How Power Profits From Disaster by Naomi Klein


After a crisis, private contractors move in and suck up funding for work done badly, if at all – then those billions get cut from government budgets. Like Grenfell Tower, Hurricane Katrina revealed a disdain for the poor.
There have been times in my reporting from disaster zones when I have had the unsettling feeling that I was seeing not just a crisis in the here and now, but getting a glimpse of the future – a preview of where the road we are all on is headed, unless we somehow grab the wheel and swerve. When I listen to Donald Trump speak, with his obvious relish in creating an atmosphere of chaos and destabilisation, I often think: I’ve seen this before, in those strange moments when portals seemed to open up into our collective future.
One of those moments arrived in New Orleans after Hurricane Katrina, as I watched hordes of private military contractors descend on the flooded city to find ways to profit from the disaster, even as thousands of the city’s residents, abandoned by their government, were treated like dangerous criminals just for trying to survive.
I started to notice the same tactics in disaster zones around the world. I used the term “shock doctrine” to describe the brutal tactic of using the public’s disorientation following a collective shock – wars, coups, terrorist attacks, market crashes or natural disasters – to push through radical pro-corporate measures, often called “shock therapy”. Though Trump breaks the mould in some ways, his shock tactics do follow a script, and one that is familiar from other countries that have had rapid changes imposed under the cover of crisis.
This strategy has been a silent partner to the imposition of neoliberalism for more than 40 years. Shock tactics follow a clear pattern: wait for a crisis (or even, in some instances, as in Chile or Russia, help foment one), declare a moment of what is sometimes called “extraordinary politics”, suspend some or all democratic norms – and then ram the corporate wishlist through as quickly as possible. The research showed that virtually any tumultuous situation, if framed with sufficient hysteria by political leaders, could serve this softening-up function. It could be an event as radical as a military coup, but the economic shock of a market or budget crisis would also do the trick. Amid hyperinflation or a banking collapse, for instance, the country’s governing elites were frequently able to sell a panicked population on the necessity for attacks on social protections, or enormous bailouts to prop up the financial private sector – because the alternative, they claimed, was outright economic apocalypse.
The Republicans under Donald Trump are already seizing the atmosphere of constant crisis that surrounds this presidency to push through as many unpopular, pro-corporate policies. And we know they would move much further and faster given an even bigger external shock. We know this because senior members of Trump’s team have been at the heart of some of the most egregious examples of the shock doctrine in recent memory.
Rex Tillerson, the US secretary of state, has built his career in large part around taking advantage of the profitability of war and instability. ExxonMobil profited more than any oil major from the increase in the price of oil that was the result of the 2003 invasion of Iraq. It also directly exploited the Iraq war to defy US state department advice and make an exploration deal in Iraqi Kurdistan, a move that, because it sidelined Iraq’s central government, could well have sparked a full-blown civil war, and certainly did contribute to internal conflict.

As CEO of ExxonMobil, Tillerson profited from disaster in other ways as well. As an executive at the fossil fuel giant, he spent his career working for a company that, despite its own scientists’ research into the reality of human-caused climate change, decided to fund and spread misinformation and junk climate science. All the while, according to an LA Times investigation, ExxonMobil (both before and after Exxon and Mobil merged) worked diligently to figure out how to further profit from and protect itself against the very crisis on which it was casting doubt. It did so by exploring drilling in the Arctic (which was melting, thanks to climate change), redesigning a natural gas pipeline in the North Sea to accommodate rising sea levels and supercharged storms, and doing the same for a new rig off the coast of Nova Scotia.
At a public event in 2012, Tillerson acknowledged that climate change was happening – but what he said next was revealing: “as a species”, humans have always adapted. “So we will adapt to this. Changes to weather patterns that move crop production areas around – we’ll adapt to that.”
He’s quite right: humans do adapt when their land ceases to produce food. The way humans adapt is by moving. They leave their homes and look for places to live where they can feed themselves and their families. But, as Tillerson well knows, we do not live at a time when countries gladly open their borders to hungry and desperate people. In fact, he now works for a president who has painted refugees from Syria – a country where drought was an accelerant of the tensions that led to civil war – as Trojan horses for terrorism. A president who introduced a travel ban that has gone a long way towards barring Syrian migrants from entering the United States.
A president who has said about Syrian children seeking asylum, “I can look in their faces and say: ‘You can’t come.’” A president who has not budged from that position even after he ordered missile strikes on Syria, supposedly moved by the horrifying impacts of a chemical weapon attack on Syrian children and “beautiful babies”. (But not moved enough to welcome them and their parents.) A president who has announced plans to turn the tracking, surveillance, incarceration and deportation of immigrants into a defining feature of his administration.
Waiting in the wings, biding their time, are plenty of other members of the Trump team who have deep skills in profiting from all of that.
Between election day and the end of Trump’s first month in office, the stocks of the two largest private prison companies in the US, CoreCivic (formerly the Corrections Corporation of America) and the Geo Group, doubled, soaring by 140% and 98%, respectively. And why not? Just as Exxon learned to profit from climate change, these companies are part of the sprawling industry of private prisons, private security and private surveillance that sees wars and migration – both very often linked to climate stresses – as exciting and expanding market opportunities. In the US, the Immigration and Customs Enforcement agency (Ice) incarcerates up to 34,000 immigrants thought to be in the country illegally on any given day, and 73% of them are held in private prisons. Little wonder, then, that these companies’ stocks soared on Trump’s election. And soon they had even more reasons to celebrate: one of the first things Trump’s new attorney general, Jeff Sessions, did was rescind the Obama administration’s decision to move away from for-profit jails for the general prison population.
Trump appointed as deputy defence secretary Patrick Shanahan, a top executive at Boeing who, at one point, was responsible for selling costly hardware to the US military, including Apache and Chinook helicopters. He also oversaw Boeing’s ballistic missile defence programme – a part of the operation that stands to profit enormously if international tensions continue to escalate under Trump.
And this is part of a much larger trend. As Lee Fang reported in the Intercept in March 2017, “President Donald Trump has weaponised the revolving door by appointing defence contractors and lobbyists to key government positions as he seeks to rapidly expand the military budget and homeland security programmes … At least 15 officials with financial ties to defence contractors have been either nominated or appointed so far.”
The revolving door is nothing new, of course. Retired military brass reliably take up jobs and contracts with weapons companies. What’s new is the number of generals with lucrative ties to military contractors whom Trump has appointed to cabinet posts with the power to allocate funds – including those stemming from his plan to increase spending on the military, the Pentagon and the Department of Homeland Security by more than $80bn in just one year.


