Monthly Archives: May 2017

Illegal gambling machines, money seized in Statesville sting – WCNC

Posted: May 23, 2017 at 11:23 pm

WCNC 3:09 PM. EDT May 23, 2017

Statesville Police Department

STATESVILLE, N.C. (WCNC) -Investigators with the Statesville Police Department have seized over 120 illegal "sweepstakes style" gaming machines and computers Monday at three separate locations running under the same name.

All three locations operate under the name, "Pure Fire," and were located on Signal Hill Drive, E. Broad Street, and W. Front street in Statesville.

Statesville Police have been conducting an ongoing investigation into the operation of illegal sweepstakes style gaming machine locations, and the three latest warrants were executed simultaneously on Monday.

"Sweepstakes style" games include most common forms of gambling machines such as slots, card games, Keno, and other games where a prize, or prizes, may be awarded to winners.

All parlor gaming was outlawed in North Carolina 2010, but the ban wasn't able to be fully implemented until legal challenges from the gaming industry ended in January 2013.

Charges and arrests are pending against the owners and operators of the establishments.

2017 WCNC.COM

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Philippines joins in on gambling crackdown – NEWS.com.au

Posted: at 11:23 pm

China and the Philippines have joined forces to tackle illegal gambling, part of Beijing's broader campaign to curb illicit capital outflows and a pledge by Manila to weed out unscrupulous operators from the country's booming gaming industry.

The coordinated crackdown comes amid warming ties between Chinese President Xi Jinping and his Philippine counterpart Rodrigo Duterte, who has made illegal gambling the third front in his all-out war on crime, after drugs and corruption.

In their first joint exercise, Philippine and Chinese authorities cracked a transnational cyber gambling operation in April, shutting four illegal websites run out of the Philippines, arresting 99 people and freezing more than 1,000 bank accounts, China's Public Security Bureau said.

Martini Cruz, chief of the Philippines National Bureau of Investigation's cyber-crime division, told Reuters authorities were preparing further raids targeting illegal betting and online fraud originating in the Philippines and targeted at Chinese gamblers.

"We have been visited by Chinese police to crack down on these illegal gambling operators. They are also targeting possible fugitives who have made our country a sanctuary," Cruz said.

So far, the crackdown has not targeted proxy betting, which is permitted in licensed casinos in the Philippines and has contributed to a boom in VIP revenues.

Casinos in the country raked in nearly $US3 billion in overall revenue last year.

The practice, in which a gambler outside the casino gives instructions to an agent via a live stream or online platform, allows people to bet anonymously and can allow players to escape the attention of authorities in their home countries.

Industry executives have said increased scrutiny could impact the lucrative proxy business in the Philippines particularly if it continues to ramp up ahead of the official opening of Japanese slot machine tycoon Kazuo Okada's new $US2.4 billion casino in the capital Manila in July.

While proxy gambling is banned in Singapore and in Macau, the world's largest gambling hub, it operates in a legal grey area in the Philippines and officials tend to tread cautiously when discussing the subject.

Andrea Domingo, the head of the Philippines gaming regulator, PAGCOR, told Reuters she was not familiar with proxy betting.

"It is allowed in the casinos. I am not very conversant about it," she said.

Chinese law forbids citizens from gambling online and at home. The Public Security Bureau has made repeated statements since March that transnational cyber gambling is harmful to the country's economic security, image and stability.

Yet proxy betting is growing at such a pace in the Philippines that Suncity, the top junket operator bringing in high rollers from China, told Reuters in April that 80 per cent of its business comes from proxy gambling and 20 per cent from customers traveling to casinos for live table games.

Ben Lee, managing partner of IGAMIX Management and Consulting in Macau, said the latest directives this year from China were clear warning signs.

"China warning specifically that they would crack down again on foreign casinos should be heeded by all, especially those operating in the online space," he said.

The proxy business in the Philippines is mainly facilitated by Macau junket operators who bring high rollers into the casinos' opulent VIP parlours, either in person or via proxies.

