Updated: #NODAPL How the “bad man” provision in the Fort Laramie Treaty & Terra nullius should be big legal trouble for DAPL & the Morton Cnty Sheriff

Update: I’ve added a few links and visual evidence in support of the information herein

First what the “bad man” provision is, in the video below. And how Terra Nullius should be seriously bad news for Energy Transfer Partners and the government agencies involved …

…  and especially for North Dakota law enforcement and all law enforcement agencies that have participated in the carnage and brutality of the past year.




And if you’re a North Dakota taxpayer, you could be on the hook for hundreds of millions if not billions of dollars because of the “Bad Man” provision. There’s been a lawsuit filed by the National Lawyers Guild in federal court (complaint here). For those in North Dakota that cheered on the brutality, and I know there were many, these are called ‘consequences’ for your actions

By the way, DAPL / Energy Transfer Partners, get ready for lawsuits


On to the second half of this post

According to my non-lawyer understanding, the 1868 Treaty abrogated the 1851 Treaty (which is illegal if you click the link below) by reducing the boundary from below the Heart River to Standing Rock’s current borders, which is where Terra Nulllius (legal defintion) should prevail, because the land was NEVER ceded legally to the US Gov



November 14, 2016

If treaties are the supreme law of the land, as the U.S. Constitution states, then how is it that treaties can be so easily broken by a government that claims to uphold a respect for the law? An even more unsettling question: how is it that the trail of broken treaties has been able to span generations under an outdated, imperial logic unknown to the majority of the U.S. citizens? The founding of the United States is predicated on this painful contradiction between principles of equality and rule of law on one side, and the colonial appropriation of land from native peoples who have inhabited them for millennia, on the other.

The current resistance against the construction of the Dakota Access Pipeline (DAPL) is inscribed in this contradiction, making evident the non-rule of law when it comes to appropriating native lands.


Lots of good info at the link below. Again, I’m not a lawyer, but I think they have a case using Terra Nullius


Election 2016: How can so many smart Democrats be so stupid (i.e. it’s the economy, stupid)

[Update: if Trump does wind up winning, I called it seven months ago, almost to the day, (A hard read for a lot of people) How Dems Created a Liberalism of the Rich]

As I’m writing this Trump is leading on election night. I’ve wanted to write this for awhile, but I only have a short amount of time to put this together to really get into the weeds, but The Democratic candidate for president should be up by 20 points. The institutional Democrats decided that the weaker candidate would be their choice ‘come hell, or highwater’, well, that’s what they got.

They decided that cheating their way to a win in the primaries to promote the most neoliberal/neocon in US history was a winning formula to win the general.

I’m not gonna get into the neocon part of this (maybe at a later time) but the neoliberal aspect is what all the “smart” people can’t see. And why is that? Because as Thomas Frank has been warning for months, is that the Democrats have abandoned their base of blue collar working people who actually build things and do the work that needs to be done on a day to day basis.

They live in a bubble on the coasts, or the urban areas; go to their offices; drink their lattes; and act all smug and condescending; they make 6 figures and can’t figure out why the “common people” are voting for a wealthy narcissistic asshole like Trump. He is that, but people are worried about jobs and feeding their families; paying for healthcare; keeping a roof over their heads.

They’re angry and are reaching for someone who will fight for them.

Hillary Clinton represents NAFTA, CAFTA, and the TPP which they know will lead to the loss of their jobs.

They not only want a better life but to keep their heads above water.

They want someone who will upset the establishment’s apple cart, and if there’s no Democrat to do it, they’ll look to a Republican to do it

They want change

There’s more

Opinion: Not Suffering Hubristic Fools Gladly, or Why I’m Voting for a Woman … not that one, never, ever that one

Sorry, but I have zero patience anymore for incompetent ivory tower establishmmentarian hubris; for people who went to the “best” colleges; for people who are well-schooled, but poorly educated in real-life; for people who check off all the right career boxes, but lack wisdom and judgment.

People who David Halberstam wrote of ironically in his book title, The Best and Brightest, which Warren Bass of the Washington Post summarizes

The term “best and brightest” has become an insult, not an accolade, thanks largely to Halberstam’s magnificent, scabrous epic about the policymaking blunders that swept the United States into Vietnam. This classic work is part of the Vietnam canon, but it is not really about Vietnam; it is very much a Washington book, focused on the surety of the hawks stateside rather than the misery and warfare in Indochina.

I think hubris is an apt word in this case

… from Greek hybris “wanton violence, insolence, outrage,” originally “presumption toward the gods

People who time, after time, after time, after time … have let us down. People whom we put into positions of political power who have failed spectacularly. People who would be described by the internet as Epic Failures.

gov epic failYet we’re continually told that they know better; that they’re The Best and Brightest.