The other thing that has changed is the size of the Homeland Security and surveillance industry. This sector grew exponentially after the September 11 attacks, when the Bush administration announced it was embarking on a never-ending “war on terror”, and that everything that could be outsourced would be. New firms with tinted windows sprouted up like malevolent mushrooms around suburban Virginia, outside Washington DC, and existing ones, such as Booz Allen Hamilton, expanded into brand new territories. Writing in Slate in 2005, Daniel Gross captured the mood of what many called the security bubble: “Homeland security may have just reached the stage that internet investing hit in 1997. Back then, all you needed to do was put an ‘e’ in front of your company name and your IPO would rocket. Now you can do the same with ‘fortress’.”
That means many of Trump’s appointees come from firms that specialise in functions that, not so long ago, it would have been unthinkable to outsource. His National Security Council chief of staff, for instance, is retired Lt Gen Keith Kellogg. Among the many jobs Kellogg has had with security contractors since going private was one with Cubic Defense.
According to the company, he led “our ground combat training business and focus[ed] on expanding the company’s worldwide customer base”. If you think “combat training” is something armies used to do all on their own, you’d be right.
One noticeable thing about Trump’s contractor appointees is how many of them come from firms that did not even exist before 9/11: L-1 Identity Solutions (specialising in biometrics), the Chertoff Group (founded by George W Bush’s homeland security director Michael Chertoff), Palantir Technologies (a surveillance/big data firm cofounded by PayPal billionaire and Trump backer Peter Thiel), and many more. Security firms draw heavily on the military and intelligence wings of government for their staffing.
Under Trump, lobbyists and staffers from these firms are now migrating back to government, where they will very likely push for even more opportunities to monetise the hunt for people Trump likes to call “bad hombres”.
This creates a disastrous cocktail. Take a group of people who directly profit from ongoing war and then put those same people at the heart of government. Who’s going to make the case for peace? Indeed, the idea that a war could ever definitively end seems a quaint relic of what during the Bush years was dismissed as “pre–September 11 thinking”.
And then there’s vice-president Mike Pence, seen by many as the grownup in Trump’s messy room. Yet it is Pence, the former governor of Indiana, who actually has the most disturbing track record when it comes to bloody-minded exploitation of human suffering.
When Mike Pence was announced as Donald Trump’s running mate, I thought to myself: I know that name, I’ve seen it somewhere. And then I remembered. He was at the heart of one of the most shocking stories I’ve ever covered: the disaster capitalism free-for-all that followed Katrina and the drowning of New Orleans. Mike Pence’s doings as a profiteer from human suffering are so appalling that they are worth exploring in a little more depth, since they tell us a great deal about what we can expect from this administration during times of heightened crisis.
Before we delve into Pence’s role, what’s important to remember about Hurricane Katrina is that, though it is usually described as a “natural disaster”, there was nothing natural about the way it affected the city of New Orleans. When Katrina hit the coast of Mississippi in August 2005, it had been downgraded from a category 5 to a still-devastating category 3 hurricane. But by the time it made its way to New Orleans, it had lost most of its strength and been downgraded again, to a “tropical storm”.
That’s relevant, because a tropical storm should never have broken through New Orleans’s flood defence. Katrina did break through, however, because the levees that protect the city did not hold. Why? We now know that despite repeated warnings about the risk, the army corps of engineers had allowed the levees to fall into a state of disrepair. That failure was the result of two main factors.
One was a specific disregard for the lives of poor black people, whose homes in the Lower Ninth Ward were left most vulnerable by the failure to fix the levees. This was part of a wider neglect of public infrastructure, which is the direct result of decades of neoliberal policy. Because when you systematically wage war on the very idea of the public sphere and the public good, of course the publicly owned bones of society – roads, bridges, levees, water systems – are going to slip into a state of such disrepair that it takes little to push them beyond the breaking point. When you massively cut taxes so that you don’t have money to spend on much of anything besides the police and the military, this is what happens.

It wasn’t just the physical infrastructure that failed the city, and particularly its poorest residents, who are, as in so many US cities, overwhelmingly African American. The human systems of disaster response also failed – the second great fracturing. The arm of the federal government that is tasked with responding to moments of national crisis such as this is the Federal Emergency Management Agency (Fema), with state and municipal governments also playing key roles in evacuation planning and response. All levels of government failed.
It took Fema five days to get water and food to people in New Orleans who had sought emergency shelter in the Superdome. The most harrowing images from that time were of people stranded on rooftops – of homes and hospitals – holding up signs that said “HELP”, watching the helicopters pass them by. People helped each other as best they could. They rescued each other in canoes and rowboats. They fed each other. They displayed that beautiful human capacity for solidarity that moments of crisis so often intensify. But at the official level, it was the complete opposite. I’ll always remember the words of Curtis Muhammad, a longtime New Orleans civil rights organiser, who said this experience “convinced us that we had no caretakers”.
The way this abandonment played out was deeply unequal, and the divisions cleaved along lines of race and class. Many people were able to leave the city on their own – they got into their cars, drove to a dry hotel, called their insurance brokers. Some people stayed because they believed the storm defences would hold. But a great many others stayed because they had no choice – they didn’t have a car, or were too infirm to drive, or simply didn’t know what to do. Those are the people who needed a functioning system of evacuation and relief – and they were out of luck.
Abandoned in the city without food or water, those in need did what anyone would do in those circumstances: they took provisions from local stores. Fox News and other media outlets seized on this to paint New Orleans’s black residents as dangerous “looters” who would soon be coming to invade the dry, white parts of the city and surrounding suburbs and towns. Buildings were spray-painted with messages: “Looters will be shot.”
Checkpoints were set up to trap people in the flooded parts of town. On Danziger Bridge, police officers shot black residents on sight (five of the officers involved ultimately pleaded guilty, and the city came to a $13.3m settlement with the families in that case and two other similar post-Katrina cases). Meanwhile, gangs of armed white vigilantes prowled the streets looking, as one resident later put it in an exposé by investigative journalist AC Thompson, for “the opportunity to hunt black people”.
I was in New Orleans during the flooding and I saw for myself how amped up the police and military were – not to mention private security guards from companies such as Blackwater who were showing up fresh from Iraq. It felt very much like a war zone, with poor and black people in the crosshairs – people whose only crime was trying to survive. By the time the National Guard arrived to organise a full evacuation of the city, it was done with a level of aggression and ruthlessness that was hard to fathom. Soldiers pointed machine guns at residents as they boarded buses, providing no information about where they were being taken. Children were often separated from their parents.
What I saw during the flooding shocked me. But what I saw in the aftermath of Katrina shocked me even more. With the city reeling, and with its residents dispersed across the country and unable to protect their own interests, a plan emerged to ram through a pro-corporate wishlist with maximum velocity. The famed free-market economist Milton Friedman, then 93 years old, wrote an article for the Wall Street Journal stating, “Most New Orleans schools are in ruins, as are the homes of the children who have attended them. The children are now scattered all over the country. This is a tragedy. It is also an opportunity to radically reform the educational system.”
In a similar vein, Richard Baker, at that time a Republican congressman from Louisiana, declared, “We finally cleaned up public housing in New Orleans. We couldn’t do it, but God did.” I was in an evacuation shelter near Baton Rouge when Baker made that statement. The people I spoke with were just floored by it. Imagine being forced to leave your home, having to sleep in a camping bed in some cavernous convention centre, and then finding out that the people who are supposed to represent you are claiming this was some sort of divine intervention – God apparently really likes condo developments.
Baker got his “cleanup” of public housing. In the months after the storm, with New Orleans’s residents – and all their inconvenient opinions, rich culture and deep attachments – out of the way, thousands of public housing units, many of which had sustained minimal storm damage because they were on high ground, were demolished. They were replaced with condos and town houses priced far out of reach for most who had lived there.
And this is where Mike Pence enters the story. At the time Katrina hit New Orleans, Pence was chairman of the powerful and highly ideological Republican Study Committee (RSC), a caucus of conservative lawmakers. On 13 September 2005 – just 15 days after the levees were breached, and with parts of New Orleans still under water – the RSC convened a fateful meeting at the offices of the Heritage Foundation in Washington DC. Under Pence’s leadership, the group came up with a list of “Pro-Free-Market Ideas for Responding to Hurricane Katrina and High Gas Prices” – 32 pseudo-relief policies in all, each one straight out of the disaster capitalism playbook.

