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	<title>Elliott C. Back &#187; Law</title>
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		<title>Obama Kills Again: Assassinates American Citizen</title>
		<link>http://elliottback.com/wp/obama-kills-again-assassinates-american-citizen/</link>
		<comments>http://elliottback.com/wp/obama-kills-again-assassinates-american-citizen/#comments</comments>
		<pubDate>Fri, 30 Sep 2011 23:31:35 +0000</pubDate>
		<dc:creator>Elliott Back</dc:creator>
				<category><![CDATA[Homeland Security]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[President]]></category>

		<guid isPermaLink="false">http://elliottback.com/wp/?p=3573</guid>
		<description><![CDATA[Obama wasn&#8217;t content to rest up after his illegal assassination of Osama bin Laden back in May, this time stepping up his game to take out American citizen Anwar al-Awlaki with a predator drone / Hellfire missile in Yemen.  The audacity of conducting public assassinations on the territory of sovereign nations aside, the New [...]]]></description>
			<content:encoded><![CDATA[<p>Obama wasn&#8217;t content to rest up after his <a href="http://elliottback.com/wp/obama-murders-osama/">illegal assassination of Osama bin Laden</a> back in May, this time stepping up his game to <a href="http://www.nytimes.com/2011/10/01/world/middleeast/anwar-al-awlaki-is-killed-in-yemen.html?_r=2">take out American citizen Anwar al-Awlaki</a> with a predator drone / Hellfire missile in Yemen.  The audacity of conducting public assassinations on the territory of sovereign nations aside, the New York Times picks right up on the issue of due process:</p>
<blockquote><p>The strike appeared to be the first time in the American-led war on terrorism since the Sept. 11, 2001, attacks that an American citizen had been deliberately killed by American forces, a step that has raised contentious constitutional issues in the United States. It was also the second high-profile killing of an Al Qaeda leader in the past five months under the Obama administration[.]</p>
<p>The White House decision to make Mr. Awlaki a top priority to be hunted down and killed was controversial, given his American citizenship.</p>
<p>The American Civil Liberties Union, which fought unsuccessfully in the American court system to challenge the government’s legal justification for its so-called targeted killings program, which was used to take aim at Mr. Awlaki, condemned that program in reaction to the news of Mr. Awlaki’s death. “As we’ve seen today, this is a program under which American citizens far from any battlefield can be executed by their own government without judicial process, and on the basis of standards and evidence that are kept secret not just from the public but from the courts,” Jameel Jaffer, the A.C.L.U.’s deputy legal director, said in a statement.</p></blockquote>
<p>For what it&#8217;s worth, <a href="http://blog.foreignpolicy.com/posts/2011/09/30/was_anwar_al_awlaki_still_a_us_citizen">Foreign Policy&#8217;s blog agrees that Anwar was a US citizen</a> due an appropriate trial.  The correct course of action would have been extradition from Yemen to the US for trial.</p>
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		<title>NYPD Shuts Down Wall Street To Thwart Anonymous Protests</title>
		<link>http://elliottback.com/wp/nypd-shuts-down-wall-street-to-thwart-anonymous-protests/</link>
		<comments>http://elliottback.com/wp/nypd-shuts-down-wall-street-to-thwart-anonymous-protests/#comments</comments>
		<pubDate>Sun, 18 Sep 2011 17:36:43 +0000</pubDate>
		<dc:creator>Elliott Back</dc:creator>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[NYC]]></category>

		<guid isPermaLink="false">http://elliottback.com/wp/?p=3565</guid>
		<description><![CDATA[The protests this weekend on Wall Street have led to an NYPD blockade of much of the NYSE immediate area, leaving residents unable to freely walk the streets without having to pass through illegal NYPD checkpoints and show ID and proof of residence, and discouraging NYC tourists from visiting the historic area.  The New [...]]]></description>
