News roundup, 14 Nov 2024

- Tom Homan, selected by Donald Trump to be his "border czar", has cited the Canadian border as an "extreme national security vulnerability" and says that there will be "tough conversations" with Ottawa about security. Andrew Coyne, in yet another grim prognostication, predicts that Trump's plans for mass deportations may lead to numerous undocumented residents in the US trying to flee to Canada - and as Coyne points out, "whatever our leaders may say, we have neither the capacity to accommodate them all nor to refuse them – not with a nearly 9,000-kilometre border we have never had to defend until now."

- A strange fact - a significant number of Alexandria Ocasio-Cortez's constituents voted for her, but voted for Trump for president. To her credit, AOC did not sweep this fact under the rug, but instead went to her Instagram page to ask what they had to say. Their answers may hold a fair bit of significance for the Democratic Party, assuming that they have another chance in 2028. On the subject of counterintuitive voting decisions, it's worth noting that despite often using highly racist rhetoric, Trump actually won 46% of the Latino vote, and 55% of the Latino male vote. Juan Williams thinks that the reason is painfully simple - a lot of Latino men did not want a woman as president and were willing to overlook Trump's racism for that reason. Plenty of discussion in this Reddit thread.

- A Dutch appeals court has struck down a 2021 order from a lower court that would have forced Shell to cut emissions by 45% over 2019 levels by 2030. The court ruled, essentially, that while Shell does have a responsibility to cut emissions, and that developing new oil and gas fields are at odds with this, courts are not empowered to make any specific order (such as an end to new exploration).

- A Tory candidate in Nova Scotia's provincial election, which is being held later this month, is being accused by the Liberals of illegally bribing voters after her campaign handed out Tim Hortons gift cards to citizens.

- The controversy over math requirements for education students in Manitoba is being debated in the pages of the Winnipeg Free Press, with mathematician Anna Stokke facing off against education professor Martha Koch. Koch argues that such decisions should be based on research, which she says supports the changes being brought in by the government. That is all very well except that what we're talking about here is social science research, which is usually a lot less rigourous than the term "research" would suggest to the layperson. That said, keeping the requirements more stringent could have the disadvantage of reducing the number of people going into teaching; maybe we're stuck with a tradeoff between quantity and quality of teachers here.

- Wab Kinew has conducted a cabinet shuffle, splitting some department responsibilities and adding Nellie Kennedy, Mike Moroz, and Mintu Sandhu to the cabinet. Moroz will head the new Department of Innovation and New Technology. Kennedy is the first Muslim woman to serve in the province's cabinet.

- Delays in Ontario's court system are now so bad that the majority of criminal cases are now ending before trial, in order to comply with the 2016 R v Jordan ruling. This includes not just petty crimes but serious ones like sexual assault. The situation is being attributed to a shortage of judges, prosecutors, and actual courtrooms.

Corporations are persons... unless it's inconvenient for them

Basically, they get most of the rights of personhood, but don't get some key responsibilities:

Companies including Royal Dutch Shell Plc’s Nigerian unit aren’t subject to U.S. lawsuits by foreigners seeking damages for human rights violations, a federal appeals court in New York ruled.

A panel of the court ruled 2-1 today that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations.

The decision dismisses claims by a group of Nigerians that Shell aided in the torture and murder of dissidents in Nigeria in the 1990s, including the playwright Ken Saro-Wiwa.

“The principle of individual liability for violations of international law has been limited to natural persons -- not ‘juridical’ persons such as corporations -- because the moral responsibility for a crime so heinous and unbounded as to rise to the level of an ‘international crime’ has rested solely with the individual men and women who have perpetrated it,” Judge Jose Cabranes wrote on behalf of the two-judge majority.

Cabranes said that the Alien Tort Statute, enacted in 1789, allows U.S. courts to hear death and injury claims by non-U.S. citizens connected to violations of international law, including war crimes and crimes against humanity.

From Bloomberg. There's also a separate, partly dissenting opinion:

“The majority opinion deals a substantial blow to international law and its undertaking to protect fundamental human rights,” he wrote. “According to the rule my colleagues have created, one who earns profits by commercial exploitation of abuse of fundamental human rights can successfully shield those profits from victims’ claims for compensation simply by taking the precaution of conducting the heinous operation in the corporate form.”

He agreed that the case should be dismissed, saying the plaintiffs didn’t properly claim Shell intended to cause the Nigerian government to violate human rights.

Hmm. I can't comment on the strength of the plaintiffs' case, but I agree with the first paragraph; the majority ruling is a travesty.