suppose it shouldn't be surprising that people assume that there is no difference between the way they experience the world and the world as it exists. I'm surprised people are willing to assume that metaphysical claims (i.e. claims outside of the purview of human testability/experience) are absolutely true. It seems that the only honest position one can have on "God" (in quotes to emphasize the lack of consensus on its definition) is to hold that "God" or "The Kingdom of Heaven" or "enlightenment" seem to be possible states of human consciousness; as such they may have individual normative value and seem to me to be generally socially desirable.

This story from Bloomberg just hit the wires this morning.  Bank of America is shifting derivatives in its Merrill investment banking unit to its depository arm, which has access to the Fed discount window and is protected by the FDIC. What this means for you is that when Europe finally implodes and banks fail, U.S. taxpayers will hold the bag for trillions in CDS insurance contracts sold by Bank of America and JP Morgan.  Even worse, the total exposure is unknown because Wall Street successfully lobbied during Dodd-Frank passage so that no central exchange would exist keeping track of net derivative exposure.

There's a tiny 12-person startup churning out of Des Moines, Iowa.Dwolla was founded by 28-year-old Ben Milne; it's an innovative online payment system that sidesteps credit cards completely.Milne has no finance background, yet his little operation is moving between $30 and $50 million per month; it's on track to move more than $350 million in the next year.Unlike PayPal, Dwolla doesn't take a percentage of the transaction. It only asks for $0.25  whether it's moving $1 or $1,000.We interviewed Milne about how he is building a credit card killer and Square rival from the middle of the nation where VCs and press are scarce.