| 1 | 00000001 | 00000001 | A15 | draft | A1501 | A1502 | Moskos, Glastris | Wash Monthly 20021104 | Not enuf ppl for home se | We will not be able to meet all of our homeland defense needs with reservists. Moskos proposes a draft of 18 months, including women, no deferments, with choices of serve. A draft brings cultural awareness into the defense effort. A draft recognizes that freedom always implies shared sacrifice and the circumscription of external threats | 0 | 0 | ||
| 2 | 00000002 | 00000001 | A15 | draft | A1502 | A1501 | JWB | OFR | Draft as slavery | A draft would constitute involuntary servitude or slavery, and would even violate the right to life by forcing one person to sacrifice himself for another. http://www.hppub.com/xchap2.htm “Do Ask Do Tell”
http://www.hppub.com/nchap3.htm |
0 | 0 | ||
| 3 | 00000003 | 00000001 | A15 | draft | A1503 | JWB | DADT Ch 2 | Draft and gay ban | A draft would have to deal with the military gay ban. It could have indirect effects on defense-related employment for gay civilians later | 0 | 0 | |||
| 4 | 00000004 | 00000001 | A15 | draft | A1504 | A1505 | JWB | dadt site | national service | A draft should be enlarged as mandatory national service, include women, spread out over many years to serve obligation, would inculcate ethics and shared sacrifice | 0 | 0 | ||
| 5 | 00000005 | 00000001 | A15 | draft | A1505 | A1504 | JWB | dadt site | volunteers | National service would trample effective volunteer programs | 0 | 0 | ||
| 6 | 00000006 | A16 | terrorism | A1601 | JWB | dadt 2 | political problem | The Sept 11 2001 terrorist attacks on America may have a rather conventional political explanation. That is, draw the U.S into a war, mount a propaganda campaign to rouse the “Islamic” masses, and overthrow Saudi Arabia and become the “Fuehrer” of the Islamic world. There are issues about Israel, that the Clinton administration wanted the Taliban to help with an oil pipeline, etc. | 0 | 0 | ||||
| 7 | 00000007 | A16 | terrorism | A1602 | JWB | dadt 2 | religious aspect | The “religious” martyrdom of the Sept 11 terrorists –some well-educated and “spoiled” -- is particularly sinister. We’ve seem this before – Jonestown, Heaven’s Gate, the Japanese subway attacks. Ironically, fundamentalist Islam maintains that God ordains that some people are superior to others, yet religious ideology seems to target Western-style “meritocracy.” | 0 | 0 | ||||
| 8 | 00000008 | A16 | terrorism | A1603 | A1604 | eff.org | eff.org | civil liberties | Recent anti-terrorist legislation may be unconstitutional and violate the 4th Amendment. Pen registers, wiretaps, Carnivore, etc. may target citizens who are not engaging in terrorism. Searches with little court protection may also do so. Profiling may occur (singling out persons of Middle-eastern origin) and there could be a slippery slope where
”victimless crime” laws (marijuana, vice, sodomy, vice) become a law enforcement tool to nab people the government only suspects of terrorism. Police often maintain that enforcing laws against minor offenses are important in reducing serious crime. |
0 | 0 | |||
| 9 | 00000009 | A16 | terrorism | A1604 | A1603 | Krauthammer | Wash Post | WMD | It is absolutely imperative to maintain the intelligence and law-enforcement tools to prevent further homeland attacks with weapons of mass destruction == or else freedom becomes meaningless. A few small nukes could destroy our society. | 0 | 0 | |||
| 10 | 00000010 | A16 | terrorism | A1605 | A1606 | Tom Ridge | media outlets | live normally | Americans should lead normal lives but remain vigilant. Otherwise the “terrorists win.” | 0 | 0 | |||
| 11 | 00000011 | A16 | terrorism | A1606 | A1605 | McKibben | Mother Jones | solidarity/sacrifice | The attacks have, besides causing many deaths and injuries, significantly reduced our wealth and efficiency. There is no way to get around “sacrifice.” In an individualistic society, the “unlucky” or unprepared will make more sacrifices than others. “That’s the breaks.” But we need to rethink some of our values, away from consumerism and money. We need to factor in the idea of having responsibility for others. We need substance as well as short-term gratification. | 0 | 0 | |||
