tagged w/ Justice
-
Washington State House Passes Same-Sex Marriage Bill By 55-43 Vote
February 8, 2012
By Stephen D. Foster Jr.
Just a day after the Ninth Circuit Court struck down Proposition 8 in California, the Washington state House of Representatives passed a bill to legalize same-sex marriage by a vote of 55-43. The bill, which now heads to Governor Chris Gregoire to be signed, will legalize same-sex marriage but also protects churches, religious groups, and affiliated institutions from being charged with discrimination against same-sex couples.
Nevertheless, this is a huge step for LGBT equality in America. Once signed into law, Washington will become the seventh state to legalize same-sex marriage, joining Massachusetts, Iowa, New Hampshire, Connecticut, New York, Vermont, and Washington DC. California could soon join this group if the Supreme Court upholds the Ninth Circuit’s verdict on Prop 8, and New Jersey could also legalize same-sex marriage soon.
Anti-gay groups and their Republican allies are already vowing to overturn the legislation via two referendum measures, one for repeal, and one that would define marriage as exclusively between one man and one woman (Similar to California’s Prop 8). For now, the LGBT community can celebrate yet another step for freedom and equality before stepping up to defend it against Right Wing attacks. 2012 is shaping up to be a banner year for LGBT rights
http://www.addictinginfo.org/2012/02/08/washington-state-house-passes-same-sex-marriage-bill-by-55-43-vote/Washington State House Passes Same-Sex Marriage Bill By 55-43 Vote
February 8, 2012... more
-
-
In 2010, 37 active Marines in the US Military committed suicide. Had Pvt. Lazzaric T. Caldwell been successful in his attempt, he would’ve been number 38.
Since discharged, Pvt. Caldwell has battled post-traumatic stress disorder and other mental illnesses. In his latest battle, however, he’s fighting the Armed Forces.
Pvt. Lazzaric T. Caldwell was stationed in Okinawa, Japan when he attempted suicide in 2010. Caldwell has survived thankfully and is still around, but so are his troubles. He is taking the Marines to court after the US Military sentenced him to 180 days in jail for his attempted suicide.
Caldwell argues that the military should be trying to help servicemen who have been driven to suicide due to active duty, not punish them. Taking into account the US Armed Forces as a whole, Marine suicides are only but a fraction. In 2009, the figure of active-duty suicide extended to 309, and the number of attempts — more than 1,000 — exceeded the number of battlefield casualties that year.
Although the Military insists that they are trying to bring that number down, Caldwell says sending their own men and women to jail for their actions isn’t the right way to do it.
"I thought it was unfair and I thought it was just kind of morally wrong to punish somebody for something of that nature," Caldwell tells The Associated Press. "Seeing the kind of state I was in, there should have been a way of getting help instead of just a punishment.”
Navy Lt. Mike Hanzel is representing Caldwell as the discharged Marine attempts to fight that sentence and agrees that this is something that should be highlighted. As more servicemen attempt suicide, the Military should be digging for solutions, not dishing out sentences.
"I think it definitely touches important issues which are affecting all the branches of the armed forces right now," Hanzel adds to the AP via email.
"(I)f you succeed in committing suicide your service is treated honorably and your family receives full benefits," Hanzel says. "(I)f you are unsuccessful in a genuine suicide attempt, you can receive a federal conviction and get a bad-conduct discharge and jail time, which is what happened to Pvt Caldwell."
Caldwell was not sentenced for his suicide attempt, per se. Instead, rather, he was brought to military tribunal with the charge of "intentional self-injury without intent to avoid service.” The government says this charge is in place to maintain discipline within the armed forces.
Retired Army Judge Advocate Victor M. Hansen tells the AP that cases such as Caldwell rarely make it to court. "It happens but it doesn't happen a lot," he says.
Despite the government’s insistence that the rule is good for the armed forces, the Marine Corps experienced a record number of suicide attempts in 2011. In the last year, a total of 175 active servicemen attempting to take their lives.
http://rt.com/usa/news/suicide-attempt-caldwell-military-461/In 2010, 37 active Marines in the US Military committed suicide. Had Pvt. Lazzaric T.... more
-
-
Last week, the London Olympics were wrapped in fresh embarassment and controversy as Mayor Boris Johnson’s ‘ethics Tzar’ resigned live on BBC Newsnight over fears that her ethics and sustainability concerns with regards to sponsors simply weren’t being listened to. In an interview with Jeremy Paxman she announced that her position at the Commission for a Sustainable London 2012 (CSL) was no longer tenable in light of the LOCOG’s continued relationship with and defence of the Dow Chemical Company.
The moment: Meredith Alexander appears live on the BBC's Newsnight with Jeremy Paxman to announce her resignation from the Commission for a Sustainable London 2012
“By coming on air tonight, I’m taking the decision to resign my position and stand up for my principles… I feel that I was part of a body that has been used to legitimize Dow’s involvement in the games.” Dow took over Union Carbide Corporation in 2001, but neither company have addressed the ongoing issue of water and soil contamination in Bhopal that continues to kill thousands and afflict even more with chronic illnesses.
