Motley Blog tag:www.motleytools.com,2013:/blog//1 2013-05-06T21:28:30Z For the Greater Good of Every Individual The Blog of Douglas Tooley Movable Type 3.35 Bill Gates, On Education tag:www.motleytools.com,2013:/blog//1.1559 2013-05-06T18:31:22Z 2013-05-06T21:28:30Z TED, and PBS, have chosen Bill Gates as their lead speaker in the premiere of the video broadcast version of the iconic Technology, Education, and Design lecture series. Having Bill Gates talk about education is like having Ted Bundy talk... premiere of the video broadcast version of the iconic Technology, Education, and Design lecture series. Having Bill Gates talk about education is like having Ted Bundy talk about women's rights, the prognosticators only revealing the core of their evil. Education for Bill Gates is like his company, not meant to empower creative individuals but to build monoliths of bureaucratic automatons. ]]> http://www.motleytools.com/blog/1997/02/leveraging_the_law_through_the.html In general the Microsoft Corporation has engaged in employment practices that make second class citizens of many, many individuals - illegal corporate immigrants, if you will. This can be seen from the beginning in the 1990's class action 'perma-temp' lawsuits against both Microsoft and the local County Government. http://www.bs-s.com/cases/c-microsoft-vizcaino.html http://www.bs-s.com/cases/c-kingcounty-clark.html Most recently, Chief Counsel Brad Smith - emerging as the visible civic leader for the Corporation on a number of topics - has generated press in his support for the single employer H1-B visa program - while, curiously doing so very little to actually support the training of IT engineers at local educational institutions. The fact is the company was not built by smart people, it was build by Lawyers stealing smart people away from other companies - just like they now want to steal away America from its owners for the benefit of their Enterprise level corporate 'clients'. The details, and FAILINGS of this 'legal' management style can be seen in a number of ways - here's one I've written up based on the comments of one Jack Abramoff - himself known for a bit of untoward influence on higher education: http://www.motleytools.com/blog/2012/09/microsoft_and_the_law_firm_pre.html]]> A Tip of the Hat to Timothy DeChristopher tag:www.motleytools.com,2013:/blog//1.1558 2013-04-22T22:42:02Z 2013-04-22T22:49:30Z Congratulations to Utah Gas Lease activist Timothy DeChristopher on his release from Federal Prison, and on the documentary about the Story - including the jury precluded facts that the sale was in fact illegal AND that supporters of his actually... ]]> ON THE ROAD WEATHER REPORT: Moab, Utah tag:www.motleytools.com,2013:/blog//1.1557 2013-04-22T21:12:41Z 2013-04-22T22:33:15Z Breaking from a week plus of frequent rain, a glorious sunset over the slick-rock, transitioning to a waxing crescent moon peeking silver through sublime cumulus over glimmering pale Navajo sandstone. Local conditions at the Behind the Rocks area just south... ]]> tag:www.motleytools.com,2013:/blog//1.1556 2013-04-22T21:08:47Z 2013-04-22T21:10:53Z ]]> More Crazy Mothers tag:www.motleytools.com,2013:/blog//1.1555 2013-04-10T20:11:07Z 2013-04-10T20:15:08Z Disclaimer: I have no affiliation with these guys, save a respect for their chops, and 'safety' routines.... ]]> Aztec ArchesThe Eight Trails of Octopus Arch, Trail #1 tag:www.motleytools.com,2013:/blog//1.1554 2013-03-27T21:18:27Z 2013-03-27T21:59:51Z This is a work in progress in the Aztec Arches area of northern New Mexico, just south of Durango, Colorado. My Indian Caves trail is the first of these. Both of these trails are of more regional interest as... IMG_0979.JPG This is a work in progress in the Aztec Arches area of northern New Mexico, just south of Durango, Colorado. My Indian Caves trail is the first of these. Both of these trails are of more regional interest as opposed to the internationally known spans of Natural Bridges or Arches national monuments. These trails do make an important point about BLM land use which appears ignorant of the variety of quality on their public properties - all too often the property is managed exclusively for resource extraction or over-protective wilderness, when much of their property would be managed with a mix of these goals, like the National Wild, Scenic, and Recreational river program. IMG_1880.JPG Follow the jump for a description and a few more pictures. ]]> IMG_1891.JPG There is also a small, but interesting, arch - on the upstream section. IMG_1881.JPG The trail up the other side of the wash is short, and pretty easy, just so long as it is dry! The crossing on the road is marked by this Cairn, if still present, which connects to points farther South - perhaps Trail Number 8! IMG_1876.JPG If you aren't familiar with the location, research it first on the internet, near Cedar Hill on Highway 550.]]