Archive for the 'Law' Category

Annoyed! III

Published
by
Mark
4 months, 4 weeks ago
in Authoritarianism, Crime, Ethics, Media, NSW Government, Relationships, Religion and Sexuality
. 116 Comments

Irfan Yusuf has the money quote on all the World Youth Day imbroglios, writing in today’s New Matilda:

I guess it really boils down to values. Cardinal Pell once accused Muslims of having difficulty separating Church from State. Unless he openly distances himself from (and not just denies involvement in) increased police powers designed to protect pilgrims from annoyance, his own secular credentials might look compromised.

On Lateline last night, in the context of new revelations about the crimes of Father Terrence Goodall, and George Pell’s casuistry in dealing with clergy abuse victim Anthony Jones, and his avoidance of any admission of culpability and therefore responsibility for the consequences of his actions, host Tony Jones interviewed prominent Catholic journalist and author Robert Blair Kaiser.

And I think that model can be applied to modern times and we can be a much more responsible, accountable church in a local situation where the bishop is not appointed by the Pope but elected by the people.

In referring to the democratising forces unleashed by Vatican II, Kaiser was suggesting that the root cause - not just of clergy abuse but also of cover-ups and grossly inadequate responses to its “horror” - is a deeply authoritarian tradition and its accompanying mindset and culture. George Pell is one of the leading lights of the Catholic “restorationists” who want to put all the genies of Vatican II back in the bottle, and return to a “Father Knows Best” model which has given us Catholics a Church marred and contaminated by misogyny and authoritarianism. Pell’s attitude to political power (which has been on show with World Youth Day) and his treatment of those whom some priests and brothers have monstered is cut from the same cloth - a desire to protect the institution and its power above all else. Continue reading ‘Annoyed! III’

Art Monthly furore!

Published
by
Kim
5 months ago
in Advertising, Art, Authoritarianism, Culture, Ethics, Law, Media, Parenting, Photography and Politics
. 221 Comments

I was interested to read of the loud condemnations by Morris Iemma and Kevin Rudd of the cover of the latest issue of Art Monthly Australia. The cover features detail from a print of Polixeni Papapetrou’s Olympia as Lewis Carroll’s Beatrice Hatch before White Cliffs. In this artwork, the artist’s then six year old daughter, Olympia Nelson, is portrayed naked. My first thought was to wonder whether either Iemma or Rudd had actually seen the magazine in question, and that’s still unclear to me. My second thought was to wonder whether one of the media themes of the day - embodied in this piece by Nicholas Pickard in Crikey - had any merit. Pickard argued that the magazine’s editor, Maurice O’Riordan, was a “total fool” who was playing into “Hetty Johnson’s hands”. The two subtexts appear to be that the Bill Henson controversy had faded away, leaving artists to go about their business as normal (or something), and that O’Riordan was courting more controversy in order to increase sales of his mag, heedless of the dangers of raking up the cinders of the fire the Bill Henson controversy started.

But, unlike a lot of people who might have an opinion about this new controversy/furore/”debate”, I thought I might go and buy a copy of the magazine in order to form my own view. So I did.

Continue reading ‘Art Monthly furore!’

Blogs of death

Published
by
Kim
5 months ago
in Activism, Crime, Culture and Middle East
. 16 Comments

[Via Boing Boing] Iran is contemplating legislation which would make blogging a capital offence - if it “disturbs mental security in society”.

Waterboarding Hitchens

Published
by
tigtog
5 months ago
in Authoritarianism, Ethics, Language, Law, Politics, Security, Sociology and Terrorism
. 34 Comments

Christopher Hitchens actually had himself waterboarded by the US Military to see whether it felt like torture to him. It did.

via Pharyngula, who has links to video.

Annoyed!

Published
by
Mark
5 months ago
in Activism, Authoritarianism, Crime, Ethics, International, Law, Lesbian and Gay, NSW Government, Politics, Religion, Sexuality, Sydney and Urbanism
. 108 Comments

To be fair to Morris Iemma and his bunch of clowns masquerading as a government, New South Wales isn’t alone in imposing risible and over the top security regulations for major “public events”. We’ve seen similar things in finance talkfests with Melbourne and CHOGM in Queensland saw Peter Beattie invent preventive detention for “known public nuisances”, as well as going to ludicrous lengths to prevent protest. But Iemma’s mob seem to have made it an art form, perhaps because as I’ve speculated before, their sense of authoritarianism compensates for their total ineffectuality in governing just about anything else than public events. (Compare - “public services”.) But the latest bunch of regulations for the Pope Fest really take the cake. It’s more or less private governance. Where’s the public benefit in preventing pilgrims attending World Youth Day in Sydney this month from being annoyed? Will their world really come to an end if someone hands them a condom or wears a t-shirt with an anti-homophobia message? What possible public justification does the NSW government have for denying basic rights to freedom of expression at the instance of the fragile petals in Cardinal Pell’s hierarchy?