What stands out is the commitment to wage all-out war on labour standards and the public sphere – which is bitterly ironic, because the failure of public infrastructure is what turned Katrina into a human catastrophe in the first place. Also notable is the determination to use any opportunity to strengthen the hand of the oil and gas industry. The list includes recommendations to suspend the obligation for federal contractors to pay a living wage; make the entire affected area a free-enterprise zone; and “repeal or waive restrictive environmental regulations … that hamper rebuilding”. In other words, a war on the kind of red tape designed to keep communities safe from harm.
President Bush adopted many of the recommendations within the week, although, under pressure, he was eventually forced to reinstate the labour standards. Another recommendation called for giving parents vouchers to use at private and charter schools (for-profit schools subsidised with tax dollars), a move perfectly in line with the vision held by Trump’s pick for education secretary, Betsy DeVos. Within the year, the New Orleans school system became the most privatised in the US.
And there was more. Though climate scientists have directly linked the increased intensity of hurricanes to warming ocean temperatures, that didn’t stop Pence and his committee from calling on Congress to repeal environmental regulations on the Gulf coast, give permission for new oil refineries in the US, and green-light “drilling in the Arctic National Wildlife Refuge”.
It’s a kind of madness. After all, these very measures are a surefire way to drive up greenhouse gas emissions, the major human contributor to climate change, which leads to fiercer storms. Yet they were immediately championed by Pence, and later adopted by Bush, under the guise of responding to a devastating hurricane.
It’s worth pausing to tease out the implications of all of this. Hurricane Katrina turned into a catastrophe in New Orleans because of a combination of extremely heavy weather – possibly linked to climate change – and weak and neglected public infrastructure. The so-called solutions proposed by the group Pence headed at the time were the very things that would inevitably exacerbate climate change and weaken public infrastructure even further. He and his fellow “free-market” travellers were determined, it seems, to do the very things that are guaranteed to lead to more Katrinas in the future.
And now Mike Pence is in a position to bring this vision to the entire United States.
The oil industry wasn’t the only one to profit from Hurricane Katrina. Immediately after the storm, the whole gang of contractors who had descended on Baghdad when war broke out – Bechtel, Fluor, Halliburton, Blackwater, CH2M Hill and Parsons, infamous for its sloppy Iraq work – now arrived in New Orleans. They had a singular vision: to prove that the kinds of privatised services they had been providing in Iraq and Afghanistan also had an ongoing domestic market – and to collect no-bid contracts totaling $3.4 billion. The controversies were legion. Relevant experience often appeared to have nothing to do with how contracts were allocated. Take, for example, the company that Fema paid $5.2m to perform the crucial role of building a base camp for emergency workers in St Bernard Parish, a suburb of New Orleans. The camp construction fell behind schedule and was never completed. Under investigation, it emerged that the contractor, Lighthouse Disaster Relief, was in fact a religious group. “About the closest thing I have done to this is just organise a youth camp with my church,” confessed Lighthouse’s director, Pastor Gary Heldreth.
After all the layers of subcontractors had taken their cut, there was next to nothing left for the people doing the work. Author Mike Davis tracked the way Fema paid Shaw $175 per sq ft to install blue tarps on damaged roofs, even though the tarps themselves were provided by the government. Once all the subcontractors took their share, the workers who actually hammered in the tarps were paid as little as $2 per sq ft.
“Every level of the contracting food chain, in other words, is grotesquely overfed except the bottom rung,” Davis wrote, “where the actual work is carried out.” These supposed “contractors” were really – like the Trump Organization – hollow brands, sucking out profit and then slapping their name on cheap or non-existent services.
In order to offset the tens of billions going to private companies in contracts and tax breaks, in November 2005 the Republican-controlled Congress announced that it needed to cut $40bn from the federal budget. Among the programmes that were slashed: student loans, Medicaid and food stamps.
So, the poorest people in the US subsidised the contractor bonanza twice: first, when Katrina relief morphed into unregulated corporate handouts, providing neither decent jobs nor functional public services; and second, when the few programmes that assist the unemployed and working poor nationwide were gutted to pay those bloated bills.

A Katrina survivor’s tale: ‘They forgot us and that’s when things started to get bad’


New Orleans is the disaster capitalism blueprint – designed by the current vice-president and by the Heritage Foundation, the hard-right think tank to which Trump has outsourced much of his administration’s budgeting. Ultimately, the response to Katrina sparked an approval ratings freefall for George W Bush, a plunge that eventually lost the Republicans the presidency in 2008. Nine years later, with Republicans now in control of Congress and the White House, it’s not hard to imagine this test case for privatised disaster response being adopted on a national scale.
The presence of highly militarised police and armed private soldiers in New Orleans came as a surprise to many. Since then, the phenomenon has expanded exponentially, with local police forces across the country outfitted to the gills with military-grade gear, including tanks and drones, and private security companies frequently providing training and support. Given the array of private military and security contractors occupying key positions in the Trump administration, we can expect all of this to expand further with each new shock.
The Katrina experience also stands as a stark warning to those who are holding out hope for Trump’s promised $1tn in infrastructure spending. That spending will fix some roads and bridges, and it will create jobs. Crucially, Trump has indicated that he plans to do as much as possible not through the public sector but through public-private partnerships – which have a terrible track record for corruption, and may result in far lower wages than true public-works projects would. Given Trump’s business record, and Pence’s role in the administration, there is every reason to fear that his big-ticket infrastructure spending could become a Katrina-like kleptocracy, a government of thieves, with the Mar-a-Lago set helping themselves to vast sums of taxpayer money.
New Orleans provides a harrowing picture of what we can expect when the next shock hits. But sadly, it is far from complete: there is much more that this administration might try to push through under cover of crisis. To become shock-resistant, we need to prepare for that, too.
Main photograph: AP Photo/Palm Beach Post/Gary Coronado.
This is an edited extract from No Is Not Enough: Defeating the New Shock Politics by Naomi Klein, published by Allen Lane at £12.99. To order a copy for £11.04, go to bookshop.theguardian.com or call 0330 333 6846. Free UK p&p over £10, online orders only. Phone orders min p&p of £1.99.
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A Socialist Response to COVID-19 by Susan Rosenthal



INSTRUCTIONS on how to ward off COVID-19:


https://amicuscuria.com/wordpress/wp-content/uploads/2020/03/COVID-19video.mp4
The panicked response to the COVID-19 pandemic has unleashed social and economic chaos. A global economy that was teetering on the brink of recession is being pushed over the edge. Medical and social services are overwhelmed, entire populations are thrown into distress, and anxious hoarding is making basic necessities scarce.
Even before the virus hit, 59 percent of adult Americans were living paycheck to paycheck, 44 percent were carrying credit card debt, and only 38 percent had any kind of emergency fund. Any loss in pay or a loss of job would upend their lives. When you stand on shaky ground, it doesn’t take much to tip you over.
Is panic justified?
We do not know if COVID-19 is more lethal than seasonal influenza. The CDC estimates that between 9 and 45 million people get sick from the annual ‘flu, and between 12,000 and 61,000 die. For the sake of comparison: every year 47,000 Americans kill themselves, and motor vehicle collisions kill another 36,000.
We do not have an accurate fatality rate for this virus (the number of deaths divided by the number of infections) because we do not have an accurate count of how many people are infected, including those who did not get sick or suffered only minor illness. A lack of widespread testing means that mild infections are unlikely to be identified, making the virus seem more deadly than it actually is. Also, we do not know how many people test positive who are not infected, how many test negative who actually are infected, and to what extent the different tests in use are equally accurate in identifying this specific virus.
Because we lack such vital information, we cannot know if the current panicked response is warranted, or if mass quarantine, travel restrictions, event cancellations, social isolation, loss of income, and personal crises will end up causing more harm than the virus.
Regardless of the outcome, this crisis reveals hidden truths about capitalism and offers an opportunity for revolutionary transformation.
Hidden truths
Diseases flow across political borders. Despite persistent efforts to divide humanity, the global spread of COVID-19 reminds us that we truly live in one world.
A global challenge demands international cooperation. The capitalist class have proved to be too distrustful, too ambitious, and too competitive to cooperate at the level required.
Science does not guide public policy. Epidemics emerge on a regular basis, most recently SARS in 2002-2004 and H1N1 in 2009. After each pandemic, authorities pledge to prepare for the next one. It’s just talk.
The current epidemic was predicted back in 2015, and detailed strategies to reduce its impact were developed. Nevertheless, the 2019 Global Health Security Index found that no country in the world is fully prepared to handle an epidemic or pandemic. Prevention costs money, and there is no profit in it. When epidemics emerge, both cash-strapped public medical systems and for-profit ones are reluctant to invest in widespread testing and treatment.
When COVID-19 first appeared, American officials did nothing for almost two months. They rejected an early test kit developed by the World Health Organization in order to privilege American providers who failed to produce an accurate test quickly enough and in sufficient numbers. The result has been colossal system failure, a lost opportunity to contain the epidemic, and much unnecessary suffering.
When epidemics escape containment, there are two options. One is to allow the infection to spread until herd immunity is achieved. This strategy is most effective when medical systems have the capacity to treat all cases. When they do not, some people will be left to die.
Modern medical systems are designed for maximum cost-efficiency (lean production) so they have no margin to manage periodic surges in demand. Under such conditions, the only option is to impose mass quarantine, or social distancing. Such measures do not reduce the total number of infections and may not reduce the number of deaths. However, they do slow the speed of transmission, easing the load on medical systems, enabling more people to be treated, and buying time to develop a vaccine.
Social crises reveal the extent of social inequality and also deepen it. Travel bans target some nations and not others. While some industries are forced to close, others continue to operate. The public are ordered to maintain social distance, yet inmates trapped in overcrowded prisons do not have access to soap and hand sanitizers. Virtual classrooms benefit the few, leaving the rest further behind. And where testing and treatment cost money, those who are most likely to get sick are least able to pay.
Worker safety is not prioritized. Epidemics place unbearable pressure on front-line workers, and a planned shortage of personal protective equipment (PPE) puts them in danger. Yet these workers have no say in how public services are funded, equipped, staffed, or organized.
While sick workers should isolate themselves to protect others, 24 percent of all American workers and 69 percent of low-paid ones (making less than $10.80 an hour) have no paid sick leave, and recent US legislation will not help them. Without sick benefits, workers will stay on the job because being broke is worse than being sick.
The ruling class panic when disease threatens them or their bottom line. Nevertheless, they refuse to eliminate the environmental degradation and impoverished conditions that breed disease.
Globally, more than 2 billion people lack access to safe drinking water, 4.5 billion lack basic sanitation services, and close to a billion people do not get enough food. Deadly yet treatable diseases such as TB and HIV/AIDs continue to spread. In 2017, 1.7 million people were newly infected with HIV and 770,000 died from AIDS-related illnesses. When the means exist for everyone to be well, the acceptance of poverty-bred disease can only be understood as a means for eugenically reducing the numbers of destitute people.
The capitalist class respond to every crisis as if it were a war they must fight with weapons of social control. Ordinary people are not treated as valued problem-solvers, but as victims needing saving or as potential troublemakers who must be isolated, kept fearful, and coerced into obedience.
Opportunities
Is it possible to prevent epidemics? What is the best way to contain them? What must we do differently?
COVID-19 has caused enough panic to put seemingly radical reforms on the agenda, including: universal access to medical care; fully funded social services; sick leave benefits for all workers; housing the homeless; and ensuring that everyone is well nourished. Such measures would require a massive transfer of wealth from the capitalist class to the working class. However, the purpose of capitalism is to transfer wealth in the opposite direction, from the many to the few. This is why billions of people are exposed to preventable distress, disease, disability, and premature death, why capitalists fail to act responsibly in response to crises, and why they exploit every crisis as an opportunity to increase their wealth and tighten their grip on society.
The only way that anyone can be truly safe is if everyone is safe. That can happen only when the majority step up and organize themselves to make it so.
Unions around the world are pushing for more effective measures to contain the epidemic and to protect front-line workers. However, the capitalist class resist implementing such measures. That leaves two options: mount enough public pressure to compel authorities to do the right thing (reform); or remove the capitalist class from power so the rest of us can do what needs to be done (revolution). What might that second, revolutionary, option look like?
Where the capitalists stoke fear of others as a source of contagion, we would mobilize the well to care for the unwell.
With the working class in power, we could open the banks and release enough money to massively expand medical and social services. People could organize themselves in every workplace, school, and neighborhood, forming democratic councils to share information, conduct free testing, and ensure free treatment for all who fall ill, financial support for the sick, social support for the quarantined, food for the hungry, and housing for the homeless.
We would give full amnesty to all undocumented persons so they can be tested and treated and join the collective effort to test and treat others.
Overcrowded, unsanitary conditions breed disease, so we would immediately release all immigrants in detention, along with all prisoners being held for non-violent offenses. Once their medical and social needs are met, they could join the social mobilization.
We would eliminate all political borders in order to coordinate local, regional, and global efforts and to enable personnel and equipment to travel where needed.
Wars breed disease and devastation. Ending them would enable us to vastly improve the health of the planet and everyone on it.
In short, we would completely transform our relationships with each other, from divided consumers to united producers. We would also change our relationship with the non-human world, nurturing it so that it can nurture us in return.
If you think such measures are impossible, pie in the sky, a pipe dream, consider this: When all ‘reasonable’ solutions have proved inadequate to the task, then the only road left, however improbable, is the one we must travel.
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WA State Freeway Cameras Map


