Friday, December 26, 2008

CIVICS 001: PROTECT YOUR GOVERNMENT'S STANDARD OF LIVING

On October 23, 2008 I published FROM TRICKLE-DOWN TO BAILOUT, a statement of my opinion of Alan Greenspan and his Laissez-Faire approach to U.S. economic policy.

This commentary drew the following question from Curt: "2q, do you have any comments regarding the presidential candidates' tax plans and how they'll affect the economy?"

To this I replied:

"Hold on to your wallet!

Whoever inherits the White House will have to increase government revenues. Look for not only income taxes, but ALL taxes, fees, licenses, etc to go up.

At the same time the Feds will probably delay, defer, or deny payments to states and cities.

This will result in local governments increasing taxes, fees, licenses, etc.

In a declining economy, a government has to protect itself, and maintain its own standard of living, by asking J.Q. Average to sacrifice more of the less that he has."

I said this in October and I've watched it unfold, piece by piece, since then. At the moment the Feds seem to be focusing on the spending side of the tax and spend equation, but the States have zeroed-in on increasing their revenues.

Consider the great State of New York. Skirting the ever-unpopular issue of increasing income taxes, Gov. David Paterson instead seeks to create "88 new fees and a host of other taxes". According to www.nydailynews.com "Movie tickets, taxi rides, soda, beer, wine, cigars and massages would be taxed under Paterson's proposal. It also extends sales taxes to cable and satellite TV services and removes the tax exemption for clothes costing less than $110."

And then we have the great City of Chicago…

Chicago has chosen to milk the public safety cow. According to thenewspaper.com, "Mayor Richard M. Daley (D) is counting on a host of new fees and taxes on drivers to balance the city’s 2009 budget... a new contract took effect on Saturday authorizing private vendor Redflex to more than double the number of red light camera equipped intersections in Chicago to 290. The first phase of the program had already mailed 1.1 million tickets worth $110m using just 136 cameras."

Again according to thenewspaper.com, "The new no-bid contract increases the Australian company’s five-year share of the revenue from $13,449,000 to $32,109,090… The 2009 budget also projects additional revenue from enhanced collection of fines related to vehicle impoundment.” Higher taxes on parking will boost transportation tax revenue to $161.6m. Combined with a vehicle registration sticker tax of $105.9m and parking lot fees of $5.9m, Chicago expects to earn $566.9m from drivers in 2009."

Remember, Public Safety is only one piece of the revenue pie cities manipulate to maintain the standard of living for their elected and appointed government officials.

Incidently, did you notice that Redflex is an Australian company? Redflex Holdings was listed on the Australian Stock Exchange in January 1997. During the worst depression America has seen since the 1930's some U.S. governments have found it necessary to eliminate U.S. jobs and pay-off foreign firms in order to support their own bloated standards of living. And this is just the beginning of our economic woes.

To sum it up, governments, like countries, are made-up of individual people. Each of these people have shifting goals and priorities. The one constant is survival. Most individuals in government and most individuals in a country, will do what it takes to survive. Do we really face a return to serfdom?

In November-December, 2008 I have watched my October prediction come true.


http://www.nydailynews.com/ny_local/2008/12/16/2008-12-16_gov_david_paterson_unveils_dire_new_york.html

http://www.thenewspaper.com/rlc/docs/2008/il-rdfcontract.pdf

Thursday, December 18, 2008

BAILOUTS, CAPITALISM, AND THE AMERICAN WAY

On Thursday, December 11, 2008, 35 U.S. Senators voted to kill a $14 billion bailout bill for three US automobile manufacturing companies. One of the reasons most often given for their negative vote was the feeling that government should not interfere in our free enterprise economy. Since I've watched the U.S. government actively promote exporting American jobs, especially our manufacturing jobs, overseas for the past 35 years or so, I was curious. How did these same senators vote on previous bailout bills?

I chose to look at the U.S. Agricultural Industry, which has a long history of subsidized Rural Welfare that dates back at least as far as The Agricultural Adjustment Act of 1933. The most recent revision to this particular "bailout" is the 2008 Farm Bill. H.R. 6124, "A bill to provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes" according to US Senate records, passed into law June 5, 2008. How did our non-interference Senators vote on this insult to their free-enterprise philosophy?

As it turns out, of the 35 senators who voted against considering a $14 billion emergency bailout bill for U.S. automakers already passed by the House, 26 senators had voted to extend Agricultural welfare, 7 voted against, and 2 did not vote. Individual senator's votes on rural welfare were as follows:
Allard, Colo - Yea
Barrasso, Wyo. - Yea
Baucus, Mont. - Yea
Bennett, Utah - Nay
Bunning, Ky - Yea
Burr, N.C - Yea
Chambliss, Ga - Yea
Coburn, Okla. - Nay
Cochran, Miss. - Yea
Coleman, Minn. - Yea
Corker, Tenn. - Yea
Crapo, Idaho - Yea
DeMint, S.C. - Nay
Ensign, Nev. - Nay
Enzi, Wyo. - Yea
Grassley, Iowa - Yea
Gregg, N.H. - Abstained
Hatch, Utah - Nay
Hutchison, Texas - Yea
Inhofe, Okla. - Yea
Isakson, Ga - Yea
Kyl, Ariz. - Nay
Lincoln, Ark. - Yea
Martinez, Fla. - Yea
McCain, Ariz. - Abstained
McConnell, Ky. - Yea
Murkowski, Alaska - Nay
Reid, Nev. - Yea
Roberts, Kan. - Yea
Sessions, Ala - Yea
Shelby, Ala. - Yea
Tester, Mont. - Yea
Thune, S.D. - Yea
Vitter, La. - Yea
Wicker, Miss. - Yea

It would appear that some U.S. Senators have an inconsistent commitment to Capitalism, Free-enterprise, and the American Way.

Thursday, December 11, 2008

Bailout Mania, who's next?

Short, sweet and to the point…

The banking industry has fallen. The mortgage industry has fallen. Selected brokerage houses, and insurance companies have fallen. The auto industry is teetering. Who's next?

To answer this question, read your morning newspaper. Oops, you may not have a morning paper to read. And therein lies your answer. The newspaper industry is really on the ropes. After years of electronic encroachment (i.e. radio, television, and internet), newspapers are beginning to fall like flies.

As an owner, employee, retiree, creditor, or sharehoder of any newspaper in the free United States of America, it is time to stand-up and be counted. Demand your bailout money!

Thank God for lawyers, they'll set this country right, yet!

Friday, November 7, 2008

THE ECONOMIC CIRCLE IS BROKEN

WHAT'S WRONG WITH THIS PICTURE?

Las Vegas Sands Plunges on Default, Bankruptcy Risk
By Beth Jinks

The casino owner... said in a regulatory filing today that it probably won't meet the requirements of loans... unless it cuts spending on developments, boosts earnings at its Las Vegas Strip casinos and raises more capital.

The reversal of fortune is a black eye for the 75-year-old Adelson, who was once America's third-richest man on the strength of his Las Vegas Sands holdings. The Las Vegas-based company's dwindling cash flow is threatening $16 billion worth of developments in Macau, China, and Singapore, where Las Vegas Sands is building resorts to cater to wealthy Asian gamblers.

U.S. Unemployment Rate Climbs to 14-Year High of 6.5%
By Bob Willis

Nov. 7 (Bloomberg) -- The U.S. unemployment rate climbed to the highest level since 1994 as payrolls tumbled…

The jobless rate rose to 6.5 percent in October from 6.1 percent the previous month. Employers cut 240,000 workers after a loss of 284,000 in September, the biggest two-month slide since 2001.

If I interpret these articles correctly, a Las Vegas Casino owner has $16 billion worth of developments in Macau, China, and Singapore at risk because Americans are not spending enough at his Las Vegas Strip casinos. At the same time the U.S. unemployment rate hit 6.5% because American employers were investing their American earnings overseas rather than here in America.

Wonder what would have happened if the casino owner would have invested $16 billion in America? -2q(Jim)

Houshold tips:

* Girl Scout patches can be attached with a hot glue gun and stapler.

* Any machine that makes homemade bread or sews makes a good car jack.