> THE MEXICAN DRUG WAR A US 'Counter-Insurgency' against the American People? A Crazy Allegation, Which Just Might be Right tag:www.motleytools.com,2013:/blog//1.1553 2013-03-26T20:33:20Z 2013-03-27T18:37:21Z Like war in the Middle East, southern border violence has permeated the otherwise satiated and obese American mind. We have been presented a consistent set of perspectives, but is it really the truth? Among the educated and still thinking... russian%20doll.jpg Like war in the Middle East, southern border violence has permeated the otherwise satiated and obese American mind. We have been presented a consistent set of perspectives, but is it really the truth? Among the educated and still thinking citizenry criticism of American actions in the Middle East is well known, such as the moral hypocrisy of the state of Israel. Once the victims of a genocidal holocaust Israel has become the perpetrators of an identical atrocity against the Palestinian people. In a recently released video the BBC's Arabic Desk, in conjunction with the Guardian website, details the counter-insurgency tactics of the US in Iraq. BBC and the Guardian allege a divide and conquer effort utilizing Shia militias to battle Sunni resistors, utilizing specialized strategies and personnel developed in El Salvador and Vietnam, including the infamous 'Death Squads' My question for you: Is the American Military, and whomever actually controls it, is engaging in an ongoing relationship with the Drug Cartels of Mexico creating a holocaust zone of genocidal death on both sides of the US border?]]> I have heard rumors that these organizations are operating as far north as the large indigenous Navajo Reservation, rumors I find credible, if not confirmed. My current location is just north of this area. My direct experience was at a soup kitchen located in Durango, Colorado, serving economic victims, and other 'usual suspects'. For now I will not go into any more details. What other evidence is there that supports my personal speculations? Is the US Government, under the Department of Justice, collaborating with the Mexican drug cartels in what amounts to, in the final analysis, a counter-insurgency effort against both the Mexican citizenry, and, their own, marijuana smoking and otherwise, population? The dominant American military, answerable to no one in the United States besides Eric Holder, Barack Obama, and the US Congress with its majority constituency of legal professionals, clearly has the ability to engage in such a strategy. most specifically the Salvadoran 'Death Squads' and related drug trafficking activity. (Curiously, these allegations were from the 1980's, the start of the era of the arbitrage specialist on Wall Street and the famous New York City night club, Studio 51, known for its cocaine usage.) The best evidence we have for this is the recent 'Fast and Furious' scandal regarding, allegedly, a failed law enforcement effort to track confiscated guns into the Cartel system. But consider this alternative explanation and apply the muslim/arab analytical technique of 'Occam's Razor' to the possibility that it was actually corrupt agents within the Justice system that were stealing guns on an ongoing, systematic, basis? Recall also that it was Eric Holder who this matter is attributed to. Now, it is possible that Mr. Holder is an evil mastermind, but, more likely, he was brought into the scandal back fire of the 'Fast and Furious' story and it was his successful management of same that earned him the top job. But consider also that Eric Holder, rank as he may, is still beholden to the Wall Street Oligarchy and that quiet, uber government of nesting russian dolls is itself not above a campaign of fear, misinformation, and death. They call this terrorism, do they not, and terrorism that involves a border technically qualifies as treason, punishable by death, does it not? Likely, no proof of this beyond what exists today can be found - but how allegations are handled is, in itself, evidence. The Constitution guarantees us the right to seek redress against our government - violating the civil rights of an individual who makes such allegations as these is a Constitutional crime. This crime would, does, stand in evidence in spite of legal case law regarding Judicial Immunity and Federal 'Sovereign' Immunity - legal standards themselves stand as evidence of conspiracy and sedition applicable to every adherent of these practices. Isn't that right Eric Holder? Isn't that right Barack Obama? P.S. #1 Here is a counter argument to mine - I didn't read it in detail, beyond the introduction, my interpretation being that it, like 'Fast and Furious', is nothing but an intellectual 'counter-insurgency' endeavor. P.S. #2 What exactly is going in Syria these days with our former Afghan Counter-insurgent, 'friends' Al Qaeda, now fomenting rebellion against the secular, religiously tolerant, government of the dictator Assad?]]