| 12 | 00000012 | B11 | familyvalues | B1101 | B1102 | B1103 | JWB | dadt 5 | family wage | Families cannot compete well in a society whose contractual practices treat everything on the individual level | 0 | 0 | ||
| 13 | 00000013 | B11 | familyvalues | B1102 | B1101 | Burkett | Baby Boon | cheat childless | Pro-family policies by government and employers “cheat” people who don’t have children. | 0 | 0 | |||
| 14 | 00000014 | B11 | familyvalues | B1103 | B1101 | Warren | 2 Income Trap | best lineage | To provide best advantages for their kids, parents feel pressured to buy overpriced homes for best school districts and take on too much debt | 0 | 0 | |||
| 15 | 00000015 | B12 | Eldercare | B1201 | B1202 | ING | Long Term Care | Governments no longer want to have to provide custodial care; individuals and families should consider LTC insurance | 0 | 0 | ||||
| 16 | 00000016 | B12 | Eldercare | B1202 | B1201 | B1203 | Siverstone | You and Your Aging Paren | filial responsibility | Maybe we need filial responsibility laws again. A few states have them, but they bascially became moot with Medicare | 0 | 0 | ||
| 17 | 00000017 | B12 | Eldercare | B1203 | B1202 | Silverstone | You and Your Aging Paren | Medicaid asset depletion | Some parents give away assets to kids and file for Medicaid for nursing home Medicaid ICF eligibibility | 0 | 0 | |||
| 18 | 00000018 | B12 | Eldercare | B1204 | friend | CC | dead hand | “the dead hand” – even today wills, even after collection, can be reversed if the recipient fails to observe a condition. It may be a condition predicate or a condition subsequent. For example, it is possible that a child could forfeit an inheritance to siblings if he or she divorces within a certain number of years after receiving the bequest, or even if the child moves away from home without marriage. This is not common today in the United States; it was quite common in Victorian England. | 0 | 0 | ||||
| 19 | 00000019 | B15 | Gay marriage | B1501 | B1502 | Sullivan | Fundamental right | Argument: There is a fundamental right to marry, and this means that gay people should have an equal right to marry members of their own sex that straight people have to marry members of the opposite sex. | 0 | 0 | ||||
| 20 | 00000020 | B15 | Gay marriage | B1502 | B1502 | Conservatives | Only opposite sex | There is only a fundamental right to marry members of the opposite sex | 0 | 0 | ||||
| 21 | 00000021 | B15 | Gay marriage | B1503 | B1504 | Rauch | Good for America | Gay responsibility | Same-sex marriage would encourage monogamy among gays and would therefore help safeguard public health. It would also encourage gays to take responsibility for others and learn “family values”. Would need gay adoption. Encourages everyone to have a committed backup; marriage for love as well as children; but still one should know his own identity before expecting identity through a relationshio. | 0 | 0 | |||
| 22 | 00000022 | B15 | Gay marriage | B1504 | B1503 | B1505 | Gallagher, other | Complimentarity | Same-sex marriage undermines marriage as a social institution that others believe in, and is not credible because homosexuality is essentially narcissistic. Same sex marriage insults the idea of personal identity through blood, kinships, lineage, procreation | 0 | 0 | |||
| 23 | 00000023 | B15 | Gay marriage | B1505 | B1503 | Morse | Complimentarity | Most men only learn to bond as parents with kids, outside of the adult world, through being tamed by women | 0 | 0 | ||||
| 24 | 00000024 | B15 | Gay marriage | B1506 | JWB | DADT 5 arg | Moral argument | Family is the granularity of individuality; it enforces some caring for others that can be extended; to go outside of family first is cheating | 0 | 0 | ||||
| 25 | 00000025 | B15 | Gay marriage | B1507 | B1507 | full faith and credit | Romer and Lawreince contain languare that would void DOMA | 0 | 0 | |||||
| 26 | 00000026 | B15 | Gay marriage | B1508 | B1508 | public policy | states can defend their own public policy (except for animus) | 0 | 0 | |||||
| 27 | 00000027 | B15 | Gay marriage | B1509 | Murray | Public Interest | governance | to avoid hurting equal protection, don't define marriage in Constitution, just specific powers | 0 | 0 | ||||