The junkets take on the risk for casinos, settling all credit and debt for the players in Macau, Hong Kong and China via their own internal banking networks.

In a VIP area in a Manila casino, Chinese and Korean nationals wearing earpieces shuffle from table to table after a series of bets, carrying rectangular white plastic trays containing gaming chips and smartphones.

A Macau-based executive whose company operates proxy gambling in the Philippines said there was little concern on the ground in Manila as the practice is licensed by PAGCOR.

"To play the game in China is legal online, it is not happening in China," he said, explaining that the casinos install video screening so punters can see the play.

For now, proxy gambling continues to boost the VIP coffers in the Philippines with mega casinos Solaire and City of Dreams reporting double digit VIP volume growth in the first quarter this year. The casinos do not report proxy betting figures.

However, executives in Macau familiar with the VIP boom in the Chinese territory prior to Xi's crackdown on corruption and tighter junket regulation cautioned against relying too strongly on the method.

"Proxy betting in the Philippines is a ripe target for China," said a senior casino executive based in Macau who was not allowed to be named due to company policy.

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Agents shut down 3 internet cafes suspected of gambling – Ocala

Posted: at 11:23 pm

Beginning in March, agents conducted undercover investigations and determined the cafes had "games of chance" instead of games of skill.

Law enforcement officers seized more than 170 pieces of electronic equipment during raids at four internet cafes in Ocala suspected of illegal gambling.

With help from Ocala Police Department officers, agents with Unified Drug Enforcement Strike Team shut down two of the cafes on Monday and two on Tuesday.

So far no arrests have been made, but agents have confiscated thousands of dollars in cash.

UDEST officials said they had received complaints from businesses and individuals about alleged illegal gambling.

Beginning in March, agents conducted undercover investigations and determined the cafes had "games of chance" instead of games of skill. They conferred with state officials and obtained search warrants.

Two of the cafes had been robbed within the past year. The people complaining to police were also concerned about the clientele the cafes attracted.

The internet cafes were:

Lucky Pearl, 3495 W. Anthony Road

Midas' Measure, 624 S. Pine Ave.

The Room, 426 S. Pine Ave.

Richie's Arcade, 1053 NE 14th St.

UDEST officials declined to say if there would be more raids. However, agents said they would continue to investigate internet cafes.

The equipment seized included table-style and arcade-sytle gaming stations, computers and monitors.

An employee at the Lucky Pearl declined to talk with a reporter.

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Euthanasia debate: Family members argue for Tasmania’s Voluntary Assisted Dying Bill – ABC Online

Posted: at 11:23 pm

Updated May 24, 2017 08:14:38

It's a controversial issue which has been rejected by the Tasmanian Parliament twice in the past decade, but supporters of euthanasia are hopeful MPs are on the verge of approving strengthened legislation.

The "Voluntary Assisted Dying Bill" co-sponsored by Labor's Lara Giddings and Greens leader Cassy O'Connor, which would allow people to voluntarily end their lives using a lethal drug, is set to be debated on Wednesday.

To qualify you must be a Tasmanian adult who is competent to make the decision and have an eligible medical condition.

It would require diagnosis by a specialist and must be signed off by two independent doctors.

Hobart man Stan Goodman said his son would have loved the right to have an assisted death.

Matthew Kent-Goodman was a 55-year old lawyer who had an aggressive form of multiple sclerosis and could no longer bear his suffering, taking his own life three months ago.

"Obviously I'm devastated and sorry that he's gone but on the same circumstances I couldn't bare to see the pain he was in and the absolute agony he was living because that's not living," he said.

"He was a very proud person who'd been a good athlete ... and so he just found this very humiliating."

In the lead up to his death, Mr Kent-Goodman recorded his own eulogy his desire to die was no secret.

"He was proud of his decision he told everyone that this is what he wanted, he wasn't coerced in any way shape or form," his father said.

"If he could have had anything to say he would have been there in Parliament banging on the door saying pass the legislation."

Mr Goodman said his son was very sad he could not have friends and family around him at the end.

