Category: The Americas

Mass transit plea

Having been rather frustrated by the lack of much serious discussion of guiding any of the so-called stimulus money towards investment in much needed mass transit infrastructure upgrades, I decided to compose a letter to my two Senators and one local Representative asking them to work towards this agenda. I’ve attached my text below, and I implore registered USA voters to send a similar letter to their own congressional delegation, and to pass along a request to potentially interested registered voters you know. So few people actually write politicians on these issues that a surprisingly small number of contacts can, on occasion, spur them to take at least a mild stand on an issue. This is the first time in many years that Congress has even considered taking an interest in mass transit/rail investment and we mustn’t let it pass Continue reading Mass transit plea

Shimamoto v. United and Japan’s legal attitudes toward alcohol

One of the odder legal stories of 2008 may have been a certain lawsuit against United Airlines by a certain Yoichi Shimamoto and his wife Ayisha. FlyerTalk had a big thread on it. Here’s a quick summary of what happened:

The Shimamotos were on a United flight from Japan to the US in business class, where alcohol is free and generally quite readily dispensed. Mr. Shimamoto became thoroughly trashed on the flight, and apparently a little belligerent. After deplaning at their first stop in San Francisco, while the couple was waiting in the immigration line, they got into an altercation of some sort and Mr. Shimamoto started beating his wife in public. He was arrested for assault, tried and convicted, and sentenced to probation in California followed by deportation to Japan.

Then it gets really weird. First, Mrs. Shimamoto successfully petitioned to have Mr. Shimamoto’s probation transferred to Florida, where Mrs. Shimamoto had a house. Then, with Mr. Shimamoto safely parked somewhere around Orlando, the couple sued United in Florida for Mrs. Shimamoto’s physical injuries and Mr. Shimamoto’s legal expenses, claiming that United should not have served more alcohol to Mr. Shimamoto while he was obviously wasted out of his mind. After a couple of weeks of spirited online discussion between armchair pundits, the Shimamotos withdrew their case. Perhaps United offered a settlement of some kind–the news reports do not say.

* * *

Although the gut reaction of most is to say “Ah-ha! Frivolous American litigiousness strikes again!” it’s actually quite easy for a booze server to incur tort liability because of their drunken patrons’ malfeasance. Every US state has some sort of “dram shop act” which imposes this sort of liability. Sales to minors are pretty much universally a basis for seller liability, and sales to the visibly intoxicated can lead to liability in many states.

Extending this general concept to an airline is not that illogical, although perhaps inconsistent with the fact that airplanes don’t really fall under a particular state’s jurisdiction while in flight (although the airlines themselves, which are tied firmly to the ground, might). Another hurdle is that most international flights fall under the Warsaw Convention, which caps the carrier’s liability for physical or property damage to passengers.

Of course, the real oddity in the Shimamotos’ case is that it wasn’t just the battered wife who sued–it was also her husband, who wasn’t really hurt except to the extent that he got himself in legal trouble. Still, the question of making airlines responsible for cutting off their patrons is an interesting one, and it may someday be solved in court by a more credible group of litigants.

* * *

A few posters at FlyerTalk have raised the question of whether Japanese law (and, by extension, society) condones or even encourages the practice of passing blame to the liquor or its server.

To some extent, this idea is actually getting traction in Japanese law, at least as far as The State is concerned. Anyone who eats out regularly in Japan has probably noticed the growing number of establishments that proudly state they will not serve alcohol to customers who come by car–this is largely because Japan’s revised Road Traffic Law of 2007 makes it a criminal offense for a restaurant or bar to provide alcohol to a person “at risk of” drunk driving. Another example is serving booze to minors, a crime under the “Fuzoku Eigyo” Act (which governs the nightlife industry generally) which can land the proprietor in jail.

Civil liability between private parties is a different story, though. It’s pretty well known that Japan is not a very litigious society–depending on which expert you ask, this is either because of cultural reasons (aversion to argument) or economic reasons (filing fees in Japanese courts are based on claim amount, so big lawsuits on a marginal basis are uneconomical to file, whereas the US system of charging flat filing fees encourages outlandish claims that can be whittled down through negotiation). So it shouldn’t come as much of a surprise that suing the bar for the drunkard’s acts has been less of a question in the Land of the Rising Nama.

It does come up, though. The scariest case for the bartender must be a 2001 case in Tokyo (noted in the Japanese Wikipedia article on drunk driving) where a group of friends drank for seven hours straight, got in a car and ran over a 19-year-old girl. The driver got seven years in prison, but his friends were found civilly liable to the tune of 58 million yen for having the guy drink while they knew he was getting behind the wheel. But in a more distant commercial context, there seems to be some reluctance to extend liability like this. Take one case in Saitama last year where families of victims of a drunk driving spree demanded that the barkeep’s criminal responsibility was as great as the driver’s. The judge handed down a suspended sentence for the alcohol providers, claiming that “there is no evidence that [they] expected the driver to act so recklessly (運転者の常軌を逸した暴走行為まで予見していた証拠はない).”

