BP says the Gulf is A.O.K.—this shrimper begs to differ

BP says the Gulf is A.O.K.—this shrimper begs to differ

by Sarah Craig and Rocky Kistner

"In 2010, NRDC partnered with StoryCorps and Bridge the Gulf to tell stories of people living through the Deepwater Horizon disaster. As the five-year mark approaches, onEarth revisited Gulf residents for an update. First of four parts.

Acy Cooper is tough as nails. He's a third-generation shrimper, born in the small fishing town of Venice, found about 80 miles south of New Orleans. As vice president of the Louisiana Shrimp Association, Cooper has his finger on the pulse of the bayou’s lucrative fishing industry. The harvest, however, hasn’t been so bountiful since BP’s Deepwater Horizon exploded on April 20, 2010, releasing as much as 200 million gallons or so of crude into the Gulf of Mexico.

Now, five years later, Cooper and his family, consisting of three kids and nine grandchildren, are struggling to make ends meet. BP’s massive PR campaign touting the region’s return to normalcy does not play well in these parts. Cooper says fishing catches are down by a third, and several of his fellow fishermen complain of inadequate compensation from the oil company—many took quick cash payments after their claims became bogged down with paperwork. Now they have little financial support if business conditions don’t take a turn for the better soon.

The signs aren’t encouraging. As his friends lose their homes and shrimp come in with massive tumors, black gills, and no eyes, Cooper worries the community will continue to deteriorate if fishing doesn’t return to normal—for real."



'via Blog this'

Kansas: Senate plan provides judiciary more funding, but only if courts rule against pending lawsuit Gavel to Gavel | A review of state legislation affecting the courts

Kansas: Senate plan provides judiciary more funding, but only if courts rule against pending lawsuit Gavel to Gavel | A review of state legislation affecting the courts: "For the second year in a row Kansas legislators appear poised to give the courts more money on the condition they do not strike down certain laws as unconstitutional.

 In 2014 the legislature enacted HB 2338 as amended. The bill, as detailed here and here, gave $2 million to the state’s judiciary on the condition that the courts not strike down other provisions in HB 2338 stripping the supreme court of administrative power, including how local chief judges are elected (currently the Supreme Court picks; HB 2338 would let local judges pick their own chief). HB 2338 contained a non-severability clause: if the Kansas courts strike down the stripping of the supreme courts authority or any other portion the entire bill/law falls including the additional funding.

 In February 2015 a lawsuit was filed challenging the constitutionality of HB 2338 in light of the conflicting law (HB 2338: local judges pick the chief judges) and Supreme Court rule directing the Supreme Court pick. Moreover, the state’s constitution provides “The supreme court shall have general administrative authority over all courts in this state.” That lawsuit is pending a copy is located here.

Now in April 2015 a new funding bill has been introduced (HB 2005, as amended) to give additional funding for the Kansas courts. Under the new plan (HB 2005 as amended by the Senate) the judiciary will get funding for the upcoming year provided it does not rule in favor of the pending lawsuit and find that HB 2338 of 2014 is unconstitutional.

The provisions of this act are not severable, nor are they severable from the provisions of 2014 Senate Substitute for House Bill No. 2338, chapter 82 of the 2014 Session Laws of Kansas. If any provision of this act or of 2014 Senate Substitute for House Bill No. 2338, chapter 82 of the 2014 Session Laws of Kansas, is stayed or is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would not have enacted the remainder of this act without such stayed, invalid or unconstitutional provision and the provisions of this act are hereby declared to be null and void and shall have no force and effect.

 HB 2005 of 2015 is currently pending in was approved by the Senate Ways & Means Committee 3/25/15."



'via Blog this'

Bosch is first to compete with Saw Stop for safe table saw market

Bosch's Finger Saving Saw
by Patrick McCombe - Fine Homebuilding

Unlike SawStop's system, which brakes the blade by launching an aluminum block into the spinning blade, the Bosch system doesn't attempt to stop the blade to prevent injury. Instead, it rapidly forces the blade below the table while it's spinning. It uses a cartridge that the company claims is similar to the mechanism used for triggering automotive air bags.