* Any toy that requires assembly will never look like the picture on the box.


FLORIDA CITY INCREASES REVENUES

Caught With His Pants Down
Florida man nabbed for violating city's new baggy trouser ordinance

SEPTEMBER 3--Meet Kenneth Smith. The Florida man, 29, was arrested yesterday for wearing baggy pants. Smith was busted by Riviera Beach cops for violating a city ordinance governing low-slung trousers (or, legally speaking, "exposure of undergarment in public"). Smith, who was also charged with disorderly conduct, could be fined up to $150 on the pants charge. In a bid to criminalize a fashion style popularized by urban youth and hip-hop fans, Riviera Beach voters approved the new ordinance earlier this year. While first offenders like Smith only face a monetary hit, if a baggy pants devotee gets nabbed more than once, he/she could face up to 30 days in jail.

Thursday, October 23, 2008

FROM TRICKLE-DOWN TO BAILOUT

Alan Greenspan guided American financial policy from the Trickle-Down days of Ronald Regan to just before the Bailout give-away days of George W. Bush.

Alan Greenspan was appointed Fed chairman by President Ronald Reagan in August 1987. He served Presidents Ronald Reagan, George H.W. Bush, William Jefferson Clinton, and George W. Bush.

To understand the damage that Greenspan did to our country, you must remember that he was the most notorious of modern Laissez-Faire advocates. Alan firmly believed that "private regulation generally has proved far better at constraining excessive risk-taking than has government regulation" a fact he verbalized in a May, 2005 speech.

Alan put words to the ideas Ronald Reagan and the Republicans wanted to legalize. They loved him! "Trickle-Down" passed from theory to fact. Nobody had the courage to openly mention "trickle-down" and "Laissez-Faire" or "greed" in the same sentence.

(Note: The "excessive risk-taking" that Alan played word games with was, in fact, the general public's welfare. When Wall Street Financiers were threatened, Alan G. changed his stripes and promoted "bailout" economics.)

Now, in October, 2008, policy makers are struggling to contain the global financial crisis that "Trickle-Down" helped orchestrate. "Trickle-Down", it seems, hit a bottle-neck. From the very beginning, Trickle-Down (i.e. Laissez-Faire, i.e. Greed) never could accommodate the needs of a modern industrialized nation. Trickle-down failed in the 18th Century, the 19th Century, the 20th Century, and the first 8 years of the 21st Century. Now, in October, 2008, Greenspan expresses "shocked disbelief'' that private greed did not regulate itself.

Now, in October, 2008, rescued insurance company AIG , succumbing to pressure exerted by the State of New York, has agreed to freeze a $600 million bonus fund. Poor Martin Sullivan, former AIG Chief Executive Officer won't receive his $19 million for quite a while. Aaah, the high price of Bailout.

Now, in October, 2008, Regulated Economies, call it State Capitalism if you must, again provides the leash that keeps Trickle-Down (i.e. Laissez-Faire, i.e. Greed) from destroying the proverbial goose that laid the golden egg. Control of the American economy has passed from the benign Greedy to the benign State.

Hold on to your purses, the pendulum is swinging.

- 2q(Jim)

Friday, October 3, 2008

Bailout II

Look!
Up in the sky!

It's a bird!
It's a plane!
It's SuperTrickle!

Look!
Over on Wall Street!

SuperTrickle is Trickle-Down in disguise!
And Trickle-Down is gushing!
Trickle-Down is gushing all over Wall Street!

Alas, once again Trickle-down missed Main Street.
Ho-hum!

Friday, September 19, 2008

BAILOUT!

A MATTER OF PERSPECTIVE

I bought a house.

I bought the right to pay city/state property taxes.
I bought the right to pay a water bill.
I bought the right to pay a city garbage pick-up bill.

I bought the right to pay an electric bill.
I bought the right to pay a home heating bill.

I bought the right to pay mortgage interest.
I bought the right to pay liability insurance for the bank's property.
I bought the right to pay property insurance for the bank's property.

My city raised my property taxes.
My city raised my water bill.
My city raised my garbage pick-up bill.
My city raised the sales taxes on my electric bill.
My city raised the sales taxes on my home heating bill.

My mortgage company raised the interest payment for my mortgage.
My mortgage company raised the insurance escrow payment for my mortgage.

My employer did not raise my wages.

I tried to sell my house, but the bank would not lend money to possible buyers.

I discontinued the utilities, told the bank they could keep their house, and moved in with my family.

Now the bank must pay the City/State property taxes.
Now the bank must pay the service fee and taxes for my water bill.

Oops! Wrong!

Now the U.S.taxpayer must pay the bank's property taxes and water bill because the Federal government bailed the bank out!

So, the federal government bailed-out the city and state governments. Is this called inter-governmental cooperation?

This is an opinion expressed by Q2(Jim); your comment is welcome.

Tuesday, September 16, 2008

WORLD FINANCIAL CRISIS - REV 2008

A special reminder for Lehman Bros, AGI, Fannie Mae, Freddie Mac, and, most of all, the U.S. Government from a mere poet...


LORD POLONIUS:

Neither a borrower nor a lender be;
For loan oft loses both itself and friend,
And borrowing dulls the edge of husbandry.

From Shakespeare's Hamlet, 1603

Friday, September 12, 2008

EMPOWERMENT IN A CAPITALISTIC SOCIETY

"The problem that has no name -- which is simply the fact that American women are kept from growing to their full human capacities -- is taking a far greater toll on the physical and mental health of our country than any known disease." - Betty Friedan, social activist, The Feminine Mystique

"It was the mystical dogma of Bentham and Adam Smith and the rest, that some of the worst of human passions would turn out to be all for the best. It was the mysterious doctrine that selfishness would do the work of unselfishness." - Gilbert Keith Chesterton

NOT LIKE THE OTHERS
A giant truck stops to pick up a hitchhikeress. The driver opens the door and says, "Come on in. I'm not like the other ones that only let the good-looking girls have a ride."

I TOLD YOU…
A man came home a day early from a business trip and discovered his wife in the midst of passionate lovemaking with a total stranger in their bedroom. He demandingly asked, "What on earth are you doing?!?!!"

The wife turned to the other man and replied, "See, I told you he was dumb as a post."

NON-GOVERNMENT AIDE TO EDUCATION
SACRAMENTO (CBS13) - A Sacramento State grad trying to make money by auctioning off her virginity to help pay for her graduate studies is getting lots of offers...and not just for sex.

The 22-year-old who is using the pseudonym Natalie Dylan for safety reasons is going through a legal brothel in Nevada to sell her virginity. Dylan told CBS13 she's gotten an offer of $250,000. And now she's gotten an offer to do a photo spread for Penthouse magazine...

The main purpose of this is to finance a couple things in my life, Dylan told CBS13. "I think empowerment of women is picking yourself up and doing something on your own to better yourself."…

Dylan earned her bachelor's degree in women's studies from Sacramento State and plans to get her master's at the school beginning in January.

Many Sac State students say they're shocked to hear about their former classmate's plan, while others applaud her. ... I just think she should be giving it to someone special she loves, said one student on campus… another felt that selling her virginity for grad school "is a noble reason to get money."

When I was younger, I wanted 100% romance, possibly even wait for marriage. But as I grew up, reality kinda hit. And I think its a capitalistic society and I want to capitalize on this, explained Dylan.

Koula Gianulias, Offers Pouring Into Student Selling Her Virginity, September 11, 2008
http://cbs13.com/local/selling.virginity.tuition.2.815171.html

With all of the government aid programs competing to spend the taxpayers' money, isn’t it refreshing to find an old fashioned do-it-yourself capitalist? - 2q(Jim)

The truth will set you free. But first, it will piss you off. - Gloria Steinem

LAWYERS, HONE YOUR SKILLS
A new business acquisition client freaked out today at being stuck with a "girl lawyer." Before I got a chance to punch out the old geezer, the supervising partner told him -- with a straight face, yet -- that female lawyers are good at acquisitions because they hone their skills at shopping. So the geezer says, "Okay, but you'd better check everything she does."

Damn right he will, at $400 an hour.

