frijoliz
Occupy the Superbowl
Occupy protesters in Indianapolis are gearing up to use the media spotlight on Sunday’s Super Bowl XLVI to rally for union rights outside the statehouse. Earlier this week, Indiana Gov. Mitch Daniels signed a so-called “right to work” measure into law that critics say will result in lower wages and diminished collective bargaining rights.

Occupy the Superbowl

Occupy protesters in Indianapolis are gearing up to use the media spotlight on Sunday’s Super Bowl XLVI to rally for union rights outside the statehouse. Earlier this week, Indiana Gov. Mitch Daniels signed a so-called “right to work” measure into law that critics say will result in lower wages and diminished collective bargaining rights.

occupyonline



[Read full answer]
We need new legislation that will limit monopoly power, increase corporate liability/responsibility to allow people to continue to sue corporations for murder, human rights violations, fraud, etc., but to remove personhood status in terms of campaign donations, etc.  Because corporations enjoy this status, they can buy politicians, thus enabling them to further influence beneficial legislation and appointments.
The system allows for this corruption. THAT is the problem. Until we make that illegal, corporations can continue to buy out our government. How do we make that illegal? Petition our government. Yes, that’s right, the same government that has been bought by corporations. The same government that ignores petitions, letters, and voter promises. So we petition in public spaces using our voices and our bodies. As we have already witnessed, we are silenced, beaten, and arrested.
So then…what next?
1. We must amend the Constitution - get Citizens United overturned. End corporate lobbying power. Get money out of congress. This is no small task. (http://www.usconstitution.net/constam.html#process)  This has ALWAYS been done through Congress (the very group we are trying to limit money flow to…do you think they will be eager to promote this move)?  Thus, we must either support Bernie Sanders’s amendment or the never before used option of convention of states.
2. Petition so long and so visibly on congress’ front lawn that the People’s will cannot continue to be ignored without also dropping the facade of serving the People. Congress will either bow to the People’s will, or they will cause a revolution.
3. Short of a revolution, on a long term basis, we must get incumbents out of house and senate. We must clean house. All House Reps are up for re-election every two years and 1/3 of senate every two years. If we cannot impeach, we must vote out. We need to pick outside candidates who do not have a history of getting into bed with moneybags.
4.  Make it possible to have a legit multi-party race. Given the developing format of information dissemination, runners should not need to spend millions on campaigns. We should plan for televised debates, where the money goes equally to all nominees and each have the same amount of time to win us over. .  We already do this with presidents. Now we just need more direct control over who gets nominated. It shouldn’t be whoever can afford the most ads. 

[Read full answer]

We need new legislation that will limit monopoly power, increase corporate liability/responsibility to allow people to continue to sue corporations for murder, human rights violations, fraud, etc., but to remove personhood status in terms of campaign donations, etc.  Because corporations enjoy this status, they can buy politicians, thus enabling them to further influence beneficial legislation and appointments.

The system allows for this corruption. THAT is the problem. Until we make that illegal, corporations can continue to buy out our government. How do we make that illegal? Petition our government. Yes, that’s right, the same government that has been bought by corporations. The same government that ignores petitions, letters, and voter promises. So we petition in public spaces using our voices and our bodies. As we have already witnessed, we are silenced, beaten, and arrested.

So then…what next?

1. We must amend the Constitution - get Citizens United overturned. End corporate lobbying power. Get money out of congress. This is no small task. (http://www.usconstitution.net/constam.html#process)  This has ALWAYS been done through Congress (the very group we are trying to limit money flow to…do you think they will be eager to promote this move)?  Thus, we must either support Bernie Sanders’s amendment or the never before used option of convention of states.

2. Petition so long and so visibly on congress’ front lawn that the People’s will cannot continue to be ignored without also dropping the facade of serving the People. Congress will either bow to the People’s will, or they will cause a revolution.

3. Short of a revolution, on a long term basis, we must get incumbents out of house and senate. We must clean house. All House Reps are up for re-election every two years and 1/3 of senate every two years. If we cannot impeach, we must vote out. We need to pick outside candidates who do not have a history of getting into bed with moneybags.

4.  Make it possible to have a legit multi-party race. Given the developing format of information dissemination, runners should not need to spend millions on campaigns. We should plan for televised debates, where the money goes equally to all nominees and each have the same amount of time to win us over. .  We already do this with presidents. Now we just need more direct control over who gets nominated. It shouldn’t be whoever can afford the most ads. 

