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16 January 2006
Thoughts on Martin Luther King, Jr.
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If I am not for myself, who will be for me?
But if I am only for myself, what am I?
And if not now, when?


Hillel, Pirkei Avot 1:14

To some, Martin Luther King, Jr., 1929-1968, was a saint or a hero. Here at Crablaw, we are disinclined to make any human being a hero or saint, viewing the majority of the human race as standing, as it were, between the 45-yard lines of morality at best. We need not look upon King as a saint or a hero, however, to ask ourselves - what have we done for justice lately?

If a totalitarian regime were to take over the United States and imprison all persons engaged in activities aimed at the protection of individual liberty and fundamental fairness for all, who among us would have produced enough evidence to convict ourselves?

A fact often overlooked in the hagiography of King is his youth. Not only was he assassinated, but at a fairly young age. I am 36, and King did not make it to 40. Makes me wonder personally whether I will look back and see myself as actually having exerted an effort to do something meaningful, something truly good. While I can look at my children as truly good, and perhaps use them as an excuse not to do be engaged, Martin Luther King was a father as well as a minister, organizer, activist, orator and Nobel Prize winner.

One thinks of the White Rose, the small but powerful anti-fascist student organization at the University of Munich that resisted Hitler and the Third Reich through incendiary, morally charged leaflets (in pre-xerox days) left at telephone booths and the like. They were in their early twenties, knowing full well that the death penalty awaited them if they were caught. White Rose leader Sophie Scholl told her executioners just she was beheaded, "your heads will roll too." The war crimes trials a few years later proved her symbolically and to some extent literally correct. Scholl has a level of reverence in Germany comparable to that of the King here; polls identify her as the most important German woman of the 20th Century.

Good is not merely the absence of active, predatory evil. We are not good people by minding our own business, by avoiding violations of the rights of others. That is more or less enough to avoid making us evil, but it is not enough to make us good. If we want to be good we must exert an effort, sometimes a monumental effort to do good, sometimes risking a great deal at the same time.

Consider a child. It is evil to tell a child that he or she is garbage, since that idea will lead to the child becoming self-destructive or resentful, will harm the child. To do good, however, requires an exertion to build the child up into a loving, responsible human being. Just refraining from evil is not enough; in fact, it is neglect.

We may wish to consider as well that King died while supporting a picket line of striking Memphis garbage collectors who were striking due to, among other issues, hazardous working conditions within the trucks. African-American workers were required to work inside the trash tanks of the trucks, and one worker's death by a truck's crushing machine was a major catalyst for the strike. While we remember King for his eloquence on the marble steps of the Mall, his career took him more often to unglamorous events like spring-time garbage strikes in Tennessee. Doing good is often not dramatic or flashy or telegenic.

When we consider the bravery and moral courage of such people as King or Sophie Scholl or the like, we can be tempted to put them up high, like Catholic saints whose relics and garments and eyelashes and toenails are sacred objects. If we start from the assumption, however, that most people line up between the 45-yard lines, we can assume that some or all of our commonly recognized moral giants were not necessarily giants, but perhaps more ordinary people who were only a few yards ahead of us, enough to show us a reachable example.

That latter possibility - that heroism is not for "saints" but for us - should both inspire and frighten us.

-- Bruce Godfrey



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12 January 2006
Override of Veto of "Wal-Mart Bill"
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The Maryland General Assembly has just overridden the veto by Governor Ehrlich of the so-called Wal-Mart bill, which imposes a tax of 8% of total payroll on large employers who pay less than 8% of payroll on health benefits, with credits for actual amounts paid for those benefits. Only four employers have more than the cut-off of 10,000 employees in Maryland - Northrop Grumman, Giant Food, Johns Hopkins University and Wal-Mart, the prior three paying more than 8% of payroll into health benefits.

One of the arguments in the debate has been that a large number of employees of Wal-Mart are on Medicaid due to Wal-Mart's scant benefits. An unstated premise of this argument is that the employer has a general duty to provide health benefits to employee. Employers do not have a general statutory duty to pay for health insurance in Maryland; now, four large employers do, but of the three who are already doing so, one is a unionized upscale grocery chain of long standing in the DC area and beyond, one is a government contractor and one is a major academic recipient of government grants and financial aid funds.

One would think that Wal-Mart workers could unionize to get health benefits, but Wal-Mart has been unusually bloody in its tactics against unions, shutting down entire stores or lines of business when unions have peeked their heads up. Wal-Mart is strongest in the South, where unions have historically been weakest.

