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Asphalt 7 multiplayer impressions and low-memory Windows Phone 8 device news
One look at the comments section of our article announcing the release of Asphalt 7: Heat on Windows Phone 8 will tell you that the game is pretty popular. Hey Microsoft, we told you people wanted decent mobile Xbox games!
Ahem. With that gloating out of the way, we have more tasty Asphalt 7 tidbits to share with you now. Head past the break for a hands-on video, multiplayer walkthrough, and update news!
Coming to an affordable Windows Phone near you
Rich Edmonds gives his first impressions.
The Xbox version of Asphalt 7 currently requires 1 GB of RAM in order to run. That's because it uses about 380 MB of RAM, and one game isn't allowed of hog all of a device's memory. Regrettably, several Windows Phone 8 handsets only come equipped with 512 MB – these devices can only run games that use up to 180 MB of RAM.
Gameloft knows that owners of the HTC 8S, Lumia 620, and other budget handsets want some heart-pounding racing action as well. To that end, the developer is working on an update that will allow the game to run on low-memory Windows Phone 8 devices. They can't specify whether the graphics will take a hit on those handsets (likely) or when the update will be ready, but it's still great news all around.
Creating a multiplayer account
Seeing as how many Windows Phone users are stuck with handsets that can't run the game, and the Store is still experiencing frustrating downloading issues, many potential racers haven't had the chance to check out Asphalt 7's multiplayer just yet. Don't worry, dudes and dudettes; your lovable Games Editor has finally managed to go online and lived to tell the tale. Here's how it works.
First, you'll need to set up a Gameloft Live account. Tap the blue Live! icon at the bottom of the main menu to get started. Fill in your details and you'll end up at the in-game Gameloft Live portal where you can manage your friends list, edit your profile, and more.
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One advantage of this setup is people with an existing Gameloft account from other platforms can carry that over to Windows Phone and vice-versa. Also, we know that Microsoft's Windows Phone Xbox Live servers are completely terrible, so working outside of the Xbox Live system is (awkwardly enough) the best west to ensure a smooth online experience. The only real downside is that you can't just invite Xbox Live friends right off the bat. You'll need to manually add their Gameloft profiles through your Gameloft Live dashboard.
Starting a multiplayer game
Now that you have a multiplayer account, head to the Multiplayer mode from the main menu. Here you'll select from online or local Wi-Fi multiplayer. Gameloft really covered all the bases, making Asphalt 7 the first Xbox Windows Phone game to support both online and local Wi-Fi. And considering how impressive and affordably priced the game is, there's a good chance other Windows Phone 8 owners you run into will own it and be available for local games.
Next you'll need to enter your Gameloft Live login information for the first time. Don't worry, as long as you let it save the info you'll only have to do this once. If you skipped the account creation step at the beginning, you could also do that from here.
The screen that follows allows players to instantly jump into a lobby, browse open lobbies, or create their own games. Lobbies can hold up to 6 players simultaneously. After joining a lobby, you'll have the opportunity to change cars or invite your fellow Gameloft Live friends. There doesn't seem to be a way to communicate with other players – an issue we discussed in the latest 'How Microsoft can save Xbox Windows Phone games' editorial. Oh well. I guess we're here to race, not talk!
Ready up, wait for the race to start, and the race will begin. Your fellow racers' usernames float above their heads, so you'll always know whose dust you're eating and vice versa. Racers can actually interact with each other, colliding and receiving speed boosts by overtaking opponents (with the proper sponsorship perk equipped).
In my short time playing Asphalt 7 online, I experienced a few hiccups during each race. The game doesn't deal with lag as well as an Xbox 360 title would, but that's not surprising from a phone game. The experience of racing against other players is just as exciting as you'd hope for, and that's what matters. Compared to the single-player racing games that came before it on Windows Phone, Asphalt 7 offers far more replay value thanks to its multiplayer modes.
Share and share alike
One more social aspect of the game comes from its sharing system. After accomplishing various milestones, players can opt to share the news via Facebook, Twitter, or LinkedIn. Frankly, I don't care to see that you just leveled up in a game on Twitter or LinkedIn. That's a waste of everyone's time.
But Facebook – that's where game spamming got its start, so why not share the deets there? Each time you do so, you'll earn 5,000 in-game currency. You can always delete those Facebook posts after you've fattened your wallet, or set them to share only with yourself instead of your friends. Update: Readers are reporting that you can actually just press Back, skipping the sharing alltogether, and still get the in-game reward!
Asphalt 7 costs 99 cents. Windows Phone 8 users can get it here from the Store. Remember, the Store is messing up at the moment so you might need to try again in a few hours of you can't find the game.
Paul Acevedo is the Games Editor at Windows Central. A lifelong gamer, he has written about videogames for over 15 years and reviewed over 350 games for our site. Follow him on Twitter @PaulRAcevedo. Don't hate. Appreciate!


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Desert Storm Commander Schwarzkopf Dies
The seemingly no-nonsense Desert Storm commander's reputed temper with aides and subordinates supposedly earned him that rough-and-ready moniker. But others around the general, who died Thursday in Tampa, Fla., at age 78 of complications from pneumonia, knew him as a friendly, talkative and even jovial figure who preferred the somewhat milder sobriquet given by his troops: "The Bear."
That one perhaps suited him better later in his life, when he supported various national causes and children's charities while eschewing the spotlight and resisting efforts to draft him to run for political office.
He lived out a quiet retirement in Tampa, where he'd served his last military assignment and where an elementary school bearing his name is testament to his standing in the community.
Schwarzkopf capped an illustrious military career by commanding the U.S.-led international coalition that drove Saddam Hussein's forces out of Kuwait in 1991 - but he'd managed to keep a low profile in the public debate over the second Gulf War against Iraq, saying at one point that he doubted victory would be as easy as the White House and the Pentagon predicted.
Schwarzkopf was named commander in chief of U.S. Central Command at Tampa's MacDill Air Force Base in 1988, overseeing the headquarters for U.S. military and security concerns in nearly two dozen countries stretching across the Middle East to Afghanistan and the rest of central Asia, plus Pakistan.
When Saddam invaded Kuwait two years later to punish it for allegedly stealing Iraqi oil reserves, Schwarzkopf commanded Operation Desert Storm, the coalition of some 30 countries organized by President George H.W. Bush that succeeded in driving the Iraqis out.
At the peak of his postwar national celebrity, Schwarzkopf - a self-proclaimed political independent - rejected suggestions that he run for office, and remained far more private than other generals, although he did serve briefly as a military commentator for NBC.
While focused primarily on charitable enterprises in his later years, he campaigned for President George W. Bush in 2000, but was ambivalent about the 2003 invasion of Iraq. In early 2003 he told The Washington Post that the outcome was an unknown: "What is postwar Iraq going to look like, with the Kurds and the Sunnis and the Shiites? That's a huge question, to my mind. It really should be part of the overall campaign plan."
Initially Schwarzkopf had endorsed the invasion, saying he was convinced that Secretary of State Colin Powell had given the United Nations powerful evidence of Iraqi weapons of mass destruction. After that proved false, he said decisions to go to war should depend on what U.N. weapons inspectors found.
He seldom spoke up during the conflict, but in late 2004 he sharply criticized Defense Secretary Donald H. Rumsfeld and the Pentagon for mistakes that included erroneous judgments about Iraq and inadequate training for Army reservists sent there.
"In the final analysis I think we are behind schedule. ... I don't think we counted on it turning into jihad (holy war)," he said in an NBC interview.
Schwarzkopf was born Aug. 24, 1934, in Trenton, N.J., where his father, Col. H. Norman Schwarzkopf, founder and commander of the New Jersey State Police, was then leading the investigation of the Lindbergh kidnap case. That investigation ended with the arrest and 1936 execution of German-born carpenter Richard Hauptmann for murdering famed aviator Charles Lindbergh's infant son.