What’s the conclusion? Japan has a looser attitude toward alcohol in many ways (when’s the last time you’ve been carded here?) but its system can be pretty harsh on people who completely ignore its dangers. Thankfully, Mr. Shimamoto wouldn’t have much legal support under either system: the only tangible difference between the two countries in his case is that he can actually afford to waste the court’s time in the US.

Old news of Montclair

I decided earlier today to write something about Montclair, the town where I grew up in New Jersey, and spent a few minutes looking through the free NYT archives to see what I could find. That post will be up another day, but here are a few of the amusing articles I turned up.

Graham and Kim

Our friend Curzon over at the Cominganarchy blog posted last week an excellent piece on the history of the involvement between the familes of the Reverend Billy Graham and the Kim dynasty of North Korea. The connections are, as usual, longer and more interesting than one would expect from just reading the news. I highly recommend reading it.

The Masonic Bible

Slate’s Explainer column is always a good read, but this week’s installment on the bibles used for presidential inaugurations was particularly amusing.

George W. Bush wanted to use the Washington Bible for his first inauguration, as his father had done, but the plan was foiled by drizzly weather. The Masons are extremely careful with the Washington Bible: They refuse to let the artifact be X-rayed at airport security and demand that the president be the only one who touches it without gloves.

Drug war roundup

I know we have a lot of fans of The Wire on here, and I think we’ll all appreciate this series on the drug war by Culture 11 magazine. The link is to an anti drug-war piece, which itself links to a pro drug-war piece, a piece specifically on the insanity of marijuana prohibition, and then some debate between the sides. It really is the height of madness that, as a society, we aggressively promote the consumption of the two deadly drugs of alcohol and nicotine and the one moderately safe drug of caffeine (which, did you know, can be freebased like cocaine?) while devoting endless resources to combatting the production, trade, distribution and consumption of every other category of recreational drug. I would be perfectly happy to see 100% legalization of all recreational drugs for adults, replacing the entire drug war aparatus with a moderate boost in traffic cops to manage DUI cases, which are probably the main way that legal drug use can directly harm people besides the user. Of course drug use causes harm to society, but I don’t see how even unrestrained drug use by everyone who wants to go down that road could possibly cause even a fraction of the damage that has been caused by the drug war itself.

[Update] One of the comments on that first piece links to this opinion piece in Time Magazine by the chief three writers of The Wire, in which they suggest that the best way to fight the drug war is through massive civil disobedience.

If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented. Save for a prosecution in which acts of violence or intended violence are alleged, we will — to borrow Justice Harry Blackmun’s manifesto against the death penalty — no longer tinker with the machinery of the drug war. No longer can we collaborate with a government that uses nonviolent drug offenses to fill prisons with its poorest, most damaged and most desperate citizens.

Jury nullification is American dissent, as old and as heralded as the 1735 trial of John Peter Zenger, who was acquitted of seditious libel against the royal governor of New York, and absent a government capable of repairing injustices, it is legitimate protest.

They make an interesting case. Of course, if I publically stated here that I was willing to make the same pledge, I might be disqualified from ever serving on such a jury, so I’m going to officially call it a “clever theoretical exercise in civil disobedience as a means of protest”.

Chinese economy now #3

China has edged above Germany to become the world’s third largest economy, based on newly revised GDP data:

China’s economy leapfrogs Germany

A Chinese farmer transports his produce.

The Chinese government has increased its estimate of how much the economy grew during 2007.

The revision means China’s economy overtook Germany’s to become the world’s third largest in 2007.

Gross domestic product expanded 13%, up from an earlier estimate of 11.9%, to 25.7 trillion yuan ($3.5 trillion).

The BBC tries to play this down (“Many Chinese people have not benefited from the boom”), but let’s use some simple algebra with vaguely realistic numbers pulled out of thin air to take a look at some rough growth scenarios:

China vs. Japan

  • Scenario 1: Given zero growth in Japan’s economy vs. 8% annually for China, China will overtake Japan in 2011.
  • Scenario 2: 2% growth in Japan vs. 6% for China = China overtakes Japan in  2014.
  • Scenario 3: 2% growth in Japan vs. 4% for China = China overtakes Japan in 2021.

China vs. US

  • Scenario 1: Given 2% growth in the US economy vs. 8% annually for China, China will overtake the US in 2034.
  • Scenario 2: 3% growth in the US vs. 6% for China = China is top economy in 2057
  • Scenario 3: 2% growth in the US vs. 4% for China = China rules us all in 2080.

So barring some major calamity or re-Maoization, China will overtake Japan as the #2 economy in a few years. The US seems a little safer but numbers like this make you sit up and pay attention to the Business section!

Goodbye New Jersey?

From the current NYT:

Dr. Chu faces a variety of conflicting mandates. For example, he said that using more renewable energy is a national priority and thus will require a national electric grid. To help create such a grid, a 2005 law gives the department the authority to designate high-priority corridors, to overrule local objections to new power lines. But Senator Robert Menendez, a Democrat, complained that the department had designated his entire state, New Jersey, as part of a corridor. Mr. Chu promised to investigate.

Does this mean that our entire state will be paved over? Having all the turnpike jokes come true would be very traumatic.

