Categories
Photography Weather

Welcome Fall

Happy first day of Fall. Oh, how wonderful to think this miserable summer is drawing to a close.

August went down as the third warmest August since weather history has been kept in this region. A couple of cooler days towards the end kept it from being the hottest. We’re still quite warm and humid, with temperatures today in the 90s and only getting down to about 70 at night. Hopefully, we’re heading into normal temperatures later this week.

I thought I would check the Fall color report and the predictions look dismal for the state. Whatever region didn’t get blasted by our odd thaw-freeze-thaw cycle this spring, got hit with an ice storm in January, and/or the summer drought. This is the first time I remember that all parts of the state are being conservative about their predictions for fall color.

We’ve started feeding neighborhood animals and birds, once I saw the pathetic acorns and other nuts coming from our own neighborhood trees. I’m concerned because we don’t seem to have many birds this year; even the number of squirrels are down. The only critter that has done well in the weather this year are the mosquitoes.

leaves

During one of the nicer nights in the last few weeks, I was finally able to open the windows to get some fresh air, only to have the St. Louis pest control come through with the mosquito spraying. Ah, there’s nothing better than the smell of bug spray by moonlight.

Still, Fall is my favorite time of the year. I don’t know if it’s the deeper, richer colors of autumn, the cooler weather, the pleasant walks, but I always feel changes for the good are right around the corner.

color palette

Plus there’s Halloween candy.

Categories
Legal, Laws, and Regs

Binding Mandatory Arbitration: A report by Public Citizen

I phoned into the news conference today publicizing the release of Public Citizen’s report on Binding Mandatory Arbitration, but had such bad reception I finally had to hang up. However, I don’t need the press conference–all I needed was the report and what a report it is.

I’ve read a lot of the horror stories on mandatory arbitration clauses hidden into contracts, but wasn’t that aware of how widespread these have become. If you have a cellphone, you’ve agreed to binding mandatory arbitration; ditto for having cable, satellite, buying a new home, car, or computer. Getting a new job, going to the doctor, even just having a name, because you could end up in arbitration on nothing more than a case of mistaken identity. Arbitration doesn’t have the same requirements as a court, so the companies don’t have to verify you’ve been informed of the proceedings, or even given a chance to participate. You could lose an arbitration case, and only find out afterwards that someone stole your name and credit card to run up charges.

The report also has statistics, as well as a good history of what happened in the Supreme Court over the last few decades to get us into this mess.

As reported in this ABC News Report the arbitration companies, who make millions of dollars on arbitration, say it’s all fair and beneficial to the consumer. If this is so, then why hide these arbitration agreements? Why sneak agreements in, in small print? Why not give people a choice of arbitration or court trial? You’ll find that no arbitration company will ever answer these questions. That should be a red flag to all of us.

The Arbitration Fairness Act of 2007, which only seeks to eliminate binding mandatory arbitration agreements, has the support of every consumer group in this country, not to mention associations of home owners and other organized groups of consumers.

On the other side, though, are very rich banks, builders, manufacturers, HMOs, and pharmaceutical companies and others who are pouring thousands, hundreds of thousands, of dollars into Congressional pockets. The only reason a Congressional representative will vote against this bill is if they’ve been bought. There’s no good moral, legal, or logical reason not to support the passage of the Arbitration Fairness Act of 2007.

Take a few minutes, download the report, read some of the cases, and make sure to check out Appendix A with a description of the history of mandatory arbitration. Then, let your congressperson know you expect them to vote for this bill, or be prepared to explain why they did not.

Categories
Books

Back to business

It’s amazing how things seem to happen at once. I’ve been waiting to find more information for one story in order to write a follow-up, and waiting on an event for another. Both happened today. Isn’t that just the thing?

The follow up is to the Jena story. Details of Mychal Bell’s juvenile records are being quoted, and I’ve tried to track down the source, but have had little luck. Every time I’ve asked someone where they got their information, they either disappear, or ignore the question. Today, Pursuing Holiness and Evangelical Outpost have posted links to eyewitness testimony, police reports, and the DA’s bail hearing argument. The documents are at Evangelical Outpost, as separate links. One is a broken link, but I imagine that will be fixed, soon (here’s the link — it doesn’t say anything new, and carefully cut out the defense attorney’s response). The person who provided this information wrote a post at Pursuing Holiness, and wishes to be anonymous.

