The Chemical Contamination in West Virginia

January 28, 2014

Before moving to Albany thirty-five years ago, we lived in Morgantown, West Virginia – a university town and a mining town. We knew people in both worlds. Our daughter was only seven, but after we moved she got letters from a little friend there who was the son of a miner. Miners lived all around.

Morgantown was very special, but the chemical leak and contamination in Charlestown reveals the naiveté of many in West Virginia and elsewhere in the U.S., who believe that whatever is good for the companies is good for us, that the companies are looking out for our welfare. Read the rest of this entry »


Metro-North Had Neither Featherbedding Nor Safety

December 17, 2013

On Sunday, December 1, Metro-North reported an “accident occurred just before 7:30 a.m. … [A] southbound, Hudson Line train with about 120 passengers on board derailed just north of the Spuyten Duyvil station in the Bronx. All cars derailed.”[1] We now know four people died and many were injured.

On Friday, December 6, the Federal Railroad Administration issued an Emergency Order (EO 29) to Metro-North Commuter Railroad “to provide two qualified railroad employees to operate trains where major speed restrictions are in place until the signal system is updated.”[2]

Let’s absorb what that means. Read the rest of this entry »


A 28th Amendment

April 30, 2013

I got into a discussion about a proposed 28th Amendment to our Constitution a few days ago. Turns out there’s more than one proposal calling itself the 28th Amendment. I’m talking about the one that begins, “The rights protected by the Constitution of the United States are the rights of natural persons only.” There may be similar ones. There certainly are some calling themselves the 28th Amendment that address very different subjects and are totally misinformed. But the restriction of constitutional rights to natural persons is worth talking about. Read the rest of this entry »


Romney-Ryan Rickshaws

October 23, 2012

Both candidates say they want to pull us out of the recession and put people back to work – to create jobs. Jobs, jobs, jobs, the election seems to be about jobs.

President Obama is straightforward Read the rest of this entry »


This is an Emergency

October 16, 2012

During the fund drive I heard Joe Donahue and this station working hard to bring Bill McKibben to this audience and lead us away from the catastrophe of global warming. He and the station did a great service and I am proud to be associated with them.

If your house was on fire you wouldn’t stand like a bystander waiting for it to collapse; you’d call the fire department and get anyone you could reach out of there fast.

If you child or your grandchild were about to drown, you would not turn your back moaning that it was too awful to contemplate; you’d raise hell to get your children out.

If your children disappeared on a camping trip, you wouldn’t sit around moaning; you’d search, call the rangers, find those children.

If your baby was dying of thirst, you’d find water. If your child was dying of hunger you’d find food. I met one six year old girl whose mother released her to others who brought her to America after the young girl’s brother had died of starvation in Liberia. It’s awful to contemplate but as parents we do what we have to in order to protect our children.  Read the rest of this entry »


Regulation and the Slide to Hell

August 28, 2012

There’s too much regulation, says Romney. Too much regulation, say some businesses. It’s always categorical, not about which regulation. Just that regulation is bad. Stop it.

The forests are burning. The drought continues. The deserts are growing. The earth is warming. The diseases are spreading. The storms are destroying our towns and farms. The glaciers are melting and the oceans are retaking our shores, submerging islands, making refugees and warriors. But oh block the regulation. Read the rest of this entry »


Outdated Legal Doctrines

May 22, 2012

The law of contract, based on the consent of the parties, and the law of torts, based on our obligations when no agreement covers what happened, are fundamental to American law. There is only one problem. Both fields are hopelessly out of date. Read the rest of this entry »


Environmental liability

April 10, 2012

Let me suggest a solution to the fracking problem. The self-styled energy companies want to draw natural gas out of the shale deposits deep below the earth’s surface. Environmentalists like myself believe that fracking will foul the drinking water, damaging a much more crucial resource than the gas they’ll extract.  We also think that if gas is so valuable, they wouldn’t be burning it off where it already comes up alongside oil wells. But that’s another story. Let’s stick to safety.  Read the rest of this entry »


Follow

Get every new post delivered to your Inbox.

Join 204 other followers