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 [ . . . ]

Read the Rest...

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 [ . . . ]

Read the Rest...