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	<title>OpenMarket.org &#187; Nanny State</title>
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	<link>http://www.openmarket.org</link>
	<description>The Competitive Enterprise Institute Blog</description>
	<pubDate>Mon, 12 May 2008 10:21:39 +0000</pubDate>
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		<title>Abrogating Peter&#8217;s Contract to Pay Paul &#8212; Mortgage Bailout&#8217;s Billion-Dollar Hit to Retirement Savings</title>
		<link>http://www.openmarket.org/2008/05/05/abrogating-peters-contract-to-pay-paul-mortgage-bailouts-billion-dollar-hit-to-retirement-savings/</link>
		<comments>http://www.openmarket.org/2008/05/05/abrogating-peters-contract-to-pay-paul-mortgage-bailouts-billion-dollar-hit-to-retirement-savings/#comments</comments>
		<pubDate>Mon, 05 May 2008 15:28:55 +0000</pubDate>
		<dc:creator>John Berlau</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Economic Liberty]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Politics as Usual]]></category>

		<category><![CDATA[Precaution &amp; Risk]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/?p=3236</guid>
		<description><![CDATA[Many commentators, such as Open Market&#8217;s Hans Bader, have done a diligent job tracking the costs to taxpayers of the mortgage bailout scheduled to be voted on this week. The Congressional Budget Office just came out with an estimate of $2.7 billion for H.R. 5830, the so-called FHA Houshing Stabilization and Homeownership Retention Act of [...]]]></description>
			<content:encoded><![CDATA[<p>Many commentators, such as Open Market&#8217;s Hans Bader, have done a diligent job tracking the costs to taxpayers of the mortgage bailout scheduled to be voted on this week. The Congressional Budget Office just came out with an estimate of $2.7 billion for H.R. 5830, the so-called FHA Houshing Stabilization and Homeownership Retention Act of 2008.</p>
<p>But there could be an even greater cost from the bill to millions of middle-class investors saving for their retirement or the education of their children. The bill has the Federal Housing Administration guarantee the refinancing of a mortgage in return from a &#8220;haircut&#8221; from the owners of the loan. The bill requires loans to be guranteed at no more than 90 percent of the value, meaning a 10 percent loss for investors. But this haircut will &#8220;shave&#8221; billions of dollars off from funds saved for retirement or education.</p>
<p>This bill not only &#8220;robs Peter to Pay Paul,&#8221; through taxpayers bailout of bad loans by banks and borrowers. It can also be said to &#8220;abrogate Paul&#8217;s contract to Peter.&#8221; This is because many of the mortgages often aren&#8217;t owned by the banks that service them, but frequently by millions of middle class investors through their interests in entitities that have mortgage-backed securities (MBS). </p>
<p>Many middle-class folks who have 401(k) accounts, mutual funds, money market funds or defined-benefit pensions are indirect holders of MBS. In fact, according to investment bank Credit Suisse, 14 percent of MBS are owned by pensions and mutual funds that serve middle-class savers.</p>
<p>So, let&#8217;s do some math. The bill authorizes the FHA to guarantee up to $300 billion in mortgages. With the 10 percent haircut, the loans were originally worth $333 billion. So $33 billion represents the potential lost savings by the private sector. Now assume a random 14 percent of the loans in this program represent those owned by pensions and mutual funds. 14 percent of $33 billion is $4.6 billion. </p>
<p>The bottom line is that middle-class savers and investors could be left with almost $5 billion less for retirement and education of their children. Another compelling reason this bailout is not worth the cost.</p>
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		<title>Want a Burger in New Jersey?  Pay Up!</title>
		<link>http://www.openmarket.org/2008/05/02/want-a-burger-in-new-jersey-pay-up/</link>
		<comments>http://www.openmarket.org/2008/05/02/want-a-burger-in-new-jersey-pay-up/#comments</comments>
		<pubDate>Fri, 02 May 2008 10:26:08 +0000</pubDate>
		<dc:creator>Doug Bandow</dc:creator>
		
		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/?p=3223</guid>
		<description><![CDATA[Politicians are always looking for the easy source of money.  New Jersey legislators hoping to pay for health care want to tax fast food.  Reports WCBS TV:
