Category Archives: Law

Lee Kaplan Case and Libertarians

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lee kaplanLee Kaplan, Daniel Stoltzfus, and Savilla Stoltzfus were recently found guilty of horrific crimes. The case is quite interesting from a Libertarian perspective because all the criminals and victims don’t think anything illegal happened. They are all happy with events as they transpired.

The case is centered around the fact Kaplan helped the Stolzfus family financially and they in turn handed seven of their daughters over to him. He began sexually molesting the girls at least from the time they were only seven years old. The mother lived with Kaplan and helped deliver her own granddaughters. In testimony, the accused and their victims argue they did nothing wrong. The parents contend they have the right to hand over the children and the girls imagine they love Kaplan and he loves them in return.

What happened is vile and criminal. Just because the victim of a crime doesn’t realize she or he is a victim doesn’t mean no crime occurred. This seems to be at odds with the general Libertarian mantra that victimless crimes are not crimes at all. Just people engaging in behavior they desire. Libertarians certainly argue this case for the many and myriad drug crimes on the books and also for cases of prostitution.

This is where I break from a number of what I would call fundamentalist Libertarians. These are those largely ideologically in line with my own thoughts but who have come to despise all forms of government and regulation. This is where Libertarians slip into being Anarchists. I think there are people in this world, children included, not capable of making their own decisions. Those who can easily be manipulated into believing things are perfectly normal and acceptable when they are not.

One of the leading Libertarians, who I largely respect, recently wrote a long article about how children should be allowed to work without government intervention. That by allowing them to earn money we emancipate them. This is a problem for me for a number of reasons. One of which is that I like to consider myself a student of history. Child labor laws, while sometimes draconian, came about in response to terrible crimes against children.

Industrial captains went to orphanages and adopted groups of children to work in their factories doing dangerous jobs. One of the most prominent stories involving this sort of behavior involves an orphan named Joseph von Fraunhofer who became a famous physicist.

In addition, it was not uncommon for men to adopt young girls grooming them for eventual marriage much in the way Kaplan did in this case. The history of horrible abuse against children goes back as far as the written record.

There are people in this world in need of protection. People who simply cannot, by the circumstances of their birth, mental, and physical conditions, take care of themselves. They can be manipulated into performing terrible acts and believing they enjoy doing them.
This is one of the roles of government in society. I’m certainly not suggesting government doesn’t make a mess of things and overregulate and over criminalize. I’m just saying cases like this one convince me some form of government is necessary.

Kaplan is a sick and depraved individual. His manipulation of the Stoltzfus family is appalling. When he convinced the parents to relinquish their children to him he was being despicable. When the parents handed over their children to someone else they were, in my opinion, breaking a justified law. It must be illegal to barter children because they cannot protect themselves.

Just because someone thinks they are doing something willingly doesn’t mean the actions being done to them should be legal. We must take into account the victim. Children, physically disabled, mentally disabled, and others need protection by the state.

Now, if the Stoltzfus’s had simply handed over all their money to Kaplan I wouldn’t have a problem. It is their money do with as they will. If they handed over possessions or allowed Kaplan to live with them and use their car, I would have no problem. They are fools, certainly, but they are adults giving away their own possessions.

Children are not possessions and that’s why I’m a Libertarian, not an Anarchist.

Tom Liberman

Michelle Carter is Encouraging Someone to Commit Suicide a Crime?

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michelle carterThe case of Michelle Carter has begun and it presents interesting questions for a Libertarian. Carter essentially encouraged and cajoled a man named Conrad Roy into suicide. He was feeling suicidal to begin with but in a series of texts over numerous days she pushed him to do it, despite the fact he was clearly reluctant and afraid.

I’d like to dispense with the fiction that Carter somehow thought he was not serious about his intentions or that she didn’t actively attempt to bring about what she desired, Roy’s death by his own hand. Anyone who reads the messages must come to the conclusion she wanted Roy to kill himself. We can only speculate as to why she wanted this outcome but that she wanted it to happen is beyond debate.

Without a doubt, we can conclude she is a failed and disgusting human being. But is she a criminal? She didn’t take any physical part in Roy’s death. She did not even purchase any of the equipment he used to kill himself. She took no direct actions that caused his death. She simply told him, repeatedly, that his family would be fine, that his problems would be over, that he would be in heaven, and that suicide was clearly the best and only solution. When he promised to do it and failed, she chastised him for his shortcomings and encouraged him to finish the job.

When the fact of these texts came to light, Roy’s family alerted the police and now Carter has been charged with Involuntary Manslaughter. Essentially, she is being charged with killing Roy.

Therein lies the problem. Carter didn’t kill Roy. She just encouraged him to kill himself. Roy was clearly vulnerable to such manipulations but there is no indication he was mentally handicapped. He was of legal age when he killed himself and of relatively sound mind. He clearly wasn’t thinking very well and was manipulated by a terrible person. I freely acknowledge as much. But he was not legally impaired. As such, Roy is ultimately responsible for his own actions.

People want to punish Carter for her reprehensible behavior and I well understand this desire to make her pay for her actions. She is a horrible person. She deserves a punch in the face at the very least.

Sadly, I don’t think she should be put in prison for her actions. While she certainly encouraged Roy to kill himself, Carter took no concrete actions in making it happen. It’s largely the same as if I said I wanted someone dead. It’s a horrible thing to say but I haven’t actually killed anyone. I can talk about committing all sorts of crimes but it is only when I take physical action toward committing those crimes, or actually proceed, that I’m subject to law enforcement.

If Carter is found guilty of the crime it has rather far-reaching implications. Anyone who encourages anyone to commit a crime might well be charged. Saying something in Social Media about wanting President Obama or President Trump to burn in hell could well encourage a lunatic to attempt murder. There are plenty of fanatics out there and they don’t need much encouragement.

The important reality is that we must be held responsible for our own actions. In this case Roy is dead and that’s a terrible shame. Carter is a nasty piece of work and one would hope people will shun her in the future, but it’s not up to me or the courts to force punishment upon her.