			<content:encoded><![CDATA[<p>The protests this weekend on Wall Street have led to an NYPD blockade of much of the NYSE immediate area, leaving residents unable to freely walk the streets without having to pass through illegal NYPD checkpoints and show ID and proof of residence, and discouraging NYC tourists from visiting the historic area.  The <a href="http://cityroom.blogs.nytimes.com/2011/09/17/wall-street-protest-begins-with-demonstrators-blocked/">New York Times writes in <em>Wall Street Protest Begins, With Demonstrators Blocked</em></a>:</p>
<blockquote><p>[T]he demonstrators found much of their target off limits on Saturday as the city shut down sections of Wall Street near the New York Stock Exchange and Federal Hall well before their arrival.  By 10 a.m., metal barricades manned by police officers ringed the blocks of Wall Street between Broadway and William Street to the east. (In a statement, Paul J. Browne, the Police Department’s chief spokesman said, &#8220;A protest area was established on Broad Street at Exchange Street, next to the stock exchange, but protesters elected not to use it.&#8221;)</p></blockquote>
<p>The area blocked off by the police is approximately all of Wall Street from Broadway to William:</p>
<p><img src="http://elliottback.com/wp/wp-content/uploads/2011/09/wall-street-blockade.png" alt="" title="wall street blockade" width="450" height="263" class="alignnone size-full wp-image-3566" /></p>
<p>I am personally a bit irritated at the NYPD for stepping all over the 1st Amendment, which grants protesters the right to peaceful assembly:</p>
<blockquote><p>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or <strong>the right of the people peaceably to assemble</strong>, and to petition the Government for a redress of grievances.</p></blockquote>
<p>The police barricades make it annoying to come and go on Wall Street; having 700-1200 protesters would crowd things as well, so it&#8217;s six of one half a dozen of the other.  The only thing about the latter scenario is that I would able to go home feeling proud that Americans are standing up for their rights, rather than feeling like that the police state is already upon us and there&#8217;s nothing we can do about it.  </p>
<p>I spoke to one of the police offers last night and asked him if the police action was constitutional.  He asked if wanted &#8220;protesters breaking things and wrecking your home.&#8221;  I said I didn&#8217;t, but they had the right to come protest, at which point the officer said it wasn&#8217;t worth his time talking to a wiseass.  Oh well&#8230;.  </p>
<p>You can follow the progress of the protest on Twitter tags <a href="https://twitter.com/#!/search?q=%23DayOfRage">#DayOfRage</a>, <a href="https://twitter.com/#!/search?q=%23TakeWallStreet">#TakeWallStreet</a> and <a href="https://twitter.com/#!/search?q=%23occupywallst">#OccupyWallSt</a>.  Gothamist also has a <a href="http://gothamist.com/2011/09/18/photos_anonymouss_occupation_of_wal.php#photo-1">nice gallery of photos</a>, the <a href="http://www.dailymail.co.uk/news/article-2038700/US-Day-Rage-Protestors-try-Wall-Street.html">Daily Mail rag as well</a>.</p>
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		<title>Fake AZ Driver&#8217;s License</title>
		<link>http://elliottback.com/wp/fake-az-drivers-license/</link>
		<comments>http://elliottback.com/wp/fake-az-drivers-license/#comments</comments>
		<pubDate>Fri, 27 May 2011 22:07:18 +0000</pubDate>
		<dc:creator>Elliott Back</dc:creator>
				<category><![CDATA[Counterfeit]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://elliottback.com/wp/?p=3542</guid>
		<description><![CDATA[So I have an interesting story to tell about Duane Reade.  I wasn&#8217;t feeling well at work today and thought that a nicotine fix might help, so I ambled over to a nearby Duane Reade to buy a pack of cigarettes .  This is usually a straightforward process:

Identify the brand and variety of [...]]]></description>