> Spring, When a Young Man, or Woman, Starts Thinking of Whitewater tag:www.motleytools.com,2013:/blog//1.1551 2013-03-18T23:32:32Z 2013-03-18T23:50:35Z This is the San Juan River, at Mexican Hat, frozen, January 2013 - a reminder of the potential dangers of spring and early summer whitewater. For what it is worth, the San Juan is normally a great bet for... IMG_1254.JPG This is the San Juan River, at Mexican Hat, frozen, January 2013 - a reminder of the potential dangers of spring and early summer whitewater. For what it is worth, the San Juan is normally a great bet for for early and late season paddling.]]> Press Release Concerning my 10th Circuit Court of Appeals Case tag:www.motleytools.com,2013:/blog//1.1550 2013-03-13T18:49:22Z 2013-03-27T22:34:26Z As some of you may recall I currently have a self-represented appeal of a camping ticket I received in SW Colorado, during June of 2010. That case is now before the 10th Circuit Court of Appeals. I've recently put out... 10th Circuit Decision on Camping Ticket ]]> Long Time Activist/Foreclosure Victim awaits 10th Circuit Decision on Public Access Issues Former Washington Resident Challenges Colorado Camping Ticket Citing DOJ Constitutional Inequality with Regards to Foreclosure Causing Financial Regulatory FAILURE .
Cortez, CO, March 7, 2013: A decision to protest, in Federal Court, a June 2010 Camping Ticket in the San Juan National Forest has proved to be an epic lesson for an aging outdoorsman and activist in the failure of the United States Department of Justice to practice the most basic principles of the Constitution, Law, and Professional Conduct. “I started out just trying to make a point that it didn’t make sense to be ticketing victims of the foreclosure crisis when the perpetrators were unprosecuted, or bailed out, but it has turned into a byzantine nightmare of one government failure after another repeatedly fraudulently justified as the failings of a pro se, self represented individual citizen.” said Douglas Tooley. Tooley continues, “I thought the most basic aspect of our system of law was our ability to petition our government for violation of basic, universal rights, but I’ve discovered that Federal Legal Practice is in fact vengeful self-serving pool of bureaucratic and corporate back scratchers.” “Though the ticketing officer himself, part-time Forest Protection Officer of the Year Biologist Chris Schultz was polite and professional, I’ve been threatened by other Forest Officers repeatedly, including in open court. I’ve had a warrant issued for my arrest based on mishandled appeal paperwork, and was subsequently arrested on that same warrant in spite of numerous attempts to resolve the matter AND PAYMENT OF THE JUSTIFYING FINE.” said Tooley. “My property was impounded illegally and, to date, a 14’ rowboat on a trailer is still in possession of a local towing company, Basin Towing, with no legal justification whatsoever.” Tooley, with no legal training other than the handling of his own recent bankruptcy, notes that “I’ve been reading some of the history and legal philosophy from the 17th and 18th centuries, and the big question of the day was how to respond to authority which held itself above responsibility, that question, unfortunately is once again very relevant today and it is crucial that we have this public discussion about these issues.” Noting the importance of this topic Tooley observes: “I was camping in Moab the weekend before Ranger Brody Young was shot, during my visit I was subject to minor harassment by Federal Officials and witnessed another apparent case of same. Though there is no evidence that these heightened enforcement efforts were another instance of retaliation directed against myself these practices are clearly misguided and dangerous to the officers themselves, when, by chance, they focus upon an unstable individual.” Tooley concludes noting that “Recent public land access cases in the Desert and Mountain West, from Arizona to Colorado have been spread across the partisan spectrum, it’s time to drop the partisan justification and demand responsible use, and management, of all public assets by all parties and to stop the divide and conquer techniques of the current, post Bush era, Department of Justice.”