"It just would have been a friendly environment to say goodbye, instead he had to do it in a clandestine manner and that's not what I wanted for my son," he said.

Helen Kershaw's grandmother, Sheila, made a similar decision seven years ago, while her other grandmother went down the path of palliative care.

"My grandmother was starting to suffocate and just looking into her eyes and seeing her be forced to go through that when she wanted it to end, I completely understood why my other grandmother [Sheila] would take her own life," she said.

Supporters of euthanasia insist the legislation has been strengthened since it was last rejected from Parliament in 2013.

Dying with Dignity Tasmania president Margaret Sing said the definition around an "eligible" medical condition was a lot clearer.

"The eligible medical condition makes it very clear that it's for people in the advanced stages of a serious, incurable and irreversible condition with no chance of improvement or recovery, and to have suffering that's intolerable that's not able to be resolved by palliative care," she said.

She said it remained a last resort option.

"It's not about people choosing to die but about people choosing to end their suffering in a way which gives them a death that they find peaceful and dignified."

The federal branch of the Australian Medical Association (AMA) remained opposed to euthanasia and called the Tasmanian legislation problematic.

Spokesman Dr Chris Moy said the definition around "medical condition" was still too vague and this could be the thin edge of the wedge.

"It says nothing about terminal illnesses or prognosis and even though a specialist has to be involved in the diagnosis," he said.

"What if someone has just got diabetes that is severe but really isn't life threatening, or potentially even someone with severe acne for example getting caught up in this legislation."

He said palliative care remained the AMA's preferred option.

"We understand people are scared and we do understand the need for control and some certainty but we do have a strong message that the important thing in all of this is to really get palliative care right, to get enough resources to provide good palliative care."

The Catholic Church is strongly opposed to the legislation.

Tasmania's Archbishop Julian Porteous is worried about the message it could send to vulnerable people such as the elderly or disabled.

"It could cause them to think 'I'm a nuisance' and that's the last thing you want, we want to show them respect, we want them to have that sense of their dignity and worth," he said.

The Archbishop said people experiencing suffering needed to be reassured by the community.

"People who go through depression or feel burdened with sickness and suffering, there can be this whole sense of my life is not worth living," he said.

"We want to transmit the exact opposite message, we want to say, 'no you are valuable, every human life has value'."

Despite assurances the bill been strengthened, the Archbishop said before long there would be calls to expand it.

"Before long someone who is ineligible will say 'well why can't I have this?'" he said.

"Once you bring in the principle that you can assist a person in their dying it becomes almost inevitable that it will expand and we've seen this overseas, even now to the stage of children in some places."

In 2013, all 10 Liberal MPs in the Lower House voted against the bill, as did three Labor members who have since retired or been ousted from Parliament.

It is understood Labor's Madeline Ogilvie and David Llewellyn will vote against the new bill, but supporters are hoping several moderate Liberals will be convinced.

Premier Will Hodgman said he was still undecided, while Health Minister Michael Ferguson said he would be voting against.

Similar legislation is currently being prepared by the Labor government in Victoria, while NSW released a draft bill last week.

Topics: euthanasia, state-parliament, tas, launceston-7250, hobart-7000

First posted May 23, 2017 16:10:11

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Belgian bishops reject hospitals’ decision to allow euthanasia – Catholic Culture

Posted: at 11:23 pm

Catholic World News

May 23, 2017

The Catholic bishops of Belgium have issued a statement rejecting the policy proposed by the Brothers of Charity, who have said that they will allow doctors to euthanize patients in the hospitals they administer.

We cannot accept that euthanasia could be practiced on psychiatric patients who are not in a terminal condition, the bishops said.

The bishops acknowledged that some patients may undergo immense suffering, but they insisted that precisely in this situation we must remain close to him and not abandon him. They stressed the importance of palliative care.

In their statement the bishops professed their deep esteem for health-care professionals treating patients with psychiatric problems. The Brothers of Charity run hospitals caring for about 5,000 patients in Belgium.

