Archive for January 28th, 2008

More NYC Stupidity

With no offense intended to all my NYC friends, of course. Some tosser with the NYPD has asked the City Coun­cil to give the police the power to autho­rize peo­ple in New York City to pos­sess envi­ron­men­tal test­ing devices, and pro­vide for crim­i­nal pros­e­cu­tion of per­sons pos­sess­ing such equip­ment with­out per­mis­sion. Air qual­ity meters, chem­i­cal snif­fers, Geiger coun­ters. It appears that the NYPD would even be licens­ing smoke detec­tors, radon test kits, and car­bon monox­ide mon­i­tors. And any­one merely pos­sess­ing these things with­out per­mis­sion could go to jail. The jus­ti­fi­ca­tion for this invid­i­ous tid­bit of leg­is­la­tion is the fear that unreg­u­lated [ . . . ]

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Untrammeled Whimsy

[E]ven more regret­table than the fail­ure to either fol­low or unequiv­o­cally over­rule the cited cases is the char­ac­ter of the “rule” which is now pro­mul­gated: the major­ity assert that hence­forth “a statute or other rule of law will be char­ac­ter­ized as sub­stan­tive or pro­ce­dural accord­ing to the nature of the prob­lem for which a char­ac­ter­i­za­tion must be made,” thus sug­gest­ing that the court will no longer be bound to con­sis­tent enforce­ment or uni­form appli­ca­tion of “a statue or other rule of law” but will instead apply one “rule” or another as the untram­meled whimsy of the major­ity may from time to [ . . . ]

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