Mel Tillis is dead at 85. He wasn’t as famous as the performers who made his songs into hits, and unless he was singing, he had a stutter. He mattered to me because of two things: he got up on stage and spoke despite the stutter, and he wrote “Ruby, Don’t Take Your Love to Town,” in 1967. Continue Reading…
If you’ll get over chortling about the fact that the Oklahoma state senator who just pleaded guilty to child sex trafficking was Donald Trump’s Oklahoma campaign chair last year, the case raises some serious questions about federal law and sentencing.
The facts appear to be simple: a 17-year-old boy met Sen. Shortey on line and asked him for help in earning money. Shortey offered him money for sex. The boy agreed, and they met in a motel room. The boy’s girlfriend, who had followed him to the motel, called his father, who phoned the police, who came and busted the pair in flagrante.
Shortey was first charged under Oklahoma law with “soliciting prostitution of a minor, prostitution within 1,000 feet of church, and transporting for the purpose of prostitution.” (I’d like a slow, careful explanation of why the crime was aggravated by the fact that there was a church within a 333-yard radius of the motel, but perhaps we can leave that for another time.)
The state charges were dropped after he was indicted federally for sex trafficking of a minor and two counts of child pornography: one for sharing videos for with two individuals and another for soliciting a minor for photos of himself. Shortey has just pleaded guilty to the sex trafficking charge, for which he faces a mandatory minimum sentence of 10 years in federal prison (which, with good time, means about 8 1/2 years behind bars). The maximum is life.
Note the elision here. The federal law is designed to get people who run commercial juvenile prostitution enterprises, and in particular enterprises involving interstate or international movement of juvenile sex workers, often involving coercion or deception. That’s as horrible a crime as it’s possible to imagine – morally much more culpable than, for example, homicide done in the heat of passion – and fully justifies extremely harsh sentencing. But Sen. Shortey didn’t do any of that. He purchased sex from a 17-year-old, in a state where the age of consent is 16. (Oklahoma law distinguishes commercial from non-commercial sex, so that the boy’s being under 18 made the offense a more serious one.) Shortey didn’t use coercion or trickery, or in any obvious way abuse his public office. Continue Reading…
Sessions tells Congress he will not violate Obama-era legal protections for pot.
Marijuana could be legal in New Jersey as soon as April. A snag for legal marijuana in New Jersey? New Assembly speaker won’t commit. Marijuana legalization would force tough choice for New Jersey towns. How the price of weed in New Jersey could plunge if it’s legalized.
Budweiser’s ex-marketing chief sees weed as the new craft beer. Steep taxes on recreational marijuana are a powerful incentive for states to legalize. Marijuana legalization likely to favor large companies. Marijuana’s female pioneers are being pushed aside in the legal weed boom.
Canada provinces split on plans for legal marijuana sales. Cities fight for legal marijuana revenue as Canada reveals minimum $1 per gram tax. Quebec calls for one-year delay on legal marijuana. Nova Scotia to release minimum age and retail model by year’s end. Private legal marijuana stores, online government sales planned for Alberta.
Someone paid just $450 million for a da Vinci painting. OK, in principle it’s an investment. But basically it’s dramatic conspicuous consumption by some oligarch or mogul who could have done something fundamentally more worthy with this money. That same $450 million could have covered the World Health Organization’s TB, malaria, and reproductive maternal, newborn, child and adolescent programs for an entire year.
The only bright spot is that the payment is a pure transfer. I hope the seller picks this up.
Yes, according to the top-ranked people at the Tyndall Centre, as reported in a string of journal reports, the key letter here. They predict global carbon emissions will rise 2.0% in 2017, after three years on a plateau. They do not offer a prediction for 2018, but are not optimistic.
(Chart from here.)
Is there any reason to change the plateau story? Is the rise a blip or a sign that emissions growth has resumed? For my money, a blip. Let’s look at the detail. Continue Reading…
Quite aside from the Robin-Hood-In-Reverse economic effects of the proposed GOP tax bill, the bill already poses practical difficulties in planning. Take for instance, the proposed change in the tax treatment of alimony that I previously discussed .