10th Circuit Court of Appeals Case No. 12-1335 on Appeal from US District Court – Colorado, Criminal Action No. 12-CR-00018-JLK/Magisterial Petty Offense No. 10-PO-00152-DLW. ]]> Taking Charge of the Law Change the System by Representing Yourself in Courtby Douglas Tooley tag:www.motleytools.com,2013:/blog//1.1549 2013-03-11T22:18:09Z 2013-03-11T22:39:31Z The freedom of homelessness can be terrifying, but that freedom gives one the ability to advocate the truth without fear of further loss. Those that control society have built a psychological construct of manipulation upon the fear of loss of... Creative Commons License
Occupy the Law by Douglas Tooley is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
Based on a work at http://www.motleytools.com/blog/2013/03/taking_charge_of_the_law_chang.html.]]> A VERY BRIEF BACKGROUND Since Cain and Abel in western religion it has been the shepherd who is the prophet, the individual innovator stepping outside the familial tribe who has moved us forward. The mantle of the shepherd today falls upon the homeless. Fear of the wild, in proportion, is a healthy thing – a prudent cost for the sheer exhilaration of standing, and sleeping, in the wide open universe with nothing but yourself to rely upon. There is a quiet dignity to this to this life, being quiet one can, if one chooses, escape the arms of the law such as it is today. But this article is about what the law may yet be for us individually and jointly – the making real of the promises we have historically put in writing, but not real world practice - if some of us choose to stand up and stop being quiet, for a moment or two of our choosing. They say you should choose your battles wisely – and doing so in the law allows you to frame the challenge for your, and everyone’s, benefit. Though I make reference here to precedents written in the stone of historical truth, by definition ‘common law’ , my ramblings here are anything but definitive, merely notes from a few exploratory trips I have made through openings in the bushes, my words nothing but informal piles of stones, cairns, for you to follow if you wish, or to be knocked down, rightly or wrongly. I hope you consider following at least some of these paths, realigning them as necessary to mark your own journey. The State of California has pioneered self-representation in civil law, largely through the work of Nolo, latin for “I don’t choose too” , was founded in 1971 with the publication of books on divorce and tenant law. Nolo has continued to grow with an ever expanding list of titles and services, many of which are available on the internet. This loosely formed group – and its fans - are to the law as hacker culture is to information technology, ‘open source’ purveyors of the ‘programs’ by which our society is run. They are increasingly making it possible for an individual without money to pursue grievances – returning the law to its roots in the golden rule, not the perversion where those that have the gold make the rules. Nolo’s current topics run the gamut from small employer law to artistic intellectual property protection to expansions of its first social service oriented works. Most 'self-representers' appearing in Court these days are likely pursuing family law matters or bankruptcy and have learned their general lessons about civil procedure through the handling of these unfortunate life events – both life events homeless folks have very likely experienced, if not been through court with. The author used their book ‘How to file for Chapter 7 Bankruptcy’ successfully, including delaying, for a short time, his home’s foreclosure. The author has not had to take family issues to Court, but Nolo does offer three books on divorce law – pretty much essential reading if you have children and there are hostile feelings. PUTTING THAT POWER TO WORK TO FOR YOU Experience with the above procedures will give one a general sense of common law procedures from start to finish – a rudimentary knowledge of which is essential before embarking on a case where the issues are not so well formalized. Small claims and government assisted discrimination cases are also ways to obtain this knowledge, but both procedures have limits which one should not let restrain you in other matters. There is a saying that the person who represents themselves has a fool for a client. This is still true in felony criminal court, or even in some misdemeanor actions – including those in Federal Court – at this time the author’s most challenging case. However in the distinct field of civil practice the situation is different. These matters can be quite complex and no-one knows your own situation better than you. As such the validity of this warning about self representation is waning at this time, irrespective of what may still be foolish behavior on the part of the author. Even if you do choose legal representation for some portion of your battle understanding procedures will only strengthen your position – including in criminal proceedings with public defender representation. (Criminal