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Vote fraud: Myth-busting in Ohio

Max Brantley — Fri, 24 May 2013 05:00:00 -0500

This is really important, since the Republican-majority legislature in Arkansas just joined the "vote fraud" brigade with Voter ID legislation designed to depress turnout among traditional Democratic constituencies.

At the link, Josh Marshall of Talking Points Memo reports on a deep and systematic study of whether vote fraud exists in Ohio — by a Republican officeholder, the secretary of state of Ohio. The Republican directed all counties to investigate all cases of potential fraud and came up with 625 cases of irregularities in 2012 voting. Bottom line, in addition to the Republican secretary of state himself now using the word "hyperbole" about claims of fraud:

... even with an especial emphasis on finding every instance of potential fraud, they appear to have come up with 135 - and most of those were apparently caught by the simple non-voter ID methods all good canvassers use. So guilt notwithstanding, those instances had no actual effect on the race in question.

As Husted put it, “Voter fraud does exist, but it is not an epidemic. To put this into context, … that’s 135 referrals out of more than 5.6 million votes cast.”

The numbers speak for themselves. If anything I would say Husted still somewhat exaggerates the scale of the problem. But the guy deserves credit for putting this all out there.

Two points I’d make.

The first is that what really turns elections is organized vote fraud and organized voting fraud almost always requires the involvement of election administrators. This is why voter ID is itself such a fraud in my mind because it provides zero protection against the kinds of fraud that are real dangers to elections.

Second, there are clearly people who will vote in two states or try to vote absentee and then vote on election day. No sane person has ever denied this. But there are very, very, very few of them. The issue with election policy is always balancing the costs with the benefits. There’s no free lunch.

It has never been about fraud. It has always been about suppression. That's why a Koch-funded outfit invented it.

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Details emerge on Arkansas "private option" for Medicaid expansion

David Ramsey — Thu, 23 May 2013 21:24:06 -0500

The House and Senate Public Health committees met today to hear updates on the “private option” plan for expanding healthcare coverage. Key Republican lawmakers — particularly Rep. John Burris, Sen. Jonathan Dismang, and Sen. David Sanders — have been working closely on an informal basis with the Department of Human Services and the Insurance Department to develop the policy details since the session ended, but frequent check-ins with other lawmakers are likely in the interim between sessions. Burris said he anticipates meeting on the plan at least on a monthly basis, and said there was a need for “legislative input…to make sure it’s implemented correctly.” He noted several times that a legislative supermajority approval for the appropriation will be needed each year. Should be fun!

DHS Director John Selig, Surgeon General Joe Thompson, and Exchange Director Cynthia Crone testified. After the jump, some of the policy details and lingering questions that emerged.

Timeline for the private option
State health officials are working on the waiver request to ask federal permission for the “private option,” which would use Medicaid dollars to buy private health insurance for low-income Arkansans on the healthcare exchange, a regulated marketplace. They expect to have a draft finished in June. It will then be open to public comment in July and sent to the feds for approval in August. They are hoping to get a response by October 1 (when open enrollment begins). Approval is highly likely, as communication has been frequent between federal and state officials and there don’t appear to be any major roadblocks.

Carriers on the exchange
The insurance department is currently expecting between 6 to 8 health-insurance carriers to apply to sell on the exchange, a potentially dramatic increase in competition for a state currently dominated by Blue Cross Blue Shield. (Insurance Commissioner Jay Bradford claimed in a phone interview earlier this month that this is around double the amount that would have applied without the additional number of customers gained via the “private option.”) Letters of intent are due June 3, with full applications due at the end of June. Plans must be approved and sent on to the feds by July 31. That gives the Insurance Department only one month to complete the approval process, an extremely compressed timeframe. Crone said that Arkansas had the latest deadlines in the country because they wanted to give carriers time to evaluate the "private option."

Worth noting that the two timelines above mean that carriers will have to decide whether they want to participate on the exchange before the state receives final approval for the "private option." Sounds like state officials are working hard to assure carriers. Crone argued that consumers are likely to stick with the plan that they choose in the first year, so carriers interested in the new customer base will be motivated to get on the ground in Year One.

Two different portals
The electronic portal for the federal exchange — basically a website that will allow folks to enroll in a health insurance plan — will not be usable for the expansion pool (people below 138 percent of the federal poverty level who will be newly eligible for insurance under the “private option”). This means DHS will have to create their own portal just for the Arkansas expansion pool. DHS officials acknowledge that this will be a difficult task but say it’s the sort of bump in the road they anticipated. A “private option” portal will be incorporated into the new electronic eligibility and enrollment system currently under development. DHS officials do not know what additional cost this will impose but expect that it will be covered under the additional administrative costs built into their overall estimates for the “private option.” The feds will pick up 90 percent of these admin costs. Cost aside, this could represent a significant hiccup for enrollment, as initially a significant number of people will likely attempt to sign up on the federal portal only to find out that they need to switch to the separate portal for the Arkansas “private option.”

