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Monthly Archives: February 2022
Stern treatment When is it justified? Choice of law and false imprisonment on the high seas – Litigation, Mediation & Arbitration – Australia -…
Posted: February 17, 2022 at 8:01 am
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The New South Wales Court of Appeal recently handed down itsdecision in Royal Caribbean Cruises Ltd v Rawlings [2022] NSWCA 4,which overturned a first instance decision that Royal Caribbean hadfalse imprisoned Mr Rawlings following allegations that he hadsexually assaulted another passenger on a cruise.
Background
Mr Rawlings was a passenger on Royal Caribbean'sBahamian-flagged cruise ship "Explorer of the Seas" onduring a 10-day voyage from Sydney in November of 2016. Mid-waythrough the cruise, an 18-year-old female passenger (Ms A) reportedthat she had been sexually assaulted by Mr Rawlings. Investigationswere initiated and Mr Rawlings was detained in the ship'sconference room and, later, a guest room.
Royal Caribbean staff initially proposed to disembark MrRawlings at the Port of Noumea so that local authorities couldrepatriate him to Australia; however, the local police did notconsider that they had authority or jurisdiction to do so as thealleged assault was said to have occurred on the high seas. MrRawlings and Ms A were both put in contact with Australian consularofficials in Noumea.
On 17 November 2016, Royal Caribbean's Miami-based GlobalSecurity team advised the ship's Captain to release Mr Rawlingsfrom confinement, subject to his agreement that he would notcontact Ms A or her family or other persons involved in theincident. The ship's Captain did not accept this advice anddecided to detain Mr Rawlings until the ship returned to Sydney on20 November 2016.
Mr Rawlings commenced proceedings against Royal Caribbean in theDistrict Court of New South Wales, seeking damages for theintentional tort of false imprisonment.
First Instance Decision
Judge Hatzistergos DCJ decided that the Captain was justified indetaining the respondent up to midday on 17 November 2016, when theGlobal Security team recommended his release, but notthereafter.
His Honour applied the Australian common law and referred to thefollowing comments of Slade J in the English decision of Hook vCunard Steamship Co [1953] 1 WLR 682 at 684-685:
"The master of a merchant ship is justified at commonlaw in arresting and confining in a reasonable manner and for areasonable time any sailor or other person on board his ship, if hehas reasonable cause to believe that such arrest or confinement isnecessary for the preservation of order and discipline or for thesafety of the vessel or the persons or property onboard."
His Honour determined, that after receiving the communicationfrom Global Security, the Captain did not subjectively believe thatMr Rawlings' continued detention was reasonably necessary forthe preservation of order, and safety of persons, on board thevessel. His Honour concluded that the ship's staff could haveadequately observed Mr Rawlings using CCTV, instead of keeping himconfined.
Royal Caribbean appealed.
Issues on Appeal
On appeal, Royal Caribbean argued that Judge Hatzistergos DCJhad erred in concluding that the Captain was not justified inkeeping Mr Rawlings confined after 17 November 2016, that he didnot believe that the continued detention of Mr Rawlings wasreasonably necessary and, further, that such a belief was anecessary element of the defence in any event.
Royal Caribbean also argued that his Honour did not take intoconsideration other relevant factors that justified keeping MrRawlings in confinement.
Court of Appeal Decision
Law of the Place of the Tort
Meagher JA, with whom Bell P and Leeming JA agreed, firstconsidered the applicability of Australian law to the proceedings,given that the incident occurred in international waters aboard aBahamian-flagged vessel.
His Honour found that, when a tort occurs aboard a vessel on thehigh seas, the law of the ship's flag will be the lawapplicable to the tort. His Honour also confirmed that, unless aparty pleads and proves the application and content ofinternational law, there is a presumption that the content of anyforeign law would be the same as the substantive law of the forumin which the proceedings were brought.
Mr Rawlings had pleaded his case as if the tort had occurred inNew South Wales. Royal Caribbean did not plead a defence pursuantto Bahamian law, and neither party sought to lead evidence aboutthe law of the Bahamas. Accordingly, the Court noted that, even ifthe law of the place of the tort were to be applied, JudgeHatzistergos DCJ would have been correct to proceed on the basis ofthe assumption that the law of the Bahamas would be substantiallythe same as the law of New South Wales.
Was an Actual Belief of Necessity Required?
Meagher JA then considered whether, as contended by RoyalCaribbean, the existence of a subjective belief that arrest orconfinement is necessary is not an essential element founding theCaptain's authority to arrest or confine.
His Honour noted that in the absence of Australian authority onthe power of a ship's captain to arrest or confine, Englishcommon law may be applied to new situations in accordance with theprinciples expounded in Skelton v Collins [1966] HCA 14.Accordingly, the Court was free to apply the English Court'sdecision in Hook v Cunard, noting that the decision inthat case had not been displaced or varied by statute and was notcontrary to any rule or doctrine of Australian law.
Accordingly, his Honour found that Judge Hatzistergos DCJ wascorrect to apply Hook v Cunard and to adopt as a correctstatement of Australian law the authority of a ship's captainto detain, subject to the captain's reasonable and actualbelief that detention is necessary to preserve order anddiscipline, or for the safety of the vessel or persons or propertyon board.