procedures can always be challenged in civil court, even with a guilty plea, with an ‘abuse of process’ case – a topic not addressed here.) UNDERSTAND THE BIG PICTURE The first important thing in taking on a more complex action is choosing your battles wisely – usually the strategies open to you, not to mention choices of defendants to sue, is manifold – and the choices here are all yours. Having at least an inkling of how each choice will play out over the course of pretrial, and, if necessary, trial, procedures makes it crucial to understand the basics of the entire process from start to finish. Generally speaking the plaintiff, the civil law equivalent of a criminal prosecutor, has some advantage in case proceedings – so long as your argument and evidence makes sense and the proper procedures are followed. As a self-represented individual, or pro se, much of this advantage is lost, at least a first – but persevere through the B.S. while watching out for the traps and you will have a solid case. Still going before a jury is wise, as is expecting the need to appeal. In every case you should expect some form of blow-back – perhaps meaningless, perhaps not; perhaps in the context of the case, and perhaps in completely unrelated aspects of your life – the more powerful the authority the more likely this will be a factor. Control of the economy, and social status, is a foundation of the power of the legal institution – not to mention control over the careers of legal practitioners themselves. As a Pro Se you are somewhat immune, as a homeless individual your immunity is as solid to this extortionary abuse as possible. Yeah, you are still more likely to lose than win and the closer your case strikes at the heart of this abusive, evil contradiction and perversion of our system of constitutional and common law the more assured one will be of a loss. But even a loss creates a documented record – a record others can, and will, refer to in their own purposes, with their own spin, likely those at least a little bit friendly to your concerns. Like a bad cop with dozens of complaints filed against him, or her, the scales of justice will tip, even with a finger or two on the opposing side. If you’ve made some acquaintances along the way it will also make it possible for them to help out in some small way here and there. And, as I like to joke, that documented record will still exist after the revolution and the worst abuses of due process may well be legal cause, under global, historical, common law to bring out the guillotine and chop the bastard’s heads off. FORMULATING A COMPLAINT Nearly every criminal action requires a judicial finding of evil, of malicious intent. This is not the case with most civil lawsuits, save for restraining orders which find evil without sufficient due process, and often on status alone. Curiously, English Law allows for private, criminal, prosecution – at the victim’s expense. The O.J. Simpson ‘wrongful death’ civil lawsuit is the most famous civil case in recent history. This case used a criminal statute as the basis for a civil complaint. This is a good strategy. The standard of proof is less in a civil action, yet the severe nature of the charges are easy to understand, and address. Yes, there are no criminal penalties of jail time, but relief that includes triple damages, injunctions such as restraining orders, and the shame of being found guilty of a malicious act can be very sweet. Personally, I like to include civil complaints of ‘attempted murder’ as part of a larger set of charges. If you’ve been the defendant in a civil action before it has most likely been a formulaic and knee jerk response – sometimes this is appropriate, say for a vehicle repossession after several months of missed payments, sometimes not. In cases involving contract disputes between more financially equal, and legally represented, the legal strategy is most often geared to settlement before, or during the trial. Accusing someone of being the focus of evil in the modern world is not necessarily the best choice if a quick cash settlement is your goal. Pondering these simple facts reveals much of the bias in today’s practice of law. The poor defendant is presumed to be unworthy, at best a deadbeat, most likely as malicious, while the rich plaintiff is presumed to be holy and upstanding. In the not too distant past this had merit, if, and only if, you were a white male coming either from family or with a clearly discernible talent. However in today’s economy dominated by large corporations this is no longer the case, the advances of integration not withstanding – advances that have really only broadly benefited middle and upper class white women even if they are better middle managers than the typical male. In encouraging you to file a complaint to address your personal grievances I am attempting to advance a practice of law that is much closer to the Constitution than our current, corporatist and corrupt, system. When you construct a complaint one wants to avoid dramatic legal strategies like you may have seen on