No competitive bidding
The expansion pool will be eligible for “silver” qualified healthcare plans (plans are rated bronze, silver, or gold based on the amount of coverage) and their premiums will be fully paid for by the government. Originally, part of the “private option” idea was that recipients would have to choose between, say, the two cheapest silver plans if they wanted the premiums fully subsidized. This would help drive down costs, as carriers would compete to be among the two cheapest.

Instead, people in the expansion pool will be able to pick any “silver” qualified plan. The "private option," at least in the first year, will not feature any form of competitive bidding between carriers. That means more choices, but it also means that the marketplace will have more than 200,000 customers who aren’t price sensitive at all (remember, the government is picking up the tab, so there is no motivation for the consumer to skimp on price). That would tend to drive up costs and calls into question some of the bolder estimates about the impact of competition from DHS and lawmakers like Burris and Sanders. There are some mitigating factors: carriers will be competing on price for other non-expansion consumers in the marketplace, and the Insurance Department will be charged with conducting actuarial analyses and only approving plans with non-excessive prices (presumably extreme outliers wouldn’t get approved). Selig told me that they may employ competitive bidding down the road but that their main goal in the first year was to attract as many carriers as possible; he also said that initial costs for new carriers may be higher as they build up networks. DHS spokesperson Amy Webb said, “We do ultimately believe that the expansion will drive costs down. But the focus right now is making sure we have a healthy marketplace. What we do in the first year is not necessarily what we’ll do every year.”

The guides
As part of the Affordable Care Act, federally funded "guides" and "navigators" will be trained, licensed, and tasked with education and outreach to make sure that folks know they're eligible for coverage and understand the process of enrollment. The Insurance Department will work with 30 entities in the state — ranging from state agencies to private companies to local community organizations — to hire 637 guides (at $12 an hour) to help facilitate the Affordable Care Act enrollment process in every county in the state. Of these, 100 guides will be working on the "private option" expansion pool. Burris said multiple times that he believed this aspect of the ACA would be a disaster, and often jokes about the reception in Boone County awaiting government workers with clipboards knocking on strangers' doors. But the truth is that the effectiveness of guides will be a key to making the "private option" work. Most people in the expansion pool will be too low-income to fall under the federal mandate to buy insurance. If healthy people don't enroll because they find that signing up is a hassle, or confusing, or they don't realize they're eligible — that means an unhealthier marketplace (the dreaded "adverse selection"), which means higher prices. That's where the guides could be a difference maker, assuming they can survive Boone County. Either way, they're going to continue to be a political lightning rod, with multiple Republicans worrying about oversight and Rep. Kim Hammer fretting that one of the coordinating entities in his county — a not-for-profit focused on reproductive health and HIV prevention — might use the guides as a "backdoor approach" to advance their "interests and agenda."

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Must read: Roy Reed's obituary on Orval Faubus' sister

Max Brantley — Thu, 23 May 2013 20:49:20 -0500

It's plugged at the top of the page, but don't fail to read Roy Reed's obituary for Orval Faubus' sister, Bonnie Lou Salcido, and the story it tells about Faubus family opposition to his stance that created the constitutional crisis in Little Rock.

Rich Arkansas history from a veteran journalist eyewitness.

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Extras wanted for filming of Brandon Burlsworth movie at War Memorial Stadium

Max Brantley — Thu, 23 May 2013 18:41:00 -0500

So you want to be in pictures?

Here's an opportunity.

The War Memorial Stadium announced today that makers of the movie "Greater," about the forrmer Razorback lineman Brandon Burlsworth, are looking for 800 extras for filming of scenes of the movie June 3 at the stadium.

News release follows.

The War Memorial Stadium Commission is pleased to announce that parts of the film, “Greater” will be filmed at War Memorial Stadium. The film is about former Razorback football player, Brandon Burlsworth.

Brandon Burlsworth was an offensive lineman for the Arkansas Razorbacks football team from 1996-1998. He joined the team as a walk-on and eventually became an All-American. Burlsworth was the first Razorback football player to complete a master's degree before playing in his final game. Shortly after graduating, he was selected in the third round of the 1999 NFL Draft by the Indianapolis Colts. Eleven days after being drafted, he was killed in a car accident near Alpena, Arkansas on his way back to is hometown of Harrison one night after a workout in Fayetteville.

In 2001, the book “Eyes of a Champion, the Brandon Burlsworth Story” by Jeff Kinley was released. A screenplay titled “Greater” has been written based on the book.

Morgan Casting Company has been hired to cast the film and is currently looking for 800 extras. Filming at War Memorial Stadium will take place from June 3. Extras will be needed from 6pm until midnight throughout the week.

If you are interested in becoming an extra in the film, please email your gender, age and a photo to greaterextras@gmail.com. For additional information on the film,

please go to www.facebook.com/GreaterExtras

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Boy Scouts to allow openly gay scouts

Max Brantley — Thu, 23 May 2013 18:06:00 -0500

From the New York Times:

The Boy Scouts of America on Thursday ended its longstanding policy of forbidding openly gay youths to participate in its activities, a step its chief executive called “compassionate, caring and kind.”

60 percent of 1,400 participating Scout leaders approved the change. It does not extend to scout leaders, which still amounts to a tacit statement of its own. For that matter, it doesn't allow gay adults at the outer edge of Scout membership. Would an Eagle Scout still participating at age 18 be forced to quit?