Coverage of the ongoing Bhopal tragedy, and the controversy over Dow and London 2012, went through the roof and Meredith acquired overnight celebrity status in India. Her resignation live on British television resulted in an outpouring of hope, gratitude and optimism from those still living in Union Carbide and Dow’s toxic shadow.
This week, the Bhopal Medical Appeal caught up with Ms. Alexander for a chat…
BMA: What were the main reasons for your resignation from the Commission for a Sustainable London 2012 (CSL) ?
MA: All the evidence I have read has convinced me that Dow Chemicals is responsible for the deaths of more than 20,000 people in the aftermath of the Bhopal gas leak. The assets and liabilities of the company involved at the time – Union Carbide – are in Dow’s hands. Londoners, and other people, who are rightly excited about the London games, should not have this toxic legacy on their conscience.
BMA: At what point did your position became “untenable” and why?
MA: The tipping point for me, was the correspondence between Amnesty International and Lord Coe [Chair of LOCOG]. The latest response from Amnesty, just last week, pointed out how LOCOG have become apologists for Dow, falsely legitimising Dow’s stance that it bears no responsibility to the victims of the disaster and their families. I feel that the Olympic bodies are supporting Dow’s line and have failed to take the victim’s views into consideration.
BMA: Last week, Sebastian Shakespeare published a controversial column in the London Evening Standard with the bold headline “The Olympics should be no place for ethics.” Have you read it, and if so, what did you think?
MA: I have read it. And I actually submitted a letter to the editor yesterday about it. I think most Londoners share my view that ethics and sport can and must go hand in hand. Yet as things stand, the enjoyment of the Games risks being hampered by the toxic legacy of one of the sponsors: Dow Chemicals. When London bid to host the 2012 Games, we made a promise to the world that it would be most sustainable Games ever. [Read Meredith's whole letter to the ES newspaper here.]
BMA: Based on your resignation, can you further tell us why you think that ethics, morality, and sustainability are an important part of the Olympics? Why shouldn’t we just accept that commercial sponsorship is inevitable and ‘get over it.’
MA: I think it’s important to remember that there was absolutely no need for the London 2012 organisers to award anyone the contract for this wrap. It’s a completely optional item that is not essential to the design of the stadium. It will not help a single athlete run faster nor will it help spectators have a better view. Dow’s connection to the Olympics is a slap in the face to the victims of Bhopal, but the fact that this wrap is unnecessary makes this particular deal even more galling for those who have spent decades fighting for justice.
More of the interview at the linkLast week, the London Olympics were wrapped in fresh embarassment and controversy as... more
-
-
I will let her ustream bio speak for it’s self.
Nicole Sandler hosted The Nicole Sandler Show on Air America radio until the network called it quits. She’s now taken her show online, and welcomes listeners into her home studio! With the camera rolling, she’s free to say, do and play anything… Radio or Not! Listen live Monday through Thursday mornings 10-noon ET, or any time via the archives!I will let her ustream bio speak for it’s self.
Nicole Sandler hosted The... more
-
-
If you happened to be walking around Lower Manhattan this morning, you might have noticed the anti-Monsanto chants echoing from Foley Square. In a protesting trifecta, Occupy Wall Street, Occupy Big Food, and Food Democracy Now joined forces to support family farmers as the first phase of their federal court case against food industry giant Monsanto. The crowd of around 200 people included farmers from as far away as Maine as well as local food activists and chefs.
The case against Monsanto (Organic Seed Growers Trade Association et al. v. Monsanto) aims to protect farmers against aggressive lawsuit and crop contamination from Monsanto’s genetically modified seeds. Organic and non-GMO crops can be severely damaged by the introduction of GMO seeds and farmers whose crops have been infiltrated are vulnerable to lawsuits from Monsanto who owns a vast majority of the genetics on commodity crops such as corn, soybeans and cotton.
Farmers’ fear of being sued by the multi-billion dollar company is not unfounded. According to Monsanto, since 1997, it has filed 145 lawsuits against farmers and settled 700 other disputes out of court.
Today in Federal District Court in Manhattan, Judge Naomi Buchwald will hear complaints from farmers and determine whether or not their case against Monsanto will move forward. Protestor and organic farmer Deb Taft of Mobius Fields in Westchester, New York said she was “cautiously optimistic” about the outcome of this morning's hearings.
Many protestors felt it was an accomplishment in itself that the case has made it to Federal District Court. An unnamed protestor and chef at a local private school said he came out to stand with farmers who finally got their day in court. He has been wary of Monsanto since the mid 1980s, when the issues of genetically modified organisms were mostly talk, rather than reality.
While all of the protestors united around their distrust of and frustration with Monsanto, their specific reasons for being there were varied. Some were concerned with the lack of seed choice now that Monsanto has put many local providers out of business while others were concerned with Monsanto’s global presence (Monsanto is currently being sued for biopiracy in India).