The elder Schwarzkopf was named Herbert, but when the son was asked what his "H" stood for, he would reply, "H."
As a teenager Norman accompanied his father to Iran, where the elder Schwarzkopf trained the Iran's national police force and was an adviser to Reza Pahlavi, the young Shah of Iran.
Young Norman studied there and in Switzerland, Germany and Italy, then followed in his father's footsteps to West Point, graduating in 1956 with an engineering degree. After stints in the U.S. and abroad, he earned a master's degree in engineering at the University of Southern California and later taught missile engineering at West Point.
In 1966 he volunteered for Vietnam and served two tours, first as a U.S. adviser to South Vietnamese paratroops and later as a battalion commander in the U.S. Army's Americal Division. He earned three Silver Stars for valor - including one for saving troops from a minefield - plus a Bronze Star, a Purple Heart and three Distinguished Service Medals.
While many career officers left military service embittered by Vietnam, Schwarzkopf was among those who opted to stay and help rebuild the tattered Army into a potent, modernized all-volunteer force.
After Saddam invaded Kuwait in August 1990, Schwarzkopf played a key diplomatic role by helping persuade Saudi Arabia's King Fahd to allow U.S. and other foreign troops to deploy on Saudi territory as a staging area for the war to come.
On Jan. 17, 1991, a five-month buildup called Desert Shield became Operation Desert Storm as allied aircraft attacked Iraqi bases and Baghdad government facilities. The six-week aerial campaign climaxed with a massive ground offensive on Feb. 24-28, routing the Iraqis from Kuwait in 100 hours before U.S. officials called a halt.
Schwarzkopf said afterward he agreed with Bush's decision to stop the war rather than drive to Baghdad to capture Saddam, as his mission had been only to oust the Iraqis from Kuwait.
But in a desert tent meeting with vanquished Iraqi generals, he allowed a key concession on Iraq's use of helicopters, which later backfired by enabling Saddam to crack down more easily on rebellious Shiites and Kurds.
While he later avoided the public second-guessing by academics and think tank experts over the ambiguous outcome of the first Gulf War and its impact on the second Gulf War, he told The Washington Post in 2003, "You can't help but ... with 20/20 hindsight, go back and say, `Look, had we done something different, we probably wouldn't be facing what we are facing today."'
After retiring from the Army in 1992, Schwarzkopf wrote a best-selling autobiography, "It Doesn't Take A Hero." Of his Gulf War role, he said: "I like to say I'm not a hero. I was lucky enough to lead a very successful war." He was knighted by Queen Elizabeth II and honored with decorations from France, Britain, Belgium, Kuwait, Saudi Arabia, the United Arab Emirates, Qatar and Bahrain.
Schwarzkopf was a national spokesman for prostate cancer awareness and for Recovery of the Grizzly Bear, served on the Nature Conservancy board of governors and was active in various charities for chronically ill children.
"I may have made my reputation as a general in the Army and I'm very proud of that," he once told The Associated Press. "But I've always felt that I was more than one-dimensional. I'd like to think I'm a caring human being. ... It's nice to feel that you have a purpose."
Schwarzkopf and his wife, Brenda, had three children: Cynthia, Jessica and Christian.
This program aired on December 28, 2012. The audio for this program is not available.

subset: commoncrawl


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Water Cooler Solutions
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- Culligan has a variety of bottled water coolers and cooler delivery plans and will help you find the perfect solution for your budget. Whether you choose monthly delivery for your entire office building or basic water cooler rental, your local Culligan Man™ has the perfect solution for you.


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More details are emerging about the plot to put another "underwear bomber" aboard a U.S.-bound passenger jet and what the CIA says was its successful foiling of the operation:
As NPR's Dina Temple-Raston reported onMorning Edition:
-- The double agent who authorities say infiltrated al-Qaida in the Arabian Peninsula and ended up handing over to the FBI the bomb that AQAP wanted him to wear aboard a U.S.-bound flight, also gave American officials the information that led to a drone strike in Yemen on Sunday that killed Fahd al-Quso. He's one of the men linked to the 2000 bombing of the USS Cole.
-- One of other major intelligence "coups" from the operation that thwarted AQAP's plan is the bomb itself, which is now being studied. "It's a lot easier to analyze a bomb when it's intact," rather than after an explosion, Dina told Morning Edition host David Greene.
-- American officials haven't ruled out the possibility that there may be another of the latest generation underwear bombs out there. The double agent likely wouldn't know if other operations were underway, Dina said. But, she added, there's "no indication" that there are other bombs.
The New York Times adds that "officials said Tuesday night that the risk to the [double] agent and his relatives had now been 'mitigated,' evidently by moving both him and his family to safe locations."
Reuters, meanwhile, looks at Ibrahim Hassan al-Asiri — the Saudi-born bombmaker who's believed to have made what's been described as the form-fitting, briefs-like underwear bomb that is now in the FBI's hands.
Copyright 2021 NPR. To see more, visit https://www.npr.org.


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Photo by Dina Honke |
We waved our napkins in the air collectively, the sound of popping sparkling wines echoed all around, and there was a collective sigh of relief. All the planning, all the waiting has ended. We are all here for one purpose. We love food. We love celebration. We love the mystery. We mingle, we dine, we entertain. With the lake as a focal point, a welcoming breeze on a sultry evening, and a wonderful view of the mountains, it seemed even the sunset and the moon cooperated . More champagne led to dancing... and as a friend said, "Non, je ne regrette rien..." I regret nothing. The original founder meant for this unique event to feel like a dream—the dinner party pops up in the middle of a public place and then disappears without a trace...like magic.
"Pull up a chair. Take a taste. Come join us. Life is so endlessly delicious." ― Ruth Reichl
Despite our cumbersome arrival by a fleet of school buses with fold up table, chairs and picnic baskets in tow, the 600 pre-registered guests strove for elegance to emulate the original Parisian diners who launched Dîner en Blanc 25 years ago. Fascinators, white masks and wigs, jaunty hats and even 18th century style clothing were all "over the top" expressions of our 'tres chiche' individuality. No two were dressed alike. We were all in high spirits for the very first sanctioned Dîner en Blanc in the Okanagan Valley. From global phenomenon to highly sought after "secret," Dîner en Blanc took over Kelowna's City Park on the waterfront for the second year in a row on July 4, 2013. This très chic picnic, imported from France, is equal parts mystery tour, pop-up feast and 'je ne sais quoi.' It could be described as the flash mob of the culinary world. We came, we saw, we conquered!
Photo by Dina Honke |
Cooking is like love.
True to tradition, bystanders and passersby witnessed our group of revellers gathering at specific rallying points all across the city. We were there to see and be seen. Our individual groups then converged on one of the most beautiful settings in the city one by one to set up their tables and encroutements en masse. The logistics of organizing 600 people is mind blowing in itself. Four hundred arrived by bus and another 200 met at a downtown location and walked over. How they manage to organize 1,000's in larger cities is mind blowing. We surveyed the scene with awe as it unfolded around us as we sipped wines brought in from Haywire Winery in Summerland.
The unofficial Okanagan White Dinner was held last year as a precursor to the event but this is the first year as a community that we have Dîner en Blanc status. The Okanagan event was held in Kelowna which is the smallest of the cities worldwide but with our background of award winning wines and a reputation as a culinary destination, it seems only natural for us to be part of this unique experience. Spatula Media + Communications and Impact Events negotiated official status for Dîner en Blanc Okanagan. With this official status we join some of the most glamorous cities around the world including Paris, Milan, Barcelona, San Francisco, Chicago and Sidney. The Okanagan joins only eight other cities granted status in Canada to date... Montreal, Calgary Quebec City, Vancouver, Victoria, Edmundston, Niagara-on-the-Lake, and Toronto. There are other non-sanctioned white dinners around the world and I even read about a Diner en Noir in San Francisco.
