November 8, 2004
Cruel and Unusual - The End Of The Eighth Amendment
Cruel and Unusual - The End Of The Eighth Amendment
It might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
It might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
One small st.... yeah yeah
Move over X-Prize - in order to win the next big space prize($50 million) one will have to build a spacecraft capable of taking a crew of no fewer than five people to an altitude of 400 kilometers and complete two orbits of the Earth at that altitude. Then they have to repeat that accomplishment within 60 days.
Bait and switch
Is a government-sponsored Web any kind of Web at all? Iranians will soon find out, including MeFite hoder, prominently featured in the linked piece (and, worrisomely, recipient of his very own death threat this week). More information on Iranian and Persian bloggers here.
Louis Feuillade, le Maître du cinéma
Detailing the impossible. Louis Feuillade made more than 800 films covering almost every contemporary genre: historical drama, comedy, realist drama, melodrama, religious films. However, he was most famous, or infamous, for his crime serials: Fantômas (1913-14), Les Vampires, Judex (1916), La Nouvelle Mission de Judex (1917), Tih-Minh (1918) and Barrabas (1919).
Critics panned his crime films, often savagely, because the preoccupation of French critics and film-makers in the 1910s and 20s was to elevate cinema -– and, ironically, back then the French saw their own films as lacking the artistry and sophistication of American ones, by Griffith or DeMille – to the level of art. It was years before Feuillade's films escaped the label of aesthetic backwardness. Now, critics have realized that what Feuillade has done is to offer us an alternative cinematic mode to Griffiths', one that continues in updated variants throughout cinema. It is predicated on a principle of uncertainty, that questions our understanding of the real. It is as fluid and elusive a tradition as a cat burglar, dressed in black on a night-time rooftop.
Ecliptique panoramique
Ecliptique panoramique is a site with stunning panoramas (QT required)... Most of the descriptions are in French only, but the photography is breathtaking.
Just Like Mom Used To Make
Seattle, WA, U.S.A. – Jones Soda Co. (the "Company" or "Jones Soda" or "Jones"), announces today its limited edition holiday pack of five new seasonal flavors which includes: Green Bean Casserole Soda, Mashed Potato & Butter Soda, Fruitcake Soda, Cranberry Soda and Turkey & Gravy Soda.
How it is that we have come to invade Iraq
How it is that we have come to invade iraq Zen teacher Sevan Ross, on the reasons for our invasion of Iraq.
Douglas Rushkoff's new Frontline show tomorrow
Set your TiVos (no really, try this), mooks and midriffs, Douglas Rushkoff has a new Frontline about the "persuasion industry" coming out tomorrow night on PBS. If you caught his Merchants of Cool a couple years ago, you'll probably agree it was a breakthrough program and I hold high hopes for this year's update on how advertisers rule our world.
Steve Rocco
"Absolutely nobody, but nobody has seen this guy," said Paul Pruss, a middle school teacher who is president of the union. "The whole thing is just bizarre."
Steve Rocco, a 'mystery candidate' / unknown recluse, won a seat on the Orange Unified School District by 54%, beating out Phil Martinez, a park ranger who raised contributions, attended forums and sent out a political mailing to homes of voters in the district, none of which Rocco did.
What might have helped him this time around was that he identified himself as a writer/educator on the ballot, though he offered no proof of those occupations.
Steve Rocco, a 'mystery candidate' / unknown recluse, won a seat on the Orange Unified School District by 54%, beating out Phil Martinez, a park ranger who raised contributions, attended forums and sent out a political mailing to homes of voters in the district, none of which Rocco did.
What might have helped him this time around was that he identified himself as a writer/educator on the ballot, though he offered no proof of those occupations.
Let them eat cake!
Mr. Bush's first big political move. Banning gays? Killing babies to produce oil? No, tax reform! What? Nothing sinister in that, you say! Except he might totally do away with the current system and create a flat tax or national sales tax. Quick, everyone read up on flat taxes, and national sales tax! Blogger's favorite economist Atrios gives his two cents. With everything going on, it is almost nostalgic to see tax reform become an issue.
Group as User: Flaming and the Design of Social Software
Group as User: Flaming and the Design of Social Software is Clay Shirky's latest essay on social software. It describes some interesting experiments and avenues for experimentation in reducing flaming in social discourse software. A prime example is Bumplist.
The Hedonistic Imperative
The Hedonistic Imperative. David Pearce wants to promote paradise-engineering and abolish the biological substrates of suffering in all sentient life. A brave new world? What would Buddha do?
Pass the gefilte from the left hand side.
Matisyahu - Hasidic Reggae.
Gun Nut Nirvana!
eBay for the NRA
A place (mentioned once before in the blue, here) where you can drop nearly $4K on a high-end showgun or bid on a His & Hers Pistol Set or, if you just need a gat for a quick drive by maybe a Cobray CM-11 Carbine 9mm is what you need (with a free 32-rd magazine!). What's that? Thirty two rounds isn't enough? Go big and get the 50 round clip!. Or heck, why not get yourself a real honest to goodness Gatling Gun (sure it shoots .22 rounds but they are dirt cheap and you can run through up to 1200 in a minute)?
I'd like to get one of these cute little numbers. But I also wouldn't mind one of these either.
Note: All gun auctions are processed in complete accordance with firearm laws, all guns are shipped to Federally licensed gun dealers and background checks are run on buyers.
I am a gun nut and I approve this message.
A place (mentioned once before in the blue, here) where you can drop nearly $4K on a high-end showgun or bid on a His & Hers Pistol Set or, if you just need a gat for a quick drive by maybe a Cobray CM-11 Carbine 9mm is what you need (with a free 32-rd magazine!). What's that? Thirty two rounds isn't enough? Go big and get the 50 round clip!. Or heck, why not get yourself a real honest to goodness Gatling Gun (sure it shoots .22 rounds but they are dirt cheap and you can run through up to 1200 in a minute)?
I'd like to get one of these cute little numbers. But I also wouldn't mind one of these either.
Note: All gun auctions are processed in complete accordance with firearm laws, all guns are shipped to Federally licensed gun dealers and background checks are run on buyers.
I am a gun nut and I approve this message.
« Previous day | Next day »