| 28 | 00000028 | B21 | AffirmAction | B2101 | B2102 | judge people on merit | Affirmative action should be construed as “aggressive non discrimination.” People should be chosen for educational or employment opportunities on the basis of individual merit alone, in a race, ethnicity and (in most cases) gender-blind way. It may be right to consider balancing opportunities in individual circumstances of documented economic disadvantage. | 0 | 0 | |||||
| 29 | 00000029 | B21 | AffirmAction | B2102 | B2101 | Group remedies | Affirmative action preferences are necessary for social justice. Protestant white males start ahead in line. And social justice can, in a practical sense, be accomplished only with reference to groups, not individuals within the groups. Most people are not ashamed to inherit group assistance. | 0 | 0 | |||||
| 30 | 00000030 | B21 | AfformAction | B2103 | B2104 | Exxon | Diverse representation | Affirmative action preferences provide needed diversity in campus education, as well as needed minority doctors and lawyers and other professionals for minority communities. | 0 | 0 | ||||
| 31 | 00000031 | B21 | AffirmAction | B2104 | B2103 | Segregation | Affirmative action preferences support an segregation mentality. | 0 | 0 | |||||
| 32 | 00000032 | 00000006 | B23 | Gay military | B2301 | B2302 | Sam Nunn | Unit cohesion | The presence of “open” gays in military units would violate the privacy of non-homosexual soldiers given the non-sexual bonding, unit cohesion, close quarters, forced intimacy, “hot bunking” and sometimes other very intimate situations (like sharing ponchos in cold weather exercises), and by definition military personnel must be deployable into any situation. | 0 | 0 | |||
| 33 | 00000033 | 00000006 | B23 | Gay military | B2302 | B2301 | A Belkin | CSSMM | Foreign militaries | Military services of Britain, Canada, Israel and Australia have not experienced difficulties with unit cohesion or “privacy” after lifting the ban. | 0 | 0 | ||
| 34 | 00000034 | 00000006 | B23 | Gay military | B2303 | JWB | Live and Let Live | Gay soldiers should make open publication of sexual orientation but should serve without witch-hunts or asking or harassment. | 0 | 0 | ||||
| 35 | 00000035 | B31 | COPA | B3101 | ACLU | minors definition | For COPA (Child Online Protection Act) the term “harmful to minors” is vague because it could refer to “all minors.” Then according to “community standards” web content could be determined as “harmful to minors” if it would appeal to the prurient interest of immature minors and therefore not have “serious value” to them. | 0 | 0 | |||||
| 36 | 00000036 | B31 | COPA | B3102 | B3106 | JWB | serious value national | For COPA (Child Online Protection Act) the term “harmful to minors” allows exclusion of material with serious value to a “legitimate minority of older minors” according to various state laws and existing case law that has interpreted the concept that way. This “third prong” is, according to case law, not affected by local community standards because the “serious value” concept is viewed as broadbased. (The “legitimate minority” idea is less clear for the first two prongs.) Thus, Sexual discussions that have legitimate (if controversial) value to older minors is not regarded as “harmful to minors” if is not more gratuitous than necessary (in attracting web traffic) to make its point To interpret this differently would put obscenity laws at risk as they apply to the Internet. | 0 | 0 | ||||
| 37 | 00000037 | B31 | COPA | B3103 | Olson | oral args | commercial responsibilit | For COPA (Child Online Protection Act) commercial web publishers owe the public due diligence in protecting children since the web offers them a worldwide audience so inexpensively. And technical solutions (like adultcheck) are available now. Theoretically, this argument could be extended to say that strict scrutiny may not protect a commercial web publisher that has not shown the due diligence expected with commercial scale to protect the public. (But this gets back to money-based arguments common in business today.) | 0 | 0 | ||||
| 38 | 00000038 | B31 | COPA | B3104 | Kennedy | opinion 2004 | content-based restrictio | For COPA (Child Online Protection Act) a per-domain adult check would drive away traffic from content that is normally protected and normally marginally “adult”; other solutions like PICS are much less restrictive. .