How did this yearly worldwide event start you ask? Dîner en Blanc is a magical experience that began in perhaps the chi-chest city in the world...Paris. It is a celebration of old-world elegance that Jay Gatsby would have adored. In the summer of 1988, Francois Pasquier had just returned to Paris after a few years abroad and held a dinner party to reconnect with friends. So many wished to attend that he asked them to convene at Bois de Boulogne dressed in white, so they would be recognizable to one another. Each attendee was also asked to bring a friend. The evening was such a hit that guests wanted more friends to join-in the following year and thus was born the concept of Dîner en Blanc. Dîner en Blanc now brings together over 10,000 people each year in some of the most prestigious locations throughout the French capital.
In June 1991, four years after the event's debut, the founding group of friends decided to organize their growing numbers in one of the French capital's most beautiful locations, Pont des Arts, in the heart of Paris (a first). Knowing full well that local authorities would never allow such an event to take place there, keeping the location a secret until the very last minute was crucial to the success of the event.
Following in his fathers footsteps, one of his sons, Aymeric Pasquier, moved to Montreal and kept the family tradition going when he came together with friends to hold the first Dîner en Blanc in Canada in August of 2009.
The worldwide phenomenon known as Dîner en Blanc celebrates its 25th anniversary this year! What began as a "friends and word-of-mouth only" event has grown into an international epicurean phenomenon on five continents in 35 cities and 23 countries around the world. While the technology behind the event may have changed over the years, the principles fuelling this fantastic event have not. Diners continue to gather at a secret location for the sole purpose of sharing a high-quality meal with good friends and hundreds of strangers in one of their city's most beautiful locations. Each event is headed by passionate local organizers who fell in love with the concept and wanted to bring it to their city, giving this rendezvous a local flair.
Over the course of the evening, we savoured appetizers to desserts and celebrated amidst live music, dancing, complete with festive white balloons. Visually breathtaking moments included the waving of our cloth napkins to mark the beginning of the dinner, as well as the lighting of sparklers to let participants know they were now free to circulate, mingle and dance. When it was time to leave, guests pack up their crystal, dinnerware and tables, pick up all their litter and headed into the night, leaving behind no sign of their elegant revelry. It's as if it never happened like Shakespeare's "A Midsummer Nights Dream."
To include you in our revelry I offer you a recipe for a panna cotta served in mason jars for portability. For our picnic this year I put together this quick and light dessert featuring white chocolate and chunky Nutella, perfect for dinner guests or as a simple indulgence. The star of the show though was the roasted balsamic cherries. Bon appetit!! 'Mangez bien, riez souvent, aimez beaucoup' means (Eat well, laugh often, love abundantly).
½ cup thickened cream
½ cup milk
1 tablespoons sugar
1 vanilla bean,
25g (2 tablespoons) white chocolate, finely chopped
1 teaspoon powdered gelatine
2-3 tablespoons dry-roasted hazelnuts, chopped
⅓ cup chocolate hazelnut spread (see note)
Honey Balsamic Roasted Cherries
4 cups fresh pitted cherries
2 tablespoon honey
2 tablespoon aged balsamic vinegar
1 tablespoon vegetable or canola oil
Place cream, milk and sugar in a small saucepan over medium-low heat. Cook, stirring, for 4 to 5 minutes or until almost simmering (do not boil). Remove from heat. Add 25g finely chopped white chocolate. Stir until chocolate is melted and mixture is smooth. Pour mixture into a heatproof bowl. Sprinkle over gelatine. (if using gelatine sheets soak 3 sheets in cold water briefly and add to cream mixture. Whisk to dissolve gelatine. Split vanilla bean in tow. Scrape seeds and add cream mixture. Cool for 10 minutes.
Meanwhile, stir chopped hazelnuts (add more or less depending on how chunky you'd like it) through chocolate hazelnut spread. Spread 1 tablespoon of spread onto the bottom of 2 mason jars. Smooth top.
Carefully pour cream mixture, over the back of a metal teaspoon, into each glass. Cover with plastic wrap. Refrigerate for 4 hours or until set.
Remove from refrigerator 10 minutes before serving. Decorate with remaining 25g shaved white chocolate. Serve immediately.
You may find it easier to layer the chocolate hazelnut spread if it is melted. Heat the spread in the microwave until it is melted (do not allow it to get too hot or boil), then spoon it carefully into the bowls and spread it evenly. Tap the bowls on the counter-top to help even it out and eliminate air bubbles. Allow an extra 10 minutes cook time for cooling, and an extra 4 hours for the panna cotta to set.
For Honey Balsamic Roasted Cherries: Preheat oven to 450. Spread the pitted cherries in an even layer on a baking sheet. Whisk together the honey, vinegar and oil until combined and pour over the cherries, tossing to coat. Roast at 450 for 20-25 minutes, stirring every 5-10 minutes, until the cherries start to look wrinkled and the juices start to thicken. Remove from oven and let sit for about 5 minutes to cool, and then serve however your little heart desires! I served mine with frozen yogurt, but ice cream or regular yogurt would be fabulous too!
You are reading this post on More Than Burnt Toast at http://morethanburnttoast.blogspot.com. Excerpts and links may be used, provided that full and clear credit is given to the author/owner of More Than Burnt Toast. All rights reserved by Valerie Harrison.


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License Plate FAQs
Summary: License Plate FAQs
Information on how to get a personalized license plate, how to renew your car tags, what to do with your license plates after you sell a vehicle, and more.
License Plate Frequently Asked Questions (FAQs)
Whether you've bought or sold a vehicle, or you have questions about renewing your current registration, we have answers to some frequently asked questions about license plates and the DMV.
How do I get a personalized or special interest license plate?
Typically, the process for obtaining a personalized license plate or special interest plate is the same as applying for a regular plate, with the exception of checking a different box on your application and paying a higher fee.
You would be surprised how many options there are for license plates in your state. If you're interested in finding out the types of plates offered and the cost of license plates, check out our License Plates and Placards page. If you choose personalized license plate numbers, the DMV will check license plates to make sure your choice is not taken.
Where can I find a free license plate lookup?
Not all states offer an online license plate lookup, license plate search or license plate owner lookup. Please visit our special license plate page to see if your state DMV offers this service, a license plate finder, or another alternative to search license plate availability. These tools are often helpful when you want to find a license plate number for your custom plate.
What do I do with my license plates if I sell my vehicle?
When you sell your vehicle, what you do with your license plates varies from state to state. In some states you keep the plates, in others they stay with the car. You can find information on our Title Transfers and License Plates & Placards pages for your state.
How do I renew my license plate tags/stickers?
The license plate tag renewal process or registration sticker renewal process also differs from state to state. Most states have a convenient online process that you can utilize every other renewal period, and for others, you can renew by mail. You can always renew in person at your local DMV office. If you don't receive a renewal notice, you may be able to look up license plate information online to check your expiration date.
How do I replace my license plate tags/stickers?
Sometimes, your plates and stickers can come loose from your vehicle—and sometimes, people will even steal your plates straight from your car.
Thankfully, the process to replace car tags is pretty basic from state to state. For details, please visit your state's Replacing a Lost Registration page.
How do I find my license plate number?
You can usually find your license plate number on your registration card or certificate. Some states may also offer an online tag lookup or registration status search. Without your plate number, you may need other identifying information, such as your driver's license number or vehicle identification number (VIN).
How do I get a temporary license plate?
Many states offer temporary registrations and/or license plates for those purchasing a brand new vehicle, or transferring a title from one state to another.
Visit our Vehicle Registration section and choose your state to find out if temporary plates are available to you, and the process to apply for one.
I've completed the renewal process, but I have not received my tags. How do I find out where they are?
Once you successfully complete all the requirements, it usually takes from 2 to 6 weeks to receive your tags. If yours still haven't arrived, you should contact your local DMV office. Some states offer online tracking that allows you to see when they processed or mailed your plates. You'll probably need to look up your license plate number or enter other vehicle information to find the status of your plates.