Protestors pointed to a long history of infractions on the part of Monsanto, which they demonstrated by creating a human timeline of the company’s history. Monsanto genetically modified its first plant in 1982, but the company’s story goes back to the beginning of the 20th century. John Francis Queeny, a pharmaceutical industry veteran, founded the company in 1901 and in 1902 Monsanto sold its first product to Coca-Cola — saccharin, the artificial sweetener that has been linked to cancer. Protestors this morning also referenced Monsanto's role as one of the companies that manufactured Agent Orange, an herbicide used by the U.S. Army in Vietnam that has been proven to caues severe health damage and birth defects.
But the protestors main focus today was the effect that that GMOs have on biodiversity and farmer livelihood. Andrew Faust, a permaculture teacher and founder of The Center for Bioregional Living in Ellenville, New York, urged consumers to use their buying power to boycott Monsanto products. Currently, advocacy groups working under the slogan “Right to Know” are lobbying for GMO labeling, which is already required in the European Union and China, and which Monsanto is fighting against.
According to a tweet from someone present in the courtroom, the judge will give her ruling on this morning’s hearings, which ended around 11:30 am, by March 31st. Those interested in supporting the farmers' cause can sign Food Democracy Now!’s pledge to support America’s farmers and donate to the Right to Know campaign.
More at the linkIf you happened to be walking around Lower Manhattan this morning, you might have... more
-
-
ALBUQUERQUE, N.M. (AP) — A federal jury has awarded $22 million to a New Mexico man who was kept in solitary confinement for two years and forced to pull his own tooth after being arrested for drunken driving in Dona Ana County.
Civil rights attorney Matt Coyte said the jury awarded Stephen Slevin, 58, the damages Tuesday after a six-day trial in Santa Fe.
Jess Williams, spokesman for Dona Ana County, declined comment other than to say the county plans to appeal.
"We have believe we have strong legal issues to raise with the appeal," he said.
Slevin was arrested while driving through the southern New Mexico county in August 2005. He ended up in solitary confinement because he was suffering from depression and someone checked a box on a form indicating he was suicidal, Coyte said.
Slevin was given some drugs for depression but never saw a mental health professional, Coyte said. He said his client wrote letters for months seeking help, but they were ignored.
"By January 2006, his last letter goes out looking for help. Then he falls into this delirium. He was there for the next 20 months," Coyte said.
Coyte said that in May 2007, Slevin was sent to a mental health facility in Las Vegas, N.M., for two weeks but then was returned to the Dona Ana County jail and solitary confinement.
"He immediately decompensates," Coyte said. "He sends off another letter at this point asking for medical care. ... He is forced to pull his own tooth. He rocked it back and forth over a period of eight hours before he was able to pull it out of his mouth."
Slevin was finally released in June 2007, Coyte said. He was never convicted.
"He entered this facility with overt symptoms of mental depression," Coyte said. "But that's not the issue. ... He was stuck in a 6-foot-by-11-foot cell with a concrete bench for a bed. And he sat in that cell. We had documentary evidence that he didn't get out for anything — for recreation, a shower — for months at a time."
http://news.yahoo.com/nm-man-pulled-own-tooth-jail-awarded-22m-224826036.htmlALBUQUERQUE, N.M. (AP) — A federal jury has awarded $22 million to a New Mexico... more
-
-
Twenty-eight years ago, in a highly disputed trial, an all-White jury convicted former Black Panther Assata Shakur of the murder of a New Jersey state trooper. In 1979, while serving a life sentence, she escaped from prison and eventually resurfaced in Cuba, where she was granted asylum and has lived ever since. But the U.S. government has continued to pursue Shakur, regularly increasing the bounty on her head and classifying her as a “domestic terrorist.” Last May the Justice Department issued an unprecedented $1,000,000 bounty for the return of Assata Shakur, 58, who continues to maintain her innocence. http://www.makeahistory.com/index.php/bizzareweird/43051-assata-shakur-former-black-panther-speaks-from-exile-in-cubaTwenty-eight years ago, in a highly disputed trial, an all-White jury convicted former... more
-
-
worrg
-
added this
-
21 days ago
- |
-
EL CAJON, Calif. (AP) — A child was charged with murder and felony assault in the fatal stabbing of a 12-year-old boy, authorities said Wednesday.
San Diego County district attorney's office spokesman Steve Walker declined to say if the defendant was the victim's 10-year-old neighbor who was taken into custody shortly after the stabbing. The neighbor is the only person who has been identified by homicide investigators as a suspect.
A detention hearing was scheduled for Thursday in juvenile court.
The 12-year-old died Monday, a little more than an hour after he was stabbed in the 10-year-old's driveway in a quiet, kid-friendly neighborhood in El Cajon, east of San Diego.
