Showing posts with label bourgeois justice. Show all posts
Showing posts with label bourgeois justice. Show all posts

Wednesday, September 28, 2011

From Boston IndyMedia-Video/photos--Boston Anti-War Activists Confront War Criminal Donald Rumsfeld

Click on the headline to link to a Boston IndyMedia entry for Video/photos--Boston Anti-War Activists Confront War Criminal Donald Rumsfeld on September 26, 2011.

Markin comment:

One of the anti-war activist slogans said it all on this dead-ender-Rumsfeld should be doing time, not making profits for his crime! Send him to Iraq (or Afghanistan) to face a tribunal of his victims. Then we would have a smidgen of justice. Just a smidgen.

Thursday, September 22, 2011

“Yes, Now Is The Time For Your Tears.”-Troy Davis, R.I.P.- Down With The Barbaric Death Penalty!

Click on the headline to link to The New York Times online account, dated September 22, 2011, of the execution of Troy Davis by the State of Georgia, September 21, 2011.

"Oh, but you who philosophize disgrace and criticize all fears
Bury the rag deep in your face
For now's the time for your tears."

last lines from The Lonseome Death Of Hattie Carroll- Bob Dylan
, 1963

Markin comment:

Look, after almost half a century of fighting every kind of progressive political struggle I have no Pollyanna-ish notion that in our fight for a “newer world” most of the time we are “tilting at windmills.” Even a cursory look at the history of our struggles brings that hard fact home. However some defeats in the class struggle, particularly the struggle to abolish the barbaric, racist death penalty in the United States, hit home harder than others. For some time now the fight to stop the execution of Troy Davis has galvanized this abolition movement into action. His callous execution by the State of Georgia, despite an international mobilization to stop the execution and grant him freedom, is such a defeat.

On the question of the death penalty, moreover, we do not grant the state the right to judicially murder the innocent or the guilty. But clearly Brother Davis was innocent. We will also not forget that hard fact. And we will not forget Brother Davis’ dignity and demeanor as he faced what he knew was a deck stacked against him. And, most importantly, we will not forgot to honor Brother Davis the best way we can by redoubling our efforts to abolition the racist, barbaric death penalty everywhere, for all time. Forward.

Monday, September 19, 2011

Jose Padilla's Sentence Overturned-The Wrong Way

Click on the headline to link to a report of the overturning (the wrong way) of political prisoner (and torture victim) Jose Padilla's, sentencing by a U.S. Appeals Court.


Markin comment:

We saw with New York Attorney Lynne Stewart's upwardly enhanced sentence (from two to ten years) that any case that touches on the so-called "war on terrorism" creates a feeding frenzy in the U.S. Justice Department and the federal courts. Yes, justice, bourgeois justice, is blind, very blind.

Monday, May 23, 2011

From The Renegade Eye Blog-"The fall of Strauss-Kahn"

The fall of Strauss-Kahn

Written by Greg Oxley in Paris
Thursday, 19 May 2011

How the mighty have fallen! Whatever the truth of the allegations of sexual assault and rape brought against him in New York, Dominique Strauss-Kahn is guilty of horrific crimes. As the head of the IMF, he is guilty of the political rape of the working people and the poorest sections of society in many underdeveloped countries. He is guilty of the rape of Greece and Portugal. Before finding himself in prison, he contributed to locking millions of people into a living hell. His brutal “remedies” inflict suffering and hardship on the poor in order to protect the interests of the bankers, the capitalists, the rich.

There is absolutely nothing “socialist” about Dominique Strauss-Kahn. At the time of his arrest, he was on his way to Europe to finalise the austerity measures to be imposed on Portugal and also discuss plans with Sarkozy and Merkel for new attacks on pensions and public spending cuts throughout the “eurozone”. For Greece, he demanded a draconian policy of public spending cuts, wage cuts, sackings, attacks on pensions and benefits, and privatisations. The Papandreou government carried out the policy, but not fast enough for Strauss-Kahn. He sent his emissaries to Greece to insist on speeding up the privatisations and the attacks on workers’ living standards. This was the only way, he said, to restore the confidence of capitalist investors.