			<content:encoded><![CDATA[<p>So I have an interesting story to tell about <strong>Duane Reade</strong>.  I wasn&#8217;t feeling well at work today and thought that a nicotine fix might help, so I ambled over to a nearby Duane Reade to buy a <strong>pack of cigarettes </strong>.  This is usually a straightforward process:</p>
<ol>
<li>Identify the brand and variety of pack you&#8217;d like</li>
<li>Present government ID indicating you are 18 years or older</li>
<li>Pay for your vice</li>
</ol>
<p>Today was special; the shop assistant kept looking back and forth between my <strong>AZ Driver&#8217;s License</strong> and me.  Trying to be helpful, I said &#8220;I was born XX/YY/1984&#8243; so she could find it on the card (I assumed she wasn&#8217;t familiar with the layout).  I also said, &#8220;yes, it really does expire in 2049!&#8221;  Here&#8217;s a partly redacted photo of my government ID:</p>
<p><img src="http://elliottback.com/wp/wp-content/uploads/2011/05/drivers-license-az-front.jpg" alt="" title="drivers license - az - front" width="450" height="300" class="alignnone size-full wp-image-3543" /><br />
<small>AZ, legit, government-issued ID</small></p>
<p>The Duane Reade teller became very nervous and said, &#8220;I&#8217;m not going to sell these to you.  <strong>If anything happens, I could lose my job</strong>.&#8221;  I asked her, &#8220;Are you saying t<strong>his ID&#8217;s fake?</strong>&#8221;  She said, &#8220;No, I&#8217;m not saying that, but I don&#8217;t know anything about IDs from Arizona, so I&#8217;m not going to sell to you.&#8221;  I asked to speak to a manager, but unfortunately hers was not around at the time, so I&#8217;ll have to save that for another day.</p>
<p>But procedurally, I&#8217;m just confused.  Doesn&#8217;t it work, in the US, when you are selling things that you&#8217;re required to ask for ID for, that you ask for ID, verify that is isn&#8217;t expired, and that the birthdate puts the person in the acceptable range?  I feel like the Duane Reade teller went off-policy today, either through stupidity, or ignorance of the script she was supposed to follow.</p>
<p>And on the upside, I don&#8217;t have a pack of cigarettes to smoke, which is great for my health and saves me $10 or whatever the current vice tax is.</p>
<p><strong>Update:</strong> I emailed Duane Reade for clarification on their policy regarding the sale of tobacco products, and have been assigned case #160594.  Will update when it comes!</p>
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		<title>Obama Murders Osama: The Illegal Assassination of America&#8217;s #1 Enemy</title>
		<link>http://elliottback.com/wp/obama-murders-osama/</link>
		<comments>http://elliottback.com/wp/obama-murders-osama/#comments</comments>
		<pubDate>Sat, 07 May 2011 02:37:44 +0000</pubDate>
		<dc:creator>Elliott Back</dc:creator>
				<category><![CDATA[Homeland Security]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[President]]></category>

		<guid isPermaLink="false">http://elliottback.com/wp/?p=3522</guid>
		<description><![CDATA[What gave President Obama the right to order Navy Seals to invade the foreign sovereign nation of Pakistan, fly inland 50 kilometers from the Capital, and murder an unarmed foreign citizen?  According to Reuters, &#8220;&#8216;this was a kill operation,&#8217; U.S. national security official [said], clarifying no desire to capture Osama bin Laden alive.&#8221; In [...]]]></description>
			<content:encoded><![CDATA[<p>What gave President Obama the right to order Navy Seals to invade the foreign sovereign nation of Pakistan, fly inland 50 kilometers from the Capital, and murder an unarmed foreign citizen?  According to Reuters, &#8220;&#8216;this was a kill operation,&#8217; U.S. national security official [said], clarifying no desire to capture Osama bin Laden alive.&#8221; In the NY Times article <a href="http://www.nytimes.com/2011/05/04/world/asia/04raid.html?_r=1">New U.S. Account Says Bin Laden Was Unarmed During Raid</a>, they clarify:</p>
