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BREAKING: James Holmes Found Guilty in Aurora Massacre Trial

Mother Jones

Three years after he killed 12 people and injured 70 more in a movie theater in Aurora, Colorado, a jury has found James Holmes guilty of first degree murder.

The jury concluded that Holmes was not legally insane at the time he committed the crimes, despite evidence of mental illness. Holmes’ mental state will come into play again in the penalty phase of the trial, in which jurors will hear testimony and decide whether he is eligible for execution.

Which raises the question: How crazy is too crazy to be executed? Here’s how capital defense lawyer and occasional Mother Jones contributor Marc Bookman put it in a remarkable essay with precisely that title:

There is no simple answer to this question. State courts across the country have struggled to define “intellectual disability” (also known as mental retardation) since 2002, when the Supreme Court ruled that retarded people are exempt from capital punishment. The high court has also banned the execution of anyone who was under 18 at the time of his crime, but no court has ruled that severe mental illness makes a person ineligible for the death penalty.

The Supreme Court’s latest foray into the issue involved the case of Scott Louis Panetti, another Texas death row inmate. Panetti, a diagnosed schizophrenic who killed his in-laws, defended himself in court wearing a purple cowboy suit. As if that weren’t enough, he asked to subpoena Jesus, John F. Kennedy, and the pope. While the justices didn’t offer any clear standard on how crazy is too crazy, they suggested that severe mental illness might render someone’s “perception of reality so distorted” that he cannot be constitutionally executed.

As it stands, a person cannot be put to death if he or she is deemed “insane,” but that’s a narrow legal distinction. Whether at trial or on the eve of execution, an insanity defense hinges on a defendant’s inability to connect his crime with the consequences. Absent that connection, neither deterrence nor retribution is served by execution. As the legal scholar Sir William Blackstone put it more than 200 years ago, madness is its own punishment.

Almost every state now utilizes some version of what is known as the M’Naghten Rule. Daniel M’Naghten, an Englishman, was put on trial in 1843 for fatally shooting a civil servant he apparently mistook for the prime minister. He had delusions of persecution, and a number of doctors testified that he was unable to hold himself back. When the prosecution produced no witness to say otherwise, M’Naghten was found not guilty by reason of insanity. He spent most of the rest of his life at the State Criminal Lunatic Asylum in London’s Bethlem Royal Hospital, which locals pronounced “Bedlam.”

Thus was coined a word we associate with chaos—and it was chaos that ensued when M’Naghten was acquitted and the public took the verdict poorly. What emerged amid the outcry was the generally applied law that an insanity defense would only be available to someone who cannot understand the “nature and quality” of his act.

In a more recent piece focusing on the Panetti case, staff reporter Stephanie Mencimer digs deeper into the high court’s thinking, and demonstrates in a followup analysis why it is so difficult, once a case gets to this stage, to reverse momentum toward a verdict of death.

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BREAKING: James Holmes Found Guilty in Aurora Massacre Trial

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What Is Going On With This Bobby Jindal Announcement Video?

Mother Jones

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Louisiana Republican Gov. Bobby Jindal launched his presidential campaign on Wednesday by releasing a video—a very strange video. In it, he and his wife, Supriya, break the news to their three kids that he’ll be spending much of the next six months (at least) in Iowa. What makes it so unusual is that it appears to have been filmed with a camera hidden in a tree. Jindal himself is partially obscured by a large branch. His kids don’t sound particularly excited about their father’s presidential bid. Maybe they’ve seen the polls.

Watch:

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I had to tell a few people first. But I want you to be next. I’m running for President of the United States of America. Join me: http://www.bobbyjindal.com/announcement/

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Bobby Jindal on Wednesday, June 24, 2015

Original article – 

What Is Going On With This Bobby Jindal Announcement Video?

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This wind turbine has no blades — and that’s why it’s better

blade shunner

This wind turbine has no blades — and that’s why it’s better

By on 20 May 2015commentsShare

What do you get if you take the blades off a wind turbine? A better wind turbine.

That sounds like a joke, but that’s actually more or less the model of a new wind turbine prototype. Instead of blades that turn in the breeze, the turbine is just a hollow straw that sticks up 40 feet from the ground and vibrates like a guitar string when the wind thrums by.