The sputtering economy has caused an increase in prices of many staples including gasoline, rice, ice cream, even beer. Now some lawmakers in New Jersey are considering taking food [...]]]></description>
			<content:encoded><![CDATA[<p>Politicians are always looking for the easy source of money.  New Jersey legislators hoping to pay for health care want to tax fast food.  <a href="http://wcbstv.com/local/fast.food.tax.2.712510.html">Reports WCBS TV</a>:</p>
<blockquote><p>The sputtering economy has caused an increase in prices of many staples including gasoline, rice, ice cream, even beer. Now some lawmakers in New Jersey are considering taking food taxes a step further and install a proverbial &#8220;sin&#8221; tax on fast food.</p>
<p>Yes, the idea of marking up your favorite fast food burger or pack of fries is actually being tossed around, and it&#8217;s not settling well with many residents.</p>
<p>&#8220;They&#8217;re taxing everything. Now you&#8217;re gonna tax fast food? That&#8217;s crazy,&#8221; said Newark resident Miriam Robertson.</p></blockquote>
<p>This proposal shows how government naturally begets government.  Provide health care, so every unhealthy private action suddenly becomes a matter of public concern.  Money must be raised, creating an opportunity punish the irresponsible.  Taxation naturally becomes social engineering.</p>
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		<title>Michigan Social Workers Seize Child Who Inadvertently Drank</title>
		<link>http://www.openmarket.org/2008/04/30/michigan-social-workers-seize-child-who-inadvertently-drank/</link>
		<comments>http://www.openmarket.org/2008/04/30/michigan-social-workers-seize-child-who-inadvertently-drank/#comments</comments>
		<pubDate>Wed, 30 Apr 2008 15:48:13 +0000</pubDate>
		<dc:creator>Hans Bader</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<category><![CDATA[Precaution &amp; Risk]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/?p=3213</guid>
		<description><![CDATA[Michigan CPS workers seized a 7-year-old who drank lemonade that his father purchased for him without knowing that it contained a small amount of alcohol.  (As Ted Frank notes, when CPS seized the child, he had no alcohol in his system).  They put him in foster care for two days and refused to release him to his aunts.  Then they released him to [...]]]></description>
			<content:encoded><![CDATA[<p>Michigan CPS workers <a href="http://www.overlawyered.com/2008/04/hard-lemonade-hard-price.html">seized a 7-year-old who drank lemonade that his father purchased for him without knowing that it contained a small amount of alcohol</a>.  (As Ted Frank notes, when CPS seized the child, he had no alcohol in his system).  They put him in foster care for two days and refused to release him to his aunts.  Then they released him to his mother on the condition that his father, an archaeology professor, move out of the house until a full court hearing could be held.  After that later hearing, the father, found not guilty of child abuse, was finally allowed to move back into his own house.  If the professor &#8220;and his wife weren&#8217;t upper-middle-class academics with access to the University of Michigan Law School clinic professors, it could have been much worse. &#8216;Don Duquette, a U-M law professor who directs the university&#8217;s Child Advocacy Law Clinic, represented Ratte and his wife. He notes sardonically that the most remarkable thing about the couple&#8217;s case may be the relative speed with which they were reunited with Leo.&#8217;&#8221;</p>
<p>CPS workers have an <a href="http://www.openmarket.org/2007/06/15/social-workers-seize-children-to-receive-adoption-bonuses/">incentive to seize children</a>, since the federal government gives states <a href="http://www.openmarket.org/2007/09/05/more-british-government-baby-stealing/">incentives for seizing and adopting out children</a>, and CPS workers are more likely to be <a href="http://www.overlawyered.com/2008/01/dc-to-fire-six-childwelfare-wo.html">fired for failing to prevent child abuse</a> than for wrongly seizing children, even if the seizure itself <a href="http://www.pointoflaw.com/archives/2008/02/xxx-government-child-snatching.php">causes the child devastating psychological harm</a>.</p>