Madeleine Begun Kane, DIARY OF A BASHED ATTORNEY

TYPICAL MALE…
I had parked my car in the supermarket parking lot and was walking past an empty cart when I heard a female voice say, "Mister, are you using that cart?"

No, I answered. "I'm only after one thing."

As I walked toward the store, I heard her murmur, "Typical male."

CAN'T FORGET THE GENIE JOKE
A man finds a lamp and decides to rub the dust off. Then, you guessed it, a Genie appears.

The Genie tells the man he will grant him three wishes, but everything the man gets, his mother-in-law gets twice.

The man's first wish is for 10 million dollars.

The Genie reminds the man that his mother-in-law will get 20 million dollars. The man says, "that's ok."

The man's next wish is for a house by the sea.

Once again, the Genie reminds the man that his mother-in-law will get two houses by the sea; once again, the man says, "that's okay."

The man's last wish is to be beaten half to death.

Thursday, September 11, 2008

THE PAYCHECK FAIRNESS ACT


"DISCRIMINATE, v.i. To note the particulars in which one person or thing is, if possible, more objectionable than another." - Ambrose Bierce, The Devil's Dictionary

"Within the stable economy it's necessary to eliminate all forms of sexual discrimination, and to provide women for the first time in our history with economic opportunities equal to those of men." - Jimmy Carter

NONDISCRIMINATORY QUALIFICATIONS?
In a small town in the US, there is a rather sizable factory that hires only married men. Concerned about this, a local woman called on the manager and asked him, "Why is it you limit your employees to married men? Is it because you think us women are weak, dumb, cantankerous. ..or what"?

Not at all, Ma'am, the manager replied. "It is because our employees are used to obeying orders, are accustomed to being shoved around, know how to keep their mouths shut and don't pout when I yell at them."


THE BOSS'S DILEMA
Boss, to four of his employees: "I'm really sorry, but I'm going to have to let one of you go."
Black Employee: "I'm a protected minority."
Female Employee: "And I'm a woman."
Oldest Employee: "Fire me, buster, and I'll hit you with an age discrimination suit so fast it'll make your head spin."
...To which they all turn to look at the helpless young, white, male employee, who thinks a moment, then responds: "I think I might be gay..."

H.R. 1338 and S.766

"The Paycheck Fairness Act (H.R. 1338 and S.766) was introduced March 6, 2007 by Sen. Hillary Clinton and Rep. Rosa DeLauro to strengthen the Equal Pay Act of 1963. The bill expands damages under the Equal Pay Act…"
http://www.pay-equity.org/info-leg.html

Below is the full text of the Paycheck Fairness Act as submitted to Congress in 2007. I direct your attention to the areas that I highlighted in this official U.S. government document.

While H.R. 1338 purports to address discrimination in the workplace, the remedies it advances apply specifically to women only. Apparently discrimination is bad, but discrimination in favor of women has such great overpowering social value that it should be actively promoted by the U.S. Government. - 2q(Jim)

110th CONGRESS

1st Session

H. R. 1338

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

March 6, 2007

Ms. DELAURO (for herself, Mr. HALL of New York, Mr. LEVIN, Mr. LARSON of Connecticut, Ms. DEGETTE, Ms. BORDALLO, Mr. SKELTON, Mr. HONDA, Ms. BERKLEY, Ms. SCHAKOWSKY, Mr. DOYLE, Mr. KILDEE, Mr. BOSWELL, Ms. CARSON, Mr. FILNER, Mr. OBERSTAR, Mr. WYNN, Ms. ESHOO, Mr. PRICE of North Carolina, Ms. SCHWARTZ, Mrs. MALONEY of New York, Mrs. CAPPS, Mr. HINCHEY, Mr. GEORGE MILLER of California, Mr. BUTTERFIELD, Mr. MORAN of Virginia, Mr. LANTOS, Ms. WOOLSEY, Ms. NORTON, Mr. DINGELL, Ms. MCCOLLUM of Minnesota, Mr. DOGGETT, Mr. OBEY, Mr. MOORE of Kansas, Ms. KILPATRICK, Mr. DEFAZIO, Mr. BERMAN, Ms. ZOE LOFGREN of California, Mrs. CHRISTENSEN, Mr. ALLEN, Mr. SHERMAN, Mr. CONYERS, Mr. KENNEDY, Mr. RYAN of Ohio, Mr. BACA, Ms. SOLIS, Mr. ELLISON, Mrs. MCCARTHY of New York, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. SHORT TITLE.


This Act may be cited as the `Paycheck Fairness Act'.


SEC. 2. FINDINGS.


Congress makes the following findings:
(1) Women have entered the workforce in record numbers over the past 50 years.


(2) Even today, women earn significantly lower pay than men for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination.


(3) The existence of such pay disparities--


(A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet;


(B) undermines women's retirement security, which is often based on earnings while in the workforce;


(C) prevents the optimum utilization of available labor resources;


(D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States;


(E) burdens commerce and the free flow of goods in commerce;


(F) constitutes an unfair method of competition in commerce;


(G) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce;


(H) interferes with the orderly and fair marketing of goods in commerce; and


(I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th amendments.


(4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).


(B) Elimination of such barriers would have positive effects, including--


(i) providing a solution to problems in the economy created by unfair pay disparities;


(ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance;


(iii) promoting stable families by enabling all family members to earn a fair rate of pay;


(iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and


(v) ensuring equal protection pursuant to Congress' power to enforce the 5th and 14th amendments.


(5) The Department of Labor has important and unique responsibilities to help ensure that women receive equal pay for doing work that is substantially equal to men's work.


(6) The Department of Labor is responsible for--


(A) collecting and making publicly available information about women's pay;


(B) ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity);


(C) disseminating information about women's rights in the workplace;


(D) helping women who have been victims of pay discrimination obtain a remedy; and


(E) being proactive in investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates.


(7) With a stronger commitment by the Department of Labor to its responsibilities, increased information about the provisions added by the Equal Pay Act of 1963, wage data, and more effective remedies, women will be better able to recognize and enforce their rights.


(8) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized.


SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.


(a) Required Demonstration for Affirmative Defense- Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking `(iv) a differential' and all that follows through the period and inserting the following: `(iv) a differential based on a bona fide factor other than sex, such as education, training or experience, except that the bona fide factor defense shall apply only if--


`(I) the employer demonstrates that--


`(aa) such factor--


`(AA) is job-related with respect to the position in question; or


`(BB) furthers a legitimate business purpose, except that this item shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and


`(bb) such factor was actually applied and used reasonably in light of the asserted justification; and


`(II) upon the employer succeeding under subclause (I), the employee fails to demonstrate that the differential produced by the reliance of the employer on such factor is itself the result of discrimination on the basis of sex by the employer.
An employer that is not otherwise in compliance with this paragraph may not reduce the wages of any employee in order to achieve such compliance.'


(b) Application of Provisions- Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the end the following: `The provisions of this subsection shall apply to applicants for employment if such applicants, upon employment by the employer, would be subject to any provisions of this section.'.


(c) Elimination of Establishment Requirement- Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--


(1) by striking `, within any establishment in which such employees are employed,'; and


(2) by striking `in such establishment' each place it appears.


(d) Nonretaliation Provision- Section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--


(1) by striking `or has' each place it appears and inserting `has'; and


(2) by inserting before the semicolon the following: `, or has inquired about, discussed, or otherwise disclosed the wages of the employee or another employee, or because the employee (or applicant) has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing, or action under section 6(d)'.


(e) Enhanced Penalties- Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216



(b)) is amended--


(1) by inserting after the first sentence the following: `Any employer who violates section 6(d) shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.';


(2) in the sentence beginning `An action to', by striking `either of the preceding sentences' and inserting `any of the preceding sentences of this subsection';


(3) in the sentence beginning `No employees shall', by striking `No employees' and inserting `Except with respect to class actions brought to enforce section 6(d), no employee';


(4) by inserting after the sentence referred to in paragraph (3), the following: `Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.'; and


(5) in the sentence beginning `The court in'--


(A) by striking `in such action' and inserting `in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection'; and


(B) by inserting before the period the following: `, including expert fees'.