The Spanish engineers who founded Vortex Bladeless in 2010 said they were inspired by the Tacoma Narrows Bridge disaster (maybe not the best pitch for clean energy to a disaster-wary public, but I’ll leave that to their marketing department). Here’s how it actually works, from Wired:

Instead of capturing energy via the circular motion of a propeller, the Vortex takes advantage of what’s known as vorticity, an aerodynamic effect that produces a pattern of spinning vortices. Vorticity has long been considered the enemy of architects and engineers, who actively try to design their way around these whirlpools of wind. And for good reason: With enough wind, vorticity can lead to an oscillating motion in structures, which, in some cases, like the … Tacoma Narrows Bridge, can cause their eventual collapse.

At the base of the cone are two rings of repelling magnets, which act as a sort of nonelectrical motor. When the cone oscillates one way, the repelling magnets pull it in the other direction, like a slight nudge to boost the mast’s movement regardless of wind speed. This kinetic energy is then converted into electricity via an alternator that multiplies the frequency of the mast’s oscillation to improve the energy-gathering efficiency.

The result is a turbine that’s 50 percent less expensive than a bladed one, nearly silent, and, as one of the turbine’s engineers put it, “looks like asparagus” (sorry, Quixote). And while each Vortex turbine is also 30 percent less efficient at capturing energy, wind farms can double the number of turbines that occupy a given area if they go bladeless. That’s a net energy gain of 40 percent for you non-mathletes out there.”

Plus, the turbine has no gears or moving parts; theoretically maintenance could be much easier than a traditional bells-and-whistles spinning one. No shade to my three-bladed friends, but I can’t complain about a cheaper, more accessible wind-powered future.

Source:
The Future of Wind Turbines? No Blades

, Wired.

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This wind turbine has no blades — and that’s why it’s better

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This Judge Just Smacked Down A Key NSA Spy Program

Mother Jones

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A panel of federal judges slapped down the National Security Agency’s telephone metadata collection program Thursday, effectively saying that the program goes way beyond what the law allows. In a 97-page decision released by the 2nd US Court of Appeals, the three-judge panel found that the Patriot Act doesn’t allow the government to collect phone records in such a blanket way.

The court’s ruling won’t stop the program, as the New York Times notes. Rather, it punts the issue back to lower courts and Congress to determine exactly what’s okay and what isn’t. But the decision, written by Judge Gerard E. Lynch, doesn’t pull any punches either. “Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware,” he wrote.

Here are some highlights from his ruling, which you can read in full below:

On the government using “inapplicable statutes and inconclusive legislative history” in its arguments:

dc.embed.loadNote(‘//www.documentcloud.org/documents/2074277-appeals-court-ruling-aclu-v-clapper/annotations/216830.js’);

On the government’s “unprecedented and unwarranted” definition of what material is relevant to an actual investigation:

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On whether Congress, or the public, fully understood what the government was going to do with this program:

dc.embed.loadNote(‘//www.documentcloud.org/documents/2074277-appeals-court-ruling-aclu-v-clapper/annotations/216835.js’);

Full decision:

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Appeals Court Ruling ACLU v. Clapper (PDF)

Appeals Court Ruling ACLU v. Clapper (Text)

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This Judge Just Smacked Down A Key NSA Spy Program

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You’re Really Going to Hate James Franco’s Offensive Nostalgia Trip to McDonald’s

Mother Jones

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In the midst of plummeting sales, pressure to bump wages, and an apparent gastronomic identity crisis, McDonald’s needs all the help it can get right now to reclaim its status as a global fast-food powerhouse. Today, the company found a friend in actor James Franco.