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Euthanasia Drama Finale: Not Letting People Die Is a ‘Form of Torture’ – NewsBusters (blog)

Posted: at 11:23 pm


NewsBusters (blog)
Euthanasia Drama Finale: Not Letting People Die Is a 'Form of Torture'
NewsBusters (blog)
Mary responds with the classic pro-euthanasia line, What was hard was watching people suffer. Nothing worse than an undignified death. However, she does admit doubt about her line of work as she fears being sent to jail. She confesses, But I don't know.

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Euthanasia Drama Finale: Not Letting People Die Is a 'Form of Torture' - NewsBusters (blog)

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Uber’s CEO is just so misunderstood – CNNMoney

Posted: at 11:23 pm

Over the years, Uber's CEO has been described as arrogant and a "bro-y alpha-nerd" -- along with plenty of more colorful terms not fit to print here. And that was before Uber's endless string of PR crises kicked off this year.

But Kalanick disagrees with that perception.

"I think there's this general question out there: Is he an a**hole?" Kalanick says in Wild Ride, a book out this week offering an inside look at Uber's rapid rise. "I don't think I'm an a**hole. I'm pretty sure I'm not."

When asked if he cares about the negative public image, Kalanick says, "Yeah, it's not good for Uber, it's not good for me, it's not good for the people that I'm talking to. It's bad for everybody."

The conversation took place in July 2016. A little more than six months later, Kalanick would publicly admit he needs to "grow up" and get "leadership help" after a video surfaced of him arguing with an Uber driver.

The book, by Fortune executive editor Adam Lashinsky, offers a unique window into the background and psyche of the man shaping one of the world's most influential and controversial young technology companies.

Uber is both a startup juggernaut and a media punching bag. Kalanick, more than anyone, deserves credit for both. But contrary to the founding story Uber tells, Kalanick was not actually involved in the company's earliest days.

Garrett Camp, the serial entrepreneur behind StumbleUpon, came up with the idea in mid-2008 after getting "blacklisted" by the two big cab companies in San Francisco. Camp brought on Kalanick and three other friends as advisers. Kalanick took an interest in the idea, but he didn't join the company full time as CEO until 2010.

As an adviser and later the CEO, Kalanick did much to shape the service and the perception of it. For starters, he pushed Camp to move away from the idea of Uber owning cars. Kalanick also drove Uber's vast fundraising machine, which helped it outpace rivals.

Related: Uber's PR crises show no sign of letting up

But it was also Kalanick who brazenly talked up Uber's fights with regulators and "an a**hole named taxi." The aggressive rhetoric only helped create a bad boy image for him and the company.

In the book, Kalanick describes this as "little moments of arrogance where I say something provocative." He appears to see himself as a truth teller, however controversial the truth may be.

At least some of this posturing is said to go back to Kalanick's days of being picked on as a kid.

"I was geeky enough to get bullied. Not like physically beat up really, but just made fun of, ostracized," Kalanick recalls in the book. "That could be where the justice thing comes from."

Some have described Kalanick as a cutthroat libertarian who likely opposes government regulation, in part because he once used the cover of an Ayn Rand book for his Twitter profile image. Here, too, Kalanick feels misunderstood.

"There is this crazy meme on the Internet that I am some kind of Ayn Rand disciple," he says in the book. "A few years ago I read The Fountainhead and put it up as my avatar, not having any idea the political ramification."

If Uber's bad boy image wasn't bad enough, it has been hit with sexual harassment allegations this year. Much of the reporting for Wild Ride predates the allegations and doesn't offer any inside accounts of what happened.

However, Lashinsky does note that Kalanick's tech scene before joining Uber was "unapologetically male." In one old Twitter post, Kalanick brags about a Las Vegas rental he found "named the PIMP HOUSE, equipped with stripper pole AND stage."

The harassment allegations would be enough to rattle any company. But Uber is also facing a criminal probe over a tool it built to help drivers dodge law enforcement and is in the midst of a legal battle with Google's (GOOGL, Tech30) Waymo that could hobble the future of its self-driving car operation.

