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To: unclewest who wrote (3307)7/10/2003 11:26:21 PM
From: LindyBill  Respond to of 793698
 
We're all victims, every one of us
Fast-food lawsuits take denial of personal responsibility to logical conclusion

By ROBERT W. TRACINSKI
Senior editor at the Irvine-based Ayn Rand Institute

Imagine a society in which a few unelected people, qualified for power only by their mastery of esoteric terminology and incantations, are able to dictate our everyday lives in the most minute detail - growing rich in the process by siphoning off unearned billions from the nation's economy. Does this sound like life in some dictatorship, like the reign of the theocratic mullahs in Iran?

In fact, it is the system that a cabal of trial lawyers is trying to impose here in America. Having gorged themselves on settlements from big tobacco, a group of liability lawyers gathered in Boston recently to plan a new set of lawsuits against fast-food companies, blaming them for an epidemic of American obesity. The lawyers are careful not to describe these lawsuits as direct controls on the actions and choices of individuals, but as attacks on such vague abstractions as "companies that make high-density, low-cost food." But in attacking fast-food companies, they are taking away our freedom to decide what we eat for lunch. And if that seems like a small matter, reflect that a group of lawyers who can dictate such a ubiquitous detail of everyday life can dictate anything.

Indeed, fast-food lawsuits began as a joke, an example of obviously ridiculous legalistic meddling. If lawsuits can be used to ban any product considered "unhealthy," critics argued, then logically the same approach could be used to sue fast-food chains for selling greasy burgers and fried chicken.

Now these lawsuits, far from being jokes, are making headlines. They're the logical extension of the premise behind anti-tobacco suits: the denial of individual responsibility. The courts used to recognize the principle that manufacturers are not responsible for misuse of their products - that if individuals choose to smoke too much, or eat too much or shoot innocent people, then the manufacturers of cigarettes, fast food and firearms can't be held responsible.

But liability lawyers have argued that, despite decades of cancer warnings, smokers were helplessly manipulated by big tobacco companies into puffing 10 packs a day and giving themselves lung cancer. The same lawyers have applied this responsibility-free outlook to countless other suits. Shooting attacks, for example, are not an evil chosen by individual criminals; no, these lawyers argue, shootings are the fault of gun makers. And now they are going to tell us that no one knows that burgers and fries are fattening, that no one can help eating them, and that McDonald's, Burger King and KFC should be made to pay for the results of their customers' expanding waistlines.

Despite a few kooky claims about fat being "addictive," the fact that people are responsible for their own eating habits is so obvious it hardly needs arguing. As one fast-food customer told reporters, "If you can't figure out that fast food's bad for you, then you're an idiot." But that's what people used to say about cigarettes, and it assumes that individuals are capable of making responsible choices. But that view of man as a responsible individual capable of running his own life has long since been abandoned by the courts - with ominous results.

If people are viewed as passive victims, pushed helplessly into destructive behavior by advertising and by supposed addictions, then it follows that the government needs to step in and save us from ourselves. And worse, such Big Brother controls are now being imposed, not even by congressional vote, but by the extortion of an unaccountable clique of lawyers. The cost of abandoning the principle of personal responsibility is a kind of decentralized totalitarianism - what legal scholar Walter Olson calls "the rule of lawyers" - in which the individual's judgment about how to live is constantly being overruled by the latest lawsuit.

One representative in Congress has proposed the Personal Responsibility in Food Consumption Act to shield fast-food firms from lawsuits. But the reform we need is much wider: a return to the concept of man as a rational, self-responsible individual entitled to make his own decisions - and take his own risks - without the "protection" of liability lawyers.
www2.ocregister.com



To: unclewest who wrote (3307)7/12/2003 2:17:16 PM
From: LindyBill  Read Replies (1) | Respond to of 793698
 
Here is some further comment on the weapons problem you might find interesting, UW. I thought the comments about the Lub being the wrong one were especially interesting. The comment on the lack of war fighting training in a support unit is also good.

INTELDUMP BLOG:

Analysis: I'm going to revert back to my NTC Observer/Controller training to pick out some issues that seem obvious from this story. These may seem like harsh criticisms, but if these things happened during a rotation at the National Training Center, these are exactly the things that would be discussed in the After Action Review. A causal link exists between each of these failures before combat and what happened in combat.

