Protect DACA youth with the legal doctrine of promissory estoppel

By Olivia Deborah Lagutaris LaRosa, Sept.10, 2017

Promissory estoppel is a common law contract doctrine that may apply to DT’s tentative repeal of the “Dreamers” status.  Our young people who were brought to the US as children and thus had no say in whether they were “legal” must be protected. We can do that by fighting hard to protect their status and their rights.

How can we do that? By dipping into our legal toolbox for the proper tool.

Legal concepts are described and defined by  “elements.” Ordinarily, a contract is created by satisfying four elements:

  • Promise
  • Consideration
  • Agreement
  • Legal purpose

The elements of promissory estoppel are:

  • A promisor
  • A promisee who acted with
  • Reasonable reliance on the promise
  • Which here substitutes for consideration, even through there is no monetary consideration from promissee
  • Causes a substantial economic detriment effect to the promisee

The Presidential Order on DACA was a promise to those children who were brought from out of the country by their parents, and had no control over being brought to the USA. The Dreamers have, as they have matured, acted upon the promises of DACA to build their lives as Americans do. They graduated from high school, went to college, or learned a trade. Some have married now and are raising families in the USA.

They thus acted with reasonable reliance on the promise of DACA. They were economically harmed by the reversal and the threat of deportation.

This is a unilateral contract where no consideration was tendered by the Dreamers. But the doctrine of promissory estoppel says that their actions based on reasonable reliance are the equivalent of consideration.

Removal from the USA would cause catastrophic economic detriment to the Dreamers. They are unsuited to earning a living in other countries. If homeowners they would lose their homes and the money they put into them. They may not even speak the language of the country where they came from.

Therefore, promissory estoppel presents a real opportunity to protect our youth.

History of application of promissory estoppel relevant to DACA

This doctrine was used to defend students at a major California law school. During the school shutdowns in the early 1970s, classes were not held for a year. The school decided that the exams at the end of that year would cover an entire two years of instruction.

Many of these students were recruited by a legal education opportunity program. These programs are designed to help students who had to overcome significant obstacles to get to law school. Many were first-generation college students. This is a big handicap, believe me!

Of course, many of these students did not pass under this draconian two-year exam protocol. Using the promissory estoppel doctrine, they argued that they had been promised a chance to make it through law school and the testing method denied them that education.

Failure to graduate from law school would cause them substantial economic harm.

Therefore, because promissory estoppel is a common law doctrine, class action suits similarly might be brought in every state where DACA beneficiaries reside.

Presidential prerogative

In case you are wondering, alien residents of the USA have some rights defined by the Constitution. Furthermore, immigration laws apply “federally,” that is, in every state. The President may make policy about immigrants. GOP assertions that the executive order establishing Dreamer status are confused.

Here’s a video that explains how promissory estoppel works.

Brush up on DACA here. 5 things you should know about DACA

###

Deborah Lagutaris has a law degree but she does not practice law. Ms. Lagutaris holds an LL.M. Legal Master Degree in International Taxation and Wealth Management. Furthermore, she is a Licensed California Real Estate Broker. Learn more about her at One Tax Mind.com

This article is not legal advice nor does it create an attorney-client privilege.

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People’s History of Stock Market Crashes: Timeline of Economically Significant Events

A People’s History of Stock Market Crashes 1946-2016: The View from Below

Appendix A

1929-2016: 98 market interruptions due to negligence, misfeasance, malfeasance, malingering, fraud, theft, tax evasion, and other such avoidable tragedies. But as anyone can see, the rich keep getting richer.

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List of some economically significant events since the Great Depression
Timeline Before Study– Notable events
1929 Market Collapse into Great Depression
1936 Wagner Act passed
1937-38 Recession within Depression

Timeline of Study
Postwar Period

  • 1946                       Repatriation of solders
  • 1946                       Women frozen out of jobs
  • 1946                       Marshall Plan
  • 1948                       Taft-Hartley Act
  • 1948                       Red Scare & Permanent War Footing of US Economy..
  • 1950 s                    Cold War (until 1988)
  • 1955                       Bracero Program
  • 1959                       Steel Industry Strikes
  • 1959                       Space Race – Frittering away our commonwealth into orbit
  • 1960s                     The Conquest of Cool
  • 1960                       “Mad” Men
  • 1960                       The Pill
  • 1960                       Mutually Assured Destruction Doctrine of Nuclear Power Balancing
  • 1962                       Kennedy Slide aka Flash Crash of 1962
  • 1963                       Studebaker Motors Pension Fund Failure
  • 1963                       Kennedy Assassination
  • 1964                       Equity Funding Mutual Funds Failure
  • 1968                       Martin Luther King Jr. Assassinated
  • 1968                       Robert F. Kennedy Assassinated
  • 1968                       Nixon President by fluke
  • 1971                       US dollar now backed by oil
  • 1973-1974            stock market crash due to high oil prices
  • 1973                       OPEC Oil Embargo on US
  • 1973                       Inflation at 3.6%
  • 1974                       ERISA passed to cover bad private pension debts like Studebaker
  • 1974                       Inflation at 9.4%
  • 1975                       Privatization of Fannie Mae and Freddie Mac pays for part of VietNam War.
  • 1977                       Inflation at 5.2%
  • 1980                       Inflation at 13.9%
  • 1980                       Reagan selected
  • 1980                       Business is cool
  • 1980                       Deregulation, privatization, destruction of unions
  • 1980                       Fiscalization of national product, Phillips Curve invoked
  • 1981                       Savings and Loans deregulation, speculation allowed
  • 1981                       Deep recession begins; the worst since Depression
  • 1985       Savings and Loan Crisis; Big bailouts needed. No one went to prison but Charles Keating. The Bush’s sure didn’t and they were involved. Greatest bank collapse since the Great Depression. (Remember this phrase. It occurs all too often.)
  • 1987                       Black Monday: largest stock market drop since the 1929 crash.
  • 1989                       Rio De Janeiro stock exchange crash
  • 1989                       Friday the 13th mini-crash
  • 1990-1991            Recession; largest since early 1980s.
  • 1991                       Japanese asset price bubble
  • 1992       UK forced to withdraw the pound sterling from the European Exchange Rate Mechanism (ERM) after the UK could no longer keep sterling above its agreed lower limit.
  • 1997                       Asian bubble pops: financial crisis
  • 1997                       Global stock market crash caused by Asian bubble financial Crisis
  • 1998                       Russian financial crisis
  • 1999-2000            dot-com bubble
  • 2000-2002            Recession from dot-com bubble caused loss of 8 Trillion of wealth
  • 2001                       September 11 attacks caused global markets to drop sharply
  • 2001-2002            Collapse of Enron
  • 2002                       Uruguay banking crisis
  • 2002                       WorldCom accounting scandal; G.W. Bush promotes “ownership” society.
  • 2003       Bush actors weaken state regulations so lender can make loans without regard for buyer ability to pay.
  • 2003                       Myanmar banking crisis
  • 2007                       Chinese stock bubble
  • 2007                       US subprime and collateral markets collapse
  • 2007                       Collapse of Irish and Icelandic economies.
  • 2007-2009            Bear market in US
  • 2008                       Russian stock market collapse
  • 2008-2009            Belgian financial crisis
  • 2008-2012            Icelandic Financial crisis
  • 2008-2009            Ukrainian financial crisis
  • 2008-2011            Irish banking crisis
  • 2008-2012            Spanish Financial crisis
  • 2008                       UK Bank rescue package
  • 2009                       UK Bank rescue package
  • 2009-2010            Venezuelan banking crisis
  • 2009                       Dubai debt standstill
  • 2010                       European sovereign debt crisis
  • 2010                       Student debt crisis
  • 2010                       Arab Spring
  • 2011                       Stock markets around the world plummet and remain volatile for rest of year
  • 2011                       Occupy
  • 2011                       Panama Free Trade Agreement
  • 2013                       Voting Rights Act destroyed by Supreme Court
  • 2014                       Russian financial crisis
  • 2015                       Chinese stock market crash
  • 2016                       US Presidential election mashup
  • 2016                       The Panama Papers

