What is this "Standing" Business?

The 9th Circuit Court of Appeal heard oral arguments in the Prop. 8 case yesterday.  If you heard or read any of the news reports, you likely heard about the issue of "standing."  In a case that raises big meaty constitutional, philosophical, and moral issues surrounding marriage--same-sex marriage in particular--you might be surprised that the key issue appears to be basically procedural.

So what is this whole "standing" thing, anyway?  Basically, "standing" means that a party to a law suit actually has an interest in the controversy; i.e. they actually suffered an injury because of another party's action.  It's not enough to simply not like something, or to simply be offended by something someone else does.  You have to actually be injured in some way.

Why does this matter?  At the top, it's about practicality.  Lawsuits consume a lot of time, energy, and money--none of which are limitless--so the legal system has to create some method of limiting the number of potential lawsuits.  If we could all sue anyone simply because we didn't like what they were doing, the courts would be even more backlogged than they already are.  The important cases would get lost in the mess; collective injustice being the result because the courts' ability to redress genuine wrongs would be essentially nonexistent.

That would be bad enough on its own, but there is a deeper issue at work as well.  Standing is also about liberty.  If everyone could sue without showing standing--proving they suffered a real injury--then no one could live freely.  Your personal liberty should not be curtailed unless the exercise of that liberty harms others.

Consider the standing issue in the Prop. 8 appeal.  Supporters of Prop. 8 brought suit to keep same-sex couples from marrying.  The court wants to know how same sex marriage actually harms anyone?  Clearly, if there is a fundamental right to marry that the people of California cannot deny same-sex couples, those same-sex couples are injured by Prop. 8's enforcement.  The same cannot be said of people who oppose same-sex marriage.  Sure, they may not approve but that is thin ice in terms of injury.  Essentially, the court is asking Prop. 8 defenders, "where's the beef?"

Torture? What Torture?

Watching the Giants in the Mission

Folsom Street Fair: Pluralism Baby

Last weekend was San Francisco's Folsom Street Fair.  For the uninitiated, Folsom is a celebration of the leather arts.

My wife and I were on our way to the East Bay during the Fair and passed this Auntie buying fruit while some fair-goers waited for the walk signal.  Two guys in assless chaps and leather cod-pieces didn't faze her at all.  I love San Francisco.

The Tea Party

Superfans - US Soccer Fan Fails Part 1

Believe it or not, his outfit is the least of his problems.

Happy as I am that the US managed a tie against England on Saturday, it makes me a bit worried.  There was a certain type of US soccer fan that was bad enough before.  Now?  I'm getting worried.

It can only get worse from here.  Superfans were bad enough when the US never won anything important.  No matter how tiny and inept the other team was, these guys would celebrate like we won the World Cup itself.  If you didn't get excited that we outscored Guam, they'd accuse you of personally holding back the American soccer program.

The worst was that they'd always get excited that we qualified for the Cup.  We play in CONCACAF, guys.  Mexico is good but the rest?  Not so much.  It's like bragging about how you were first in your class in kindergarten.  Nicely done; everyone else was eating paste.

If the US manages to make it into the next round, it's all over.

"Lost", Fu Manchu, and Corporate Governance

I'm one of those "Lost" fans that can't help themselves. The writers keep throwing out so-called explanations that just make less sense than the original nonsense but persist. I just want some closure.

Since I'm not a complete idiot, I realize the "Lost" writers will deny me that basic human need. So I'm forced to find meaning in my addiction through alternate means.

In the most recent episode, "Lost" reminded me of a bit of comparative corporate governance insight buried in the show's convoluted storylines. If you think this is a stretch, bear with me for just one second.

Michael Jackson, Iran, and Anticipation

I know it's a big deal that Michael Jackson died, and it's a big deal in Germany too (they love him here), and that Iran is holding the world on edge, but I only care about one thing right now.

Public Service Announcement

1. Americans do not watch class action suits like they are the Roman games.
2. That woman burned by the McDonald's coffee? She was disfigured for life in some very sad, personal ways, and this had happened to more than McD's customer before. The jury smacked McDonald's because McDonald's was negligent and callous and disregarded basic standards of human decency.
3. We have a more or less non-existent social welfare system. When we get hurt and lose our jobs, we don't still get to take our two week national naptime (I'm looking at you, Holland).
4. Some of us have actually heard of your country and do know where to find it on the map.
5. You need immigrants, you idiots. Shut up and let them make money.
6. Seriously, guy - I know more about your country than you know about mine. Cut me some slack. I really like it here. I happily disfigure your language all the time. I even made a joke in German today. That's the second this week. Yes, dammit - I play soccer all the time . . . and, yes, I understand offsides.