Cleverly tucked away in almost each and every “contract” struck by and between the American People and the corporate/banking behemoths dotting the American landscape, is a little-known (or understood) paragraph (or series of paragraphs) entitled “Mandatory Arbitration Clause.”
Normally, 90% of people that enter into an online or corporate contract for services never really read in-depth these boring, verbose, horrifically complex little “legalese” arbitration clauses containing run-on sentences, dry grammar, and silly pronouns, which essentially sign away on these people’s entire livelihoods, bank accounts, real property, money, human rights, civil liberties, constitutional guarantees, or even personal dignity.
And the worst part of all of this is that the only ones who benefit from these “Arbitration Clauses” are the Deep State Oligarchs who literally control, and are in the process of controlling even more, of the entire economic, technological, and financial marketplace, of virtually everything.
While more and more corporate/banking/technological behemoths are steadily moving towards more and more mergers and acquisitions, aided and abetted by an equally corrupt and cronied Federal Trade Commission (“FTC”) run by the same Deep State bastards for the last 30 years, buying one another out, and further consolidating their own money and power at the expense of the American people, they are also increasingly and uniformly inserting a de rigeur arbitration clause demanding that the American masses and consumers that they do business with, forever and absolutely relinquish and give up their right to sue, or seek judicial or court redress for acts that federal case law has now clearly stated includes outright theft, deceit, racial or sexual or religious discrimination, verbal or physical abuse, dishonesty, unfairly targeting anyone based on anything that the corporate/banking CEO hates, and other outrageous and inhumane reasons that the Founding Fathers frankly fought a war with England to get away from.
The slow motion re-capturing of the American people and their property by the global oligarch banks and corporations is occurring right before the eyes of American patriots every single day – without the firing of a single shot.
The slow, painful, clandestine, and surreptitious subversion of the basic human rights, civil liberties, and constitutional protections which used to make the United States of America special, are now rapidly going the way of the extinct “Dodo Bird,” and are now becoming mere quaint and fond memories of an older generation of Americans, who can still remember that they could always sue whenever they were royally screwed over by a corporate/banking entity, in any capacity.
Now, both state and federal judges, upon seeing a “Motion to Compel Arbitration” submitted by a well-heeled, smug Big Law Corporate Attorney with really nice shoes and a $5000 suit, will noticeably shift uncomfortably in his seat (if he is honest) even when he is confronted with a Complaint from a litigant which contains the most awful, mind-shattering, specific, backed by evidence, horrific, unethical, illegal, and human rights violating acts by that corporate/banking entity or its employees, because that judge knows fully well, that there is absolutey no escape from that arbitration clause, and he must dismiss that case without bringing those perpetrators to justice, or letting a hearing continue, or even bringing them and their acts to light with Discovery, because he could literally lose his job as a judge, or be sanctioned/ disciplined if he doesn’t.
The Arbitration Tribunal where the injured complainant is inevitably shunted into, like a horse waiting to be shot, is invariably staffed by corporate/banking cronies of those criminal oligarchs who run those offending companies, and they all play golf or drink at the same country clubs together, and are more “in bed” with one another, than anyone truly realizes.
To add insult to injury, the aggrieved litigant must literally pay through the nose to take part in said “arbitration,” often going bankrupt in the process, only to literally get reamed out even further by that offending company’s buddies on the arbitration panel.
This is truly the most sickening part of all of this, and desperately needs attention by the United States Congress and Senate to change/amend the laws governing Mandatory Arbitration Clauses, but judging by the recent Republican gutting of the Consumer Financial Protection Bureau (“CFPB”) recently a few weeks ago, and the oligarch/plutocrat stranglehold on the banking/corporate entities in America (and the globe), this legislative investigation, review, amendment, and desperately needed change is not likely to happen, anytime soon.
In fact, it is more likely to get worse, until the American People are all truly back as Colonial subjects of England, where “peasants” were thrown into the “stocks” if they so much as “offended” the Queen, or her noblemen and favored “subjects.”
The situation in the judiciary with these Mandatory Arbitration Clauses is truly dire, and cries out for intervention, urgently, and immediately, by the United States Congress and Senate.
