Justice Run Amok: Rules That Make No Sense

When Dan White killed San Francisco supervisor Harvey Milk and Mayor George Moscone in 1978, but argued successfully that he had diminished capacity because of a depression that was exemplified by eating too much junk food, the "Twinkie Defense" was born. In December 2003, U.S. Rep. Bill Janklow of South Dakota was convicted of manslaughter for causing a traffic fatality, despite a defense that he had diminished capacity due to low blood sugar from his diabetes. Presumably, then (though Janklow did not specifically say so), the accident, the death, and his conviction would never have happened if only he had eaten some Twinkies.

Just as the towns of Kennesaw, Ga., and Virgin, Utah, had done, the 50-home village of Geuda Springs, Kan., through its town council, voted in November to require every household to own a working firearm, for "emergency management." (Later, the mayor vetoed the ordinance, but it will be reconsidered in February.)

Timothy Paul Kootenay, 43, jailed in Aspen, Colo., in November on a California warrant for probation violation, said he would fight extradition on the ground that he is a citizen of the notorious "Republic of Texas" and that, actually, Aspen and Vail are located on a sliver of land that is also part of the Texas nation. Kootenay's separatist colleagues (some of whom have taken up arms) believe that Texas was never legally annexed by the U.S. and is thus a sovereign nation that should respond only to international law.

Daniel Smith, 45, written up for traffic violations after a minor accident in Independence, Mo., in November, became the latest person to take seriously the idea that he could assert a "copyright" over his name and expect the police (i.e., the taxpayers) to pay him $500,000 per use for writing his name on the traffic tickets (plus $1 million as a late fee if the government didn't pay in 10 days). Smith refused to take his license back from the officer until he was issued a "receipt," which he pointed out earned him another $500,000.

In November, the town of Bolinas, Calif., voted 314-152 to adopt the following ballot measure [the official wording]: "Vote for Bolinas to be a socially acknowledged nature-loving town because to like to drink the water out of the lakes to like to eat the blueberries to like the bears is not hatred to hotels and motor boats. Dakar. Temporary and way to save life, skunks and foxes (airplanes to go over the ocean) and to make it beautiful." A San Francisco Chronicle reporter attributed the town's support for it to the fact that its sponsor, artist Jane "Dakar" Blethen, is a beloved, though eccentric, local character.

The New York Times reported in October that Nabors Industries (operator of oil- well drilling rigs), which in 2001 moved its legal headquarters from the U.S. to Barbados (corporate income tax: 1 percent) and its tax headquarters to a maildrop in Bermuda (no corporate income tax), is now insisting that it receive favored U.S. legal status. Nabors wants to be treated as an American-owned company to get a competitive advantage under the 80-year-old Jones Act that bars non-U.S. companies from working on ships involved in domestic trade.

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