maelorin: (Default)
here in australia, we do not have a bill or rights. or any comprehensive statement of individual and/or collective rights. our constitution provides very few guarantees for us, the people. unlike the usa or canada. indeed a great many industrialised democracies. practically all of our legal rights are set out in subordinate legislation. and further complicate dby the federal-state-territory distribution of powers and responsibilities.

the many arguments for and against a bill of rights in australia have been neatly summarised elsewhere by one of our high court justices, justice michael kirby (an internationally respected human rights jurist).

into this mess, we have the notion of the universal id card as a panacea for all manner of ills and wrongs. some of which arise because we lack a definitive statement of the rights, privileges and responsibilities of individuals in our society.


mr howard, 'our' prime minister briefly supported a call from a state premier to introduce a national id card.

the age has since reported that the (federal) govt rules out national id card scheme.


as a bit of background, when a previous government suggested intorducing such a system, among it's loudest detracters was mr howard.

it's a very curious thing to see how easily even politicians are affected by their own efforts to induce short-term memory in the population.
Mood:: 'cynical' cynical
maelorin: (Default)
here in australia, we do not have a bill or rights. or any comprehensive statement of individual and/or collective rights. our constitution provides very few guarantees for us, the people. unlike the usa or canada. indeed a great many industrialised democracies. practically all of our legal rights are set out in subordinate legislation. and further complicate dby the federal-state-territory distribution of powers and responsibilities.

the many arguments for and against a bill of rights in australia have been neatly summarised elsewhere by one of our high court justices, justice michael kirby (an internationally respected human rights jurist).

into this mess, we have the notion of the universal id card as a panacea for all manner of ills and wrongs. some of which arise because we lack a definitive statement of the rights, privileges and responsibilities of individuals in our society.


mr howard, 'our' prime minister briefly supported a call from a state premier to introduce a national id card.

the age has since reported that the (federal) govt rules out national id card scheme.


as a bit of background, when a previous government suggested intorducing such a system, among it's loudest detracters was mr howard.

it's a very curious thing to see how easily even politicians are affected by their own efforts to induce short-term memory in the population.
Mood:: 'cynical' cynical
maelorin: (transmetro)
posted by [personal profile] maelorin at 01:52pm on 25/07/2005 under , , , , ,

Thursday, July 14, 2005

Real ID Act ruling [US DC]
10:20 PM ET

Enwonwu v. Chertoff, et al., US District Court for the District of Massachusetts, July 13, 2005 [ruling chastising Congress for a "virtually unprecedented" attack on judicial independence and for putting a "chokehold" on federal courts by removing, via the Real ID Act, their authority to hear deportation cases]. Excerpt:
For 217 years, through boom and bust, insurgency, civil war, and terrorist attack, this Court--the oldest United States District Court in America--has carefully and prudentially administered the Writ of Habeas Corpus to secure the rights of the individual against overreaching by the executive.

Mr. Enwonwu commenced his action in this Court on March 17, 2005, had an initial hearing 25 days later, and a full evidentiary hearing two weeks after that. This Court took the matter under advisement and commenced a detailed and reflective analysis of an evidentiary record both complex and deeply disturbing.

Then on May 11, 2005, the Congress stripped this Court of jurisdiction to act in this pending case and all others like it. Though such direct congressional interference in a pending case is virtually unprecedented in all our history, this surprising mandate has gone utterly unnoticed by our people. Evidently, only where an American jury sits to validate the separation of powers among the three branches is trial court jurisdiction immune from such peremptory congressional action.

How can this be in modern day America?
Read the full text of the opinion here. Reported in JURIST’s Paper Chase here.
Mood:: 'indescribable' indescribable
Music:: Adam Ant - Kings Of The Wild Frontier
maelorin: (transmetro)
posted by [personal profile] maelorin at 01:52pm on 25/07/2005 under , , , , ,

Thursday, July 14, 2005

Real ID Act ruling [US DC]
10:20 PM ET

Enwonwu v. Chertoff, et al., US District Court for the District of Massachusetts, July 13, 2005 [ruling chastising Congress for a "virtually unprecedented" attack on judicial independence and for putting a "chokehold" on federal courts by removing, via the Real ID Act, their authority to hear deportation cases]. Excerpt:
For 217 years, through boom and bust, insurgency, civil war, and terrorist attack, this Court--the oldest United States District Court in America--has carefully and prudentially administered the Writ of Habeas Corpus to secure the rights of the individual against overreaching by the executive.