(f) Action by Secretary- Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended--


(1) in the first sentence--


(A) by inserting `or, in the case of a violation of section 6(d), additional compensatory or punitive damages,' before `and the agreement'; and


(B) by inserting before the period the following: `, or such compensatory or punitive damages, as appropriate';


(2) in the second sentence, by inserting before the period the following: `and, in the case of a violation of section 6(d), additional compensatory or punitive damages';


(3) in the third sentence, by striking `the first sentence' and inserting `the first or second sentence'; and


(4) in the last sentence--


(A) by striking `commenced in the case' and inserting `commenced--


`(1) in the case';


(B) by striking the period and inserting `; or'; and


(C) by adding at the end the following:


`(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action'.


SEC. 4. TRAINING.


The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages.


SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND WOMEN.


(a) Program Authorized-


(1) IN GENERAL- The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program.


(2) GRANTS- In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities, to carry out negotiation skills training programs for girls and women.


(3) ELIGIBLE ENTITIES- To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization.


(4) APPLICATION- To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require.


(5) USE OF FUNDS- An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women. The training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and the best compensation packages possible for themselves.


(b) Incorporating Training Into Existing Programs- The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under--


(1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and


(2) in the case of the Secretary of Labor, the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate.


(c) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor and the Secretary of Education shall prepare and submit to Congress a report describing the activities conducted under this section.


SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.


The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including--


(1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities;


(2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities;


(3) sponsoring and assisting State and community informational and educational programs;


(4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities;


(5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and


(6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities.


SEC. 7. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.


(a) Guidelines-


(1) IN GENERAL- The Secretary of Labor shall develop guidelines to enable employers to evaluate job categories based on objective criteria such as educational requirements, skill requirements, independence, working conditions, and responsibility, including decisionmaking responsibility and de facto supervisory responsibility.


(2) USE- The guidelines developed under paragraph (1) shall be designed to enable employers voluntarily to compare wages paid for different jobs to determine if the pay scales involved adequately and fairly reflect the educational requirements, skill requirements, independence, working conditions, and responsibility for each such job with the goal of eliminating unfair pay disparities between occupations traditionally dominated by men or women.


(3) PUBLICATION- The guidelines shall be developed under paragraph (1) and published in the Federal Register not later than 180 days after the date of enactment of this Act.


(b) Employer Recognition-


(1) PURPOSE- It is the purpose of this subsection to emphasize the importance of, encourage the improvement of, and recognize the excellence of employer efforts to pay wages to women that reflect the real value of the contributions of such women to the workplace.


(2) IN GENERAL- To carry out the purpose of this subsection, the Secretary of Labor shall establish a program under which the Secretary shall provide for the recognition of employers who, pursuant to a voluntary job evaluation conducted by the employer, adjust their wage scales (such adjustments shall not include the lowering of wages paid to men) using the guidelines developed under subsection (a) to ensure that women are paid fairly in comparison to men.


(3) TECHNICAL ASSISTANCE- The Secretary of Labor may provide technical assistance to assist an employer in carrying out an evaluation under paragraph (2).


(c) Regulations- The Secretary of Labor shall promulgate such rules and regulations as may be necessary to carry out this section.


SEC. 8. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE.


(a) In General- There is established the Secretary of Labor's National Award for Pay Equity in the Workplace, which shall be evidenced by a medal bearing the inscription `Secretary of Labor's National Award for Pay Equity in the Workplace'. The medal shall be of such design and materials, and bear such additional inscriptions, as the Secretary of Labor may prescribe.


(b) Criteria for Qualification- To qualify to receive an award under this section a business shall--


(1) submit a written application to the Secretary of Labor, at such time, in such manner, and containing such information as the Secretary may require, including at a minimum information that demonstrates that the business has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence; and


(2) meet such additional requirements and specifications as the Secretary of Labor determines to be appropriate.
(

c) Making and Presentation of Award-


(1) AWARD- After receiving recommendations from the Secretary of Labor, the President or the designated representative of the President shall annually present the award described in subsection (a) to businesses that meet the qualifications described in subsection (b).


(2) PRESENTATION- The President or the designated representative of the President shall present the award under this section with such ceremonies as the President or the designated representative of the President may determine to be appropriate.


(d) Business- In this section, the term `business' includes--
(

1)(A) a corporation, including a nonprofit corporation;


(B) a partnership;


(C) a professional association;


(D) a labor organization; and


(E) a business entity similar to an entity described in any of subparagraphs (A) through (D);


(2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and


(3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2).


SEC. 9. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.


Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following:


`(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall--


`(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and


`(B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees.


`(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports.'.


SEC. 10. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION.


(a) Bureau of Labor Statistics Data Collection- The Commissioner of Labor Statistics shall collect data on women workers in the Current Employment Statistics survey.


(b) Office of Federal Contract Compliance Programs Initiatives-


(1) IN GENERAL- The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office--


(A)(i) shall use the full range of investigatory tools at the Office's disposal, including pay grade methodology;


(ii) in considering evidence of possible compensation discrimination--


(I) shall not limit its consideration to a small number of types of evidence; and


(II) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and


(iii) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case;


(B) for purposes of its investigative, compliance, and enforcement activities, shall define `similarly situated employees' in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10-III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office's investigation reveals were used in making compensation decisions; and


(C) shall designate not less than half of all nonconstruction contractor establishments each year to prepare and file the Equal Opportunity Survey, required by section 60-2.18 of title 41, Code of Federal Regulations, and shall review and utilize the responses to the survey to identify contractor establishments for further evaluation.


(2) REGULATIONS- In promulgating any regulations with respect to the compensation discrimination cases, the Secretary of Labor, in establishing standards for similarly situated employees, shall include examples of similar jobs.


(c) Department of Labor Distribution of Wage Discrimination Information- The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination.


SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this Act.


http://www.govtrack.us/congress/billtext.xpd?bill=h110-1338&version=ih

Friday, September 5, 2008

DATING & SOFTWARE - BY THE NUMBERS



Genesis 1:28 (King James Version)
And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.

Dedicated to the technologically-challenged but biologically-normal American males who will, hopefully, father the babies who will grow-up to pay my Social Security. -2q(Jim)

SOFTWARE - CHOOSE YOUR VERSION CAREFULLY

I'm currently running the latest version of GirlFriend, and I've been having some problems lately. I've been running the same version of DrinkingBuddies 1.0 forever as my primary application, and all the GirlFriend releases I've tried have always conflicted with it.

I hear that DrinkingBuddies won't crash if GirlFriend is run in background mode and the sound is turned off. But I'm embarrassed to say I can't find the switch to turn the sound off. I just run them separately, and it works okay.

Girlfriend also seems to have a problem co-existing with my Golf program, often trying to abort Golf with some sort of timing incompatibility.

I probably should have stayed with GirlFriend 1.0, but I thought I might see better performance from GirlFriend 2.0. After months of conflicts and other problems, I consulted a friend who has had experience with GirlFriend 2.0. He said I probably didn't have enough cache to run GirlFriend 2.0, and eventually it would require a Token Ring to run properly. He was right - as soon as I purged my cache, it uninstalled itself.

Shortly after that, I installed GirlFriend 3.0 beta. All the bugs were supposed to be gone, but the first time I used it, it gave me a virus anyway. I had to clean out my whole system and shut down for a while.

I very cautiously upgraded to GirlFriend 4.0. This time I used a SCSI probe first and also installed a virus protection program. It worked okay for a while until I discovered that GirlFriend 1.0 was still in my system. I tried running GirlFriend 1.0 again with GirlFriend 4.0 still installed, but GirlFriend 4.0 has a feature I didn't know about that automatically senses the presence of any other version of GirlFriend and communicates with it in some way, which results in the immediate removal of both versions.

The version I have now works pretty well, but there are still some problems. Like all versions of GirlFriend, it is written in some obscure language I can't understand, much less reprogram.
Frankly, I think there is too much attention paid to the look and feel rather than the desired functionality. Also, to get the best connections with your hardware, you usually have to use gold-plated contacts. And I've never liked how GirlFriend is totally "object-oriented."

