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April 2008

April 30, 2008

Slippery Slopes

Lawyers invented the slippery slope argument.  If you budge an inch on any issue, worse will follow.  If you allow handgun restrictions, pretty soon no one will be able to own a hunting rifle.  If you don't allow porn, pretty soon they'll stop printing the Bible. 

The recent case of the FLDS ranch in Texas is another example.  Read Volokh call it child abuse.  Read Obsidian Wings call Volokh wrong.  Volokh, a law professor, is just showing the slippery slope argument once again.  If the state takes children from the FLDS because (a) polygamy is illegal; and (b) the girls are minors and not yet past the age of consent, then where do you draw the line between practice of religion and the state's interests?  Certainly we know that if a religion condoned human sacrifice as one of its rites, it would be banned and illegal.  There's one extreme.  However, the slippery slope would then lead to: are Jews mutilating their boys when they are circumcised when only 8 days old?  Is it child abuse to leave a self-identifying GLBT teen in a fundamentalist Baptist home that may send him/her to an ex-gay therapy group?  So watch out!  The big, bad government is coming into your home and your church and telling you how to live!! Your souls do not have a legal right.  Blah, Blah, Blah.

Lawyers and pundits like to argue.  Personally, that slippery slope is never very slippery and the degree of tilt downwards is negligible.

April 29, 2008

Not Part of This World or That

To ironically borrow from Bill Clinton, I feel Barack Obama's pain.  What Rev. Jeremiah Wright was thinking, I can't fathom.  However, Sen. Obama rightfully re-denounced Wright's opinions.  Obama didn't throw Wright "under the bus" Wright stepped in front of it, smiling and daring to be run over.

Obama is white and black.  He is a liberal who listens to conservatives.  He's a democrat who gives credit to republicans.  He wants to serve all of us.  He is a part of each of these worlds and not really citizen of any of them.  I know that feeling.  Try to be gay and Christian.  Or gay and politically moderate.  Realize that your values and lifestyle are woefully middle class suburban, no matter how hard you try to be the witty, urbane, urban gay man.  Wherever you are you don't fit in.  You either feel guilty or defensive.  Pleasing everyone is impossible and if you're anonymous, like me, it's not so hard, since you can quietly withdraw.  But pleasing at least a plurality of the electorate is necessary for becoming president.  Perhaps this is why I so identify with Barack Obama and yearn for him to be elected president.  He certainly represents me.

Presidents Good and Bad

Over at Debatable Land, Alex Massie has asked for the three most under- and overrated presidents in U.S. history.  The three most underrated presidents [in order] in my view are:

1. Jimmy Carter
2. John Adams
3. Richard Nixon

The three most overrated presidents, also in order:

1. Andrew Jackson
2. John F. Kennedy
3. Thomas Jefferson

And now, why: (1) Jimmy Carter's single most gift to the U.S. was low inflation from 1981 to the present.  It was he (and not Ronald Reagan) who first appointed Paul Volcker to the Fed.  Knowing that a tough monetary policy was needed for long-term growth, Carter fell on his sword as interest rates spiked in 1980, one of the major reasons he lost his re-election bid.  But inflation has not been a worry in the U.S. since.  I also think the Camp David accords are not given enough credit. 

(2) John Adams is historically squeezed by Washington and Jefferson two larger-than-life presidents.  Adams continued the tradition set by Washington; kept us out of war with both England and France in our fledgling years and ensured our continued independence.  Adams is also the first president of a particular party and did well in the new format. 

(3) The two presidents that historians can never really peg correctly are LBJ (great domestic policy; disastrous foreign policy) and Richard Nixon.  Nixon's accomplishments with the USSR and China, and his domestic policies for the environment (Clean Water Act, Clean Air Act, EPA), deserve more credit which the fact that he was a paranoid criminal gets him.

(1) Andrew Jackson is all about symbolism.  He's the first non-Easterner to be president.  He's the proof that in this democracy anyone could be president.  However, his kitchen cabinet and introduction of the spoils systems really harmed this country.  He staved off the inevitable Civil War, as president of the Union who was also a slave owner, but at what future cost?  He gets credit for the Bank of the U.S., but not much else.  All in all, his former military victories seem to make him legendary but the 1828-1836 years--there isn't much there.