Even the ultimate government insider organization, The Brookings Institute has noticed, and produced a list of 41 different failures, either through lack of over-sight or outright cluelessness.

Supposedly, these people, whether they self-label themselves as Republican or Democrat have completely floundered. The top five failures can blamed on both of the establishment approved political parties. 9-11 is totally on Bush and the Republicans. The financial collapse of 2008 was started in motion by Bill Clinton, but accelerated by George Bush. Hurricane Katrina is 100% Bush. And the Deepwater Horizon oil spill is all Obama. And Abu Ghraib wouldn’t have happened without warhawks like Hillary Clinton cheering it on.

People have died because of their hubris. And in our quadrennial political system we’re told we have to vote for this person, or we have to vote for that person because the person from that other political party will destroy your life and the lives and future of your family. But when push comes to shove, they keep voting against my, and your best interest. And they explain it away because they know better than those other people in that other artificial made up club.

Sure they agree to disagree on fringe issues, like gay marriage, and abortion, but really how many people are going to marry someone else of the same sex, or get an abortion?. I’m not diminishing either issue for those people involved, but for the vast, vast, vast majority of the population neither of these are going to come up in their actual lives. But how much time is spent on these issues on cable news, or talk radio, and debated in congress?

Think about how similar they are on other issues


The distraction is what they’ve learned from the Romans, i.e. panem et circenses

They have the same corporate owners. On a smaller scale, I’ve been to California state Democratic conventions, and if you’ve never been, one of the first things you’ll notice are the corporate sponsorship signs … everywhere.

I believe in the Democratic Party of Kennedy and FDR, but sadly that’s ancient history. I used to think of myself as JFK’s description of a liberal. But that definition of liberals, and Democrats seems to exist only in a few individuals anymore.

I’m done

I will not suffer fools gladly for people in charge. When those people have the ability and power to destroy people’s lives by war, and oversight failures through a combination of abject incompetence or through wanton political ambition.

To bring the incompetence theme to a personal level, I used to work for a Fortune 500 company and our office and plant was downsized because of shortsighted ambition for financial gain. It was a combination of our local managers, and corporate managers who made poor decisions, and also our largest client which happened to be Hewlett Packard.

Hewlett Packard at the time was run by someone you may have heard of, Carly Fiorina, who ran Hewlett Packard into the ground. Her decisions contributed to our company downsizing and in the process several hundred people lost their jobs along with many employees of our vendors.

Back to politics. Do I really need to do a list of the voter suppression, corporate kickbacks, charity fraud of one of the major party candidates? And the excuses of that person’s sycophants make me ill

I will not vote for the lesser of two evils anymore, because after George Bush and Dick Cheney you can’t scare me.

I’m voting for Jill Stein









Science Friday: The Mouse that Roared | Meal frequency and timing linked to BMI

Grasshopper mice (genus Onychomys), rodents known for their remarkably loud call, produce audible vocalizations in the same way that humans speak and wolves howl, according to new research published in Proceedings of the Royal Society B. Grasshopper mice employ both a traditional whistle-like mechanism used by other mice and rats and a unique airflow-induced tissue vibration like that of humans.

Researchers from Northern Arizona University, Midwestern University at Glendale and Ritsumeikan University in Japan used heliox experiments, laryngeal and vocal tract morphological investigations and biomechanical modelling to investigate how grasshopper mice produce spectacular long-distance calls.



Meal frequency and timing linked to BMI

New information on how the timing of meals impacts weight gain or loss


A study by researchers from Loma Linda University School of Public Health and the Czech Republic has found that timing and frequency of meals play a role in predicting weight loss or gain.

Using information gleaned from more than 50,000 participants in the Adventist Health Study-2 (AHS-2), the researchers discovered four factors associated with a decrease in body mass index: eating only one or two meals per day; maintaining an overnight fast of up to 18 hours; eating breakfast instead of skipping it; and making breakfast or lunch the largest meal of the day. Making breakfast the largest meal yielded a more significant decrease in BMI than did lunch.



Science Friday: Giant Model Mimics Damaged Oroville Dam Spillway | A Study About Nothing (Quantum vacuums)


A Study About Nothing

A vacuum is a space absolutely devoid of matter, at least according to the Merriam-Webster dictionary. But if you talk to a physicist you may get a different answer. According to quantum physics, even vacuums are not completely empty. Constant fluctuations in energy can spontaneously create mass not just out of thin air, but out of absolutely nothing at all.

