3725 A Little Rebellion

Saturday, May 11, 2013

God grant me the serenity to accept stupid people the way they are,

the courage to maintain my self control,

and the wisdom to know that if I act on my feelings I will go to jail.

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Received in an email from a friend:

Carl Gibson, NationofChange / Op-Ed
Published: Thursday 9 May 2013

We all know corporations aren’t people.

An Easy, 4-Step Method to End Corporate Personhood

If you knew you could end the concept of corporate personhood at the local level, and that everyone all over the country was doing it too, wouldn't you try it? All you need is $50 to $100 depending on what state you're in, a vehicle, and a carpool lane. A briefcase is helpful, but optional.

We all know corporations aren't people. The mere suggestion that an entity with an unlimited lifespan - that doesn't eat, sleep, make love, or even have a measurable pulse - is a legitimate "person" is laughable. So here's an easy way to prove that laughable concept to local law enforcement, and more importantly, your local judge.

Step One: Form Your Own Corporation
It's incredibly easy to form your own limited liability company, or LLC. Even though an LLC isn't officially recognized by the IRS, you can classify it as a partnership or an S corp. can walk you through the entire process. All you need to do is go to your local Secretary of State's office and request incorporation paperwork for your own LLC. The fee is generally $50 to $100 to form your own corporation. You may also need to request an Employer Identification Number from the IRS to make your corporation official. Once your corporation is formed and approved by your Secretary of State's staff, move on to step two.

Step Two: Drive in the Carpool Lane During Rush Hour
Most major cities have a designated lane for carpools, where vehicles containing two or more people can ride to bypass heavy traffic. This part is where a briefcase will come in handy, to give your corporate "person" some personality. Once your corporation's paperwork is safely secured in a briefcase, fasten the seat belt for both yourself and your corporate "person." Drive in the carpool lane with only yourself and your briefcase in the car. Make sure you signal appropriately, drive the speed limit, don't drive with any incriminating substances, and abide by all traffic laws. If you're lucky, you'll be pulled over by law enforcement.

Step Three: Perplex Local Law Enforcement
When you see those flashing lights in your rearview mirror, signal and pull over. If you have a smartphone or any sort of recording device, turn it on and record your conversation with the officer pulling you over. The cop will most likely give you a ticket for driving solo in the carpool lane. This is where you explain to the officer that you indeed have two people in your vehicle - yourself and your corporation, which the Supreme Court says is a person for all legal purposes. The cop likely won't buy it, and you'll be issued a traffic ticket and a court date. Now, don't fret, because this is a win-win situation for you.

Step Four: Get Out of a Traffic Ticket/Abolish Corporate Personhood
Your court date will likely be at least a month in advance, so you'll have plenty of time to prepare. Wear professional attire to your court appearance, and make sure you bring your corporate paperwork with you - again, a briefcase would be beneficial here. When you see the judge, explain your situation just as you did with the cop who pulled you over. The cop should be in the courtroom with you, anyway (and if not, you automatically get out of paying your ticket and court costs). The judge has two choices. He can uphold corporate personhood, agree that your corporation is a person and that the two of you can legally ride in the carpool lane. Or, the judge can force you to pay the ticket and the court fees, while laughing at the suggestion that your bundle of paperwork in your briefcase is a living, breathing person.

While the second option would probably cost you at least three figures and increase your insurance premiums, you have the greater victory of a lower court striking down corporate personhood, and simultaneously contradicting both the 2010 Supreme Court ruling as well as the 1886 ruling, which first established the concept of corporations as people.

Imagine if judges in all 50 states abolished corporate personhood in such a way! The Supreme Court wouldn't dare appeal or ignore the decisions of lower court judges in every state. And all it takes is a little rebellion and devious thinking on our part to get it done.

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3433 Lawsuits

Friday, December 30, 2011

Thinking is a skill, not an innate ability.
-- Northrop Frye --

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Most Ridiculous Lawsuit of 2011 Announced!

[From http://www.facesoflawsuitabuse.org/2011/12/most-ridiculous-lawsuit-of-2011-announced/]

"The U.S. has been the undisputed lawsuit capital of the world for some time. And while the courts play a central role in resolving disputes and maintaining a civil society, that function isn’t easy when they are packed with frivolous suits.

Ridiculous lawsuits clog up our legal system’s dwindling resources, taking time away from legitimate grievances to devote to the vindictive, the hypocritical, the irresponsible, and the outright absurd.

With that in mind, FacesOfLawsuitAbuse.org has compiled some of the most egregious examples of frivolous and abusive litigation from around the country and asked you to tell us which ones were the most ridiculous. These suits range from the comical and absurd to the disturbing, but they all underscore a real problem – lawsuits hurt businesses, families, and everyday Americans through lost time, money and job growth.

So which lawsuits are the doozies this past year? First, here’s the lawsuit that you thought was the most ridiculous:

• Convict sues couple he kidnapped for not helping him evade police. A man who kidnapped a couple at knifepoint while he was running from the police is now suing the victims, claiming that they promised to hide him in exchange for an unspecified amount of money. The plaintiff, currently in jail, is seeking $235,000 for the alleged “breach of contract.”