The National Gay and Lesbian Task Force called the change a "monumental step forward," but added, “Boy Scouts' leadership should stop clinging to a policy of exclusion and scrap the ban, once and for all. It’s long past time for a fully inclusive Boy Scouts of America.”

There will be fallout — in the short run, I'd guess, more negative than the positives will come from removal of an official exclusionary policy.

Hard as this step has been to achieve, I admit some softening in my feelings on the issue. But until all are treated equally, there's work to be done. And to the extent the fallen Eagles might have helped encourage this vote, there's nothing to regret.

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Riverfest Eve open line: Democrats rip Tim Griffin; Arkansas Tech joins no-gun list

Max Brantley — Thu, 23 May 2013 16:00:51 -0500

The line is open. Final words:

* TIM 'TAR SANDS PIPELINE' GRIFFIN: It's no surprise that Republican Rep. Tiny Tim Griffin voted again last night to hurry up the Keystone XL pipeline, even if the president were to veto it. It's not surprising he also voted against Democratic efforts to close loopholes that allow some energy companies to avoid paying into a fund for cleanups. He hasn't been holding Exxon Mobil accountable for much up in Mayflower, either, Democrats say. Read their particulars on Griffin's oil-friendly record here. Democrats also are pounding Griffin and other Republicans for House approval of a student loan program revise that will be more costly to students than the Democratic alternative. President Obama has threatened to veto the Republican plan, which can't pass the Senate.

* AND SPEAKING OF TAR SANDS: Central Arkansas Water today distributed copies of a letter signed by various government leaders (including Tiny Tim, who probably had his fingers crossed when he signed it) setting what they believe are needed conditions before Exxon Mobil reopens the Pegasus pipeline. In the long run, the best course is moving the pipeline out of the Lake Maumelle watershed, the letter says. CAW also released a letter to federal regulators asking that reopening not be approved until various inspection, emergency planning and other measures are accomplished.

* ARKANSAS TECH RAISES TUITION; BANS GUNS: The Arkansas Tech University Board of Trustees joined UA and ASU today in unanimously opting out of the Republican legislation to allow faculty and staff to carry concealed weapons on its campuses in Russellville and Ozark. The Board also voted tuition increases, which on a semester-hour basis at the undergraduate level, will rise 6.4 percent. But a news release noted that total cost to Tech next year will still be lowest of the five institutions with more than 10,000 students in the state.

* 'WHAT EXACTLY ARE THEY TEACHING AT HARVARD LAW?': The bad reviews of Tom Cotton's North Korean-style proposal to punish people who happen to be related to evil-doers from Iran continue to roll in. Here, a Houston Chronicle writer asks the lead-in question and gets to the core of the answer:

Simultaneously frustrated, infuriated, and perplexed by the election and reelection to the presidency of someone they loathe and can’t imagine anyone else liking, demonstrably smart people like Cotton and fellow HLS alum Ted Cruz have rationalized that anything they say, no matter how cuckoo can be justified by the horror of having to live under the Obama Administration.

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Historic Preservation Alliance's 2013 list of endangered structures

Max Brantley — Thu, 23 May 2013 14:12:00 -0500

It's time for the Historic Preservation Alliance's annual list of historic structures in danger of being lost.

This year's list:

* Hantz & Durst Houses, 1950 & 1951, 855 & 857 Fairview St., Fayetteville, Washington County

* Ferguson House, 1861, 416 North 3th Street, Augusta, Woodruff County

* Frith-Plunkett House, c. 1858, 801 Main Street, Des Arc, Prairie County

* Park Hill Elementary School, 1924, ~~2700 N. Poplar St.,~~ 3801 JFK Boulevard, North Little Rock, Pulaski County

* Roundtop Filling Station (Happy's Service Station), 1936, Old Highway 67, Sherwood, Pulaski Co.

* St. Joseph's Home, 1910, 6800 Camp Robinson Rd., North Little Rock, Pulaski County

* Wynne Opera House, c. 1900, 218 S. Front Street, Wynne, Cross County

Full details here.

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UPDATE: University of Arkansas Board votes to keep guns off campuses

Max Brantley — Thu, 23 May 2013 13:01:03 -0500

Flash from David Goins at Fox 16:

The University of Arkansas Board of Trustees voted to opt out of Republican Rep. Charlie Collins' new law to allow college and university staff to carry concealed weapons on campus. The vote was unanimous and applies to all 11 UA campuses. Evie Blad of the Arkansas Democrat-Gazette tweeted that campus leaders at the meeting applauded the vote.

Awaiting word on Arkansas State University Board today on same issue.

UPDATE: The ASU Board also voted unanimously against guns on its four campuses.

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Supreme Court says 1979 Cornish hen theft makes sheriff ineligible to serve

Max Brantley — Thu, 23 May 2013 12:53:00 -0500

The Arkansas Supreme Court today reversed a lower court and said Searcy County Sheriff and Collector Kenny Cassell's 1979 conviction on a federal misdemeanor theft charge for stealing Cornish hens from a Tyson's interstate shipment made him ineligible to hold office.