I talked with a reporter from one newspaper who mentioned about Bell’s past record and who stated that this information was released with Mychael Bell’s bail hearing. I’m assuming the information I’ve been looking for is in the document with the broken link. One other document I wanted was included, and is another of the missing pieces I needed for my follow up.

I was contacted by a production editor at CNN yesterday about the Jena story, but she was mainly interested in where I lived. I must update this in my About Me page. I believe she contacted me because she was looking for someone in Jena for an afternoon ‘bit’ on Jena. I watched the bit, which ended up being a debate between Rev. Jesse Lee Peterson from bondinfo.org, who managed to work into the discussion that the NAACP is the equivalent of the KKK; and Roland Martin, a CNN contributor. Peterson is an embarrassment to the black people of this country, but Martin spent all of his time looking supercilious and quoting Jesse Jackson.

More disturbing, the CNN talking head managed to introduce some of Mychal Bell’s juvenile record into the discussion, in a very offhand manner, without references to sources, or even if the source was credible–showing that CNN is reading our comments, folks. It was one of the most despicable acts of sensationalist journalism it’s been my misfortune to see.

I never thought I would agree with Doc Searls and others who believe in citizen journalism and that the mainstream media is dead. After yesterday, though, I agree with the latter, but I’m not sure of the former. Seems to me that the mainstream media is only giving the people what they want: sound bites; innuendo; dozens of shallow, sensationalist ‘bits’ rather than one longer, thoughtful story; opinion rather than fact–the in-depth coverage of a story is sacrificed to immediacy and ratings. The thing is, that’s what too many weblogs and ‘alternative news sources’ give, too.

Still, there were webloggers associated with the Jena 6 event who wrote thoughtfully, tried to dig up information, and find, and publish, the facts. I’ll link to these when I write my follow-up.

The second story is on a press conference being held today about a report that Public Citizen is releasing today on the abuses of Binding Mandatory Arbitration (BMA), and in support of the Arbitration Fairness act of 2007. I’ve read the report, and it’s excellent–very detailed, very factual. Most of the work is based in California, where records have to be kept by arbitration companies. If anything, California is actually much more ‘pro consumer’ than most other states, and whatever the report shows for that state is probably doubled in others.

I have a couple of other items I want to cover, one on photography, one on tech. The one on photography is based on some of things I’ve discovered about myself while working on the book. The tech one is based on some of the things I’ve discovered about myself while reading weblogs while working on the book. I need to get back to the book, however, especially since I’m determined to see if finished on time.

I’ve had a hard time with this book, and it’s not because of the subject or the reviewers. The subject of web graphics, covering topics ranging from photography to SVG to the new Silverlight, and everything in-between, is one I absolutely love and always have. The reviewers are three people I know, like, and respect, and they’ve been very encouraging.

I have this book, and another for O’Reilly I’ve talked with my editor about and then that will, most likely, be it for me. I’m considering trying alternative publication routes, including my own ad-based web sites on technology and graphics, and perhaps even publishing my own PDF-based works. I’ve always want to return to the topic of making technology more accessible for the non-tech, a subject I really like. I’ve enjoyed the graphics writing so much that focusing on that, also, has great appeal.

Josh Anon at O’Reilly Media reviewed just such a bookGet Your Head Around Aperture 1.5 from an Aperture help site, Bagelturf. The author, Steve Weller, self-published the book, and promises to provide updates of the book, as they arise. It’s based on work he did at his site, and though the layout looks a little rough, the ability to be able to update the book to fix typos or errors, or to update the material based on new information appeals to me enormously.

At the same time, people really don’t want to pay for things they’d rather get free. Eventually, the only writers who can afford to publish online may end up being Cory Doctorow or those who are independently wealthy, and I’m neither.

Something I have to think on, while I finish the book.