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Dear colleagues:<br>
<br>
I hope all is well with you. I am writing to offer a couple of
items for your consideration. I hope you find them worthy of your
attention.<br>
<br>
1) Thank you for appointing me to serve as an International
Representative. I am honored and flattered to receive this
appointment; I shall always strive to be worthy of the trust you
have placed in me. <br>
<br>
At this time I am planning to visit France, Spain, and Iceland
within the next three months. Specifically, I shall give addresses
at European Students For Liberty conferences in Paris, Madrid, and
Reykjavik. (I have also been invited to deliver the keynote address
at the ESFL conference in Amsterdam next month, but I am uncertain
whether I shall be able to accept the invitation.) I have already
made inquiries about meeting with people associated with libertarian
political organizations in those countries. I also hope to visit
South America within the next six months, in addition to making at
least one trip to Europe early next year.<br>
<br>
2) Earlier this morning I sent a message to the State Chairs'
e-mail list concerning some ideas that Libertarian candidates (and
state parties) may wish to consider. I have taken the liberty of
enclosing this message below.<br>
<br>
Allow me to suggest that as we consider LNC goals and associated
strategic and tactical matters, we may wish to incorporate some of
these ideas where appropriate. For example, as we develop new and
improved literature, we may wish to develop literature that
addresses issues raised in Radley Balko's article and my article.
Perhaps Mr. Sarwark's experience as a defense attorney would be
particularly helpful in crafting our message regarding some of these
issues.<br>
<br>
As always, thanks for your work for liberty. I look forward to
seeing you next month in Alexandria.<br>
<br>
Take care,<br>
Jim<br>
<br>
James W. Lark, III<br>
Advisor, The Liberty Coalition<br>
University of Virginia<br>
<br>
Region 5 Representative, Libertarian National Committee<br>
-----<br>
<br>
Message to State Chairs' list:<br>
<br>
Dear colleagues:<br>
<br>
I hope all is well with you. I am writing to share some ideas
that may be useful for Libertarian candidates. I hope you find
these ideas worthy of consideration.<br>
<br>
1) Yesterday Radley Balko posted an interesting article to the
online edition of the Washington Post. The article, entitled
"Police cameras are important, but they're useless without policies
to ensure they're used properly," is available at
<a class="moz-txt-link-abbreviated"
href="http://www.washingtonpost.com/news/the-watch/wp/2014/08/19/police-cameras-are-important-but-theyre-useless-without-proper-policies-to-ensure-theyre-used-properly/">www.washingtonpost.com/news/the-watch/wp/2014/08/19/police-cameras-are-important-but-theyre-useless-without-proper-policies-to-ensure-theyre-used-properly/</a>.<br>
<br>
Of particular interest is an idea expressed in the last two
paragraphs of the article:<br>
<p>One policy that would go a long way toward achieving those three
objectives is what defense attorney Scott Greenfield calls <a
href="http://blog.simplejustice.us/2014/03/30/the-missing-video-presumption/"><em>the
missing video presumption</em></a>. Currently, the courts
generally treat important video that goes missing as a harmless
mistake. They assume no ill will on the part of police. If you
discover that the police were or should have been recording an
encounter that would vindicate you of criminal charges or prove
that the police violated your rights, and that video goes missing,
you’re simply out of luck.</p>
<p>Under the missing video presumption, if under the policy agency’s
police there <em>should</em> have been video and there <em>isn’t</em>,
then the courts will assume that the video corroborates the party
opposing the police, be it a criminal defendant or the plaintiff
in a civil rights lawsuit. The state could still get over the
presumption by presenting other evidence, such as witnesses,
medical reports, and so on. But if it’s the police officer’s word
against his antagonist’s, there should be video to validate one
side or the other, and that video mysteriously goes missing while
in police custody, the police should have to pay a penalty in
court. Otherwise, there’s just too strong an incentive for
vindicating video to be leaked and for incriminating video to
disappear.<br>
</p>
<p> As your parties and candidates are formulating campaign
platforms, perhaps the platforms that address state issues should
include proposals to amend state laws to incorporate the "missing
video presumption."<br>
</p>
<p>2) In my opinion, proposals of the type suggested above fall
under the heading of what I refer to as "Goo Goo legislation."