<p>I wrote earlier about how temporary seizures of infants based on erroneous accusations later found to be false can become permanent, when <a href="http://www.openmarket.org/2008/04/18/legalized-child-stealing-in-arlington-county-virginia/">courts rule that the infant has become attached to her foster family and thus should not be returned even if the alleged abuse that led to the seizure did not actually occur</a>.   I also discussed the <a href="http://www.openmarket.org/2008/04/23/throwing-the-baby-out-with-the-bathwater/">violation of due process involved in the mass seizures of children</a> in the strange FLDS religious sect, hundreds of whom were seized based on a single, anonymous, allegation of abuse by a caller pretending to be a teenager in the sect, and who continue to be held without any hearing on whether they individually are endangered (although the removal of some of the children might well be warranted if it occurred after a full judicial hearing).</p>
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		<item>
		<title>Ban the Smokes, Kill the Smokers</title>
		<link>http://www.openmarket.org/2008/04/30/ban-the-smokes-kill-the-smokers/</link>
		<comments>http://www.openmarket.org/2008/04/30/ban-the-smokes-kill-the-smokers/#comments</comments>
		<pubDate>Wed, 30 Apr 2008 08:47:38 +0000</pubDate>
		<dc:creator>Doug Bandow</dc:creator>
		
		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/?p=3212</guid>
		<description><![CDATA[The unintended consequences of government are wonderful to behold.  Impose a minimum wage and put poor, ill-educated teens out of work.  Raise auto fuel-economy requirements, and kill more people in accidents as they travel in smaller cars.  Ban cigarette smoking in local bars and restaurants, and cause more drunk driving accidents as smokers drive further to find [...]]]></description>
			<content:encoded><![CDATA[<p>The unintended consequences of government are wonderful to behold.  Impose a minimum wage and put poor, ill-educated teens out of work.  Raise auto fuel-economy requirements, and kill more people in accidents as they travel in smaller cars.  Ban cigarette smoking in local bars and restaurants, and cause more drunk driving accidents as smokers drive further to find more congenial locales.</p>
<p><a href="http://www.economist.com/world/na/displaystory.cfm?story_id=10966152">Reports the <em>Economist</em>:</a></p>
<blockquote><p>The problem with this, say Scott Adams and Chad Cotti, economists at the University of Wisconsin-Milwaukee, is that smoking bans seem to have been followed by an increase in drunk-driving and in fatal accidents involving alcohol. In research published in the Journal of Public Economics, the authors find evidence that smokers are driving farther to places where smoking in bars is allowed.</p>
<p>The researchers analysed data from 120 American counties, 20 of which had banned smoking. They found a smoking ban increased fatal alcohol-related car accidents by 13% in a typical county containing 680,000 people. This is the equivalent of 2.5 fatal accidents (equivalent to approximately six deaths). Furthermore, drunk-driving smokers have not changed their ways over time. In areas where the ban has been in place for longer than 18 months, the increased accident rate is 19%.</p>
<p>The findings, say the pair, are consistent with the suggestion that smokers are driving farther to alternative places to drink. This may be because they are driving to bars with outdoor seating, or to bars which are not enforcing the smoking ban.</p>
<p>Another explanation is that some smokers are “jurisdiction shopping” to places where they may puff. Accident rates can be especially high where border-hopping to still-smoky bars is possible. Accidents in Delaware county in Pennsylvania increased by 26% after the next-door state of Delaware introduced a smoking ban in 2002. Similarly, when Boulder county banned smoking, fatal accidents in Jefferson county, between Boulder county and Denver, went up by 40%. How this weighs up against the long-term health effects of smoking bans is unclear. But it serves as a warning to well-meaning legislators.</p></blockquote>
<p>Makes you wonder what government is going to do for an encore!<br />
 </p>
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		<item>
		<title>Throwing the Baby Out With the Bathwater</title>
		<link>http://www.openmarket.org/2008/04/23/throwing-the-baby-out-with-the-bathwater/</link>