Related: Uber searching for a COO after crises

Lyft, Uber's chief rival in the U.S., has differentiated itself with a friendlier brand and begun to capitalize on Uber's struggles. It recently raised $600 million in funding and said it experienced a 60% increase in new passenger signups the week after an Uber boycott in January.

If there is a saving grace for Kalanick based on the portrayal in this book, it's his ability to learn on the job, adjust quickly based on feedback -- and ultimately survive.

Kalanick taught himself how to fundraise with his first startup. He managed to get his second startup acquired even though he was the only employee left on staff at one point. And he steered Uber through new competition from Lyft and self-driving cars.

Now at Uber, Kalanick may just need to prove he can disrupt himself.

CNNMoney (New York) First published May 23, 2017: 11:54 AM ET

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Fly the Frenzied Skies – Reason (blog)

Posted: at 11:22 pm

There they sit, on the steaming hot concrete apron: jets, dozens of themsleek, shiny birds, screeching and spewing effluents, glistening and glimmering in the hot wavery air. Waiting.

Waiting to leave, to lift off, to soar. Once in the sky, these magnificent machines sweep along at 600 miles an houronce in the sky. Today, however, they wait, one behind the other, perched massively on silver struts atop puny Goodyear claws, looking like flightless flamingos, impressive but impotent, a mockery of themselves.

Aboard one place, a bureaucrat, like a heavy from Ayn Rand's Atlas Shrugged, corners a stewardess and demands that the pilot call the control tower, and get this crate in the air. Back flashes an answer from control: The dignitary will kindly wait, just like everyone else. Tough luck for the bureaucrat. A fitting reproach, though, really. For, if this bureaucrat is like the rest, it is his ideas, the bromides he dares to call convictions, that are responsible for the disaster he so hotly denounces. It is his legalized coercion, his forced cartels, his restrictions and his subsidies, which are the cause of the mess.

These birds, you see, these strong, innocent, friendly birds, are not free. They have been tied down and strung up, like metal Gullivers on the island of Lilliput, by two hoards of neurotic pygmies using millions of tiny strands of red tape: the Federal Aviation Administration (FAA) and the Civil Aeronautics Board (CAB). And that, simply that, is the essence of the crisis in the air. ED.

A private business whose sales volume had increased 1520% annually for seven years (and showed many signs of continuing to do so) would probably view its future with eager anticipation. In the government-controlled, privately "owned" cartel known as commercial aviation, however, the expected growth in air travel is viewed, in part, in horror. For as the volume of air traffic rises, a monumental crisis appears imminent, a crisis that threatens the complete paralysis of air transportation. What is the source of this seeming paradox? Flow can it be that the same industry that will be flying, fueling, and servicing the huge 747 next year, is unable to solve seemingly simple problems of supply and demand? The answer is not at all a difficult one to arrive at, provided one views the problem in its full scope, without recourse to the self-imposed blind spots that have plagued mass media "analysis" of the subject.

"Commercial aviation" consists of three distinct parts: the airports, the airways linking airports, and the airlines.

Although there are 10,000 airports in the U. S., many of them privately owned, all 525 of those large enough to handle scheduled airline service are owned by city governments (except Dulles and Washington National which belong to the federal government). These large airports are financed from taxes levied on local citizens, taxes they must pay whether or not they fly. Limited federal aid tax money is available for building runways at these airports, thus forcing many citizens quite remote from airports to pay for them. During the last ten years the pace of airport expansion has lagged far behind the growth in air traffic, because 1) local governments have little political incentive (or expertise) to accurately forecast passenger demand, 2) Congress has let the annual appropriation for airport aid gradually decrease, despite constantly increasing requests for such aid, and 3) local taxpayers are becoming increasingly hostile to higher taxes, especially for things which do not directly benefit them. Hourly capacity restrictions have already been imposed by the federal government at major east coast airports, because of the increasing congestion at terminals and on runways. When the 365-passenger 747 and the 300-passenger airbuses go into service in the next few years, only a handful of airports will have terminal facilities or access roads adequate for such large concentrations of people.