Whether the Entire Confinement was Justified asNecessary
The standard of proper justification having been established,Meagher JA then considered whether the Captain actually believed,after 17 November 2016, that the continued confinement of MrRawlings was necessary.
The Captain gave evidence that he considered the email fromGlobal Security recommending the release of Mr Rawlings amounted toguidance rather than a direction with which he was obliged tocomply. The Captain and another staff member also gave evidencethat they thought that Mr Rawlings' release in accordance withthe proposal by Global Security would not sufficiently assure nocontact between Mr Rawlings and Ms A and her family.
The Captain's stated further that he felt he had to ensurethere was no interaction between those persons and that the onlyway to prevent that from occurring, and to maintain the safety andsecurity of passengers on the ship,was for Mr Rawlings to be washeld in confinement. He was also concerned to "preserveevidence" by preventing communications between MrRawlings and potential witnesses.
His Honour found that Judge Hatzistergos DCJ had erred inrejecting the Captain's evidence and finding that he did notconsider that the continued confinement of Mr Rawlings wasnecessary. The Court also disagreed that observing Mr Rawlings byCCTV would have been sufficient.
The Court held that the continued confinement of Mr Rawlingsafter 17 November 2016 was reasonable and did not constitute falseimprisonment.
Impact
This decision provides a helpful guidance on the powers ofships' captains to detain passengers when there is a reasonablebelief that doing so is necessary to preserve order and discipline,or for the safety of the vessel or persons or property onboard.
It also confirms the application of common law principlesrelating to the law of the requirement to adduce expert evidence toprove the principles of law of the flag country. In the absence ofsuch proof, the Australian Court will apply the law of thejurisdiction in which the proceedings are brought.
Persons in such a position should ensure that any decisions toconfine a person are adequately and contemporaneously documented,and that clear policies are in place for when situations such asthese arise to protect the victims of alleged unlawful behaviourwhile avoiding illegal infringements on the liberty ofsuspects.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
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NJ weather: Gale force winds, rain to batter state overnight Thursday into Friday – Asbury Park Press
Posted: at 8:01 am
Wet weather to spoil springlike warmth in Northeast
After a brief warmup, a major storm will bring heavy downpours, hurricane-force winds and even some wintry precipitation to end the week.
Accuweather, Accuweather
Get ready for a dark and stormy night Thursday into Friday.
Strong winds are expected to batter much of New Jersey later this week, prompting the National Weather Service to issue gale watches and hazardous weather outlooks for the eastern part of the state on Thursday night.
North Jersey could see wind gusts of 45 to 55 mph.
Elsewhere, rough seas could produce waves of between 7 to 12 feet off the Jersey Shore, causing a hazard to marine traffic, according to the weather service.
Strong winds can cause hazardous seas which could capsize or damage vessels and reduce visibility, the National Weather Service said in its bulletin on Wednesday. Mariners should consider altering plans to avoid possible hazardous conditions. Remain in port, seek safe harbor, alter course, and/or secure the vessel for severe wind and seas. The entire length of the Shore will also be impacted.
Along the coast, a south wind moving at 20 to 25 mphmay producegusts as high as 40 mph.
Between a quarter and half of an inch of rain is possible, according to the weather service.
Top News: After Bridgewater Commons mall fight, NAACP calls for police officers removal
The low temperatures on Thursday evening will be about 55 degrees and reach as high as 61 degrees late Friday morning before dipping into the 20s by Friday night, all according to the weather service.
This is a developing story. Stay with app.com for updates.
Erik Larsen: 732-682-9359 or elarsen@gannettnj.com
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‘The Universim’ Early Access Update Lets You Colonize The Moon – Trailer – WorthPlaying.com
Posted: at 8:01 am
Your civilization will evolve throughout the ages, with or without your guidance. You are taking control of a living simulation, not the same static world you are accustomed to. The AI will make many of its own decisions, and the world will change dynamically, throwing various challenges at your civilization at random times. You can attempt to influence your civilizations decisions, or simply watch as their decisions begin to bear fruit or lead them into ruin.
However, when it comes to research choices, exploration, and colonization of alien planets, you have complete control. You can select their research path, and develop whatever technologies you deem important for the near future. Be warned, though. Research decisions play a crucial role in how your civilization progresses from era to era. Failure to do adequate research into the appropriate field for the time period will cause your civilization to suffer, or even perish entirely.
Developer and publisher Crytivo is pleased to announce the beginning of the Space Age for The Universim, starting with the colonization of the Moon.
The time has come for the Nuggets to move further into space. The first step is to set your Nuggets foot on the moon!
This v0.1.54 patch will finally bring plenty of new and exciting features to the game - but this is only the first step on your Nuggets path. In the future, you will have the opportunity to colonize and explore many other planets, each having its own negative and positive aspects. For now, let's concentrate on the things we can find in this patch.
First of All, MOON!
As mentioned before, the Moon is just the first planet that your Nuggets will be able to colonize. It is relatively safe and has a low difficulty curve in its colonization. This type of planet, as you all might have guessed, is considered to be a Barren Planet. The planet does have plenty of rocks and some underground resources, but it lacks oxygen. This celestial body also lacks water as well as any life on the planet; these issues are something that you will have to tackle in order to fully colonize the planet. Think carefully about what you want to bring to the Moon in terms of resources and what buildings you would like to construct there first. The first step is crucial to the survival of your civilization. If your first colonization wont be successful, you will have to utilize your interplanetary transportation system in order to deliver goods to the planet.