The victim slept at the boy's home for two nights before he was attacked at the end of the holiday weekend, said Cody Vales, a close friend of both boys. He said they were "like best buddies."
Vales, 16, said the 10-year-old appeared calmer since he began taking a new medication about three weeks ago, becoming "a new kid." He said the younger boy wasn't one to pick a fight but exploded when he felt provoked.
Vales said the boy once punched him in the face for accidentally bumping his pelvis when they were jumping on a trampoline. The boy threw a tantrum when he spilled a cup of water inside his house and was asked to clean up.
"If you pushed his buttons and cussed him out, he'd just lose it on you," Vales said.
The 10-year-old liked to play football and practice Muay Thai boxing and jujitsu, Vales said. He was muscular and a little short for his age.
The 10-year-old's adoptive mother, who lived with the boy and her father, was the only person who knew how to calm him, Vales said. She hugged him and reassured him that everything would be all right.
"The nicest woman you'd ever meet," Vales said. "If it was anybody else, they wouldn't be able to put up with (him)."
The victim's mother told U-T San Diego that she knew the 10-year-old and his mother well.
"Please don't make it out that he was this terrible human being," Lisa Carter told the newspaper. "He's not some monster."
The neighborhood in San Diego's foothills is one of modest, aging one-story homes on narrow, winding roads. The two boys played often with others at a playground clubhouse in the mobile home park where the victim lived. They sometimes pretended to be pirates.
It is unusual for children so young to kill. Law enforcement agencies reported 11 homicides nationwide by children 12 and younger in 2010 — the same number as in 2009 and 2008, according to FBI data.
James Alan Fox, a professor of criminology, law and public policy at Northeastern University in Boston, said that 1976 through 2010, 242 homicides were committed in the United States by children 10 and younger, according to his analysis of FBI statistics. Of those, 48 percent of victims were family, 20 percent were acquaintances and 8 percent were friends.
Fox said there are typically no telltale signs to predict such acts of violence.
"Overwhelmingly the most common element is just an argument," he said. "It's the same motivation why kids fight."
California requires that children be at least 14 to be charged as adults, said Shaun Martin, a University of San Diego law professor. State law allows children to be detained until they turn 25 if tried and convicted as juveniles.
http://news.yahoo.com/child-charged-murder-san-diego-area-death-005500719.htmlEL CAJON, Calif. (AP) — A child was charged with murder and felony assault in... more
-
-
On March 28,1965, Martin Luther King Jr. appeared on Meet The Press. This was one week after the five day march from Selma to Montgomery, Alabama to demonstrate against police brutality and conditions in Alabama as well as voting rights. In this interview Dr. King's courage, wisdom and strength of character shine like a beacon in a dark place. As you listen to the questions as well, to me at times it seemed more like an inquisition than a news program (especially the question about communism) but remembering the times it certainly wasn't surprising. And actually, the question in the beginning sounded like the same criticism of the Occupy movement. I guess times haven't changed that much after all. So as we celebrate his birth today it is only fitting to remember the legacy he left us and there is no better way to remember that than with his own words.On March 28,1965, Martin Luther King Jr. appeared on Meet The Press. This was one week... more
-
-
If you missed a Cenk Uygur program or need a transcript, please visit the Barefoot Accountant's blog for some full videos of certain segments of the show: http://www.cpa-connecticut.com/blog/. The Barefoot Accountant's blog deals largely with US tax policies and how they benefit the 1% in our country at the expense of the 99%.
Although a Certified Public Accountant, William Brighenti, under the penname of the Barefoot Accountant, is an aggressive progressive advocating dramatic reforms in the United States in order to restore equal opportunity and justice.If you missed a Cenk Uygur program or need a transcript, please visit the Barefoot... more
-
-
Occupy Rogers Park, Occupy the South Side campaign against Chicago Mayor Rahm Emanuel's NATO/G-8 ordinance; "This measure is a permanent attack on public protest in the City of Chicago."
Last month Chicago Mayor Rahm Emanuel introduced anti-protester legislation for the upcoming NATO and G-8 summits in Chicago.
photo: Justin Bianchi
Chicago's WBEZ reported:
"During the summits, which could draw thousands of protesters, Emanuel wants to increase the minimum fine from $25 to $200 and double the maximum fine to $1,000. His proposed ordinance would also close parks, playgrounds and beaches overnight for longer periods of time."
This past Tuesday, Emanuel clarified that these measures would in fact be permanent, and not just during the time of the summits. From WBEZ:
In fact, Emanuel said his proposal to dramatically increase fines for protesters who resist arrest - even passively - should be permanent. Some of the other sweeping powers the mayor is seeking - one would allow his office to unilaterally approve some city contracts - would expire once the May summits are over, he said.