https://www.king5.com/traffic-cameras
The above link contains a map of cameras with up to the minute photos of traffic across WA State along its interstates.
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Idiot in Chief Checks for Fevers


Trump says he was tested for coronavirus as White House begins checking visitors for fever


Infectious Ted laid in his bed, sickening his wife, he’d not leave her. It’s OK, he pled, for the Whitehouse had said, the virus came only with a fever. This exultation, she demurred, was completely absurd and served only to bereave her.” (w/apologies to Rocky Raccoon)
This is why we’re all gonna die!  The idiot in chief thinks people with no fever cannot be in the contagious stage of COVID-19.
https://www.theolympian.com/news/nation-world/national/article241196666.html?
WASHINGTON, D.C. President Donald Trump told reporters Saturday that he has been tested for the coronavirus, contradicting a White House statement late Friday that he would not take the test. Trump revealed the news during a briefing from the White House coronavirus task force. He said he has not yet gotten the results. Trump and Vice President Mike Pence spoke after a morning meeting of the Coronavirus Task Force.
Pence said a travel ban will be expanded to include the United Kingdom and Ireland starting Monday. Earlier this week, Trump announced a 30-day ban on travel from Europe to the United States. Reporters had their temperatures taken before they were allowed into the White House briefing room. A fever is one of the symptoms of the COVID-19 disease, along with coughing and shortness of breath. “Out of an abundance of caution, temperature checks are now being performed on any individuals who are in close contact with the President and Vice President,” Judd Deere, deputy White House press secretary, said in a statement. Trump said that he, too, had his temperature taken. It was “totally normal,” he said as he left the briefing. He declined to provide the exact degree.
One journalist with a temperature above 100 degrees was turned away, Katie Moore, the vice president’s press secretary, said on Twitter.
According to the White House Medical Unit, the temperature was taken three times over a 15 minute period – all three registered above the @CDCgov 100.4 guidelines.
https://twitter.com/shimonpro/status/1238860956127637505 …
Shimon Prokupecz✔@ShimonPro
CNN White House Team: A journalist was denied entry into the press briefing after having a 99.9 fever. He was trying to get access to the briefing and was turned away and is being held by the press office on the White House driveway
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COVID-19 Health Services

The good news is that there will be no problem with payment of the care providers.
The bad news. In the US, the health care is privitized. Hospitals are run like a business. Which results in minimizing costs, like the number of hospital beds. Per 1,000 inhabitants, the US has only 3.3 hospital beds. That is far less than Japan (14) and also worse than Swaziland.

3-7-20


When the COVID-19 pandemic spreads in the US, it is estimated that eventually 40–70 percent of the people will get infected, a bit like the flu. 80 percent of the infected people will not need medical help. But 20 percent will require hospitalization, and half of that required also Intensive Care, like oxygen. That will result in a demand for 80 beds, not 3.3.
Hospitals in the US are run like businesses. Who do you think will end up in the 3.3 beds? And who will be left at home without care?
Some more background: the US is handling the COVID-19 pandemic really bad. The problem is not lack of resources or the unknown characteristics of the virus. I think that the root of the problem is that president Trump prefers to appoint yes-men instead of capable people.
If capable people would have lead the effort to limit the impact of the COVID-19 pandemic on the US population, they would have taken communication on the pandemic over from the president, they would have ordered massive testing on the virus a month ago, and they would have taken drastic measures to change the current operation of the health care system.
In the US, if you go to a hospital to get tested for the virus, this may result in a 1,000 dollar bill.
In any country where the pandemic is handled professionally, if you want to be tested, you call and a specialized team will come to your home to test you free of charge.
In the US, with 331 million inhabitants, currently only 542 people have been tested for the virus, although doctors are begging to get their patients tested. In China, 20.000 people were tested per day. Just 542 tests, that is not an aggressive approach, that is criminal negligence.
Also, the fatality rate of the virus is not 2 percent, based on the current figures it is 6 percent.
The COVID-19 pandemic will hit the US hard. It will overwhelm the US health care system within one or two months. Not taking measures like what the Chinese did will result in massive numbers of dead people.
See more facts and analysis on the website Corona Truth
Earlier today, Congress passed an $8.3 billion spending package to fund a robust response to COVID-19, a respiratory disease caused by a new strain of coronavirus. I’m closely monitoring the spread of COVID-19 in King and Snohomish counties. We are not aware of any confirmed cases in Mason, Pierce, or Thurston counties. I want to share the following resources with you to answer questions you may have about the virus. For updates on the latest developments on COVID-19 in Washington state, I encourage you to check the Washington State Department of Health (DOH) website .
What is COVID-19?
COVID-19 a respiratory disease caused by a new strain of coronavirus. The virus primarily spreads person-to-person through respiratory droplets by means of coughing or sneezing.
According to DOH, the risk of exposure is increasing for people who live in communities in Washington state with reported spread of COVID-19, though the risk is still relatively low. As you may know, the first case of COVID-19 in the United States was identified in Washington state on January 21, 2020, and the first death from COVID-19 in the United States also occurred in Washington state this past week. The Centers for Disease Control and Prevention (CDC) and DOH are monitoring the situation very closely.
What are the symptoms of COVID-19?
According to the DOH, symptoms can appear 2-14 days after exposure to the virus. Most patients experience mild symptoms. Symptoms of COVID-19 include:
  • Fever
  • Cough
  • Runny nose
  • Headache
  • Sore throat
  • Shortness of breath