The aspiring Renaissance man and actor, who once worked as a McDonald’s employee for a total of three months, has penned a bizarre op-ed in the Washington Post to defend the company from its growing chorus of detractors. The piece, titled “McDonald’s Was There for Me When No One Else Was,” describes his decision to quit UCLA as an undergrad in 1996 in order to pursue an acting career. While studying at a “hole-in-the-wall” acting school, Franco worked a part-time job at a Los Angeles McDonald’s:

When I was hungry for work, they fed the need. I still love the simplicity of the McDonald’s hamburger and its salty fries. After reading “Fast Food Nation,” it’s hard for me to trust the grade of the meat. But maybe once a year, while on a road trip or out in the middle of nowhere for a movie, I’ll stop by a McDonald’s and get a simple cheeseburger: light, and airy, and satisfying.

Franco, who seems to forget that being a drop-out from an elite university set him apart from most hourly workers at McDonald’s, goes onto reminisce about his rosy experience: Mixing it up with co-workers and even practicing funny accents. “I refrained from reading on the job, but soon started putting on fake accents with the customers to practice for my scenes in acting class,” he recalls. Franco even encountered a homeless family. “They lived out of their car and did crossword puzzles all day,” Franco writes. “Sometimes they would order McDonald’s food, but other times they would bring in Chinese or groceries.”

Franco also had the thrill of getting hit on by a man who actually cooked those “light, airy, and satisfying” burgers.

He wanted to hook up in the bathroom, but he didn’t speak English, so he had someone translate for him.

To everyone out there fighting for a living wage, this experience could offer some hope. After all, with the right attitude, McDonald’s can be a stepping stone on your path to Hollywood stardom, just as it was for James Franco.

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You’re Really Going to Hate James Franco’s Offensive Nostalgia Trip to McDonald’s

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This Is Why You Crave Sugar When You’re Stressed Out

Mother Jones

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Here’s something that won’t come as a surprise to anyone who has ever devoured a pint of Rocky Road after a miserable day at work: Researchers at the University of California-Davis recently found that 80 percent of people report eating more sweets when they are stressed. Their new study, published in the the Journal of Clinical Endocrinology & Metabolism, offers a possible explanation.

Sugar, the researchers found, can diminish physiological responses normally produced in the brain and body during stressful situations. With stress levels on the rise, this could explain why more people are reaching for sweets.

The three-phase study involved 19 women, ages 18 to 40, who spent three days on a low-sugar diet at the research facility. Saliva samples and MRIs were taken and stress was induced through timed math tests. After being discharged, over the course of 12 days, the women consumed sweetened drinks three times a day. Half had beverages sweetened with the artificial sweetener aspartame, while the rest had drinks sweetened with real sucrose. This phase was followed by an additional three-day stint at the facility during which MRIs and saliva samples were taken again.

After the 12-day period, the group that had sucrose-sweetened beverages showed higher activity in the left hippocampus (an area of the brain responsible for learning and memory that is sensitive to chronic stress) and significantly reduced levels of cortisol (the hormone released in response to stress) compared to those who had artificially sweetened beverages.

While this study was one of the first to show that sugar can reduce stress responses in humans, it followed up on previous studies that found similar conclusions in animal subjects. The researchers noted the need for future research—especially on whether long-term sugar consumption has the same effect.

“The concern is psychological or emotional stress could trigger the habitual overconsumption of sugar,” lead author Kevin D. Laugero told Science Daily. Not exactly great news for those of us who enjoy eating our feelings.

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This Is Why You Crave Sugar When You’re Stressed Out

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Does GE Capital’s Demise Mean Financial Reform Is Working?

Mother Jones

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Interesting post today from Paul Krugman about the shadow banking system and GE’s recent decision to get out of the finance biz:

GE Capital was a quintessential example of the rise of shadow banking. In most important respects it acted like a bank; it created systemic risks very much like a bank; but it was effectively unregulated, and had to be bailed out through ad hoc arrangements that understandably had many people furious about putting taxpayers on the hook for private irresponsibility.

Most economists, I think, believe that the rise of shadow banking had less to do with real advantages of such nonbank banks than it did with regulatory arbitrage — that is, institutions like GE Capital were all about exploiting the lack of adequate oversight….So Dodd-Frank tries to fix the bad incentives by subjecting systemically important financial institutions — SIFIs — to greater oversight, higher capital and liquidity requirements, etc.. And sure enough, what GE is in effect saying is that if we have to compete on a level playing field, if we can’t play the moral hazard game, it’s not worth being in this business. That’s a clear demonstration that reform is having a real effect.