Dominique Strauss-Kahn was not only Managing Director of the International Monetary Fund. If opinion polls are to be believed, he was also the “favourite” for the presidential elections next year in France. He was certainly a “favourite” of the capitalist class! No efforts have been spared to promote the image and build support for “DSK”. The intention behind this campaign was quite clear. The capitalists wanted to secure his nomination as the presidential candidate for the Socialist Party. Of all the “left” candidates, the media told us, he was in the best position to defeat Sarkozy. This was a classic case of manipulation of public opinion with a view to national elections. In 2007, the media industry promoted Ségolène Royal, one of the most blatantly pro-capitalist of the leading figures in the Socialist Party, and then, once she had won the nomination, turned against her and campaigned to ensure victory for Sarkozy. In the event that the SP had won the elections, the capitalists would have a reliable representative in power, whose policies were almost identical to those of Sarkozy himself. Now, after four years in power, Sarkozy is discredited, and a victory for the Socialist Party in the 2012 election is a real possibility. The capitalist class wanted to ensure that whatever the result of the elections, the government would be in the hands of proven defenders of their interests. They counted on Strauss-Kahn as a man who, at the head of a “socialist” government, would apply the same reactionary policies in France as he applied to Greece, and who would firmly resist pressure “from below” to carry out measures in the interests of the workers. Now Strauss-Kahn is out of the picture, and possibly for a long time. His downfall has delighted working class militants throughout France.

Monday, May 02, 2011

Supreme Court Lets Corporations Ban Class Actions by Stephen Lendman

Supreme Court Lets Corporations Ban Class Actions by Stephen Lendman

Email: lendmanstephen (nospam) sbcglobal.net (verified) 28 Apr 2011
corporatism

Supreme Court Lets Corporations Ban Class Actions - by Stephen Lendman

An earlier article discussed hurdles ordinary people face before America's High Court, accessed through the following link:

http://sjlendman.blogspot.com/2008/07/supreme-court-inc-supremely-pro.ht

Saying pro-business rulings aren't new, it suggested the most damaging one occurred in 1886. In Santa Clara County v. Southern Pacific Railway, the High Court granted corporations legal personhood. Ever since, they've had the same rights as people without the responsibilities. Their limited liability status exempts them.

As a result, they've profited hugely and continue winning favorable rulings. Today more than ever from the Roberts Court, one observer calling its first full (2006-07) term a "blockbuster" with the Court's conservative wing prevailing most often.

Through today, it's been much the same, notably in its January 2010 Citizens United v. Federal Election Commission decision, ruling government can't limit corporate political election spending as doing it violates their First Amendment freedoms. Writing for the 5 - 4 majority, Justice Anthony Kennedy called it legal "political speech," effectively putting a price tag on democracy.

The decision overruled Austin v. Michigan Chamber of Commerce (1990), restricting corporate political spending because their resources unfairly influence electoral politics, and McConnell v. Federal Election Commission (2003), upholding part of the Bipartisan Campaign Reform Act of 2002 (the McCain-Feingold Act), restricting corporate and union campaign spending.

Citizen's United set a precedent, but does it matter given the power of big money and past failures to curb it, Professor John Kozy saying at the time:

"Expecting the Congress, most if not all of whose members reside deep in corporate pockets, to eliminate that influence can be likened to expecting the rhinovirus to eliminate the common cold. Corporate money (in large or smaller amounts) is the diseased life-blood of American politics; it carries its cancerous spores to all extremities."

Kozy also cited Justice Oliver Wendell Holmes' Lochner dissent, saying "the Court has taken its task to be the constitutionalization of a totally immoral, rapacious, economic system instead of the promotion of justice, domestic tranquility, the general welfare, and the blessings of liberty."

Of course, the same judgment applies throughout Court history with past civil libertarians far outnumbered by established order supporters and big money interests that run it. As a result, for every William Brennan and Thurgood Marshall there have been dozens of John Jays (the first chief justice), Roger Taneys, William Howard Tafts, Scalias, Burgers, Rehnquists, and Roberts.

It's why Michael Parenti calls the Supreme Court America's "autocratic branch" of government, affirmed shamelessly in its April 27 AT&T v. Conception decision, accessed through the following link:

http://www.supremecourt.gov/opinions/10pdf/09-893.pdf

America's Supremes Deny Class Action Redress

After the ruling, Dow Jones Newswires Brent Kendall headlined, "US Supreme Court Blocks Class Action Against AT&T Unit," saying:

The Court blocked "a class action lawsuit alleging AT&T Inc. (T) wireless subsidiary acted fraudulently by charging sales tax on cellphones that it advertised as free. The case was considered a test of the enforceability of arbitration agreements that bar individuals from pooling their claims together in a class action."