How can I prevent the spread of COVID-19?
There is currently no vaccine for COVID-19, and there is no specific antiviral treatment recommended for the virus—in most cases, people with COVID-19 will recover on their own. Nonetheless, the best way to prevent illness is to avoid being exposed to the virus. The CDC recommends everyday preventative actions to help prevent exposure:
  • Avoid close contact with people who are sick
  • Avoid touching your eyes, nose and mouth
  • Stay home when you are sick
  • Cover your cough or sneeze with a tissue, then throw the tissue in the trash
  • Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe
  • Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing or sneezing
  • Avoid travel to countries with travel health notices related to COVID-19. Information about travel to specific countries can be found on the CDC’s website.
To help prevent the spread of the virus to others, the CDC recommends that facemasks should only be used by certain individuals, including people experiencing symptoms of COVID-19 and health care workers. For more information, visit the CDC’s website .
What should I do if I’m experiencing symptoms?
Remember the guidance coming from the CDC and the DOH: If you’re sick with mild symptoms and don’t have an underlying chronic condition, stay home. If symptoms worsen or you have trouble breathing, call your healthcare provider. Your healthcare provider will work with the DOH and CDC to determine whether you need to be tested for COVID-19.
Preparing for the spread of COVID-19:
As our health care agencies continue monitoring the virus in Washington state, facilities you rely on, such as schools and elder care facilities, may experience disruption out of an abundance of caution. Be sure to talk with your loved ones to prepare for potential or unexpected changes to your daily routine.
As new information emerges, please remember that the risk of COVID-19 is not at all connected with race, ethnicity or nationality. You should not make determinations of your risk of catching COVID-19 based on race or country of origin, and be sure to respect the privacy of people with confirmed cases of COVID-19.
Sharing accurate information during a time of heightened concern is one of the best things we can do to keep rumors and misinformation from spreading—the CDC website is an excellent source of information.
What Congress must do:
First and foremost, this is a public health emergency. To contain and mitigate COVID-19, we have activated our public health infrastructure at the federal, state, and local levels. We must continue to deploy the best science to “block and tackle” the virus.
Today, the House of Representatives passed a bipartisan $8.3 billion package to support and bolster these efforts. This critical first step:
  • Provides $950 million to support state public health agencies to expedite COVID-19 testing, infection control at the local level, and other public health preparedness and response activities
  • Reimburses state health agencies (such as DOH) that have been responding to COVID-19
  • Promotes public research for the development and distribution of a COVID-19 vaccine and ensures that any vaccine developed using taxpayer funds must be affordable and accessible

I was proud to support this measure on the House floor earlier today, and I’m pleased that it passed by a wide, bipartisan margin of 415-2. I hope the package reaches the President’s desk as quickly as possible and is swiftly signed into law.
Beyond the immediate public health response, we must also acknowledge that COVID-19 will have significant impacts across our region and economy. Already, global supply chains have been weakened, and U.S. exporters have been impacted.  If the virus continues to spread in the U.S., experts predict it will take a toll on our economy. Congress must address these economic impacts with strong fiscal stimulus to ensure businesses can stay open and families have food on the table. I am pleased that today’s package included $1 billion in loan subsidies for small businesses that have been affected. I will continue to closely monitor the economic impacts of COVID-19 and work with my colleagues to advance legislation that insulates the economy from any potential disruption.
Additional resources:
You can find updated information on COVID-19 and cases in Washington state on the DOH website .
The DOH has also set up a call center to address questions from the public. If you have questions about what is happening in Washington, please call 1 (800) 525-0127 and press # .

FREE VIRTUAL CONSULTATIONS


CHI Franciscan is offering free 24/7 consultations for those with mild symptoms of COVID-19, fever, cough, or other respiratory problems.
Certified healthcare providers can be reached by:
The normal $35 virtual consultation fee can be waived with a coupon code “COVID19.” A free visit is limited to one per person.
The hospital is asking patients to avoid going to the emergency room or urgent care unless symptoms are severe, such as high fever or shortness of breath. Even so, call a primary care doctor or use the virtual care option before heading in, spokesperson Sarah Ninivaggi said.
Quoted from the New York Times, “ Symptoms of this infection include fever, cough and difficulty breathing or shortness of breath. The illness causes lung lesions and pneumonia”

Onset of high fever is one of the first symptoms of Wuhan coronavirus.   Unlike other coronavirus, which affect upper respiratory only, it is a given that it affects both upper and lower respiratory.  Pleurisy is common.  Formally healthy people who’ve been isolated and recovered still report difficulties with shortness of breath, to date.

In New York, they’re publishing the new protocols:  “If you think you’re sick as a result of the novel coronavirus, you can help safeguard your loved ones and community by staying at home, except to get medical care.”

”The current guidance from the Centers for Disease Control and Prevention recommends that you call a medical professional if you notice symptoms and *Live in or have traveled to an area with a known coronavirus outbreak
or
*Have had close contact with someone else who lives in or has traveled to an area with a known coronavirus outbreak
or *Have had close contact with another person who has been infected.”
“Calling your doctor or health professional will help them prepare for your visit and prevent the spread of the virus to other people in the office. Be sure to wear a mask when you go to the doctor’s office and when you’re around other people”
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Kathy Mak’s Coronavirus Blues

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Rule$ for Ruler$: Tyrant$ v. Demagogue$

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20 EQUITY MAXIMS

Audios Discussing Equity – TS 6+7+8 2011

LINK to Folder to Download https://app.box.com/s/2m8hu6r6sw2njropcwh0u8a962kqor6j

Contents

Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be deviated from in specific cases.[2] Snell’s Equity, an English treatise, takes the view that the “Maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication what belongs to another. Indeed it would not be difficult to reduce all under two: ‘Equity will not suffer a wrong to be without a remedy‘ and ‘Equity acts on the person‘”.[3] List of Maxims
  • 1 Equity sees that as done what ought to be done
  • 2 Equity will not suffer a wrong to be without a remedy
  • 3 Equity delights in equality
  • 4 One who seeks equity must do equity
  • 5 Equity aids the vigilant, not those who slumber on their rights
  • 6 Equity imputes an intent to fulfill an obligation
  • 7 Equity acts in personam or persons
  • 8 Equity abhors a forfeiture
  • 9 Equity does not require an idle gesture
  • 10 He who comes into equity must come with clean hands
  • 11 Equity delights to do justice and not by halves
  • 12 Equity will take jurisdiction to avoid a multiplicity of suits
  • 13 Equity follows the law
  • 14 Equity will not aid a volunteer
  • 15 Where equities are equal, the law will prevail
  • 16 Between equal equities the first in order of time shall prevail
  • 17 Equity will not complete an imperfect gift
  • 18 Equity will not allow a statute to be used as a cloak for fraud
  • 19 Equity will not allow a trust to fail for want of a trustee
  • 20 Equity regards the beneficiary as the true owner

List of Maxims:

1. Equity sees that as done what ought to be done

This maxim means that when individuals are required, by their agreements or by law, to perform some act of legal significance, equity will regard that act as having been done as it ought to have been done, even before it has actually happened. This makes possible the legal phenomenon of equitable conversion. Sometimes this is phrased as “equity regards as done what should have been done”. The consequences of this maxim, and of equitable conversion, are significant in their bearing on the risk of loss in transactions. When parties enter a contract for a sale of real property, the buyer is deemed to have obtained an equitable right that becomes a legal right only after the deal is completed. Due to his equitable interest in the outcome of the transaction, the buyer who suffers a breach may be entitled to the equitable remedy of specific performance (although not always, see below). If he is successful in seeking a remedy at law, he is entitled to the value of the property at the time of breach regardless of whether it has appreciated or depreciated. The fact that the buyer may be forced to suffer a depreciation in the value of the property means that he bears the risk of loss if, for example, the improvements on the property he bought burn down while he is still in escrow. Problems may sometimes arise because, through some lapse or omission, insurance coverage is not in force at the time a claim is made. If the policyholder has clearly been at fault in this connection, because, for example, he has not paid premiums when he should have, then it will normally be quite reasonable for an insurer to decline to meet the claim. However, it gets more difficult if the policyholder is no more at fault than the insurer. The fair solution in the circumstances may be arrived at by applying the principle that equity regards that as done that ought to be done. In other words, what would the position have been if what should have been done had been done? Thus, in one case, premiums on a life insurance policy were overdue. The insurer’s letter to the policyholder warning him of this fact was never received by the policyholder, who died shortly after the policy consequently lapsed. It was clear that if the notice had been received by the policyholder, he or his wife would have taken steps to ensure the policy continued in force, because the policyholder was terminally ill at the time and the coverage provided by the policy was something his wife was plainly going to require in the foreseeable future. Since the policyholder would have been fully entitled to pay the outstanding premium at that stage, regardless of his physical condition, the insurer (with some persuasion from the Bureau) agreed that the matter should be dealt with as if the policyholder had done so. In other words, his widow was entitled to the sum assured less the outstanding premium. In other similar cases, however, it has not been possible to follow the same principle because there has not been sufficiently clear evidence that the policy would have been renewed. Another illustration of the application of this equitable principle was in connection with motor vehicle insurance. A policyholder was provided with coverage on the basis that she was entitled to a “no claims” discount from her previous insurer. Confirmation to this effect from the previous insurer was required. When that was not forthcoming, her coverage was cancelled by the brokers who had issued the initial coverage note. This was done without reference to the insurer concerned whose normal practice in such circumstances would have been to maintain coverage and to require payment of the full premium until proof of the no claims discount was forthcoming. Such proof was eventually obtained by the policyholder, but only after she had been involved in an accident after the cancellation by the brokers of the policy. Here again, the fair outcome was to look at what would have happened if the insurer’s normal practice had been followed. In such circumstances, the policyholder would plainly have still had a policy at the time of the accident. The insurer itself had not acted incorrectly at any stage. However, in the circumstances, it was equitable for it to meet the claim.

2. Equity will not suffer a wrong to be without a remedy

When seeking an equitable relief, the one that has been wronged has the stronger hand. The stronger hand is the one that has the capacity to ask for a legal remedy (judicial relief). In equity, this form of remedy is usually one of specific performance or an injunction (injunctive relief). These are superior remedies to those administered at common law such as damages. The Latin legal maxim is ubi jus ibi remedium (“where there is a right, there must be a remedy”), sometimes cited as ubi jus ibi remediam. The maxim is necessarily subordinate to positive principles and cannot be applied either to subvert established rules of law or to give the courts a jurisdiction hitherto unknown, and it is only in a general not in a literal sense that the maxim has force. Case law dealing with principle of this maxim at law include Ashby v White[4] and Bivens v. Six Unknown Named Agents.[5] The application of this principle at law was key in the decision of Marbury v. Madison,[6] wherein it was necessary to establish that Marbury had a right to his commission in the first place in order for Chief Justice Marshall to make his more wide-ranging decision.

3. Equity delights in equality

Where two persons have an equal right, the property will be divided equally. Thus equity will presume joint owners to be tenants in common unless the parties have expressly agreed otherwise. Equity also favours partition, if requested, of jointly held property.

4. One who seeks equity must do equity

To receive equitable relief, the petitioning party must be willing to complete all of its own obligations as well. The applicant to a court of equity is just as much subject to the power of that court as the defendant. This maxim may also overlap with the clean hands maxim (see below).

5. Equity aids the vigilant, not those who slumber on their rights

Vigilantibus non dormientibus aequitas subvenit. A person who has been wronged must act relatively swiftly to preserve their rights. Otherwise, they are guilty of laches, an untoward delay in litigation with the presumed intent of denying claims. This differs from a statute of limitations, in that a delay is particularized to individual situations, rather than a general prescribed legal amount of time. In addition, even where a limitation period has not yet run, laches may still occur. The equitable rule of laches and acquiescence was first introduced in Chief Young Dede v. African Association Ltd[7] Alternatives:
  • Delay defeats equity
  • Equity aids the vigilant, not those who sleep on their rights

6. Equity imputes an intent to fulfill an obligation

Generally speaking, near performance of a general obligation will be treated as sufficient unless the law requires perfect performance, such as in the exercise of an option. Text writers give an example of a debtor leaving a legacy to his creditor equal to or greater than his obligation. Equity regards such a gift as performance of the obligation so the creditor cannot claim both the legacy and payment of the debt.

7. Equity acts in personam or persons

In England, there was a distinction drawn between the jurisdiction of the law courts and that of the chancery court. Courts of law had jurisdiction over property as well as persons and their coercive power arose out of their ability to adjust ownership rights. Courts of equity had power over persons. Their coercive power arose from the ability, on authority of the crown, to hold a violator in contempt, and take away his or her freedom (or money) until he or she purged himself or herself of his or her contumacious (yes it is a word) behavior. This distinction helped preserve a separation of powers between the two courts. Nevertheless, courts of equity also developed a doctrine that an applicant must assert a “property interest”. This was a limitation on their own power to issue relief. This does not mean that the courts of equity had taken jurisdiction over property. Rather, it means that they came to require that the applicant assert a right of some significant substance as opposed to a claim for relief based on an injury to mere emotional or dignitary interests.

8. Equity abhors a forfeiture

Today, a mortgagor refers to his interest in the property as his “equity”. The origin of the concept, however, was actually a mirror-image of the current practice. At common law, a mortgage was a conveyance of the property, with a condition subsequent, that if the grantor paid the secured indebtedness to the grantee on or before a date certain (the “law” day) then the conveyance would be void, otherwise to remain in full force and effect. As was inevitable, debtors would be unable to pay on the law day, and if they tendered the debt after the time had passed, the creditor owed no duty to give the land back. So then the debtor would run to the court of equity, plead that there was an unconscionable forfeiture about to occur, and beg the court to grant an equitable decree requiring the lender to surrender the property upon payment of the secured debt with interest to date. And the equity courts granted these petitions quite regularly and often without regard for the amount of time that had lapsed since the law day had passed. The lender could interpose a defense of laches, saying that so much time had gone by (and so much improvement and betterment had taken place) that it would be inequitable to require undoing the finality of the mortgage conveyance. Other defenses, including equitable estoppel, were used to bar redemption as well. This unsettling system had a negative impact on the willingness of lenders to accept real estate as collateral security for loans. Since a lender could not re-sell the property until it had been in uncontested possession for years, or unless it could show changed circumstances, the value of real estate collateral was significantly impaired. Impaired, that is, until lawyers concocted the bill of foreclosure, whereby a mortgagee could request a decree that unless the mortgagor paid the debt by a date certain (and after the law date set in the mortgage), the mortgagor would thereafter be barred and foreclosed of all right, title and equity of redemption in and to the mortgaged premises. To complete the circle, one needs to understand that when a mortgagor fails to pay an installment when due, and the mortgagee accelerates the mortgage, requiring immediate repayment of the entire mortgage indebtedness, the mortgagor does not have a right to pay the past-due installment(s) and have the mortgage reinstated. In Graf v. Hope Building Corp.,[8] the New York Court of Appeals observed that in such a case, there was no forfeiture, only the operation of a clause fair on its face, to which the mortgagor had freely assented. In the latter 20th Century, New York’s lower courts eroded the Graf doctrine to such a degree that it appears that it is no longer the law, and that a court of conscience has the power to mandate that a default be excused if it is equitable to do so. Of course, now that the pendulum is swinging in the opposite direction, we can expect courts to explain where the limits on the newly expanded equity of redemption lie…and it is probably not a coincidence that the cases that have eroded Graf v. Hope Building Corp. have been accompanied by the rise of arbitration as a means for enforcing mortgages.[9]

8. Equity does not require an idle gesture

Also: Equity will not compel a court to do a vain and useless thing. It would be an idle gesture for the court to grant reformation of a contract and then to deny to the prevailing party an opportunity to perform it as modified.