Read the whole thing for more.

By the way: On the occasions when I come up for air and write blog posts, I’ll probably mostly be doing stuff like this. That is, quick links to something interesting without much additional commentary.

The reason is fatigue, which is nearly everpresent these days. Physically, this is a nuisance, but not much more. Mentally, though, it’s worse, because it leaves me without the—what’s the right word? Cognitive will? Cognitive ability?—to really think hard about stuff. And without that, I can’t blog much even though typing is, obviously, not a very physically demanding activity.

Still, I continue to keep up as best I can, and I really love to blog. I won’t quite say that being unable to blog is the worst part of this whole chemotherapy thing, but it’s close. I just hate having ideas about the stuff I read but being just a little too foggy to really be sure of my ability to say something useful and coherent about it. So I’ll continue pointing out items that interest me, but mostly leaving it at that.

In case you’re curious, I use crossword puzzles as a sort of rough guide to my mental fatigue level. This afternoon, for example, I finished one. Hooray! That means I’m at least moderately alert. However, it was a Thursday puzzle1 and it took me about three hours to finally get through it. That’s not so great. But who knows? Maybe it was just unusually hard. I’ll try another one tonight.

1For those of you who aren’t into crossword puzzles, the New York Times puzzle gets harder as the week progresses. A Thursday puzzle is a bit of a challenge, but usually not a big one. Good solvers can finish them in 5-10 minutes. For me, it’s usually 15-30 minutes. Three hours is well outside my usual range.2

2Hmmm. On the other hand, maybe this wasn’t my fault. I just checked, and the name of the third baseman in Abbot & Costello’s “Who’s On First?” sketch is indeed “I don’t know.” I kept trying to fit that in somewhere, but the answer in the puzzle was “Tell me something.” Where did that come from?

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Does GE Capital’s Demise Mean Financial Reform Is Working?

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Facebook Is Being Sued for Gender and Racial Discrimination. Here’s Why.

Mother Jones

In a lawsuit filed against Facebook on Monday, former employee Chia Hong accused the company of gender discrimination, racial discrimination, and sex harassment.* She is represented by Lawless & Lawless, the same law firm representing Ellen Pao in the high-profile gender discrimination case against venture capital firm Kleiner Perkins. (And yes, Lawless really is the last name of the two sisters who head the firm.)

Hong, who worked as a product manager at Facebook until October 2013, alleges that she suffered from discrimination by her boss, Anil Wilson, and dozens of other coworkers during her three years at the company. She also claims that she was wrongfully terminated after complaining about the harassment and discrimination.

The complaint states that Facebook employment policies were “neutral on their face” but “resulted in a disparate impact” on Hong, due to her gender:

The harassment included, but was not limited to, ANIL WILSON regularly ignoring or belittling plaintiff’s professional opinions and input at group meetings in which she was the only woman or one of very few; asking plaintiff why she did not just stay home and take care of her child instead of having a career; admonishing plaintiff for taking one personal day per month to volunteer at her child’ s school, which was permitted under company policy; ordering plaintiff to organize parties and serve drinks to male colleagues, which was not a part of plaintiff’s job description and not something that was requested of males with whom she worked; and telling plaintiff he had heard she was an “order taker,” by which he meant that she did not exercise independent discretion in the execution of her job duties.

It also alleges racial discrimination against her:

The discrimination included, but was not limited to, plaintiff having her professional opinions belittled or ignored at group meetings in which she was one of the only employees of Chinese descent; plaintiff being told that she was not integrated into the team because she looks different and talks differently than other team members, and plaintiff being replaced by a less qualified, less experienced Indian male.

This latest case comes as various Silicon Valley companies are struggling to diversify their conspicuously white, male workforces. According to a report issued by Facebook last June, 69 percent of its employees are male—including 77 percent among senior staff and 85 percent among its tech workers. The report also found that Facebook’s overall workforce was 57 percent white and 34 percent Asian.