(2) JFK's term of office 1961-3 is really too short to infer any level of accomplishment.  [All historians never rate W.H. Harrison or Garfield since they served less than a year, however, what can be said for two years, like JFK, Harding, or Gerald Ford?]  JFK's greatness is given in terms of potential that was unfulfilled.  He would have gotten us out of Vietnam; he would have passed the Civil Rights Act, etc. are all based on potential not on his actual record.  On foreign policy he's one for two (Bay of Pigs v. Cuba Missiles).

(3) Thomas Jefferson as president 1801-1809, does what other than the Louisiana Purchase?  His major life accomplishments happen mostly before becoming president and somewhat after.  People forget that his first term is as accidental as George W. Bush's 2000 election.  A brilliant man, but brilliant president?

Most presidents are blamed and congratulated for that which lands during their term in office although is largely out of their hands.  Jimmy Carter is nailed on Iran with the hostage crisis, but the Iranian policy with the shah started in the Eisenhower administration.  Hoover is blamed for the depression, the causes of which happened completely in the Coolidge administration.  Reagan is given credit for the downfall of the Soviets, which was the culmination of foreign policy starting with Truman and each successive administration.  Likewise, the economy is largely out of a president's hand.  The Fed and Congress have more influence on the U.S. economy.  Bill Clinton was not responsible for the prosperity of the 1990s, although he, with a republican Congress pushing him, spent the dividend wisely and balanced the budgets.  That economic boom was Volcker, Greenspan and the collapse of communism.  So, it's difficult  to credit any one president with anything that is historical current of occurrences.

April 28, 2008

Honorable Mention

Boston.com has a cartoon caption contest weekly. This week I got an honorable mention.1208528960_2852

It's not what you think. There's an underwear contest at South Beach.
Martin, West Roxbury

Winner: That explains the horse's head in seat 2A!
Dave Rothstein
North Easton

Yes, mine was funnier.

Non-Activist Legislators

The case of Lily Ledbetter was decided by the U.S. Supreme Court recently.  The story of this woman whom most people agree was treated unfairly, is one where both left and right are wrong.  Ms. Ledbetter worked for Goodyear Tire for 20 years making less than her male counterparts.  A jury found Goodyear liable and awarded her a little over $3.8 million on September 24, 2003. [Those people with access to Westlaw can read this opinion of the Northern District of Alabama, 2003 WL 25507253 (N.D.Ala.).] 

The first problem is the punitive damages awarded this woman.  I agree that she should be paid the differential on her back wages for twenty years, plus interest, plus her legal fees.  However, that amount according to the court documents was about $600,000.00.  The other $3.2 million was punitive damages, a peculiarly American institution whereby we punish corporations and individuals monetarily rather than criminally.  Now, if someone gave me (or any other average American whose yearly income is $47,000) a check for $600,000.00, we'd all say thank you.  However, with punitive damages and the perceived deep pockets of corporations, it's literally winning the lottery.  We owe people what they deserve, no more, no less.

Naturally, Goodyear appealed and the case was decided by the U.S. Supreme Court in a 5-4 decision.  Through a legal loophole, five justices decided that she had only 18 months to file a grievance against Goodyear, and naturally after twenty years, she had missed her chance.  More on that from Obsidian Wings.  For anyone who thinks the law is about justice, let them be forewarned.  The law is what the law says it is.  This is not the Supreme Court's fault, but the sloppiness of the legislators who wrote the law with all the weasel words and unclear intention and meaning.  But Ms. Ledbetter has a legal remedy.  Change the existing law.  So that's what this Congress tried to do until the republicans in the Senate filibustered and did not allow the bill to pass.  They need 60 votes and got only 56 (and yes John McCain was absent and it against this bill).  So, the republicans cannot be the chorus of "Bad Activist Judges" when giving the chance, they are lazy and irresponsible legislators. 