How do I find a person by their license plate number?
It is illegal to run a license plate check on someone else, regardless of the circumstances. Only a member of law enforcement can run a license plate or lookup license plate numbers to find vehicle owner information.
While there are companies that offer such things as a free license plate or tag number search, you should always be careful when dealing with this type of company and always read the fine print. If you see an online license plates search, It is most likely a scam.


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Balkinization   |
Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Wedding Jitters
Sunday, August 25, 2013
Wedding Jitters Gerard N. Magliocca
The New Mexico Supreme Court's recent opinion in Elane Photography v. Willock has garnered a lot of attention, but not for the reason that I find interesting.
"Some of the liberal Justices have criticized Smith, but would otherwise be inclined to support the same-sex couple."
But Smith is not a right-wing decision, despite Scalia's authorship. Nor is it a left-wing decision. It involves a tension between the Free Exercise Clause and the Establishment Clause. To grant a religious group an exemption from a neutral law furthers the group's free exercise, but constitutes a governmental benefit to religion. Why do you believe that Smith was wrongly decided?
I for one am greatly looking forward to what I anticipate will be quite the mental gymnastics by Scalia and others who signed onto his Smith opinion when and if this case and the contraception cases come before the SCOTUS. Perhaps he will invoke something as silly as his 'monotheist religions are different' view expressed in one of the ten commandments cases. Who knows? But it might be very fun.
I'll raise an obvious question: for those who would support the photographer's free exercise claim, would you distinguish this case from one in which the purported religious belief was instead opposed to interracial marriage?
I don't.
I am wary of Smith (joined by Justice Stevens) but it raises a basic question of free exercise: an individual wishes to have an exemption of a general law to carry out a religious exercise. The case here, as with the contraceptive mandate, is more of a clash of rights. As noted in Sherbert (cited in the first Smith case): "The conduct or actions so regulated have invariably posed some substantial threat to public safety, peace or order." Here, anti-discrimination laws in public accommodations. I am game, as is the law in my own state, to provide some protection for religious exercise (such as sacramental acts) even if it overrides general laws. But, when a general law is opposed because of religious beliefs as a whole, it is very open-ended. I think even if Smith was decided the other way, under U.S. v. Lee (no exemptions to SS taxes for the Amish once they enter the for profit marketplace) et. al. Elane Photography (that's the correct spelling) should lose. There is a compelling interest and "public" accommodations allow for such a law, equality here balancing individual religious exercise. It is not a good case to revisit Smith. There is a narrower holding possible and if Elane Photography loses, it opens up a whole can of worms regarding anti-discrimination law. Anyway, Dale Carpenter discussed the ruling at Volokh Conspiracy, for those interested. And, do read the short concurring opinion.
SCOTUSBlog cites this as one of three leading religious cases of late:
"For those unfamiliar with the case, a same-sex couple called a wedding photographer to shoot their commitment ceremony."
For those unfamiliar with the case, they emailed the wedding photographer, (And perhaps many others.) and only chose her after confirming that she objected to doing the work. (The initial email actually asked about this.) It seems to me they were more interested in finding somebody to sue, than getting photos taken. As I see it, the issue here is NOT free exercise. It is the 13th amendment. Where does the government get off declaring a PERSON to be a "public accommodation"??? Buildings I can barely see, but PEOPLE? The original public accommodation laws addressed a real problem: You're on a long drive, your car conks out in the middle of nowhere, and the only hotel in town refuses to rent you a room, the only diner refuses to serve you. What are you supposed to do, sleep under a bridge with your starving children? Your car doesn't conk out, leaving you with no choice but to either compel a photographer to document an event they find objectionable, or sleep under a bridge. There's no problem here to fix, just a desire to take choice away from people on one side of a transaction, so that you can feel all noble and upright about giving the people on the other side the power to compel the unwilling to work for them. On one side of this forced transaction, you've got somebody with the unassailable right to refuse to hire straight photographers. Why does the other side get denied this right? Because selling this loses you your rights, and buying them doesn't? Because business owners have no right not to be discriminated against? No, I don't see this as a particularly admirable decision, more an example of the say the civil rights movement went straight from demanding freedom for their clients, to demanding others lose theirs. I do hope the Supreme court takes the case, and the photographer wins.
Brett's tirade closing with this:
" ... more an example of the say the civil rights movement went straight from demanding freedom for their clients, to demanding others lose theirs." demonstrates, contrary to sports parlance, that white men can indeed jump - to conclusions that defy history. Perhaps Brett could provide us with his personal time line of exactly when demands were made for the loss of his freedom. Perhaps Brett is of the view that any gain to an African-American is a loss personal to him. Economic and social studies provide great evidence that many inequalities from Jim Crow continue. Maybe Brett personally thought of himself as King of the Hill, but now, despite his whiteness, he has to put in a little more effort to maintain his regal position. Oh, how those changing demographics hurt an injured Brett as demands on him are being made that would deprive him of his freedom. What freedom has Brett lost other than his freedom during Jim Crow to deprive African-Americans of their freedom? Perhaps there is a lesson in all this for Brett's mixed race young son.
This time I will not bother to criticize Shag's rather disgusting personal attack on you, but I will disagree with you on the merits. The distinction you make, between discrimination by hotels and diners on the one hand, and wedding photographers on the other, has some validity. But do we want the law to make that distinction? How would it do so? Would it have to poll all types of businesses in all geographic areas to determine what percentage of the business people are bigoted against what groups? There might be a town in which only 10 percent of the diners would refuse to serve blacks, but 90 percent of the wedding photographers would refuse to take pictures of gay weddings. Also, you fail to take into account that one purpose of civil rights laws is to prevent the humiliation of victims of invidious discrimination.
Hank (if I can get personal again), what was disgusting about my comment? Was it the entire comment or the last sentence? Hank, you apparently don't know the "history" of Brett at this and other blogs. Of course, Hank, if you have the time you can search the archives at this Blog for a taste of Brett-ness, especially on racial issues. How is your comment, excepting its initial clause, different substantively from mine excluding the last sentence? Hank, if you'll pardon the expression, I like to call a spade a spade, or more accurately in this case a cracker a cracker.
As to my last sentence, keep in mind that Brett had the freedom to sire a mixed race son, who I believe is about 5 years old. And if you bother to search the archives, Hank, look for Brett's comments at this Blog on Fisher/TX. You will learn that Brett was critical of U of T because in his view it favored African-Americans and he wanted to make sure his mixed race son - Asian-American - would get a fair shake at U of T or other colleges that might emulate U of T policies on admissions. It was pointed out to Brett that two (2) amicus briefs were filed in support of U of T's policy by prominent Asian-American groups. So it seemed clear, at least to me, that Brett's gripe was with African-Americans and not other people of color. Now Hank, in your heart of hearts how would you describe such a person? Perhaps you believe in your heart of hearts that you can convert Brett with reasoning. Good luck to you. Hank, I don't mind criticism, directly or indirectly. But you should do some homework on the vileness of Brett, particularly on racial issues. I fear for his young son if he is exposed to such vileness. Hank, you may believe as I do that children are not born with vile racial views, or maybe not.
Brett: "For those unfamiliar with the case, they emailed the wedding photographer, (And perhaps many others.) and only chose her after confirming that she objected to doing the work. (The initial email actually asked about this.) It seems to me they were more interested in finding somebody to sue, than getting photos taken."
Undoubtedly due to a formatting bug in Blogger, the link to the evidence was lost. Could you please repost?
As to Brett's comment, the ruling is that Elane Photography (which is contacted by emailing a person, like you would if you wanted to buy something from Sears or whatever too), not a single person, is a public accommodation, and like a supermarket, the fact there is some other public accommodation nearby where you can go instead does not allow the place to not serve the person in question. The opinion explains how the issue of it being a public accommodation was accepted at least for this level of the lawsuit.