Continue reading ‘Annoyed!’

I’m an individual, you can’t disarm me…

Published
by
Mercurius
5 months, 1 week ago
in Language, Law and USA
. 55 Comments

As the uncle travelling Matt of LP, I bring you strange news from the Outer Space that is the USA.

For those who hadn’t heard, the US Supreme Court has issued its first opinion since the 1930s which directly addresses the Second Amendment and outlines the Court’s approach to the right to bear arms.

In a 5-4 decision, they have come down on the “individual rights” view of the Second Amendment, asserting that this construction…

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

…refers to an individual right to bear arms that existed prior to the framing of the Amendment, and which pre-existing right the framers intended to codify and co-opt into the service of a well-regulated militia for the defence of the State against attempted tyranny, foreign or domestic.

Continue reading ‘I’m an individual, you can’t disarm me…’

Now that Pamela Bone is dead…

Published
by
Kim
5 months, 1 week ago
in Activism, Apocalypse, Crime, Culture, Developing world, Donation challenge, Ethics, Feminism, History, Howardia, Imperialism, International, Iraq, Masculinity, Media, Politics, Polls, Race, Religion, Sexuality, Sociology, USA, War and Women
. 46 Comments

Yeah, you might have noticed already. I’m in a Truthiness mood tonight, as Stephen Colbert might say. Remember all the loud denunciations I copped from Harry Clarke, Tim Blair et al et al etc. - all the feminists of total convenience - for not denouncing the female genital mutilation loudly enough? Coz it’s all about teh Islam and threats to Western Civ, etc., and that mob are all on the side of women’s rights, and that manly man of steel John Howard is taking us to war to free Afghani women from burqas. And George W. Bush is going to hunt those Al-Qaeda evildoers down. (And Islam is not a race, and some of my best friends… oops, hang on?) While Laura and Condi look after the oppressed women. Or something… Oh yeah, it isn’t 2003 any more… Remember that word fistula - you might not have read that on teh Blair blog - being a word of three syllables and all. And in Latin.

But I talked about it at the time. Now that Pamela Bone is dead (and God rest her soul, may she be blessed with eternal rest, and may perpetual light shine upon her), where are the voices with the loud condemn? What’s with that Australian crusade for women’s rights in benighted Islamic Middle Eastern countries? After all, we - Dolly Downer and John Howard and Tim Blair and Andrew Bolt and Planet Janet told us so - are all (post?) feminists now. It’s on the citizenship test, dude - and dudette a la 50s pinup style no doubt. (Ps - don’t use that politically correct, activist judge f-word though…)

Well, never mind. Here’s a post from The Global Sociology Blog for the benefit of anyone who wanted to continue highlighting the horrors perpetrated on women in the developing world even if there’s not a convenient culture wars damn the left angle in it. (And that’s not to say that women in the developed world don’t still cop a lot - but there’s something to celebrate about a very large majority of Australians agreeing - at least in theory when asked by pollsters - that women have rights over their own choices and bodies - even if that masks continued gender inequality in oh, so many ways…).

You can donate to Medicins San Frontieres here.

And you might be interested in the fact that rape has finally been recognised by the UN as a war crime, something I wrote about last year, but something the keyboard warriors seem to… well, gloss over is far too kind. Because the fact that women are overwhelmingly the victims of war seems to be recognised neither by the pro-war Right nor the “humanitarian intervention” so-called Left. Continue reading ‘Now that Pamela Bone is dead…’

Read it and weep

Published
by
Kim
5 months, 1 week ago
in Adelaide, Crime, Culture, Media and Politics
. 52 Comments

Crikey editorialises:

Beyond the continuing drama of Belinda Neal’s Night of the Iguanas, one other story has hogged the talkback airwaves and tabloid pages this week:

The woman, 28, who moved from Geelong to Adelaide three months ago, was refused bail in the Elizabeth Magistrates Court. She was charged with five counts of criminal neglect, two of acting to endanger life and three of acting in a way likely to cause harm.

The alleged offences took place between February 1 and Monday, when police raided two houses in Adelaide and found up to 21 children living in filth and squalor.

You know the one we mean.

Yeah, it’s all about the kiddies. Mal Brough emotes. And Brendan Nelson’s veins are popping. Crikey tries to take the high moral ground and claim this story - which punches all the buttons (TM !!!!) about the neglect of the children - is more worthy of loud denunciation or on the other hand, more… tabloid crud, but what’s their point? Why are the kiddies neglected? Why isn’t there an intervention into ADELAIDE? Etc. We all know that’s where the weird murders are. Bleh blah. Lordy, let’s not have any actual structural analysis of why such situations might arise. It’s all the individual pathology, stupid. Raise your eyes - just for a second - don’t blink too hard - from the important issue of why Belinda Neal hasn’t yet been burnt as a witch.

