Posts tagged with: Law/Crime

SurveillanceAs surveillance technology continues to cost less, we live in a world in which our activities are being increasingly monitored. And it’s not just the NSA doing it–even employers are utilizing surveillance technology in the workplace. The basis for this surveillance has been to catch employees abusing work time (e.g. scrolling through Facebook posts), to protect against sexual harassment and discrimination lawsuits, and to discover if any company secrets are being leaked. It also helps deter workers from breaking the rules if they know they are being watched. Workplace surveillance is something that all employers will have to carefully consider. Take Ryan Tate, for example, the CEO of a Christian publishing firm who fired 25 employees over an anonymous email. In a recording of a business meeting that was leaked, Tate can be heard threatening to use electronic records to discover those involved.

Could employers, even Christian ones, be going too far in some cases? What happens if your employer discovers personal information that doesn’t have anything to do with work? And is this surveillance even legal, or is it an invasion of privacy rights? (more…)

7figuresLast week the State Department released the 2014 Trafficking in Persons Report, a congressionally mandated report that looks at the governments around the world (including the U.S.) and what they are doing to combat trafficking in persons – modern slavery – through the lens of the 3P paradigm of prevention, protection, and prosecution.

Here are seven figures you should know from the latest report:
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corporations_are_people_too_by_biotwist-d4hnskt[Note: “Argument Outline” is a new occasional series that provides summaries of religious, economic, and public policy arguments presented in the public square.]

The Religious Freedom Restoration Act (RFRA) states that government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except in certain conflicts with a compelling governmental interest. That seems straightforward enough, but what does this law mean when it refers to a “person”? For instance, can a corporation like Hobby Lobby be a person under this Act?

Even some people who are sympathetic to Hobby Lobby’s fight to avoid being forced to violate their conscience may wonder if it makes sense to give such broad-based religious liberty protections to corporate entities. But in a recent article in the Harvard Law Review, Alan Meese and Nate Oman make the case that the most natural reading of the term ‘person’ in RFRA includes for-profit corporations, and why they should be afforded the same religious freedoms as individuals.

The following is a summary outline of the argument they present in this law review article:
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prison-rape-ad“Prison rape occupies a fairly odd space in our culture,” wrote Ezra Klein in 2008, bringing to the fore a subject that is still too often ignored. “It is, all at once, a cherished source of humor, a tacitly accepted form of punishment, and a broadly understood human rights abuse.”

We are justifiably outraged by the human rights abuses occurring in foreign lands. Why then are we not more outraged by atrocities here in our own country? Our reactions to the problem range from smirking indifference to embarrassed silence. But how can we be indifferent and silent when, as reports by the National Prison Rape Commission continue to show, rape and other forms of sexual assault are becoming endemic to our prison system?

In 2004 the corrections industry estimated that 12,000 rapes occurred per year—more than the annual number of rapes reported in Los Angeles, Chicago and New York combined. Three years later a survey by the U.S. Department of Justice found that more than 60,000 inmates claimed to have been sexually victimized by prison guards or other inmates during the previous 12 months.
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7figures“Inmates are still people, and therefore need to be treated as such, with all the challenges and potential that face all human persons,” says Acton research fellow Jordan Ballor. “One of the things it means to treat someone with the dignity they deserve as a human being is to not subject them to conditions where the threat of rape is rampant.”

Earlier this year, the Bureau of Justice Statistics reported on one of the most overlooked threats to prisoner dignity — sexual victimization by correctional authorities. Here are seven figures from that report:
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article-photo-Elaine“This ruling is more in the spirit of Nero Caesar than in the spirit of Thomas Jefferson,” said Russell D. Moore. “This is damaging not only to the conscience rights of Christians, but to all citizens.”

Moore, the president of the Ethics & Religious Liberty Commission, was responding to the U.S. Supreme Court’s refusal to rule on a case involving Elane Photography and its owners Jonathan and Elaine Huguenin. According to the Alliance Defending Freedom (ADF), Elaine received an email in 2006 asking her to photograph a “commitment ceremony” between Vanessa Willock and her same-sex partner. Willock asked if Elaine would be “open to helping us celebrate our day . . . .” Elaine politely declined to use her artistic talents to express a celebratory message at odds with her deep convictions. (Elaine had previously declined requests from others for things such as nude maternity photos.)