One means of enforcing civil rights laws is for people to put places to the test. Thus, if there is a law against discriminating in rental services, people go around to see if people will refuse service. Conservatives do this too, e.g., to see if abortion providers will violate the law. I don't think this is illegal or something and anyway it would seem to me hard to prove that is "really" what someone is trying to do. Are we going to put customers to the test to determine if they "really" want to buy something or are going to the store for some other reason?
Fair enough, my assertion about the email is as unsourced as Gerald's that it was a call.
Elaine Photography case PDF Here's the first email: "We are researching potential photographers for our commitment ceremony on September 15, 2007 in Taos, NM. This is a same-gender ceremony. If you are open to helping us celebrate our day we'd like to receive pricing infomlation. Thanks" We have a fundamental disagreement here about how far anti-discrimination law ought to extend. I believe it should certainly extend so far as the Constitution demands: Equality under the law, no discrimination by government, equal protection of the law. But I don't think it should extend so far as compelling you to work for somebody you don't like, facilitating something you disapprove of. That's not protecting rights, that's destroying them.
I believe it should certainly extend so far as the Constitution demands
Anti-discrimination law is not equal to what the "Constitution demands." If a state wants to pass a law against discrimination by age or veteran status, they can, even if the state is not required to protect them by that extent. But I don't think it should extend so far as compelling you to work for somebody you don't like Does Brett think laws against racial discrimination in public accommodations, that "compel you to work for somebody" once you choose to have a public accommodation and a customer asks for goods or services, "destroys rights?" That's not protecting rights, that's destroying them. Public accommodations are "public" in nature and there to serve the public at large. In return, the public provides business & the government safeguards their interests in various ways. Historically, this includes some duty to serve customers. This was not generally seen as a threat to liberty or a violation of the principles of the 13A. If Brett disagrees, fine, but let's be totally clear on the breadth of his principles. [ETA: Also, since the accommodations are public, regulated specially by the state and courts enforce any right to not serve, there is a reasonable argument that they can be treated as "the state" for 14A purposes. See, e.g., Justice Harlan's dissent in the Civil Rights Cases.]
"Does Brett think laws against racial discrimination in public accommodations, that "compel you to work for somebody" once you choose to have a public accommodation and a customer asks for goods or services, "destroys rights?""
Yes, obviously, I do. Would it "destroy rights" if we required Willcock to hire a straight photographer, or be legally penalized? Certainly, it would! How could it possibly not destroy rights if you force Elaine to work for Willcock? How can it destroy rights to compel one end of a transaction, but not when you compel the other end of it? Were the Freedom Riders fighting for freedom, or just the power to take freedom away from others?
So, despite your recognition in your earlier comment that the original public accommodation laws addressed a real problem, you would repeal them. I believe that opposition to the Civil Rights Act of 1964 is unconscionable, because it means that you consider your interpretation of the Commerce Clause to be more important than the consequences of Jim Crow to black people. Though the heavens may fall (on black people) your view of the Commerce Clause must rule. Your position is not comparable to Lincoln's position that the Constitution did not permit him to interfere with slavery in the states where it existed. That is because it clearly did not permit him to interfere with slavery in the states where it existed, whereas the Commerce Clause does not clearly preclude the Civil Rights Act of 1964. In fact, as you know, the vast majority of lawyers believes that the Commerce Clause allows it.
When I referred to Lincoln's position that the Constitution did not permit him to interfere with slavery in the states where it existed, I meant, of course, apart from his power as commander in chief to free the slaves in the states in rebellion -- the constitutional basis for the Emancipation Proclamation.
Also, I expressed no opinion as to whether Lincoln should have interfered with slavery despite the Constitution.
Brett's replies, including the link, are appreciated, especially since it clarifies his position. Like Sandy Levinson, he strongly disagrees with certain basic long held principles of law. This is fine though we can disagree on the merits.
Would it "destroy rights" if we required Willcock to hire a straight photographer, or be legally penalized? Certainly, it would! How could it possibly not destroy rights if you force Elaine to work for Willcock? The state enforcing the 14A "destroys rights" too by denying local populations the "right" to pass laws that discriminate by race. But, we don't think they should have the "right" to do that. How can it destroy rights to compel one end of a transaction, but not when you compel the other end of it? Public accommodations don't have to do the same things as customers. A business and a private party are not the same thing. Individuals don't have the same rights as businesses. Were the Freedom Riders fighting for freedom, or just the power to take freedom away from others? Under your lights, they were fighting against freedom, since they supported requirements to end racial discrimination on buses and the like. Under your argument, Rosa Parks was trying to take away the "right" of local bus companies to refuse to "work" for black passengers. Ditto local Woolworths. But, historically, there was no unlimited "right" to deny serve in public accommodations. It is part of the public and unlike nature, the public does not have some unlimited power to do things. You aren't forced to set up a public accommodation. If you do, you have to follow anti-discrimination laws.
-But, historically, there was no unlimited "right" to deny serve in public accommodations. It is part of the public and unlike nature, the public does not have some unlimited power to do things. You aren't forced to set up a public accommodation. If you do, you have to follow anti-discrimination laws.
Well put Joe. I think many conservatives 'read into' the law libertarian political philosophy that is not explicitly there and/or has never been recognized in caselaw. Where does this right to operate a public accommodation any one pleases come from? Not from the Constitution that I read or the caselaw I am familiar with.
But, historically, a photographer would not have been a "public accommodation".
(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action: OOO)(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; OOO)(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; OO)O(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and OOO)(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. Until fairly recently, the concept of a "public accommodation" was fairly narrow, limited to businesses which essentially served everybody who walked in the door. Restaurants might be covered, even caterers would not have been. Individual professionals for hire? Never. I have to say, what's being done to Elaine under the color of law bears less resemblance to civil liberties enforcement, than to the civil rights movements' version of Conan's "what is good in life": Just proving that you can crush anyone who doesn't knuckle under.
Brett put forth a general principle. Now, he's backtracking to what is "really" a public accommodation and talking about "crushing" people because a limited liability corporation has to serve people equally. This is where Shag's petty potshots start to seem a tad understandable.
Mark Field discussed public accommodations recently so he can deal with details but this is the sort of picayune thing that is tedious. Restaurants "might" be public accommodations now? Elane Photography is a LLC, not simply an "individual professional for hire." This particularly means it isn't just one person, but a business who could hire someone else to serve the couple here. It is 'knuckling under" that a public place of business has to have equal access according to certain classifications -- including race -- now. This is "crushing" people. If some place of "entertainment," which is far from essential, is going to be covered, why not this? Also, this is not the federal law linked by Brett. This is a state law which is more localized. As to what happened "recently," that's a bit variable. "Recently" you could defend "freedom" by not serving black people generally. Brett said this was part of freedom, though maybe not for inns and the like.
Joe, you don't refute somebody objecting to the current state of the law, by pointing out the current state of the law. I'm well aware that the concept of "public accommodations" has metastasized to the point where it has engulfed almost the entire economy. I consider this an outrage, you don't. This doesn't make me ignorant.
The "must serve everybody who asks nature of "public accommodations" is a violation of a principle I consider important, that transactions should never be compelled, that forcing one person to work for another is just as evil if you call it anti-discrimination law, as if you call it slavery or indentured servitude.
But it DID, in the beginning, with some significant over-reach, address a real problem: That discrimination by particularly vital businesses could seriously hurt people. Willcock was not hurt by Elaine. Likely not even her feelings, which were more in the nature of, "Score! Somebody to sue!" Elaine damned well is being hurt here. Forced to either cooperate in advancing something she finds objectionable, or suffer significant damages. That harm is real, Willcock's harm a legal fiction. "Public accommodation" law has suffered a fate all too common for well meaning violations of principle: Starting out as a somewhat unprincipled way of addressing a real harm, it has been expanded to the point where IT has become the real harm. Willcock would not have suffered if deprived the power to force an unwilling photographer to document her event. There's no justification here for the deprivation of Elaine's liberty. But that doesn't matter to people who place a trivial value on liberty.