There might be a view that we - in the independent blogosphere - might be able to do a little better than this (without the huge financial and human resources that the MSM can leverage) but - based on some hard facts - you - the ejumacated readership of teh independent blogs would rather read about and comment on the SERIOUS ISSUES OF THE DAY. As stipulated by the said MSM. Maybe I’m wrong? (I’m not actually, and I could cite stat after stat to show that)… but….

You tell us. Continue reading ‘Read it and weep’

AP: That’ll be $2.50 a word for copy-paste, thanks

Published
by
Guest Poster
5 months, 2 weeks ago
in Culture, Law and Media
. 22 Comments

This guest post is from Lauredhel, crossposted from Hoyden About Town

The blogosphere is starting to buzz. What’s the buzz? AP has kicked up about bloggers posting short, linked excerpts without paying.

Out-law.com says that the Associated Press issued Rogers Cadenhead (of the Drudge Retort) a series of takedown notices under the Digital Millennium Copyright Act (DMCA). The stories contained excerpts from 33 to 79 words long of AP stories, with links to the original articles.

The Drudge Retort defends these excerpts as fair use.

Wired reports that the AP has been a little rocked by the blogosphere’s defiant response:

“We need to take a step back. It doesn’t mean we’re going to try to define a legal standard for fair use. All we’re saying, we’re going to figure out how the bloggers can use our content in a way we feel gives them a lot of leeway but still protects us,” Jim Kennedy, an AP vice-president, told Threat Level in an interview.

Kennedy added: “Do we really want to take this fight into the blogosphere? I think the answer to that question is, ‘no we don’t.’ Bloggers are different. That distinction was not being made. To that extent, this has been a helpful episode.”[1]

Continue reading ‘AP: That’ll be $2.50 a word for copy-paste, thanks’

Howard lies episode #809798?

Published
by
Kim
5 months, 2 weeks ago
in Crime, Howardia, Immigration and Terrorism
. 22 Comments

DOCUMENTS have revealed the department of former prime minister John Howard became involved in the Mohamed Haneef affair less than 48 hours after the Indian doctor was arrested in connection with a British terrorist attack last July.

Lawyers for Dr Haneef said the early involvement of the Prime Minister’s Department raised the possibility that Mr Howard may have colluded with then immigration minister Kevin Andrews to politicise the issue.

“One can have a view whether it was to Howard’s political benefit to whip up a storm like he did with Tampa,” solicitor Rod Hodgson said in Brisbane yesterday.

Indeed one can.

Mr Howard has denied any involvement in the handling of the Haneef investigation.

This highlights the fact that the Clarke enquiry lacks the power to compel witnesses to appear, and in fact that some are being examined without being on oath, and that witnesses will not be cross-examined. Will John Howard be giving evidence? And if he does, will it turn out to have all been Kevin Andrews’ idea? That was never easy to believe, and it’s getting harder.

A Rose by any other name

Published
by
Kim
5 months, 3 weeks ago
in Ethics, Law and Queensland
. 42 Comments

So, it’s not just NSW Labor that has political scandals now. It’s Black Friday for the ALP in Queensland today.

In a curious piece of timing the tenth anniversary of the Queensland Labor government has been, to use the media cliche, overshadowed by the release of a letter from Nationals MP Rob Messenger to the Crime and Misconduct Commission. The letter, obtained by Crikey and viewable here [pdf], refers allegations made by a deceased staff member of Merri Rose, a former Minister who lost her Gold Coast seat of Currumbin in 2004 and was subsequently convicted of and imprisoned for blackmailing former Premier Peter Beattie. Bernard Keane writes:

The Queensland Opposition has referred to the Queensland Crime and Misconduct Commission serious allegations relating to attempts to conceal a relationship between then-Premier Peter Beattie and his Tourism and Racing Minister Merri Rose.

In May 2007, Rose was sentenced to eighteen months gaol for attempting to blackmail Beattie. She was released after three months. There was considerable speculation at the time about the nature of Rose’s blackmail threat.

Yesterday, Nationals frontbencher Rob Messenger wrote to the Crime and Misconduct Commission with allegations from a former Rose staff member that Rose forced staff “to shred official documents, sign off on invalid overseas and intrastate trips, schedule unofficial business and official business and process false parliamentary leave requests to conceal a relationship between former Premier Peter Beattie and Merri Rose.”

As Keane notes, the transcript of the conversation between the former staff member, Barbara Daddow, and Messenger, does not contain any allegations against Peter Beattie. Continue reading ‘A Rose by any other name’

Breaking news: Guantanamo Bay prisoners have civil rights

Published
by
Kim
5 months, 3 weeks ago
in Law, Politics, Terrorism, USA and War
. 105 Comments

[Via Crooks & Liars] The US Supreme Court has ruled in a 5-4 decision that detainees in Guantanamo Bay have the right of habeas corpus and can challenge their detention in civil courts.