Cosmodrome
This is one of the first buildings that will set you on the path to colonization. The building was completely reworked from the ground up. You will be able to use the cosmodrome to build your colonization rockets. Only one rocket can be built per planet. Consider this rocket to be your epicenter; where your civilization will start anew on a planet. In this building, you can load your rocket with Nuggets and Robox (later on with drones) and resources. Loading the resources is done in two different ways: you can either load any amount of resources or you can select a tab that will display all kinds of buildings. From this tab, instead of calculating how many resources you need, you can simply select any buildings that you would like to be built on your newly colonized planet and Nuggets will deliver resources needed for those buildings.
Rockets have a limited amount of space on them. In the future, you will need to think carefully about what you would like to take with you on a planet based on the learned information about the planet and its condition.
Spaceport
This is the center of your transportation of goods. Each spaceport that is built provides you with 4 trading cargo ships on which you will be able to load different resources and help your Nuggets stay sustained. This building will allow you to set up any trading routes you would like to implement. Select both the resources you wish to deliver and the number of times you would like those resources to be delivered. You can select 1-10 or infinity. Later on, you will be allowed to constantly stream the specified amount of resources on the recipient planet.
Terraformer
This is one of the main buildings that will allow you to start terraforming the planet. The building constantly consumes resources and, in exchange, will restore flora within the radius this building can operate. Slowly and by utilizing resources, this building will be able to make any planet green as life is established.
Oxygen Generator
Since there is no oxygen on the Moon, this is one of the buildings that you will certainly need. Similar to the terraformer, this building will consume resources in order to provide oxygen to the planet, but there is one major thing to note about this building: if electricity is lost, then the generator will drop your oxygen to the previous level (the oxygen level present before the building was constructed). In other words, this building provides the planet with oxygen, as long as you have it working. In order to truly restore the oxygen on a planet, you will need to implement forests and lakes upon the planet. But, as a short term solution, oxygen generators will surely provide enough O2 for your Nuggets to prevent suffocationunless you forget to pay your electricity bill.
Hydro Collider
From the name of the building, you could probably guess the purpose of this structure. This building will create water on your planet. Place it similar to water pumps on a shoreline and let it run. Shortly thereafter, you will notice how the level of water increases, but be careful not to overwork it! The Hydro Collider does consume resources in order to craft water for your planet.
Cloud Generator
This is another solution to the water problem on a planet. Cloud generators will allow you to restore water on the planet by creating clouds! This building will produce clouds in exchange for resources, but the amount of resources is significantly less than the resources needed for the Hydro Collider. Even though this solution can be ideal for certain planets, there is one thing to note: cloud generators take time to create water. If you need to restore something quickly, consider using the Hydro Collider, otherwise a Cloud Generator will do a great job!
Robox
In unlocking space travel, your Nuggets also took some time to think about the best way to move their constructions to other planets or even across the same planet. This is how Robox was born! This little box with legs consists of highly transformable material and can inherit the functionality and shape of any building - but it does come with costs. In order to create a Robox, you can either order it for your colonization rocket or you can convert one of your buildings into this creation. Pressing the convert button on a building panel will pack the building into this little weird metallic creature that can be loaded onto the rocket and sent to another planet. You obviously can also use it to move your buildings around
Oxygen & Space Suits
Your Nuggets cant survive without oxygen. Upon landing, your Nuggets will have to constantly return to your colonization ship in order to restore the oxygen in their space suits. Once the oxygen on the planet is restored or you have enough to the point where your Nuggets wont need their suits anymore, they will perform faster and better. At the end of the day, they dont need to constantly replenish their oxygen from the rocket.
A low amount of oxygen on the planet also has a negative effect on the planet's condition and disasters. Without the oxygen restored, you wont have an atmosphere that can protect your planet from meteor strikes, therefore, frequent meteor showers are expected on a planet without oxygen. You will also be missing clouds that do provide essential water to the planet (your cloud generators do not care about oxygen due to chemicals being used to create those clouds).
Roads
The Space Age also will introduce a new type of road your Nuggets will utilize. Upon the initial landing on the Moon, your Nuggets will utilize rope roads. They will be moving along the ropes, holding it with their little hands in order to stay on track. Later on, as your civilization progresses forward, rope roads will be changed to advanced Space Age roads. Even though, at this point, roads wont be utilized as much due to flying cars, it still will provide a necessary movement boost to your Nuggets.
Flying Cars
Nuggets advanced quite far during this time. Since they learned how to fly, they also learned how to utilize all of their received knowledge in order to create flying cars! Those cars are highly effective and do not create any traffic, but they do come with upkeep costs.
Domes
Due to limited oxygen on the planets, your Nuggets will initially build houses with domes that will be a safe space for them to get oxygen. Slowly but surely, your Nuggets will build larger domes that contain more families inside of them, but this is not the best and long-term sustainable living your Nuggets will want. Once the oxygen is restored, your Nuggets will move towards rebuilding their houses and constructing new, highly advanced homes.
