November 03, 2005

One Liner Of The Day

From the legal world:

. . . the very worse thing about sleep: when you're sleeping, you're not billing!
Dawn

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November 02, 2005

Wednesday Is Poetry Day: Lawrence

Here's a poem by D.H. Lawrence from 1916. On the surface it seems to be a portrait of some Londoners who, down on their luck, are living by the river. But almost every stanza contains some sort of sexual imagery, it's weird.


Embankment at Night, before the War

The night rain, dripping unseen,
Comes endlessly kissing my face and my hands.

The river, slipping between
Lamps, is rayed with golden bands
Half way down its heaving sides;
Revealed where it hides.

Under the bridge
Great electric cars
Sing through, and each with a floor-light racing along at its side.
Far off, oh, midge after midge
Drifts over the gulf that bars
The night with silence, crossing the lamp-touched tide.

At Charing Cross, here, beneath the bridge
Sleep in a row the outcasts,
Packed in a line with their heads against the wall.
Their feet, in a broken ridge
Stretch out on the way, and a lout casts
A look as he stands on the edge of this naked stall.

Beasts that sleep will cover
Their faces in their flank; so these
Have huddled rags or limbs on the naked sleep.
Save, as the tram-cars hover
Past with the noise of a breeze
And gleam as of sunshine crossing the low black heap,

Two naked faces are seen
Bare and asleep,
Two pale clots swept and swept by the light of the cars.
Foam-clots showing between
The long, low tidal-heap,
The mud-weed opening two pale, shadowless stars.

Over the pallor of only two faces
Passes the gallivant beam of the trams;
Shows in only two sad places
The white bare bone of our shams.

A little, bearded man, pale, peaked in sleeping,
With a face like a chickweed flower.
And a heavy woman, sleeping still keeping
Callous and dour.

Over the pallor of only two places
Tossed on the low, black, ruffled heap
Passes the light of the tram as it races
Out of the deep.

Eloquent limbs
In disarray
Sleep-suave limbs of a youth with long, smooth thighs
Hutched up for warmth; the muddy rims
Of trousers fray
On the thin bare shins of a man who uneasily lies.

The balls of five red toes
As red and dirty, bare
Young birds forsaken and left in a nest of mud—
Newspaper sheets enclose
Some limbs like parcels, and tear
When the sleeper stirs or turns on the ebb of the flood—

One heaped mound
Of a womanÂ’s knees
As she thrusts them upward under the ruffled skirt—
And a curious dearth of sound
In the presence of these
Wastrels that sleep on the flagstones without any hurt.

Over two shadowless, shameless faces
Stark on the heap
Travels the light as it tilts in its paces
Gone in one leap.

At the feet of the sleepers, watching,
Stand those that wait
For a place to lie down; and still as they stand, they sleep,
Wearily catching
The floodÂ’s slow gait
Like men who are drowned, but float erect in the deep.

Oh, the singing mansions,
Golden-lighted tall
Trams that pass, blown ruddily down the night!
The bridge on its stanchions
Stoops like a pall
To this human blight.

On the outer pavement, slowly,
Theatre people pass,
Holding aloft their umbrellas that flash and are bright
Like flowers of infernal moly
Over nocturnal grass
Wetly bobbing and drifting away on our sight.

And still by the rotten
Row of shattered feet,
Outcasts keep guard.
Forgotten,
Forgetting, till fate shall delete
One from the ward.

The factories on the Surrey side
Are beautifully laid in black on a gold-grey sky.
The riverÂ’s invisible tide
Threads and thrills like ore that is wealth to the eye.

And great gold midges
Cross the chasm
At the bridges
Above intertwined plasm.


Lawrence uses the adjective "naked" three times in the same poem. "Bare" appears four times, "heap" five times. Look at his other images, they make a poem all their own:

endlessly kissing, slipping between, heaving sides, revealed where it hides, white bare bone, peaked in sleeping, the tram races out of the deep, eloquent limbs in disarray, a youth with long, smooth thighs, heaped mound of a womanÂ’s knees, she thrusts them upward under the ruffled skirt, erect in the deep, wetly bobbing and drifting, beautifully laid, midges cross the chasm, and lastly the intertwined plasm.

wow. Looks like he had some fun with that one. D.H. was one horny bastard.