This morning, Occupy Chicago reacted harshly to Emanuel's plan, which they call the 'Sit Down and Shut Up' ordinance. From the Occupy Chicago website:
This ordinance consists of a host of bureaucratic tools created by and for the 1% to relegate, abridge, fine, arrest, and silence our speech. It is an attempt to bully and intimidate with increased police power and fines the brave working people who demand the ability to participate democratically in the organizing of our society. It is an attempt, by the 1%, to restrict and regulate the voice of the people when it upsets the structure that put them in power. The timing of the ordinance demonstrates that it has nothing to do with public safety but that its sole purpose is to stifle the voice and trample upon the constitutional liberties of all the people of Chicago. It is the blatant criminalizing of any public assembly that does not serve the interest of the 1%. It is the handcuffing of democracy. Occupy Chicago condemns this ordinance and demands that they be revoked. Those who are on the side of the democracy of the 99% will stand with us.
This morning, Occupy the South Side and Occupy Rogers Park delivered a warning to all of the city's aldermen, indicating that if they supported the mayor's resolution, they should expext strong resistance.
More at the linkOccupy Rogers Park, Occupy the South Side campaign against Chicago Mayor Rahm... more
-
-
Death In The Devil's Chair: Florida Man's Pepper Spray Death Raises Questions About Jail Abuse
This is a story written by Radley Balko
Radley.Balko@huffingtonpost.com
What police are capable of today is abhorently disgusting! The average, ordinary citizen has no chance against jackbooted authorities such as those that incarcerated a man that needed both physical and mental health help.
In a way, we all share a small part of the blame for what was done to Nick Christie. And we'll keep on sharing blame for those that may experience this abuse in the future if we do not put a stop to this kind of attitude to continue with those we think are protecting and serving us, when in actuality, they're our worst enemies. Worse because they are the real homegrown terrorists we imagine that's just around the next "fear corner"!
http://www.huffingtonpost.com/2012/01/11/jail-abuse-nick-christie-pepper-spray-florida_n_1192412.htmlDeath In The Devil's Chair: Florida Man's Pepper Spray Death Raises... more
-
-
WILL LORD COE, AND MAYOR BORIS JOHNSON,
TAKE THE BHOPAL WATER TASTE CHALLENGE?
FOR IMMEDIATE USE
- Monday the 9th January, Trafalgar Square, 2.15pm
Despite the continuing furore concerning Dow Chemical’s sponsorship of the London Olympics, LOCOG’s position is that they remain satisfied with Dow Chemical’s ethical performance and sustainability.
The people of Bhopal beg to differ and, on Monday the 9th January, just 200 days before the London Olympics begin, a survivor of the Bhopal Disaster will be challenging both Lord Coe, and Mayor Boris Johnson, to taste some Bhopal drinking water. This water is contaminated with highly toxic chemicals that Dow’s subsidiary, Union Carbide, recklessly dumped while their Bhopal factory was in production.
Thousands of people in Bhopal have no other source of drinking water than this highly contaminated source. But, the Dow Chemical Company not only chooses not to accept responsibility for Union Carbide’s mess it even refuses, despite a huge body of scientific evidence, to accept that the groundwater is even contaminated!
Farah Williams, a survivor of the Bhopal Disaster, will be inviting Lord Coe and Mayor Johnson to taste some of Dow’s finest produce. She will have a specially designed bottle of B’eauPal drinking water (a spoof mineral water product) and can be filmed or photographed in front of the Olympic Countdown clock. The clock will be adorned with a specially designed banner explaining that there are only ’200 Days Left to Dump Dow’!
Barry Gardiner MP, ’Friends Of India’ will be on hand for interviews, along with Lorraine Close the host of a change.org petition demanding Dow be dropped from the Olympics which has already attracted nearly 17,000 signatures.
More at the linkWILL LORD COE, AND MAYOR BORIS JOHNSON,
TAKE THE BHOPAL WATER TASTE CHALLENGE?
FOR... more
-
-
Attorney Jesslyn Radack: More whistle blowers have been charged during Obama admin. then all other presidents together (speech at Sam Adams Awards).
Jesselyn Radack was the Justice Dept attorney who stood up for the Constitutional rights of John Walker Lindh, a young U.S. citizen captured in Afghanistan and widely denigrated as the "American Taliban." Lindh became the first American to be tortured by Americans there. Radack revealed Lindh had not been allowed a lawyer and other rights. The Justice Department then made Racack a target of a criminal investigation and put her on the "No-Fly" List. She is now the Human Rights Director for the Government Accountability Project.
http://www.youtube.com/watch?v=D0u1dYz1dSs&feature=player_embeddedAttorney Jesslyn Radack: More whistle blowers have been charged during Obama admin.... more
-
-
Effective February 15, 2012
Important Change in Terms Notice
Dispute Resolution Program: Arbitration Agreement
This Addenda amends the Consumer Account Agreement ("Agreement"). All terms
defined in the Agreement will have the same meaning when used in this Addenda.
If there is a conflict between the addenda and the Agreement, this Addenda will
control. Except as expressly amended by this Addenda, the Agreement remains in full
force and effect.