And here’s the rest of the top ten as determined by you who voted at FacesOfLawsuitAbuse.org:

• Man suing for age discrimination says judge in his case is too old. A 60-year-old musician who is suing for age discrimination wants the judge removed from the case – because he’s too old. Ironically, the plaintiff says his fight against age-based discrimination is too important to leave in the hands of the 88-year-old judge.
• Young adults sue mother for sending cards without gifts and playing favorites. The plaintiffs, now 20 and 23, claimed the mother “sometimes didn’t include gifts in cards sent to her children; played favorites with her children . . . did not send care packages until his sixth semester away at college . . . changed her surname, thus ‘causing attention’ at her daughter’s school events; and refused to buy her a homecoming dress.”
• Obese man sues burger joint over tight squeeze in booths. A nearly-300 pound man is suing White Castle restaurants, saying that their booths are too tight to accommodate someone of his size. In fact, he’s so distraught by the booths that he hasn’t been to White Castle in months (instead, he sends his wife to pick up his burgers so he can eat them at home).
• Woman sues over movie trailer; says not enough driving in ‘Drive’. A Michigan woman who claims she was misled by the trailers for the movie ‘Drive’ is suing the distributors of the film. She says she was disappointed by the lack of driving in the film and was expecting something more similar to the ‘Fast and Furious’ films.
• Mom files suit against exclusive preschool over child’s college prospects. A New Yorker is suing a private preschool, saying the school’s curriculum has seriously hurt her 4-year-old’s chances of getting into an Ivy League college.
• Man sues bar for not disarming him before he started drinking (and fighting). A Pennsylvania man illegally brought a gun into a bar, then got injured in a drunken shootout with another patron, and now has sued the bar for not searching him for a weapon on his way in.
• Passenger’s lawsuit says cruise ship was too fast. An Indiana woman is suing Carnival Cruise Line, claiming she got sick because the boat was going too fast and was swaying from side to side.
• Woman disagrees with store over 80¢ refund, sues for $5m. A New York woman decided to make a $5 million federal case out of a disagreement over 80¢. Her suit says she used a $5-off coupon when she purchased a bevy of items for over $100. When she returned one of the items, the store pro-rated the refund to account for the discount.
• Mother sues Chuck E. Cheese – says games encourage gambling in children. A California woman has filed a lawsuit against Chuck E. Cheese on the grounds that their games are actually an illegal form of gambling and could get kids hooked. She is seeking at least $5 million; the restaurant says the games are legal and has asked a judge to dismiss the suit.

Thanks to everyone who took the time to vote. And while we can’t predict everything 2012 has in store, it’s a good bet there’ll be more ridiculous lawsuits. So remember to visit FacesOfLawsuitAbuse.org monthly to vote for your favorite ridiculous lawsuits."

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On the other hand, some of the US Supreme Court's decisions this past year in favor of corporations will make it almost impossible to sue them when they screw you. See http://www.forbes.com/sites/michaelbobelian/2011/12/28/the-top-three-cases-that-impacted-corporate-america-in-2011/.

In perhaps my oversimplification, the AT&T decision says that if a corporation puts that hateful but standard arbitration clause in your contract, you can't join a class action suit against them. That doesn't mean you can't sue them, you don't give up that right, but it does mean you have to sue them individually. Now consider going up against a gazillion-dollar corporation's legal department all by yourself. (Worse, and not mentioned in this article, there's a movement afoot to rule that the loser in a civil case pays BOTH parties' legal fees, in an effort to stop frivolous lawsuits- see above.)

The Wal-Mart ruling bothers me because in essence, it says that if a corporation allows individual managers to discriminate, then the individual managers can be sued by the individual complainants, but the corporation cannot be sued by a class of victims just because they don't have a corporate policy against such discrimination.

This is looking like corporations can pretty much do anything they damn well please, free from the threat of anyone suing them.

Now, I'm not a fan of class action suits. Too many law firms go out hunting for people to join a suit they, the lawyers, thought up, then they settle for a gazillion, and each of the citizen parties to the suit get a pittance. That's not right. But if a bunch of people have been harmed, class action suits have an important purpose. If nothing else, it's bad publicity and a threat of punishment.

Now, there's not even that. Welcome to USA, Inc.
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3175 Interesting Observation

Sunday, February 27, 2011

"Some editors are failed writers, but so are most writers".
-- T.S. Eliot --

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As you've probably heard, corporations are now "people" -- humanoids that are equivalent to you and me.

Since the 13th Amendment bans slavery, which is the ownership of a person, the newly born corporate "persons" cannot legally be bought and sold. Thus Wall Street -- now a slave market -- must be shut down! Let us all join hands and march for this new civil rights cause, chanting, "Free the Corporate Slaves!"

From AlterNet, By Jim Hightower

1792 Economic War

Thursday, May 1, 2008

Hey! It's May Day! When I was in elementary school, on May 1st we used to have a picnic with the procession of the May Queen and her court, over the petals of thousands of shredded flowers scattered by us plebeians, athletic contests, and dancing of white-robed flower-crowned girls around the May Pole, weaving intricate patterns of colored ribbons down the pole. I love May Pole dancing. Done correctly, it's fascinating. I suppose it's now frowned upon as pagan. Bullpoopy! It's just pretty.

Anyhow, back to my topic.

Forty years ago, the theory was that eventually, well, by now, actually, nations all over the world would be so economically intertwined that war would no longer be justifiable. War would hurt yourself more than the enemy, even if you won.

We thought that international corporations, with their worldwide investments and interests and their political influence, would work as a stabilizer.

I guess that was Pollyanna thinking. I guess it didn't occur to us that war could be waged solely for economic gain. (In the hippie '70s you didn't do anything solely for economic gain.) And I guess it didn't occur to us that corporations would have the most to gain from war, making their political influence a destabilizer.

Well, it's possible to wage economic war, without the bullets and bombs. Maybe that's the way to go.

It's possible that Israel could win the war with the Arabs by devaluing oil ("Next Big Future" link).

SUNRGI's "concentrated photovoltaic" system relies on lenses to magnify sunlight 2,000 times, letting it produce as much electricity as standard panels with a far smaller system. They say they'll start producing solar panels by mid-2009 that will generate electricity for about 7 cents a kilowatt hour, including installation.("USA Today" link.)

Cool.
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