“It’s like a boiling sea of appearing and disappearing particle pairs,” said James Koga, a theoretical physicist from the National Institutes for Quantum and Radiological Science and Technology in Kyoto, Japan. The pairs, made up of one particle and one antiparticle, exist for only moments. Koga is investigating the subtle effects caused by these fluctuations.This peculiar nature of vacuum, sometimes referred to as “quantum vacuum,” is not just theoretical speculation. It has real, measurable effects on our physical reality. Although these effects are usually far too small to impact even the most sensitive instruments of today, scientists think the picture will change for the miniaturized technologies of tomorrow.”In the macroscopic world, we don’t care about these forces at all. You wouldn’t care about it when you are driving a car for instance. It’s totally negligible,” said Alejandro Manjavacas, a physicist specializing in photonics at the University of New Mexico in Albuquerque. “But in the context of nanotechnology or nanophotonics—at a super small scale, these effects will start playing a role.”


Science Friday: Lucy in the (Jupiter’s) Sky with Diamonds | Why is Roman Concrete better than anything today?

Diamonds are forever, unless you’re on Saturn or Jupiter. Loads of the super-hard precious stones may be floating among the gas giants’ fluid layers and melted into liquid further into their depths, say a pair of planetary scientists.

The research, being presented at the Division for Planetary Sciences conference this week [Oct, 2013] in Denver, sprang from very humble beginnings — soot in Saturn’s atmosphere, said Kevin Baines, a planetary scientist at the University of Wisconsin-Madison and one of the work’s coauthors.



New studies of ancient concrete could teach us to do as the Romans did

July 3, 2017

Around A.D. 79, Roman author Pliny the Elder wrote in his Naturalis Historia that concrete structures in harbors, exposed to the constant assault of the saltwater waves, become “a single stone mass, impregnable to the waves and every day stronger.”

He wasn’t exaggerating. While modern marine concrete structures crumble within decades, 2,000-year-old Roman piers and breakwaters endure to this day, and are stronger now than when they were first constructed. University of Utah geologist Marie Jackson studies the minerals and microscale structures of Roman concrete as she would a . She and her colleagues have found that seawater filtering through the concrete leads to the growth of interlocking minerals that lend the concrete added cohesion. The results are published today in American Mineralogist.

Romans made concrete by mixing with lime and seawater to make a mortar, and then incorporating into that mortar chunks of volcanic rock, the “aggregate” in the concrete. The combination of ash, water, and quicklime produces what is called a pozzolanic reaction, named after the city of Pozzuoli in the Bay of Naples. The Romans may have gotten the idea for this mixture from naturally cemented volcanic ash deposits called tuff that are common in the area, as Pliny described.




This country is doomed (small sample size, but, wow)

From tywkiwdbi from a story in The Atlantic about anthropology professor, Bill Schindler

The skills prehistoric peoples depended on seem exotic to today’s college students, who Schindler says arrive on campus each year with less and less of the sort of practical experience that he emphasizes in his class. He tells of the time he asked some students to crack eggs and separate the yolks from the whites. He returned to the kitchen 10 minutes later to find that not a single egg had been cracked. “I asked them if the problem was that nobody had ever told them how to separate the yolk from the whites, and received blank stares in return,” he recalled. “After a minute of silence, one of them said, ‘I’ve never cracked an egg.’ I was floored—how do you even make it to 19 without cracking an egg?

Science Friday: Some clouds filled with ice lollipops | Toddlers understand more than you might think about scientific inquiry

By JoAnna Wendel

A cloud full of lollipops may sound like the most delicious carnival treat ever… except this cloud’s lollipops are made of ice. Scientists spotted the lollipop-shaped ice crystals during a research flight in southwest England. The researchers describe their findings in a new study in Geophysical Research Letters, a journal of the American Geophysical Union.

The researchers, from the University of Manchester in the United Kingdom, flew through a large cloud system in 2009 to better understand how ice forms at relatively mild temperatures (warmer than minus 30 degrees Celsius). Pure water freezes at around minus 38 degrees Celsius, so scientists want to understand the formation of ice in clouds warmer than this temperature. That information would help them understand processes like precipitation formation, cloud lifetime, and cloud reflectivity.



High Chair Philosophers

Toddlers understand more than you might think about scientific inquiry

Watch young children digging in the dirt at the playground or watering plants at a community garden. What do you think they’re doing? In addition to having fun and getting messy, they’re also starting to grasp fundamental concepts about science and the natural world. Their hands-on experiences are laying the groundwork for deeper learning about environmental science and plant biology, critical thinking skills, problem-solving, and trial and error.

But these experiences aren’t just about creating foundations for future learning. In fact, as the new report STEM Starts Early reveals, it turns out that young children—those between birth and eight years old—are already capable of tackling some pretty impressive questions in the domains of science, technology, engineering and math (STEM). This doesn’t just mean that they can parrot the words “deoxyribonucleic acid” with a little practice; more profoundly, young children are in a near-continuousprocess of conducting evidence-based, systematic experiments to help them understand how their mysterious environments work.