Space Age Houses
Space Age houses will take the place of domes and be built instead of the domes once the oxygen levels are restored. They can contain many families inside them at night thoughthis is something spectacular. We are really proud of our Nuggets and how advanced they have become 🙂
Background Planet Simulation System
A highly advanced simulation system was built for the Space Age. Since many planets will eventually be introduced, we wanted to allow players to explore those planets without worrying too much about other planets, as well as allowing interplanetary trading. The system that we built will do its best to simulate the current state of your planet based on how much time has passed. In order words, it will use all the reproduction rates that your planet has and create new Nuggets, age existing Nuggets, calculate produced resources, consumed resources by your civilization, etc. Creating a self-sustainable planet and leaving that planet will allow our simulation system to keep up with everything and continue simulating life on that planet. Who knows what you will find once you come back
Unfortunately, if you left your planet in distress, our simulation system will continue to simulate what would happen to it based on the time passed.
Bloom Effect
One of the exciting improvements weve made was changing our visuals, especially during night time. At night, youll see something called the bloom effect. This effect will make your city play with colorful colors during night time when all the lights are on, creating a magnificent effect across your planet.
Space Age and Modern Music
It is time to introduce some new tracks to the game! We worked with our composers in order to produce 10 new awesome tracks for this era, keeping you pumped and excited to play the game in the Modern Age and Space Era.
Space Age Construction Sites
Through the ages, Nuggets have advanced their technology and techniques. Thousands of construction sites were created and used to build gorgeous constructs, and the Space Age is no exception. We worked on new visual effects for the construction sites for the Space Age buildings.
Modern Age and Space Era Building Upgrades
Besides introducing tons of new content, we did not forget about the building upgrades to make your cities in space look stunning. As usual, each building upgrade will provide certain benefits, so make sure to build them all!
Space Age Cemetery
Welp, it's time to send your Nuggets to space. Literally. Instead of burning your Nuggets, Space Age cemetery workers will put your Nuggets in capsules and send them deeper into space.
Space Age Expedition Camp
Space Age Garage
Upgrade your garage to receive flying cars! Create your own futuristic cities and resolve all the issues of traffic. Your Nuggets will convert to flying cars in order to reach their destinations. The roads beneath them will still produce a boost to their movement speed, but make sure to have enough fuel for your cars to remain up in the air.
Space Age Bridge
Modern bridges got their upgrade to Space Age bridges. Even though the functionality of the bridges did not change, they definitely received an awesome new look!
Space Age Water Pump
Issue with the water? Dont worry, the Space Age water pumps will pump the water in no time. The increased amount of water that is being pumped will definitely resolve problems when expanding your city.
Space Age Reservoir
Increase the drinkable water generation speed and capacity by upgrading your reservoirs to the Space Age!
Modern Age Battery
Batteries didnt progress too much throughout this time, but they did indeed see an upgrade. Upgrade your medieval batteries into new and shiny modern batteries and increase their capacity along with it.
Space Age Eatery
Advanced technology allowed us to place plenty of machinery in the kitchen, which in return yielded faster cooking speeds.
Modern Age Warehouse
Wooden shacks were no longer suitable for Nuggets and their needs. Due to an increased output in resources, a bigger storage space was needed. Modern Age warehouses surely can help with the double output and provide enough storage space for any resources.
Space Age Farm
Farming is easy now! Experience completely automated factories with maximum production by upgrading your farms. This will drastically increase the output of food for your civilization.
Space Age Hospital
Even though the amount of beds did not increase, the efficiency with which Nuggets learned how to manipulate robotic arms allowed Nuggets to increase the speed of treating their patients.
Improvements and Balance Changes
Bug Fixes
This is so far one of our biggest patches that we released and it is our first step towards full space expansion! There are still more things coming in the future and we cant wait to present them to you. We hope you will enjoy this patch and we would love to hear your thoughts and feedback, since this will help us to shape the game further.
The Universim is currently available through Steam Early Access for $29.99.
With the use of an ambitious in-game engine called Prometheus, which is currently in development, we aim to simulate planets accurately by implementing important natural processes and events. Prometheus will simulate the various environmental biomes on the planet, and the changing of seasons within these regions. Winter will be the most challenging of seasons, as it hinders development and progress. It will also place strain upon your civilization if they failed to prepare adequately for the winter beforehand. Storing food and developing ways to keep warm are excellent examples of effective preparation. It will also be responsible for the generation of unique new planets for you to explore.
For example, a planet could be generated with very little oxygen. The colonization team would then need to be equipped with atmosphere generators to ensure a habitable environment. However, these generators cost resources to develop and run. The same effect can be achieved with a more cost-effective method. Planting trees! But alas, they will do so far more slowly. It all comes down to what kind of strategy the player wishes to employ.
There is an element of natural progression and evolution in the game. Beginning in the Stone Age, and advancing all the way to the era of intergalactic exploration is something players can look forward to. The ability to colonize planets and explore the vast expanse of the universe is then unlocked. This is when players can begin forging their galactic empires in the stars. Every planet will have unique and interesting characteristics that will challenge the player to properly evaluate the dangers and rewards before initiating the colonization process. As with everything, preparation and strategy is crucial!