		<comments>http://www.openmarket.org/2008/04/23/throwing-the-baby-out-with-the-bathwater/#comments</comments>
		<pubDate>Wed, 23 Apr 2008 18:46:20 +0000</pubDate>
		<dc:creator>Hans Bader</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<category><![CDATA[Precaution &amp; Risk]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/23/throwing-the-baby-out-with-the-bathwater/</guid>
		<description><![CDATA[George Mason University Law Professor David Bernstein has a thought-provoking post on the seizure of hundreds of children, including nursing infants, from their mothers, who belong to a strange polygamist sect (FLDS).  At the end of the day, the sect&#8217;s disturbing practices (such as allegedly conditioning adolescents to accept underage polygamous marriages) may well warrant removal [...]]]></description>
			<content:encoded><![CDATA[<p>George Mason University Law Professor David Bernstein has a <a href="http://volokh.com/posts/1208964908.shtml">thought-provoking post</a> on the seizure of hundreds of children, including nursing infants, from their mothers, who belong to a strange polygamist sect (FLDS).  At the end of the day, the sect&#8217;s disturbing practices (such as allegedly conditioning adolescents to accept underage polygamous marriages) may well warrant removal of many of the children from their parents&#8217; custody, but the decision by Judge Barbara Walther allowing the immediate seizure of all the children, regardless of age, prior to a full judicial hearing (based on a single, anonymous, apparently false allegation of abuse), and absent an imminent threat to their health, seems indefensible and in violation of due process and the children&#8217;s constitutional rights.</p>
<p>Taking an infant away from its mother can be very damaging to the infant.  (For example, my daughter, a very finicky eater, will not let anybody other than my wife or me feed her, and she usually only lets me feed her if it&#8217;s early in the morning.  We have to work diligently to get her to eat enough).  That&#8217;s especially true for nursing infants.</p>
<p>Being placed in foster care can be cause <a href="http://www.pointoflaw.com/archives/2008/02/presumed-guilty-of-child-abuse.php">devastating psychological harm to a young child</a>, as Judge Kleinfeld noted in <em>Doe v. Lebbos.</em></p>
<p>Moreover, erroneous child abuse charges can have legally permanent, irrevocable consequences that devastate a family.  In Arlington County, Virginia, <a href="http://www.openmarket.org/2008/04/18/legalized-child-stealing-in-arlington-county-virginia/">parents proved themselves innocent of a false, anonymous charge that they were starving their child (who was actually at her proper weight when CPS workers snatched her), but the judge later refused to return the child to them, permanently cutting off their parental rights based heavily on his conclusion that the child &#8212; seized as a newborn &#8212; had developed a bond with her foster parents as a result of being snatched</a>.  (That ruling is on appeal).</p>
<p>Federal law provides <a href="http://www.openmarket.org/2007/06/15/social-workers-seize-children-to-receive-adoption-bonuses/">financial incentives</a> for CPS agencies to seize and adopt out children, which may lead to overzealous <a href="http://www.openmarket.org/2007/09/05/more-british-government-baby-stealing/">child-snatching</a>.</p>
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		<title>EU Defends Against the Bagpipe Menace</title>
		<link>http://www.openmarket.org/2008/04/21/eu-defends-against-the-bagpipe-menace/</link>
		<comments>http://www.openmarket.org/2008/04/21/eu-defends-against-the-bagpipe-menace/#comments</comments>
		<pubDate>Mon, 21 Apr 2008 11:16:01 +0000</pubDate>
		<dc:creator>Doug Bandow</dc:creator>
		
		<category><![CDATA[Economic Liberty]]></category>

		<category><![CDATA[International]]></category>

		<category><![CDATA[Nanny State]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/21/eu-defends-against-the-bagpipe-menace/</guid>
		<description><![CDATA[The European Union finally is doing something useful.  It is defending people against noisy bagpipes.
Reports the Sunday Times:
THEIR high-pitched skirl has put fear into the hearts of Scotland’s enemies and sent sensitive tourists reaching for the cotton wool.
Now, however, the bagpipes are to be quietened by an edict from Brussels.