98 financially significant events from 1929 to date

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A People’s History of Stock Market Crashes &c 1946-2016: The View from Below

First four sections: Abstract. Introductions. Inspiration. Operationalization, and first two chapters.

Timeline of market incidents from 1928 to 2016

It is difficult to “get ahead,” as in “accumulate assets,” in today’s radically uncertain investment markets. Nevertheless, it is received opinion in the US that if one “plays by the rules” one can “succeed.” This kind of success is narrowly defined as being able to save up enough money to buy a home, raise children, send them to college, and then retire without being a “burden on society.” These rules, although strict,  included legal protections for workers and consumers. More people prospered under these regulatory regimes.

Now, the regulatory regimes have been attenuated, weakened, maligned, and captured. As a result, corporations have been allowed to legally plunder the people that they are meant to serve. Their avarice knows no bounds. These financial actors are cannibalizing their hosts, we the people and the planet we depend upon for life, without even a thank you. In the corporate jubilation that followed every deregulation and privatization, our savings and home equity were plundered without apology or punishment of the perpetrators. I aim to show the levers and gears of these financial meltdowns, their causes, the failures that follow, and the effects of those failures on the typical nuclear family. I intend to demonstrate that a paradigm shift is occurring right now about how the USA might right its financial ship and get back in touch with its inhabitants. Young people are saying we have to figure out how to reward ourselves in ways that take into consideration equity, equality and fundamental fairness. We have to figure out how to invest in ways that create happy communities and happy families. How can investors protect their assets in a world gone mad?

Table of Contents

1)     Abstract 3

2)     Introduction. 5

3)     Inspiration. 6

5)     The WWII Postwar Period 1946-1960. 7

  1. a) How war profiteering led to the Marshall Plan. 7
  2. b) Erosion of Labor Law @Taft-Harley & Demobilization of female workforce after WWII. 8
  3. c) Remobilization of armament industry (Red Scare) 8
  4. d) The Bracero Program.. 9
  5. e) Steel Industry Strikes. 9

6)     The Last Decade of Dominance 1960-1969. 10

  1. a) The Pill 10
  2. b) The Stock Market seeks growth opportunities – Equity Funding. 11
  3. c) Studebaker Pension Fund failure. 11
  4. d) The conquest of cool 14

7)     The Seventies Changed Everything 1970-1979. 17

  1. a) The fiscalization of national product 17
  2. b) Oil embargo. 18
  3. c) Wage and price controls. 19
  4. d) Interest rate climb. 19
  5. e) War on Inflation. 19

8)     The Eighties – Business is Cool 19

  1. a) Deregulation and privatization. 19
  2. b) The fiscalization of national product 20
  3. c) The Savings and Loan crisis. 20
  4. d) Early 1980s recession. 22
  5. e) Black Monday 1987. 23

9)     The Nineties. 24

  1. a) Early 1990s recession. 24

10)        The 2000s. 25

  1. a) Early 2000s recession – dot com bust 25
  2. b) The collapse of Enron 2001-2002. 26
  3. c) WorldCom accounting scandal 27
  4. d) Subprime mortgage crisis. 27
  5. e) Real estate market cratered, stock market crashed AGAIN.. 28
  6. f) The Housing Bust, the Repo scams, and Middle class hollowing out 29

11)        The – “20teens” – A decade of crises in only 6 years. 30

  1. a) Irish and Icelandic banking crises. 30
  2. b) Student debt crisis. 31
  3. c) 2014 Russian financial crisis. 31
  4. d) 2015 Chinese Stock Market Crash. 31

12)        Increasing inequality without fundamental fairness brings new dynamics. 31

  1. a) Arab Spring & Libya & Occupy. 32
  2. b) The rise of Bernie Sanders and the return of class analysis. 32

13)        Conclusion. 32

1)      Abstract

It is difficult to “get ahead,” meaning “accumulate assets.” However, it is received opinion in the US that if one “plays by the rules” one can “succeed.” This kind of success is defined narrowly as being able to save up enough money to buy a home, raise children, send them to college, and then retire without being a “burden on society.” These rules included legal protections for workers and consumers. A broader range of society prospered under these regulatory regimes.