The decision is here [pdf].

Gordon Brown triangulates like it’s 2001

Published
by
Robert Merkel
5 months, 3 weeks ago
in Europe, Howardia, Law, Security and Terrorism
. 16 Comments

One of the most striking things about the Rudd era is the virtual disappearance of terrorism as a political issue. Aside from a passing reference in his 2020 Summit introductory speech, I have barely heard the words mentioned. While this can be partly attributed to the passing of time, it’s not the only reason. Look at what’s happening in the UK, where Gordon Brown has just bribed and blackmailed a bill authorizing 42 days of detention without charge for terrorism suspects through the Commons, despite widespread rebellion from Labour backbenchers.

The details of this grubby bill, and the tortuous process of getting it through the Commons, can be read at length at the Guardian, for those interested. In short, even the police and intelligence services (who never see an additional power they don’t like) seem remarkably unenthusiastic about the idea; the head of MI5 has even publicly stated that they haven’t requested it. The odds of it actually becoming law are not particularly high, either; the Lords will likely block it, and a court challenge is highly likely (and stands a good chance of succeeding). Regardless of the idea’s merits, however, Gordon Brown thinks he’s going to get a desperately needed win with the wider British public.. The Guardian quotes a poll with 69% of the British public approving the new measures.

It’s a moderately interesting hypothetical whether similar “tough on terrorism” laws would be a political winner in Australia at the moment. I’m very, very glad that Australian Labor don’t seem interested in finding out.

Right to Information Act

Published
by
Mark
5 months, 3 weeks ago
in Government, Law, Media, Politics and Queensland
. 8 Comments

Dr David Solomon, a former journalist and barrister who’s long had a big interest in this area, has released a sweeping report to the Queensland Government on reforms to freedom of information and fostering a culture of open government. Significant recommendations include reducing the cabinet secrecy provisions from 30 to 10 years, and 3 years for cabinet briefs, the release of a version of the cabinet agenda, and bringing state owned enterprises under FOI provisions. Solomon was chair of EARC in the early 90s (the Electoral and Administrative Reform Commission established subsequent to the Fitzgerald reforms), and understands well the need not just to widen access to government documents and data but to bring about a cultural shift in how politicians and the public service go about their business. The full report can be read here.

I hope that federal Special Minister of State Senator John Faulkner reads it, as the Rudd government also needs to act in this area.

Australia’s War is over II

Published
by
Mark
5 months, 4 weeks ago
in Ethics, Foreign policy, Howardia, International, Iraq, Law, Media and Middle East
. 55 Comments

There’s been some comment here on a previous thread about why Australia’s withdrawal of combat troops from Iraq has stimulated so little debate - either in the media or in the blogosphere. My comment on why that might be so is here, and I’d add that the rather narrow concept of the political in Australian public discourse tends to mean that issues which are “politically neutralised” are quickly forgotten. That’s most unfortunate - because going to war on the basis of specious legal justifications and distortions and lies about intelligence is hardly a trivial matter. We owe it to ourselves as a nation to ensure this never occurs again, and the risk of it occurring again is surely heightened by a failure to remember.

I want to highlight in this post two exceptions to the rule of silence. First, in the blogosphere, Gandhi has written a comprehensive post analysing the week’s news and developments, highlighting the attempts of some in legal and activist circles to bring John Howard’s actions before the notice of the International Criminal Court, a move supported by Democrats leader Lyn Allison. Similar action in the United Kingdom was the subject of much publicity and debate, but there’s been little reporting of the substance of the brief prepared or its justification in this country. It’s important to remember that John Howard - I suspect on legal advice - ruled out “regime change”, human rights abuses or democratic goals as sufficient conditions for the Iraq War in a speech to the National Press Club on 14 March 2003. According to Howard at the time, only Saddam’s purported possession of weapons of mass destruction constituted an appropriate ground for the decision to go to war. All his later bloviating, by his own standards, was just political piffle.

It may well be that Howard had advice that the only legal justification for war was the resolutions of the UN Security Council regarding weapons inspections. That was certainly the advice given to the British government, as we know after a series of inquiries in the UK. I’m no lawyer, but it might well be that this figleaf provides sufficient legal cover for Howard to escape any culpability for his actions. It may also be that the subsequent UN recognition of the occupation of Iraq would provide some sort of retrospective immunity. Nevertheless, given the enormous importance of clarifying the legal basis or otherwise for wars of pre-emption, it seems to me eminently desirable that such an argument - an argument based on international law - be tested in an international tribunal.

That takes us to the issue of intelligence, because as we now know, Saddam Hussein had ended his WMD program in the 1990s. Continue reading ‘Australia’s War is over II’