In Praise of the Lioness of Law: Ruth Bader Ginsburg and her Jurisprudence
The death of the US Supreme Court Judge Ruth Bader Ginsburg has created an abyss in the court for the liberal voice where justice Ginsburg was seen as the linchpin of the liberal block of the Supreme Court at a time when that block was shrinking. Especially late judge had vociferously advocated for women ‘rights, environmental issues and often came up with unique dissents in delivering her judgements which were propelled by her jurisprudence which embodied the solemn ideal in American legal system “Equal Protection under the Law “. She was on a quest to defend the delicate balance between honoring the timelessness of American Constitution and recognizing the depth of its enduring principles in new centuries and under new circumstances.
She grew up in an era where men held the helm in every aspect of social life and especially the legal profession was utterly dominated by men. Recalling her legal studies at Harvard law school in the 50’s judge Ginsburg had stated later how she was once asked by the Dean of Harvard law school to justify her position as a law student that otherwise would have gone to a man. Yet she had the spunk to overcome all the obstacles stood on her way and excelled as a scholar becoming the first female member of the Harvard Law Review.
In tracing her legal career that it becomes a salient fact, Judge Ginsburg marked her name in American legal history even decades before she joined the bench. While at the American Civil Liberties Union in the early seventies she made an upheaval in American in legal system in famous Supreme Court Case Reed Vs Reed. In Reed Vs Reed the brief drafted by Ginsburg provided an astute analysis on the 14th Amendment to the US Constitution, the Equal Protection Clause. Ginsburg’s brief changed the aged long practice existed in the State of Idaho on favoring men over women in estate battles by paving the path for a discourse on gender equality rights in the USA.
Judge Ginsburg’s appointment to the Supreme Court in 1994 during Clinton administration marked the dawn of new jurisprudential chapter in the US Supreme Court. Two terms later, in the United States v. Virginia (VMI), Justice Ginsburg applied her lucid perspective to a sharply disputed constitutional claim. The United States challenged Virginia’s practice of admitting only men to its prestigious military college, the Virginia Military Institute. Writing for six Justices, Ginsburg held this policy unconstitutional under the Equal Protection Clause. In reaching this result, Ginsburg adroitly cut away potentially confounding issues about women’s participation in the military or the advantages of single-sex education.
Her robust activism in securing gender equality often attracted the admirations of the feminist scholars and activists, but it should be noted that her contribution was not only confined to the protection of gender equality. She was a robust critique of racial dissemination which still pervades in American society and she frequently pointed out how racial discrimination has marred the constitutional protections guaranteed to every citizen. Especially in the case of Gratz Vs Bollitnger, she stressed on the commitment that the state ought to fulfil by eliminating the racial biases existing employment and education. Moreover, disabled citizens. In Olmstead v. Zimring, she held that “unjustified institutional isolation of persons with disabilities is a form of discrimination” violating the Americans with Disabilities Act.45 She elaborated a two-fold concept of discrimination, noting that unneeded institutionalization both “perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life”.
In remembering the mortal departure of this prudent judge that one cannot forget her keenness in incorporating international law into her judgements regardless of the disinclination shown by conservative judges like Antony Scalia. Going beyond the mere textualism approach to the law, Ginsburg’s jurisprudence was much more akin to using international law to make substantive decisions. For instance, in her concurring verdict in Grutter Vs Bollinger, Justice Ginsburg relied upon international human rights law, and in particular upon two United Nations conventions, to support her conclusions.
Indeed, the demise of Ruth Ginsburg is a major blow for the liberalists in the USA, especially in an era where liberalist values are at stake under the fervent rise of populist waves propounded by Donald Trump. Especially late judge had been one of the harsh critics of Trump even before ascendency to the Oval office. The void created by the demise of judge Ginsburg might change the role the US Supreme Court if the successor to her position would take a more conservative approach and it will fortify the conservative bloc in the US Supreme Court. Trump has already placed Justices Neil Gorsuch and Brett Kavanaugh and the third pick would more deeply entrench the conservative views in the US Supreme Court, which would inevitably undermine the progressive policies taken during Obama’s administration towards issues such as the environment. The political storm appeared after the death of the late judge has already created a tense situation in US politics as president Trump is determined to appoint a judge to fill before the presidential election in November.