(1) Weapons Maintenance . Rifles and machine guns require a lot of tender loving care to work properly -- they require even more TLC in the harsh desert environment. Despite popular conceptions, the M16A2 rifle is a fairly intricate piece of machinery with lots of small moving pieces. It takes regular cleaning and lubrication in order to work. In the California desert, my platoon made a standard practice of field cleaning our rifles once a day -- more if possible. The sand is even more fine in Iraq. I have been told it resembles an awful form of talcum powder that gets in everything. In those conditions, the rifle would need to be cleaned and lubricated more than once a day. The rifle would also need to be protected in some way from the elements, such as with a plastic cap or latex balloon over the muzzle. Leaders must check their soldiers' weapons constantly to ensure this is being done. As the old maxim says: "Soldiers do what leaders check."

(2) Lubrication. It's not enough to clean the M16 rifle, M249 squad automatic weapon, or M2 .50 cal machine gun -- you also have to regularly apply lubricant in order to keep the metal parts moving against each other. The standard military lubricant for small arms is called "CLP" (See this discussion regarding CLP at Winds of Change). It worked okay for me in Korea and Texas, but not well. My platoon sergeant (an avid hunter) liked to use special commercially-available lubricants that he knew worked better. Apparently, he knew more than the Army's procurement folks. In the weeks since the war, several after action reviews have concluded that the Army's standard weapons lube was inadequate for the job in the desert.
Lubricant: Soldiers provided consistent comments that CLP was not a good choice for weapons maintenance in this environment. The sand is as fine as talcum powder here. The CLP attracted the sand to the weapon. ?? Soldiers considered a product called MiliTec to be a much better solution for lubricating individual and crew-served weapons.Various current and former military officers echoed this report, saying that CLP was one of the worst lubricants the Army could buy for the desert:
"The CLP and Breakfree brand oil the military purchases is worthless," said Aaron Johnson, a 10-year veteran of the Army and Army Reserve, and author of a DefenseWatch guest column on the Army M9 sidearm "How to Save the M9 Beretta"; June 16, 2003). "I'm sure large amounts are acquired [by the Army] at relatively low cost, but that's why it should be done away with. That oil is too rich, and has little effectiveness at keeping weapons clean."

"The troops will tell you, CLP attracts dirt and grit," Johnson continued. "It is also so thick it can reduce recoil speed, resulting in stoppages. It thickens in the cold, and when in hot weather areas it is usually attracting dust and sand."

In an e-mail forwarded to DefenseWatch, retired Lt. Col. Robert Kovacic, who works for a defense contractor in Kuwait that trains U.S. military units, echoed Johnson's remarks. "I can say with complete assuredness, from many, many observations of training exercises], that CLP does not work. I did not use it at Fort Polk (cause it did not prevent rust)... I don't care what the government says... and it sure as hell does not work here."

What is bewildering to veterans such as these is that there is a product that has proven effective in desert combat. MILITEC-1 Synthetic Metal Conditioner, manufactured by the company of the same name, has been approved for Army use and is already widely used by the U.S. Coast Guard, FBI and a host of other federal police agencies. But the Army apparently is still shipping CLP en masse to the troops and has resisted ordering the synthetic lubricant, forcing unit commanders to pay out of their own pockets to acquire it.

The problem, Kovacic said, is that the Defense Logistics Agency allegedly refused to ship MILITEC to a number of units heading for combat in Iraq, despite previous approval of the product for Army weapons. "So, if front-line commanders order this product," he asked, "where does DLA have the authority to stop shipment? It is the brigade commander's butt in battle and if he wants to use a different lubricant, because the government stuff does not work, he can't"Once again, our soldiers went into harm's way with lousy equipment because the procurement system failed them. There is some irony here, in that the original M16 rifle went into combat in Vietnam with many flaws that were learned at the cost of American lives. Today, we appear to have the best military in the world. Yet we are forced to learn lessons about our equipment the hard way.

3. Weapons Training . Weapons maintenance and lubrication are often a function of weapons training. Soldiers who know their weapons well will take care of them, because they are familiar with the effects of not doing so. Moreover, at least one part of the 507th Maintenance Company report indicates a probable failure of weapons training:
King [the company commander] then split the company into three groups, according to the Army investigation.

He took Group One, and they fought their way south through the city. Iraqis tried to block their exit with vehicles and debris. "Most of the soldiers in this group report that they experienced weapons malfunctions," the Army said. "These malfunctions may have resulted from inadequate individual maintenance in a desert environment."

But they made it out, and soon joined a Marine Corps tank battalion.