TV or in the movies – a simple, straightforward, and principled complaint will carry all the weight you need, or want, with a jury or an honest judge. A complaint that does not include allegations of evil (especially an evil judge!) will be easier to handle, and is appropriate in at least two situations – an associate who has, under pressure, sold you out to some degree and with whom you still have some rapport, and with a larger corporate body that has tolerated evil behavior on the part of a few specific, separately addressed, individuals. Such complaints will, at least, force the passive aggressive and their ilk to clearly choose, and reveal, their true natures. To sum up, a complaint can include separate charges, the wording of each and their relation to each other will determine the dynamics of your case. CHOOSING WHOM TO SUE Cases can include more than one party and choosing who, and who not, to sue is important. In some regards it is best to be as inclusive as possible even if your target is only one particularly nasty bad apple. For one thing, discovery, the process of collecting evidence through subpoenas, etc is easier. This aspect provides a good way to decide whether to include someone or not in a lawsuit. If an involved party is willing to provide evidence to you in good faith before you file your case that is reason to exclude them. If, perchance, they later turn hostile it is always possible to modify your original complaint. Otherwise it is better to be inclusive. Even if a non-core defendant is able to get themselves excused they will have, hopefully, at least read, and reflected upon, your charges and will take measures to insure they are not involved in such behavior in the future. One particular legal ‘windmill’ this author has been strategically tilting at for some time, so far without success, is to settle with the corporate party for two things, a modest estimate of true damages AND payment of legal fees to pursue the truly evil individuals in their employ for punitive and injunctive relief. Likely, my failure to settle cases with this strategy is evidence of widespread, metastatic, corruption in our corporations and governments which actually encourage implicitly this sort of behavior. PLAYING THE GAME: PLAYING FAIR, PLAYING TO WIN Knowing explicitly how each of these details will play out through the course of pre-trial and trial proceedings like an opening move plays out in a chess game is not possible. However if you have your objectives clearly in mind, realistic or not, you can at least venture a guess at what may, worst case, happen next. As such you can at least estimate the consequences of what actually does happen, not to mention having the beginnings of a framework to hang your well earned experience. It isn’t necessary, or possible, to understand everything – including even every pre-discovery, pre-trial detail of your case – though the more so the better. It is crucial that you have a ‘cause of action’ – sufficient evidence to initiate legal action. Pre-trial procedures, especially discovery will likely provide additional details that will either strengthen, or weaken, your case. Taking your time to think things through before acting is important. The statute of limitations is always at least a year, a clock that starts ticking not at the date of harm – but upon the date of your learning of the cause of that harm. In some cases, like childhood sexual abuse, time limitations can be waived, but always with some sort of relevant, reasonable, argument. Even if circumstances or abuse lead to the dismissal of your case once filed the statute of limitations does not apply – you can, for the remainder of your life file a motion to re-open a case – so long as there is a reasonable reason to do – including the retirement of an abusive Judge! Once you get started published Court rules, “Rules of Civil Procedure” should make it clear the steps you need to follow. This will almost certainly include a motion to proceed “In Forma Pauperis” which will waive filing fees. If there are additional court costs these also can be waived by motion. You can be certain that opposing counsel – and sometimes the Judge, will try to stop or delay your case – rightly or wrongly. This is well tread ground and there are always responses to same. CONCLUSION Our Constitutional and Common Law procedure gives everyone equal rights before a jury and, theoretically, a Judge. This is not the case. Just understanding exactly how this inequality is accomplished is done across society and business is a worthy endeavor. This understanding gives you the power to respond to it, rather than to allow oneself to be provoked into seemingly irrational reactions. The fact that system itself has been abused so deeply is clearly malicious. This is not some evil brought upon us from some unidentified god, or devil – it is brought about by the choices of individuals across the span of their careers. Knowing these details makes responding to every day challenges easier and wiser and hopefully you will need to go to court only rarely – and when you do to great positive effect. Creative Commons License