According to Bosch, the benefit of this method is that the saw trunnion and transmission don't have to absorb all the energy associated with bringing the blade to a stop in a fraction of a second. The cartridge can be replaced and the saw returned to operating condition in a few minutes. Moreover, the blade is undamaged--unlike on the SawStop, which destroys the blade.

The new saw, dubbed REAXX, looks to be based on and to share accessories (such as the Gravity Rise Stand) with the Bosch 4100, which is Bosch's larger portable. The saw is supposed to be available in the fall with a list price of $1500. I'm heading to JLC Live tomorrow to check it out, and I'll report back on Monday with details on its operation and safety system. 

Read more:http://www.finehomebuilding.com/item/74252/boschs-new-finger-saving-portable-saw#ixzz3WItEPMji
Follow us:@fhbweb on Twitter|FineHomebuildingMagazine on Facebook

Harvard Research: Conservative Media Distorts National Conversation On Guns || Media Matters for America

Crackpot realism is one way to describe the sentimental attachment to gun rights.  The gross numbers - the rarity of gun violence in England and Australia, for example - fails to dislodge the attachment of many to "Second Amendment rights".  But the right to own a gun does not establish the wisdom of actually having one.  - gwc

New Harvard Research Reveals How Conservative Media Infects The National Conversation On Guns | Research | Media Matters for America

An ongoing monthly  survey of firearms researchers conducted by the Harvard School of Public Health shows that Guns are rarely used for self defense, that possession of a gun increases the likelihood of death by homicide, suicide, and domestic violence.

Anyone familiar with the gun debate has heard the talking points of the National Rifle Association and other gun rights advocates: "Carrying a gun for self-defense makes you safer." Or: "If only more ordinary citizens were armed, they could stop mass shootings." As we've shown in our reporting, these arguments don't stand up to scrutiny. After the massacre at Sandy Hook Elementary School, David Hemenway, director of the Harvard Injury Control Research Center, commented on another long-running assertion from the gun lobby: "There is no evidence that having more guns reduces crime," he told the New York Times.

Yet, Hemenway says that some in the media have continued to treat such assertions as legitimate points of debate. That leaves the public thinking, "Okay, so there's disagreement on this," he says. [Mother Jones, 4/2/15]

'via Blog this'

Report of the Joint Committee on Reconstruction June 20 1866 < 1851-1875 < Documents < American History From Revolution To Reconstruction and beyond

The little noted Congressional Joint Committee on Reconstruction, reporting six months after ratification of the 13th Amendment, laid the foundation for the 14th Amendment. That history was told masterfully by Eric Foner [Reconstruction: America's Unfinished Revolution (1988)] and recently by Gerard N. Magliocca in his fine biography of its principal architect - American Founding Son - John Bingham and the Invention of the 14th Amendment. The project remains America's unfinished revolution, as recent reports - such as the Justice Department's on Ferguson, Missouri, demonstrate. - gwc.Report of the Joint Committee on Reconstruction June 20 1866 < 1851-1875 < Documents < American History From Revolution To Reconstruction and beyond

Report of the Joint Committee on Reconstruction June 20 1866 



 A claim for the immediate admission of senators and representatives from the so called Confederate States has been urged, which seems to your committee not to be founded either in reason or in law, and which cannot be passed without comment. Stated in a few words, it amounts to this: That inasmuch as the lately insurgent States had no legal right to separate themselves from the Union, they still retain their positions as States, and consequently the people thereof have a right to immediate representation in Congress without the imposition of any conditions whatever. . . . It has even been contended that until such admission all legislation affecting their interests is, if not unconstitutional, at least unjustifiable and oppressive. 



It is believed by your Committee that these propositions are not only wholly untenable, but, if admitted would tend to the destruction of the government.