Binding arbitration If you have a dispute with the Bank, and you are not able to resolve the dispute informally, you and the Bank agree that upon demand by either you or the Bank, the dispute will be resolved through the arbitration process as set forth in this part. A “dispute” is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to services, accounts or matters; to your use of any of the Bank’s banking locations or facilities;
or to any means you may use to access your account(s). It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims.
“Disputes” include disagreements about the meaning, application or enforceability of this arbitration agreement. This arbitration agreement shall survive any termination of your account(s). YOU AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, you and the Bank retain the right
to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or the Bank fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure; severability
You or the Bank may submit a dispute to binding arbitration at any time, regardless of
whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive
laws applicable to the subject matter of the dispute. No arbitrator or other party to an
arbitration proceeding may disclose the existence, content or results thereof, except for
disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. The parties agree that in this relationship: (1) The parties are participating in transactions involving interstate commerce; (2) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) This agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and the Bank. If any of the provision of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
Rights preserved This arbitration agreement does not prohibit you or the Bank from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property;
exercise self-help remedies, including setoff rights; or obtain provisional or ancillary
remedies such as injunctive relief, attachment, garnishment or the appointment of a
receiver by a court of competent jurisdiction. All statutes of limitations applicable to any
dispute apply to any arbitration between you and the Bank. The provisions of this
arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and the Bank.
Fees and expenses of arbitration Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. Please check with the arbitration administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your account limits the amount of fees and
expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration.Effective February 15, 2012
Important Change in Terms Notice
Dispute Resolution... more
-
-
These are the first pictures of the People's Court in London where the 1% will be tried. Through these doors the bankers of London may for the first time be tried for their crimes. Suspects will be charged and tried in fair trails where evidence will be presented and challenged by defence lawyers. Another World Exclusive: first picture of the court chamber where the banking executives will face the people's law. Nearly four years after the crisis exploded not a single banker anywhere in the world has faced justice. http://www.freeturbine.com/index.php/news/recent-politic/item/first-photos-of-people-s-court-where-bankers-will-be-tried-in-londonThese are the first pictures of the People's Court in London where the 1% will be... more
-
-
worrg
-
added this
-
1 month ago
- |
-
A unique pressure campaign has been playing out in Iowa, where the group Occupy Des Moines and other progressive groups briefly took over both the Obama for America and the Iowa Democratic Party headquarters, just as the media spotlight descends on the city two weeks before the caucuses.
Occupy Des Moines, in conjunction with Veterans for Peace and the community organization Iowa Citizens for Community Improvement (CCI), blockaded the entrance to OFA headquarters in Des Moines on Saturday, forcing a closure of its office. They set up tents in front of the front door, and vowed not to move, calling it “the annex” to the main Occupy Des Moines camp a few blocks away at Stewart Square. Megan Felt, an organizer with Occupy Des Moines, declared victory on Saturday. “Our goal is to disrupt business as usual until the campaigns address our concerns, and the fact that Obama’s Iowa staff chose not to open up today is a victory for our movement because we prevented them from going about their normal Saturday routine.” At the height, the action involved around 120 protesters.
They decided to occupy the front door in shifts, disrupting the campaign’s work. And they came with a list of demands here. They want the President to veto the National Defense Authorization Act and the payroll tax deal (now in serious doubt) over respective provisions that codify the indefinite military detention of non-citizen terrorist suspects and force a decision on the Keystone XL pipeline within 60 days (as I’ve said before, the likely outcome of the latter measure is to deny permitting to Keystone XL). They also oppose the dropping of a millionaire’s surtax to pay for the payroll tax bill, and a provision in the omnibus spending bill that limits the number of semesters a recipient is eligible for Pell grant funding. Latino activists involved in the protests also denounced deportations “that break families apart,” and antiwar activists want military spending cut in half. So there’s a list of grievances for this Festivus season.
Today, activists left the campaign HQ, and moved into the Iowa Democratic Party headquarters. They maintain that they will refuse to leave “until Obama vetoes the National Defense Authorization Act and starts putting all the power of his office to bear on putting communities before corporations and people before profits.” So I don’t know if we can totally infer that the payroll tax veto demand has been dropped, but of course the circumstances changed on that one.
The Des Moines Register updates that eight protesters have been arrested:
Eight people affiliated with Occupy Des Moines were arrested this afternoon at the Iowa Democratic Party headquarters in Des Moines.
The eight, whose hands were zip-tied behind their backs, were placed in a police wagon and transported to Polk County jail. Each was to be charged with criminal trespassing, which is a misdemeanor. They did not resist arrest and were escorted out of the headquarters at 5661 Fleur Drive without incident.
More at the linkA unique pressure campaign has been playing out in Iowa, where the group Occupy Des... more
-
-
Police officers investigating the theft of thousands of private emails between climate scientists from a University of East Anglia server in 2009 have seized computer equipment belonging to a web content editor based at the University of Leeds.