Occupy the Law by Douglas Tooley is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
Based on a work at http://www.motleytools.com/blog/2013/03/taking_charge_of_the_law_chang.html.]]> MOTHERF#@%&R MOUNTAIN tag:www.motleytools.com,2013:/blog//1.1548 2013-03-11T20:58:31Z 2013-03-11T22:17:24Z Okay, in the winter this really is not a super tough climb - but given I'm knocking on 50 years of age, and well past 350 pounds in weight I ask you to pander to my delusions of toughness. Regardless,... ]]> RIP Aubrey Davis, the very best of the Pacific Northwest tag:www.motleytools.com,2013:/blog//1.1547 2013-03-08T18:49:10Z 2013-03-08T18:54:05Z I consider myself lucky to have been able to meet, and listen to, Aubrey Davis - via transportation civic activity late in his life. Mr. Davis biggest accomplishment was with Group Health, a pioneering approach to medical care where he... link to the Seattle Times article.]]> Microsoft: The Tower of Babel, v. 2.0? tag:www.motleytools.com,2013:/blog//1.1543 2013-03-05T23:22:57Z 2013-03-05T23:28:11Z Consider this parable: "If real estate developers built like programmers write code the first woodpecker to come along would destroy civilization."... "If real estate developers built like programmers write code the first woodpecker to come along would destroy civilization."]]> Law and Philosophy, #5 tag:www.motleytools.com,2013:/blog//1.1542 2013-02-02T23:10:55Z 2013-02-02T23:29:14Z Formerly the wealth of individuals constituted the public treasure; but now this is become the patrimony of private persons. The members of the commonwealth riot on the public spoils, and its strength is only the power of a few, and... Formerly the wealth of individuals constituted the public treasure; but now this is become the patrimony of private persons. The members of the commonwealth riot on the public spoils, and its strength is only the power of a few, and the licentiousness of the many. Athens was possessed of the same number of forces, when she triumphed so gloriously, and whe with so much infamy she was enslaved. . . . The severity of punishments is fitter for despotic governments, whose principle is terror, than for a monarchy or a republic, whose spring is honor and virtue. In moderate governments, the love of one's country, shame, and the fear of blame, are restraining motives.... ...Let us follow nature, who has given shame to man for his scourge; and let the heaviest part of the punishment be the infamy attending it. But if there are some countries where shame is not a consequence of punishment, this must be owing to tyranny, which has inflicted the same penalties on villains and honest men. -Baron de Montesquieu (1689-1755) in 'The Spirit of Laws', 1748]]> Public Notice to Washington Governor-Elect Jay Inslee and his Transition Committee tag:www.motleytools.com,2013:/blog//1.1541 2013-01-10T22:14:11Z 2013-01-10T22:28:23Z Civil rights of individuals are essential, no one will deny this; personally, I argue that they are very similar to one's sexual integrity - the violation of either civil or sexual rights, rape, are very comparable malicious acts. Defending civil... Civil rights of individuals are essential, no one will deny this; personally, I argue that they are very similar to one's sexual integrity - the violation of either civil or sexual rights, rape, are very comparable malicious acts. Defending civil rights is a noble activity, but just like with sexual violence the victims of civil rights violations run a very high risk of becoming offenders themselves later in life. This is what has happened in Washington State - to, I believe, the entire corporate body of the State itself, not to mention an increasing number of it's private members - corporate and individual. Partisan politics, the legal profession, and leading members of the corporate leadership community, public and private, are responsible for this, in the final analysis. First among these are the former Attorney Generals Republican Rob McKenna and Democrat Christine Gregoire (a law school cohort of Ted Bundy) - not to mention the lawyer controlled Jack Abramoff conspiring Corporation, Microsoft and it's chief Counsel, Brad Smith - curiously selected by Washington D.C. refugee Jay Inslee to head his transition effort. This may seem shocking, but the details are all in the public record, should one step back from the partisan smoke and take an honest look at the situation. Washington State Governor-Elect Jay Inslee has the opportunity to stop this, but indicators are that he will most definitely not - continuing the spew of partisan hate upon the citizenry of that State, in direct violation of the entire spirit and letter of our system of law as grounded in the State and Federal Constitutions. To make myself clear, I am charging that the legal profession has taken over America through it's creation the, corporation in direct sedition against the people, the final authority in all matters, punishable, under Federal Law, by Death, and rightly so.