Also the “commercial due diligence” arguments could wind up favoring some points of view (as on “gay rights”) when presented to teenagers over others. This amounts to a content-based speech restriction, which requires least restrivtive means analysis to meet compelling state interest. |
0 | 0 | ||||
| 39 | 00000039 | B31 | COPA | B3105 | 3rd Circuit | denominator | For COPA (Child Online Protection Act) the phrase “taken as a whole” in the serious value prong might be hard to interpret, Does it refer to one html file, to a whole domain, or to the volume of material that a minor is prospectively expected to read and comprehend. | 0 | 0 | |||||
| 40 | 00000040 | B31 | COPA | B3106 | B3102 | ACLU | overbreadth | For COPA (Child Online Protection Act): the DOJ seems willing to consider the definition of HTM to essentially be restricted to pornography, inasmuch as what would be prosecuted. However, even the DOJ admits that some plaintiffs have borderline content (in terms of sexual explicitness as to sex acts and organs) that might be “harmful to minors.” A prosecutor in some community could apply his or her own interpretation of this concept on a particular domain. Although this might seem unlikely given case law on state HTM’s and on the fact that the DOJ is already conservative in its approach, the Supreme Court, in a worst case scenario, could state that HTM may be applied to adult subject matter on its face, if a prosecutor believes that a web operator is using adult content to attract attention that it cannot justify with normal business and economic scale (enough scale to offer due diligence). Thus, in a worst case scenario, only already profitable businesses could offer adult content, or newbies could get into the commerce of adult political opinion only if they did something else to establish themselves in the media or publishing worlds first. . Of course, this would interfere with the fair debate needed in the political process, so important to conservatives who disapprove of judicial activism to settle social issues. | 0 | 0 | ||||
| 41 | 00000041 | 00000004 | B31 | COPA | B3107 | Stevens | opinion 2004 | civil v criminal | For COPA (Child Online Protection Act) the civil penalties may well have a chilling effect on small web operators with “borderline” putatively HTM content. The standard of proof is less (51% - a preponderance of the evidence) and the defendant could have enormous legal bills. | 0 | 0 | |||
| 42 | 00000042 | B32 | selfpub | B3201 | B3202 | JWB | dadt 2 9 | authentication | “Self-publishing doesn’t count.” Self-publishing does not have the supervision and outside editing necessary to give the product credibility for the consumer. There is more credibility, and even better security and better protection of the public in sensitive content areas, if the author does not use his own money to publish commercially and some kind of “Chinese Wall” is followed. Authorship and publication, if for eventual commercial gain, should always fund from separate and independent sources. | 0 | 0 | |||
| 43 | 00000043 | B32 | selfpub | B3202 | B3201 | JWB | dadt 2 9 | open source | Self-publishing provides valuable content to the public and to the consumer when it would be difficult, at least for a lesser known author, for a trade publisher to justify the investment in the author in economic terms. The author is likely to feel that the ability to do this improves social credibility without giving in to the goals dictated by others. | 0 | 0 | |||
| 44 | 00000044 | B32 | selfpub | B3203 | JWB | leverage lublicity | Self-publishing on the web often involves mentioning others by name. Even if no-robots metatags are used, some search engines would pick these up and index them (at least from static HTML pages). Others may find themselves mentioned on the Net years after sime episode with which they no longer want to be publicly associated. But if the episode is of public significance (such as for public policy decisions) the First Amendment would still favor the speaker. However, it has been acceptable to write books based on personal experiences. For example, a telephone lineman wrote a novel based on the idea of listening in on lines being repaired (to fictitious conversations). | 0 | 0 | |||||
| 45 | 00000045 | B32 | selfpub | B3204 | JWB | pay your dues | Self-publishing on the web often involves mentioning the writings of others as bibliographic references and footnotes or endnotes. This is expected in term papers, dissertations, and scholarly works. However, since web self-publishing is much less regulated or quality-controlled, and much larger in volume, the references might be construed as giving the author a credibility that he or she otherwise has not earned. | 0 | 0 | |||||