Now, the regulatory regimes have been attenuated, weakened, maligned, and captured. As a result, corporations have been allowed to legally plunder the people that they are meant to serve. Their avarice knows no bounds. These financial actors are cannibalizing their hosts, we the people and the planet we depend upon for life, without even a thank you. In the corporate jubilation that followed every deregulation and privatization, our savings and home equity were plundered without apology or punishment of the perpetrators. I aim to show the levers and gears of these financial meltdowns, their causes, the failures that follow, and the effects of those failures on the typical nuclear family. I intend to demonstrate that a paradigm shift is occurring right now about how the USA might right its financial ship and get back in touch with its inhabitants. Young people are saying we have to figure out how to reward ourselves in ways that take into consideration equity, equality and fundamental fairness. We have to figure out how to invest in ways that create happy communities and happy families. How can investors protect their assets in a world gone mad?

2)      Introduction

In 2015, Japan’s sovereign debt offerings went into “negative” territory. This means that Japan is offering its bonds on the market and expecting investors to pay for the privilege of holding its debt rather than paying interest.

Japan can expect to sell its debt instruments, even with that premium cost to the holder, because sovereign debt of big rich nations like Japan and the USA is considered a safe and stable place to park investor funds when other markets are deemed too risky for investment. In other words, people do not want to purchase the debt of countries like Greece (an extreme example to illustrate the argument) because there is no assurance that their funds will be safe.

Why do nations have to sell bonds to finance their operations? Because their current accounts do not have enough money to fund all the services the nation provides. Why is it that nations do not have enough money to fund their services? There’s a two part answer: first, nations must invest in capital-intensive projects like maintaining roads and schools that cannot always be financed with current tax revenues and second, individuals and corporations avoid or evade their tax obligations using a combination of legal and illegal means. There’s a third reason that most students of economics are reluctant to raise: the economic system itself, prone to booms, bubbles and busts, makes it difficult to accumulate and retain capital. There are winners and losers in monopoly capitalist systems and the losers are more likely to be small investors and governments. The system has been rigged for the rich. Movements of large sums are artificially influenced by the basic view that capital has to earn income. Transnational corporations have near complete control over movements of capital in the 21st century; thus governments are starved and people are starved, enslaved, made ill, injured or killed.

The preceding views spring from a background in the Critical Law and Economics discipline. Nothing happening today in the world economy gives us cause to celebrate. Not just Japan, but many European countries have been running negative interest rates since 2015.

Complaints across the political spectrum about continually increasing amounts of regulation to control money flows and dampen capital flight may make it mandatory for us to look at ways to “take it off the top” rather than spend billions chasing the money after it has flown. The Financial Transaction Tax in its various forms, also known as a Tobin Tax, presents itself as a rational method for governments to collect enough taxes to take care of their people’s needs.

3)      Inspiration

This work springs from research conducted in support of a thesis, a risk/benefit analysis on using a Financial Transaction Tax rather than FATCA and international tax treaties to raise funds to satisfy the tax needs of nations on a global basis. The unfathomable size and scope of the colossal government and private institutional bureaucracies needed to enforce FATCA and tax treaties could make the discussion in favor of an FTT with global reach fruitful to analyze.

Holding up a new analysis of the risk/benefits of FTT alongside the ever-increasing need for global Anti-Money-Laundering (AML) laws, regulations, policies and operationalization may make the case for an FTT impossible to ignore.

  1. I bolster my argument by providing an historic excursion through a few decades worth of misguided-at-best, war-crime-bad at worst, geopolitical financial actions. For many observers, it is clear that trusting the invisible hand of the market makes cash disappear like magic into the unaccountable maw of vertical integration, offshore banking and underground economies.
  • Operationalization
    1. This paper will provide a “people’s history” rather than a close financial analysis of each of the events listed herein. There will be plenty of room for quibbling with each of my analyses but the arc of history will demonstrate that emphasizing faith in a rigged system is a ludicrous fantasy.

5)      The WWII Postwar Period 1946-1960

a)      How war profiteering led to the Marshall Plan

To remedy the unspeakable devastation wrought on Europe and Asia by WWII, American policymakers devised The Marshall Plan. The Marshall Plan aimed to provide the means for European nations to rebuild their infrastructure and economies. Our high school history books present the Marshall Plan as an altruistic outpouring of love on our devastated allies. In fact, the Plan was necessary to provide new markets for the massive production capabilities America developed during the war. Our war profiteers needed market growth to maintain and increase their earnings. Capitalism’s basis tenet is that it must grow, or die. In the infinite world we perceived before the Industrial Revolution, that fantasy could be maintained. Today, we live in a finite world shrunken by 21st century-style globalization and communicate instantly across the globe by means of the Internet. We know that our seas are the last home for incalculable amounts of land-based toxins and our water and air are the last frontiers for corporate control.

b)      Erosion of Labor Law @Taft-Harley & Demobilization of female workforce after WWII

American workers who sacrificed economic benefits of their labor during WWII were told that they were patriots. Thus, they accepted that wages were artificially held down by anti-strike provisions and wage freezes. When the war ended, workers expected to reap the fruits of their labor. The period directly after WWII saw huge increases in labor activities as rank and file members sought to make good on their deferred hopes. When we began to repatriate our veterans as the World War wound down, we had to make sure that they had jobs to return to. Thus, management pressure and government policies acted to take away jobs from women, who had constituted a high percentage of the labor force during the war. Strikes, work-to-rule, and secondary boycott actions increased dramatically. Legislators took action: the Taft-Hartley Act, passed in 1948, began the long process that has decimated the union movement in the US. Workers were “protected” from union “abuses” under the Act.[1] [2]

Next week:

     Remobilization of armament industry (Red Scare); The Bracero Program; Steel Industry Strikes

###

Timeline of market incidents from 1928 to 2016

A People’s History of Stock Market Crashes 1946-2016: The View from Below
Timeline Before Study– Notable events
1929 Market Collapse into Great Depression
1936 Wagner Act passed
1937-38 Recession within Depression

Timeline of Study
Postwar Period
1946 Repatriation of solders
1946 Women frozen out of jobs
1946 Marshall Plan
1948 Taft-Hartley Act
1948 Red Scare & Permanent War Footing of US Economy..
1950 s
Cold War (until 1988)
1955 Bracero Program
1959 Steel Industry Strikes
Space Race – Piddling away our commonwealth into orbit
1960s The Conquest of Cool
1960 “Mad” Men
1960 The Pill
1962 Kennedy Slide aka Flash Crash of 1962
1963 Studebaker Motors Pension Fund Failure
1963 Kennedy Assassination
1964 Equity Funding Mutual Funds Failure
1968 Martin Luther King Jr. Assassinated
1968 Robert F. Kennedy Assassinated

