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Remarkable 5-3 Supreme Court decision in favor of the banksters, in effect overruling a line of prior decisions nearly 30 years old. At issue, whether a credit card monopolists' form contract with merchants containing a mandatory arbitration clause could lawfully bar judicial review under the antitrust laws when the arbitration clause barred class arbitration and the amount merchants could hope to recover was less than a tenth of the expense of litigating claims individually. (Antitrust cases are unusually expensive to prosecute.) For nearly three decades, the Court had implied an exception to the Federal Arbitration Act that allowed plaintiffs to litigate claims subject to arbitration clauses in court to vindicate rights under federal law when arbitration would not provide an effective remedy for the violation of federal law. No more. Upholding the "right" of American Express to insist on a 30 percent share of the price of each sale transacted with an American Express card. Read Justice Kagan's dissent, joined by two other justices, to learn what's wrong with the majority's decision. Her nushell version: "here is the nutshell version of today's opinion, admirably flaunted rather than camoflaged: Too darn bad." The majority did, however, leave it open for Congress to amend the Arbitration Act to resolve the issue. But with corporate and bankster influence in Congress, good luck with that. This decision, unfortunately, has major implications for software developers, as well as other merchants. For example, the current crop of "app store" restrictions on competition enforced by technical measures on app developers by monopolists such as Apple and Microsoft, insisting on a 30 per cent cut of each sale. One can rest assured that such contracts contain similar arbitration clauses

Chevron has a "witness-protection program" as an excuse for paying off witnesses? And for paying them to lie under oath, it appears. Never in my legal career did I ever here of a non-governmental entity with a witness protection program. This reeks to high heavens.  Hats off to Courthouse News for digging deep on this one.   

"Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."

Sounds like a big precedential win for Venezuela with 27 related cases yet to go resulting from  Venezuela's 2007 nationalization of all remaining oil production sites under foreign control.  

Interview with Hoppe where he once again pushes libertarian thinking forward.  Hoppe puts most of the blame on "democracy" itself, caling it "an insidious form of communism".  Good stuff.  Highlighted parts. excerpt: "That the whole democratic house of cards has not yet completely collapsed speaks volumes about the still tremendous creative power of capitalism, even in the face of ever-increasing governmental strangulation. And this fact also allows us to conjecture about what economic 'miracles' would be possible if we had unimpeded capitalism liberated from such parasitism. If, and when, this insight finally bears fruit will depend upon the class consciousness of the population. There is a Marxist myth, eagerly promoted by the state, of an irreconcilable clash of interests between employers (capitalists) and employees (workers), or between the rich and the poor. As long as this myth prevails in public opinion, nothing at all will change and disaster is inevitable. A fundamental change can only occur if, instead of this, the correct realization becomes generally accepted that the only antagonistic conflict of interest in society is the one between tax-payers, i.e. the exploited, and tax-consumers, i.e. the exploiters.: In other words, between the class of people on the one hand who earn their income and assets by producing something that is bought voluntarily and valued accordingly by others; and the class of those on the other hand who produce nothing considered to be of value, but who live instead by living off and enriching themselves from the incomes and assets of other, productive people, forcibly taken via taxation - that is to say all government employees and all recipients of government "welfare assistance", subsidies and monopolistic privileges. Only when the producer class clearly recognises this, and publicly speaks out; when the producers are finally confident to take the moral high ground and reject the insolent admonitions from the po

Economist Joseph Stiglitz takes on the TPP (Trans Pacific Partnership) trade agreement, explaining how corporations will use the agreement to side step environmental and regulatory laws of sovereign nations. Amazing stuff. No doubt Wall Street Money is behind these trade agreement. The Banksters are said to own over 40% of the world's corporations and these agreements are designed to establish corporate sovereignty while greatly diminishing state sovereignty. It's the New World Order. "Terms such as 'investor' and 'partner' are taking on new meanings as multinationals manipulate deals to take legal action against sovereign states"

Are worker-owned co-ops replacing unions as the method to ensure that workers share in business profits and productivity gains? The thought had occurred to me until now. But we buy most of our groceries from Winco, a worker-owned grocery chain because their prices are lowest, even lower than Walmart. And many of the forestry-related companies in our area are worker-owned co-ops. They have big competitive advantages for several reasons, not the least of which is that their bottom-up leadership is far smaller and less expensive than the leadership of a top-down stock corporation with comparable sales. No competition between the workers and upper managers/external stockholders for profit sharing. Far less turnover in workers; as owners the workers are more committed to the co-op and to staying with it. Are co-ops part of a shadow economy emerging from the ashes of the U.S. bankster-driven economy? And is there enough flexibility in U.S. law for a bottom-up shadow government to begin taking shape, based on contract law perhaps? No one could be forced to sign the contract, of course, but I see room for at least an alternate dispute resolution process to resolve disputes between contract parties. One based on mediation rather than arbitration, as the U.S. judicial system behaves. (The U.S. judicial system is beyond salvage, in my studied opinion.)  Food for thought. 

The previously leaked chapter on copyrights makes clear that the TPP would be a disaster for a knowledge society. This chapter makes clear that only corprorations may compel arbitration; there is no corresponding right for human beings to do so. The disregard for national judicial systems is also noteworthy.

"Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."

More details of the CIA surveillance of the Senate Intelligence Committee that led to the current confrontation.

In my lifetime, I have encountered only a single trade agreement, the Agreement on Technical Barriers to Trade, that I would have supported had I been given the opportunity, and its mandates have been trashed in their implementation. Beware "trade agreements" in general. They are almost uniformly the tools of banksters seeking greater profits at the expense of non-banksters. 

The author, Ken White, is a former U.S. Dept. of Justice criminal prosecutor, a Libertarian, but he plays no favorites; he's also a civil libertarian and a leader in protection of First Amendment rights. He's one of my favorite bloggers. He has a real gift for sarcasm, which shines all over this gem. Well worth the read; this is a shining example of exemplary writing.

In a Matt Taibbi-quality lengthy report, William Cohan takes the reader inside the lengthy negotiations of JPMorgan's $13 billion settlement with state and federal prosecutors. JPMorgan admitted to criminal wrongdoing, and the settlement does not include immunity from criminal prosecution for anybody. But the author notes that there is not even a hint that anyone is working on criminal charges. There's a lot of discussion of dissension within the ranks of different state and federal attorneys involved. The article paints Ben Wagner, the US Attorney for the Eastern District of California, as the hero.  In my book, no one involved deserves hero status because no criminal charges have been filed against any JPMorgan managers or board members, hence there is still no incentive for any of the fraudsters who brought down the economy in 2008 to behave differently in the future. JPMorgan emains not too big to fail but too politically connected for its principals to be jailed. According to the article, the government lawyers had iron-clad proof that a group of JPMorgan managing directors had been informed that pools of mortages they were planning to buy were toxic but "buy two of the loan pools anyway, including those with the squirrelly mortgages. JPMorgan then proceeded to bundle "hundreds of millions of dollars of loans from those pools into one security." Wagner found that between the start of 2006 and the middle of 2007-when the mortgage securitization frenzy was at its peak-JPMorgan packaged and sold securities containing thousands of mortgages that were rated by a third-party evaluator to be of extremely low quality, meeting few, if any, of the bank's underwriting standards." If true, that is very serious fraud deserving of the directors' prosecution for criminal fraud and lengthy prison sentences.   The article touches on A.G. Holder's too big to jail argument but that argument, in my opinion, deserves no credibility before antitrust actions are filed to c