From this month, pipers must adhere [...]]]></description>
			<content:encoded><![CDATA[<p>The European Union finally is doing something useful.  It is defending people against noisy bagpipes.</p>
<p><a href="http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article3779828.ece">Reports the <em>Sunday Times</em>:</a></p>
<blockquote><p>THEIR high-pitched skirl has put fear into the hearts of Scotland’s enemies and sent sensitive tourists reaching for the cotton wool.</p>
<p>Now, however, the bagpipes are to be quietened by an edict from Brussels.</p>
<p>From this month, pipers must adhere to strict volume limits or risk breaking European Union health and safety laws. Bands have been ordered to tone down or wear earplugs to limit noise exposure to 85 decibels.</p>
<p>Typically, a pipe band played at full volume peaks at 122 decibels outdoors, noisier than the sound of either a nightclub or a chainsaw, which rises to 116 decibels.</p>
<p><!--#include file="m63-article-related-attachements.html"-->The prospect of more subdued bagpipes will be welcomed by some, but musicians have warned performances will suffer.</p>
<p>Pipe majors claim it is virtually impossible to play quietly or to tune a band when the musicians are wearing earplugs, raising the prospect of a cacophony at showcase events such as the Edinburgh military tattoo.</p>
<p>The rules in effect limit practice without earplugs to about 15 minutes a day.</p>
<p>While piping schools have begun issuing students with hearing protectors, pipe majors are preparing to make a stand.</p>
<p>Ian Hughes, head of the RAF Leuchars band at an airbase in Fife, claimed the new legislation in effect outlawed bagpipe playing for the first time in more than 250 years.</p>
<p>The last time was after the Jacobite rising of 1745 and the defeat of Bonnie Prince Charlie’s clansmen at the battle of Culloden.</p></blockquote>
<p>How did Europe survive the bagpipers over the last three centuries without the EU&#8217;s regulatory assistance?</p>
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		<title>Legalized Child-Stealing in Arlington County, Virginia</title>
		<link>http://www.openmarket.org/2008/04/18/legalized-child-stealing-in-arlington-county-virginia/</link>
		<comments>http://www.openmarket.org/2008/04/18/legalized-child-stealing-in-arlington-county-virginia/#comments</comments>
		<pubDate>Fri, 18 Apr 2008 22:01:46 +0000</pubDate>
		<dc:creator>Hans Bader</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<category><![CDATA[Precaution &amp; Risk]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/18/legalized-child-stealing-in-arlington-county-virginia/</guid>
		<description><![CDATA[The Washington Examiner has a must-read editorial called “Baby Snatching by Arlington County.”
It shows that if County social workers seize your baby, based on false allegations of neglect, and put your baby in foster care long enough, you might never get your child back, even if you prove yourself innocent, because the courts will say it&#8217;s in “the [...]]]></description>
			<content:encoded><![CDATA[<p>The Washington Examiner has a must-read editorial called “<a href="//www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">Baby Snatching by </a><a href="//www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">Arlington </a><a href="//www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">County</a>.”</p>
<p>It shows that if County social workers seize your baby, based on false allegations of neglect, and put your baby in foster care long enough, you might never get your child back, even if you prove yourself innocent, because the courts will say it&#8217;s in “the best interests of the child” that your baby stay with the foster parents he&#8217;s gotten used to living with.  (Taking that logic to its ultimate conclusion, a kidnapper who kidnapped a newborn from a hospital and then escaped prosecution on a technicality could keep the child, because the child would have bonded with the kidnapper by the time the kidnapper was apprehended).</p>