The state's petition to remove Cassell will go back to the lower court for granting of the order, if he doesn't resign before then. So far, he hasn't commented.

The Supreme Court has now made it clear several times that a misdemeanor CAN meet the 1874 Constitution's definition of an infamous crime that makes someone ineligible for Arkansas office.

Circuit Judge David Clinger had decided that the state had to show not only that there was a crime of dishonesty but that the conviction "impugned the integrity of the office or directly impacted Cassell’s ability to serve" to justify removal.

Justice Cliff Hoofman, writing for a unanimous court (with Justices Hart and Baker not participating, but replaced by special justices), said there was no two-part test. Past cases hold, he said, that "...a crime that involves dishonesty or deceit constitutes an “infamous crime” under the Arkansas Constitution, which bars the offender from holding public office. ... An “infamous crime” by its nature impugns the integrity of the office and directly impacts the person’s ability to serve as an elected official."

You can chalk this up as, effectively, a putdown of 2013 legislation by the Arkansas General Assembly. In Act 724, the legislature endeavored to interpret what the Constitution meant by infamous crimes in the law on qualifications to run for office. It retained misdemeanor theft as an enumerated infamous crime, among others. But an uncodified portion of the measure said a court should also "measure certain variables, such as the attendant mental state of the offense, the particular circumstances surrounding the charged offense, the age and education of the person committing the offense, and, if the offense occurred before the person has assumed public office, the age of the person at the time of the conviction itself."

Hoofman rejected such thinking. “Under the plain language of the Constitution it is the fact of conviction that disqualifies a person from holding public office.”

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Paper, Scissors, Little Rock: coming to River Market district

Leslie Newell Peacock — Thu, 23 May 2013 12:05:00 -0500

If you are down in the River Market district this weekend for Riverfest, you might drop by a do-it-yourself studio and gift shop in the Tuf-Nut Building, Paper, Scissors, Little Rock. Macy Madison is planning on a soft opening for her store to take advantage of the weekend's festivities and plans a grand opening in late June.

The gifts will be "Arkansas and Southern inspired," Madison says, and the studio a place for folks to share creative ideas for such crafts as knitting, jewelry making and other Pinterest-inspired items. Among the artists the shop has signed on are fabric artist Gingiber (see above), Olivia Trimble of Fayetteville (hand painted wood signs) and Little Rock jeweler Cindi Booth, and Madison says she is working on a collaboration with five BFA graduates from UALR to show their work.

Madison is able to open the store thanks to microloans from the Kiva Zip program; see more about store on the P, S, LR Facebook page.

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Whirlpool sued over groundwater pollution near Fort Smith plant

Max Brantley — Thu, 23 May 2013 11:58:00 -0500

Fort Smith residents have filed a lawsuit over chemical contamination of the groundwater in the neighborhood of Whirlpool's now-closed refrigerator factory in Fort Smith.

Here's some good background from The City Wire, a Northwest Arkansas digital news site. It recently reported:

Documents reviewed by The City Wire show Fort Smith city officials knew about Whirlpool's plan to request a groundwater well ban as early as June of last year and that Whirlpool may not have been forthcoming with the city or the Arkansas Department of Environmental Quality about its request.

Whirlpool finally disclosed the situation because it wanted the ordinance, since pulled down, as an aid to selling the site.

Details on the lawsuit follow:

NEWS RELEASE

Fort Smith, AR (May 23, 2013) — Residents and landowners of the neighborhood north of the former Whirlpool facility in Fort Smith, Arkansas filed suit today in Sebastian County Circuit Court. The two suits seek damages from Whirlpool for the harm caused by a trichloroethylene (TCE) plume emanating from the facility.

The suits allege that Whirlpool used TCE at the facility beginning in 1967 to clean appliances prior to painting. Documents submitted to the Arkansas Department of Environmental Quality by Whirlpool’s environmental consultant show the TCE plume extends to the subsurface below dozens of properties. The suits further allege that Whirlpool discovered TCE below its facility in the 1980s, but that property owners did not learn of the TCE plume until January of 2013, when Whirlpool proposed a city ordinance to ban drinking water wells in the neighborhood.

TCE is a volatile organic compound. Industrial users have historically used it as a solvent. It is a known carcinogen that can cause adverse impacts to human health and the environment. TCE can break down into harmful daughter products, such as vinyl chloride, after it is released to the environment.

Counsel for the plaintiffs include Sam Ledbetter and Ross Noland of McMath Woods P.A. in Little Rock, and Rick Woods of Taylor Law Partners, LLP in Fayetteville. McMath Woods P.A. represents clients in environmental and personal injury cases. Taylor Law Partners is a general litigation firm comprised of experienced trial attorneys who represent clients at both the trial and appellate levels.

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UA Board approves slate of reduced tuition increases

Max Brantley — Thu, 23 May 2013 11:45:00 -0500

More from the University of Arkansas Board of Trustees meeting, courtesy of Fox 16's David Goins on Twitter:

The trustees split sharply, but voted 5-4 for the slate of tuition increases for UA campuses as reduced earlier by a board committee. That panel recommended, for example, a 3.5 percent rise for UALR, rather than the 4.9 percent that had been requested.