The Politics of (In)security in Mexico: Between Narcissism and Political Failure
Security cannot be that easily separated from the political realm. The need for security is the prime reason why people come together to collectively form a state. Providing security is, therefore, one of the most basic functions of the state as a political and collective entity.
Last Friday, the Mexican president, Andrés Manuel López Obrador (AMLO) laughed during his daily morning press briefings over a national newspaper headline about 45 massacres during his presidency. This attitude summarises in a macabre way his approach to insecurity: it is not his top priority. This is not the first time that AMLO has showed some serious and deeply disturbing lack of empathy for victims of crimes. Before taking office, he knew that insecurity was one of Mexico’s biggest challenges, and he has come to realise that curbing it down will not be as simple as he predicted during his presidential campaign.
Since the start of the War on Drugs in 2006, Mexico has sunk into a deep and ever-growing spiral of violence and vigilantism as a result of the erosion of the capacity of the state to provide safety to citizens. Vigilantism is when citizens decide to take the law into their own hands in order to fill the vacuum left by the state, or to pursue their own very particular interests. Guerrero, Michoacán, Morelos, Tabasco, Tamaulipas and Veracruz have over 50 vigilante organisations that pose substantial danger to the power of the state.
Vigilantism is not the only factor exacerbating the security crisis in Mexico: since 2006, young people have also started to join drug cartels and other criminal organisations. There are important sectors of the population who feel that the state has failed to represent them. They also feel betrayed because the state has not been able to provide them with the necessary means to better themselves. These frustrations make them vulnerable to the indoctrination of organised crime gangs who promise to give them some sort of ideological direction and solution to their problems.
As a result, it is not enough to carry out a kingpin arrest strategy and to preach on the moral duties we have as citizens as well as on human dignity. People need to be given enough means to find alternative livelihoods that are attractive enough to take them out of organised crime, Mexico can draw some important lessons from Sierra Leone who successfully demobilised and resettled ex-combatants after the armed conflict. Vigilantism, recruitment by organised crime, and insecurity have also flourished because of a lack of deterrence. The judicial system is weak and highly ineffective. A large proportion of the population does not trust the police, or the institutions in charge of the rule of law.
A long-term strategy requires linking security with politics. It needs to address not only the consequences but also the roots of unemployment and deep inequality. However, doing so requires decisive actions to root out widespread and vicious corruption. Corruption allows concentration of wealth and also prevents people from being held accountable. This perpetuates the circle of insecurity. Mexico has been slowly moving towards a borderline failed state. The current government is starting to lose legitimacy and the fragility of the state is further perpetuated by the undemocratic, and predatory governance of the current administration.
Creating a safer Mexico requires a strong, coherent, and stable leadership, AMLO’s administration is far from it. His popularity has consistently fallen as a result of his ineffective policies to tackle the pandemic, worsening insecurity, and the economic crisis. Mexico has reached over 72,000 Covid-19 deaths; during his initial 20 months as incumbent president, there has been 53,628 murders, among them 1800 children or teenagers, and 5888 women (11 women killed per day) This criminality rate is double than what it was during the same period in the presidency of Felipe Calderón (2006-2012); and 55% higher than with the last president, Enrique Peña Nieto (2012-2018). Mexico is also experiencing its worst economic recession in 90 years.
Insecurity remains as the issue of most concern among Mexicans, seeing the president laughing about it, can only fill citizens with yet more despair and lack of trusts in the government and its institutions. AMLO’s catastrophic performance is not surprising, though. Much of his failures and shortcomings can be explained by both ideology and a narcissistic personality. Having someone with both of those traits ruling a country under normal, peaceful times is already dangerous enough, add an economic crisis and a pandemic to the mix and the result is utter chaos.
AMLO embodies the prototypical narcissist: he has a grandiose self-image; an inflated ego; a constant need for admiration; and intolerance to criticism. He, like many other narcissists, thinks about himself too much and too often, making him incapable of considering the wellbeing of other and unable to pursue the public interest. He has a scapegoat ready to blame for his failures and mistakes: previous administrations, conservatives, neoliberalism, academics, writers, intellectuals, reporters, scientists, you name it, the list is long and keeps getting longer.