Such legislation promotes open and transparent operation of
government. (If I understand correctly, the term "Goo Goo" arose
in the Nineteenth Century to refer to advocates of civil service
reform legislation.) <br>
</p>
<p> I wrote an article about "Goo Goo" legislation that appeared
in the May 2004 issue of LP News; I have enclosed the article
below for your consideration. I believe that Libertarian
candidates should advocate "Goo Goo" legislation where
appropriate.<br>
</p>
<p> As always, thanks for your work for liberty. I hope you find
this information helpful.<br>
</p>
<p> Take care,<br>
Jim<br>
</p>
<p> James W. Lark, III<br>
Advisor, The Liberty Coalition<br>
University of Virginia<br>
<br>
Vice Chair, Libertarian Party of Virginia<br>
Region 5 Representative, Libertarian National Committee<br>
-----<br>
</p>
<p>From LP News (May 2004):<br>
</p>
<p> </p>
<p> </p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">“‘Goo Goo’
Libertarians:<span style="mso-spacerun:yes"> </span>Advocating
‘Good Government’ Laws to Promote Liberty”<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Should
Libertarian candidates be “Goo Goos”?<span
style="mso-spacerun:yes"> </span>I believe that advocating
certain types of Goo Goo legislation is basically a low-risk
tactic that may produce liberty-enhancing outcomes. <o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">The term “Goo
Goo” is political slang for advocates of so-called “good
government” reforms.<span style="mso-spacerun:yes"> </span>(I
believe the term was widely used during civil service reform
campaigns during the Nineteenth Century for elimination of
political patronage.)<span style="mso-spacerun:yes"> </span>Unfortunately,
many contemporary self-identified Goo Goos support activist
government, and much legislation they support would reduce our
liberty.<span style="mso-spacerun:yes"> </span>(The Bipartisan
Campaign Reform Act is a prime example.)<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">However, in
my opinion some types of Goo Goo legislation tend to be
liberty-enhancing.<span style="mso-spacerun:yes"> </span>These
include:<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Sunshine
legislation:<span style="mso-spacerun:yes"> </span>The term
refers to laws that make it easier for citizens to monitor the
activities of government.<span style="mso-spacerun:yes"> </span>Provisions
in such laws may include requirements that government agency
meetings be open to the public, and that certain types of
documents be made available at reasonable cost to citizens upon
request.<span style="mso-spacerun:yes"> </span>An important
example of a sunshine law at the federal level is the Freedom of
Information Act (“FOIA”).<span style="mso-spacerun:yes"> </span><o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Sunset
legislation:<span style="mso-spacerun:yes"> </span>The term
refers to laws mandating that government programs automatically
end by a specified date unless the programs are explicitly
reauthorized.<span style="mso-spacerun:yes"> </span>Many such
laws were passed by state governments in the 1970s and 1980s.<span
style="mso-spacerun:yes"> </span>A few states subsequently
repealed these laws.<span style="mso-spacerun:yes"> </span>Such
repeals were sometimes justified by claims that the task of
reviewing whether endangered government programs were actually
necessary imposed too heavy a burden upon legislators and staff.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">OIG
legislation:<span style="mso-spacerun:yes"> </span>Several
government agencies have an Office of Inspector General (“OIG”).<span
style="mso-spacerun:yes"> </span>Many federal departments
and agencies have OIGs, as do several departments and agencies
at the state and local level.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Robert
Redding, a consultant to the Office of Inspector General in
Montgomery County, Maryland, wrote about the importance of local
OIGs in <i style="mso-bidi-font-style: normal">Capital Ideas</i>,
a National Taxpayers Union Foundation publication.<span
style="mso-spacerun:yes"> </span>He noted that the statutory
mission of the Montgomery County OIG includes the following:<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">*<span
style="mso-spacerun:yes"> </span>To prevent and detect
fraud, waste, and abuse in government activities<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">*<span
style="mso-spacerun:yes"> </span>Review the effectiveness
and efficiency of county programs and operations<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">*<span
style="mso-spacerun:yes"> </span>Propose ways to increase
the legal, fiscal, and ethical accountability of county
departments and county-funded agencies.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Additional
types of potentially liberty-enhancing Goo Goo legislation
include establishing ombudsmen for government departments and
agencies, developing nonpartisan commissions and processes for