The Arkansas State University Board of Trustees also approved similar tuition increases today: 3.3 percent at Jonesboro, 3.5 percent at Beebe, 1.2 percent at Mountain Home and 2.3 percent at Newport.

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House begins videos of state representatives

Max Brantley — Thu, 23 May 2013 11:39:00 -0500

Would you like to spend 2:22 listening to Republican Rep. Doug House of North Little Rock? If so, click the YouTube above.

House happens to be the first video biography online at the House website. The House communications staff will add them one at a time until all are done. A news release explains:

As part of an ongoing effort to increase communication between members and constituents, the Arkansas House of Representatives will soon be releasing video biographies of its members.

“The public may know that a member serves on a particular committee or how he or she voted on a hot-button issue. But unfortunately, the public may know very little about the district that individual represents or why that member got involved in public service in the first place,” said House Speaker Davy Carter. “Partisanship is at its lowest when members know one another personally. We hope when members share their personal story with the public, it will have the same impact.”

The House Communications Office purchased the video and editing equipment in 2009 as part of its public transparency initiative to broadcast its proceedings. There is no additional cost for the production of the video biographies.

The House will release the videos one at a time throughout the remainder of the 89th General Assembly via our social media and website arkansashouse.org. Once released, the videos will be made available on the member’s individual bio section on the House website.

You can follow the House on Twitter at @ArkansasHouse or on Facebook at www.facebook.com/ArkansasHouse.

I dunno. I'm glad for Doug House that he has some cute grandkids and reads "voraciously". Doesn't make me like his partisan voting record very much.

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Little Rock: Very religious, also fond of pornography

Max Brantley — Thu, 23 May 2013 11:11:00 -0500

The Little Rock metropolitan area (which includes Conway, Sen. Rapert) is a place with a rich and deep religious tradition.

It ranked 10th on a recent Gallup tracking poll of the "most religious" cities in the United States, with 54 percent describing themselves as very religious. Had we edged up one more point, we'd have been in a tie for 4th.

Well. Pornhub (you'll have to look it up yourself) took the Gallup list and ranked the religious cities by per capita visits to the site, which markets hardcore videos, between Dec. 1, 2012 and April 30.

Buzzfeed has compiled the results in a handsome spread complete with photos. LR/NLR/Conway came in at No. 3, with 18.8 Pornhub views per capita.

This doesn't mean there are any websurfing hypocrites here. It just might be that the not-so-religious are REALLY fond of Pornhub. I do note that Montgomery, Ala., where 64 percent say they are very religious, ranked No. 2 with 21.9 Pornhub views per capita. Their irreligious must REALLY REALLY like Pornhub.

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Democrats go after Cotton for trying to criminalize family relationship

Max Brantley — Thu, 23 May 2013 10:53:00 -0500

The Democratic Senatorial Campaign Committee is going after expected Republican Senate candidate Tom Cotton over some wacky legislating yesterday.

Will extremism hunt in an Arkansas election? The DSCC is rolling it out in support of Sen. Mark Pryor, typically knocked for his mushy middlist approach.

Extreme Ideologue Tom Cotton Tries to Eliminate Due Process For Family Members Of Accused

Tom Cotton is clearly wasting no time trying to push his extreme right wing agenda through Congress. Yesterday, Cotton introduced an amendment to “automatically” institute severe penalties on extended families, including nieces, nephews, and great grandchildren, of people accused of violating U.S. sanctions against the Iranian government.

Cotton’s legislation would completely disregard American citizens’ due process rights guaranteed under the Fifth Amendment. In the House Foreign Affairs Committee, Cotton said, “there would be no investigation,” before inflicting harsh punishments of up to 20 year prison sentences upon "parents, children, aunts, uncles, nephews, nieces, grandparents, great grandparents, grandkids, great grandkids" of those accused of violating sanctions against Iran.

“To call Tom Cotton an extreme ideologue is not overstating anything,” said Justin Barasky, a spokesman at the Democratic Senatorial Campaign Committee. “He is proposing legislation that would eliminate the constitutional right to due process for grandchildren, nieces and nephews of Americans accused of a crime.”

Polls show that a majority of Americans view the Republican party as extreme, but the legislation was even too far right for Cotton’s House Republican colleagues, who ultimately forced him to withdraw the amendmen

It ain't just politics if it's true.

Republicans just aren't so hot on constitutional protections except those they find, without limit, in Amendment Two.

Also today, Republican National Committee Chair Reince Priebus was quoted as saying innocent people don't plead the Fifth Amendment. This the very amendment Cotton proposed to stomp on with his guilty-by-relationship idea.

Cotton's craziness is going viral. This one notes when he didn't include 9/11 in terrorist attacks on George W. Bush's watch, but didn't get around to his opposition to aid for storm victims.

UPDATE: I gather Cotton is feeling the sting. I had a rare communication from his office. Points made:

1) Offering an amendment to legislation is not legislation. I differ; at a minimum it's a distinction with no practical difference.

2) It was withdrawn. All have noted this. It's the thought that counts.