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'The Universim' Early Access Update Lets You Colonize The Moon - Trailer - WorthPlaying.com
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Opinion | The Slave Trade Didn’t Come Out of Nowhere – The New York Times
Posted: at 8:01 am
The features of the man, his hair, color and dentifrice, his subhuman characteristics so widely pleaded, were only the later rationalizations to justify a simple economic fact that the colonies needed labor and resorted to Negro labor because it was cheapest and best, Williams writes. The planter, he continues, would have gone to the moon, if necessary, for labor. Africa was nearer than the moon, nearer too than the more populous countries of India and China. But their turn was to come.
One thing Id like you to consider, and this is something I will return to in the future, is the extent to which racial distinctions and racial divisions are rooted in relationships of class, labor and property, even when they take on a life and logic of their own. And if thats true, I would like you to think about what that means for unraveling those divisions and distinctions, and consigning the ideology of race to the ash heap of history.
My Tuesday column was on a supposedly pro-worker proposal from Senator Marco Rubio that does little more than give employers another avenue for union busting.
If an employee involvement organization cannot bargain and cannot negotiate and can be dissolved at any point by the employer, then what purpose does it serve other than to subvert union organizers and channel worker unrest into a front organization for management? The same goes for the nonvoting board representative. Without power to act, what does it matter that someone is permitted to watch and listen?
My Friday column was, yet again, on how the Supreme Court cannot be trusted to defend the civil and voting rights of all Americans.
It is Congress, and not the Supreme Court, that has, over time, done more to defend the civil and voting rights of all Americans. To do the same, the court has had to reverse its own work. As Nikolas Bowie, an assistant professor of law at Harvard, has written, As a matter of historical practice, the Court has wielded an antidemocratic influence on American law, one that has undermined federal attempts to eliminate hierarchies of race, wealth, and status.
Brian Highsmith and Kathleen Thelen on the role of the courts in American political economy for the Law and Political Economy Project.
Michael Hobbes on cancel culture in a video essay for YouTube.
Musab Younis on whiteness for The London Review of Books.
Teresa M. Bejan on equality and egalitarianism for the Boston Review.
Natasha Lennard on liberal immigration policies in BookForum.
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Opinion | The Slave Trade Didn't Come Out of Nowhere - The New York Times
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The war on drugs failed. Don’t try it again – Pennsylvania Capital-Star
Posted: at 8:00 am
By David Maxted, LaQunya Baker, Lindsey Webb, and Z Williams
The tragic rise in overdose deaths from fentanyl and other opiates deserves urgent attention from Colorado leaders. Evidence-based harm reduction policies such as free and widespread access to naloxone, public education regarding the risks of fentanyl, free testing supplies like fentanyl test strips, and supervised use sites will save lives.
Paired with productive policies like low-barrier drug treatment, stable housing, and investment in community-driven overdose prevention, we can overcome this crisis and improve public health and safety in our state.
In awidely-publicized press conference, Colorado state senator and U.S. congressional candidate Brittany Pettersen, state Sen. Kevin Priola, and Colorado Attorney General Phil Weiser announced they would take on the overdose crisis. Although public health measures received mention, they put disturbing emphasis on police enforcement and increasing prison sentences, most notably making possession of small amounts of fentanyl a felony.
Pettersen even claimed they will go after the cartels and end the crisis by increased spending on law enforcement and prison sentences.
This surprising rhetoric would have us repeat the failed war on drugs, which since the 1980s has led to mass incarceration and the systemic racism infecting our criminal system. We do not have to imagine what happens when our government spends billions of dollars claiming to go after the cartels. We know.
The result is not reduced overdose deaths, nor is it a reduction in drug supply. The result is aggressive racial profiling, militarized policing of poor and working-class communities, and thousands of Black, Hispanic, Indigenous, and other people of color disproportionately and systematically funneled into excessive prison sentences.
If prison worked, or if enforcement eliminated drug supplies, the U.S. would have seen a decrease in drug use and overdose deaths in the decades since the war on drugs began.
When people incarcerated for drug possession return to their communities, they do so with stigma, trauma, untreated health issues, and significant barriers to both employment and stable housing. The harm inflicted by excessive prison sentences the economic waste, trauma and fracture ripples through families and communities for generations to come. Meanwhile, wasted spending on incarceration drains resources from effective public health solutions such as housing and health care, and the crisis only deepens.
No one is immune: DDAP encourages Pa. workers, health care workers, to invest five minutes to better understand addiction
If prison worked, or if enforcement eliminated drug supplies, the U.S. would have seen a decrease in drug use and overdose deaths in the decades since the war on drugs began. Instead, data show that we suffer from 10 times the number of overdose deaths compared to 1990, despite billions spent on prohibition. The use and availability of fentanyl and other opiates has increased, not decreased. This trend is, at least in part, a result of the increasingly intense criminalization of drug trafficking which has driven the suppliers market toward more potent and easily transportable drugs such as illicitly manufactured fentanyl and fentanyl analogues.
Every overdose death is a tragedy, and too many Coloradans have been impacted by overdoses and a lack of health care for users. But lets not be fooled. Its easy for politicians to jump to lock em up policies as a supposed quick fix to try to appease voters. We know from more than four decades of the failed war on drugs that this quick fix is a fiction. Prison and enforcement has not and will never make us safe from the risks of substance use. We need our leaders to tell the truth about this fact. We owe it to those who have lost their lives to overdose, and to those lives that can still be saved.