It must not be forgotten that the people of these States, without justification or excuse, rose in insurrection against the United States. They deliberately abolished their State governments so far as the same connected them politically with the Union. . . . They opened hostilities and levied war against the government. They continued this war for four years with the most determined and malignant spirit. . . . Whether legally and constitutionally or not, they did, in fact, withdraw from the Union and made themselves subjects of another government of their own creation. And they only yielded when they were compelled by utter exhaustion to lay down their arms . . . expressing no regret, except that they had no longer the power to continue the desperate struggle****

***With such evidence before them, it is the opinion of your committee

1. That the States lately in rebellion were, at the close of the war, disorganized communities, without civil government, and without constitutions or other forms, by virtue of which political relations could legally exist between them and the federal government.
2. That Congress cannot be expected to recognize as valid the election of representatives from disorganized communities, which, from the very nature of the case, were unable to present their claim to representation under those established and recognized rules, the observance of which has been hitherto required.
3. That Congress would not be justified in admitting such communities to a participation in the government of the country without first providing such constitutional or other guarantees as will tend to secure the civil rights of all citizens of the republic; a just equality of representation; protection against claims founded in rebellion and crime; a temporary restoration of the right of suffrage to those who had not actively participated in the efforts to destroy the Union and overthrow the government, and the exclusion from positions of public trust of, at least, a portion of those whose crimes have proved them to be enemies to the Union, and unworthy of public confidence."

'via Blog this'

Philadelphia Cops Shoot and Kill People at 6 Times the Rate of the NYPD | Mother Jones

49% of police shootings of unarmed civilians (Officer involved shootings - OIS) involved the misperception of an object as a gun.  Black cops were wrong more often than white cops.  This feeds my general sense that a thin-skinned pride, and a tough guy culture of violence are basic cultural weaknesses of many policemen regardless of race. - gwc

Philadelphia Cops Shoot and Kill People at 6 Times the Rate of the NYPD | Mother Jones:

"Philadelphia, a city with a vastly smaller population than that of New York City, has seen a much higher rate of police shootings in recent years. According to a new report published on Monday by the US Department of Justice, police violence disproportionately affects Philadelphia's black community, and officers don't receive consistent training on the department's deadly force policy.

The 174-page report results from an investigation the DOJ launched in 2013 at the request of Philadelphia Police Commissioner Charles Ramsey, during a time when officer-involved shootings, including fatal incidents, were on the rise, even as violent crimes and assaults against the police was on the decline. "Police carry baggage and lack legitimacy in some communities," Ramsey, who has been appointed to chair the Presidential Task Force on 21st Century Policing, recently told the New York Times. "And for us to change the paradigm, we have to understand why we are viewed in this way."  "



'via Blog this'

Generics rule: Public Citizen Urges FDA to Resist Industry Pressure, Protect Patients

As the FDA wobbles under industry pressure and reopens the comment period on the rule that demands generic drug manufacturers warn of safety risks as soon as they learn of them, Public Citizen which petitioned for the rule change spoke at the hearing on March 26, 2015. - gwc

Public Citizen Press Room

This Week: Congressional Briefing and Public Meeting on Fate of FDA Generic Labeling Rule

Public Citizen Urges Agency to Resist Industry Pressure, Protect Patients

WHAT: Congressional briefing and public hearing regarding the fate of the U.S. Food and Drug Administration’s (FDA) proposed rule to enable generic drug makers to update warning labels when they learn of new dangers. Dr. Michael Carome, director of Public Citizen’s Health Research Group, will participate in both events and urge the agency to resist pressure from the pharmaceutical industry to put profits above patient safety.

The events come as the pharmaceutical industry is pressuring the FDA to weaken an essential patient safety rule.

The FDA’s proposed rule – issued in November 2013 in response to a Public Citizen petition (PDF) – would give generics manufacturers the ability to update labeling regarding newly discovered risks without obtaining prior approval from the FDA – much as brand-name manufacturers have been able to do for nearly 30 years. Under current rules, generic manufacturers are not permitted to update warnings to reflect new safety information unless instructed to do so by the FDA.

The proposed rule would protect patients by ensuring they have updated safety information as soon as possible, but the generics industry has been lobbying aggressively against the rule, arguing that it would raise generic prices.

Although the comment period on the proposed rule originally closed on March 13, 2014, the FDA has taken the unusual step of soliciting additional comments and holding Friday’s public hearing on an industry counterproposal.