AMLO keeps contradicting himself and he does not realise it. He has been claiming for months that the pandemic is under control: it is not. He declares Mexico is ready to face the pandemic and we have enough tests and medical equipment: we do not. He says Mexico is on its way to economic recovery: it is not. He states corruption is a thing of the past: it is not. He says Mexico is now safer than ever before: it is not. When told the opposite he shrugs criticism off and laughs, the behaviour of a typical narcissist.
AMLO, alike narcissists, due to his inability to face criticism, has never cared about surrounding himself by the best and brightest. He chose a bunch of flunkies as members of his cabinet who try to please and not humiliate their leader. A further trait of narcissistic personalities is that they love conflict and division as this keeps them under control. The more destabilisation and antagonism, the better. AMLO since the start of his presidency has been setting states against states for resources and for pandemic responses, instead of coordinating a national response. He is also vindictive: playing favourites with those governors who follow him and punishing those that oppose him.
Deep down, narcissistic leaders are weak. AMLO is genuinely afraid to lead. He simply cannot bring himself to make decisions that are solely his. This is why he has relied on public referendums and consultations to cancel projects or advance legislation. He will not take any responsibility if something goes wrong: It was not him who decided, it was the people, blame them. He inherited a broken system that cannot be fixed during his term, blame the previous administrations, not him.
AMLO is a prime example of a textbook narcissist, unfortunately he is not the only one: Donald Trump, Boris Johnson, Recep Erdogan, Rodrigo Duterte are only a few more examples of what seems to be a normalised behaviour in contemporary politics. Every aspect of AMLO’s and other leaders presidencies have been heavily marked by their psychopathology. Narcissism, however, does not allow proper and realistic self-assessment, self-criticism, and self-appreciation therefore such leaders will simply ignore the red flags in their administration and have no clue how despicably and disgracefully they will be remembered.
Minor Successes And The Coronavirus Disaster: Is Trump A Dead Duck?
That reminder from the Bible, ‘He who is without sin, let him cast the first stone’ may give us pause — but not journalists who by all appearances assume exemption. And the stones certainly bruise.
Evidence for the bruises lies in the latest poll numbers. Overall, Joe Biden leads Donald Trump 50 to 43 percent, a margin that has continued to increase since January. It is also considerably wider than the few points lead Hillary Clinton had over Trump four years ago. It gets worse for Trump.
In the industrial states of Michigan and Pennsylvania, which Trump in 2016 won by razor thin margins, he is losing by over 4 percent. Also key to his victory was Wisconsin where, despite his success in getting dairy products into Canada, he is behind by a substantial 7 percent. Key states Ohio and Florida are also going for the Democrats.
Trump was not doing so badly until the coronavirus struck and during the course of his news conferences he displayed an uncaring persona larded with incompetence. Dr. Anthony Fauci, the man he fired for correcting Trumpian exaggerations became a hero and Trump the bully.
If that bullying nature won him small rewards with allies, he hit an impasse with China and Iran … while bringing the two closer to each other. Then there is the border wall, a sore point for our southern neighbor Mexico. President Lopez Obrador made sure the subject never came up at the July meeting with Trump, Thus Mexico is not paying for it so far and will not be in the foreseeable future.
The United Arab Emirates, a conglomeration of what used to be the Trucial States under British hegemony. have agreed to formalize its already fairly close relations with Israel. In return, Israel has postponed plans to annex the West Bank. Whether or not it is in Israel’s long term interest to do so is a debatable question because it provides much more powerful ammunition to its critics who already accuse it of becoming an apartheid regime. However, it had become Prime Minister Netanyahu’s sop to the right wing who will have to wait. Of course, the reality is that Israel is already the de facto ruler.
If Mr. Trump was crowing about the agreement signed on September 15, although it is akin to someone signing an agreement with Puerto Rico while the United States remains aloof. As a postscript, the little island of Bahrain also signed a peace deal with Israel. Bahrain has had its own problems in that a Sunni sheikh rules a Shia populace. When the Shia had had enough, Saudi and UAE troops were used to end the rebellion. Bahrain is thus indebted to the UAE.
How many among voters will know the real value of these historic (according to Trump) deals particularly when he starts twittering his accomplishments as the election nears?
There things stand. As they say, there is nothing worse than peaking too early. Bettors are still favoring Trump with their money. The longer anyone has been in politics the more there is to mine, and for an opponent to use to his/her advantage. Time it seems is on Trump’s side.
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