More poetry: Did you know that Tuesday is Haikuesday at Crash and Byrne?

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November 01, 2005

California Voter's Guide

What a crappy crappy day i had today. i won't go into all the reasons, some were biological and others environmental. But i'm all stressed out right now. My preferred stress reliever had to work tonight, so instead i'm enjoying a glass of fine California wine.

One thing that pissed me off early, happened between classes as i was filling out my absentee ballot. An annoying guy in my class came over and sat down next to me. He obviously thought i was filling out a lotto card.

"Hey, if you win the lottery, do I get some?" he asked.

My first thought was, You couldn't get some offa me even if you won the lottery. Then it occurred to me that he was talking about the winnings.

"No this is an absentee ballot," i told him.

"Oh, are you voting no on all those propositions?" he said.

"What propositions do you mean?"

"Those ones the governator likes."

i paused for effect. "Um, no. i'm actually voting yes on them."

He looked horribly disappointed. "Really?"

"Yes really."

"i voted for him," he added. "But I don't like any of his propositions."

This type of thinking is apparently common, according to the polls. But i was amazed to have actually met someone with that kind of disconnection from reality.

"What's the point of voting for Schwarzenegger if you don't want him to change anything? That makes no sense at all. He can't do it by himself. We might as well have kept Gray Davis."

He obviously hadn't thought about that. "Um, well, it seems like some of those propositions are just 'broken promises.'"

Whoa. That was amazing. Here was a guy who had no idea what was on the ballot, yet he was able to parrot verbatim the Unions' attack ad slogan. That's how effective those anti-Schwarzenegger ads have been.

i wanted to lay into him at that point, but i figured the better solution would be to salvage something positive from an idiot, if possible.

i said, "They're not like that at all. Why don't you read the propositions and vote for the ones that sound good to you."

"Well, i suppose." He seemed open to the idea.

"Good. Promise me you'll do that," i flashed him a smile.

"I will. I promise."

Excellent. i had hopefully converted an idiot.

So here's how i voted for next Tuesday's special election, in case any of you care:

Proposition 73: This measure requires a 48 hour waiting period and parental notification for minors seeking an abortion. This is probably just a ploy to get conservatives to the polls, but i figure it might actually bring just as many pro-abortion voters out. Since i'm against abortion, i'm in favor of any restrictions, no matter how incremental. i voted YES.

Proposition 74: This is the first of the four Schwarzenegger propositions. This measure increases the amount of time a teacher must work before getting tenure. Right now they can get tenure after two years. The initiative bumps it up to five years. Sounds reasonable to me. YES.

Proposition 75: According to the Secretary of State this initiative prohibits "the use by public employee labor organizations of public employee dues or fees for political contributions except with the prior consent of individual public employees each year on a specified written form." That's a no-brainer. YES.

Proposition 76: This is the initiative that promises to make the State government "live within its means." i hope it passes, and if it does, i hope it works. YES.

Proposition 77: This measure is supposed to reform California's gerrymandered districts by taking redistricting out of the hands of the politicians and letting a panel of retired judges draw the lines. Not a perfect solution, but better than the current system, which leaves the foxes in charge of the henhouse. YES.

Proposition 78: One of two competing prescription drug discount initiatives. i voted for this one rather than 79, which is more flawed. YES.

Proposition 79: This prescription drug scheme relies on state bureaucrats to negotiate discounts, instead of the free market. But the worst thing is that it creates a whole new loophole for greedy plaintiff lawyers to file frivoulous lawsuits based on technicalities. NO.

Proposition 80: i don't know what to think about this measure, which purports to repeal California's energy deregulation. i can see arguments both ways on this one. However, i'm generally in favor of deregulation, so i voted NO.

The four Schwarzenegger supported propositions are 74, 75, 76 and 77. The polls say they're all going down. But the polls have been wrong before, and i hope at least 76 and 77 win. That could really start some changes here in California, which is a state that is much more conservative than its legislature. Though most people don't realize it.

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Cotillion Ball

i've neglected to link the Cotillion Ball in a few weeks, so let me remedy that right now. This week's ball is over at Portia Rediscovered, a fellow Munuvian. i like all the pictures, way cool.

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Hollywood Hypocrisy

i bet i could totally outshoot Ben Afflack, that pansy.

