Stupid is as Stupid Does

[jennem.livejournal.com]

Oklahoma recently passed a constitutional amendment that prohibits courts in that jurisdiction from relying on foreign law.

Specifically, the measure amended Article 7, Section 1 of the Oklahoma Constitution to say:

“The Courts . . . when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law.

Setting aside the constitutionality of such a measure, is it smart?

Consider the scope of the ban. Judges aren't just prohibited from considering international (or Sharia) law when considering the constitutionality of a law. They're prohibited from considering foreign (or Sharia) law, period.

Foreign law comes up all the time in the state and federal court system. Hell, state and federal courts often interpret and apply foreign law when conflicts of law and choice of law principles point towards the application of such laws.

Got a contract that stipulates that the laws of the United Kingdom apply? Sorry. Not in Oklahoma. The courts are now forbidden from interpreting or applying the laws of the United Kingdom to your contract. What about a contract that stipulates a foreign forum for all legal disputes? Sorry. The provision prohibiting state courts from addressing the legal precepts of other nations or cultures potentially precludes courts from enforcing such provisions. Enforceability of foreign judgments, enforceability of arbitration awards, the doctrine of forum non conveniens, principles of personal jurisdictional. The amendment impacts all of these in ways that could negatively affect Oklahomans and their ability to obtain legal relief within the borders of their own state.

The amendment created a host of legal problems to avoid the boogeyman. What the hell were you thinking, Oklahoma?

Waitaminnit:

[underlankers.livejournal.com]

According to the US President Indonesia is a model for the rest of the world to follow:

http://www.bbc.co.uk/news/world-asia-pacific-11723650

Money quote:

In his address, he touched on the four years he spent in the country as a child and emphasised the importance of Indonesia's example as a growing economy and a majority-Muslim nation that is largely tolerant of other religions.

"Today, I return to Indonesia as a friend, but also as a president who seeks a deep and enduring partnership between our two countries," he said.

"Because as vast and diverse countries; as neighbours on either side of the Pacific; and above all as democracies - the United States and Indonesia are bound together by shared interests and shared values."

He also highlighted the role religion had played in Indonesia's development, praising the country's spirituality and "rich diversity".

"Just as individuals are not defined solely by their faith, Indonesia is defined by more than its Muslim population," he said.

Something makes me question whether the likes of Sukarno or Suharto were really devout Muslims. I also wonder if there's something strange in referring to the country responsible for one of the more recent and notorious genocides outside of Africa as a democracy. It does not seem to me a society willing to massacre people the way Suharto did the East Timorese can be called democratic in any serious sense of the term.

It is nice to see a US President visiting Indonesia, however, given that this is the fourth-largest country in the world in terms of sheer population, and also the one water wars are most likely to start in. IMHO if the USA can get good relationships with Indonesia *before* the water wars start that would make the trip worth it. Referring to Indonesia as democratic IMHO, however, is akin to referring to the Congo as a democratic republic.

bush and torture

[mijopo.livejournal.com]

Apparently GWB's memoirs include an acknowledgement that he okayed torture and attempts to justify it by claiming that it saves lives, British lives in particular.  It also appears that the British are taking some exception to that claim.  Setting aside the intriguing question of whether he's acknowledging war crimes, this points to something that's always bothered me about the torture debate, i.e., the fact that so much of it seems to hinge on the question of whether or not it's effective.  Imagine someone proposing, oh, i don't know, something crazy like having poor people eat their children and trying to demonstrate that that would bring down poverty rates and/or dependence on government welfare programs.  Surely, we'd reject the argument as absurd, not because we're skeptical about whether or not it would actually bring down poverty rates or welfare dependence, but because the proposed solution is an affront to human decency and a violation of fundamental human rights.

x-posted to my LJ

FDA bring sexy back to smoking!

[verytwistedmind.livejournal.com]

The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) requires that cigarette packages and advertisements have larger and more visible graphic health warnings.

FDA issued a proposed rule, Required Warnings for Cigarette Packages and Advertisements, proposing to modify the required warnings that appear on cigarette packages and in cigarette advertisements.  These new required warnings would consist of nine new textual warning statements accompanied by color graphics depicting the negative health consequences of smoking. 

Timeline for Final Regulations and Public Comment
The Tobacco Control Act requires FDA to issue final regulations requiring these color graphics by June 22, 2011.  It also specifies that the requirement for the new health warnings on cigarette packages and advertisements will take effect 15 months after issuance of this final rule. 
 
FDA is seeking public comment on the proposed rule through January 9, 2011

http://www.nytimes.com/2010/11/11/health/policy/11tobacco.html?_r=2&hp

 

I am not a smoker but I like these! I plan to collect the whole set.  My personal favorite is the mother blowing smoke on the child. That’s just pure evil! Makes me miss the  Garbage Pail Kids.

Are you a smoker?
Do you think these new warning labels/packages prevent people from smoking?
Should we ad similar warning labels to other dangers substances such as soda pop and fast food?
Once they legalize pot what warning label should be put on it?
What will happen to the SCHIP program if people stop smoking?
What's your favorite warning?

A Seat At the Big Table

[dv8nation.livejournal.com]

So President Obama has come out in favor of giving India a seat on the UN Security Council. I for one really support this.

India certainly fits what one would expect from a Council member and as the world's largest democracy I think they provide a nice counter-balance to China. Also, we're talking about the only other nation that can claim 1/6th of the human race. Yes, Pakistan isn't too happy about the idea but nukes or not they don't have enough weight politically to shoot this down. So culturally, politically and economically adding India to the Council seems like a great decision to me.

Thoughts?

The Sexy Times of Silvio Berlusconi

[malasadas.livejournal.com]

Italian Prime Minister Silvio Berlusconi is used to controversy but the latest scandal may actually oust him from office. It involves an underaged Moroccan belly dancer named "Ruby" who Berlusconi allegedly "entertained" after freeing her from police custody, tales of bizarre sexual practices that Ruby, actually named Karimael Mahroug, says Mr. Berlusconi claims to have learned from Libyan leader Muammar Al-Qaddafi, and a parody tune to the tune of the Shakira song with the sexual term "bunga bunga" in the chorus instead Waka Waka:

Ruby now swears that she and Berlusconi did not have sex, although she does claim to have gotten money, jewelry and seen the Prime Minister host a "bunga bunga" party. In response to intense media scrutiny, Mr. Berlusconi has replied with "It's better to be passionate about a beautiful girl,then be a gay."

Now I've always been told that Europeans are simply more tolerant of the sexual exploits of their leaders -- but it might be that Mr. Berlusconi will not survive this one. There's Ruby's age. The weirdly titillating "bunga bunga" aspect. Not to mention the use of his office to chase another affair.

Is Italy about to change governments again?