1968 Nixon President by fluke
1971 US dollar now backed by oil
1973-1974 stock market crash due to high oil prices
1973 OPEC Oil Embargo on US
1973 Inflation at 3.6%
1974 ERISA passed to cover bad private pension debts like Studebaker
1974 Inflation at 9.4%
1975 Privatization of Fannie Mae and Freddie Mac pays for part of VietNam War.
1977 Inflation at 5.2%
1980 Inflation at 13.9%
1980 Reagan selected
1980 Business is cool
1980 Deregulation, privatization, destruction of unions
1980 Fiscalization of national product, Phillips Curve invoked
1981 Savings and Loans deregulation, speculation allowed
1981 Deep recession begins; the worst since Depression
1985 Savings and Loan Crisis; Big bailouts needed. No one went to prison but Charles Keating. The Bush’s sure didn’t and they were involved. Greatest bank collapse since the Great Depression. (Remember this phrase. It occurs all too often.)
1987 Black Monday: largest stock market drop since the 1929 crash.
1989 Rio De Janeiro stock exchange crash
1989 Friday the 13th mini-crash
1990-1991 Recession; largest since early 1980s.
1991 Japanese asset price bubble
1992 UK forced to withdraw the pound sterling from the European Exchange Rate Mechanism (ERM) after the UK could no longer keep sterling above its agreed lower limit.

1997 Asian financial crisis
1997 Global stock market crash caused by Asian Financial Crisis
1998 Russian financial crisis
1999-2000 dot-com bubble
2000-2002 Recession from dot-com bubble caused loss of 8 Trillion of wealth
2001-2002 Collapse of Enron
2001 September 11 attacks caused global markets to drop sharply
2002 Uruguay banking crisis
2002 WorldCom accounting scandal; G.W. Bush promotes “ownership” society.
2003 Bush actors weaken state regulations so lender can make loans without regard
for buyer ability to pay.
2003 Myanmar banking crisis
2007 Chinese stock bubble
2007 US subprime and collateral markets collapse
2007 Collapse of Irish and Icelandic economies.
2007-2009 Bear market in US
2008 Russian stock market collapse
2008-2009 Belgian financial crisis
2008-2012 Icelandic Financial crisis
2008-2009 Ukrainian financial crisis
2008-2011 Irish banking crisis
2008-2012 Spanish Financial crisis
2008 UK Bank rescue package
2009 UK Bank rescue package
2009-2010 Venezuelan banking crisis

2009 Dubai debt standstill
2010 European sovereign debt crisis
2010 Student debt crisis
2010 Arab Spring
2011 Stock markets around the world plummet and remain volatile for rest of year
2011 Occupy
2011 Panama Free Trade Agreement
2013 Voting Rights Act destroyed by Supreme Court
2014 Russian financial crisis
2015 Chinese stock market crash
2016 US Presidential election mashup
2016 The Panama Papers

98 market adjustments to date
Creative Commons 4 BY License

References and Resources

[1] National Labor Relations Board, Taft-Harley Act, major provisions. https://www.nlrb.gov/who-we-are/our-history/1947-taft-hartley-substantive-provisions. Accessed 2-15-2016

[2] National Labor Relations Act, aka Wagner Act, was enacted in 1935 as a measure “just to labor,” whose grievances became ever more obvious during the Depression. It was imperative, to boost the economy, that people had income to spend and goods to consume. https://www.nlrb.gov/who-we-are/our-history/1935-passage-wagner-act Accessed 2/15/2016

[3] Various social problems in the US have been identified as “wars” for similar reasons. One example is the “War on Drugs,” the US’s most expensive and longest war, going on four decades now.

[4] Duncan Lyall Burns. The Steel Industry, 1939-1959: A Study in Competition and Planning. Cambridge University Press. P. 167, 132 US dominated industry Table 6.

[5] Chicago Tribune Archives, German Steel Workers Call Strike April 9. April 1, 1958. http://archives.chicagotribune.com/1958/04/01/page/22/article/german-steel-workers-call-strike-april-9. Accessed March 1, 2016

[6] John F. Kennedy. JFK Library. Remarks by Senator John F. Kennedy at a Democratic Party reception in Pueblo, Colorado. http://www.jfklibrary.org/Asset-Viewer/Archives/JFKCAMP1960-1031-004.aspx

[7] L.J. Seidler, F. Andrews, M.J. Epstein. M.J. Equity Funding Papers: The Anatomy of a Fraud. (1977) https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=57732

“The fraud at Equity Funding Corporation of America was essentially a securities fraud. While much attention has been focused on the insurance aspects, especially the manufacture of bogus policies, that activity was merely one part of a much larger stock fraud that began at or before the time Equity Funding’s first public offering in 1964. The perpetrators of the fraud, who were major holders of the company’s stock, intended to inflate and keep the market price of the company’s common stock for the purposes of personal enrichment and ego enhancement. They wanted to be known as the management force behind a company believed to phenomenally successful. The fraud was implemented principally by inflating the company’s reported earnings largely through recording nonexistent commission income. This practice appears to have begun at least as early as 1964 in anticipation of the company’s first offering of common stock…”
###

[8] American Institute of Certified Public Accountants. (1975). Report of the Special Committee on Equity Funding: The adequacy of auditing standards and procedures currently applied in the examination of financial statements. New York: American Institute of Certified Public Accountants.

[9] Pension Benefit Guaranty Corporation http://www.pbgc.gov/about/who-we-are/pg/history-of-pbgc.html Accessed March 31, 2016.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] The Employee Retirement Income Security Act of 1974: The First Decade. http://www.aging.senate.gov/imo/media/doc/reports/rpt884.pdf

[14] Emily Brandon, The Ten Biggest Failed Pension Funds. US News and World Report. Aug. 23, 2010.

http://money.usnews.com/money/blogs/planning-to-retire/2010/08/23/the-10-biggest-failed-pension-plans

[15] Roger Lowenstein, The Long Sorry Tale of Pension Promises. Wall Street Journal.  updated October 1, 2013.

[16] Mary Williams Walsh. Failed Pensions: A Painful Lesson in Assumptions. The New York Times. November 12, 2013.