<p>That’s the gist of a <a href="//www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">recent Arlington, Virginia circuit court decision described in today’s Washington Examiner</a>. County social workers took a baby away from her parents based largely on <a href="//www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">false, anonymous allegations</a> that she was being starved, even though she was at her proper weight at the time they seized her from her parents.  And although those allegations were later ruled false by a CPS hearing officer, the judge permanently removed her from her parents anyway, claiming she had bonded with her new foster parents and thus might be traumatized if she were returned.  (He also cited evidence that her natural parents were not model parents, but that is not the test for terminating parental rights under the Supreme Court&#8217;s decision in <em><a href="http://www.law.cornell.edu/supct/html/historics/USSC_CR_0455_0745_ZS.html">Santosky v. Kramer</a></em>, 455 U.S. 745 (1982).  If it were, millions of healthy children could be removed from their families by social workers).  Parents Nancy Hey and Christopher Slitor spent a <a href="http://www.examiner.com/a-1347693~Baby_snatching_by_Arlington_County.html">staggering $350,000 in legal bills</a> in their losing fight for their child.</p>
<p>I personally am worried about this court decision, even though I and my family have never been accused of child neglect or abuse, because my wife, at the suggestion of our pediatrician, called Arlington County social workers because our baby is extremely difficult to feed, and they then visited our house earlier this year.  (Our baby Sarah is 70th percentile in height and skull size, but only 10th percentile in weight).  I thought nothing of this visit at the time, since our baby is lively and healthy and has never been neglected or abused, and my wife is a good mother (who conscientiously cared for many children as a nanny, and helped raise her own nephew).  </p>
<p>Although the circuit court decision is apparently justified by the so-called &#8220;best interest of the child,” its long run effect is to harm children by discouraging even fit, non-abusive parents from seeking advice or information from doctors or social workers when their children have behaviors or injuries that might sometimes be associated with parental abuse or neglect.  Good parents will now worry about talking to doctors (who are required by state laws to report any possibility of abuse or neglect to social workers) or social workers lest it lead to unwarranted (and unreversible) seizures of a child by social workers. </p>
<p>Parents already have to worry that if they take their child to the doctor, and reasonably disagree with the doctor&#8217;s preferred treatment, overzealous social workers will temporarily seize their child.  That&#8217;s what happened to Corissa Mueller, who took her baby daughter Taige to the doctor because the baby had a high temperature, and then had <a href="http://www.cir-usa.org/cases/mueller_v_idaho.html">social workers temporarily seize the child after she rejected the doctor&#8217;s preferred treatment (a spinal tap</a>) in favor of a reasonable alternative she felt posed fewer health risks.  (The Center for Individual Rights, my former law firm, is representing Mueller in a constitutional lawsuit against Idaho state social worker April Auker for her role in the seizure in <em><a href="http://www.cir-usa.org/cases/mueller_v_idaho.html">Mueller v. Idaho</a></em>.  A federal judge in Idaho refused to dismiss the lawsuit, citing a 1999 ruling in favor of parental rights by the federal appeals court in that region, the Ninth Circuit.)  Since conditions in foster care are often bad, <a href="http://www.pointoflaw.com/archives/2008/02/xxx-government-child-snatching.php">even temporary seizures of a child can cause devastating emotional and psychological harm</a>.</p>
<p>The Arlington County court ruling, now on appeal, radically increases the risk to parents of taking an injured, ill, or behaviorally-disordered child to a doctor, by allowing an erroneous temporary seizure of a child based on suspicions of abuse to become permanent merely because of the passage of time, even if the child turns out never to have been neglected or abused.  Arlington County seems to be moving towards the situation in some foreign countries like <a href="http://www.openmarket.org/2007/09/05/more-british-government-baby-stealing/">England, where children are removed permanently from their parents based on the most meager suspicions of abuse</a>, fueled in part by the <a href="http://www.openmarket.org/2007/06/15/social-workers-seize-children-to-receive-adoption-bonuses/">bounties that social workers and local governments receive for seizing children from their parents and then adopting them out</a>.</p>
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		<title>Powerful Sarbanes-Oxley Bureaucrats Challenged in Court</title>
		<link>http://www.openmarket.org/2008/04/17/powerful-sarbanes-oxley-bureaucrats-challenged-in-court/</link>