Tom Liberman

WannaCry Illustrates a Strange Path to Combat Software Piracy

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wannacryIt may seem like a strange connection but the WannaCry virus that spread wildly in Russia and China illustrates the best way forward in combating software piracy. Up until now, the heavy-handed use of criminal charges has been used by government to protect software development companies.

The government of the United States spent the last few decades passing law after law against those who illegally download files, largely at the behest of the Motion Picture, Music Recording, and software industries. These laws generally caught up a few minor criminals who downloaded a small number of songs or movies while leaving the vast majority of activity unchecked. Our nation then used strong-arm tactics on other countries trying to get them to extradite and otherwise punish pirates.

Meanwhile, in response to the growing virus threat, the software industry has long pushed security updates as a way to ensure the safety of their customers’ computers. This basically means those who have a legitimate copy get these updates.

The idea is simple enough. In China and Russia there is a plethora of pirated software and thus those two nations were far more vulnerable to the WannaCry Ransomware attack. The people of those nations suffered the most when hospitals and other important services were curtailed. An oversight in the coding of the Ransomware allowed the attack to be muted to some degree, but it doesn’t change the overall lesson.

If you want your computer to be safe, you really need to have legally licensed and fully updated software on it. No matter how many laws the government passes and no matter how rigorously they enforce these regulations, software piracy will continue. It is only when the ever-increasing threat of Ransomware and other risks becomes dangerous enough that people realize the need to have licensed software.

It is the criminals who are forcing people to obey the law.

Ironic, ain’t it?

Tom Liberman

What Being Tough on Drug Crime Means

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tough on drug crimeAre you, like Attorney General Jeff Sessions, an advocate of being tough on drug crime? If you are; I think you should examine why you feel that way. Some time ago, the nation of Portugal decriminalized drugs. This resulted in a number of outcomes long predicted by those against the War on Drugs. I’d like to take some time to examine these results and also compare and contrast those who gain and those who lose from such policies.

Portugal decriminalized drugs in 2001. What this means is it was still illegal to possess certain amounts of drugs but that people caught with more than that are not prosecuted criminally. Basically, they are given treatment for drug addiction. Thus, they are not tough on drug crime.

What has been the result?

Those people seeking treatment has increased dramatically as one might suspect. That means many people whose lives were destined to be destroyed by drugs were saved. Certainly, not everyone who seeks treatment avoids the ravages of drugs but at least some do. Many lives were saved and improved. Treatment costs money, this is true. But as we’ll see in a moment, it is far less expensive than current treatment costs.

The rate of HIV infection dropped dramatically. This means many people are alive today who would otherwise have died after extended hospitalization. We save lives and enormous amounts of money in the healthcare industry.

Drug related hospitalizations declined. Again, this means lives and money were saved.

Interestingly, the total number of people who used drugs at least once increased, although this may be related to people more willing to admit so in an era of decriminalization. In any case, even if more people tried drugs, fewer became addicted and were harmed by them. It is much like having alcohol at an early age in a supervised fashion. Those who do so are less likely to become alcoholics.

Drug use as a whole remained about equal with the nations around it. Thus, decriminalization did not cause more people to use drugs, one of the main arguments against decriminalization.

Drug use among adolescents declined. The idea that we must protect children is one of the most frequently used arguments by those who oppose legalization or decriminalization. Portugal shows us we accomplish this more readily with decriminalization. If you want to discourage drug use among children, you must support decriminalization.

The drug related criminal workload decreased dramatically. Basically, law enforcement and the court system saw a dramatic saving in time, work, and money because they were no longer prosecuting all those drug cases. People were sent to treatment instead.

The price of drugs decreased dramatically. This means the criminals who sell these drugs are getting far less profit. This takes money out of the hands of criminals which means they are less able to commit crimes.

Finally, the number of drug related deaths dropped immensely. This includes law enforcement officers killed while prosecuting drug dealers and users, and also innocents killed by drug dealers or users.

If I can sum it all up quickly. Decriminalizing drugs saves lives, reduces drug use, saves money, and makes society a better place for almost everyone.

Almost?

Yes, the fact that using and selling certain drugs is a crime does benefit several groups of people.

It benefits the penal system. More people are needed to work in prisons. Companies that supply those prisons have more customers. The penal system in the United States is an enormous business with powerful lobbyists. Decriminalization would cripple their industry.

Law enforcement agencies benefit in some ways. Certainly, we must hire more interdiction officers to police drug use. Entire federal agencies depend on the illegal drug trade to finance their departments. It must be noted that actual officers do not benefit in all ways. They are the ones who prosecute the war on drugs and are often the victims. Their lives are destroyed. They alienate the community they are supposed to police. But, they have jobs. Without the illegal drug trade, many would not have jobs. Police forces would be reduced dramatically and those officers who remained would return to the duties they performed before drugs became their main job.

One of the most important considerations in any policy decisions is the outcome. If the outcome is going to cause tremendous suffering and create significantly more violence and pain, perhaps, you should think twice about backing such policies.

I’m here to tell you, if you are an advocate of being tough on drug crime; you are causing tremendous human suffering. You are destroying the lives of millions of people. I’m certain those who support such policies believe they are helping and making things better. I’m sure they think they are good, decent people.

They aren’t.

Tom Liberman

J.K. Rowling and Stolen Intellectual Property

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intellectual propertyThere have been a number of cases involving stolen intellectual property in the news lately and a short story written by Harry Potter author J. K. Rowling is the latest. In addition, episodes from Orange is the New Black were stolen and released after Netflix refused to pay a ransom.

This is an issue that touches close to home as I’m an author. I’ve written nine Sword and Sorcery fantasy books and I’m close to releasing my tenth. I’m certainly not nearly as famous as Rowling nor do I have as much to lose as Netflix, but I like to think of myself as a kindred spirit. What would I do if someone broke into my cloud account and stole the latest version of my book? Or, as in the case of Rowling, physically stole the manuscript I’m proofing? What if they released it for free on the internet? What if they attempted to extort money from me before doing so?