"But that doesn't matter to people who place a trivial value on liberty." ignores over two centuries of placing a trivial value on liberty of African-Americans. And the changing demographics have put fear in the likes of Brett that what the likes of him have done in the past may revert to them. And Joe, in your: "This is where Shag's petty potshots start to seem a tad understandable." perhaps you meant "understated." Consider the back and forth "reasoning" over the years in addressing Brett's racial vileness. Obviously Brett is not going to change his views as they are engrained deeply with vileness and hatred. There is no redemption there. His function at this and other blogs is to spew his vile racial views. I assume this Blog has many visitors who do not posts comments and who may wonder why these efforts to "reason" with Brett once it became clear who and what Brett is. I would submit that what you refer to as "petty potshots" have more firepower than attempts at "reasoning" with Brett. That "reasoning" gives him the opportunity to spew even more racial vileness readily available to him with a few keystrokes on his computer. As I said to Hank, I call a spade a spade and in this case a cracker a cracker.
I think one should not be so quick to dismiss Willock's harm. We do not know what her life as a gay person in America has been like. We know she cannot marry the one she loves in the state she lives in. She may face discrimination in many ways often. That may be what motivated her to test this case, much as civil rights pioneers in the 50's and 60's often traveled for a sit in to a Woolworth's or Five and Dime that had never really 'harmed' them. As to your principle I think a couple of things can be said. First, I do not think it is tenable that forcing someone to serve someone under anti-discrimination laws is JUST as bad as forcing someone to serve someone under slavery or servitude. Surely intentions and motivations matter for something (our common law tradition mens rea analysis backs this up). Secondly, we are not talking about perpetual servitude, we are talking about holding someone to what most rational capitalists who open businesses to the public aim to do: serve as many willing customers as they possibly can. Third, I would not say that I place a trivial value on liberty, but I may place a low value on a trivial liberty, and the right to run a public accommodation in a discriminatory way strikes me as such a trivial liberty (and one that is simply not enshrined in our Constitution or legal traditions).
The "must serve everybody who asks nature of "public accommodations" is a violation of a principle I consider important, that transactions should never be compelled, that forcing one person to work for another is just as evil if you call it anti-discrimination law, as if you call it slavery or indentured servitude.
Yes, your comparison of equal access in public accommodations as "just as evil" as slavery is duly noted. But it DID, in the beginning, with some significant over-reach, address a real problem: That discrimination by particularly vital businesses could seriously hurt people. Particularly vital? Like places of public amusement? They were covered in the 19th Century. If going to the theater is "vital," why aren't places necessary to carry out weddings? It can't be that there are alternatives. If there are five places of public amusement, you can't just say "well, go to another one." Doesn't work that way. Willcock was not hurt by Elaine. Likely not even her feelings, which were more in the nature of, "Score! Somebody to sue!" How do you know how her "feelings" are hurt by businesses not willing to serve her? It's Elane Photography, btw -- a LLC. Not just some sole individual. And, how do we tell if someone is "hurt" exactly? If a black person is refused service at a store, is he or she not hurt because there is some other store available? Civil rights laws are in place against racial discrimination in part to cement the principle that discrimination against race is wrong, at the very least in public accommodations. By allowing discrimination against same sex couples, real people are hurt. Discrimination is seen in public accommodations as legitimate. People are fired from their jobs etc. for being gay. This HURTS people. Now, it might be like speech or whatever something we have to deal with (I don't think so) but that is something else. Elaine damned well is being hurt here. Forced to either cooperate in advancing something she finds objectionable, or suffer significant damages. That harm is real, Willcock's harm a legal fiction. Willock cannot obtain Elane Photography's services. This isn't "fiction." You want businesses to be able to deny service to gay people. This harms people. This is not a "fiction." Serving blacks might be "objectionable" to people, but public accommodations are regulated. That isn't fictional -- that's based on reality. "Public accommodation" law has suffered a fate all too common for well meaning violations of principle: Starting out as a somewhat unprincipled way of addressing a real harm, it has been expanded to the point where IT has become the real harm. Equal access to the public when you run a public accommodation is not "somewhat unprincipled" -- it is both principled and sensical. Discrimination is "a real harm," and gays continue to suffer it today. It isn't "historical" alone. To belabor a point. Willcock would not have suffered if deprived the power to force an unwilling photographer to document her event. There's no justification here for the deprivation of Elaine's liberty. Discrimination causes harm. People "suffer" when they are discriminated against. Elane Photography in particular gets special liability benefits as a LLC. There is a particular "justification" to require such benefits to come with an anti-discrimination prnciple. But that doesn't matter to people who place a trivial value on liberty. We disagree on what "liberty" entails. The liberty not to be discriminated against in public accommodations is trivialized by you. Please stop suggesting disagreement means the other side provides value to something.
BTW, I did not try to merely call you 'ignorant' and state the law to refute your disagreement of its current status. Since you didn't answer various things I said, maybe you skipped over the other parts. #snark
Shag, thanks for your commentary on your logic, though I think addressing the logic of Brett's comments, and at times forcing him to stop hand waving and address the logic behind them, has its place too. Hearing people compare public accommodations law to slavery has its value. I also don't know how much making fun of how people look helps and when one side does that, it encourages everyone to do it. That gets messy. It becomes some spitting game.
To the excellent comments of Joe and Mr. Whiskas, I'll just add that the smaller the locality the greater the harm. Sure, in a big city a black person or a gay person can find another business. That isn't always true in small towns, where there may be only 1 wedding photographer.
Running a business is a *public* action. It's not something you do in the privacy of your home or in the privacy of your thoughts. It doesn't really make sense to insist that one can bring his/her private views into the public and expect that nobody should care.
I don't expect people to not care, I merely expect them to not think they're entitled to force one person to work for another. Which is what's going on here, even if you think it's just peachy.
The reason I linked to that bit of the 1964 Civil Rights act was to demonstrate that Elaine would NOT have been considered, at that time, a public accommodation. Very few businesses were. The notion that businesses such as her's were always "public accommodations" is a crock. That's a comparatively recent development, so don't invest it with the moral authority of the civil rights marches. "Running a business is a *public* action. It's not something you do in the privacy of your home or in the privacy of your thoughts." Yup, that's the exact attitude I object to: "Think what you want in the privacy of your head, (At least until we have a way of reading your mind.) but if you don't mean to live on a deserted island, you WILL submit to our will!" That's the attitude that is driving us towards the "all that's not forbidden is mandatory" dystopia: Any deviation from acting like a perfect liberal Democrat is deemed a suitable subject for bringing the force of the state crashing down on a person. You can't bear to let somebody chose to live by their own views, not your's.
The CRA is a poor choice to find a comprehensive definition of "public accomodation" because Congress was limited by the Commerce Clause in legislating on this subject.*
As Joe mentioned, I've posted this before: at common law, the duty to serve all comers applied to businesses beyond simply "public accomodations". It applied, for example, to monopolies, even if the monopoly was local (e.g., a grain mill). It applied to freight hauling, not just the individual transport Brett suggests. As long ago as 1876 (Munn v Illinois), the Supreme Court upheld regulation of grain storage elevators on the ground that property "becomes clothed with a public interest when used in a manner to make it of public consequence and affect the community at large." These are not "recent" developments; claims to the contrary are libertarian doctrine, not actual law. "That's the attitude that is driving us towards the "all that's not forbidden is mandatory" dystopia: Any deviation from acting like a perfect liberal Democrat is deemed a suitable subject for bringing the force of the state crashing down on a person. You can't bear to let somebody chose to live by their own views, not your's." No, I object to the attempt by some to downgrade others, to impose their beliefs on society. That infringes on my freedom and the freedom of everyone else. The fact that you have no interest in freedom is unfortunate. *The limit should be the 5th clause of the 14th A, but that's not the law.