So long as our legislators keep falling down on the job, somewhere a judge will be forced to do that job for them.  We've constructed this systems ourselves and have only ourselves to blamed.  Legislators work for us.  Fire them by voting them out of office.

April 27, 2008

Presidents by Decades

Ann Althouse notes that if John McCain is not elected in November, we will not have a president born in the 1930s. This got me to thinking if any other decade has been skipped since the 1730s when George Washington was born.

1730s: Washington, J. Adams
1740s: Jefferson
1750s: Madison, Monroe
1760s: J.Q. Adams, Jackson
1770s: W. H. Harrison
1780s: Van Buren, Taylor
1790s: Tyler, Polk, Buchanan
1800s: Fillmore, Pierce, Lincoln, A. Johnson
1810s: *NONE*
1820s: Grant, Hayes
1830s: Garfield, Arthur, Cleveland, B. Harrison
1840s: McKinley
1850s: T. Roosevelt, Taft, Wilson
1860s: Harding
1870s: Coolidge, Hoover
1880s: FDR, Truman
1890s: Eisenhower
1900s: LBJ
1910s: Kennedy, Nixon, Ford, Reagan
1920s: Carter, G.H.W. Bush
1930s: *NONE* [John McCain, republican nominee, 2008]
1940s: Clinton, G.W. Bush [Hillary Clinton, democratic candidate, 2008]
1950s: *NONE*
1960s: [Barack Obama, democratic candidate, 2008]

So, yes, we've already skipped the 1810s. There is a tie for four presidents each in the 1800s, 1830s, and 1910s.

April 26, 2008

NYPD Blues

The Sean Bell case was decided and the three detectives acquitted in a bench trial. That is, they waived their right to a jury trial and one judge weighed the evidence and decided they were innocent. The inner city citizens have lost their trust in their police officers. It may well be that these detectives were innocent, in the legal sense. It's not a crime to be incompetent. They have lost their jobs (thankfully) and may be civilly liable for wrongful death. CNN reports:

It was clear that Guzman was the linchpin of this case. If you believe him, that the officers shot at Bell and his friends for no reason at all, the officers are guilty. If you don't believe him, then his statement -- "Go get my gun" -- sent the night into mayhem, causing the officers to believe that the men were armed and justifying the officers' actions that night.

I can't agree with that last line. Three detectives, under cover, looking for prostitution in a strip joint. Now, good detectives, would have noticed there was a bachelor party happening. They also would have noticed that the partyers were drunk. I'm completely confused as to how detectives watching some drunk guys at a strip joint during a bachelor party, hear "Go get my gun" and lack the training to diffuse that situation without firing 50 bullets and killing an innocent and unarmed man.

And that's the problem. Even if you accept that this person said that, are we training the police to use deadly force in such an egregious manner? Are they not trained to shoot people in the leg or shoulder in order to disable them? 50 bullets????? And, of course, it's not the first time (nor sadly the second or third).

Marriage Threat

Two more straight (and celebrity) marriages that have failed. Gary Coleman, former child star, is ending his marriage (on Divorce Court, no less) after eight months. Likewise after three years, Star Jones is getting divorced, after being married in what was a star-studded, over-the-top, bridezilla wedding, that also led to her being fired from The View.

Now, please explain to me one more time why same-sex marriage is a threat to this fine and upstanding institution?

April 25, 2008

Whack Job Grammar

American Scene has:

A “wack job” is a crazy person — “wack” as in “wacky.” Look it up. A “whack job,” by contrast, would be something that Tony Soprano ordered.

Being from New Jersey I already knew that since we have both there.

That's Show Biz

The Library of Congress has an online exhibition on West Side Story: Birth of a Classic.  What caught my eye are Leonard Bernstein's casting notes.  Note that a young Warren Beatty auditioned for Riff.  Bernstein calls him "charming as hell; clean cut."  Jerry Orbach auditioned for Chino.  He gave a good reading and has a loud baritone.  Neither man got the part, but went on to stardom anyway.  What would have happened if Beatty had been cast as Riff in 1957?