The glacial investigation into the stolen emails has experienced rapid, unprecedented warming that very much appears to be caused by humans, in this case the Norfolk police.
The UK Guardian reports today:
On Wednesday, detectives from Norfolk Constabulary entered the home of Roger Tattersall, who writes a climate sceptic blog under the pseudonym TallBloke, and took away two laptops and a broadband router. A police spokeswoman confirmed on Thursday that Norfolk Constabulary had “executed a search warrant in West Yorkshire and seized computers”. She added: “No one was arrested. Investigations into the [UEA] data breach and publication [online of emails] continues. This is one line of enquiry in a Norfolk constabulary investigation which started in 2009″….
Both Tattersall and a US-based climate sceptic blogger known as Jeff Id said they had received a “formal request” via the blogging platform WordPress from the US Department of Justice’s criminal division, dated 9 December, to preserve “all stored communications, records, and other evidence in your possession” related to their own blogs as well as to Climate Audit, a climate sceptic blog run by a Canadian mining consultant called Steve McIntyre. All three blogs had received messages from “FOIA” last month pointing to the link hosting a second tranche of emails first taken from the UEA in 2009.
It’s funny to see the hyperventilating at the denier websites. As you know, the deniers routinely assume any scientist being independently investigated is almost certainly guilty, that any scientist exonerated by an independent investigation is definitely guilty, and that thousands of actual evidence-based studies are part of a grand conspiracy to deceive humanity.
Unlike the deniers, however, we stay evidence-based, so the fact that the police have seized TallBloke’s computers and told a U.S. denier not to delete or destroy any evidence is not proof in the least bit of their involvement in any crime.
Tattersall posted his own account of the police search on his blog: “An Englishman’s home is his castle they say. Not when six detectives from the Metropolitan police, the Norfolk constabulary and the computer crime division arrive on your doorstep with a warrant to search it though … They ended up settling for two laptops and an ADSL broadband router … I got the feeling something was on the go last night when WordPress [the internet host for his blog] forwarded a notice from the US Department of Justice.”
Speaking to the Guardian, Tattersall said: “I am happy to assist the police with their inquiries because I haven’t been hiding anything important like some people have. I assisted them with their inquiries, which involved voluntarily answering some questions regarding computer use etc.”
Last month, Tattersall’s blog, as well as at least four other blogs popular with climate sceptics, received a comment from a user called “FOIA” providing a link to a Russian server hosting a compressed folder containing more than 5,000 emails exchanged between climate scientists, along with a short message setting out the perpetrator’s motives. The folder also contained an encrypted subfolder containing a further 220,000 emails. It was the second time such a release had occurred.
More at the linkPolice officers investigating the theft of thousands of private emails between climate... more
-
-
By Steve VickersBBC News, Harare
The women are accused of collecting the semen in condoms
http://www.bbc.co.uk/news/world-africa-15876968
Zimbabwean police believe there is a nationwide syndicate of women raping men, possibly to use their semen for use in rituals that claim to make people wealthy.
It has taken more than a year for any arrests to be made, and on Monday three women are to go on trial in the capital, Harare, over the allegations which have shocked the country.
One alleged victim, who wished to remain anonymous, gave an account on national television in July of his experience which happened after he was offered a lift by a group of three women in Harare.
The urge to have sex was still there”
"One of the women threw water in my face and they injected me with something that gave me a strong sexual desire," he said.
"They stopped the car and made me have sex with each of them several times, using condoms.
"When they had finished they left me in the bush totally naked.
"Some people gathering grass helped me by calling the police, who took me to hospital to deal with the effects of this drug that I had been given, as the urge to have sex was still there."
The women due in court have been charged on 17 counts of aggravated indecent assault - as Zimbabwean law does not recognise the act of a woman raping a man.
They were detained earlier this month in the central town of Gweru, 275km (170 miles) south-west of Harare, after officers found 31 used condoms in the car that they were travelling in.
Threatening crowds
The women deny the charges, saying they are prostitutes and were too busy at the time to dispose of the condoms.
Since the reports of male rapes, some men say they no longer hitch hike and prefer to use buses
After being released on bail last month, they were confronted and threatened by a crowd. They say they have been forced to remain at home since then, to avoid unwanted attention.
Police spokesperson Superintendent Andrew Phiri told the BBC that they believe that there is a syndicate operating nationwide.
"We have received reports from around the country from different towns and provinces, it's been happening on the highways," he said.
"We are yet to find out the real reason why this is happening. We have heard speculation that it's linked to rituals."
He appealed for witnesses to come forward.
"We need to hear from people who are prepared to tell," the superintendent said.
The semen is believed to be used in rituals to bring success in business, and there are suggestions that the semen is being taken outside the country for sale.
But cultural expert and sociology lecturer Claude Mararikei told the BBC that it was not clear how the semen would be used.
"It's in the area of rituals and magic, which border on secret societies," he said.