Science Friday: Low-mass stars always born with a sibling: Many, like our sun, split up | Why do those with autism avoid eye contact?

Date:June 14, 2017

Source:University of California – Berkeley

Summary:Though astronomers have long known that many if not most stars are binaries, the question has always been, Were they born that way, or did one star capture another?

Astronomers teamed up to systematically study very young stars inside their nest eggs, called dense cores, in the Perseus molecular cloud and concluded that all sunlike stars are born as wide binaries. Most subsequently split up, while the rest become tight binaries.


Why do those with autism avoid eye contact?

Imaging studies reveal overactivation of subcortical brain structures in response to direct gaze

June 15, 2017
Massachusetts General Hospital
Individuals with autism spectrum disorder often find it difficult to look others in the eyes as they find eye contact uncomfortable or stressful. Now a study has shed light on the brain mechanisms involved in this behavior.


Science Friday: New Technique Provides Earthquake Risk for Major Cities Worldwide | Lost ecosystem found buried in mud of southern California coastal waters

By Larry O’Hanlon

Scientists have developed snapshots of the likelihood of major earthquakes occurring in megacities around the world using a new statistical approach for estimating earthquake risk. The work will be presented today, May 22 at the joint meeting of the Japan Geoscience Union and the American Geophysical Union in Chiba, Japan.

The new technique, called seismic nowcasting, estimates the progress of a defined seismically-active geographic region through its repetitive cycle of major earthquakes. Applied to cities, the method assigns an Earthquake Potential Score, or EPS. The EPS provides a snapshot of the current risk of a major earthquake occurring in a region, and gives scientists, city planners and others a thermometer to see where a city is in a major earthquake cycle.

Using the new technique, scientists determined that the EPS for Lima is about 70 percent; Manila, Taipei and Tokyo have an EPS of about 90 percent; Los Angeles and San Francisco have an EPS of about 50 percent, and Ankara has an EPS of about 30 percent. This means Los Angeles is about half-way through its cycle for 6.5-magnitude or greater earthquakes, while Tokyo is about 90 percent of the way through its cycle.



Lost ecosystem found buried in mud of southern California coastal waters

June 9, 2017
University of Chicago
Paleontologists investigating the sea bed off California have discovered a lost ecosystem that for thousands of years had nurtured communities of scallops and shelled marine organisms called brachiopods. They had died off by the early 20th century, replaced by the mud-dwellling burrowing clams that inhabit this seabed today.


Science Friday: World’s Most Powerful X-Ray Laser Creates Molecular ‘Black Hole’ | Stanford Study – The cognitive differences between men and women

By Tia Ghose, Senior Writer | May 31, 2017 01:00pm ET

The world’s most powerful X-ray laser has created a molecular “black hole.”

The black hole is not a tiny version of the supermassive celestial object that devours everything within its event horizon. Rather, when X-ray energy is aimed at a molecule, it strips away so many of the electrons that it creates a void that then sucks in all the electrons from nearbyatoms — in black-hole fashion.

“It basically sucked all the electrons away from the surrounding environment,” said study co-author Sebastien Boutet, a physicist at the SLAC National Accelerator Laboratory in Menlo Park, California. “It’s an analogy to how a black hole gravitationally pulls everything in.” [Brightest X-Ray Laser ‘Blows Up’ Water Droplets in Stunning Video]

The molecular black-hole effect occurs thanks to the most intense X-ray beam of its kind — equivalent to focusing all the sun’s light onto a spot the size of a thumbnail.



The cognitive differences between men and women

When Nirao Shah decided in 1998 to study sex-based differences in the brain using up-to-the-minute molecular tools, he didn’t have a ton of competition. But he did have a good reason.

“I wanted to find and explore neural circuits that regulate specific behaviors,” says Shah, then a newly minted Caltech PhD who was beginning a postdoctoral fellowship at Columbia. So, he zeroed in on sex-associated behavioral differences in mating, parenting and aggression.

“These behaviors are essential for survival and propagation,” says Shah, MD, PhD, now a Stanford professor of psychiatry and behavioral sciences and of neurobiology. “They’re innate rather than learned — at least in animals — so the circuitry involved ought to be developmentally hard-wired into the brain. These circuits should differ depending on which sex you’re looking at.”

His plan was to learn what he could about the activity of genes tied to behaviors that differ between the sexes, then use that knowledge to help identify the neuronal circuits — clusters of nerve cells in close communication with one another — underlying those behaviors.