Rowling is imploring people not to purchase the stolen story which is, I suspect, about the only thing she can do. Anyone who wants to read the story and not pay for it, will be able to do so. In fact, anyone who wants to read any of her novels or watch any of her movies can illegally download them for free. It’s not particularly difficult. A collector can purchase they actual, physical story as a keepsake.

We live in a world in which intellectual property is all but impossible to protect. Even if television episodes, novels, movies, music, or any other information is not stolen; once it is released to the public, the ability to copy and redistribute it is all but unstoppable. People who want to purchase it from third parties who don’t own the intellectual rights will always find a way to do so.

What’s interesting about intellectual property theft, as opposed to physical theft, is the person stealing the information wants it. The exception being those who steal with the intent of extortion. Most people are not downloading music, movies, or novels because they plan to resell to a third party. They want to listen to, watch, or read the content. Thus, an appeal like Rowling’s makes an impact.

That’s reality and it’s important for those of us producing such content to understand it. Certainly, the Motion Picture and Music industries have lobbied Congress and gotten stringent and punitive piracy laws enacted. Some people have paid large fines for stealing music and other files but it hasn’t slowed down illegal downloading.

I can rely on the government to pass laws protecting intellectual property. I can rely on cyber-police to attempt to enforce those laws. I can rely on the court system to prosecute those few they catch in violation. What I can’t rely on is any of these methods to stop the theft.

The only way to stop most people from illegally purchasing or downloading such content is to ask them not to do so and to price the content in a way that is friendly. If Rowling were to put her story for sale at $20 a copy, that tempts people to steal it. However, if she places it on sale for $1.99, it is a very short story written on a single A5 postcard, I think the vast majority of her fans would simply shell out the two bucks. Why bother stealing when you know you can support the artist for a nominal price?

There will always be those who refuse to pay even a small price for such content but the various industries and artists have to balance their own profit margin with the potential for theft. As awful as it sounds to moderate our price because of thieves, there really doesn’t seem to be any other option. I currently cannot charge $20 for my novels because I’m an unknown, but if I was famous and my novels were hugely popular I might be able to do so. I wouldn’t.

That’s the only pragmatic solution to this problem. Make content cheap enough that regular people are willing to purchase it. That and use strong passwords!

What else is there to do?

Tom Liberman

Unicorn Against Unicorn and Colorful Lawsuits

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unicorn-frappuccinoWhy do people file lawsuits? To win you say? I don’t think that’s always the case, and a recent kerfuffle between a Starbucks, who has a drink called the Unicorn Frappuccino, and a small Brooklyn café selling a drink called the Unicorn Frappe illustrates the point. The End Brooklyn filed a trademark on their drink and has now instigated an infringement case against Starbucks.

The thing that struck me about this lawsuit is what I perceive to be the ends desired. I won’t bore you with a lot of trademark law but basically, The End Brooklyn cannot trademark a drink. They can trademark the name, logo, and slogan associated with said drink. Sadly, the Unicorn part of the name is a pretty generic word. If they had called it the Brooklycorn or something like that, and Starbucks gave theirs the same name, there would be a legal case.

I’m pretty certain The Brooklyn End has no intentions of winning the infringement case. They are well aware Starbucks will be able to continue selling their Unicorn Frappuccino. By now you’re probably beginning to understand where I’m heading with all this. The Brooklyn End gets an enormous amount of publicity for the cost of filing the lawsuit.

The story is making headlines, and arousing passionate comments, in any number of news sites. The cost of this sort of promotion would likely be in the millions of dollars. I, and I’m certain most of the people reading this, had never heard of The Brooklyn End before today. I would most likely have spent the rest of my life in ignorance of this café. Now, I live in St. Louis so there is little chance I’ll visit the establishment in question and spend my hard-earned dollars there. Frankly, I’m a tea drinker anyway. That being said, I’m certain people who do live in that region of the country are now aware of the business.

There is every chance sales of the Unicorn Frappe will rise dramatically because of this lawsuit. It seems obvious to me that was the plan all along. I’m not criticizing The Brooklyn End nor am I being critical of our legal system. What the café is doing is both legal and crafty. Filing the infringement case costs money, there is some chance it will be found frivolous and they might end up paying any fees Starbucks accumulates. I’m certain Starbucks has many competent attorneys at the ready and is not particularly troubled by the case.

It’s a calculated business decision. Is the potential cost of the infringement case more than will be made in increased sales of the drink? If so, it was a mistake. If, on the other hand, sales of the drink are far greater than the cost of the suit then it was a good decision.

This is why we have laws against frivolous suits. The attorney who filed the lawsuit for The Brooklyn End might face serious sanctions if it is determined that it was filed in a frivolous manner.

I eagerly await an outcome to this colorful case.

Tom Liberman

What Constitutes Disruption and the Slide Toward Totalitarianism

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disruptionThere’s an interesting case making its way through the courts about a woman who laughed during a Congressional hearing and is now facing charges of disruption. This is not an isolated incident. Authorities seem to be finding a plethora of creative ways to arrest protestors. Many of the arrests made at the Dakota Pipeline Protest were of this ilk.

The right of people to assemble and protest is guaranteed by the Constitution of the United States and when law enforcement agencies attempt to curtail this right, we must be wary. A totalitarian state does not brook vocal opposition. I’m certainly not suggesting we live in such a state, but every time I hear about dissent being squashed I take note.

Often times what we see in cases like this is that charges are completely dropped before the case gets to court or the charge is dismissed by a sympathetic judge. I think what is necessary to curb this tendency to bring charges against protesters under the flimsiest of circumstances is simply fines. For every such charge in which the case is dismissed, the person so arrested should be financial remunerated by the agent who made the arrest. It’s a relatively simple solution that inhibits those making the arrests and compensates the person so incarcerated.

I’d be particularly pleased if the arresting officer paid the fine out of her or his personal salary. When we fine the agency itself, the officer doesn’t feel any real pain. An agency might think it worthwhile to arrest a bunch of protestors and pay for it out of tax dollars some years down the road. It seems to me anyone looking at even a moderate fine for arresting a protestor on flimsy charges is going to think twice before moving forward.