In a statement to TechCrunch on Wednesday about the lawsuit, a Facebook spokesperson refuted Hong’s allegations: “We work extremely hard on issues related to diversity, gender and equality, and we believe we’ve made progress. In this case we have substantive disagreements on the facts, and we believe the record shows the employee was treated fairly.”

Correction: The initial version of this post misstated the allegation as “sexual harassment.”

Link to article:  

Facebook Is Being Sued for Gender and Racial Discrimination. Here’s Why.

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Here’s the Birth of the Modern Anti-Vax Movement

Mother Jones

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A New York Times video takes a look at the birth of the belief that vaccinations can cause autism in young children:

It turns on a seminal moment in anti-vaccination resistance. This was an announcement in 1998 by a British doctor who said he had found a relationship between the M.M.R. vaccine — measles, mumps, rubella — and the onset of autism.

Typically, the M.M.R. shot is given to infants at about 12 months and again at age 5 or 6. This doctor, Andrew Wakefield, wrote that his study of 12 children showed that the three vaccines taken together could alter immune systems, causing intestinal woes that then reach, and damage, the brain. In fairly short order, his findings were widely rejected as — not to put too fine a point on it — bunk. Dozens of epidemiological studies found no merit to his work, which was based on a tiny sample. The British Medical Journal went so far as to call his research “fraudulent.” The British journal Lancet, which originally published Dr. Wakefield’s paper, retracted it. The British medical authorities stripped him of his license.

Nonetheless, despite his being held in disgrace, the vaccine-autism link has continued to be accepted on faith by some. Among the more prominently outspoken is Jenny McCarthy, a former television host and Playboy Playmate, who has linked her son’s autism to his vaccination: He got the shot, and then he was not O.K. Post hoc, etc.

This is, of course, even crazier than it sounds. It’s one thing to be skeptical of the scientific community and its debunking of the Wakefield study. But it’s now 2015. MMR vaccines that contain thimerosal—the supposed cause of autism—have been off the market for well over a decade. Not one single child has gotten a dose of thimerosal since about 2002. And yet, autism rates haven’t gone down. They’ve gone up. You don’t need to trust scientists to see that, very plainly, thimerosal simply never played any role in autism. And there’s never been any reason to think that any other vaccine does either.

And yet, there’s apparently nothing that will convince certain parents of this. At least, if there is, no one has figured it out yet. Sigh.

Credit: 

Here’s the Birth of the Modern Anti-Vax Movement

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The Wonkosphere’s Top Evergreen Stories, Explained

Mother Jones

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The news business has always had evergreen stories. When Time magazine asks “Why Did Jesus Have To Die?” on its cover, it’s following in its own footsteps along with hundreds of others. If it’s Easter, we have stories about Jesus.

The wonky blog world has its own odd set of evergreens. These are stories that might have been interesting the first time I read them, but which I’m now heartily sick of. So even though I’m a day late for this to be part of the Festivus airing of grievances, here are a few examples:

Does Daylight Savings Time really reduce energy consumption?
An economist explains why Christmas gift giving is inefficient.
The Declaration of Independence wasn’t really signed on July 4th.
Christmas and those crazy Asians: KFC in Japan and Spam in South Korea explained.
Scientists are adding a second to the year today. Here’s why.
The Dow is a lousy proxy for the actual state of the stock market.
Etc.

Of course, if this year happens to be the first time you see any of these evergreens, they’re fresh and new to you. It’s only the fact that I’ve seen them so many times that makes them so tired to me. So feel free to ignore my griping on this subject. In fact, feel free to mock me for it if you like.

Anyway, I was reminded of this by the inevitable spate of bloggish stories last week about why Christmas is inefficient, and then reminded again by not one, not two, but three bloggy pieces about KFC in Japan that I happened to see within five minutes of each other this morning. (Bad luck, that!) And it got me thinking: ordinary old-school evergreens all seem pretty understandable. But these wonkish blog evergreens seem….a bit odd. So I’m curious: what is it that makes a subject a bloggy evergreen? What do these kinds of stories have in common?

Once I figure it out, I plan to write a blog post about it every year. Sort of like the one I write every year about the origins of Black Friday. Are you sick of that one yet?

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The Wonkosphere’s Top Evergreen Stories, Explained

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