A year ago, a friend of mine upgraded his version of GirlFriend to GirlFriendPlus 1.0, which is a Terminate and Stay Resident version of GirlFriend. He discovered that GirlFriendPlus 1.0 expires within a year if you don't upgrade to Fiancee 1.0. So he did, but soon after that, he had to upgrade to Wife 1.0, which he describes as a huge resource hog. It has taken up all his space, so he can't load anything else.

One of the primary reasons he decided to go with Wife 1.0 was because it came bundled with FreeSexPlus. Well, it turns out the resource allocation module of Wife 1.0 sometimes prohibits access to FreeSexPlus, particularly the new Plug-Ins he wanted to try. On top of that, Wife 1.0 must be running on a well warmed-up system before he can do anything.

Although he did not ask for it, Wife 1.0 came with MotherInLaw which has an automatic pop-up feature he can't turn off. I told him to try installing Mistress 1.0, but he said he heard if you try to run it without first uninstalling Wife 1.0, Wife 1.0 will delete MSMoney files before doing the uninstall itself. Then Mistress 1.0 won't install anyway because of insufficient resources.

Thursday, August 28, 2008

WITH THE STROKE OF A PEN

"My fellow Americans, I am pleased to tell you I just signed legislation which outlaws Russia forever. The bombing begins in five minutes." - Reagan, Ronald in a radio broadcast test

NUCLEAR-FREE CHINO
The legislation was signed. In Chino, California, detonating a nuclear device of any kind, within the city limits, will get you a $500 fine.

For the record, there has not been a single nuclear explosion in Chino since this legislation was passed. - 2q(Jim)

FELLOW REPRESENTATIVES - IT IS JUST SO LITTLE!
Texas House Speaker Gib Lewis defending himself against the charge that he would personally profit from a bill he had introduced: "I'd just make a little bit of money, I wouldn't make a whole lot."

A JUST REWARD?
A lawyer died and found himself at the pearly gates. He was admitted to heaven. He saw saints, martyrs, philanthropists, and great good people with their harps and wings all being treated very well. To his surprise, he was given a golden harp, special treatment, and a throne near God. He was treated much better than anyone else. He asked, "Are all lawyers treated like this?" He was answered, We don't know. You're the first lawyer that's ever been here!

NO SCRABBLE AT SCRAMBLE
Ever wonder why neither the Republicans nor the Democrats ever held their national convention in Atwoodville, Connecticut?

I suspect that it has something to do with the fact that a local ordinance prohibits people from playing Scrabble while waiting for a politician to speak.

BATHING RIGHTS AND WRONGS
The City of Barre, VT, dicataes that all residents shall bathe every Saturday night.

Arizona law forbids donkeys from sleeping in bathtubs.

The State of Massachusettes deems it illegal to go to bed without first having a full bath.

The State of Arkansas, presumably after much deliberation, determined that alligators may not be kept in bathtubs.

Do you find these laws to be funny? Just remember that each one carries a punishment. If enforced, someone can be jailed or fined. And politicians are not known to be above "dirty tricks", are they? - 2q(Jim)

BOOBS FOR THE BLIND
Two young nuns are ordered to paint a room in the convent, and the last instruction of the Mother Superior is that they must not get even one single drop of paint on their habits. After discussing it, the two nuns decide to lock the door of the room, strip off their habits, and paint naked.

In the middle of the project, there comes a knock at the door. "Who is it?" calls one of the nuns.

"Blind man," replies a voice from the other side of the door.

The two nuns look at each other, shrug, and, deciding that no harm can come from letting a blind man into the room, they open the door.

"Nice boobs," says the man. "Where do you want the blinds?"

Would "Over there" be appropriate? - 2q(Jim)

If an elephant is left tied to a parking meter in the State of Florida, the parking fee has to be paid just as it would for a vehicle.

A QUESTION OF BALANCE


Does the fact that a donkey can balance the scales against an elephant indicate that the elephant is probably filled with hot air?

BALANCED SCALES
One evening, after attending the theater, two gentlemen were walking down the avenue when they observed a rather well dressed and attractive young lady walking ahead of them. One of them turned to the other and remarked, "I'd give $50.00 to spend the night with that woman."

Much to their surprise, the young lady overheard the remark, turned around, and replied, "I'll take you up on that." She had a neat appearance and a pleasant voice, so after bidding his companion good night, the man accompanied the young lady to her apartment.

The following morning, the man presented her with $25.00 as he prepared to leave. She demanded the rest of the money, stating: "If you don't give me the other $25.00, I'll sue you for it." He laughed, saying: "I'd like to see you get it on these grounds."

The next day he was surprised when he received a summons ordering his presence in court as a defendant in a lawsuit. He hurried to his lawyer and explained the details of the case. His lawyer said: "She can't possibly get a judgement against you on such grounds, but it will be interesting to see how her case will be presented."

After the usual preliminaries, the lady's lawyer addressed the court as follows: "Your honor, my client, this lady, is the owner of a piece of property, a garden spot, surrounded by a profuse growth of shrubbery, which property she agreed to rent to the defendant for a specified length of time for the sum of $50.00. The defendant took possession of the property, used it extensively for the purpose for which it was rented, but upon evacuating the premises, he paid only $25.00, one-half the amount agreed upon. The rent was not excessive, since it is restricted property, and we ask judgement be granted against the defendant to assure payment of the balance."

The defendant's lawyer was impressed and amused by the way his opponent had presented the case. His defense, therefore, was somewhat different from the way he originally planned to present it.

Your honor, he said, "My client agrees that the lady has a fine piece of property, that he did rent such property for a time, and a degree of pleasure was derived from the transaction. However, my client found a well on the property around which he placed his own stones, sunk a shaft, and erected a pump, all labor performed personally by him. We claim these improvements to the property were sufficient to offset the unpaid amount, and that the plaintiff was adequately compensated for rental of said property. We, therefore, ask that judgement not be granted."

The young lady's lawyer answered thusly: "Your honor, my client agrees that the defendant did find a well on her property. However, had the defendant not known that the well existed, he would never have rented the property. Also, upon evacuating the premises, the defendant removed the stones,pulled out the shaft, and took the pump with him. In doing so, he not only dragged the equipment through the shrubbery, but left the hole much larger than it was prior to his occupancy, making the property much less desirable to others. We, therefore, ask that judgement be granted."

And it was. She won the case...


Keeping in mind that almost all politicians and judges are lawyers, isn't it amazing what can be accomplished with a mere stroke of a pen? - 2q(Jim)

Thursday, August 21, 2008

LAND OF THE FREE - rev 2008

"Oh, say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?"

JUDGE, CHECK HIS RECORD
In the middle of the night, in the middle of nowhere, two cars both slightly cross over the white line in the center of the road. They collide and a fair amount of damage is done, although neither is hurt. It is impossible to assess blame for the accident on either however. They both get out. One is a doctor and the other is a lawyer. The lawyer calls the police on his cell phone; they'll be there in 20 minutes. It's cold and damp, and both men are shaken up. The lawyer offers the doctor a drink of brandy from his hip flask, the doctor accepts, drinks and hands it back to the lawyer, who puts it away.

Aren't you also going to have a drink? the doctor says.

After the police get here. replies the lawyer.

And just what will this poor doctor's record show after this conviction? - 2q(Jim)

LAND OF THE FREE, Rev. 2008
The federal government has been using its system of border checkpoints to greatly expand a database... by collecting information on all U.S. citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations.

Officials say the Border Crossing Information system... is part of a broader effort to guard against terrorist threats. It also reflects the growing number of government systems containing personal information on Americans that can be shared for a broad range of law enforcement and intelligence purposes, some of which are exempt from some Privacy Act protections...

The notice states that the government may share border records with federal, state, local, tribal or foreign government agencies in cases where customs believes the information would assist enforcement of civil or criminal laws or regulations, or if the information is relevant to a hiring decision.