The airways consist of a number of paths in the sky, defined by ground- based radio navigation stations (navaids). The Federal Aviation Administration (FAA) owns and operates the navaids and polices the airways. Anywhere above 3500 feet and in the vicinity of airports, all aircraft must fly under FAA control. Although modern electronics and computer technology make nearly- automatic air traffic control technologically feasible, the FAA still relies on the early 1950's method of using navaids only as references, with all control and decision-making in the hands of a (human) FAA air traffic controller. Because of limited funding by Congress, there aren't enough controllers, their salaries are low, and their training is poor. Combined with the high volume of air traffic, these conditions make today's controller extremely overworked, in many cases literally a nervous wreck. Another consequence and cause, perhaps, of the controller shortage is the fact that these men are "daily forced to compromise with safety procedures"1 in order to handle their workload. The controllers' slowdowns of 1968 and 1969, and their disastrous effects on flight schedules, illustrate how close to collapse the existing ATC system is.

The FAA's operations are financed out of general federal tax receipts (the tax on airline tickets goes into general revenue, while the tax on aviation gasoline goes into the highway trust fund!) Thus, as long as there aren't many crashes, Congress is content to appropriate meager sums for the FAA.2 The taxpayers, 60% of whom have never flown at all, justifiably feel little desire to be taxed even further to provide airways for the mere 15% who fly commercial airlines.

Finally, the airlines themselves present an interesting picture- Though nominally private companies, the airlines in fact are controlled by the Civil Aeronautics Board (CAB) in every essential aspect of their business. The routes between cities are divided up among the airlines as a huge cartel, originated and enforced by the CAB, thus making free entry into the market illegal. Likewise, it is nearly impossible for an airline to leave a particular market (by dropping a city from its schedule)the "public necessity and convenience" must be served, apparently regardless of losses. The prices charged customers for a particular route are fixed by CAB, in order to prevent "destructive" price competition. Price increases are permitted to the airlines only as a group, and price decreases, while allowed on an individual basis, must still be run through the mill of CAB. If companies in the steel industry tried to set up such an arrangement, they would be prosecuted by the Antitrust Division of the Justice Department. Indeed, the contradiction between the CAB's philosophy and the antitrust laws was illustrated last summer, when the CAB had to grant the airlines temporary immunity from antitrust action so that they could meet together to discuss coordinating their schedules, so as to relieve rush-hour airport congestion.

As if this were not enough, 13 local service airlines, which were formed after World War II with surplus aircraft and "temporary" subsidies, continue to receive on the order of $50 million per year in subsidy payments, out of general tax revenues. Thus, taxpayers are forced to pay huge direct subsidies, in addition to the countless indirect subsidies they provide in the form of "free airways, weather reports, landing aids, and mail contracts.

The net result of these government activities is that at least three distinct groups of people are being victimized. First, the vast majority of taxpayers who do not use the airlines are being unjustly taxed so that those who do fly can have air travel at less than its true cost. Second, the most competent, aggressive airlines owners (and potential airline owners) are being prevented from engaging in competition with the less competent companies, with the result that neither the more competent companies nor their stockholders can benefit as fully as they could and should. Third, the people who do fly are getting less efficient and less safe air service than, in the absence of government interference, they might; less efficient because of the lack of competition, and less safe because of the antiquated, under-funded, congested airport and airways system.

The question which should be obvious by now is; How, in "capitalist" America did such a horrendous tangle of vested interests and government control every come to pass? The standard "conservative" mythology holds that all of America's economic troubles began with FDR's New Deal. The sad fact of the matter is that government interference with and subsidy to American Aviation has a long "nonpartisan" history.

Throughout the history of American aviation the general rule has been that each expansion of government control was preceded by requests for such regulation from one or another group of people involved in aviation. At each step of the way, of course, the proponents did not foresee or advocate any further government involvementthey merely wished to blindly promote their own short-range special interest.