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October 31, 2005

Take The Hewitt Poll

Take the Hugh Hewitt poll on Judge Alito.

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MNF Pick, Week 8

Tonight, Pittsburgh hosts Baltimore. The line started out at 7½ points and is now inflated to 11½ points.

i always have trouble with big spreads on Monday night. Even with a sucky team like Baltimore, you know they don't want to embarrass themselves in front of half the country. But they're missing two key defensive starters, and Roethlisberger is back for Pittsburgh. i expect him to regain his pre-week 6 form tonight.

But will the Steelers cover the big spread? Looking at Baltimore's previous losses, you'll find: a 14 point loss to Indy, a 15 point loss to sucky Tennessee, an 18 point loss to suckier Detroit, and Chicago held them to two field goals last week.

So with the overconfident air that i've adopted this season, i'm absolutely reasonably certain that Pittsburgh will probably cover the spread. Take the Steelers and laugh at the suckers later.

Update: Nobody likes to get embarrassed on MNF. i should always go with my first impulse.

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October 30, 2005

Talking About Scooter

i apologize for not blogging much lately. i have been very busy, spending almost all of my waking time trying to care about the whole Scooter indictment. So far i have been unsuccessful.

Yesterday, in a desperate effort to make myself care, i attached this picture to a device i invented, so that i could look at it all day long. That didn't work, and in fact was more of a distraction than i intended.

Later on, i picked up the New York Times and scanned the three stories above the fold. i looked at the first story, which began with something like: Lewis Libby was indicted. Then i went to the second story which said Lewis Libby was indicted. Then i tried the third story, which talked about Lewis Libby being indicted. Then i looked at the... well, you get the picture. i thought, "what the hell?" There was nothing on there about any Scooter! If the New York Times doesn't care enough about the story to put it on their front page, why should i care?

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My Blog Is Worth...

Any takers?


My blog is worth $305,980.68.
How much is your blog worth?




It must be my Sacramento location.

Via Old Skool at Stop the Bleating.

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October 27, 2005

Always Thinking Outside The Box

Everybody always talks about building a better mousetrap. Why don't we just build a worse mouse?

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October 26, 2005

Invasion Blogging

Swamp fishing for a giant golden spermatozoon?

i gave this show its one chance, and it failed miserably.

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Miers: My End-Game Opinion

Earlier, i posted my preliminary opinion on the Miers nomination. At the time i fully expected the controversy to die down, although i was mildly disappointed with the choice. Or rather, i was more disappointed with the fact that Bush had chosen not to nominate one of my preferred candidates, instead opting for another apparent stealth nominee.

Over three weeks have passed, and i've watched and listened as the controversy refused to die. This story has had "legs," in the news parlance of the day. And the more i learned about Miers, the less willing i have been to close my eyes and hope for the best. Now, i am ready to commit to a side in this debate. It shouldn't be a surprise, given my background as a conservative with a history degree, that i have decided to oppose the confirmation of Harriet Miers as Supreme Court justice. My reasons have little to do with ideology.

Many reasons to oppose her confirmation have been proffered by conservative pundits much more knowledgeable than i am. These reasons seem to fall into a few broad categories. One group is mad because she isn't a big name judge. These folks are mad because they expected Luttig or Brown or Pryor. i can understand this criticism. i wanted McConnell or Brown. i still don't understand why Kozinski's name wasn't batted around more often. But i could have lived with my disappointment if Miers had been a good choice, and i think most conservatives feel the same way.

Another group is mad because Miers lacks a clear "judicial philosophy." The most articulate spokesman for this point of view is Mark R. Levin, who's turned the phrase " . . . but what's her judicial philosophy?" into a kind of mantra. This criticism has a lot of merit, in my view. i think it's fair to suspect that a person who has shown no evidence of having a coherent underlying approach to constitutional issues probably does not have such an underlying approach. At age 60, it's a little late to expect Ms. Miers to start developing a useful judicial philosophy if she hasn't given much thought to it before now.