As I stated at the top of this article, this is not an issue to be taken lightly. Our constitutional rights are at stake. If government agents are allowed to arrest people on ridiculous charges which are dismissed at a later date without penalty, well, there is nothing to stop such law enforcement groups from doing so in ever increasing numbers.

I take the right to protest quite seriously and so did the Founding Fathers. This is a right people on all sides of the political spectrum should embrace. It is almost certain at some time in the future you will want to protest some policy or person and the party in power will not want you to do so.

I’m well aware that some protestors are violent, angry, and disruptive. Such demonstrators should be subject to legal remedies, but I think it’s important to err on the side of caution. Our liberty is at stake. I’m willing to put up with some rudeness in order to be free. If someone yells out in a hearing or puts a foot beyond the barrier; we must accept her or his right to do so.

When we stop allowing people to protest peacefully, they will find other ways to express themselves. None of us want to live in a nation where the only method available to criticize your government is violence. When we justify arrests on the flimsiest of charges, we move our nation incrementally toward that end.

Tom Liberman

Hotel California not really Hotel California

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Hotel CaliforniaFor anyone near my age, 52, the song Hotel California brings back strong memories. The song was an enormous hit for The Eagles in 1977. So, I was filled with curiosity when I saw members of the band have filed a lawsuit against a hotel in Mexico called Hotel California.

I’m also quite interested in all things legal and I find the case itself to be utterly fascinating. The Hotel California is a small hotel in Baja California Sur and had that name dating back to 1950. The hotel changed owners and names a number of times, but wily entrepreneurs began to market it under the original name in 2001. Using marketing campaigns and events at the hotel itself, they create an association between the establishment and the song.

The hotel was not the inspiration for the song and the band members feel as though their song is being used to falsely advertise the hotel.
Judging by the comments I’m reading in various articles about the lawsuit, opinions seem sharply divided. Some think it is a terrible overreach by the band while others think the hotel is clearly in the wrong.

Let me begin by telling you that I’m not a lawyer. My opinions herein are not based on a legal understanding of the case but upon a layman’s.

The hotel clearly has the right to use the name Hotel California. It was the hotel’s name long before the song. The Eagles have no right to stop them from using it. The lawsuit apparently simply wants the owners to stop using the false association. I’m guessing their argument is that people who stay at the hotel are disappointed it is not associated with the song and, perhaps, even blame the band for the misinformation.

It’s clear the hotel is creating a false association but that is not necessarily a crime. As the law says, Caveat Emptor. Let the Buyer Beware. The basic premise is that people have to take it upon themselves to understand the hotel is not associated with the song. They must spend the time to research this information before plunking down money to stay at the hotel. People presumably pay this money because they want the experience of staying at a hotel that was the inspiration for the song. Of course, it was not, but who is to blame for this mistake? The hotel or the traveler?

Yes, they are deceiving but have they actually lied? Do they claim the hotel is associated with the song or do they simply pipe in Eagles music, presumably for which they’ve paid royalties? Do they create an environment where the unwary might be fooled, but stop short of crossing legal lines?

Where is the border crossed between fraud and legal, but reprehensible, misinformation? I’m not sure but the entire thing is absolutely captivating.

While the legal case will likely remain in limbo for who knows how long, I think the events are a good lesson for all of us. Don’t assume something is true based on an impression. Pay careful attention to the exact words being used or written. We live in the Information Age. It is not at all difficult to determine the hotel and the song are completely unrelated. A short search on the internet can easily reveal this information. If you spend your money on the hotel assuming the relationship is there, when it is not, perhaps that is your fault.

Tom Liberman

Why was Charlie Sheen forced to Land his Plane by Federal Agents?

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charlie sheenCharlie Sheen was flying back from Mexico in a private plane when federal authorities forced it to land and inspected it for drugs. They removed every piece of luggage and used drug sniffing dogs to search everything. In the end, there were no illegal drugs found although one dog, unsurprisingly, gave a false positive. Unsurprisingly?

I’ll take a moment to rant about drug sniffing dogs. They are wrong more often than they are right and they are wrong even more frequently when the person being searched is a minority. An Australian study found they correctly identify drugs about twenty-six percent of the time, the rest being false positives. Basically, the dogs take cues from their handler and, sadly, are not infrequently used simply so police can harass citizens. It’s my opinion they should be banned completely. They allow agents of law enforcement to search anyone they want without cause. If the dog barks, police get to search you despite having no evidence of wrongdoing. It’s a clear violation of the Fourth Amendment.

Another huge problem is that someone in the federal government has the power to halt a private flight apparently for the sole reason that you’re a celebrity who reportedly uses illegal drugs. They can search your plane without any evidence it actually has narcotics.

I think all drugs should be legal, but we currently have laws against them in this country and therefore I’ll acknowledge government agents can search you if they have probable cause to do so.

There might be more to the story. Perhaps someone in Mexico tipped off federal agents that drugs were aboard the plane. It seems much more likely to me that some bright agent doesn’t like Sheen all that much and decided to take a chance. I can see a self-righteous drug enforcement agent standing around the water cooler, eating a donut, waving a pen, and a little light bulb goes off in her or his head. “Hey, Charlie Sheen uses drugs. His plane flies around in Mexico. Let’s stop it and search it! That’ll be fun.”

I pay for the water in that cooler, the donut you’re eating, and the pen you’re writing with. I pay for phones you used to force the San Diego air traffic controllers to force down Sheen’s plane. I pay for those air traffic controllers! I pay for the gas you used to drive out to search his plane. I pay for the dogfood you feed your incredibly inaccurate detection dogs.

Sheen pays for that private flight. He pays more when the flight is diverted and searched. Did the government reimburse him for these expenses and the inconvenience? If so, that’s my tax dollars also!

Does anyone have to explain to a judge why they diverted Sheen’s plane and spent who knows how much money on a fruitless search? If so, can that person be fired?

It’s harassment, plain and simple.

I don’t much like Sheen. He’s arrogant and pretty much a jerk. He thinks because he has money and power he can do what he wants. The government is all of that multiplied by millions. They have all the money in the world, your money. They have all the power in the world except that which our judicial branch infrequently denies them.