That raises concerns, privacy advocates say, that analyses can be undertaken that could implicate innocent people if appropriate safeguards are not used.

washingtonpost.com, "Citizens' U.S. Border Crossings Tracked", Ellen Nakashima, August 20, 2008
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/19/AR2008081902811_pf.html

WITH LIBERTY AND JUSTICE FOR ALL
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

WITH LIBERTY AND JUSTICE FOR ALL, Rev. 2008
WASHINGTON — A Justice Department plan would loosen restrictions on the Federal Bureau of Investigation to allow agents to open a national security or criminal investigation against someone without any clear basis for suspicion…

... the new guidelines would allow the F.B.I. to open an investigation of an American, conduct surveillance, pry into private records and take other investigative steps “without any basis for suspicion.” The plan “might permit an innocent American to be subjected to such intrusive surveillance based in part on race, ethnicity, national origin, religion, or on protected First Amendment activities,”...

The New York Times, "New Guidelines Would Give F.B.I. Broader Powers, " ERIC LICHTBLAU, August 21, 2008

http://www.nytimes.com/2008/08/21/washington/21fbi.html?_r=1&adxnnl=1&oref=slogin&ref=us&pagewanted=print&adxnnlx=1219321192-+WTCoC0xxs2K+zsEqNCj4Q

Actually, the question is "How much do you trust the individuals in government?" Do you really want Joe Blow to have access to your bank accounts, traffic record, medical records, etc.? And do you really think that Jane Blow will forget all she learned about you after she loses the next election?

For those willing to answer "yes" to these questions, security is the prime consideration. They are willing to sacrifice individual liberty for a "feel-good" sense of security.

For those willing to answer "no" to these questions, liberty is the prime consideration. They place a very high value on individual liberty and will, themselves, fight to protect the liberty the United States of America claims to offer.

As a reminder…

The Star Spangled Banner Lyrics
By Francis Scott Key 1814

Oh, say can you see by the dawn's early light
What so proudly we hailed at the twilight's last gleaming?
Whose broad stripes and bright stars thru the perilous fight,
O'er the ramparts we watched were so gallantly streaming?
And the rocket's red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
Oh, say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?

On the shore, dimly seen through the mists of the deep,
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream:
'Tis the star-spangled banner! Oh long may it wave
O'er the land of the free and the home of the brave!

And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion,
A home and a country should leave us no more!
Their blood has washed out their foul footsteps' pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the brave!

Oh! thus be it ever, when freemen shall stand
Between their loved home and the war's desolation!
Blest with victory and peace, may the heav'n rescued land
Praise the Power that hath made and preserved us a nation.
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our trust."
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave!

FAIR USE NOTICE:
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Thursday, August 14, 2008

ZEROS TAINT NOTHIN'

I received this as an eMail from a friend.

How many zeros in a billion?

The next time you hear a politician use the word 'billion' in a casual manner, think about whether you want the 'politicians' spending YOUR tax money.

A billion is a difficult number to comprehend, but one advertising agency did a good job of putting that figure into some perspective in one of it's releases.

1) A billion seconds ago it was 1959.

2) A billion minutes ago Jesus was alive.

3) A billion hours ago our ancestors were living in the Stone Age.

4) A billion days ago no-one walked on the earth on two feet.

5) A billion dollars ago was only 8 hours and 20 minutes, at the rate our government is spending our money.

Washington , D. C
HELLO!
Are all your calculators broken??

I think it only fair to point-out that as our national debt has grown from millions to billions to trillions, our scientific community, primarily funded by government, has responded with faster and faster calculators. We have moved from adding machines to calculators to computers in my lifetime. - 2q(Jim)

Tuesday, August 5, 2008

INSPIRING LEGAL INSPIRATIONS

"Laws do inhibit some citizens from breaking them, and laws do specify punishments for crimes, but laws do not prevent anybody from doing anything." - Michael Roy Ames

REAL LAWS FOR REAL PEOPLE
1. A Massachusettes ordinance declares goatees illegal unless you first pay a special license fee for the privilege of wearing one in public.

2. Another Massachusettes ordinance bans all Quakers and witches.

3. Vermont once found it necessary to declare it illegal to tie a giraffe to a telephone pole. There is a difference of opinion as to whether this particular law is still in force.

4. A three dollar fine per pack will be imposed on anyone playing cards in Indiana under the Act for the Prevention of Gaming.

5. It's illegal to dance cheek-to-cheek in Compton, California.

6. At the same time, Stockton, California says it's okay to dance cheek-to-cheek but it is against the law to wiggle.

People commonly equate government with taxes. Governments, in fact, siphon google-zillions from the economy via permits and fines. For every law there is cash involved. Whether it is for the privilege of wearing a goatee or the fine for playing cards, governments daily collect more from "hidden" (overlooked) sources than from taxes. - 2q(Jim)

CONSIDER THE EXXON VALDEZ FINE
BACKROUND

Oil spill occurred March 24, 1989

The vessel spilled 10.8 million U.S. gallons of Prudhoe Bay crude oil into the sea.

The oil eventually covered 11,000 square miles of ocean.

In 1994, in the case of Baker vs. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. The punitive damages amount was equal to a single year's profit by Exxon at that time.

Exxon appealed. On December 6, 2002, the judge announced that he had reduced the damages to $4 billion...

Exxon appealed again. Judge Holland increased the punitive damages to $4.5 billion, plus interest.

Exxon appealed again. On December 22, 2006, the damages award was cut to $2.5 billion.

Exxon appealed again. On May 23, 2007, the 9th Circuit Court of Appeals denied ExxonMobil's request for a third hearing and let stand its ruling that Exxon owes $2.5 billion in punitive damages.

Conclussion
Exxon then appealed to the Supreme Court. On June 25, 2008 the Supreme Court vacated the $2.5 billion award and remanded the case back to a lower court, finding that the damages were excessive with respect to maritime common law. The judgment limits punitive damages to the compensatory damages, which for this case were calculated as $507.5 million.

PERPETUAL MOTION
The Prince William Sound oil spill occurred March 24, 1989: the litigation was partially resolved almost 20 years later on June 25, 2008. Of course now the lower court has to set new dollar value on the fines to be assessed against Exxon. The wheels of Justice, oiled by lawyers, continue to challenge the existence of perpetual motion. - 2q(Jim)

FOOTNOTE
Exxon Mobil Corp. reportedly earned $11.68 billion in profits in the second quarter of 2008, the highest quarterly income ever recorded by a U.S. company.

Yes, American governments at all levels siphon google-zillions from the economy via permits and fines day in and day out. Obviously, the dollar value of the fines is negotiable. When's the last time you went to court to defend yourself from a questionable assessment? When's the last time you spent 20 years trying to find Justice? - 2q(Jim)

FUTURE FINES
Women wearing Wonderbras and low-cut blouses lose their right to complain about having their boobs stared at. Should they decide to exercise their right to complain, they shall be fined a prudent amount assessed by a male judge of good character. If a male judge of good character cannot be found, the whole matter shall be argued in the Justice system for at least 20 years.

"Never be afraid to laugh at yourself, after all, you could be missing out on the joke of the century." - Dame Edna Everage

Saturday, August 2, 2008

CAMERA CASH FOR GOVERNMENT

As Senator Cane said to Senator Able, "There is more than one way to skin a cat."

Newspaper Headline:
Toilet stolen from police station. Cops have nothing to go on.

CANDID CAMERA COLLECTIONS
PHOENIX – Motorists speeding on Arizona highways face the prospect of getting citations generated from photo enforcement cameras…

Arizona Gov. Janet Napolitano says that the program is all about traffic safety and that any new state revenue is a bonus. But some critics contend her approach undercuts her stated goal.

The law authorizing the program mandates $165 citations for violators…

Associated Press via The San Diego Union-Tribune, "Photo radar system to start spotting Arizona speeders in coming months", July 20, 2008
http://www.signonsandiego.com/uniontrib/20080720/news_1n20speedin1.html


QUESTIONS CAMERAS WISH THEY COULD ASK
1.
Just how big were those two beers?
2. No sir, we don't have quotas anymore. We used to have quotas, but now we're allowed to write as many tickets as we want.
3. Yeah, we have a quota. Two more tickets and my wife gets a toaster oven.
4. So, you don't know how fast you were going. I guess that means I can write anything I want on the ticket, huh?