Willock, a licensed attorney who has served in various paid “diversity” positions, filed a complaint with the New Mexico Human Rights Commission. After a one-day administrative trial in 2008, the commission ruled against the Huguenins and ordered them to pay $6,637.94 in attorneys’ fees. The case made its way through the state court system, with the New Mexico Supreme Court ultimately affirming the commission’s coercive decision. In an ominous concurring opinion, one justice wrote that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” adding “it is the price of citizenship.”

ADF attorneys representing the Huguenins are presenting only one claim to the U.S. Supreme Court—that the punishment of Elane Photography violates the constitutionally protected freedom “not to speak,” known as the compelled speech doctrine.

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hobbylobby1The Supreme Court recently heard oral arguments in the Hobby Lobby contraception case. But which arguments will have the most influence on the justices? Michael McConnel, a respected Religion Clauses scholar from Standford, explains which four arguments are most likely to be important:

Cutting through the politicized hype about the Hobby Lobby and Conestoga case (“Corporations have no rights!” “War on Women!”) the Justices during oral argument focused on four serious legal questions, which deserve a serious answer:

(1)  Could Hobby Lobby avoid a substantial burden on its religious exercise by dropping health insurance and paying fines of $2,000 per employee?

(2)  Does the government have a compelling interest in protecting the statutory rights of Hobby Lobby’s employees?

(3)  Would a ruling in favor of Hobby Lobby give rise to a slippery slope of exemptions from vaccines, minimum wage laws, anti-discrimination laws, and the like?

(4)  Has the government satisfied the least restrictive means test?

I think the answer to all four questions is “no.” I offer brief thoughts on each below.

Read more . . .

wallet-lockWhen bank robber Willie Sutton was asked why he robbed banks, he is (mis)quoted as having said, “Because that’s where the money is.” Turns out that is also why there is more street crime in poorer neighborhoods: because that’s where the cash is. Or at least it’s where the case was.

It has been long recognized that cash plays a critical role in fueling street crime due to its liquidity and transactional anonymity. In poor neighborhoods — where street offenses are concentrated — a significant source of circulating cash stemmed from public assistance or welfare payments. But starting in the 1990s that changed, as the Federal government gradually phased out paper welfare checks in favor of electronic debit cards (the Electronic Benefit Transfer [EBT] program).

A team of researchers studied the effects of this change in Missouri and found that it was directly responsible for a hefty 10 percent drop in the overall crime rate:
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protestersgaAs noted previously this week, U.S. District Judge Lewis Kaplan shot down a $9.5 billion (reported in some news accounts as $6 billion) judgment against Chevron for allegedly bespoiling Ecuadorian wilderness in cahoots with PetroEcuador. Judge Kaplan exonerated Chevron, and had some particularly nasty things to say about Steven Donziger, the attorney who sued the oil company for $113 billion.

I pointed out that Donziger’s since-discredited claims were taken up quickly by religious shareholder activists, many who submitted resolutions requesting that Chevron concede to Donziger’s extortion. Attach the “environmental disaster” epithet to any given legal claim and some leftists will buy it at face value. Mother Superior jumped the gun – before waiting for the courts to determine if Chevron would be exonerated. Indeed, Donziger’s charges were found without merit – as well as completely fraudulent, and the initial judgment rendered by the Ecuadorian court was found to have resulted from bribery, coercion and a vast public relations conspiracy consisting of half-truths, lies and bald-faced lies. (more…)

Billboard_Anti_Trafficking_I_45Let’s stick with the hunting metaphor for a moment. In terms of our justice system, “johns” have pretty much been “catch and release.” You catch the (usually) guy, slap him with a misdemeanor, and let him go. Don’t want to embarrass him, his family, put his job in jeopardy.

Thankfully, with rising awareness of human trafficking, this is changing. In today’s New York Times, columnist Nicholas Kristof sheds some light on what’s happening in Chicago. (more…)