[17] American Heritage Dictionary definition:

co-optation. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Accessed March 22, 2016  http://www.thefreedictionary.com/co-optation

[18] Thomas F. Frank, (2000). “The Conquest of Cool: Business Culture, Counterculture, and the Rise of Hip Consumerism.” Relevant excerpt: http://www.press.uchicago.edu/Misc/Chicago/259919.html  Accessed March 3, 2016

[19] Zinn Education Project. Howard Zinn is the author of the groundbreaking book The People’s History of the United States.

Black Panther Ten-Point Platform.

  1. We want freedom. We want power to determine the destiny of our Black and oppressed communities.
  2. We want full employment for our people.
  3. We want an end to the robbery by the capitalists of our Black and oppressed communities
  4. We want decent housing, fit for the shelter of human beings.
  5. We want decent education for our people that exposes the true nature of this decadent American society. We want education that teaches us our true history and our role in the present-day society
  6. We want completely free health care for all Black and oppressed people.
  7. We want an immediate end to police brutality and murder of Black people, other people of color, and all oppressed people inside the United States.
  8. We want an immediate end to all wars of aggression.
  9. We want freedom for all Black and oppressed people now held in U.S. federal, state, county, city and military prisons and jails. We want trials by a jury of peers for all persons charged with so-called crimes under the laws of this country.
  10. We want land, bread, housing, education, clothing, justice, peace, and people’s community control of modern technology.

http://zinnedproject.wpengine.netdna-cdn.com/wp-content/uploads/2011/10/blackpanthers_10pointprogram.pdf Acc. 3-22-2016

[20] Adam Liptak. June 25, 2013. Supreme Court Invalidates Key Part of Voting Rights Act. NYT Permalink http://nyti.ms/1FUpwx5 Acc. March 21, 2016

[21] Thomas F. Frank (2000). The Conquest of Cool (abstract) 03-22-2016.

[22] Frank, Ibid.

[23] Bernays, Edward L. (1928) Propaganda. http://igpub.com/propaganda/ Reissued pamphlet & full text at

https://archive.org/stream/Propaganda1928ByEdwardL.Bernays/Propaganda(1928)%20by%20Edward%20L.%20Bernays_djvu.txt Acc. 03/22/2016

[24] Bernays. Propaganda. Page 9. First paragraph in first chapter of book, titled “Organizing Chaos.”

[25] J.P. Forrester. Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit to Homeowners. Missouri Law Review, Vol. 72, Iss. 4 [2007]. Art. 5

[26] J.P. Forrester.. Art. 5, Page 1

[27] Carlos Murphy. The Petrodollar System Explained. 1/26, 2012. Alternative Economics Blog.

The Petrodollar System Explained

[28] The U.S. Military and Oil. Union of Concerned Scientists. http://www.ucsusa.org/clean_vehicles/smart-transportation-solutions/us-military-oil-use.html#.VvLfFKcrJkg Accessed. 3-23-2016

[29] Middlebury University http://cr.middlebury.edu/es/altenergylife/70’s.htm Accessed. 3-23-2016

[30] Historical Inflation Rates: 1914-2016. US Inflation Calculator site. Accessed. 3-23-2016 http://www.usinflationcalculator.com/inflation/historical-inflation-rates/ Acc. 3-12-2016

[31] Global Nonviolent Action Database. American air-traffic controllers strike for benefits and pay, 1981. https://nvdatabase.swarthmore.edu/content/american-air-traffic-controllers-strike-benefits-and-pay-1981

[32] Florencio Lopez-de-Silanes, Andrei Scleifer, Robert W. Vishny. Privatization in the United States. The Rand Journal of Economics. Vol. 28, No. 3, Autumn 1997 pp. 447-471 http://scholar.harvard.edu/shleifer/files/privatization_us.pdf

[33] Lopez-de-Silanes, Ibid.

[34] Evans, Greg (August 1989). “The Desert Fox”. Cincinnati Magazine.

[35] Miller, Judith (1979-07-03). “S.E.C. Charges American Financial” (fee required). The New York Times.

[36] The Lincoln Savings and Loan Investigation: Who Is Involved? New York Times, 11-22-1989 http://www.nytimes.com/1989/11/22/business/the-lincoln-savings-and-loan-investigation-who-is-involved.html

[37] Martin Tolchin (1990-09-27). “Legal Scholars Clash Over Neil Bush Actions”. New York Times.

[38] T. Sablik. Recession of 1981-1982. Federal Reserve Bank of Richmond. http://www.federalreservehistory.org/Events/DetailView/44

[39] Sablik, Ibid.

[40] Sablik, Ibid.

[41] Phillips Curve, Investopedia http://www.investopedia.com/terms/p/phillipscurve.asp

[42] Sablik, Op.Cit.

[43] D. Bernhard, M. Eckblad. Black Monday, the Stock Market Crash of 1987. Federal Reserve Bank of Chicago. http://www.federalreservehistory.org/Events/DetailView/48

[44] Bernhard. Ibid.

[45]Savings and Loans Crisis: Causes, Cost: How Congress Created the Biggest Bank Collapse Since the Depression http://useconomy.about.com/od/grossdomesticproduct/p/89_Bank_Crisis.htm

[46] 1990-92 Early 1990s Recession. Slaying the Dragon of Debt: Fiscal Politics and Policy from the 1970s to the Present. http://vm136.lib.berkeley.edu/BANC/ROHO/projects/debt/1990srecession.html

[47] 1990-92 Early 1990s Recession, ibid.

[48] On the Issues. http://www.ontheissues.org/Celeb/Dick_Cheney_Budget_+_Economy.htm

[49] Amazon.com listing for Dow 36,000: The New Strategy for Profiting from the Coming Rise in the Stock Market.

http://www.amazon.com/Dow-36-000-Strategy-Profiting/dp/0609806998

[50] A. Beattie. Market Crashes: The Dotcom Crash. Investopedia.

http://www.investopedia.com/features/crashes/crashes8.asp

[51] Beattie. Ibid.

[52] T. DeGrace. The Dot Com Bubble Burst That Caused the 2000 Stock Market Crash.

http://www.stockpickssystem.com/2000-stock-market-crash/

[53] Money Crashers. Factors that led to the Dot-Com Bubble Burst.

History of the Dot-Com Bubble Burst and How to Avoid Another

[54] Money Crashers, ibid.

[55] Money Crashers, ibid.