		<comments>http://www.openmarket.org/2008/04/17/powerful-sarbanes-oxley-bureaucrats-challenged-in-court/#comments</comments>
		<pubDate>Thu, 17 Apr 2008 20:08:11 +0000</pubDate>
		<dc:creator>Hans Bader</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Economic Liberty]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Precaution &amp; Risk]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/17/powerful-sarbanes-oxley-bureaucrats-challenged-in-court/</guid>
		<description><![CDATA[Point of Law reports on an appeals court hearing Tuesday over the constitutionality of the Public Company Accounting Oversight Board.   (The PCAOB, which produces tons of red tape and &#8220;busywork&#8221; for accountants and businesses, is the bureaucratic agency created by the 2002 Sarbanes-Oxley Act, a law that cost the stock market $1.4 trillion in value, and business $35 billion in annual compliance costs, while doing [...]]]></description>
			<content:encoded><![CDATA[<p>Point of Law reports on an appeals court hearing <a href="http://www.pointoflaw.com/archives/2008/04/dc-circuit-argument-over-const.php">Tuesday over the constitutionality of the Public Company Accounting Oversight Board</a>.   (The PCAOB, which produces tons of red tape and &#8220;<a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/04/11/AR2008041103253.html">busywork</a>&#8221; for <a href="http://www.openmarket.org/2008/04/13/mortgage-bailouts-sarbanes-oxley-harm-economy/">accountants</a> and businesses, is the bureaucratic agency created by the 2002 Sarbanes-Oxley Act, a law that <a href="http://cei.org/gencon/003,05133.cfm">cost the stock market $1.4 trillion in value</a>, and business <a href="http://209.85.165.104/search?q=cache:HlTdepYiz2EJ:cei.org/pdf/4873.pdf+Hans+Bader+PCAOB&amp;hl=en&amp;ct=clnk&amp;cd=2&amp;gl=us">$35 billion in annual compliance costs</a>, while <a href="http://controlabuseofpower.org/publications/IBD.htm">doing virtually nothing</a> to <a href="http://www.openmarket.org/2008/03/18/corporate-incompetence-hidden-by-sarbanes-oxley-law/">prevent corporate mismanagement</a>).  Ted Frank, Director of the AEI Legal Center, <a href="http://www.pointoflaw.com/archives/2008/04/dc-circuit-argument-over-const.php">reports</a> that &#8220;the DC Circuit heard arguments appealing the <a href="http://cei.org/pdf/5832.pdf">dismissal</a> of a challenge to the constitutionality of the Public Company Accounting Oversight Board (<a href="http://www.pointoflaw.com/archives/2006/02/constitutionali.php">Feb. 2006</a>), an institution whose members are appointed by the SEC, which would seem to violate the Appointments Clause. . .A panel of Judges Brett Kavanaugh, Judith Rogers, and Janice Rogers Brown expressed substantial skepticism to the PCAOB&#8217;s position, as Michael Carvin argued that the board was a permanent government-like agency with extraordinarily broad and unchecked prosecutorial powers, but outside the power of the president to appoint or remove officials. (Dow Jones Newswires, <a href="http://www.nasdaq.com/aspxcontent/NewsStory.aspx?cpath=20080415%5CACQDJON200804151335DOWJONESDJONLINE000604.htm&amp;selected=9999&amp;selecteddisplaysymbol=9999&amp;mypage=newsheadlines&amp;title=Accounting%20Oversight%20Board%20Case%20Heard%20By%20Appellate%20Court">Apr. 15</a>; <a href="http://cei.org/node/20582">CEI press release</a>). Because of a nonseverability provision in Sarbanes-Oxley, a finding that PCAOB is unconstitutional would strike down the law entirely, but the argument was not reported on by any newspaper—not even the Wall Street Journal.&#8221;  CEI is <a href="http://cei.org/gencon/003,05133.cfm">assisting in the court challenge to the PCAOB</a>, a case known as <em>Free Enterprise Fund v. PCAOB</em>, and earlier explained <a href="http://cei.org/pdf/4873.pdf">how the PCAOB violates the Appointments Clause</a>.</p>
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		<title>Happy Birthday, Junkscience.com</title>
		<link>http://www.openmarket.org/2008/04/01/happy-birthday-junksciencecom/</link>
		<comments>http://www.openmarket.org/2008/04/01/happy-birthday-junksciencecom/#comments</comments>
		<pubDate>Tue, 01 Apr 2008 19:38:53 +0000</pubDate>
		<dc:creator>Richard Morrison</dc:creator>
		
		<category><![CDATA[Global Warming]]></category>

		<category><![CDATA[Nanny State]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/01/happy-birthday-junksciencecom/</guid>