CROOK CATCHIN' CAMERAS
FLINT, Michigan - Willing to spend $30,000 to put your name on a camera?

The City of Flint is looking for sponsors for surveillance cameras that will be mounted around the city to keep a watch out for crooks.

In exchange for cash, the city will plaster business names next to police logos on the pole-mounted camera boxes that sport a blue police light that flashes 24 hours a day.

Don't have $30,000? Depending on the size of the check, smaller logos and even people's names can be placed on the boxes similar to those found on a NASCAR racer...

The Flint Journal, "Flint seeks sponsors for police surveillance cameras; some question whether it's appropriate", Bryn Mickle, July 30, 2008
http://www.mlive.com/flintjournal/index.ssf/2008/07/flint_seeks_sponsors_for_polic.html

Kinda reminds ya of "Big Brother", doesn't it?

CASH FROM CLASSES, NOT CAMERAS
One of my co-workers got a speeding ticket and was attending a defensive-driving course to have points erased from her license. The instructor, a police officer, emphasized that being on time was crucial and that the classroom doors would be locked when each session began.

Just after one class started, someone knocked on the locked door. The officer opened it and asked, "Why are you late?"

The student replied, "I was trying not to get another ticket."

The officer let her in.

Just remember, when government says you are in the 20% tax bracket, they don't include all the little extras you donate to the "Benevolent Order of Politicians, Lawyers, and other Known Miscreants." - 2q(Jim)

QUESTIONS CAMERAS DON'T HAVE TO ANSWER
1.
You are under arrest and...
2. No, I don't care who you are.
3. No, I don't care who you know.
4. Yes... you DO pay my salary.
5. Yes... you CAN have my job.
6. No, I don't have anything better to do.
7. Yes, I DO arrest real criminals sometimes.
8. No, I am not picking on you because you are________ (fill in).
9. No, I can't give you a break.
10. No, we can't talk about it.

Thursday, July 31, 2008

FAMILY FIRST



BATTLE OF THE SEXES: SCORE 5,5,5



HE SEZzzzz

A headache that lasts for 17 months is a problem. See a doctor.


Whenever possible, please say whatever you have to say during commercials.


"Yes" and "No" are perfectly acceptable answers.


You have enough clothes.


You have too many shoes.




SHE SEZzzzz

When God finished the creation of Adam, He stepped back, scratched his head, and said, "I can do better than that!"


MENtal anxiety! MENstrual cramps! MENopause! Don't you notice that all our problems begin with MEN!


Boys are like lava lamps: fun to look at but not so bright.


A man is like a fine wine. He starts out raw as grapes and it's a woman's job to stomp on him and keep him in the dark until he matures into something she'd like to have dinner with.


Adam was a rough draft.

THE KIDS SAY

Stay away from prunes.

Beware of cafeteria food when it looks like it's moving.

Never tell your little brother that you're not going to do what your mom told you to do.

Never try to baptize a cat.

Never spit when on a roller coaster.

GOVERNMENT POLICY - PROTECT THE FAMILY
"POSTVILLE, Iowa -- Antonio Escobedo ran to get his wife Monday when he saw a helicopter circling overhead and immigration agents approaching the meatpacking plant where they both work. The couple hid for hours inside the plant…

"I like my job. I like my work. I like it here in Iowa," said Escobedo, 38, an illegal immigrant from Yescas, Mexico, who has raised his three children for 11 years in Postville…

Monday's raid on the Agriprocessors plant, in which 389 immigrants were arrested and many held at a cattle exhibit hall, was the Bush administration's largest crackdown on illegal workers at a single site… Half of the school system's 600 students were absent Tuesday, including 90 percent of Hispanic children, because their parents were arrested or in hiding.

"They don't go after employers. They don't put CEOs in jail," complained the Postville Community Schools superintendent, David Strudthoff, 51, who said the sudden incarceration of more than 10 percent of the town's population of 2,300 "is like a natural disaster -- only this one is manmade."

Washington Post, "Immigration Raid Jars a Small Town", Spencer S. Hsu, May 18, 2008
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/17/AR2008051702474_pf.html

The United States has been hosting migrant workers since before 1776. Why the uproar now? Is the current persecution of "illegal immigrants" an attempt to intimidate certain potential voters? Or is it a knee-jerk reaction to a NAFTA orchestrated migrant invasion?

Or was the Escobedo Family busted because Iowa hasn't elected a woman to Congress or to the governorship?

Or was it because half of the school system's 600 students were absent Tuesday and government pays schools hard cash based on headcount, not results?

Or was it because, as in the Fundamentalist Church of Jesus Christ of Latter-Day Saints child abuse case, government pays lip service to family values as it quietly feeds the monster that has become Child Protective Services?

Or Was it…

Or Was it…

2q(Jim)

BARTERING FOR A FAMILY
After a few weeks of Adam being by himself in the garden of Eden, he got lonely. So he went to God and asked for a companion.

God said he would look into it and get back to him the next day.

So the next day God went to Adam and said, "Here Adam, I can make a beautiful woman that cooks, irons, cleans, never complains and is pretty much just what you want, but it'll cost you an arm and a leg. What do you think?"

Adam thought for a few seconds and then asked "What can I get for a rib?"






FAIR USE NOTICE:
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of issues of environmental and humanitarian significance. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.


Wednesday, July 30, 2008

NO BAG LIMIT FOR WITCH-HUNTERS

"Behind every successful man stands a surprised mother-in-law." - Common Wisdom

Q. What makes men chase women they have no intention of marrying?
A. The same urge that makes dogs chase cars they have no intention of driving.

WASHINGTON ARMS WITCH-HUNTERS
"When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. The odd connection between the antiterror law and Spitzer's trysts with call girls illustrates how laws enacted for one purpose often end up being used very differently once they're on the books."

Newsweek, "Unintended Consequences", Mark Hosenball, 4/14/08
http://www.newsweek.com/related.aspx?subject=Eliot+Spitzer

DEMOCRATS DEFINE PROTECTED SPECIES FOR ZEALOUS WITCH-HUNTERS
" After the 1968 Democratic Convention… the Democratic Party established a commission to reform the nominating process.
Its recommendations, adopted by the party, sharply curtailed the power of elected officials and party insiders to choose delegates, increased the importance of caucuses and primary elections, and mandated quotas for blacks, women, and youth... Hart exploited that understanding to the hilt."

American Heritage, "Gary Hart’s Monkey Business: How and Why a Candidate Got Caught", John Steele Gordon, May 8, 2007
http://www.americanheritage.com/people/articles/web/20070508-gary-hart-donna-rice-george-mcgovern-democratic-presidential-primary-political-scandal.shtml

PROTECTED SPECIES: FEMALE FISHERMAN NOT FISHING
One morning the husband returns after several hours of fishing and decides to take a nap.

Although not familiar with the lake, the wife decides to take the boat out. She motors out a short distance, drops anchor, and reads her book.

Along comes a Game Warden in his boat. He pulls up alongside the woman and says, 'Good morning, Ma'am. What are you doing?'

'Reading a book,' she replies, (thinking, 'Isn't that obvious?')

'You're in a Restricted Fishing Area,' he informs her.

'I'm sorry, officer, but I'm not fishing. I'm reading.'

'Yes, but you have all the equipment. For all I know you could start at any moment. I'll have to take you in and write you up.'

'For reading a book?,' she replies,

'You're in a Restricted Fishing Area,' he informs her again.

'I'm sorry, officer, but I'm not fishing. I'm reading.'

'Yes, but you have all the equipment. For all I know you could start at any moment. I'll have to take you in and write you up.'

'If you do that, I'll have to charge you with sexual assault,' says the woman.

'But I haven't even touched you.' says the game warden.

'That's true, but you have all the equipment. For all I know you could start at any moment.'

'Have a nice day ma'am,' he said and he left.

WITCH-HUNTERS BAG GOVERNOR
"New York Gov. Eliot Spitzer's prostitute problem is just the latest reminder: there's a troubling question about politicians that never quite seems to go away. When it comes to mental health, emotional stability and social adjustment, are they, well, a little crazier than the rest of us, a little saner—or not much different from the average person at all?"