I had considered this but everything stacks against it. Disclaimer: I am not a class action, corporate law expert, but the following is my informed (for what it is worth, I have a J.D.) opinion:
Most corporations will use any means available to limit liability (they can afford an entire floor dedicated to in-house legal). Furthermore, the laws where incorporated are usually what apply in state suits (with various exceptions). Most corporations incorporate in Delaware, where they have carved out for themselves a pro-business shelter. More than half a million business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 60% of the Fortune 500. It is a small state, with a small populace and much of its money comes from those very corporations, so it maintains very business-friendly legislation.
Of course, state class action cases are few and far between because the Class Action Fairness Act prevents certification of many classes and makes it easy for corporations to bring the suit to Federal Court, where corporations are heavily favored. In the 1990s, the U.S. Supreme Court issued a number of decisions which strengthened the “federal policy favoring arbitration”.  In response, lawyers have added provisions to consumer contracts of adhesion called “collective action waivers”. In 1999 the National Arbitration Forum began advocating that such contracts should be drafted so as to force consumers to waive the right to a class action completely, and such provisions have become very popular among businesses. In the 2011 court case AT&T Mobility v. Concepcion, the U.S. Supreme Court ruled in a 5-4 decision that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class action lawsuits, which will make it more difficult for consumers to file class action lawsuits. 
First and foremost, in order to bring any legal claim, you have to have standing. So for securities claims, you have to be part of the class of shareholders. As a consumer, you have to prove causal injury. To have standing as a class, you have to have commonality of issue (similar injury, similar redress sought). It is hard to find an attorney willing to take on the risk and time associated with bringing a class action suit of this caliber.
If you can prove standing, you next have to link a corporation’s involvement/actions to an actionable offense under the law. Good luck. The most affective strike would be against the head/heart, i.e. the holding companies. However, it is rarely the holding company with dirty hands. Corporate limited liability allows stockholders to create a protective veil, limiting personal liability. Furthermore, many corporations create subsidiaries that are legally separate, though controlled by, the holding company. That means that a corporation can, in practice, create “shell” subsidiaries to do their dirty work and then limit liability to those subsidiaries. Technically, activities like this should pierce the corporate veil, but corporations get away with this all the time.  Stockholders are insolated from claims, subsidiaries are often created and sacrificed, and then on with business as usual. Unless we can prove a direct link to insidious actions from on high (i.e. a memo from the CEO or CFO or some other evidence linking the parent to some actionable offense or exposing the subsidiary as a shell (undercapitalized)) this is a difficult task to accomplish, especially when you are up against a powerful entity with money, lawyers and politicians lining their pockets.
Congress and conservative judges have made it really hard for consumers to bring class action suits against corporations. Even if, as an individual, you have standing to sue, getting a class certification is tough.
There are citizen suits permitted under many environmental laws. However, even then, we have to prove we have suffered an “injury in fact” - a violation of a legally protected interest which is (a) concrete and particularized and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.’” We also have the burden to prove there is a causal connection between the injury and the conduct complained of - the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party. Lastly, we must show that it’s likely, as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.” This isn’t money into the hands of people, but usually the discontinuance of some harmful activity (i.e. an injunction rather than an award of damages).  Furthermore, their lobbying efforts have chipped away at the laws that protect us from many of these egregious actions. Regulations have been lifted or now contain loopholes.
This is why people want Citizens United overturned. We need new legislation that will limit monopoly power, increase corporate liability/responsibility to allow people to continue to sue corporations for murder, human rights violations, fraud, etc., but to remove personhood status in terms of campaign donations, etc.  Because corporations enjoy this status, they can buy politicians, thus enabling them to further influence beneficial legislation and appointments.
The system allows for this corruption. THAT is the problem. Until we make that illegal, corporations can continue to buy out our government. How do we make that illegal? Petition our government. Yes, that’s right, the same government that has been bought by corporations. The same government that ignores petitions, letters, and voter promises. So we petition in public spaces using our voices and our bodies. As we have already witnessed, we are silenced, beaten, and arrested.
So then…what next?
1. We must amend the Constitution - get Citizens United overturned. End corporate lobbying power. Get money out of congress. This is no small task. (http://www.usconstitution.net/constam.html#process)  This has ALWAYS been done through Congress (the very group we are trying to limit money flow to…do you think they will be eager to promote this move)?  Thus, we must either support Bernie Sanders’s amendment or the never before used option of convention of states.
2. Petition so long and so visibly on congress’ front lawn that the People’s will cannot continue to be ignored without also dropping the facade of serving the People. Congress will either bow to the People’s will, or they will cause a revolution.
3. Short of a revolution, on a long term basis, we must get incumbents out of house and senate. We must clean house. All House Reps are up for re-election every two years and 1/3 of senate every two years. If we cannot impeach, we must vote out. We need to pick outside candidates who do not have a history of getting into bed with moneybags.
4.  Make it possible to have a legit multi-party race. Given the developing format of information dissemination, runners should not need to spend millions on campaigns. We should plan for televised debates, where the money goes equally to all nominees and each have the same amount of time to win us over. .  We already do this with presidents. Now we just need more direct control over who gets nominated. It shouldn’t be whoever can afford the most ads. 