In Group Two, Cpl. Damien Luten "attempted to return fire with the 507th's only .50-caliber machine gun but the weapon failed," the report said. "Luten was wounded in the leg while reaching for his M-16."

Small-arms fire and rocket-propelled grenades burst around them. Their escape route also was partially blocked. Five soldiers were wounded, including Spc. James Grubb, who "returned fire with his M-16 until wounded in both arms, despite reported jamming of his weapon."

Marines also rescued Group Two.The M2 .50 caliber machine gun doesn't just fail -- it fails for a reason. It's one of the most venerable weapons in the Army inventory; its basic design has not changed for decades. The most common reason for failure is the operator's failure to properly set the head space and timing. The internal parts of the .50 cal have a certain amount of play, and these parts have to be set right in order to work. If you set the headspace or timing wrong -- or fail to reset it after a while -- the weapon will malfunction. In some cases, this means it will fire one shot and then stop. In others, it may cause the weapon to misfire more severely, or even blow up.

In any case, this is the most probable reason for the .50 cal's failure in the 507th convoy. And it traces directly back to a failure to train the operator on how to shoot the .50 cal. In many units -- especially support units -- .50 cal training is hard to get in peacetime. The ranges are few and the ammunition is usually short, and it's often hard to get the right guy to the range because soldiers are often rotating through positions within a given unit. In combat, all of these are just excuses. The bottom line is that the 507th's convoy didn't have its .50 cal when it needed it, and its soldiers paid the price.

4. Land Navigation and Fieldcraft . It appears that Captain King got his convoy lost in the desert. Either he failed to properly copy the route, failed to follow the route, or failed to adjust the route based on information from his higher headquarters. The results were fatal. Soldiers in the Army don't do enough training on basic land navigation. Indeed, in many units, they simply rely on their Global Positioning Systems for this skill, as Captain King appeared to do:
The 507th, based at Fort Bliss, Texas, was not a combat unit; its members included cooks, mechanics, technicians and clerks. On March 21, the company crossed into Iraq from Kuwait as part of a convoy supporting a Patriot missile battalion. But early into the deployment, the company's commander, Capt. Troy King, misread his assigned route, the report said.

According to the Army findings, King relied primarily on his Global Positioning System device and an annotated map on which he had highlighted "Route Blue." King "believed in error that Blue was his assigned route," the report said.

King could not be reached for comment Wednesday. A spokeswoman at Fort Bliss said he was on routine leave.

As the convoy sped north, the 507th, with 18 vehicles, "bogged down in the soft sand," the report said. "Drivers from many units became confused due to the darkness, causing some vehicles to separate from their march columns."

And the route King chose, the report said, "proved to be extremely difficult, over rough terrain." Getting lost in peacetime is embarassing; it usually means you have to buy the beer or do pushups. Getting lost in wartime can be fatal. I learned this lesson in Korea when I misread the terrain once and wound up driving up a long canyon that led straight to the DMZ -- it took an extra 2 hours to back up the canyon and drive home. I never got lost again as an Army officer. My unit, a division MP company , trained a lot on land navigation because we knew that logistics units like the 507th would rely on us for this skill. As flattering as that was, it's the wrong answer. Every soldier and leader must be capable of moving from point A to point B in a way that gets them there alive. And they need to be able to do it without gadgets like the GPS, at night, with just a map and a compass (see FM 3-25.26 for more on the basics of land navigation)

Summary: I don't want to keep picking on support units, but in this case, I see a trend. Support units work hard in peacetime to keep our equipment running, often to the neglect of their own field training. The result is that they do not meet the standard for basic soldiering and warfighting skills. Of course, they learn through trial and error just like every unit. But the result of waiting to learn these lessons in wartime is that young Americans die as the unit climbs the learning curve. Our Army needs to embrace the warrior ethos in all units -- not just the combat arms -- and it needs to ensure that every unit can fight its way out of an ambush like this one.

In the end, none of this may have made the crucial difference and saved the convoy. War is chaotic, and bad things happend to good units who do everything right. But commanders strive to set their units up for success; to do everything possible to make the fight an unfair one -- for the enemy. Training, maintenance, pre-combat checks, pre-combat inspections, and fieldcraft are what enable good units to execute when the time comes on the battlefield. The 507th Maintenance Convoy failed in these areas, and the effects were devastating.
posted by Phillip at 10:09 PM


philcarter.blogspot.com