When the War on Drugs forces me to defend Charlie Sheen, doesn’t that say it all?

Tom Liberman

Oregon Engineers and the State Licensing Board

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oregonThere’s a story in the news about a fellow in Oregon who was fined by the State Engineering board for claiming he’s an engineer when he’s not, at least not licensed in that state. The entire story involving the length of traffic lights is being debated in many places but I’d like to discuss a larger topic, state licensing boards. They’re a problem.

The first thing we must look at is why they exist in the first place. Why does someone have to actually be licensed to practice? The basic idea is that people can and do pretend to be things they are not in order to bilk people out of their money. There are many examples throughout history of this sort of behavior. Even today we see people practicing rudimentary forms of enhancement surgery that end up causing a great deal of harm.

If we have a listing of licensed practitioners, then people can review this list to ensure the person with whom they are dealing is actually capable of performing the job. Would you go to a doctor who wasn’t board certified? That’s the concept.

There is also the ability to remove the license from a dishonest or incompetent member. Lawyers are disbarred for unethical behavior fairly frequently.

I don’t doubt the good intentions behind these licensing boards. We don’t want to hire an unqualified engineer, doctor, or lawyer. Unfortunately, what many of these boards have become is simply revenue generating machines. Basically, pay the fee and get a license to be a massage therapist, a taxi-cab driver, a hairdresser, and on and on and on.

In this particular case, the board becomes a bullying agency and uses its power to punish anyone who even so much as attempts to levy a criticism against it. The state should never harbor those who attack opponents. It should be neutral, but unfortunately that’s not always the case.

These two trappings, money and power, have turned what for all appearances is a good idea into something insidious and terrible. I’m sure there are many excellent licensing boards out there. I’m certain many good people work for these boards and do their level best to make sure people performing professional services have the correct skillset to do so. I’m equally certain that quite a number of these boards exist almost exclusively to bully those with whom they disagree and as a source of revenue for the state or municipality.

I’m not one to pretend there are easy solutions to all these problems, but state required licensing is clearly not a perfect answer either. There are plenty of scam artists out there who paid the fee to get licensed but can’t perform the required services satisfactorily. There are plenty of qualified people out there performing services without licenses, simply because they can’t afford the process of getting one.

Basically, a licensed practitioner might be a scam artists while an unlicensed person might be perfectly capable.

What is the solution? Can we simply eliminate such boards and let the buyer beware? While that method depends on the intelligence and diligence of the consumer, it has its appeals in this information age in which we live. It is not difficult at all to go online and determine if that painting company has a track record of doing their job properly. Do we still need the government to license them? Particularly when we know the pitfalls of such licensing agencies.

Another option is to have a more liberal view of professional ability. In the case in question, the fellow being fined actually has a degree in engineering and practiced in his native country. He does not practice in Oregon and thus forego the time and expense of getting licensed. That the state did not recognize his skills in no way indicates he is not a capable engineer. His lack of licensing and obvious understanding of the subject matter prove this point.

What if we automatically conferred a license to every individual who graduates with the appropriate degree from a college or trade school? I recognize that we can get nitpicky about this. Perhaps the college is merely a diploma mill that doesn’t actually teach the students the required skills.

I think some combination of the above ideas is probably the closest we can get to a true solution. My hope is that technology will eventually give the consumer the information they need to operate without any sort of governmental intervention. Wouldn’t that be nice?

Tom Liberman

Race, Religion, Geography and Chris Soules

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chris soulesNot long ago a fellow by the name of Chris Soules smashed his truck into the rear end of a tractor and killed the driver. He then fled the scene and was arrested later that evening after refusing to come in voluntarily. Soules is a minor celebrity having participated in the television show, The Bachelor. He was a man of strong Christian faith. He is a Caucasian. He lived in a rural community in Iowa.

While reading the comments from a relative of the victim, it struck me how willing people were to find an excuse for Soules. He didn’t flee the scene, was merely driving away to go get help. That sort of thing. It’s clear to me people would not have been fooling themselves with irrational explanations if Soules had been of a darker skin color, from a city rather than rural environment, and if he didn’t express belief in Jesus as his savior.

I’m not pulling the racism card, the religion card, or the geography card. I’m just stating what I think is obvious fact. If Soules was black, a city dweller, and a Muslim; most people would not be looking to exonerate him. They would be laying down the blame, insisting on putting him in jail, throwing away the key.

We have perceptions of people in our minds because of these external things that, while not valid, drive our reaction to their deeds.

Let’s imagine we are going to a movie that received rave review. We’re excited, we think it’s going to be great, and our expectations are high. The movie is merely good. We come away disappointed. On the other hand, if the movie got awful reviews and we expected it to be bad; we come away elated. That wasn’t bad at all. I enjoyed it. That’s the affect expectations have upon us and there is nothing wrong with that. That’s reality.

However, this is where critical thinking, pragmatism, and being a decent human being come into play. Yes, we have expectations but it’s important to overcome those expectations and treat each situation as the facts dictate. If the movie was fairly entertaining but not great, then that’s what it was. That’s how you should describe it to friends when they ask you about it.

It’s not looking great for Soules. He wasn’t seeking help when he drove away from the crime. The police had to seek him out and execute a warrant on him. One of the main reasons people flee a vehicular accident is to cleanse their system of alcohol or other capacity diminishing drugs. Some five hours passed after the accident before Soules was arrested.

The accident was almost certainly just that. However, if he was driving under the influence when it happened and fled to avoid testing, then he is guilty of a terrible crime, regardless of race, religion, and geography.

Check your expectations at the door.

Tom Liberman

Faith Healers in Idaho and the Law

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Faith HealersThere are a number of people in the United States who don’t believe in seeking medical attention because they think such efforts should be left to a divine being. These Faith Healers die quite frequently and so do their children. That’s where we run into a difficult situation involving the Constitution of the United States and the obligation of government to protect children.

If a legally capable adult foregoes medical treatment, there is nothing to be done about it. Faith Healers base their actions on religious beliefs. In the United States the government is not allowed to interfere in such cases. However, children are not legally capable of making their own decisions. If a parent is physically, mentally, or emotionally harming a child; they are generally breaking laws.