[56] http://www.theguardian.com/theobserver/2003/may/18/society

[57] Called to Account. Time Magazine. A special package.

http://content.time.com/time/specials/packages/0,28757,2021097,00.html

[58] B. Lyke, M. Jickling. WorldCom: The Accounting Scandal. CRS Report for Congress. University of Maryland.

[59] Lyke, ibid.

[60] Jo Becker, Sheryl Gay Stolberg, Stephen Labaton. Bush drive for home ownership fueled housing bubble. New York Times. Dec. 21, 2008. http://www.nytimes.com/2008/12/21/business/worldbusiness/21iht-admin.4.18853088.html?_r=0

[61] Becker ibid.

[62] Eliot Spitzer. Predatory Lenders’ Partner in Crime. Washington Post. February 14, 2008

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/13/AR2008021302783.html

[63] Spitzer. Ibid.

[64] D. Baker. The Housing Crash Recession: How Did We Get Here? PBS. NOW. 3-21-2008

http://www.pbs.org/now/shows/412/housing-recession.html

[65] Caja Whitehouse, JPMorgan forks over $50M in ‘robo-signing’ Pact with DOJ. USA Today. March 4, 2015.

http://www.usatoday.com/story/money/2015/03/03/jpmorgan-robo-signing-department-justice/24332863/

[66] G. Connor. IMF Post-Program Monitoring Report on Ireland notes the unusual risk profile of the Irish banking sector. Irisheconomy.ie. January 20, 2016.

[67] Connor. Ibid.

[68] Connor. Ibid.

[69] M. O’Brien. The miraculous story of Iceland. The Washington Post. June 17, 2005. https://www.washingtonpost.com/news/wonk/wp/2015/06/17/the-miraculous-story-of-iceland/

[70] O’Brien. Ibid.

[71] O’Brien. Ibid.

[72] O’Brien. Ibid.

 

Posted in 1percent, A Peoples' History of Stock Market Crashes, Bailouts and Tax Cuts, Civil Society, Classism Racism Sexism, Corporate Crimes, Corporate-Congressional Complex, Cultural Economics, Economics 101, Everything We Know is Total BS, Evil Capitalism101 | Comments Off on A People’s History of Stock Market Crashes &c 1946-2016: The View from Below

Four reasons to go for the Financial Transaction Tax, Bernie Sanders’ proposal to fund public colleges

by Deborah Lagutaris aka Olivia LaRosa, January 6, 2016

Deborah Lagutaris has a Law and Society BA from UC Santa Barbara with a minor in 20th century political history. She has a law degree from UC Hastings College of the Law, and  ABT in the LL.M. Taxation – International Taxation and Wealth Management concentrations at Thomas Jefferson School of Law.

1. The Financial Transaction Tax is the most effective, efficient tax-gathering method. Bernie Sanders proposes FTTs to fund free public college etc. FTT is typically under 1/10th of a percent of chosen gross speculative trades.

2,  Speculation is not a productive economic activity. It’s just gambling activity of the highest order for the .01% and produces nothing for society.

  • Now the US economy is largely made of the profits that rich people make merely by moving their money from one place to another. Big corporations make a lot of money just by moving it around. Good things thereby are not being created; bad things are not being destroyed.

3. The tax you never have in your hand you cannot cheat on.

  • If these big corporations refuse to pay their US taxes, let them pay some other way, a way they can’t lobby away and recapture.

4. A business should not rely on playing tax games to reward its stockholders. In that way, corporations are stealing the money we the people should have for common needs like infrastructure, government, and education.

  • A business should not be in business to take other people’s money and then not perform the job or the act. And then laugh about it and steal some more. A business should not be in business to cheat the US government out of taxes. Corporations have already engineered such elaborate loopholes; they can even become credits.
  • It should be illegal to hide money outside the US that earned with US resources and paid for by US citizens. It is not, as Apple said, a corporation’s duty to evade taxes because of their duty to their stockholders’ pocketbooks. Yeah right. Nice try. It is nothing more than a money tornado sucking up the money of the poor. The rich can never have enough.
There are a lot more reasons. I am just getting started here! Next: Answering objections to the FTT.
Posted in 99%, Bernie Sanders for President, Economics 101, Education | Comments Off on Four reasons to go for the Financial Transaction Tax, Bernie Sanders’ proposal to fund public colleges

Bernie Sanders wins the Interwebs! Four reasons Bernie can become our President.

Bernie Sanders calls us to account.
Bernie Sanders calls us to account.

The New York Times frets that Hillary’s campaign suffers from “a lack of enthusiasm.” Well yeah, duh! People keep saying that Hillary is “the one,” yet the public keeps demonstrating how reluctant they are to support a chameleon candidate whose views shift according to polls. This enthusiasm gap is handily demonstrated in a major social media platform. I am not a political naif. I started my education in 1969 as a political science major. During these years I shifted my alliances from the right of the Republican Party to the left of the Democratic Party based on the tractor-trailer truckloads of evidence that counters the GOP worldview I was raised on. So here are the four reasons of the day!

First, Bernie is totally electable. He has a statistically significant lead among Facebook followers.

I was just mucking around on the Internet, reading my email, when I found myself at Bernie Sanders’s Facebook page. I was pleased, as a Bernie supporter, to see that he had nearly 2,000,000 that’s TWO MILLION followers. 

by Olivia LaRosa, November 22, 2015

Then I thought I should go see how many followers the other Democratic candidates had. Hillary Clinton has FEWER Facebook followers than Bernie Sanders. That’s right. She has been in politics for 40 years, has nearly limitless money, a lock on the corporate media, and she still has fewer followers than Bernie.

Bernie Sanders for President 1,984,719

Hillary Clinton 1,811,982

So, you are thinking that 170,000 likes aren’t all much of a spread in a nation with 330,000,000 people, and you are right.

OK, let’s go on…

Let’s step back a bit and look at both candidates’ related sites to see how those numbers look:

Senator Bernie Sanders  2,473,389 members

Hillary in 2016 201,257

Hillary Clinton 2016 2,932 members — no, I did not forget to type any numbers here

Let’s figure this:                                     2,473,389

–    201,257

                                                               –        2,932

Bernie’s lead:                                         2,269,200

Going on, we see another

Bernie Sanders for President                     92,393

Unofficial Bernie Sanders for President 115,447

adds up to another 184,706 for Bernie*

Most people in the US have not been offered the opportunity to learn more about Bernie’s ideals and plans. His lead can only grow.