I had considered this but everything stacks against it. Disclaimer: I am not a class action, corporate law expert, but the following is my informed (for what it is worth, I have a J.D.) opinion:

Most corporations will use any means available to limit liability (they can afford an entire floor dedicated to in-house legal). Furthermore, the laws where incorporated are usually what apply in state suits (with various exceptions). Most corporations incorporate in Delaware, where they have carved out for themselves a pro-business shelter. More than half a million business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 60% of the Fortune 500. It is a small state, with a small populace and much of its money comes from those very corporations, so it maintains very business-friendly legislation.

Of course, state class action cases are few and far between because the Class Action Fairness Act prevents certification of many classes and makes it easy for corporations to bring the suit to Federal Court, where corporations are heavily favored. In the 1990s, the U.S. Supreme Court issued a number of decisions which strengthened the “federal policy favoring arbitration”.  In response, lawyers have added provisions to consumer contracts of adhesion called “collective action waivers”. In 1999 the National Arbitration Forum began advocating that such contracts should be drafted so as to force consumers to waive the right to a class action completely, and such provisions have become very popular among businesses. In the 2011 court case AT&T Mobility v. Concepcion, the U.S. Supreme Court ruled in a 5-4 decision that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class action lawsuits, which will make it more difficult for consumers to file class action lawsuits. 

First and foremost, in order to bring any legal claim, you have to have standing. So for securities claims, you have to be part of the class of shareholders. As a consumer, you have to prove causal injury. To have standing as a class, you have to have commonality of issue (similar injury, similar redress sought). It is hard to find an attorney willing to take on the risk and time associated with bringing a class action suit of this caliber.

If you can prove standing, you next have to link a corporation’s involvement/actions to an actionable offense under the law. Good luck. The most affective strike would be against the head/heart, i.e. the holding companies. However, it is rarely the holding company with dirty hands. Corporate limited liability allows stockholders to create a protective veil, limiting personal liability. Furthermore, many corporations create subsidiaries that are legally separate, though controlled by, the holding company. That means that a corporation can, in practice, create “shell” subsidiaries to do their dirty work and then limit liability to those subsidiaries. Technically, activities like this should pierce the corporate veil, but corporations get away with this all the time.  Stockholders are insolated from claims, subsidiaries are often created and sacrificed, and then on with business as usual. Unless we can prove a direct link to insidious actions from on high (i.e. a memo from the CEO or CFO or some other evidence linking the parent to some actionable offense or exposing the subsidiary as a shell (undercapitalized)) this is a difficult task to accomplish, especially when you are up against a powerful entity with money, lawyers and politicians lining their pockets.

Congress and conservative judges have made it really hard for consumers to bring class action suits against corporations. Even if, as an individual, you have standing to sue, getting a class certification is tough.

There are citizen suits permitted under many environmental laws. However, even then, we have to prove we have suffered an “injury in fact” - a violation of a legally protected interest which is (a) concrete and particularized and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.’” We also have the burden to prove there is a causal connection between the injury and the conduct complained of - the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party. Lastly, we must show that it’s likely, as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.” This isn’t money into the hands of people, but usually the discontinuance of some harmful activity (i.e. an injunction rather than an award of damages).  Furthermore, their lobbying efforts have chipped away at the laws that protect us from many of these egregious actions. Regulations have been lifted or now contain loopholes.