“Successful entrepreneur” offers free video on how to make money… obviously not a scam

This “press release” for “infinite cash secrets” is datelined from my hometown.  Google helpfully sent this to me in the form of a News Alert. Looks like since I left Somers has become a hotbed of multi-level marketing scams:
Shawver has achieved his online success by using the principles found in a program called The Infinite Income Plan.

“The Infinite Income Plan allows members of our team to consistently earn $5,000-10,000 dollar weeks by combining its state of the art back office with it’s vast array of cutting edge tools, with even more advanced and state of the art tools we provide to our team,” according to Shawver.

Shawver recognizes that just being handed a plan doesn’t mean that people will put that plan into action, and if they aren’t willing to put some time and effort into it, they won’t succeed.
 

How far does the economy have to tank before we are all Nigerians?
 
On a related note, I am totally in love with this site Skeptoid, a podcast (with transcripts) dedicated to debunking pseudoscientific junk like Reiki and homeopathy. While the site is generally a gold mine (see my favorites on how to argue with a creationist and the myth of peak oil), most relevant to the topic at hand is his take-down of pyramid schemes called “Bend Over and Own Your Own Business.” To wit:
 

Here’s a typical way this works. You see an ad in the paper or on the Internet promising financial freedom, owning your own business. For some fee, say $500, you can become a authorized sales agency for XYZ Company, which sells timeshare condominiums or some other product or service. In exchange for your $500, XYZ Company will provide you with qualified leads, and you are free to pursue those leads however you see fit. Call them on the phone, knock on their door, chase them down on the street and make dramatic flying dive tackles, do whatever you can do (at your own expense, of course; you are self-employed), and hopefully get some sales. You, of course, do not have any timeshare condominiums yourself, XYZ Company does; so you need to spend a portion of the money you earned from the sale to have XYZ Company provide the product to the customer. Everything works out swell for everyone. The customer got his timeshare; you earned a profit; and XYZ Company made a sale. So what’s the problem?

Well, your friend Bob was applying for a job at ABC Company at the same time you were selling your old record albums to raise the $500. Bob was given a nice office at ABC Company, was freely handed the same list of leads that XYZ Company made you pay for, and he proceeded to make phone calls on ABC Company’s phone bill until he made a sale. ABC Company paid him a handsome commission, deducted nothing from it, and Bob went home for the day, secure with his employee benefits package. Bob is not only $500 richer than you, he incurred no costs of his own, and ran no risk of being poor since most salespeople like Bob are paid base salaries.

But I understand why you don’t want to turn green with envy. After all, you have your freedom and are self-employed! Bob is not, Bob has to answer to his boss; and that’s a lifestyle you don’t want no matter how nice of a BMW Bob gets on a company lease. Your friend Red feels the way you do. Red is an independent sales rep. He sells products from various companies, and earns a nice commission on every sale. He comes and goes as he pleases, and answers to no man. But when you ask Red how much he had to pay each of his companies for the business opportunity, he looks at you like you’re from Neptune. Red explains “You don’t pay companies to be their sales rep, they pay you.”

And now you see how you’ve been taken advantage of. XYZ Company has sold you on becoming their sales agent, working at your own expense and at your own risk, and also managed to take $500 from you for no good reason. If you wanted to be an independent sales agent, fine; you could easily have gone and represented any of the same companies that Red sells for, and not paid them a dime.

Japan as a model for American prison reform?

The Washington Post has a very interesting article on Senator James Webb (D – VA)’s campaign to reform US criminal justice and prisons. Webb seems to be among the few senators who actually realizes how broken the US justice system is, with its obscene incarceration rate and often stiff penalties for minor violations. This is all to his credit, and I hope he succeeds in achieving some level of reform, but this is not the part of the article that caught my attention. Here it is:

Somewhere along the meandering career path that led James Webb to the U.S. Senate, he found himself in the frigid interior of a Japanese prison.

A journalist at the time, he was working on an article about Ed Arnett, an American who had spent two years in Fuchu Prison for possession of marijuana. In a January 1984 Parade magazine piece, Webb described the harsh conditions imposed on Arnett, who had frostbite and sometimes labored in solitary confinement making paper bags.

[…]

In his article about the Japanese prisons, Webb described inmates living in unheated cells and being prohibited from possessing writing materials. Arnett’s head was shaved every two weeks, and he was forbidden to look out the window.

Still, Webb said, the United States could learn from the Japanese system. In his book, “A Time to Fight,” he wrote that the Japanese focused less on retribution. Sentences were short, and inmates often left prison with marketable job skills. Ironically, he said, the system was modeled on philosophies pioneered by Americans, who he says have since lost their way on the matter.

I must admit that I know absolutely nothing about the history of prisons in Japan, and for that matter embarrassingly little about the history of prisons in the US. How much are Japanese prisons really modeled after American theories? Certainly the Japanese court system tends to give out shorter sentences for at least certain types of crime, but is there any truth to the idea that inmates leave with job skills? I could easily imagine that an ex-con in Japan is even more stigmatized in the job market than one in the US.