*math approximate. I did not count all the Bernie and Hillary FB pages, only the most prominent

2. Bernie will be able to work with Congress because he will carry Democrats into offices across the nation. 

Many people lament the gridlock in Washington and most of our state capitols. They cannot see how the President can make a difference.

My theory is that the ENTIRE US House of Representatives and a full 1/3 of the Senate is up for re-election. If Bernie’s following continues to grow at these astonishing rates, he will have long electoral coattails. In other words, people who vote for Bernie are not likely to put up with posturing triangulators and fear mongers in other offices. The Republicans and a good many DINOs will be tossed out of office.

Even if they aren’t tossed out, Bernie knows how to work across the aisle without compromising his principles.

BerniePitching018

3. Bernie’s brand of social democracy builds strong families and strong countries. 

Forget Denmark! Germany’s is a nation of more than 80,000,000. Their social democracy features a form of universal health care. Labor unions share the seats on corporate boards 50/50 with company management. This country is the economic engine of Europe.

Germany’s per capita wealth among the highest in the world, say those crazy loony libs at the CIA.

The benefits that Germans receive, such as health care, at least a month of vacation time, shorter work days and scads of other perks more than make up for the $10K difference in annual income between the USA and Germany per capita. It also allows German families family time to build those family values. Pensions are generous.

Colleges in Germany are FREE for people from all over the world.  Germans enjoy superior elementary education and well-maintained infrastructure. Germans are allergic to waging wars. The cost has been too high. Let’s get our peace dividend and let someone else police the world.

BernieVeteransWar

 

4. Bernie’s Financial Transaction Tax (FTT) Proposal can solve forever our broken taxation system. 

I think that taxes are the price I pay for civilization. Our corporations and our billionaires do not agree. They pay an army of accountants and lawyers to rig the system in their favor.

A Financial Transaction Tax on Wall Street trades would fund free public college for anyone who works hard and gets good grades.

Only the mouthpieces of billionaires like Forbes and Bloomberg see a problem with it. If we take a tiny amount off the top, like .005%, then they cannot hide it in tax “havens.” People who earn great benefits from American workers and consumers should pay it forward, not squirrel it away. If you don’t have it, you can’t hide it!

We could get rid of volumes of tax law that are littered with loopholes. All of those lawyers and accountants could be helping people instead of trying to figure out how to steal “honestly” and cheat our country.

In conclusion, it seems to me that the only obstacles standing in the way of a Sanders Presidency are those without a vision of a peaceful future. You cannot wage war to gain peace. Everybody knows THAT!

Posted in 99%, Bernie Sanders for President, Economics 101, Education, Everything We Know is Total BS, Job Creation, Labor Law and Policy, practical economics, Tax Policy, Working People's Rights | Comments Off on Bernie Sanders wins the Interwebs! Four reasons Bernie can become our President.

Real news and fake news

WSJ contributor found dead – could it be suicide?*

I wonder why this person is important enough to appear in the NY Times. Two people who are considered so-called leaders of the Right are the only ones who commented at 12:24AM on July 21, 2017. The notorious Paul Ryan (R-Ayn Rand) and the pompous Bret Stephens (R-dull) are the first commenters. Is this a play for sympathy in order to promote the vote on the “health care” bill?

*this part is fake news. There is no information now that points to suicide. I wanted to show you how easy it is to create controversy.

Posted in Media: Corporate and Controlled | Comments Off on Real news and fake news

A hacker disabled my Contact Form app

Warning: mysql_real_escape_string(): The server requested authentication method unknown to the client [mysql_old_password] in /home/oliviala/public_html/wp-content/plugins/easy-contact-forms/easy-contact-forms-database.php on line 152

Warning: mysql_real_escape_string(): The server requested authentication method unknown to the client in /home/oliviala/public_html/wp-content/plugins/easy-contact-forms/easy-contact-forms-database.php on line 152

Warning: mysql_real_escape_string(): A link to the server could not be established in /home/oliviala/public_html/wp-content/plugins/easy-contact-forms/easy-contact-forms-database.php on line 152

Every single page of the site including the admin directories have the same error. Happened between April 27 and now.

Posted in 14 signs of fascism | Comments Off on A hacker disabled my Contact Form app

The evil right wants to put us disabled people to work. In Sam Kinison’s voice, hear this: “We are too disabled to work at a job someone else would pay us to do.”

Yes, some of us may not be actually disabled. Maybe about 10% of every human group will have cheaters and sneaks. Ok. But still, that leaves 90% of the 10% of us disabled people who must have help to survive.

You might ask, “Why should I care about disabled people staying alive?” People would think that is a good question to ask. It is. Because I can tell you why.

Our human abilities are not diminished or extinguished by the disabilities we bear. Rather, it directs your focus to the benefits our disabilities provide. We perforce must dwell on the minutiae of our daily lives in a way the abled do not understand. We don’t mind that they don’t understand. We just want to move forward with our lives, serving our communities, to help those who follow us to build great neighborhoods.

What we should be doing as a society is helping our friends struggling with disability rather than punishing everyone for the low achievers. We are trying as hard as we can to scrounge up the bit of work we can do while reclining on a special air mattress 24 hours a day for example.

I can write, for example. I am finding ways to get paid for my writing. People ask me to help them fill out forms. I am a Registered Tax Return Preparer, ID P01584295. Some months I earn enough to pay for some groceries, maybe a half-tank of gas. I can work harder and more effectively if I am not distracted by rather serious pain. Better if I get help so I don’t overdo, like dusting, or standing for more than 5 minutes. Four or more times a day and I am back to air-mattress for a week’s worth of healing.

Still, I can keep up on my research projects. I run several automated browser searches for topics I follow closely. Near and dear to me is the political climate surrounding disability. I was a disability advocate before I became disabled myself.

Today a glib, ill-informed article by one Peter Cove crossed my path, entitled “US Disability Programs Need a Work Requirement.” Let us start by defining terms, something Mr. Cove avoids. What US disability programs is he talking about? The ones for people like me who cannot hold a job in today’s market? Workers’ Comp programs, designed to pay a worker who was hurt while doing his job.

Mr. Cove elides welfare payments and disability payments, although their aims are completely different. Could it be that he has never had a disabled person in his life?