Federal involvement began in 1915 when when President Wilson selected a number number of aviation enthusiasts to form the National Advisory Committee on Aeronautics (NACA) to "studythe problems of flight, with a view of their practical solution." The impetus for setting up NACA was World War I, but as with many government agencies, NACA emerged in 1919 as a permanent entity, and became a vigorous advocate of government control of aviation.

Former wartime aircraft producer Howard Coffin strongly supported NACA's position. During the war Coffin had been picked to head the government's Aircraft Production Board, which passed out over $1 billion in aircraft contracts to his own company and those of his fellow auto producers.3 Coffin and his friends ignored the advice of many aircraft designers and mass-produced the Liberty aircraft engine along automotive lines, which made it a poor aircraft powerplant. They also produced 10,500 DH-4 aircraft, only a few of which ever reached Europe. The remaining planes were subsequently sold as war surplus for 2% of their cost and the resulting postwar glut of cheap aircraft greatly depressed the market for new designs. The DH-4 with Liberty engines won the nickname of "flaming coffin" in the post-war years.

In 1918, at the urging of NACA, the Post Office inaugurated airmail service. Using the "coffins", post office service was risky at best. By 1925, 31 of the first 40 airmail pilots had been killed in crashes. Somehow, during the same 6-year periods, the safety record of many of the fledgling commercial operators was much better. In 1925 a government investigating board recommended that the Post Office let airmail contracts to private companies, rather than flying the mail themselves; Congress agreed, and passed the Kelly Airmail Act. One of the results was the formation of three "conglomerate" aviation companiesUnited Aircraft and Transport, North American (under GM control), and AVCOwhich proceed to win most of the longer airmail routes.

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Libertarian Legal Scholars Reject Trump Judicial Nominee’s Views … – Reason (blog)

Posted: at 11:21 pm

Gage Skidmore / Flickr.comOne of President Donald Trump's federal court nominees favors an interpretation of the 14th Amendment that libertarian legal scholars have roundly rejected.

Kevin Newsom, the former Alabama solicitor general recently nominated by President Trump to the U.S. Court of Appeals for the 11th Circuit, is the author of a January 2000 article in the Yale Law Journal in which he argues that the Supreme Court's 1873 decision in The Slaughter-House Cases correctly held that the Privileges or Immunities Clause of the 14th Amendment offers zero protection for economic liberty. That view is hotly contested by libertarian constitutional experts.

At issue in The Slaughter-House Cases was a Louisiana statute that granted a private corporation a lucrative 25-year monopoly to operate a central slaughterhouse for the city of New Orleans. A group of local butchers challenged the law in federal court, arguing that the monopoly was a special-interest boondoggle that served no legitimate health or safety purpose and violated their fundamental rights to earn a living free from unnecessary government control. According to the butchers, the right to economic liberty was one of the privileges and immunities of U.S. citizenship recently secured against state abuse by the 1868 ratification of the 14th Amendment, which reads in part, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."

From the standpoint of constitutional text and history, the butchers had a strong argument. The debates over the framing and ratification of the 14th Amendment make it clear that the provision was originally understood to protect economic liberty. Indeed, according to the principal author of the Privileges or Immunities Clause, Republican Congressman John Bingham of Ohio, "the provisions of the Constitution guaranteeing rights, privileges, and immunities to citizens of the United States" includes "the constitutional liberty...to work in an honest calling and contribute by your toil in some sort to the support of yourself, to the support of your fellowmen, and to be secure in the enjoyment of the fruits of your toil."

But the Supreme Court saw things differently. Adopting a posture of judicial deference, the Court ruled 5-4 in favor of the state legislature and effectively eliminated the Privileges or Immunities Clause from the Constitution. According to the majority opinion of Justice Samuel Miller, the Court had no business acting as "a perpetual censor upon all legislation of the States." To rule otherwise, he said, would "fetter and degrade the State governments." The Privileges or Immunities Clause basically offered no real protection at all, Miller insisted, except for a handful of mostly inconsequential federal rights, such as the right to access federal waterways. Slaughter-House rendered the clause toothless against virtually all state action.