<blockquote><p>Bin Laden’s wife, who was with him in the room, &#8220;rushed the U.S. assaulter and was shot in the leg but not killed,&#8221; said the White House spokesman, Jay Carney, reading from the brief account, which was provided by the Defense Department. &#8220;Bin Laden was then shot and killed. He was not armed.&#8221;</p>
<p>Despite expecting Bin Laden to put up a fight, Mr. Brennan said the assault team had made contingency plans for capturing, rather than killing him. &#8220;If we had the opportunity to take Bin Laden alive, if he didn’t present any threat, the individuals involved were able and prepared to do that,&#8221; he said.</p></blockquote>
<p>After the atrocities of World War II, there were held a series of military tribunals called the <a href="http://en.wikipedia.org/wiki/Nuremberg_Trials">Nuremberg Trials</a>, where German leadership was tried under doctrine drawn up by the occupying powers.  By attempting to create and follow a criminal war-crimes procedure rooted in justice, the trials dispelled notions of &#8220;victor&#8217;s justice&#8221; and &#8220;murder by court.&#8221;</p>
<p>So why couldn&#8217;t we do the same with Osama?  Here are two reasons why we should:</p>
<h2><a href="http://en.wikipedia.org/wiki/Executive_Order_12333">Executive Order 12333</a></h2>
<p>In 1981, President Ronald Reagan signed into law this order which stated that &#8220;No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.&#8221;  This restated Gerald Ford&#8217;s ban on political assassinations, and Jimmy Carter&#8217;s ban on indirect assassination.  Of course, this does not apply to enemy combatants&#8230;</p>
<h2><a href="http://en.wikipedia.org/wiki/Geneva_Convention#Grave_breaches">&#8220;Grave Breaches&#8221; of the Geneva Convention</a></h2>
<p>We haven&#8217;t seen any evidence that Osama was actively engaged against the United States; when he was confronted by Navy Seals, he was unarmed.  He should therefore have been accorded protection as a prisoner of war, fairly treated, and granted a fair trial.  Instead he was assassinated.</p>
<p>I&#8217;d like to leave you with this quote from Reason&#8217;s <a href="http://reason.com/archives/2011/05/05/dead-or-alive">Did the killing of Osama bin Laden violate U.S. law?</a>:</p>
<blockquote><p>&#8220;We’re violating our basic values and our basic principles, which is that we accord everybody due process and we don’t engage in summary executions,&#8221; argued libertarian Fox Business Channel host Judge Andrew Napolitano. &#8220;Justice is not a summary execution by a Navy SEAL in your bedroom.&#8221;</p></blockquote>
<p>The Economist&#8217;s <a href="http://www.economist.com/node/18648254">obituary of Osama bin Ladin</a> is also worth reading. </p>
<p><strong>Update</strong>: In the <a href="http://latimesblogs.latimes.com/washington/2011/05/osama-bin-ladens-son-full-text.html">LA Times article &#8220;Osama bin Laden&#8217;s son says U.S. broke international law &#8216;if&#8217; his father is dead&#8221;</a>, Omar bin Ladin says &#8220;We are not convinced on the available evidence in the absence of dead body, photographs, and video evidence that our natural father is dead.&#8221;  Omar also accuses the US of &#8220;breaking international law by killing the unarmed terrorist leader without a trial.&#8221;</p>
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		<title>Americans: &#8220;If I can&#8217;t have it, neither can you.&#8221;</title>
		<link>http://elliottback.com/wp/americans-if-i-cant-have-it-neither-can-you/</link>
		<comments>http://elliottback.com/wp/americans-if-i-cant-have-it-neither-can-you/#comments</comments>
		<pubDate>Wed, 15 Dec 2010 04:04:09 +0000</pubDate>
		<dc:creator>Elliott Back</dc:creator>
				<category><![CDATA[Holiday]]></category>
		<category><![CDATA[Jobs]]></category>
		<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://elliottback.com/wp/?p=3418</guid>
		<description><![CDATA[I was reading the news today and came across this article, US sues school over denial of Muslim pilgrimage, which details an interesting case of law:
The federal government sued a suburban Chicago school district Monday for denying a Muslim middle school teacher unpaid leave to make a pilgrimage to Mecca that is a central part [...]]]></description>
			<content:encoded><![CDATA[<p>I was reading the news today and came across this article, <a href="http://news.yahoo.com/s/ap/20101214/ap_on_go_ca_st_pe/us_muslim_teacher">US sues school over denial of Muslim pilgrimage</a>, which details an interesting case of law:</p>
<blockquote><p>The federal government sued a suburban Chicago school district Monday for denying a Muslim middle school teacher unpaid leave to make a pilgrimage to Mecca that is a central part of her religion. [...]</p>
<p>Khan wanted to perform the Hajj, the pilgrimage to Mecca in Saudi Arabia which every adult Muslim is supposed to make at least once in a lifetime if they are physically and financially able to. Millions go each year.  [...]</p>
<p>Berkeley School District compelled Khan to choose between her job and her religious beliefs, the lawsuit said.</p></blockquote>
<p>Interesting stuff.  As an employer, I believe that you should make every possible effort to strike reasonable work-life balance for your employees.  Unpaid time away to get married, look after family, and fulfilling religious obligations are all the sorts of things that you would reasonably expect accommodation for.  In more civilized countries, you would be accorded sufficient paid holidays to do much of this.  Unfortunately, in the United States, by law, there is no requirement to offer any holidays at all!</p>
<p>Ignoring the religious and racial overtones in this news article, what I found interesting was the comments thread.  Check these high-rated gems out:</p>
<ul>
<li>&#8220;they want, want, want but don&#8217;t want to give. Special treatment! Whatever happened to the (former) American work ethic?&#8221;</li>
<li>&#8220;Contract, obey the rules and live with them or dont sign up&#8221;</li>
<li>&#8220;Whoever hired her should be fired.&#8221;</li>
<li>&#8220;This is a sham on the american way of life&#8221;</li>
<li>&#8220;Seperation of Church and State. Take a Religous Holiday when everyone else does.&#8221;</li>
<li>&#8221; She signed a contract, then did not like it. Tough. Think I like paying my credit cards? No, but I have a contractual relationship to pay .&#8221;</li>
<li>&#8220;What a bunch of bull. This should not even go to court. She should be denied time off for this. Try this at a real job and they will tell you &#8220;no&#8221;! Here is why, if you want the time off then use your vacation time. That is what it is for. Your employer is not obligated to give you any more time off then what you have accrued.&#8221;</li>
</ul>
<p>It&#8217;s an interesting fact that <a href="http://thesocietypages.org/socimages/2010/01/31/paid-holidaysvacation-days-in-the-u-s-versus-other-oecd-countries/">Americans have the least paid vacation days in the world</a> (0 by law), some of the <a href="http://www.nytimes.com/2010/12/07/education/07education.html?hp">most mediocre students in the world</a>, the largest <a href="http://www.nytimes.com/2010/10/17/business/17view.html">wealth-gap between the rich and poor</a>, etc.  Yet when confronted by an individual who is trying to improve the American standard of living (by advocating for improved time-off rules), American internet commenters essentially say, &#8220;I don&#8217;t have this right; why should you?&#8221;</p>
<p>I don&#8217;t understand this.</p>
<p>Do you want America to suck?  You should be cheering this woman and the ALCU on, because they are fighting for your rights.  (If you feel like commenting that I&#8217;m an elitist foreigner who should shut up and work harder, please don&#8217;t even bother to leave a comment.)</p>
<p><strong>Update:</strong> It&#8217;s nice to see <a href="http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/7945719/Netflix-lets-its-staff-take-as-much-holiday-as-they-want-whenever-they-want-and-it-works.html">Netflix lets its staff take as much holiday as they want, whenever they want – and it works</a> come out today.</p>
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