"no interest in freedom"
Well, a sound view of freedom, like equal access by race in public accommodations is not akin to slavery, which in not merely the accepted view of the 'perfect liberal,' but thankfully, a lot more people.
How did a photographer get to be a "public accommodation"? Could a ditch digger become a "public accommodation"? A factory worker? Maybe tomorrow you'll be able to conscript somebody to clean your home, or even, dare I suggest it, pick your cotton?
It started with restaurants and hotels, now it's photographers. Because it's a bleeding tragedy you somebody can't force an unwilling photographer to take photos for them. That's just want you want for your precious moment, after all: A photographer taking photos under threat of legal penalty, of an event they despise. You can't even see the horrible implications of this, because you're so hung up on the idea that somebody might make a choice you disapprove of, and not be legally penalized. A civil rights movement due to the legacy of slavery has come to this: Forcing people to work for people they don't want to work for. Are you really this dead to irony?
Brett, I'm pretty sure the conditions endured by slaves were a little different from those endured by someone getting paid for their services.
"A civil rights movement due to the legacy of slavery has come to this: Forcing people to work for people they don't want to work for." suggests that he would prefer the pre-civil rights movement legacy. But suppose Brett needed a prescription filled for his ill mixed race son and the only pharmacist open was an African-American who didn't want to be forced to work for a cracker. My understanding of public accommodation is that it is colorblind, such that Brett would have a case for such refusal. Does this revive irony?
The idea that you must serve all customers may have *begun* with public accomodations (actually, it began with transport services like ferries), but that doesn't mean it *ends* there. Focus on "public accomodation" is a red herring.
Every business which is open to the public should be open without discrimination. The irony is that libertarians like to claim that "the market" will tend to force businesses to adopt that policy because they won't be as profitable if they discriminate. Somehow, though, it's tyranny if the law achieves the same result. The real harm to freedom comes from the photography service which discriminates. That actually infringes the freedom of those who want photography because it (a) limits their choices and (b) denigrates them personally by making them a second class citizen. Note that the more people who, like Elane Photography, exercise their "freedom", the more they constrict the freedom of others. Some might note the irony that those who claim to support freedom are incapable of seeing that their own policy actually restricts it.
"suggests that he would prefer the pre-civil rights movement legacy."
No, it doesn't really suggest that, unless you're operating on a preexisting presumption that people who disagree with you are evil, or some such. Which has long since been clear you are doing. Yes, you guys are dead to the irony of the civil rights movement forcing somebody to take a job. You fought dragons so long, you became dragons. And as such, you'll never admit it.
So Brett accepts public accommodation laws in concept but thinks they go too far, imposing in effect slavery upon libertarians like himself? I just heard a report on CBS News that a recent poll indicates improvement in racial relations since the 1963 march: 53% of Blacks feel that they are discriminated against as compared to 27% of Whites who feel they are discriminated against. Pre-civil rights movement legacy, the numbers were probably, respectively, 100% and 0%. Perhaps Brett and other libertarians of his ilk are included in the current 27% of discriminated against Whites. [Here's a suggested book title: "Libertarianism: Fifty Shades of White."]
Perhaps Brett should think about "public accommodations" that he customarily and satisfactorily uses on a routine basis to consider how a person of color might feel if denied such use because of the proclaimed "liberty" right of the public accommodation provider not to deal with a person of color. Brett, assumptions I make about you are based upon a long, long history of your comments at this and other blogs on racial matters. I don't make such assumptions generally with people because I don't agree with them. I do believe you are evil, but harmless, despite your 2nd Amendment absolutism. Oh, how those changing demographics might contribute to a new form of slavery.
Brett, you're not being forced to do anything. If you don't want to photograph African Americans, don't become a photographer. Do you really think slaves had that option? Equating "treating people fairly" with "slavery" is obscene.
The reason people don't see things your way is not because they're blind to the irony, it's because your argument is idiotic.
Shag, today blacks are encouraged to think themselves discriminated against if they are required to vote on election day, instead of a month in advance. And never mind that whites are, too. "Discriminated against" no longer requires any actual discrimination. Being treated the same gets called "discrimination" today.
BB, I shouldn't respond, but I guess I will: Sure, when they declare photographers to be 'public accommodations', you can stop being a photographer, and start digging ditches. Until they declare ditch diggers to be 'public accommodations', too. You can't adapt to a wrong when it's expanding. You have to fight back. Again, and my final word on this: I hope the case DOES go to the Supreme court, and that they rule for Elaine. We really need to stop depriving people of their liberty in the name of 'civil liberties'. FREEDOM is the ultimate civil liberty.
Brett, if I get to force you to dig ditches for me against your will for the rest of your life with no pay, and you don't have any other options, you might have something to complain about.
By the way, I think it's great that you're outspoken in your support for racists. People get to see what you're really all about.
Brett with this:
"You can't adapt to a wrong when it's expanding. You have to fight back." skates across that thin line between libertarian and anarchist. Since Brett's venting is in a public forum [NSA, are you listening?], I assume he'll stick to fighting back via the First Amendment.
A perfect example of what I was talking about when I said you were "operating on a preexisting presumption that people who disagree with you are evil"; With the very next line I indicated I meant to fight back in court.
But, just as a 'living' constitutionalist can always find enough ambiguity in the Constitution to avoid admiting something they want done is unconstitutional, a liberal can always find enough ambiguity in a non-liberal's utterances to impute evil to them.
I suspect Brett's neighbors are pleased with his "fighting back" corrective through the courts, as well as via the Frst Amendment that I as a liberal assumed he would. And no, I don't think Brett's corrective might be due to my NSA reference as he has provided a trove over the years for that agency.
It's clear that irony is dead: stating that one's opponents presume that those who disagree with them are evil, is just a way of saying that one's opponents are evil.
Joey Fishkin's recent post at this Blog on the 1963 march provides a link to Joseph E. Stiglitz's NYTimes Opinionator essay "How Dr. King Shaped My Work in Economics." Those following the comments at this post of Gerard's might find Stiglitz's essay cleansing.
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin's Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |


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Why not get out there tomorrow and find a sunny dandelion patch?
Of course P had to try making some dandelion jelly himself: he cannot resist anything foraged and preserved. I was happy because this jelly is delicious with a bright springy flavor very reminiscent of local honey. We'll have to pass some on to friends and continue sharing the beauty of Spring. After 365 days of waiting, we need to celebrate.
- 365 ripe yellow Dandelion flowers
- 6 cups water
- 6 cups sugar
- juice of one lemon
- Pectin (Recipe revision: follow directions on your pectin box. Use approximately 8 teaspoons pectin for this recipe. You can adjust your levels according to how thick you like your preserves: more pectin=jelly while less/no pectin=syrup.)
Find a protected patch of dandelions that have not been sprayed with pesticides. Pick 365 blossoms. Wash thoroughly. Snip off green base of each flower so that you have only petals for the jelly. Place petals in a large bowl or dutch oven.
Pour water into the pot with the dandelion petals. Add lemon juice. Bring to a boil. Remove from heat, let cool. Transfer dandelion petals and the liquids to a bowl, cover mixture with wax paper and refrigerate overnight.
The next day, return mixture to dutch oven. Add sugar. Bring to a vigorous boil and continue to boil for about 10 minutes. Stir occasionally to incorporate sugar. Remove from heat, let liquid cool to a manageable temperature. Strain out petals and discard. Add pectin, return liquid to a boil for another 5-10 minutes.