Still, i'd be willing to give Ms. Miers the benefit of the doubt on the judicial philosophy question if that were my only objection. It's quite possible that despite the scant evidence of any coherent philosophy, she might actually have one. The trouble is, we don't know what it is. Larry Tribe and Erwin Chemerinsky have coherent judicial philosophies, but woe unto us if they were ever placed on the court. At least Tribe's and Chemerinsky's viewpoints are well known, as are their towering intellects. Which brings me to my next point, which is the clincher.

i'm not saying that Harriet Miers is not smart. Her background, education and experience proves to me that she is. But the position of associate justice on today's Supreme Court is not a job for just any smart person. It's a highly specialized occupation, and those who say it's not a place for "on-the-job training" have it absolutely right.

i am certainly no expert on constitutional law, although i have studied it in more detail than most people my age, both as a law student and in undergrad and graduate history courses. i know enough to know what i don't know. It is perhaps the most difficult area of law, not because it surpasses the intricate detail of a subject like tax or securities law, but because it is so malleable and its standards can be so hard to define. Con law is the "big leagues" of the legal profession. And doing con law as a Supreme Court justice is like being in the World Series. You have to be on your game at all times. You have to be the best of the best to do it right, and if you're not, it will become painfully obvious to knowledgeable observers very quickly.

i think that is the problem when non-lawyers like President Bush try to make decisions concerning the legal world. Most non-lawyers i've met seem to think that all lawyers know everything about all fields of law. No one would think to ask a dermatologist questions about spinal surgery. Yet Miers supporters are quick to assume that a corporate lawyer could easily slip into the role of constitutional scholar overnight.

i don't care that Miers has been at the White House for almost five years. That's not the same thing as spending a lifetime thinking about constitutional issues and the development of precedent from year to year and case to case. That's what con law is all about. It's analyzing precedent, history, argument and policy, then trying to extrapolate the potential reverberating effects of a ruling on future transactions, often for generations to come. Con law is to regular legal practice as Chess is to checkers.

Think about a guy like Mike McConnell, for instance. i've spent many hours this semester dissecting his various Establishment Clause articles, most notably his William and Mary Law Review piece (44 Wm. & Mary L. Rev. 2105), which is heavily footnoted, dense and unquestionably essential reading no matter what side of the religious argument you are on. i'm nowhere close to getting a handle on the subject. Here's a guy who's thought about this shit for years. He likes thinking about this shit. You could say the same thing about Prof. Tribe, if you're a liberal. Is there any evidence that Ms. Miers is similarly up to speed on even one subject of constitutional law?

So what if she's not up to speed? Why does that matter? i'll tell you why. An effective Supreme Court justice must have the power of persuasion. If the other justices do not have confidence in her mastery of the subject matter, in her authority as an analyst of the case law in question, they will eat her alive. At this point, i see no evidence that Ms. Miers has the kind of background that will give her that kind of persuasive authority. In fact, i have seen discouraging murmurs that she lacks just that.

How many Supreme Court opinions has she read top to bottom, and understood? It's hard to believe, with her busy career, that she's had the time for that kind of recreational study. If she's confirmed, when is she going to find the time then? i remember my first month of law school. In my nightly reading, i came across so many unfamiliar words and concepts that i was constantly going into Black's Dictionary to look things up. It was a nightmare. i've since learned how to skim the cases just to get through the reading, but that's not something i want my Supreme Court justices doing.

Oh sure, she can have her clerks do the heavy lifting. But in this day and age, i don't want unaccountable idealistic twenty year olds who were basically the best ass-kissers in law school leading around the new justice by her nose. There are plenty of historical examples of Supreme Court justices who relied overly much on their law clerks, but that was never a good thing. And today, the scariest issues are much scarier than they ever were back in the day. Terrorists who can blow up entire cities, scientists who can condemn millions more unborn lives to death, those are just two examples. This is a game best left to the pros.

i'm planning to watch the confirmation hearings, assuming she doesn't withdraw before then. i'm willing to keep an open mind, but unfortunately Ms. Miers has an even tougher job than Justice Roberts had. She must be absolutely stellar at the hearings, because she has to change minds. i know the White House has been working hard to prepare her, but i'd be very surprised if she can pull it off. Very surprised.

Update: You're freakin kidding me?! i told you the president reads my blog.

Update 2: i heard Dick Durbin this morning say, "this was not about documents, it was about Dobson." What an ignoramus. Dobson was one of Miers's earliest supporters, you moron.

And Hewitt's afraid we might lose to these guys?!