I go back and forth about Wal-Mart. I can understand and respect the free market libertarian argument, but Wal-Mart has been accused of violating the laws governing union organizing. So maybe they had a smack coming due to their bad faith, and maybe Maryland had to step in if the federal Department of Labor is not doing a satisfactory job. I would think that Wal-Mart would want to engender public good will by bearing more of the health costs of employees, especially in a period of record profits which Wal-Mart is now enjoying. My heart and my head don't agree here. The ruthlessly reasonable capitalist in me is running up against ancient moral ideas implanted by some nun or priest 25 years ago in Catholic school against oppressing a worker. I don't know how to respond properly.

One thing is certain - organized labor scored a big win with this one, and Ehrlich suffered an embarassment on the first week of this year's session. More on this to come no doubt.

-- Bruce Godfrey


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09 January 2006
Doonesbury Conservatives?
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Sunday's Doonesbury strip speaks to the frustrations of many conservatives. While creator Garry Trudeau is hardly a reliable exponent of conservative political values, his cartoon makes the point that Bush has more character and style traits in common with stoned-out head-trip flower-child Zonker than with conservative amputee veteran B.D.

-- Bruce Godfrey


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08 January 2006
Homeland Security Opening Mail
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MSNBC has reported a story of Homeland Security opening and clumsily resealing the incoming mail of a history professor sent from the Phillipines.

I am so glad to hear that DHS is both intrusive and clumsy. Makes me feel so much better.

Terrorists take over 4 planes using essentially stone age technology (knives) and the greatest, freest country in the world starts adopting the domestic tactics of the former East Germany.

-- Bruce Godfrey


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General Assembly Session to Commence
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That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.
- - Article 1, Maryland Declaration of Rights
The General Assembly of Maryland is about to open its 2006 session tomorrow, and this website will endeavor to follow its proceedings, subject to family responsibilities. I would welcome comments from readers regarding specific bills and issues of note.

-- Bruce Godfrey


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Technical Update
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Many thanks to Craig Harman - once again - for his sharp eye, diligence and patience in assisting with cleaning up some bad code and some awkward graphics today.

I note that the sidebar has some new links, some reformatted links and a narcissistic Page Rank display, to help me deal with my Page Envy.

-- Bruce Godfrey


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07 January 2006
Pro Bono Work for YearlyKos, Inc.
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I am pleased to note (after express permission from my client pursuant to Rule 1.6 (a)) that I have a new pro bono client - YearlyKos, Inc. , the non-profit educational convention arm of the prominent progressive blog DailyKos.com. I am providing some assistance in contract preparation/review for specialized vendors for their first annual convention in Las Vegas in June. I hope to attend personally but family and day job responsibilities may make that impossible, depending on circumstances. Please check out their convention website to get an idea how powerful progressive blogging has become in recent years.

-- Bruce Godfrey


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IRS Contractors Collecting Political Party Data??
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The Tacoma News-Tribune has reported that an IRS contractor has collected and reported taxpayer political party data to the IRS in the course of its collection efforts against delinquent or non-paying taxpayers. IRS regs theoretically prevent political party data collection but the contractor did so anyway according to the report.

It is possible (assuming it happened) that the contractor was collecting data for its own purpose; that would be even worse in some ways since it would mean that a contractor was charging to the Treasury Department the expense of making an improper database that the contractor could use, but the Treasury Department could not. (The IRS is a subsidiary agency of the Treasury Department.) That conduct raises a further question as to whether any IRS internal data would have gotten leaked back to the contractor in some way, i.e. contractor as thief of money and thief of IRS data as well, the latter being supplemented with political party data for another client's case. This is all speculation but any which way, it stinks to high heaven.

-- Bruce Godfrey


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Your Phone Records for Sale for $110.00??
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The Chicago Sun-Times has reported that an internet-based company offers to provide to ANYONE a list of all incoming and outgoing calls to any U.S. land or cell number for $110.00 for any calendar month.

Having already dialed 1-800-EAT-CROW myself on a recent story involving invasion of privacy, I will hold off blasting against this for a few days. But if it holds, blast I shall. The implications of this story, IF TRUE, are staggering. Numerous statutes prevent the recording of telephone conversations or the unauthorized release of phone records by phone companies. But IF it only takes $110.00 to spy on an opponent's (defendant's, competitor's, politician's, etc.)phone use without a subpoena and without notice, we are in a pretty scary environment for individual privacy.

-- Bruce Godfrey


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04 January 2006
Moon over Maryland
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In a decision guaranteed to be welcomed by all licensed and unlicensed plumbers in the State, the Circuit Court for Montgomery County held that the exposure of one's buttocks does not constitute indecent exposure under Maryland's criminal law.

I am reminded of a Maryland case involving the use of the Dodecagrammaton (the twelve-letter curse word most beloved by the late Richard Pryor), in which, if memory serves, the Court of Appeals held that its use was not per se disturbing the peace. My memory may be wrong on this point and at my next library visit I will see if I can spot it. Anyone with access to Lexis or Westlaw on this point who can find the case (or disprove its existence) will get a public thank you here by initials.

Bruce Godfrey


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