| 46 | 00000046 | B32 | selfpub | B3205 | JWB | unauthorized links | If might be possible for web-publishing packages to adopt an icon and a convention for authorizing web linking (either any links authorized, specific sites authorized, no links authorized, or perhaps all unframed links authorized, or maybe all links from non-profit sites). | 0 | 0 | |||||
| 47 | 00000047 | B32 | selfpub | B3206 | JWB | press v speech | A freelance writer was jailed for contempt of court for refusing to turn over notes on a crime. The court held that a freelance writer is not a member of the press and does not enjoy the same immunity or degree of First Amendment protection. | 0 | 0 | |||||
| 48 | 00000048 | B32 | selfpub | B3207 | JWB | conflict of interest | If someone self-publishes his own idea, and works in a salaried professional capacity, then he cannot publicly represent the ideas of his employer at the same time. Therefore a selfpub writer should not have direct reports, give grades, speak for a company, or work for a fraternal company. | 0 | 0 | |||||
| 49 | 00000049 | B32 | selfpub | B3208 | Runaway Jury | jury motivation | A prospective juror who might want to write an article on the trial after it is over should not be selected. | 0 | 0 | |||||
| 50 | 00000050 | B41 | sodomy laws | B4101 | Blackmun | Bowers v Hardwick | left alone | There is a fundamental right to be left alone. There should be a fundamental right (for adults) to make the most intimate choices about intimacy with other consenting adults without government mediation. | 0 | 0 | ||||
| 51 | 00000051 | B41 | sodomy laws | B4102 | White | Bowers v Hardwick | no fundamental right | There is “no such thing as a fundamental right to engage in homosexual sodomy.” Claims to right to privacy must be buttressed in traditional notions of concomitant obligations, like marriage and procreation. .Sodomy laws are needed to enforce social standards and, in the views of some, to protect public health | 0 | 0 | ||||
| 52 | 00000052 | B41 | sodomy laws | B4103 | Kennedy | Lawrence v Texas | autonomy | Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions. | 0 | 0 | ||||
| 53 | 00000053 | C12 | social secur | C1201 | Cato | booklet | Ponzi scheme | Social Security is essentially a Ponzi scheme. Some workers will not recover what they have paid into it. Claims that it is solvent for a long time are based on questionable accounting practices. Workers should have control and responsibility for their own retirement plans, not for those of others. | 0 | 0 | ||||
| 54 | 00000054 | C12 | social secur | C1202 | FDR | New Deal | redistribute wealth | Social Security is just that. It has a tax component, to transfer wealth from those working to those not working, and that is how it started. | 0 | 0 | ||||
| 55 | 00000055 | C12 | social secur | C1203 | Longman | Empty Cradle | Low birth rate | Low birth rate is the problem; relieve people who have kids resp. to pay social security tax | 0 | 0 | ||||
| 56 | 00000056 | B11 | familyvalues | B1104 | Boushka | DADT | filial responsibility | Many people have only blood family to live for and feel cheated by family members who fly the coop | 0 | 0 | ||||
| 57 | 00000057 | B11 | familyvalues | B1105 | Boushka | DADT | filial responsibility | Family might be all there is left if technological civilization is destroyed | 0 | 0 | ||||
| 58 | 00000058 | B11 | familyvalues | B1106 | Boushka | DADT | filial responsibility | Filial respnsibility could be connected to allowing gays to marry, parent, and serve in the military | 1 | 0 | ||||
| 59 | 00000059 | B32 | selfpub | B3209 | Boushka | fcps | fundamental right | In some jobs it is not always a fundamental right to publish one's own views, if they could disrupt the workplace or be viewed as self-incriminating | 0 | 0 | ||||
| 60 | 00000060 | 00000004 | B31 | implicit con | B3110 | Boushka | website | implicit content | immature student may mimic action or feel enticed if author has no apparent reason for posting | 0 | 0 | |||
| 61 | 00000061 | 00000007 | B32 | implicit con | B3210 | Slaytor | Washington Post | professionalism | Employers watch applicants' sites, want them to be professionally managed by 3rd parties, and view amateur sites as conversation | B3211 | 0 | 0 | ||
| 62 | 00000062 | 00000008 | B33 | implicit con | B3211 | Nakashima ad M S | Washington Post | others posts | rumors posted by others on web can ruin job prospects, and bloggers have no legal training as to the defamation they can commit | B3210 | 0 | 0 | ||
| 63 | 00000063 | 00000009 | B12 | elder single | B1205 | Brian Williams | NBC Nightly | Snyderman | elderly singles may not have children to care for them bt may have to care for their own parents | B1204 | 1 | 0 | ||
| 64 | 00000064 | 00000010 | B23 | Gay military | B2304 | B2301 | SLDN | SLDN | Osburn | Gay discharges went down in Iraq war | 0 | 0 | ||
| 65 | 00000065 | 0000 | B12 | eldercare | B1205 | self | Coronoary bypass at 85 supports single payer | 0 | 0 |