Update 3: The Anchoress, who correctly predicted the Miers nomination ahead of time, now turns her clairvoyant powers toward Ted Olsen. i see one problem that should prevent an Olsen nomination: a little case for which he represented the president once upon a time. Bush v. Gore. An Olsen nomination would be spun as a belated quid pro quo, fairly or not. Who needs that aggravation on top of everything else?

Let me go on record now and reiterate that McConnell is my first choice, J.R. Brown my second.

[cross-posted at A Western Heart]

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Wednesday Is Poetry Day

By Rita Dove, here's a timely poem:


Rosa

How she sat there,
the time right inside a place
so wrong it was ready.

That trim name with
its dream of a bench
to rest on. Her sensible coat.

Doing nothing was the doing:
the clean flame of her gaze
carved by a camera flash.

How she stood up
when they bent down to retrieve
her purse. That courtesy.



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October 25, 2005

Breaking News

siren.gif

MEDIA CELEBRATES 2000th US MILITARY DEATH

With a collective sigh of orgasmic release, the US Media today celebrated the 2000th military death since the beggining of the Iraq War. In the past week or so, you could almost feel the tension mounting as various anti-American news outlets such as CNN, CBS, NBC and ABC finalized their preparations for today's festivities.

Media hopes are high for a multi-orgasmic week, with many journalists openly speculating that Karl Rove may be indicted before the weekend.

"I haven't felt this good since we hit 1000 dead guys," said one giddy newsanchor, who chose to remain anonymous. "People around the newsroom are positively glowing today. And if Rove gets it, man, I'm gonna need a cigarette. Whew."

In a related story, something or other happened with some election they had over there recently.

Developing . . .

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If WWII Had Had A Chat Room

On this blog, i once lamented the way we teach history in this country. i haven't figured out a solution, but i think it should probably include a chat room.

Click on the link, it's funny. Here's an excerpt, which explains the origins of the Cold War in teen friendly language:

*tru_m4n has joined the game.*
tru_m4n: hi all
T0J0: hey
Stalin: sup
Churchill: hi
tru_m4n: OMG OMG OMG i got all his stuff!
tru_m4n: NUKES! HOLY **** I GOT NUKES
Stalin: d00d gimmie some plz
tru_m4n: no way i only got like a couple
Stalin: omg dont be gay gimmie nuculer secrets
T0J0: wtf is nukes?
T0J0: holy ****holy****hoyl****!
*T0J0 has been eliminated.*
*The Allied team has won the game!*
Eisenhower: awesome!
Churchill: gg noobs no re
T0J0: thats bull**** u fockin suck
*T0J0 has left the game.*
*Eisenhower has left the game.*
Stalin: next game im not going to be on ur team, u guys didnt help me for ****
Churchill: wutever, we didnt need ur help neway dumbarss
tru_m4n: l8r all
benny~tow: bye
Churchill: l8r
Stalin: fock u all
tru_m4n: shut up commie lol
Isn't that pretty close to the way it happened?

Via Rocket Jones &c.

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October 24, 2005

MNF Pick, Week 7

Last week was my bye week, so i'm coming back well rested and with a sure thing, no brainer pick.

Tonight, the Falcons, who i hate, are playing the Jets, who i kind of like even though their quarterback is my least favorite QB of all time, Vinnie "INT" Testaverde. The Falcons are at home and favored by 7½ points.

The Falcons are overrated. They survived with a win over the Saints last week, but they should really be a 3-3 team. The Jets however, are not overrated. Everyone knows they suck. It should be a rout tonight, so take the Falcons minus the points and laugh at the suckers later.

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Greenspan Successor Prediction

On Mondays, it's customary for me to make predictions. Bush is about to name Alan Greenspan's successor today, so here's my prediction:

Bush will name Zahira Zahir as the new chairman of the Federal Reserve Board.

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October 20, 2005

Apprentice Blogging

Is it me, or does Zenthrura sound like the stupidest fucking idea for a movie you've ever heard?

And it got made?! My rabbits in space idea is like ten times better.

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Things A Law Student Knows

Vibrators are illegal in eight states.

(Hey, i'm a law student. i'm supposed to know all about laws and shit.)

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If Dogs Wrote Haiku


woof woof woof woof woof
woof woof woof woof woof woof woof
woof woof woof woof woof

Think about it.

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