3) The penalties he proposed would be financial and travel, not jail. I thought Republicans held property to be sanctified above just about everything. Taking money by force of law sounds pretty severe to me. Sounds a lot like a "fine."

4) Constitutional points aren't relevant because he would punish only non-citizens. Yes, but our courts have held the Fifth Amendment protections can apply to non-citizens.

5) Here's his statement on the point.

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ZZ Top to Fayetteville

Robert Bell — Thu, 23 May 2013 10:43:06 -0500

Get out your cheap sunglasses, 'cause "that little ol' band from Texas" is headed to Fayetteville's Arkansas Music Pavilion for an Oct. 4 concert. Tickets go on sale at 9 a.m. Thursday, May 30 and they're gonna run you $37-$102. Here's where to go to get 'em. Or you could call 479-443-5600.

The 'Top recently got the Rick Rubin treatment with last year's "La Futura," a gettin'-back-to-their-roots collection with real drums and a gritty, mean guitar tone.

After the jump, one of my favorite ZZ Top tunes, from 1973's "Tres Hombres." No, not "La Grange" (though that one is totally the jam).

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Who needs tort reform? Arkansas matches Texas already

Max Brantley — Thu, 23 May 2013 10:37:00 -0500

If you can't trust the American Legislative Exchange Council, who can you trust, particularly when the subject is what's good for business?

ALEC is the Koch- and big business-funded lobby that cranks out cookie cutter state legislation to advance the interests of big business. It functions as an ideological bureau of legislative research for Arkansas Republican lawmakers.

ALEC produces rankings of the states on economic performance and outlook.

Here's the latest report on Arkansas. We're fair-to-middling. Ranked at 22 on performance, an improvement from 25 a year ago. The Republican majority legislature didn't do all it could do, unfortunately, to prepare Arkanas for the future. After having a top quartile ranking (11 to 13) in economic outlook for the last five years under Democratic control, Arkansas plummeted to 24 this year based on 15 variables. Drawbacks include too many public employees and too big a sales tax burden by ALEC's standards, not to mention an income tax system that lacks progressivity and has too high a top marginal rate (the chart doesn't reflect a small coming cut in the top rate.)

Texas is No. 1 in performance and No. 12 in outlook.

So what's the point? Check out one of the key variables in the comparisons — State Liability System Survey. This is "tort litigation treatment, judicial impartiality, etc." If you follow this issue, you know that Texas is viewed as a wasteland for trial lawyers. Republicans have taken over the bench there and the legislature has done all it can to make it hard to sue corporations for damages in Texas. To hear the Arkansas State Chamber of Commerce tell it, runaway judges and juries in Arkansas are a threat to economic survival. Thus it may try to amend the Constitution to be more like Texas and also to campaign to stock the appellate bench in Arkansas with business-friendlier judges.

So how do Arkansas and Texas compare on this vital tort ranking? It's a dead heat. Both states score 35 with ALEC.

As good (or bad) as Texas? What's not to like? Who needs an amendment?

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Friday: American Guild of Organists benefit recital, Wes Jeans at Denton's and more

Robert Bell — Thu, 23 May 2013 10:00:56 -0500

If you're looking for something not quite so Riverest-y to do Friday night, The American Guild of Organists presents a recital to benefit the Pediatric Injury Prevention Program at Arkansas Children's Hospital, Christ Episcopal Church, 8 p.m., free, donations accepted.

Texas-based blues-blaster Wes Jeans brings the 12-bar tube-amp jams to Denton's Trotline, 9 p.m., $10.

The Sideshow Tragedy and Damn Arkansan offer an evening of Americana/roots rock at Maxine's, 8 p.m., $5 adv., $7 door.

Up in Fayetteville, A Concert for Campers has performances by John Henry & Friends, Brick Fields, Houston Hughes, Dividend and Joey Largent, with proceeds helping to send children to Camp Quest Oklahoma, Nightbird Books, 7 p.m., donations accepted.

If you want to keep the good times going after things wind down at Riverfest, check out Lawler and Ewell's 5th Annual Bday Bash with Raydar and Shaolin, Joe C, Noodles and JDawg, Revolution, 9 p.m., $5 adv., $10 day of.

The Center for Artistic Revolution's Rainbow Camp is a sure bet for LGBTQ and ally youth, Ferncliff Camp and Conference Center, Friday-Monday. More info here.

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Federal spending cuts to cost Arkansas $18.5 million in education money

Max Brantley — Thu, 23 May 2013 09:58:00 -0500

The federal sequestration spending cuts that took effect March 1 will cost Arkansas $18.5 million in 2013, says a release from Arkansas Advocates for Children and Families.

A bit more than half the money will be cut from Title I programs for disadvantaged students. Early childhood education such as Head Start also has taken a hit.

More details follow.

NEWS RELEASE

Arkansas is starting to feel the effects of the sequester, or sequestration; cuts in federal spending that went into effect on March 1. According to new figures from the United States Department of Education, cuts to education programs in Arkansas will total $18.5 million in 2013. Other estimates are almost $1 million higher. What’s worse is that most of the programs being cut are those designed to help low-income students.