9. He who comes into equity must come with clean hands

It is often stated that one who comes into equity must come with clean hands (or alternatively, equity will not permit a party to profit by his own wrong). In other words, if you ask for help about the actions of someone else but have acted wrongly, then you do not have clean hands and you may not receive the help you seek. For example, if you desire your tenant to vacate, you must have not violated the tenant’s rights. However, the requirement of clean hands does not mean that a “bad person” cannot obtain the aid of equity. “Equity does not demand that its suitors shall have led blameless lives.”[10] The defense of unclean hands only applies if there is a nexus between the applicant’s wrongful act and the rights he wishes to enforce. For instance, in Riggs v. Palmer,[11] a man who had killed his grandfather to receive his inheritance more quickly (and for fear that his grandfather may change his will) lost all right to the inheritance. In D & C Builders Ltd v Rees,[12] a small building firm did some work on the house of a couple named Rees. The bill came to £732, of which the Rees had already paid £250. When the builders asked for the balance of £482, the Rees announced that the work was defective, and they were only prepared to pay £300. As the builders were in serious financial difficulties (as the Rees knew), they reluctantly accepted the £300 “in completion of the account”. The decision to accept the money would not normally be binding in contract law, and afterwards the builders sued the Rees for the outstanding amount. The Rees claimed that the court should apply the doctrine of equitable estoppel, which can make promises binding when they would normally not be. However, Lord Denning refused to apply the doctrine, on the grounds that the Rees had taken unfair advantage of the builders’ financial difficulties, and therefore had not come “with clean hands”.

10. Equity delights to do justice and not by halves

When a court of equity is presented with a good claim to equitable relief, and it is clear that the plaintiff also sustained monetary damages, the court of equity has jurisdiction to render legal relief, e.g., monetary damages. Hence equity does not stop at granting equitable relief, but goes on to render a full and complete collection of remedies.

11. Equity will take jurisdiction to avoid a multiplicity of suits

Thus, “where a court of equity has all the parties before it, it will adjudicate upon all of the rights of the parties connected with the subject matter of the action, so as to avoid a multiplicity of suits.”[13] This is the basis for the procedures of interpleaderclass action, and the more rarely used Bill of Peace.

12. Equity follows the law

This maxim, also expressed as Aequitas sequitur legem means more fully that “equity will not allow a remedy that is contrary to law. The Court of Chancery never claimed to override the courts of common law. Story states “where a rule, either of the common or the statute law is direct, and governs the case with all its circumstances, or the particular point, a court of equity is as much bound by it as a court of law, and can as little justify a departure from it.”[14] According to Edmund Henry Turner Snell, “It is only when there is some important circumstance disregarded by the common law rules that equity interferes.”[15] Cardozo wrote in his dissent in Graf v. Hope Building Corporation, 254 N.Y 1 at 9 (1930), “Equity works as a supplement for law and does not supersede the prevailing law.” Maitland says, “We ought not to think of common law and equity as of two rival systems.”[16] “Equity had come not to destroy the law, but to fulfil it. Every jot and every title of law was to be obeyed, but when all this had been done yet something might be needful, something that equity would require.”[17][full citation needed] The goal of law and equity was the same but due to historical reason they chose a different path. Equity respected every word of law and every right at law but where the law was defective, in those cases, equity provides equitable right and remedies.

13. Equity will not aid a volunteer

Equity cannot be used to take back a benefit that was voluntarily but mistakenly conferred without consultation of the receiver. This maxim protects the doctrine of choice. This maxim is very important in restitution. Restitution developed as a series of writs called special assumpsit, which were later additions in the courts of law, and were more flexible tools of recovery, based on equity. Restitution could provide means of recovery when people bestowed benefits on one another (such as giving money or providing services) according to contracts that would have been legally unenforceable. However, pursuant to the equitable maxim, restitution does not allow a volunteer or “officious intermeddler” to recover. A volunteer is not merely someone who acts selflessly. In the legal (and equitable) context, it refers to someone who provides a benefit regardless of whether the recipient wants it. For example, when someone mistakenly builds an improvement on a home, neither equity nor restitution will allow the improver to recover from the homeowner. An exception to this maxim can be seen in cases where the doctrine of estoppel applies.

14. Where equities are equal, the law will prevail

Equity will provide no specific remedies where the parties are equal, or where neither has been wronged. The significance of this maxim is that applicants to the chancellors often did so because of the formal pleading of the law courts, and the lack of flexibility they offered to litigants. Law courts and legislature, as lawmakers, through the limits of the substantive law they had created, thus inculcated a certain status quo that affected private conduct, and private ordering of disputes. Equity, in theory, had the power to alter that status quo, ignoring the limits of legal relief, or legal defenses. But courts of equity were hesitant to do so. This maxim reflects the hesitancy to upset the legal status quo. If in such a case, the law created no cause of action, equity would provide no relief; if the law did provide relief, then the applicant would be obligated to bring a legal, rather than equitable action. This maxim overlaps with the previously mentioned “equity follows the law.”

15. Between equal equities the first in order of time shall prevail

This maxim operates where there are two or more competing equitable interests; when two equities are equal the original interest (i.e., the first in time) will succeed.

17. Equity will not complete an imperfect gift

If a donor has made an imperfect gift, i.e. lacking the formalities required at common law, equity will not assist the intended donee. This maxim is a subset of equity will not assist a volunteer . Note the exception in Strong v Bird (1874) LR 18 Eq 315. If the donor appoints the intended donee as executor of his/her will, and the donor subsequently dies, equity will perfect the imperfect gift.

18. Equity will not allow a statute to be used as a cloak for fraud

Equity prevents a party from relying upon an absence of a statutory formality if to do so would be unconscionable and unfair. This can occur in secret trusts and also constructive trusts and so on.

19. Equity will not allow a trust to fail for want of a trustee

If there is no trustee, whoever has legal title to the trust property will be considered the trustee. Otherwise, a court may appoint a trustee. In Ireland, the trustee may be any administrator of a charity to which the trust is related.

20. Equity regards the beneficiary as the true owner

See also

maxim

(redirected from “Equity aids the vigilant, not those who slumber on their rights.”)
Also found in: Dictionary/thesaurusMedicalEncyclopediaWikipedia.

(Equity) Maxims

A broad statement of principle, the truth and reasonableness of which are self-evident. A rule of Equitythe system of justice that complements the Common Law. Maxims were originally quoted in Latin, and many of the Latin phrases continue to be familiar to lawyers in the early 2000s. The maxims were not written down in an organized code or enacted by legislatures, but they have been handed down through generations

of judges. As a result, the wording of a maxim may vary from case to case. For example, it is a general rule that equity does not aid a party at fault. 

This maxim has been variously expressed:

No one is entitled to the aid of a court of equity when that aid has become necessary through
his or her own fault. Equity does not relieve a person of the consequences of his or her own carelessness. A court of equity will not assist a person in extricating himself or herself from the circumstances that he or she has created. Equity will not grant relief from a self-created hardship.
The principles of equity and justice are universal in the common- law courts of the world. They are flexible principles aimed at achieving justice for both sides in each case. No maxim is ever absolute, but all of the principles must be weighed and fitted to the facts of an individual controversy. A rule does not apply when it would produce an unfair result. A party cannot insist that a strict technicality be enforced in his or her favor when it would create an injustice because equity will instead balance the interests of the different parties and the convenience of the public.

The Foundations of Equity

Two maxims form the primary foundations of equity: Equity will not suffer an injustice and equity acts in personam. The first of the se explains the whole purpose of equity, and the second highlights the personal nature of equity. Equity looks at the circumstances of the individuals in each case and fashions a remedy that is directed at the person of the defendant who must act accordingly to provide the plaintiff with the specified relief. Unless a statute expands the powers of an equity court, it can make decrees that concern property only indirectly, phrasing them as decrees against persons. It is said that these are the oldest two maxims of equity. All others are consistent with them.

“He who seeks equity must do equity.”

This maxim is not a moral persuasion but an enforceable Rule of Law. It does not require every plaintiff to have an unblemished background in order to prevail, but the court will refuse to assist anyone whose Cause of Action is founded on his or her own misconduct toward the other party. If, for example, a wealthy woman tricks her intended spouse into signing a prenuptial agreement giving him a token $500 should they Divorce and after marriage she engages in a consistent pattern of conduct leading to a divorce, a court could refuse to enforce the agreement. This maxim reflects one aspect of the principle known as the clean hands doctrine.

“He who comes into equity must come with clean hands.”