Mr. Enwonwu commenced his action in this Court on March 17, 2005, had an initial hearing 25 days later, and a full evidentiary hearing two weeks after that. This Court took the matter under advisement and commenced a detailed and reflective analysis of an evidentiary record both complex and deeply disturbing.

Then on May 11, 2005, the Congress stripped this Court of jurisdiction to act in this pending case and all others like it. Though such direct congressional interference in a pending case is virtually unprecedented in all our history, this surprising mandate has gone utterly unnoticed by our people. Evidently, only where an American jury sits to validate the separation of powers among the three branches is trial court jurisdiction immune from such peremptory congressional action.

How can this be in modern day America?
Read the full text of the opinion here. Reported in JURIST’s Paper Chase here.
Mood:: 'indescribable' indescribable
Music:: Adam Ant - Kings Of The Wild Frontier
maelorin: (eye)
Thursday, July 14, 2005

Microsoft patent ruling [Federal Circuit]
9:47 PM ET

US Court of Appeals for the Federal Circuit, July 14, 2005 [ruling upholding a lower court decision that Microsoft Corp. was liable for infringing on an AT&T Corp. patent for converting speech into computer code in copies of Windows operating system sold abroad]. Excerpt:
Microsoft’s impassioned recitation of a parade of horribles that may befall the domestic software industry — such as the relocation of manufacturing facilities overseas — provides an insufficient basis for reaching a different result in this case.
Read the full text of the opinion here [PDF]. Reported in JURIST’s Paper Chase here.
it's such a shame when the most cashed up corporation on the planet gets told to stop whining, and play by the same rules as everyone else. [how will they cope with only making a profit?]

particularly when the very same corporation is well know for it's excessively aggressive pursuit of anyone who it feels just might be using somehting that could fall under one of their many many purchased patents.
Music:: Adam Ant - Dog Eat Dog
Mood:: 'indescribable' indescribable
maelorin: (eye)
Thursday, July 14, 2005

Microsoft patent ruling [Federal Circuit]
9:47 PM ET

US Court of Appeals for the Federal Circuit, July 14, 2005 [ruling upholding a lower court decision that Microsoft Corp. was liable for infringing on an AT&T Corp. patent for converting speech into computer code in copies of Windows operating system sold abroad]. Excerpt:
Microsoft’s impassioned recitation of a parade of horribles that may befall the domestic software industry — such as the relocation of manufacturing facilities overseas — provides an insufficient basis for reaching a different result in this case.
Read the full text of the opinion here [PDF]. Reported in JURIST’s Paper Chase here.
it's such a shame when the most cashed up corporation on the planet gets told to stop whining, and play by the same rules as everyone else. [how will they cope with only making a profit?]

particularly when the very same corporation is well know for it's excessively aggressive pursuit of anyone who it feels just might be using somehting that could fall under one of their many many purchased patents.
Mood:: 'indescribable' indescribable
Music:: Adam Ant - Dog Eat Dog
maelorin: (Default)
Music:: Adam Ant - Goody Two Shoes
maelorin: (Default)
Music:: Adam Ant - Goody Two Shoes
maelorin: (Default)
posted by [personal profile] maelorin at 02:20pm on 25/07/2005 under , , ,
Music:: Adam Ant - Desperate But Not Serious
Mood:: 'thoughtful' thoughtful
maelorin: (Default)
posted by [personal profile] maelorin at 02:20pm on 25/07/2005 under , , ,
Music:: Adam Ant - Desperate But Not Serious
Mood:: 'thoughtful' thoughtful
maelorin: (Default)
Friday, April 15, 2005

Ku [Hofstra]: The Non-Debate on Bolton
9:23 PM ET

Julian Ku, Hofstra University School of Law:

"David Brooks defends Bolton's nomination today on very straightforward grounds: Bolton is opposed to creeping global governance in the form of the ICC and a strong U.N. Here's an excerpt:
They know we're not close to a global version of the European superstate. So they are content to champion creeping institutions like the International Criminal Court. They treat U.N. General Assembly resolutions as an emerging body of international law. They seek to foment a social atmosphere in which positions taken by multilateral organizations are deemed to have more "legitimacy" than positions taken by democratic nations. John Bolton is just the guy to explain why this vaporous global-governance notion is a dangerous illusion, and that we Americans, like most other peoples, will never accept it.
It is interesting that critics of Bolton have refused largely to attack him on policy grounds by, say, criticizing his opposition to the ICC, as Bill Kristol notes here, even though this seems to be the real basis for opposition. Instead, the critics have been scrounging up so-called Republicans like Carl Ford (who donate to Kerry and work for Democrats) to dish dirt on Bolton's management style. This is a classic Washington tactic but it also reveals how opponents of Bolton have been largely unable (or unwilling) to gain traction by exposing his supposedly far-right views." [April 15, 2005: Opinio Juris has the post.]
ooh! coz the un and the icc are so scarey ... wait ... no, they still don't have the bomb.

oh, ahng on. i got it wrong. this is about un-american behaviour ... <mutters something about mcartney ... mccarty ... something>
Music:: Adam Ant - Goody Two Shoes
Mood:: 'amused' amused
maelorin: (Default)
Friday, April 15, 2005

Ku [Hofstra]: The Non-Debate on Bolton
9:23 PM ET

Julian Ku, Hofstra University School of Law:

"David Brooks defends Bolton's nomination today on very straightforward grounds: Bolton is opposed to creeping global governance in the form of the ICC and a strong U.N. Here's an excerpt:
They know we're not close to a global version of the European superstate. So they are content to champion creeping institutions like the International Criminal Court. They treat U.N. General Assembly resolutions as an emerging body of international law. They seek to foment a social atmosphere in which positions taken by multilateral organizations are deemed to have more "legitimacy" than positions taken by democratic nations. John Bolton is just the guy to explain why this vaporous global-governance notion is a dangerous illusion, and that we Americans, like most other peoples, will never accept it.
It is interesting that critics of Bolton have refused largely to attack him on policy grounds by, say, criticizing his opposition to the ICC, as Bill Kristol notes here, even though this seems to be the real basis for opposition. Instead, the critics have been scrounging up so-called Republicans like Carl Ford (who donate to Kerry and work for Democrats) to dish dirt on Bolton's management style. This is a classic Washington tactic but it also reveals how opponents of Bolton have been largely unable (or unwilling) to gain traction by exposing his supposedly far-right views." [April 15, 2005: Opinio Juris has the post.]
ooh! coz the un and the icc are so scarey ... wait ... no, they still don't have the bomb.

oh, ahng on. i got it wrong. this is about un-american behaviour ... <mutters something about mcartney ... mccarty ... something>
Mood:: 'amused' amused
Music:: Adam Ant - Goody Two Shoes
maelorin: (Default)
posted by [personal profile] maelorin at 03:25pm on 25/07/2005 under , , , , , ,
having dragged my sorry ass through some recent commentary regarding "the shiavo case", including:

my take on it all comes down to this: there is a continuing power struggle going on - and that is what this case is really about: who has the power.

if the 'right to life' mobs win, things will become very difficult, very quickly, for a lot of people living in america. and by proxy, elsewhere that the usa can extend its influence.

[i have no illusions that the 'right to life' movements are a single, coherent group - any more that those who oppose them are coherent and coordinated.]




as freeland puts it "we want your soul" :
Read more... )

Mood:: 'nostalgic' nostalgic
Music:: freeland - we want your soul
maelorin: (Default)
posted by [personal profile] maelorin at 03:25pm on 25/07/2005 under , , , , , ,
having dragged my sorry ass through some recent commentary regarding "the shiavo case", including:

my take on it all comes down to this: there is a continuing power struggle going on - and that is what this case is really about: who has the power.

if the 'right to life' mobs win, things will become very difficult, very quickly, for a lot of people living in america. and by proxy, elsewhere that the usa can extend its influence.

[i have no illusions that the 'right to life' movements are a single, coherent group - any more that those who oppose them are coherent and coordinated.]




as freeland puts it "we want your soul" :
Read more... )

Music:: freeland - we want your soul
Mood:: 'nostalgic' nostalgic
maelorin: (Default)
posted by [personal profile] maelorin at 04:21pm on 25/07/2005

[livejournal.com profile] messyjessy

[livejournal.com profile] onia

congrats on making it round the sun once more!

maelorin: (Default)
posted by [personal profile] maelorin at 04:21pm on 25/07/2005

[livejournal.com profile] messyjessy

[livejournal.com profile] onia

congrats on making it round the sun once more!

May

SunMonTueWedThuFriSat
          1
 
2
 
3
 
4 5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31