Communities most impacted by the overdose crisis have led effective outreach and intervention, and will continue to do so for the safety and health of Coloradans. Rather than rebranding old failed policies that will only cause more harm, our legislators and Attorney General Weiser must listen to public health advocates and the voices of marginalized communities. They must courageously focus on evidence-based public health solutions to overcome this crisis and save lives.
David Maxted is a civil rights and criminal attorney atMaxted Law LLC. LaQunya Baker is a part-owner of Baker Oliver Simpson Law, a criminal defense law firm, and a visiting assistant professor of the practice of law at the University of Denver Sturm College of Law. Lindsey Webb is associate professor at Denver Law School. Z Williams is an activist and 2021 graduate of Denver Law School. They wrote this piece for Colorado NewsLine, a sibling site of the Pennsylvania Capital-Star, where it first appeared.
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The war on drugs failed. Don't try it again - Pennsylvania Capital-Star
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Just say yes to the War on Drugs in San Francisco – East Bay Times
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Its pretty much like clockwork for the War on Drug.
These Philly rockers release a new record and then, a few months later, it winds up on multiple year-end best-of lists.
Thats what happens when you keep putting out such awesome efforts as 2014s Lost in the Dream and 2017s A Deeper Understanding.
The trend definitely continued with last years I Dont Live Here Anymore, which ended up being included on the best-of-2021 lists by such publications as Paste, Spin, the Guardian and, yes, even this newspaper.
Chalk it up to the genius of frontman Adam Granduciel, who manages to construct exciting new works that somehow have the feel of a great lost classic-rock album. Plus, hes one of the top guitar heroes of his generation, painting notes that seem to draw from the palettes of such all-time greats as Mark Knopfler, Mike Campbell and Phil Manzanera.
Expect a fantastic night of music when the War on Drugs performs Feb. 25 at the Bill Graham Civic Auditorium in San Francisco. Show time is 8 p.m. and tickets are $46, apeconcerts.com.
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The state Cannabis Control Commission seeks to right the wrongs of the war on drugs – The Boston Globe
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If you are a Massachusetts resident who has been harmed by the war on drugs, either personally, through a family members experience, or in your community, now is the time to pay attention to the cannabis industry and make your voice heard.
The state Cannabis Control Commission is evaluating which Massachusetts cities and towns were hit hardest by previous marijuana prohibition and enforcement, and which residents, by law, should be eligible to receive the benefits of the now-legal, $2.5 billion industry.
Our state was the first in the nation to enact a mandate to promote equity in the regulated marketplace. As a result, our agency offers benefits to certain populations, including those who have resided in 29 specific municipalities designated as disproportionately impacted areas. Of those 29, municipalities with populations over 100,000 have been subdivided into census tracts.
Individuals who have lived in a disproportionately impacted area may be eligible to participate in the commissions Social Equity Program, for example. The program provides training and technical assistance to prospective marijuana business owners, employees, and ancillary companies that provide services to licensees, and other licensing benefits. Plus, each license applicant who comes before the commission must submit a plan to positively impact disproportionately harmed people, detailing how it will invest resources in communities on the DIA list and other populations.
Several studies, largely relying on arrest data, poverty rates, and racial demographics, inform the commissions ongoing review of disproportionately impacted areas. In 2017, an independent researcher published The Impact of Drug and Marijuana Arrests on Local Communities in Massachusetts. In 2021, the commission and the UMass Donahue Institute released, Identifying Disproportionately Impacted Areas by Cannabis Prohibition in Massachusetts. The data and methodology used to determine the most harmed communities are available for public review.
Ive expressed concerns about lingering gaps. For one thing, crime does not always occur where offenders live. In other words, Boston census tracts in downtown and Back Bay may experience a high concentration of property crimes due to increased daytime population, the presence of stores, and more opportunities for theft. However, that does not mean residents of those areas have been disproportionately harmed by marijuana prohibition or should be eligible for the benefits of legalization. It is critical that we recognize important indicators of disproportionate impact in offenders own communities, and that their neighbors be considered for these benefits.
My colleagues and I have met with community leaders, municipal officials, licensees, and equity applicants to understand their perspectives on possible changes to the current list. Now, the public is invited to weigh in by submitting comments to Commission@CCCMass.com by March 4.
Some may argue that expanding the disproportionately impacted areas list is better for the cannabis industry because more eligibility means more areas benefit. However, that ignores the purpose of Massachusetts equity mandate and undercuts the restoration of communities that are still living with the impact of the war on drugs.
According to a MassINC study, approximately half of Department of Correction inmates are released into just 10 communities statewide. Unsurprisingly, they are among the highest crime areas in the Commonwealth and have experienced firsthand collateral damage caused by the war on drugs. Whats more, people of color represent three-fourths of those convicted of mandatory minimum drug offenses in Massachusetts but make up less than one-fourth of our population. That reality must be represented on the disproportionately impacted areas list.
Despite legalization, marijuana enforcement continues to hurt urban communities and destabilize high-incarceration-rate neighborhoods. For decades, men and women were kept out of the workforce while serving time for cannabis offenses; then, upon release, they were effectively barred from jobs, housing, and opportunity because of those criminal records. Persisting systemic disparities and inequities completely sidelined talent and stunted economic growth for entire communities. Meanwhile, thousands now reap the rewards of a thriving legal industry in Massachusetts.