(Please note we are having some consistency (a looser set) issues with P's recipe. Please bare with us as we try to tweak the directions. Meg, my original Dandelion Jelly inspiration, shared some of her wisdom and the lovely Sarah at Toronto Tasting Notes is doing some recipe testing with her abundant dandelions. Sadly, that moment in Spring has already passed for us here in Berkeley. I will have to wait until next Spring. If any of you experienced preservers out there have suggestions, we are always open. Thanks!)


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Stamp Duty Land Tax is payable by the purchaser in a land transaction which includes a simple conveyance of land such as buying a house but also creating a lease or assigning a lease. If you are considering property investment or acquiring a lease on a commercial property in the Newcastle upon Tyne area we, at Douglas Shaw, can help you to make property acquisitions in a tax efficient manner.
SDLT is payable by the purchaser in a land transaction occurring in England and Northern Ireland. For land transactions occurring in Scotland, Land & Buildings Transaction Tax (LBTT) applies and in Wales land transactions are chargeable to Land Transaction Tax (LTT).
A transaction will trigger liability if it involves the acquisition of an interest in land. This will include a simple conveyance of land such as buying a house, creating a lease or assigning a lease.
The tax has to be paid when a contract has been substantially performed. In cases where the purchaser takes possession of the property on completion, that will be the date. However, if the purchaser effectively takes possession before completion - known as 'resting on contract' - that will be regarded as triggering the tax.
Each SDLT rate is payable on the portion of the property value which falls within each band.
The current rates are as follows:
First-time buyers may be eligible for first-time buyer relief on purchases of residential property up to £625,000. The rates apply to the portion of the total value which falls within each band.
Each SDLT rate is payable on the portion of the property value which falls within each band. The rates and thresholds (from 23 September 2022) are:
No relief can be claimed if the property is over £625,000.
First-time buyer relief applies to purchasers of qualifying shared ownership properties who do not elect to pay SDLT on the market value of the whole property when they purchase their first share. Relief will be applied to the first share purchased, where the market value of the shared ownership property is £625,000 or less.
Higher rates of SDLT are charged on purchases of additional residential properties (above £40,000).
The main target of the higher rates is purchases of buy-to-let properties or second homes. However, there will be some purchasers who will have to pay the additional charge even though the property purchased will not be a buy-to-let or a second home. The 36 month rule set out below helps to remove some transactions from the additional rates (or allow a refund).
The higher rates are three percentage points above the SDLT rates shown in the table above. The higher rates potentially apply if, at the end of the day of the purchase transaction, the individual owns two or more residential properties.
Some further detail:
The rates for non-residential and mixed property are set out in the table below.
The SDLT rates are payable on the portion of the property value which falls within each band.
There is a relief available for purchasers of residential property who acquire interests in more than one dwelling at the same time. Where the relief is claimed the rate of SDLT is determined not by the aggregate consideration but instead by the mean consideration (ie by the aggregate consideration divided by the number of dwellings) subject to a minimum rate of 1% on the total.
There is a 2% SDLT surcharge on non-UK residents (and certain UK resident companies that are controlled by non-UK residents) purchasing residential property in England and Northern Ireland.
Yes. There are a number of situations in which the transfer of land will not be caught for SDLT. These include:
Tax is chargeable on the consideration. This will usually be the actual cash that passes on the sale. However the definition is very wide and is intended to catch all sorts of situations where value might be given other than in cash: for example, if the purchaser agrees to do certain work on the property.
If an existing lease is purchased, SDLT is calculated in the same way as the purchase of a freehold property. If a lease is created for the payment of a premium ie a lump sum in addition to any rent, then the amount of the premium is the consideration subject to SDLT and is also calculated in the same way as the purchase of a freehold property.
However, there is also a potential charge to SDLT on the rental element. The calculation takes account of various factors including the rent that will be paid under the lease. If the calculated value exceeds £125,000 for residential property and £150,000 for non-residential, the excess is charged at 1%.
A 2% rate applies to rent paid under a non-residential lease where the NPV of the rent is above £5 million.
The government has SDLT calculators which work out the amount of SDLT payable. The calculators can be found here.
The purchaser must complete an SDLT1 return and this must be submitted to a special HMRC office within 14 days of the transaction. The purchaser must also send a cheque for the tax at the same time so this means that they have to calculate the tax due. A late return triggers an automatic penalty of £100, and late payment of the tax will mean a charge to interest.
A certificate will be sent to the purchaser to show that they have paid the tax. This certificate is required to change the details of the property ownership at the Land Registry. The fact that HMRC has given the purchaser a certificate does not mean the SDLT calculations are agreed. HMRC has nine months in which to decide whether or not to enquire into the return and challenge the figures.
If you are planning to enter into an arrangement to purchase land, in the Newcastle upon Tyne area we can advise you of the precise impact of Stamp Duty Land Tax on the transaction so please contact us at Douglas Shaw. We can also help you complete the SDLT1 and submit it to HMRC.


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This is WEEKEND EDITION, from NPR News. I'm Scott Simon. Turns out that Superstorm Sandy didn't do as much damage as many expected, to the nation's unemployment predicament. At least, that's what the government's monthly data on the jobs market told us yesterday. As NPR's John Ydstie reports, analysts and businesses are already looking past that report, to the dangers to jobs posed by the fiscal cliff.
JOHN YDSTIE, BYLINE: One-hundred-and-forty-six-thousand jobs were added to business payrolls last month, according to the government. And the unemployment rate dropped a couple of ticks, to 7.7 percent. Nigel Gault, chief U.S. economist at the research firm IHS Global Insight, says the report didn't tell us much that's new about the U.S. economy.
NIGEL GAULT: Ah, 146,000 jobs is very similar to the average that we've seen so far, this year. It's still a very prolonged, sluggish recovery.
YDSTIE: There were no obvious signs of fiscal cliff fears in the jobs report, either, says Gault. But there are some indications of growing anxiety. Gault says a slowdown in business investment suggests nervousness about damage to the economy from the fiscal cliff's sharp tax hikes and spending cuts. And another report yesterday showed consumer confidence deflating as Americans finally began to realize their taxes could spike.
GAULT: The income taxes will be higher. They won't have that payroll tax cut anymore. So people have maybe started to work out exactly what it means. And they know that it will be a big hit to their pocketbooks. So - I think - finally, consumers are realizing this is a big issue.
YDSTIE: Businesses have been quicker to respond to the potential economic challenges created by the fiscal cliff. That's reflected in the pullback in business investment in recent months. Dyke Messinger, who runs Power Curbers - a small, construction-equipment business in Salisbury, North Carolina - says his business is picking up as the U.S. housing market begins to improve. Orders are increasing enough to add more workers, he says. But he's not sure what's going to happen, so he's holding off.
DYKE MESSINGER: I just don't know. And just that fact alone causes our customers, ourselves, our suppliers - everybody just, you know, cocoons. And nobody's going to make any plans until they see what does happen.
YDSTIE: Messinger runs a small business, with around 60 employees. But big businesses are watching the drama in Washington closely, too. Arie Ball is vice president for talent acquisition at Sodexo, a company with hundreds of thousands of employees in many lines of business worldwide.
ARIE BALL: I think a big piece of what's going to happen is, you know, consumer confidence. When people, you know, have confidence in government and in the economy, they spend more. And that's, obviously, going to have an impact on jobs.
YDSTIE: Including in many of Sodexo's businesses, like construction and corporate-support services. While going over the fiscal cliff could cause a drop in consumer confidence and spending that many think would push the economy into recession, getting a deal could have the opposite effect. Dyke Messinger says if the White House and Congress did reach a credible agreement, the whole outlook could change.
MESSINGER: People would be confident; they'd be more willing to invest; they'd say, we're at least - you know, charted the country on a different, and a better, course. I think it would be tremendous.
YDSTIE: Messinger says if a credible deal is struck, he'll be in a hiring mode next year, probably adding as many as five new jobs at his company.
John Ydstie, NPR News, Washington. Transcript provided by NPR, Copyright NPR.