Because Slaughter-House was the first case in which the Supreme Court interpreted the meaning of the new 14th Amendment, the ruling had a transformative impact on the future course of American law. Its significance cannot be easily overstated.

Today, a growing number of constitutional originalists, particularly those associated with the libertarian wing of the conservative legal movement, have concluded that Slaughter-House was wrong the day it was decided and therefore deserves to be confined or even overruled by the Supreme Court.

For example, according to Clint Bolick, the Institute for Justice co-founder who currently serves as an Arizona Supreme Court justice, Slaughter-House is "one of the worst decisions in American law." In Bolick's view, the ruling eviscerated "one of the most sacred and central rights of Americans: economic liberty, the right to pursue a business or occupation free from arbitrary or excessive government regulation." Georgetown law professor Randy Barnett, one of the most influential originalist scholars at work today, has likewise concluded that Slaughter-House "ignored the original meaning" of the 14th Amendment.

To be sure, Slaughter-House has had its defenders, particularly among the school of legal conservatives who favor a more deferential judiciary. For example, the late Robert Bork, who famously maintained that, "in wide areas of life, majorities are entitled to rule, if they wish, simply because they are majorities," insisted that Slaughter-House represented a "sound judicial instinct" and should be applauded as "a narrow victory for judicial moderation." Along similar lines, Ken Blackwell of the Family Research Council, writing with Ken Klukowski of the American Civil Rights Union, has argued that "what's so important about [Slaughter-House] is that there's nothing in the Constitution about such an economic right." If the case is ever overturned, the two have argued, "activist" judges might "use the Privileges or Immunities Clause to challenge state and local labor laws, commercial laws, and business regulations around the country."

Kevin Newsom, Trump's nominee for the 11th Circuit, falls in the Bork-Blackwell-Klukowski camp. In the Yale Law Journal, Newsom praised the Slaughter-House majority opinion for its "judicial restraint" and for its opposition to "the constitutionalization of laissez-faire economic theory." When it comes to the "economic rights claimed by the butchers" in Slaughter-House, Newsom maintained, the Court was right to conclude that "the 14th Amendment did not safeguard [them] against state interference."

Newsom's views on the 14th Amendment thus put him directly at odds with the flourishing camp of libertarian-minded lawyers, judges, and scholars whose influence on the conservative legal movement has been on the upswing in recent years.

It remains to be seen if this clash of constitutional visions will play any role in Newsom's confirmation hearings before the Senate Judiciary Committee.

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Libertarian Legal Scholars Reject Trump Judicial Nominee's Views ... - Reason (blog)

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Nassim ‘Black Swan’ Taleb says the future will be ‘a libertarian’s dream’ – MarketWatch

Posted: at 11:21 pm

Nassim Taleb, hedge-fund adviser and author of The Black Swan, may be a prophet of doom when it comes to the perilous state of financial markets, but, in a rare splash of cheer, he says hes optimistic about the future overall.

He recently went on Ron Pauls Liberty Report to spread his rosy view of what lies ahead, which he described as a libertarians dream:

So what needs to be destroyed, exactly?

Taleb, like the man he supports in the White House, probably wouldnt miss the New York Times NYT, +0.00% too much if it were to disappear.

We have today so many people sitting in the New York Times Washington office, in an air-conditioned office, who can dictate foreign policy with zero risk, he said.

Taleb added that we are no longer victims of the New York Times, thanks in part to Twitters role in shaking up the traditional news flow.

Another entity hed be fine without, of course, is the Federal Reserve. He used this metaphor to describe whats been happening in recent years.

Without the Federal Reserve, Taleb said that the price of money would be negotiated between people.

He pointed to bitcoin BTCUSD, +3.41% which continues to explode to new highs, as part of some sort of organic order in the future.

You cannot have incompetence, serial incompetence, for such a long time without some kind of pushback, Taleb said.

Watch the full interview:

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Nassim 'Black Swan' Taleb says the future will be 'a libertarian's dream' - MarketWatch

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