In many states, it is possible to intervene in a situation where a child’s life is being endangered by withholding medication, but not in Idaho, where I went to college. Many of the people in western states, including Idaho, strongly believe in individual liberty. I wrote a blog not long ago about how one of the most important lessons I learned while at the University of Idaho was avoiding interfering in another person’s business. It’s not right to tell them how to live. Thus, is not surprising Faith Healers have legal protection in the state.

Any metric based study of modern medicine indicates, without a doubt, medical intervention saves many lives. Many of the children and adults who die in the families of Faith Healers would still be alive today if they were treated.

Where does Idaho have an obligation to step in? Where should we mind our own business? Is it proper to stand by and watch a child die when they most likely could be saved with medical intervention? Is it proper to allow families to treat their children as they see fit?

Much as it pains me to say, I think the state should stay out of these situations. The children have no say into what family they are born into and their fate is avoidable and terrible. The onus for their death falls not on the state, not on me, but on their guardians who chose not to seek medical care. Horrible as it is.

One would hope that children who survive in such a family, who witness their siblings’ avoidable death, would choose to leave such a religion. That eventually no one would believe in Faith Healing and no children would die unnecessary deaths. Sadly, their death is the price of liberty, of freedom. It’s a terrible and painful price. An awful price for children who had no say in the matter. I do not deny this.

It’s not always easy to believe in individual liberty when the people practicing it are incredibly stupid. When this stupidity results in the death of their children.

Tom Liberman

Mortgage Relief Scams and Why Lawyers are Good

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lawyersThere is never a shortage of people trying to figure out ways to take your valuables and lawyers are your ally. The financial crisis from a few years ago created a large group of people who needed mortgage relief. These people fell far behind in the mortgage payments and became vulnerable targets.

While the mortgage crisis has largely abated, that doesn’t mean there aren’t plenty of people who remain in financial trouble. These people go to lawyers in an attempt to restructure their loans and obtain financial relief. The problem is that lawyers give good advice. This means there are no miracle fixes. Scammers, on the other hand, are not in the same way restricted. They offer fixes that are too good to be true.

Sadly, desperate people are vulnerable.

In full disclosure, I come from a family of lawyers. My father, uncle, brother, sister, cousins, and others make their money in the legal profession. I have always held lawyers in high esteem. I’ve seen my father and other family members help people out of terrible situations. There is, unfortunately, a large segment of society that does not feel the same way about lawyers as do I.

People love a good lawyer joke, and there is a general perception that lawyers are out to scam people from their money. I’m not denying there are unethical lawyers in this world, but one of the first things scammers will ask you to do is fire your current lawyer. People are often willing to do this because their legal bills are piling up and the resolution offered by the scammer has the appearance of easily solving the debtor’s issues.

Once you are without proper legal representation you are in trouble. The same goes for many situations in life. If you find a reputable lawyer you will have to pay for legal services, and that isn’t cheap. It might seem like a better idea to try and work your way out of issues without a lawyer but that way leads to danger.

The average person doesn’t have the ability to read a legal document and understand what they are signing. When you are presented with a complex document that promises to fix all of whatever financial troubles you are facing, it’s far better to pay a lawyer than to risk total disaster.

I’m well aware that a charge of potential thousands of dollars for someone already in financial distress is a painful price to pay. That it’s pretty easy to tell yourself you don’t need a lawyer. That’s one of the things scammers count on. They know their victim is vulnerable and can be convinced to forego sound legal advice. That’s when they have you.

There are many great lawyers out there who help people in financial distress. They’ll setup a payment plan that will be painful. They’ll help find a way for you to move forward although it won’t be pleasant. The old adage that if it sounds too good to be true, it is too good to be true is as accurate today as it was in the past. Perhaps even more so.

If you find yourself in a difficult financial situation my advice is simple. Find a good lawyer.

Tom Liberman

Loperamide and Why Drug Laws will Never Work

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loperamidePeople are overdosing on a drug called Loperamide, which is meant to be used as an anti-diarrheal medication. Loperamide has been available over the counter for many years and there are currently no restrictions on purchasing it. I suspect that will change in yet another misguided chapter of the War on Drugs.

I find this new, supposed, crisis, to be extremely illustrative of the problem with drug interdiction. No matter how many drugs we restrict, there will always be something else that people will take. People will inhale gases from whipped cream dispensers. People will overdose on Loperamide. There is no way to stop people from seeking out chemical stimulants through interdiction. We must accept that those who wish to do so, will find a way.

A far better solution is attempting to treat the person’s desire to use chemical agents. This is the root cause. If we can help people not want to use such agents anymore, then we alleviate the underlying problem. Will we ever completely eliminate drug abuse? Of course not, if that’s your goal then you are doomed to a life of disappointment.

Let’s examine what government’s solution to the Loperamide crisis is likely to involve. Much like Ephedrine, there will almost certainly be regulations to limit the amount purchased. Basically, anyone who attempts to buy more than two boxes at once will be turned away. What is the result? The people who want Loperamide are forced to go to alternate sources.

Enterprising people, seeing profits, will hire teams of young people to purchase single boxes at every retail outlet for miles around. They will then sell these to users at a great profit. Police will then start arresting anyone who purchases boxes at different retail outlets. Anyone who wants to buy Loperamide will have to give personal information in order to make the purchase.

It will be a cycle of interdiction that largely fails to achieve its goal. Then a new drug will be found by addicts to substitute for Loperamide. The cycle will repeat endlessly.

I think it’s incredibly important to understand these facts for they explain, in no uncertain terms, why the War on Drugs has been, and continues to be, an abject failure. This after countless lives have been ruined, not by drug abuse, but by the attempts to save people from drug abuse. This after untold billions of dollars have been spent.

We try the exact same solution again and again despite its many failures. There are reasons for this and they mostly involve the vast amount of money interdiction provides for law enforcement, government, the penal system, and others. The War on Drugs is profitable for certain groups of people while it simply destroys others.