This maxim bars relief for anyone guilty of improper conduct in the matter at hand. It operates to prevent any affirmative recovery for the person with “unclean hands,” no matter how unfairly the person’s adversary has treated him or her. The maxim is the basis of the clean hands doctrine. Its purpose is to protect the integrity of the court. It does not disapprove only of illegal acts but will deny relief for bad conduct that, as a matter of public policy, ought to be discouraged. A court will ask whether the bad conduct was intentional. This rule is not meant to punish carelessness or a mistake. It is possible that the wrongful conduct is not an act but a failure to act. For example, someone who hires an agent to represent him or her and then sits silently while the agent misleads another party in negotiations is as much responsible for the false statements as if he himself or she herself had made them. The bad conduct that is condemned by the clean hands doctrine must be a part of the transaction that is the subject of the lawsuit. It is not necessary that it actually have hurt the other party. For example, equity will not relieve a plaintiff who was also trying to evade taxes or defraud creditors with a business deal, even if that person was cheated by the other party in the transaction. Equity will always decline relief in cases in which both parties have schemed to circumvent the law. In one very old case, a robber filed a bill in equity to force his partner to account for a sum of money. When the real nature of the claim was discovered, the bill was dismissed with costs, and the lawyers were held in Contempt of court for bringing such an action. This famous case has come to be called The Highwayman (Everet v. Williams, Ex. 1725, 9 L.Q. Rev. 197), and judges have been saying ever since that they will not sit to take an account between two robbers.

“Equity aids the vigilant, not those who slumber on their rights.”

This principle recognizes that an adversary can lose evidence, witnesses, and a fair chance to defend himself or herself after the passage of time from the date that the wrong was committed. If the defendant can show disadvantages because for a long time he or she relied on the fact that no lawsuit would be started, then the case should be dismissed in the interests of justice. The law encourages a speedy resolution for every dispute. It does not favor the cause of someone who suddenly wakes up to enforce his or her rights long after discovering that they exist. A long unreasonable delay like this is called Laches, and it is a defense to various forms of equitable relief.

“Equity follows the law.”

Equity does not replace or violate the law, but it backs it up and supplements it. Equity follows appropriate rules of law, such as the rules of  evidence and pretrial discovery.

“Equity acts specifically.”

This maxim means that a party who sues in equity can recover the precise thing that he or she seeks rather than monetary damages as a substitute for it. This maxim is the remedy of Specific Performance.

“Equity delights to do justice and not by halves.”

It is the purpose of equity to find a complete answer to the issues that are raised in a lawsuit. It will bring in all the necessary parties, balance their rights, and give a decree that should protect all of them against further litigation on the subject. Whenever necessary, the court will retain jurisdiction in order to supervise enforcement of relief. For example, a lawsuit remains alive as long as an Injunction is in force. Either party may come back into court and apply for reconsideration of the order if circumstances change. Courts also retain jurisdiction when Child Support payments are ordered. The amount can be changed if the child’s needs require an increase or if the supporting parent becomes ill, unemployed, or retired.

“Equity will not suffer a wrong to be without a remedy.”

It is the traditional purpose of equity to find solutions in lawsuits. Where money will not pay for the injury, equity has the authority to find another remedy. This maxim is a restatement of the broad legal principle: Ubi jus, ibi remedium, “Where there is a right, there is a remedy.” The maxim is applied in equity in an orderly way. It does not mean that anything goes. It calls forth recognized remedies for well-established wrongs, wrongs that are invasions of property rights or personal or Civil Rights and that the law considers actionable. A court will not listen to complaints about every petty annoyance or immoral act.

“Equity regards substance rather than form.”

Equity will not permit justice to be withheld just because of a technicality. Formalities that frustrate justice will be disregarded and a better approach found for each case. Equity enforces the spirit rather than the letter of the law alone.

“Equity is equality.”

This maxim means that equity will not play favorites. For example, a receiver who has been appointed to collect the assets of a business in financial trouble must use the income to pay every creditor an equal share of what is owed to him or her. If a Pension fund loses a large amount of money through poor investment, then everyone who is entitled to benefits must suffer a fair share of the loss. Three adult children of a woman who is killed in an auto accident should share equally in any money that is recovered in a Wrongful Death action if the children are the woman’s only surviving close relatives. A judge will depart from this principle only under compelling circumstances, but the rule applies only to parties who are on an equal footing. If, for example, the woman in an auto accident died leaving three young children, then the money that is recovered might be distributed in proportion to each child’s age. A younger child will have lost his or her mother for more years than an older brother or sister. Also, a receiver would have to prefer a secured creditor over those creditors who had no enforceable interest in a particular asset of the company. Unless there is proof that one person in a group is in a special position, the law will assume that each should share equally in proportion to his or her contribution or loss.

“Between equal equities the law will prevail.”

When two parties want the same thing and the court cannot in good conscience say that one has a better right to the item than the other, the court will leave it where it is. For example, a company that had been collecting sales tax and turning it over to the state government found that it had over taxed and overpaid by 2 percent. It applied for a refund, but the state refused. The court upheld the state on the ground that the money really belonged to the customers of the company. Since the company had no better right to the money than the state, the court left the money with the state.

“Between equal equities the first in order of time shall prevail.”

When two parties each have a right to possess something, then the one who acquired an interest first should prevail in equity. For example, a man advertises a small boat for sale in the classified section of the newspaper. The first person to see the ad offers him $20 less than the asking price, but the man accepts it. That person says he or she will pick up the boat and pay for it on Saturday. Meanwhile another person comes by, offers the man more money, and the man takes it. Who owns the boat? Contract law and equity agree that the first buyer gets the boat, and the second buyer gets his or her money back.

“Equity abhors a forfeiture.”

Forfeiture is a total loss of a right or a thing because of the failure to do something as required. A total loss is usually a rather stiff penalty. Unless a penalty is reasonable in relation to the seriousness of the fault, it is too harsh. In fairness and good conscience, a court of equity will refuse to permit an unreasonable forfeiture. This maxim has particularly strong application to the ownership of land, an interest for which the law shows great respect. Title to land should never be lost for a trivial reason— for example, a delay of only a few days in closing a deal to purchase a house. Generally equity will not interfere with a forfeiture that is required by statute, such as the loss of an airplane illegally used to smuggle drugs into the country. Unless the statute violates the due process requirements of the Constitution, the penalty should be enforced. “Equity abhors a forfeiture” does not overcome the maxim that “equity follows the law.” Neither will equity disregard a contract provision that was fairly bargained. Generally it is assumed that a party who does most of what is required in a business contract and does it in a reasonable way, should not be penalized for the violation of a minor technicality. A contractor who completes work on a bridge one day late, for example, should not be treated as though he or she had breached the entire contract. If the parties, however, include in their agreement an express provision, such as time is of the essence, this means that both parties understand that performance on time is essential. The party who fails to perform on time would forfeit all rights under the contract.

Further readings

Hoffer, Peter Charles. 1990. The Law’s Conscience: Equitable Constitutionalism  in America. Chapel Hill: Univ. of North Carolina Press. Kraut, Jayson, et al. 1983. American Jurisprudence. Rochester, N.Y.: Lawyers  Cooperative.

Cross-references

EquityForfeitureLaches.
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85yo Lady Murders Landlord

Cops say 85-year-old killed her roommate over eviction. Firefighters battled a fire at the same house in Federal Way, Washington, where an 85-year-old woman allegedly shot her two roommates and killed one because of fear of being evicted, police say. South King County firefighters arrived to a house fire in the 2000 block of SW 306th Lane on Dec. 30, according to a post on South King Fire’s Twitter account. Police also confirmed that it’s the same address of the shooting that happened two weeks ago, Q13 Fox reported. Beverly Jenne, 85, is charged with first-degree murder and first-degree assault for killing Janet Oyuga and shooting Oyuga’s sister on Dec. 19. According to charging papers, Jenne lived in the house for 40 years, but then it went into foreclosure and was purchased at an auction. Oyuga and her sister then moved in and allowed Jenne to live there. Police said that Jenne left a note saying she had to kill Oyuga because “Janet is not a very nice person,” the Seattle Times reported. “I think she was getting ready to evict me and I’m 85 and no place to go,” Jenne wrote. Crews made their initial entry but due to the amount of damage they are unable to effectively search the entire house. King County Fire Investigators are now in charge of the investigation.
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Officers found Oyuga and her sister with gunshot wounds and Jenne with an electrical cord wrapped around her neck, Federal Way police said. Jenne is in custody with her bail set at $1 million and expected to be arraigned on Jan. 6. The cause of the fire hasn’t been released according to the Seattle Times.
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Dublin Siberian Tiger Attacks Child(ren)

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