At the events, experts will discuss the FDA’s proposal, an alternative industry proposal, the true cost of the regulation and the effects on consumers when generic labels cannot be updated in a timely fashion.'via Blog this'

Oklahoma U racist chanter "I'm deeply sorry"

This appears to me to be a genuine apology.  - gwc
Oklahoma Frat Member: I'm 'Deeply Sorry' For Singing Racist Chant  Talking Points Memo
Parker Rice
I am deeply sorry for what I did Saturday night. It was wrong and reckless. I made a horrible mistake by joining into the singing and encouraging others to do the same. On Monday, I withdrew from the university, and sadly, at this moment our family is not able to be in our home because of threatening calls as well as frightening talk on social media.

I know everyone wants to know why or how this happened. I admit it likely was fueled by alcohol consumed at the house before the bus trip, but that’s not an excuse. Yes, the song was taught to us, but that too doesn’t work as an explanation. It’s more important to acknowledge what I did and what I didn’t do. I didn’t say no, and I clearly dismissed an important value I learned at my beloved high school, Dallas Jesuit. We were taught to be ‘Men for Others.’ I failed in that regard, and in those moments, I also completely ignored the core values and ethics I learned from my parents and others.

At this point, all I can do is be thoughtful and prayerful about my next steps, but I am also concerned about the fraternity friends still on campus. Apparently, they are feeling unsafe and some have been harassed by others. Hopefully, the university will protect them.

For me, this is a devastating lesson and I am seeking guidance on how I can learn from this and make sure it never happens again. My goal for the long-term is to be a man who has the heart and the courage to reject racism wherever I see or experience it in the future.

Thank you for your consideration of my deepest apologies for what I did.

I see your mandamus and raise you a class action // Howard Wasserman//Prawfsblog

PrawfsBlawg: I see your mandamus and raise you a class action:

by Prof. Howard Wasserman

"In response to last week's Writ of Mandamus by the Supreme Court of Alabama, the plaintiffs in Strawser have moved to amend the complaint to add some new plaintiffs and one new probate-judge defendant and to have the entire thing certified as a plaintiff and defendant class action. (H/T: Lyle Denniston).

 If successful, the move will allow Judge Granade to enjoin every probate judge to issue a license to every same-sex couple in the state.

It also seems to set-up a direct conflict between orders of a state supreme court and a lower federal court, although that may be more illusory than real. The arguments surrounding the mandamus recognize that the mandamus only controlled judges not under a federal injunction requiring them to issue licenses; recall that Judge Don Davis (at the time the only probate judge subject to an injunction) was ordered to show that he was under the injunction, presumably to be released from the mandamus. By those terms, if a class injunction issues, every probate judge should be given an opportunity to make that showing, after which the mandamus should give way.

Posted by Howard Wasserman on March 9, 2015 at 09:31 AM"



'via Blog this'

Obama at Selma: "We Know the March is Not Over Yet"

OTHERWISE: Barack Obama at Selma: The March is Not Over Yet:

In perhaps his greatest speech Barack Obama at Selma today celebrated the civil rights movement and the turning point that was Selma, linking it memorably to other great moments in American history:

"There are places, and moments in America where this nation’s destiny has been decided. Many are sites of war – Concord and Lexington, Appomattox and Gettysburg. Others are sites that symbolize the daring of America’s character – Independence Hall and Seneca Falls, Kitty Hawk and Cape Canaveral.

Selma is such a place.

In one afternoon fifty years ago, so much of our turbulent history – the stain of slavery and anguish of civil war; the yoke of segregation and tyranny of Jim Crow; the death of four little girls in Birmingham, and the dream of a Baptist preacher – met on this bridge.It was not a clash of armies, but a clash of wills; a contest to determine the meaning of America.And because of men and women like John Lewis, Joseph Lowery, Hosea Williams, Amelia Boynton, Diane Nash, Ralph Abernathy, C.T. Vivian, Andrew Young, Fred Shuttlesworth, Dr. King, and so many more, the idea of a just America, a fair America, an inclusive America, a generous America – that idea ultimately triumphed."

Read the complete text