This is why people want Citizens United overturned. We need new legislation that will limit monopoly power, increase corporate liability/responsibility to allow people to continue to sue corporations for murder, human rights violations, fraud, etc., but to remove personhood status in terms of campaign donations, etc.  Because corporations enjoy this status, they can buy politicians, thus enabling them to further influence beneficial legislation and appointments.

The system allows for this corruption. THAT is the problem. Until we make that illegal, corporations can continue to buy out our government. How do we make that illegal? Petition our government. Yes, that’s right, the same government that has been bought by corporations. The same government that ignores petitions, letters, and voter promises. So we petition in public spaces using our voices and our bodies. As we have already witnessed, we are silenced, beaten, and arrested.

So then…what next?

1. We must amend the Constitution - get Citizens United overturned. End corporate lobbying power. Get money out of congress. This is no small task. (http://www.usconstitution.net/constam.html#process)  This has ALWAYS been done through Congress (the very group we are trying to limit money flow to…do you think they will be eager to promote this move)?  Thus, we must either support Bernie Sanders’s amendment or the never before used option of convention of states.

2. Petition so long and so visibly on congress’ front lawn that the People’s will cannot continue to be ignored without also dropping the facade of serving the People. Congress will either bow to the People’s will, or they will cause a revolution.

3. Short of a revolution, on a long term basis, we must get incumbents out of house and senate. We must clean house. All House Reps are up for re-election every two years and 1/3 of senate every two years. If we cannot impeach, we must vote out. We need to pick outside candidates who do not have a history of getting into bed with moneybags.

4.  Make it possible to have a legit multi-party race. Given the developing format of information dissemination, runners should not need to spend millions on campaigns. We should plan for televised debates, where the money goes equally to all nominees and each have the same amount of time to win us over. .  We already do this with presidents. Now we just need more direct control over who gets nominated. It shouldn’t be whoever can afford the most ads. 

fightjunknotpunk

Despite the fact that Congress was supposed to be out of session until the end of January, the Judiciary Committee has just announced plans to come back to continue the markup this coming Wednesday. This is rather unusual and totally unnecessary. But it shows just how desperate Hollywood is to pass this bill as quickly as possible, before the momentum of opposition builds up even further.

More from PCMag.com:

A committee spokeswoman said today that if the House is in session on Wednesday, SOPA will be on the agenda.

The Senate, meanwhile, is prepping to take on the SOPA-esque PROTECT IP act in late January.

House committee members adjourned Friday without voting on SOPA and said they would reconsider the legislation in 2012. Over the weekend, however, House leadership announced that the chamber would be in session on Monday and Tuesday and possibly on Wednesday.

"The … Stop Online Piracy Act markup will resume on Wednesday at 9am if the House is in session," a spokeswoman said today. "We do not have any additional information at this time."

The committee started debating proposed amendments to SOPA on Thursday around 11am, continuing well into the night. They reconvened Friday morning, but adjourned after considering about 25 amendments—without a final vote.

Know Your Rights during an Arrest (United States)

No. Police are not required to tell you what you’re being arrested for. Within 72 hours you have right to be brought before a judge or released. When brought before a judge, that’s when the charges against you will be read.

Nevertheless, at the time of arrest, police will typically give you a basic explanation for why you’re being taken into custody. Remember to keep your mouth shut and ask for a lawyer.

Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID. 

Be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.

Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, the probable cause standard requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.

Common examples of probable cause include the sight or smell of contraband in plain view or plain smell, or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest.

Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are notconsidered probable cause.

Videotaping or photographing police in public places is usually legal, so long as you don’t interfere their ability to do their job. Nonetheless, police generally don’t like being watched or documented and will often respond aggressively. 

Citizens are frequently arrested for videotaping police, and the charges are later dropped. Regardless, video is uniquely effective in revealing guilt and exonerating the innocent — for both police and citizens. See examples of this hereherehere, and here.

If you’re videotaping or photographing police, make sure you don’t interfere. If you’re arrested, “obstruction” is the most likely charge, and you’ll want to be able to defend against it.

If you acquire video or photographic evidence of police misconduct, create and secure copies of the evidence. Then forward copies to local police monitoring groups such as civilian review boards, and local ACLU, NLG, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.

For an excellent defense of why it should never be illegal to videotape police, click here. 

If you’re arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge within 72 hours and charged. And you have the right to be treated fairly under the law.