Title 1 funding — money aimed at improving the academic achievement of disadvantaged students — will be the hardest hit, taking a cut of more than $9.6 million. Other programs like education for homeless youth, language acquisition grants, and special education will see significant reductions as well.

These federal cuts come at a time when per-student funding for state programs that help low-income students, also known as NSLA funding, did not increase at all in the last legislative session, even though the need has grown. When programs are flat-funded in this way, they are actually falling behind. This is because program expenses increase with the cost of living, but funding does not. Legislators did not provide a cost of living increase for state NSLA funds for next year because of concerns about how the funds are being used by school districts and the failure to reduce the achievement gap between low-income students and their peers.

“It really is sad to see these cuts go into effect,” says Rich Huddleston, executive director of Arkansas Advocates for Children and Families (AACF). “A lot of these programs benefit children from lower-income families and they really need more funding, not less. A budget is a set of priorities, and we need to prioritize the education of our children.”

Jerri Derlikowski, AACF’s director of education policy and finance, says the use of state funding for programs to reduce the achievement gap between poor students and their more affluent counterparts is more critical now than ever.

“We need to narrow the use of NSLA funds to programs that are evidence-based,” she says, “programs that target the academic needs of low-income students. With these cuts to our federal education dollars, it is even more important to assure the most effective and efficient use of state NSLA funding.”

The early childhood education program Head Start has also had to make cutbacks after a reduction in federal funding. Some programs have decided to close early for the summer. That means families will have to find other ways to care for and feed their children during those days. Other programs are reducing enrollment, instituting staff furloughs, or only making emergency purchases. Nationwide, 70,000 fewer children will be able to attend Head Start programs as a result of the cuts.

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Chew on this: Cuban burrito from Baja Grill

Daniel Walker — Thu, 23 May 2013 09:57:07 -0500

When it comes to Mexican food, I’m all for authenticity, but I’m in no way averse to mixing things up a bit and creating tacos and burritos that incorporate ingredients that one would never dream of finding in such vessels south of the border. You might think of this as “Americanizing” the flavors of Mexico, you might consider this some sort of “fusion” vaguery, but when flavors sing as sweetly as they do at Benton’s bravest food truck, Baja Grill it’s really not that important what you call it, what matters is that it tastes good. This may or may not be the first time you’ve heard the virtues of Baja Grill expounded upon, and I certainly hope this won’t be the last. After months of salivating over their Twitter feed, I was finally able to make it down to Military Road to see what all the fuss is about. I’ll just say this, there’s probably not enough fuss about this place—if you haven’t made it down to Baja’s corner of the world, reconsider your priorities and get thyself a mouthful of some of the finest tacos and burritos this side of the Rio Grande.

If you were to sample but one of their menu’s many tantalizing items—a decision which proves to be extraordinarily difficult—please make it the Cuban burrito. The Cuban also comes in taco form, a very worthy option as well if you are leaning in that direction, but you can opt for the burrito option if you so desire. Standard to both the burrito and taco is the spectacular shredded Cuban pork—sweet, spicy, and tender, it forms the base of these spectacular items. The burrito then distinguishes itself by taking a soft, grilled flour tortilla, stuffing it full of the pork, fluffy seasoned rice, and black beans, and tops it with a sour orange red cabbage-jicama slaw. The slaw may be the most inspired component of this entire culinary equation—the zest of citrus, mildly sweet, with a slight crunch from the freshly chopped jicama. They dredge the entire thing in their housemade queso, a creamy, cool, rich concoction the puts the whole thing over the top. I’ve had my fair share of pitiful cheese toppings—some half-hearted, melted Velvetta and Rotel abomination which would never be fit to top this blessed burrito. Baja’s queso is no such broth—it’s clearly made with care, flavorful, and a beautiful addition to an already spectacular dish. Each bite of this burrito is bittersweet—your mouth rejoices, but deep within, your brain dreads the moment this burrito is gone.

If you got in your car right now, I bet you could make it to Baja Grill in under half an hour. Okay, probably not the case for everyone, but regardless of the time commitment required to park yourself at the feet of Baja Grill, it will be well worth your effort. Take a seat on their ample outdoor seating while the weather is still permissive, and bask in the glow of burrito brilliance.

(Baja Grill is located at 1130 Military Rd, Benton. 501-617-1002)

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Mississippi aims to jail women for stillbirths, miscarriages

Max Brantley — Thu, 23 May 2013 09:38:00 -0500

As a result of what Dr. Joycelyn Elders once memorably called a "love affair with the fetus," Mississippi has embarked on a path to prosecute some women in cases of stillbirth or miscarriage. The perverse effect — if the state is successful — would be to encourage more women to seek legal abortions.

The point — though not supported by medical authorities — is to punish women for using drugs while pregnant. What's next, a judge and critics have asked. Cigarettes? Unpasteurized milk? Obesity?

Mother Jones reports. Mississippi's effort is seen as a backdoor way to achieve "personhood" for even a fertilized egg. The article notes that laws nominally passed to allow prosecution of others for harming a woman's fetus have often been used against the pregnant woman.