The question we must ask ourselves is if we truly want to help people? If we find the horrors of drug abuse and the atrocities engendered by drug interdiction to be unpalatable, perhaps we need to try to different solutions.

If that’s the case, if you are a decent human being. If you value lives more than money. We need to abandon interdiction as a method. We must embrace other tactics.

Tom Liberman

Charging Bull and Fearless Girl Statues at Odds in more ways than One

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Girl-and-Charging-BullThe fight between the Charging Bull and the Fearless Girl just left the park and headed to the courts!

I am the son of a lawyer, the brother of two lawyers, and the cousin of even more lawyers. I find law fascinating and when I read the artist who created the Charging Bull, Arturo Di Modica, plans to file a lawsuit against New York City in regards to the Fearless Girl statue placed nearby, well, I had to learn more. And learn I did!

I suspect Di Modica doesn’t have a case seeing as he installed the Charging Bull as an act of Guerilla Art back in 1989. The police seized it but then replaced it a few blocks away because of its popularity. It has remained there on a temporary permit ever since. The worst-case scenario for the city is likely that Di Modica moves it to a new location, at his expense.

Di Modica is a rather litigious fellow so we will see.

Meanwhile, the statue of a young girl facing down the bull was commissioned, created, and placed by State Street Global Advisors as part of an advertising campaign coinciding with International Women’s Day. This statue is referenced as the Fearless Girl. It was placed legally with a permit for one week. It also proved popular and the temporary permit has been extended in the same way as the Charging Bull’s was.

Another incredibly interesting thing is why Di Modica is planning to involve the courts. It is something called Artistic Integrity. Di Modica believes Fearless Girl changes the integrity of his art. The Charging Bull is meant to symbolize aggressive financial optimism. Fearless Girl staring down the bull seems to change this meaning. Now, at least in the minds of some people, Charging Bull is a symbol of aggressive bullying.

As I mentioned earlier, I don’t think Di Modica has a chance in court, but I still wanted to examine this idea. I’m an artist. I write books. Is it really up to me challenge the meaning one, or many, of my readers choose to assign to events in those books? When Jon Gray tangles with High Priest Amalagaz I certainly intend the scene to have particularly meaning, specific artistic integrity. There is a point to it.

If a reader came to me with a completely difference conclusion, I’d certainly explain what I meant by the scene. That being said, I’d have no legal basis to challenge the right of someone else to believe what they want. Likewise, if Barnes & Noble chose to put my ostensibly Sword and Sorcery Fantasy books on the shelf with Mystery Novels I would have little recourse other than telling them not to sell my books.

I strongly suspect Di Modica is simply drumming up publicity and his threatened lawsuit will eventually go away.

Still, I’m glad he filed it because I learned a lot of things today. I hope you did also.

Tom Liberman

Closing Liquor Stores in Whiteclay to Solve Alcoholism

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Badlands_in_South_DakotaI just read a terrible story about a little town in Nebraska that serves one purpose. It supplies alcohol to Native Americans living just across the border in South Dakota at the Pine Ridge Indian Reservation. Whiteclay has a population of 14 and four liquor stores and the stores sell about 13,000 cans of beer a day. These sales result in a contribution of nearly half a million dollars to the state coffers of Nebraska. This does not include revenue from the thousands of DUI tickets given to drivers leaving the town.

At least some of the beer is sold to bootleggers who take it directly onto the reservation and sell it there at an inflated price. This because alcohol is illegal to sell on the reservation.

Pine Ridge is, by any reasonable judgment, a heartbreaking tragedy. Unemployment is around 80%. Fetal Alcohol Syndrome is rampant. Almost half the residents live in poverty. The people have the shortest life expectancy in the western hemisphere.

Many people want to close the liquor stores in Whiteclay to alleviate some of the terrible problems on the reservation.

And thus I am triggered. I could spend time talking about how adults must be allowed to make their own decisions. I could talk about how the residents of the reservation will just drive to the next town to get liquor if Whiteclay is shut down. I might point out the obvious fact that bootleggers will simply bring in increased amounts of alcohol and increase their prices.

Instead I simply explain the root of the problem. Alcohol sales are illegal on the reservation. This was done to combat alcoholism among Native Americans. It has not only failed to solve the problem but created a host of ancillary issues. Drunk driving, public intoxication in Whiteclay, criminal activity in the form of bootleggers, the eyesore of Whiteclay itself.

All of these problems go away if liquor sales are allowed on the reservation. Not only that but the stores would employ people. They would generate profits and tax revenue for the Native Americans to use to help alcoholics.

The problem that won’t go away is alcoholism among residents. That’s true. I freely admit it. That is a bigger task beyond the scope of my article today. It is a task worth taking on. People’s lives are at stake. But not for me, not today at least.

My point today is simple. A law was passed in order to prevent the residents of Pine Ridge from having easy access to alcohol. It has failed utterly and created a host of other problems. A lesson to be learned.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Gray Horn
April 2017 Release: For the Gray

Anita Krajnc and Giving Water to Pigs

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anita-krajnc-water-pigsThere’s an interesting case about to be adjudicated in Ontario, Canada in which a woman named Anita Krajnc poured water into a truck full of pigs heading to slaughter from Fearmans Pork. She is only charged with a misdemeanor charge of mischief and the case is not exactly earth shattering but it demonstrates a fundamental problem, as I see it, with our general society these days.

What we have is two groups who seem to be, at a cursory glance, at complete and total opposite ends of a spectrum. Krajnc belongs to a group called Toronto Pig Save and Fearmans Pork makes a living off raising and slaughtering pigs.

I don’t think I need to go into details as to why these two groups are facing off in court. Nor do I want to spend time talking about the merits of the case against Krajnc. I won’t extoll on the virtues of the cause nor talk about the value of bringing the pigs to slaughter or even of a free market and supply side economics. All of those things are worth discussing but not by me and not today.

What do I want to talk about? Good question.

What I want to talk about is how people on opposite sides of the spectrum all too often, and as a first response, resort to antagonistic behavior when there is actually common ground upon which they could join.

