Archive

Posts Tagged ‘law’

The Caustic Side Effects of Looking to Supreme Court Justices as Umpires

February 26th, 2016 No comments

U.S. Supreme Court[Editor’s Note: This piece was first published at the Huffington Post]

According to Chief Justice Roberts, judges are baseball umpires who apply rules impartially to disputes. As neutral actors, judges make everyone play by the rules but do not take sides themselves.

But with members of Senate locked in a heated debate whether Obama or the next president should name Scalia’s replacement, we are reminded yet again just how political Supreme Court Justices have become.

In decisions after decisions, the Court has waded into the most politically contested issues of the day, from abortion to gay rights to campaign contribution limits to national health insurance. Scholars now routinely predict how each Justice will vote based on his or her ideological persuasions alone, irrespective of the legal issues presented.

Justice Roberts would like us to reminisce wistfully about a day when judges were umpires of the law. But I don’t think that day ever existed. Read more…

Categories: Analysis Tags: , ,

(Letter) Boo Hoo Evil China Banned My Website!

April 28th, 2009 No comments

Have you ever heard of this thing called Plurk? Well, just heard about them, and the context presented is big bad Chinese government banning some (not so) popular micro messaging website – seemingly as lead-in to bring emphasis to the 20th Anniversary of TAM, by the best China propaganda tool my tax dollar can buy, Radio Free Asia.

Plurk.com also posted its plight on it’s own website. Plurk, you are well advised to not merely bitch and moan about it on your blocked website, but instead try to understand China’s laws in this regard.

In US we outlaw on-line child pronography, and some Arab countries don’t even allow wemen’s uncovered face on websites. As logic follows, China, as a sovereign nation, has the right to regulate information that traverse its sovereign territory.

Now, where would you go to get yourself legit and unblocked in China? You might want to start with industry counterparts in China, and some sound, local, legal advise. Here are couple starting points.

– China Ministry of Information Industry: http://www.miibeian.gov.cn

– Beijing Association of On-line Media (an information industry non-profit): http://baom.sina.com.cn/english

Good luck.

Categories: Uncategorized Tags: , ,

(Letter from Otto Kerner, Opposing Viewpoint) Mainland Han human rights lawyers defend Tibetan lama

April 26th, 2009 34 comments

Amid the depressing news of the trial of Phurbu Tsering Rinpoche, a respected lama from Kardze (western Sichuan), is a hopeful sign: he is being defended by two Han Chinese human rights lawyers. They say that they have had some harrassment from the police, but they have not been prevented from serving as counsel to a man they believe was unjustly accused. They have helped him have his day in court, which is better than nothing. In my opinion, democracy and nationalism, etc., are less important than simple rule of law applied impartially. Is that something Tibetans and Hans can make common cause for? It ought to be.

A victory for the rule of law: an untold story in China

July 21st, 2008 63 comments

Two months ago, major Western newspapers ran stories on laywers Jiang Tianyong and Teng Biao. These two have been working in the “rights defense” (维权) movement in China. Both have received extensive overseas praise and attention for their work defending dissidents and FLG practictioners. Both also offered to defend Tibetans implicated in the March riots.

It all culminated in these articles at the beginning of June.  I won’t bother quoting from the articles; the titles are pretty self-explanatory:

New York Times: Beijing Suspends Licenses of 2 Lawyers Who Offered to Defend Tibetans in Court
Washington Post: China Shuts Out 2 Lawyers Over Tibetans’ Cases
Toronto Star: Lawyers pay high price for coming to aid of Tibetans
Reuters: China rights lawyers say licenses blocked after Tibet call

The articles largely agree in content, and are basically copied directly from press releases from activist dissident groups: the two lawyers were denied their licenses for political reasons, authoritarian China, no sign of reform, etc, etc…

Well, we’ve learned more about their situations since.  However, the Western media doesn’t seem very interested in telling the rest of the story.  We’ll just have to discuss it here.

Read more…

Categories: News Tags: , ,