redistricting, and establishing proposed legislation review
committees.<span style="mso-spacerun:yes"> </span>(Such
committees would vet all proposed legislation to determine
whether such legislation passes Constitutional muster.)<span
style="mso-spacerun:yes"> </span><o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">I believe
there are several potential advantages to Libertarians
advocating Goo Goo legislation, including the following:<o:p> <br>
</o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">1)<span
style="mso-spacerun:yes"> </span>Advocacy of Goo Goo
legislation by a Libertarian candidate may force his opponents
to address and perhaps support such legislation.<span
style="mso-spacerun:yes"> </span>In my experience,
candidates find it very difficult to oppose openly the concepts
of sunshine, sunset, and OIGs.<span style="mso-spacerun:yes"> </span>Libertarian
support for well-crafted Goo Goo legislation may push other
candidates to climb aboard that bandwagon.<span
style="mso-spacerun:yes"> </span><o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">2)<span
style="mso-spacerun:yes"> </span>Many journalists I have met
are (or consider themselves to be) protectors of the citizens
against the power of the state.<span style="mso-spacerun:yes">
</span>Hence, many journalists who cover politics and government
affairs frequently support Goo Goo legislation, especially
sunshine laws.<span style="mso-spacerun:yes"> </span>I believe
LP candidates who promote such legislation well are more likely
to gain the attention and respect of “the Fourth Estate.”<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">3)<span
style="mso-spacerun:yes"> </span>Some LP candidates I have
met have little idea how government actually works or what
powers they would have if they were actually elected.<span
style="mso-spacerun:yes"> </span>Such candidates are easily
dismissed by voters as being ignorant concerning the offices
they seek.<span style="mso-spacerun:yes"> </span>Candidates
who promote Goo Goo legislation are more likely to be seen as
serious, thoughtful, and responsible advocates of reducing the
size and scope of government.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt"><o:p></o:p></span><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">By suggesting
that Libertarians promote such legislation, I am not suggesting
that we avoid advocating the elimination of government programs.
<span style="mso-spacerun:yes"> </span>To the contrary:<span
style="mso-spacerun:yes"> </span>we should be bold in
calling for elimination of programs that do not pass muster on
moral, constitution, or prudential grounds.<span
style="mso-spacerun:yes"> </span>However, given that big
government is likely to be around for a while, enactment of such
legislation should make it easier to keep government from
growing even larger.<o:p></o:p></span> </p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt"><o:p></o:p>Promoting
Goo Goo legislation should be an adjunct to, not a replacement
for, promoting hallmark Libertarian positions.<span
style="mso-spacerun:yes"> </span>Libertarians who advocate
Goo Goo ideas are unlikely to be elected due solely to such
advocacy.<span style="mso-spacerun:yes"> </span>Indeed, I
suspect it would be difficult for any candidate to win simply by
promoting good government ideas.<span style="mso-spacerun:yes">
</span>(If support of such ideas clearly becomes popular, all
candidates are likely to become advocates of the ideas.)<span
style="mso-spacerun:yes"> </span><o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">Please note
that crafting specific Goo Goo proposals properly can take a
great deal of time and effort.<span style="mso-spacerun:yes"> </span>Moreover,
adoption of sunshine, sunset, and OIG legislation, even when
such legislation is well crafted, will not necessarily reduce
the size and scope of government.<span style="mso-spacerun:yes">
</span>Restraining expansive government through sunshine,
sunset, and OIG laws usually requires a great deal of hard work
by citizens.<span style="mso-spacerun:yes"> </span><o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">However, I
believe promoting the right type of good government legislation
will be helpful, both in aiding our campaigns and in moving us
toward a Libertarian society.<span style="mso-spacerun:yes"> </span>I
hope LP candidates will give the Goo Goo tactic a whirl.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt"><o:p><br>
</o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;mso-bidi-font-size:10.0pt">James W.
Lark, III is a professor in the School of Engineering and
Applied Science at the University of Virginia.<span
style="mso-spacerun:yes"> </span>He is the Region 5S
representative on the Libertarian National Committee, and served
as the national chairman of the Libertarian Party during the
2000-2002 term.<o:p></o:p></span></p>
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