If you’re arrested, don’t rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I’m going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They’re your best protection if you’re under arrest.

Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.

Article from Denver news station KDVR back in August, 2010:

With more and more ways to take pictures or images, police departments are lobbying state legislatures to pass laws which in effect allow them to operate without public oversight.

"It’s not right," said Colorado Attorney General, John Suthers. “We think that allows police agencies, who are public employees, working for tax payers, to operate outside the First Amendment.”


The First Circuit Court of Appeals Ruled that Citizens Can Videotape Police:

The First Circuit Court of Appeals, highest court in New England region, reached a crucial decision in August (2011) allowing the public to videotape police officers while they’re on the clock. 

"The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity]. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs.  Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."

The Court further stated that such protections should have been clear to the police all along, noting that the right to videotape police carrying out their duties in a public forum is “fundamental and virtually self-evident”, particularly on the Boston Common—the “apotheosis of a public forum.”

"Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw," the Court continued. "The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status."

The court concluded, “In our society, police officers are expected to endure significant burdens caused by citizens’ exercise of their First Amendment right.”

"[T]hough not unqualified, a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."

For UK protesters, please see:

YourRights.org.uk

England/Ireland

Scotland

Wales

For Aussie protesters, please see:

Here

Here

Just ask for any other country, and I can look it up for you. 


charlieusername

charlieusername:

Whether or not you agree with the “Occupy” movement, there is no denying that Los Angeles Mayor Antonio Villaraigosa and the LAPD blatantly broke United States Constitutional law, in addition to violating the California Civil Code which they have sworn to uphold.

Section 52.1 of the California Civil Code clearly states: “Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured.” Keep that in mind as you read about some of the activities that took place last night.

During the sweep of the park in front of Los Angeles City Hall, Mayor Villaraigosa declared there would be a “First Amendment area” of the park. Last time I checked, the whole of the United States is a First Amendment area! 
The First Amendment of the U.S. Constitution, which guarantees freedom of the press, was 
violated by the LAPD, who declared that only media with LAPD-issued badges would be allowed in the vicinity of City Hall. Only a select number of pre-determined media endorsed by the LAPD were permitted to cover the events of last night’s raid. Members of the press who were not LAPD sanctioned were subject to arrest. (It’s worth noting that members of independent online brodcaster, Ustream, were detained by officers.)

The Fourth Amendment of the U.S. Constitution was violated, as unconvicted arrestees are having their DNA sampled by way of mouth swabs. These individuals were detained by officers, but were not formally convicted of any crime. The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Emphasis placed by me.)

Despite all these facts, the protestors and occupiers are, in the eyes of the law, the media, the general population, and our elected officials, are the ones breaking the laws of the United States. Land of the free, indeed.

The young movement has lawyered up and filed lawsuits asserting freedom of speech and assembly in federal courts in CincinnatiSacramentoNashvilleDallas andAtlanta, to name a few places.

These lawsuits, launched throughout October and November, are attempts by demonstrators to remain in their encampments while protesting government policies and influential corporations that they hold responsible for America’s lopsided economic system.

CITIGROUP is lucky that Muammar el-Qaddafi was killed when he was. The Libyan leader’s death diverted attention from a lethal article involving Citigroup that deserved more attention because it helps to explain why many average Americans have expressed support for the Occupy Wall Street movement. The news was that Citigroup had to pay a $285 million fine to settle a case in which, with one hand, Citibank sold a package of toxic mortgage-backed securities to unsuspecting customers — securities that it knew were likely to go bust — and, with the other hand, shorted the same securities — that is, bet millions of dollars that they would go bust.

It doesn’t get any more immoral than this. As the Securities and Exchange Commission civil complaint noted, in 2007, Citigroup exercised “significant influence” over choosing $500 million of the $1 billion worth of assets in the deal, and the global bank deliberately chose collateralized debt obligations, or C.D.O.’s, built from mortgage loans almost sure to fail. According to The Wall Street Journal, the S.E.C. complaint quoted one unnamed C.D.O. trader outside Citigroup as describing the portfolio as resembling something your dog leaves on your neighbor’s lawn. “The deal became largely worthless within months of its creation,” The Journal added. “As a result, about 15 hedge funds, investment managers and other firms that invested in the deal lost hundreds of millions of dollars, while Citigroup made $160 million in fees and trading profits.”