Imagine that there is, right now, an ongoing negotiation of a divorce separation agreement. The stronger economic party (generally the husband) puts an offer on the table that is less than optimum for the weaker party (generally the wife). Since the effective date of the change in alimony rules applies for separation agreements entered into after December 31, 2017, the stronger party can credibly say: “Look, take this deal now. It will only get worse for you if you wait since the tax benefit will disappear after December 31. At that point, I can’t offer you as much alimony since the effective rate on the entire economic package, including any amount that I pay you in alimony, will go up.” Thus, assuming two well-informed parties, the proposed bill has already affected the bargaining process since the pressure tactic can have real teeth.
Another example is one that I am facing in my practice. Client intends to lease commercial real property and operate his business out of that property. The lease is supposed to give my client an option to purchase the real estate. The preliminary documents provide that the option was to be fully assignable, but the other side has now raised an objection to the free assignability of the option. However, the ability to freely assign the purchase option takes on greater importance in light of proposed changes under the GOP tax bill.
Under current law, “material participation” in a real estate venture is generally a good thing since it allows otherwise passive losses to offset active income from a business. Under the GOP proposal, the value of material participation is turned on its head because the income from pass-thru entities in which owners don’t materially participate is substantially lower than income from businesses in which they do materially participate. (From a tax policy standpoint the rule change may be a disaster. Daniel Shaviro has shown that the Service’s enforcement of this “new” material participation rule will face some significant practical impediments. Thus, the tax loss from the provision could, over time, be far greater than now anticipated, since the concept of “material participation” cannot be accurately gauged by an examining revenue agent.)
As a consequence, my client cannot be flexible on this point since he really doesn’t know (i) whether the bill will pass, (ii) if it does pass, the precise details of the new material participation rules, and (iii) what sorts of tax planning issues he will face ten years out as the law under the new rule develops.
So much for simplicity.
Leigh Corfman says that she was fourteen years old and waiting with her mother outside a courtroom before a custody hearing when Roy Moore, then thirty-two and an assistant district attorney, offered to stay with Corfman while her mother went into court. Corfman says Moore used that opportunity to get her phone number, and subsequently took her out on several dates. On one of those occasions, he took her to his home, undressed her down to her underwear, undressed himself to the same extent, fondled her through her bra and panties, and attempted to put her hand on his genitals.
If what Corfman says is true, Moore committed a felony under Alabama law (which hasn’t changed in the meantime). Moore says that none of it happened: “I never knew this woman. I never met this woman.”
Moore’s defenders say that he ought to be considered innocent until proven guilty, and that a “mere accusation” (as Donald Trump called it) shouldn’t block Moore’s election to the U.S. Senate. “It’s just he-said, she-said” is the favored phrase. (Moore and his friends also want to ignore the three other juvenile but barely legal girls who say he took them out and kissed them.)
As Mitt Romney among others has pointed out, this is absurdly confused; it’s an attempt to apply courtroom standards outside their proper realm. No one thinks an ordinary political charge needs to be proven beyond reasonable doubt before voters take it into account, and there’s no reason why a charge that happens also to be felony should be any different. (Moore’s attempt, and that of his supporters, to blame the Washington Post for concocting “fake news,” while it might be effective political rhetoric, lost all of its logical force when the Wall Street Journal re-interviewed the Post‘s sources and found that all of them confirmed that the Post had accurately reported their statements.)
Even if this were a criminal trial, Moore might well be convicted. Leigh Corfman’s sworn testimony would be sufficient to establish a prima facie case. It would then be up to the jury to weigh the credibility of the accusation against the credibility of the denial and decide whether they were convinced, beyond reasonable doubt, that the Moore was guilty. Sometimes the jurors decide that they are so convinced, even if it’s simply the bare word of the accuser against the bare word of the complainant: in a mugging, for example, there may be no other witness or physical evidence. If the victim has no apparent motive to lie – while the accused has the strongest of motives, the desire to escape a felony conviction – it may not be unreasonable for a jury to decide that the accusation is convincing enough to convict.
But Moore’s position is actually much worse than that of our hypothetical robbery suspect. Continue Reading…