The complexities of the war on drugs evoke discomfort and pain, particularly among those coping with its collateral consequences. However, to ensure justice in the booming Massachusetts cannabis industry, it is critical that those who should benefit participate in this process.
If we, as a collective, do not pay attention to how the DIA list evolves, the very people Massachusetts is mandated to support are at risk of further disenfranchisement. The commission can and must do better with a more comprehensive and inclusive approach.
We owe it to ourselves, our families, and our communities to get involved now.
Ava Callender Concepcion is a Massachusetts Cannabis Control commissioner and is a member of the Massachusetts Bar. She lives in Uphams Corner in Boston.
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The War On Drugs Covers Bob Seger In St. Paul – JamBase
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Watch Adam Granduciel celebrate his birthday by performing Against The Wind.
By Andy Kahn Feb 16, 2022 6:30 am PST
The War On Drugs covered Bob Segers classic Against The Wind during their show on Tuesday in St. Paul, Minnesota. The bands first of two concerts at the Palace Theatre coincided with frontman/guitarist Adam Granduciels birthday.
Its my birthday and Im going to play a fucking Bob Seger song!, Granduciel told the audience.
He and his bandmates then ran through a mid-set rendition of Against The Wind, which served as the title track to Bob Seger & The Silver Bullet Bands 1980 album. The cover was preceded by a tease of Segers Night Moves.
Touring in support of the 2021 LP, I Dont Live Here Anymore, The War On Drugs setlist Tuesday night contained nine of the records 10 tracks. The show also included the tour debut of Disappearing from 2014s Lost In The Dream. During the evenings encore, Night Moves was again teased before the Occasional Rain finale.
The War On Drugs returns to the Palace Theatre for another show tonight. Watch video footage of last nights Against The Wind and Night Moves fake-out via Kyle Matteson below:
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Pacquiao to allow probe of Duterte war on drugs – BusinessWorld Online
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BOXING champion and Senator Emmanuel Manny D. Pacquiao on Wednesday said he would allow an international probe of Philippine President Rodrigo Dutertes war on drugs if elected.
The boxing icon also vowed to fight illegal drugs the right way, noting that innocent people had been executed under the tough-talking leaders anti-narcotics campaign.
I believe there are extrajudicial killings based on what I know, he told foreign journalists at a news briefing. I know some people who have been victimized even though it is not true [that they were involved in drugs].
Mr. Pacquiao, once a staunch Duterte ally, also said he would consider rejoining the International Criminal Court (ICC), from which the Philippines under Mr. Duterte withdrew in 2018. He promised justice for victims of the drug war.
Called Pacman by his Filipino fans, the senator is behind Ferdinand Bongbong R. Marcos, Jr. and Vice-President Maria Leonor Leni G. Robredo in presidential opinion polls.
The Hague-based tribunals pre-trial chamber has ordered a probe of Mr. Duterte as it found a reasonable basis that crimes against humanity might have been committed in his war on drugs.
Back in 2016, the boxing champion had defended Mr. Dutertes anti-illegal drug campaign, but now thinks some drug suspects might have been executed.
Mr. Pacquiao also said he would form a peace panel with China to discuss the South China Sea dispute if he becomes president.
What we hope and seek here is to be friends with all countries, he said in Filipino. Its the agreement that will help develop the lives of every Filipino family.
The deal with China should ensure that Filipino rights are not abused, he said, adding that experts and agencies would be allowed to join the discussion. Our first concern here is the benefits to the Filipino people.
The South China Sea, a key shipping route, is subject to overlapping territorial disputes involving China, Brunei, Malaysia, the Philippines, Taiwan and Vietnam. China claims more than 80% of the disputed waterway.
The boxing champ said his government would not seek help from other countries in solving the dispute as far as possible.
Several allies have backed the Philippines in the sea dispute with China, whose claim to the sea was rejected by a United Nations-backed tribunal in 2016.
The United States has said it supports the arbitral award and a Mutual Defense Treaty with the Philippines in case of an armed attack on Philippine Armed Forces, public vessels or aircraft in the sea. Under the treaty, both sides must help each other in case of any external aggression.
NET WORTHMeanwhile, Mr. Marcos, Jr. on Tuesday night said he is OK with divulging his net worth statement if he wins the elections this year. But doing so is still a government officials prerogative, he added.
Its not a problem, he told a presidential debate on Sonshine Media Network International, which is owned by Mr. Dutertes spiritual adviser. There is no need to change the law requiring public officials to disclose their net worth, he added.
The Commission on Elections (Comelec) this month rejected lawsuits seeking to disqualify the son and namesake of the late dictator Ferdinand E. Marcos from the presidential race after a trial court convicted him in the 1990s for tax evasion.
The Comelec First Division said the crime did not involve wicked, deviant behavior. The case is on appeal before the en banc.
Mr. Marcos noted that as a private citizen, he had not filed his net worth statement for the past six years, but he would do so once he becomes president. Last month, he said the document could be used to attack political opponents.
Under a memo issued by the Ombudsman in Sept. 2020, an officials net worth report can only be released to his authorized representative or upon a court order. The Ombudsman order also excluded journalists from obtaining copies of the statements.