Newsweek, "The Political Psyche ", By Alan Ehrenhalt, 4/14/2008
http://www.newsweek.com/related.aspx?subject=Eliot+Spitzer&tid=relatedcl

WITCH-HUNTERS BAG SENATOR
When rumors began circulating about his supposed extramarital affairs, Sen. Gary Hart, the leading candidate for the 1988 Democratic nomination for President, challenged the media. He told The New York Times... that they should “follow me around. . . . They’ll be very bored.” As the NBC anchor John Chancellor explained a few days later, “We did. We weren’t.”

American Heritage, "Gary Hart’s Monkey Business: How and Why a Candidate Got Caught", John Steele Gordon, May 8, 2007
http://www.americanheritage.com/people/articles/web/20070508-gary-hart-donna-rice-george-mcgovern-democratic-presidential-primary-political-scandal.shtml

WITCH-HUNTERS BAG LAWYER
"UPDATE: John Edwards' secret meeting with his mistress at the Beverly Hilton hotel has now become part of a criminal complaint.
Hotel security tried to stop the reporters from questioning Edwards in the basement of the hotel at approximately 2:40 a.m. Tuesday, July 22 after Edwards came off an elevator and appeared to be attempting to leave the hotel unseen
His secret mistress Rielle Hunter and her baby were upstairs, and Edwards had just spent hours with them in a secret rendezvous."

National Enquirer, 7/24/2008 http://www.nationalenquirer.com/

"Women need a reason to have sex. Men just need a place." - Billy Crystal

"A man is only as faithful as his opportunity." (Chris Rock)

Scientists now have the ability to tell us what weather conditions were hundreds, thousands, even millions of years ago. Can the same be said of monogamy? How about witch-hunting conditions?- 2q(Jim)


FAIR USE NOTICE:
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of issues of environmental and humanitarian significance. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

Thursday, July 24, 2008

CALIFORNIA HAS A PROBLEM

“With a shrinking labor pool and a lower unemployment rate, employers are going to have to find ways to train people who are unemployed to fill the jobs that are available.” - Andy Katz

Hey, California, if you can't live within your means, you can't live without 'em. - 2q(Jim)

AND T'AINT POLITICAL, NEEDER
SACRAMENTO -- -- Gov. Arnold Schwarzenegger has prepared an order to cut the pay of about 200,000 state workers to the federal minimum wage of $6.55 an hour until a budget is signed.

Administration officials said Schwarzenegger was expected to sign the order... early next week as part of an effort to avert a cash crisis. The deadline for passing a budget was July 1, and without one soon, the officials said, California may be unable to borrow billions of dollars needed to keep the state solvent.

The Republican governor's controversial plan... would allow the state to defer paying about $1 billion a month, administration officials said. Workers would be repaid their lost earnings once a budget was in place.

As drafted, the order also calls for the state to immediately lay off 21,855 part-time workers, stop overtime payments for almost all employees and cease all hiring until a budget is enacted.

The executive order appears intended to show that Schwarzenegger is taking action... Democrats rely on the major public employee unions to help bankroll their political campaigns, and the public-safety unions that Republicans often look to for support could be affected by his order.

Democrats continue to rally around their plan to close a $15.2-billion deficit with new taxes on the wealthy and corporations, and Republican lawmakers say they will… vote against tax hikes.

Los Angeles Times, "Schwarzenegger seeks to slash state workers' pay till budget passes", Evan Halper, July 24, 2008
http://www.latimes.com/news/local/la-me-budget24-2008jul24,0,7487129.story

COFFEE BREAK? UNEMPLOYED?
Four men were bragging about how smart their dogs were.

One man was an engineer, the second man was an accountant, the third man was a chemist, and the fourth was a government worker.

To show off, the engineer called to his dog, "T-square, do your stuff."

T-square trotted over to a desk, took out some paper and a pen, and promptly drew a circle, a square, and a triangle.

Everyone agreed that that was pretty smart.

The accountant said that his dog could do better. He called to his dog and said, "Spreadsheet, do your stuff."

Spreadsheet went out into the kitchen and returned with a dozen cookies. He divided them into four equal piles of three cookies each. Everyone agreed that that was real good.

The chemist said that his dog could do better still. He called to his dog and said, "Measure, do your stuff."

Measure got up, walked over to the fridge, took out a quart of milk, got a ten-ounce glass from the cupboard, and poured exactly eight ounces without spilling a drop.

Everyone agreed that that was pretty impressive.

Then the three men turned to the government worker and said, "Okay, Now what can your dog do?"

The government worker called to his dog and said, "Coffee Break, do your stuff."

Coffee Break jumped to his feet, ate the cookies, drank the milk, claimed he had injured his back while doing so, filed a grievance report for unsafe working conditions, put in for workers' compensation, and went home for the rest of the day on sick leave.

They were all in agreement: Brilliant!!

Maybe Governor Schwarzenegger and the California Legislature can afford to fiddle while California burns, but Coffee Break cannot.

Coffee Break has a government job. He eats (cookies). He drinks (milk). He has health problems (an injury). Coffee Break also has taxes to pay, a mortgage payment and various insurance premiums to pay. Coffe Break contributes to the economy.

Unlike those who live on royalities, interest, dividends, or other time-based income, Coffee Break is paid for the effort he puts-in. If Coffee Break cannot work his hours, he can not pay his taxes, mortgage payments, and insurance premiums. If Coffee Break cannot pay his taxes, the State of California can not collect the money to pay its bills. If Coffee Break and the State of California can not pay their bills, the country could even have a housing crisis, or a banking crisis, or a..., or a...


Is Coffee Break a problem, or the result of a problem? - 2q(Jim)

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain." Robert Frost

"The difference between genius and stupidity is genius has its limits." - Albert Einstein

MISTAKEN IDENTITY NOT MISTAKEN
A lawyer walks into a restaurant with a duck under his arm.
The waiter says, "I'm sorry sir, we don't serve pigs."
The lawyer replies, "This is a duck, silly!"
To which the amused waiter calmly says, "I was talking to the duck."

Tuesday, July 22, 2008

INDOOR RETIRMENT ACTIVITIES

INDOOR RETIRMENT ACTIVITIES
"When women are depressed, they eat or go shopping. Men invade another country. It's a whole different way of thinking." - Elayne Boosler

After I retired, my wife insisted that I accompany her on her trips to Wal-Mart. Unfortunately, like most men, I found shopping boring and preferred to get in and get out. Equally unfortunately, my wife is like most women - - she loved to browse.

Yesterday my dear wife received the following letter from the local Wal-Mart:

Dear Mrs. MacDonald,

Over the past six months, your husband has been causing quite a commotion in our store. We cannot tolerate this behavior and have been forced to ban both of you. Our complaints against Mr. Samsel are listed below and are documented by our video surveillance cameras.

1. May 12:
Took 24 boxes of condoms and randomly put them in people's carts when they weren't looking.

2. May 26:
Set all the alarm clocks in Housewares to go off at 5-minute intervals.

3. June 1:
Made a trail of tomato juice on the floor leading to the women's restroom.


4. June 15:
Walked up to an employee and told her in an official voice, 'Code 3 in Housewares. Get on it right away.'

5. June 19:
Went to the Service Desk and tried to put a bag of M&M's on layaway.


6. June 30:
Moved a 'CAUTION - WET FLOOR' sign to a carpeted area.

7. July 14:
Set up a tent in the camping department and invited other shoppers in if they would bring pillows and blankets from the bedding department.

8. August 2:
Looked right into the security camera and used it as a mirror while he picked his nose.

9. August 18:
While handling guns in the hunting department, he asked the clerk where the antidepressants were.

10. September 9:
Darted around the store, suspiciously, while loudly humming the Mission Impossible theme-song.

11. September 16:
In the auto department, he practiced his 'Madonna look' by using different sizes of funnels.

12. October 1:
Hid in a clothing rack and when people browsed through, yelled 'PICK ME!

13. October 23:
Went into a fitting room, shut the door, waited awhile, and then yelled very loudly, 'Hey! There's no toilet paper in here!'

"Blessed are the young, for they shall inherit the National Debt. " - Herbert Hoover