Welfare helps families without the ability to provide for themselves and support them until they can train and get good work at a reasonable wage. The reason that disabled people receive benefits is because we are a civilized society who thinks that the least of us should be cared for even if we can’t hold a job.But we contribute far more than you could ever know to the web of knowledge under our society.

We have physical and mental disabilities that make it impossible to work. That’s why his assertions about the need to make us work is ridiculous. Disability is natural. It is always among us even when invisible.

So back to Mr. Cove’s lugubrious blathers about the success of the welfare-to-work programs of the 1990s, as he completely fails to distinguish between the impoverished- unemployed and the disabled populations. His book “Poor No More” has two reviews on Goodreads, two years after it came out. Methinks his nonprofit and his posturing about putting those lazy disabled to work is designed only to feed Limbots and other nattering nabobs of hate. subsequently I learned that Mr. Cove was asking $99 for a hardcover copy of his book. What is the purpose of this sham book written by a sham person, we wonder?

That is one definition of disability; a condition incredibly perilous yet difficult to prove in the face of bureaucratic hostility.

Go to Original

Posted in 99%, sexism the idea that men are smarter than women, Slavery | Comments Off on The evil right wants to put us disabled people to work. In Sam Kinison’s voice, hear this: “We are too disabled to work at a job someone else would pay us to do.”

Ed Roberts, first severely disabled student admitted to UC Berkeley

This is the time of the year to celebrate Ed Roberts’s birthday. Ed was admitted to UC Berkeley after one of the faculty members said, “We tried cripples before and it didn’t work.” Schoolwork wasn’t a struggle, but keeping up with everything else was a struggle. When you are disabled you can slide back downhill into the pit of homelessness within a month.

https://en.wikipedia.org/wiki/Ed_Roberts_(a)ctivist

Polio paralyzed him from the neck down. His lung muscles were paralyzed. He had to sleep in an 800-lb iron lung at night. It breathed for him.

Against all odds, he was a stellar student and was admitted to UC Berkeley in 1958.

Roberts graduated in 1962, two years before the Free Speech Movement transformed Berkeley into a hotbed of student protest. When his search for housing met resistance in part because of the 800-pound iron lung that he slept in at night, the director of the campus health service offered him a room in an empty wing of the Cowell Hospital.

Roberts accepted on the condition that the area where he lived be treated as dormitory space, not a medical facility. His admission broke the ice for other students with severe disabilities, who joined him over the next few years at what evolved into the Cowell Residence Program.

Posted in 99%, Bernie Sanders for President, Coping for disabled and underemployed people, Disability, Health Policy, They'd Rather We Just Die, Uncategorized | Comments Off on Ed Roberts, first severely disabled student admitted to UC Berkeley

On Friday, Donald J. Trump, the embodiment, instrument and provocateur of American animus, was installed — and I use that word with purpose and displeasure — as America’s 45th president. He delivered a particularly inauspicious speech to a seemingly sparse crowd, presenting a vision for America that would best be described as aggressive atavism, a retrograde positioning of policy that threatens to drag the country back to a time of division and fear and hostility, when some stand in the light by casting others into darkness.

Charles J. Blow, New York Times, Jan 21, 2017

The speech was replete with phrases never before uttered in an Inaugural Address. Bleed, carnage, depletion and disrepair.

Read the rest of this stirring article. Talk about it with your neighbors.

Posted in Uncategorized | Comments Off on

Foods to put hair on your head

Green tea

Citrus, green pepper, red pepper

Richly colored berries

Almonds and other nuts

Dark green leafy vegetables

Red meat and liver

Webb includes richly pigmented berries, such as blueberries, blackberries, and raspberries, in her suggested diet for fighting off hair loss. These nutritional powerhouses are known for their ample supply of vitamin C, and their rich stores of other antioxidants and phytonutrients. “Eating antioxidant-rich foods reduce the symptoms of baldness,” she says.

Almonds and other nuts are rich in healthy essential fatty acids and protein, as well as two other components that help them act as a food remedy for baldness when part of your daily diet, says Koya Webb, a certified personal trainer and holistic nutritionist. “Nuts have vitamin B6, which can help promote healthy hair growth,” she says. “Almonds also have vitamin E, which increases blood flow and can help stimulate the scalp and promote hair growth.” Add this to the heart-health benefits of nuts, and they should become key to your anti-hair-loss diet arsenal.

http://www.everydayhealth.com/mens-health-pictures/foods-to-put-hair-on-your-head.aspx#06

Posted in Health Policy | Comments Off on Foods to put hair on your head

5 times newspapers cut off comments too soon; the deplorable nominee parade.

I have been reading and commenting daily in our major newspapers of record for nearly 2 decades. Until this year, a typical comment thread had 2,000 or more comments.

Today, this article posted. Republican men say its a better time to be a woman than a man.  The New York Times shut down the comment section after 44 posts.

“Men underestimated the sexism felt by the women in their lives, the survey found. And while most respondents agreed it’s a better time to be a man than a woman in our society, only Republican men thought it was a better time to be a woman than a man.”

Professional victims, these Republican men. Maybe if they would stop being mad all the time people would like them better. It’s a cinch no one does now.

The other four times will be published shortly…

The Deplorable Nominee Parade

Thomas Puzden, the CEO of a fastfood megachain, current pick of the Tump administration for Secretary of Labor, is reconsidering his candidacy.

Salon said,

“He may be bailing,” an anonymous source “plugged into the Trump transition effort” told CNN. “He is not into the pounding he is taking, and the paperwork.”https://twitter.com/JohnKingCNN?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

Because Puzder has yet to submit his financial holdings paperwork to the Office of Government Ethics, his confirmation hearing scheduled for this week has been put on hold “and likely will not be held until next month,” CNN’s John King wrote.

Facebook on APeel! Darn those smart people found a clean solution to a problem that has always plagued humanity, the spoilage of food before eaten.

But if they are liberals, they are the enemy, we say we don’t believe the product works as advertised just because we can never allow them to say anything that isn’t smeared or distorted beyond recognition in those evil twisted minds consumed by hate. Right? 

OL – 1/17/2017

Posted in Another Fake Election, Patriarchy, sexism the idea that men are smarter than women | Comments Off on 5 times newspapers cut off comments too soon; the deplorable nominee parade.