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Friday To-Do: Mad Nomad

Robert Bell — Thu, 23 May 2013 08:47:58 -0500

MAD NOMAD
9:30 p.m. White Water Tavern.

Mad Nomad is one of the newer entries on the Little Rock musicscape, having formed in September. But they're not exactly taking the leisurely route, having already finished up their first full-length, the nine-song "Black Out," available at this album-release show.

The group plays an amped-up sort of indie rock that's informed by the classics (Replacements, Built to Spill, Dinosaur Jr.) and unabashedly guitar-centric. They remind me a bit of the Springsteen-gone-punk sounds of Against Me! circa "New Wave." Most of the tunes are of the fist-pumping, triumphant sort, but they slow down the pace a bit on the Southern-rock-riffing "Me Tarzan, You Jane" and they break out the acoustic guitars on the wistful "When You Were Here."

The band includes Joe Holland, Jacob Mahan, Jesse Bell, Adam Hogg and Chris Honea. Hogg's piano playing adds some nice texture to the guitar squall. The album, good on its own merits for sure, is also a promising indicator of things to come. Good-time party-rockers Booyah! Dad and The Bootheel of Springfield, Mo., will open the show.

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Long-dead body on list of complaints about LR apartment building

Max Brantley — Thu, 23 May 2013 08:17:00 -0500

A gruesome report from Channel 4 about resident complaints concerning the Plaza Towers apartment building on West Markham Street (next door to the Chick-fil-A across from Park Plaza.)

Complaints include the belated discovery of the death of an elderly resident, an estimated two weeks after his death and long after decomposition made it clear to residents something was amiss.

Little Rock police confirm an elderly man died from natural causes in his room on the 5th floor, but it took two weeks to notice and by then, residents say the smell greeted them getting off the elevator.

Other resident complaints include street people sleeping in stairwells, unrepaired fire damage and multiple police calls.

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UPDATE: Intruder arrested on Governor's Mansion grounds

Max Brantley — Thu, 23 May 2013 08:02:35 -0500

From the State Police:

Arkansas State Troopers assigned to the Executive Protection detail arrested an individual on the grounds of the Arkansas Governor’s residence this morning.

About 5:30 AM the man climbed over a fence and was quickly apprehended. He did not resist arrest.

State Police CID agents are currently questioning the man who will later be transported to the Pulaski County Jail.

UPDATE:

Ramon Taylor, 32, of Little Rock is incarcerated at the Pulaski County Jail charged with criminal trespass and breaking and entering of a vehicle.

Taylor scaled a fence outside the Arkansas Governor’s Mansion, accessed a civilian’s vehicle and was quickly taken into custody by Arkansas State Police.

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Tom Cotton's attack on the Constitution

Max Brantley — Thu, 23 May 2013 06:48:00 -0500

Several people sent links this morning to yet another odd performance by U.S. Rep. Tom Cotton, already distinguished by his opposition to replenishing the country's disaster aid money unless it can be taken out of some other recipient's hide.

His no-aid-for-storm-victims stance was plain old greed and obedience to the Club for Growth masters who elected him and plan to pay for his campaign against U.S. Sen. Mark Pryor.

But this latest is weirder still, so weird that even fellow Republicans suggested he back off, which he eventually did. From Huffington Post:

Rep. Tom Cotton (R-Ark.) on Wednesday introduced legislation that would "automatically" punish family members of people who violate U.S. sanctions against Iran, levying sentences of up to 20 years in prison.

The provision was introduced as an amendment to the Nuclear Iran Prevention Act of 2013, which lays out strong penalties for people who violate human rights, engage in censorship, or commit other abuses associated with the Iranian government.

Cotton also seeks to punish any family member of those people, "to include a spouse and any relative to the third degree," including, "parents, children, aunts, uncles, nephews nieces, grandparents, great grandparents, grandkids, great grandkids," Cotton said.

"There would be no investigation," Cotton said during Wednesday's markup hearing before the House Foreign Affairs Committee. "If the prime malefactor of the family is identified as on the list for sanctions, then everyone within their family would automatically come within the sanctions regime as well. It'd be very hard to demonstrate and investigate to conclusive proof."

Another congressman likened the measure to visiting the sins of an uncle on a nephew. Weird stuff. Cotton — a Harvard educated lawyer — proposed it even though the Constitution explicitly prohibits "corruption of blood" in treason cases and even though the Fifth Amendment prevents deprivation of liberty or property without due process of law, even for non-citizens. (Republicans tend to sneer at people who invoke the 5th Amendment, holding it less valuable than the 2nd Amendment.)

PS — Facebook commenter raises a question. Given the Republican view on personhood — the minute an egg is fertilized — would Cotton automatically criminalize in utero nephews, too?

UPDATE: I gather Cotton is feeling the sting. I had a rare communication from his office. Points made:

1) Offering an amendment to legislation is not legislation. I differ; at a minimum it's a distinction with no practical difference.

2) It was withdrawn. All have noted this. It's the thought that counts.

4) Constitutional points aren't relevant because he would punish only non-citizens. Yes, but our courts have held the Fifth Amendment protections can apply to non-citizens.

5) Here's his statement on the point.

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