		<description><![CDATA[Congratulations are in order to our friend Steve Milloy, who is celebrating the 12th year of his flagship website, Junkscience.com. Ever since 1996 he&#8217;s been exposing &#8220;All the junk that&#8217;s fit to debunk&#8221; - whether it&#8217;s dire predictions of catastrophic global warming, activist nonsense about childhood vaccines or mega-myths about mega-vitamins, Steve is there to [...]]]></description>
			<content:encoded><![CDATA[<p>Congratulations are in order to our friend Steve Milloy, who is celebrating the 12th year of his flagship website, <a href="http://www.junkscience.com/index.html">Junkscience.com</a>. Ever since 1996 he&#8217;s been exposing &#8220;All the junk that&#8217;s fit to debunk&#8221; - whether it&#8217;s <a href="http://junkscience.com/Greenhouse/Greenhouse_not_a_problem.html">dire predictions of catastrophic global warming</a>, <a href="http://www.junkscience.com/ByTheJunkman/20080110.html">activist nonsense about childhood vaccines</a> or <a href="http://www.junkscience.com/ByTheJunkman/20070301.html">mega-myths about mega-vitamins</a>, Steve is there to set the record straight and our minds at ease.</p>
<p>Since it would be too much to ask that <a href="http://www.junkscience.com/define.html">the disinformation tribe</a> actually disband, we&#8217;ll hope for second best and wish The Junkman another successful twelve years.</p>
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		<title>Bowing to the Multicultural Idol</title>
		<link>http://www.openmarket.org/2008/04/01/bowing-to-the-multicultural-idol/</link>
		<comments>http://www.openmarket.org/2008/04/01/bowing-to-the-multicultural-idol/#comments</comments>
		<pubDate>Tue, 01 Apr 2008 14:46:51 +0000</pubDate>
		<dc:creator>Hans Bader</dc:creator>
		
		<category><![CDATA[Constitutional &amp; Legal]]></category>

		<category><![CDATA[Nanny State]]></category>

		<category><![CDATA[Personal Liberty]]></category>

		<category><![CDATA[Sanctimony]]></category>

		<guid isPermaLink="false">http://www.openmarket.org/2008/04/01/bowing-to-the-multicultural-idol/</guid>
		<description><![CDATA[Maryland legislators are inflicting a moronic new &#8220;diversity&#8221; mandate on Maryland colleges.  
Legislation to force institutions of higher learning in Maryland to create &#8220;cultural diversity&#8221; programs is making its way through the General Assembly with little opposition from lawmakers — who should be defending academic freedom, not crushing it. HB 905, which passed the [...]]]></description>
			<content:encoded><![CDATA[<p>Maryland legislators are <a href="http://www.examiner.com/a-1313160~Maryland_s_diversity_police_trample_basic_freedoms.html">inflicting a moronic new &#8220;diversity&#8221; mandate on Maryland colleges</a>.  </p>
<blockquote><p>Legislation to force institutions of higher learning in Maryland to create &#8220;cultural diversity&#8221; programs is making its way through the General Assembly with little opposition from lawmakers — who should be defending academic freedom, not crushing it. HB 905, which passed the House of Delegates 122-to-9, requires all colleges and universities that receive state aid to submit a yearly report on what they’ve done &#8220;to promote and enhance cultural diversity.&#8221; A companion bill sailed through the state Senate on an equally lopsided 41-6 vote.</p></blockquote>
<p>The Examiner condemns this as an <a href="http://www.openmarket.org/wp-admin/all%20of%20Maryland’s%20institutions%20of%20higher%20learning,%20public%20and%20private,%20will%20be%20forced%20to%20bow%20before%20the%20same%20multicultural%20idol">assault on academic freedom</a>, noting that &#8220;all of Maryland’s institutions of higher learning, public and private, will be forced to bow before the same multicultural idol.&#8221;</p>
<p>The &#8220;diversity&#8221; requirement will probably end up enriching the worst kind of scam artists, the &#8220;diversity consultants&#8221; (like the notorious <a href="http://www.openmarket.org/2007/12/12/glenn-singletons-racism-and-the-arlington-public-schools/">racist and race-baiter Glenn Singleton</a>) who will now be hired by foolish college administrators to &#8220;promote&#8221; diversity.  <a href="http://www.openmarket.org/2007/12/26/diversity-training-backfires/">Diversity training often backfires</a> on the institutions that hire diversity trainers, and sometimes even <a href="http://www.openmarket.org/2007/12/26/diversity-training-backfires/">leads to discrimination and civil-rights lawsuits</a> against those institutions, <a href="http://www.openmarket.org/2007/12/26/diversity-training-backfires/">by both minority and white employees</a>.</p>
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