Earlier, two California federal courts ruled that AT&T Mobility's wireless contract arbitration agreement was not enforceable because it blocked class actions. On April 27, the Supreme Court overturned them. Writing for the majority, Justice Antonin Scalia said permitting group suits runs afoul of federal law promoting arbitration.

Dissenting, Justice Stephen Breyer said requiring consumers to arbitrate individually forces them to abandon small claims, too costly to litigate.

The case involved Vincent and Liza Concepcion's complaint about the $30.22 sales tax on AT&T's cellphone promoted as free. As a result, Breyer added:

"What rational lawyer would have signed on to represent (them) in litigation for the possibility of fees stemming from" an amount that small, effectively shutting them out entirely from judicial redress.

Still pending before the court is the largest class action in US history - Dukes v. Wal-Mart Stores, Inc. It involves sexual job discrimination, claiming the company violated Title VII of the 1964 Civil Rights Act by denying women equal promotion opportunities as men.

Wal-Mart lawyers now want the case dismissed on behalf of 1.5 million current and past female employees. Doing so, however, will be a crushing blow to aggrieved company employees and millions of others henceforth for redress it appears the ruling now denies.

Public citizen attorney Deepak Gupta represented the Concepcions before the High Court. After the decision he said:

"This morning, the US Supreme Court dealt a crushing blow to American consumers and employees, ruling that companies can ban class actions in the fine print of contracts."

So whenever you "sign a contract" for a cell phone, bank account, credit card, employment, or other purpose, "you may be giving up your right to hold companies accountable for fraud, discrimination or other illegal practices."

In its latest unprincipled decision, the Court ruled 5 - 4 that corporations may use arbitration clauses to prevent consumers and employees from using class actions to hold them accountable, requiring individual litigation instead.

In fact, class actions, like Brown v. Board of Education, are an essential litigation tool. Their fate shouldn't be decided by corporate fine print "take-it-or-leave-it contracts" only lawyers understand.

The 1925 Federal Arbitration Act facilitated private arbitration settlements in state and federal courts, applicable to interstate commerce transactions under the Constitution's Commerce Clause. Henceforth, it will shield corporations from accountability, making it harder for people to litigate "civil rights, labor, consumer, and other (type) claims," resulting from corporate wrongdoing by "join(ing) together to obtain their rightful compensation."

As a result, says Gupta, it's essential for Congress to enact legislation "ending forced arbitration in consumer and employment contracts," but expect no redress from a Republican controlled House and a pro-business president claiming populist credentials.

As a result, expect CEO's from AT&T, Wal-Mart and other corporate predators to sleep comfortably henceforth, knowing America's High Court backs their right rip off consumers and employees with impunity.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen (at) sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/.
See also:
http://sjlendman.blogspot.com

Monday, December 13, 2010

*Not Ready For Prime Time Class Struggle- “What We Have Here Is A Failure To Communicate”- “Cool Hand Luke”- A Film Review

Click on the headline to link to a YouTube film clip of the famous "failure to communicate" scene from Cool Hand Luke.

DVD Review

Cool Hand Luke, starring Paul Newman, George Kennedy, Strother Martin, 1967
I hope, even when we have a much more equitable society than we do now, we still have “free spirits” like Cool Hand Luke (played, and played well with just enough 1960s sneer and ‘devil take the hinter post’ bravado by the late Paul Newman). No, not the hard- scrabble, mad mother-loved, growing up kid part, not the wise, too wise, before his age part that made him cynical, not the world-weary and world- wary before his time part but the crafty, fidgety, authority can go to hell part. That is a trait, as this film makes abundantly clear, no well-valued in current bourgeois society interested as it in the well-oiled machine, and a sullen by-the-numbers mass of humanity.

Of course, as the story line here unfolds, “free spirit”-types take more than their share of beatings in life, and no where is that more true than in a prison. And given old Luke’s brand of free spirit (and edginess) he was bound to wind up in prison, sooner or later, no matter how “street smart” he was, or brave in military service. However, nothing in his resume would make one think that even in prison, a notorious Southern work camp prison to boot, that old Luke would knuckle under. Something has to give. Throw in a sadistic warden (played by Strother Martin of the famous line used in the headline to this entry), some love/hate camaraderie with fellow inmates, especially “big lug” Oscar-winner George Kennedy and you have a volatile mix. Old Luke will keep running that rock up the mountain but you know in your bones, deep in your bones, that rock is coming back down one more time than it is going up. And right over him. Yet Luke still keeps doing it. Here’s one tip of the hat for the “free spirits” though.