Common ground? Between Pig Save activists and Fearmans Pork? Yes, indeed. There is far more common ground on a lot of issues than people realize.

Krajnc would like to give the pigs some water while they are in the truck heading to slaughter. That’s a nice sentiment to be honest. Animals heading to slaughter are sometimes not properly cared for near the end of their life because to feed and water them at such a late stage is an expense. It’s cheaper not to do so.

What Krajnc did was climb on the truck and pour water from a bottle onto the pigs. The truck driver and pig owners were naturally worried that something more nefarious is going on and want to protect their property.

A better choice from my perspective would be Toronto Pig Save simply asking Fearmans Pork if they could pay for the expense of giving the pigs one last drink of water before heading to slaughter. When Fearmans Pork found out what Krajnc was up to they could have offered some sort of system by which she was allowed to water the pigs more effectively.

Would this have solved the issue from Toronto Pig Save’s perspective? No, naturally not. They don’t want pigs going to slaughter at all, but at least they could have given the animals some water before the inevitable. Can Fearmans Pork simply have such activists arrested for such behavior? Yes, of course, and they did. But couldn’t they also have suggested a system by which the pigs did get a last drink of water at the expense of Toronto Pig Save?

No solution is going to make everyone happy but it seems to me that we can get more accomplished if we work together, even with those who are apparently on the opposite side of an issue.

What if abortion foes and supporters worked together, spent their time and money, on preventing unwanted pregnancies? What if Animal Activists and Factory Farm owners worked together to improve the life and health of the animals?

How much time, passion, and money is spent on activities that don’t do anything to make the problem better, but simply caress the egos of the parties on both sides. “We’ll put those animal nutcases in prison!” “We’ll show the world the horror of factory farms!”

The comment sections of every story are filled with people who live in this black and white world. My way or no way at all.

I’ll end my post in the same way President Trump often does. However, unlike him; I don’t mean it as in pathetic. I mean it as so much wasted energy, effort, time, and money.

Sad.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Gray Horn
April 2017 Release: For the Gray

 

Jeff Sessions Believes Violence Follows Marijuana Sales Because of Unpaid Debt

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war-on-drugs“You can’t sue somebody for a drug debt. The only way to get your money is through strong-arm tactics, and violence tends to follow that.”

That is the quote from the Attorney General of the United States in regards to marijuana legalization. What else is there to say? How stupid is he? Or does he just think those who support him are stupid?

Is it possible he doesn’t realize that in states where marijuana is legal that you can sue for debt and thus violence is completely unnecessary? Is it possible that he doesn’t realize the vast majority of violence surrounding the drug trade is caused by interdiction?

Police officers die. Innocents die. Drug dealers die. Drug users die. The violence is almost completely centered on the enforcement of drug laws. If drugs were legal there would not be anywhere near the violence. Do we see violence around prescription drug debt? No? Gosh, a shocker there.

Of course if drugs were legal the police forces of the United States wouldn’t have nearly as much to do. Nearly as much to spend on neat equipment. Not nearly as many citizens to bully and attack. Of course, on the plus side, they would also be much safer. They could focus their energies on non-drug crime and helping the citizens of their communities rather than financing their entire department off the misery of said citizens.

If drugs were legal the prisons would lose most of their inhabitants. That’s a good thing? Right? Well good for everyone except the prison system which enriches itself on putting citizens in jail.

What would the DEA do if drugs were legal? Well, just about nothing. How much money would that save? But we don’t want that, we want to employ people.

I’ve ranted enough. I can’t take any more.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Gray Horn
April 2017 Release: For the Gray

In some Countries a Speeding Ticket for a Sports Star is a Big Deal

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moana-hopeI’m fairly certain that most of my readers are aware that I love sports. I fell in love with Australian Rules football a few years back when it was broadcast on ESPN3. I still follow the sport and something happened this weekend that makes me think. Two players in the game, one a man and one a woman, were caught speeding.

If you say big deal then it’s likely you are much like me and completely inured to sports stars behaving badly here in the United States. In Australia it’s a big story. Both players are facing serious trouble and potential suspensions. The teams are issuing strong words about expecting better from their players, how they take road safety quite seriously.

There is all sorts of chatter on the Collingwood Facebook page about the incident.

It’s not easy to compare a country with a smaller population like Australia to a large one like the United States where we have far more sports stars in a wider variety of sports. The reaction in Australia to the incident, which would probably not even rise to the level of an actual news story in the United States, does raise an interesting question.

Do Australians hold athletes to a higher standard than we do here in the United States?

If so, why?

I certainly think the population of the two nations has something to do with it but perhaps there are cultural differences to account for as well. In Australia police are given wide latitude in interdictions on traffic violations. In Australia the police can stop you while driving at any time for no reason and check for intoxication or pretty much anything else, they have no Fourth Amendment restrictions.

Is this good? Bad? Does it effect how things like speeding are viewed by the general populace?

I’m not really sure I have any world altering conclusion here but I do find the entire thing quite interesting.

I’m a big fan of the Fourth Amendment. I think allow government officials to stop people for no reason is an extremely bad idea. I’m also not a huge fan of vilifying people for relatively minor transgressions. Who among us hasn’t driven faster than the speed limit?

What do you think? Is the culture for sports stars too forgiving in the United States? Too harsh in Australia? Somewhere in between?

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Gray Horn
April 2017 Release: For the Gray

I’ll Use Our Second Amendment Rights to Defend our First Amendment Rights

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Constitution of United StatesCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I want to be as clear as possible about the First Amendment.

The freedom of media to report as they will without fear of retribution from the government is vital to the survival of this great nation and of This Great Experiment. The media must be allowed to tell the story; the true story, the false story, the agenda driven story twisted with nuance, or the apolitical story. It is necessary. It is my freedom.

If you are under the impression those telling stories you don’t like must be arrested, repressed, intimidated, fined, sued, or otherwise cowed from doing their job; know that I will defend them. If necessary I’ll use another right guaranteed to me to do so.

I will accept the consequences of those action.

Just so you know where I stand if you want to discuss Freedom of the Press in my presence.

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Gray Horn
April 2017 Release: For the Gray