Mr. Duterte had not disclosed his net worth despite his vow of transparency, the Philippine Center for Investigative Journalism reported in 2020.
Since the law requiring public officials to disclose their net worth was enacted in 1989, all five presidents before Mr. Duterte had disclosed their net worth year on year without fail, it said.
At Tuesdays debate, former presidential spokesman Ernesto Abella, labor leader Leodegario Ka Leody de Guzman and former Defense chief Norberto B. Gonzales, who are all running for president, said they would disclose their net worth statement if they are elected.
Also on Wednesday, political analyst Victor C. Manhit said Mr. Marcos has a better chance of winning the presidential race this year after his running mate Davao City Mayor and presidential daughter Sara Duterte-Carpio opted to run for vice-president instead.
Duterte loyalists transferred their support from Ms. Carpio to Mr. Marcos as a result, he told an online news briefing. What we saw is a consolidation of the voices of the Marcoses and Dutertes.
Mr. Marcoss lead in presidential opinion polls has increased in the past months. A Social Weather Stations poll in January found that 50% of Filipinos would vote for him as president, up from 47% a quarter earlier.
A similar poll by Pulse Asia Research Group in January found that six of 10 Filipinos would vote for him, up from 53% a month earlier. Alyssa Nicole O. Tan and KATA
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The Republican ‘war’ at the border is a bluff. They aren’t about to take on the cartels – The Arizona Republic
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Opinion: Republicans talk tough on border security, but they're bluffing about going after the drug cartels and seriously addressing overdoses at home.
The Republicanwar against drug cartels is all a bluff and thats most unfortunate.
For all their tough talk, they dont really mean to crack down on transnational cartels that are blanketing the U.S. market with fentanyl and all sorts of other deadly drugs.
If they were serious about going after the cartels, they would have done so already atthe U.S.-Mexico border, and most importantly, in the heartland where traffickers are easily distributing drugs that killed more than 100,000 people just last year.
Butbluffing about waging an unconstitutional war at the southern border gets thepublics attention, which they needto win voters leading up to this years midterms.
Case in point. Arizona Republican Attorney General Mark Brnovich this week issued a legal opinion effectively saying that Republican Gov. Doug Ducey can send troops to the border.
That argument is highly disputed by constitutional lawyers. But thats inconsequential for Brnovich who doesnt mind making a fool of himself in his quest to become a U.S. senator.
Ducey is termed out and isnt running for anything yet.
Still, Duceyis peddling the notion that America is under attack at the southern border and that drug cartels must be reined in.
The GOP is using that strategy nationally to win governorships and local races, and to take the U.S. Congress back from Democrats.
Republicans are good at staying on the border invasion message, which is to attack illegal immigration and blame the Democrats for it.
But its all anillusion. They arent going after the cartels operating freely and violently in Mexico and distributing the drugs here.
The Mexican people have paid a heavy price in that countrys war on drugs the body count surpassing more than 250,000.
Americans remain oblivious to thedeadly war raging south ofthe border while our own people consumethe narcotics.
The U.S. has never taken the demand side of things seriously, former Mexican President Felipe Caldern told The Wall Street Journal.
Caldern unleashedthe Mexican war on cartels during his 2006-12 presidency that has left a trail of bodies.
Its clear who won not just in Mexico but north of the borderwhere cartel distribution networks reach all corners of the U.S.
Americans, gullible enough to believe politicians, are eating up the border invasion rhetoric while people are dying of overdoses courtesy of the cartelsoperating on Americas streets.
Caldern is right.
Americasdrug war, which President Richard Nixon started in 1971, has failed because it has primarily focused on the countries supplying the drugs, including Mexico, Colombia, China and Afghanistan.
Meanwhile, not enough attention and resources are given to the demand side.
And now more than 100,000 people have lost their lives, mostly due to fentanyl. Drug overdoses increased by 28% from last year, according to the Centers for Disease Control and Prevention.
Unfortunately, the death toll is likely to rise in part because potent drugs like fentanyl are readily available in the U.S.
The CDC defines fentanyl as a synthetic opioid, which is 50 to 100 times more potent than morphine.
Theres no questionthat Mexican cartels are smuggling fentanyl to the U.S.
But synthetics can now be manufactured almost anywhere, using easily obtainable chemicals, according to extensive reporting by The Wall Street Journal.
That deserves serious attention not just sending a handful of National Guardsmen to the border to support law enforcement or setting up a mostly ineffective Border Strike Force.
Ducey and other local leaders needto do more to curb drug trafficking and tackle the huge drug addiction problem.
Governors like Duceycant arbitrarily declare war the Founding Fathers left that responsibility up to the federal government.
Ducey is smart not to take Brnovichs opinion to declare war seriously.
But its also too bad that he and others are distracting voterswith a border invasion of mainly poor and desperate asylum seekers instead of joining forces with Democrats to fight the cartels.
It really is too bad the Republicansholding office are just bluffing.
A real and thoughtful war on drugs could help Mexicans desperate to end the cartel killings, and most importantly, curtail Americans demandfor drugs.
Elvia Daz is an editorial columnistfor The Republic and azcentral.Reach her at 602-444-8606 orelvia.diaz@arizonarepublic.com. Follow her on Twitter,@elviadiaz1.
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