"Even researchers don't want to go into that area because you may not come out alive to publish whatever you find out."
'Wife left me'
While the first accounts of men alleging that they had been raped by women were generally met with incredulity, men who spoke to the BBC say that they are now taking the issue very seriously.
“I think there has been a lot of under-reporting because the victims will feel not man enough to talk about such issues and that will hinder them from speaking out”
Nakai NengomashaCounsellor
"When I travel I only use buses where people are travelling in numbers now, I won't get a lift in private cars, especially if there are women inside," said a man called Witness.
"You must exercise caution, women are raping men, it's happening."
Some women in Harare, like Sibongile, worry it is giving their gender a bad image.
"I wish that people could be encouraged to work for their money in a good way. It's evil that's gone into women's heads to cause them to be that greedy, that they want easy money," she told the BBC in the city centre.
The police have not given a figure for the number of cases reported.
Nakai Nengomasha, a counsellor who is working with three men who say that they are victims of female rapists, believes that there could be more cases who have not come forward.
"I think there has been a lot of under-reporting because the victims will feel not man enough to talk about such issues and that will hinder them from speaking out," he said.
"They need to deal with denial which comes from a deeply rooted mistaken belief that men are immune to being victimised and that they should be able to fight back if they are truly a real man.
"Some have to deal with the issue of seeing the assault as a loss of manhood and feel disgusted with themselves."
That is how the man who spoke about his alleged ordeal on television feels, saying he even contemplated suicide.
"I feel violated and disappointed, because when I told my wife what happened, she left me, together with one of our three children. I'm hoping that she will come back."By Steve VickersBBC News, Harare
The women are accused of collecting the semen in... more
-
-
December 6, 2011
There is a surprising reason why the government won’t go after drug companies for serious crimes.
It is because government programs like Medicare, Medicaid, and the Veterans Administration would then be barred from doing business with them!
In 1999 the FDA approved Vioxx, a drug created by Merck and Co. to treat arthritis. Vioxx was pulled off the market in 2004 because evidence showed it greatly increased the risk of heart attack in the 25 million Americans who had taken the drug. Some 50,000 patients sued, and 27,000 of the plaintiffs received $4.85 billion in settlement of their claims.
Last week the Department of Justice announced that Merck has agreed to pay a $321 million criminal fine and plead guilty to one misdemeanor count of illegally introducing a drug into interstate commerce. Merck also is paying $426 million to the federal government and $202 million to state Medicaid agencies. Those payments will settle civil claims that its marketing caused doctors to prescribe and bill the government for Vioxx they otherwise would not have prescribed.
Please note that these settlements are for rather minor infractions—not for deliberately concealing the danger of a killing drug from patients, the medical community, and their investors. Despite the serious consequences of Merck’s actions, the government won’t prosecute them for any serious charges—because, if they did and won, it would mean they would have to stop doing business with Merck in the future! Federal law makes it illegal for Medicare and Medicaid to do business with “an excluded or debarred entity resulting from serious criminal charges.”
This means that when a company becomes too deeply enmeshed in the government’s business, these companies simply become too big to prosecute!
Paying fines without serious criminal charges does not appear to be enough of a deterrent. A new report from the consumer group Public Citizen shows that the pharmaceutical industry now leads all other industries in fraud against the federal government—and that includes the defense industry! Big Pharma led the pack in the total amount of fraud payments for actions against the federal government under the False Claims Act. Four companies (GlaxoSmithKline, Pfizer, Eli Lilly, and Schering-Plough) accounted for more than half (53 percent or $10.5 billion) of all financial penalties imposed over the past two decades.
In 2006, Dr. David Graham, associate director of the FDA’s Office of Drug Safety and a courageous whistleblower, said in an interview, “The FDA is responsible for 140,000 heart attacks and 60,000 dead Americans. That’s as many people as were killed in the Vietnam War. Yet the FDA points the finger at me and says, ‘Well, this guy’s a rat, you can’t trust him,’ but nobody is calling them to account. Congress isn’t calling them to account. For the American people, it’s dropped off the radar screen. They should be screaming because this can happen again.”
If a supplement killed 60,000 Americans, what do you think the reaction would be? It would be pulled from the shelves, the FDA would outlaw it, and the media would be screaming about the dangers of supplements. Vioxx does the same thing, and the FDA gives Merck a slap on the wrist and gets a financial settlement.
As Public Citizen told NPR, “The current system of prosecution and recovery isn’t working, because companies can take even the biggest settlements in stride. What’s needed is more criminal prosecution—and the prospect of jail time for Pharma executives.”
ANH-USA is not trying to put anybody in jail. But if we pass laws, they should apply to everyone, including members of Congress and big companies, whether on Wall Street or in the drug industry. Crony capitalist arrangements between government and special interests should never be allowed to create a special category of “too big to prosecute.”
http://www.anh-usa.org/merck-too-big-to-prosecute/December 6, 2011
There is a surprising reason why the government won’t go... more
-
