Monday, February 28, 2011

A question Google *doesn't* answer

I'm reading Robert Blake's life of Disraeli, and quoted is a line from an 1868 Commons debate in which Dizzy is rebuking some Tory rebels who'd moved to his right:
When the bark is heard from this side the right hon. Member for Calne (Mr. Lowe) emerges, I will not say from his cave, but, perhaps, from a more cynical habitation. He joins immediately in the chorus of reciprocal malignity— ‘And hails with horrid melody the moon.’
In quotes, right? A line from a poem, apparently. But what poem, by whom?

One would guess Scott or Byron. But online searching yields nothing except quotations of the Commons debate.

"And we don't mean look like James Franco at the Oscars."

Marauding Gay Hordes Drag Thousands Of Helpless Citizens From Marriages After Obama Drops Defense Of Marriage Act

WASHINGTON—Reports continue to pour in from around the nation today of helpless
Americans being forcibly taken from their marital unions after President Obama
dropped the Defense of Marriage Act earlier this week, leaving the institution
completely vulnerable to roving bands of homosexuals. "It was just awful—they
smashed through our living room window, one of them said 'I've had my eye on
you, Roger,' and then they dragged my husband off kicking and screaming," said
Cleveland-area homemaker Rita Ellington, one of the latest victims whose
defenseless marriage was overrun by the hordes of battle-ready gays that had
been clambering at the gates of matrimony since the DOMA went into effect in
1996. "Oh dear God, why did they remove the protection provided by this vital
piece of legislation? My children! What will I tell my children?" A video
communique was sent to the media late yesterday from what appears to be the
as-yet unidentified leader of the gay marauders, who, adorned in terrifying
warpaint, announced "Richard Dickson of Ames, Iowa. We're coming for you
next. Put on something nice
."

There's a reason it's not called "audio-visual argument"

Howard Bashman muses on handouts or visual aids at oral argument:
For reasons that I'd be more than happy to discuss further in the event that anyone is interested, I'm not a huge fan of using handouts or demonstrative exhibits at an appellate oral argument.

Moments before my en banc oral argument was to begin Wednesday at the U.S. Court of Appeals for the Third Circuit, opposing counsel handed me a collection of documents that he proposed to distribute to the judges to walk them through his presentation. That was, frankly, the first time that I had had that happen to me or seen that happen in more than 20 years of appellate work.

The representatives of the Third Circuit's clerk's office in the courtroom would not allow the handout to be distributed to the judges without my consent. I decided not to consent, because the best use of my time in the moments before the oral argument was not perusing opposing counsel's proposed handout, and there was nothing that had precluded opposing counsel from finding out earlier in advance of the oral argument that my consent was needed and then requesting my consent at that earlier time.
Hard to fault him there, tho I'm sure his opposing counsel has tried. No excuse for not having those documents handy a week in advance -- or for that matter, attaching them to a brief.

Via Bashman, here also is an Indiana lawyer's post about state-court practice there regarding visual aids.

I generally share Bashman's view, tho NMC posted a counterexample ... along with a couple of instances that prove the rule.

Why the Ten Commandments?

The Volokh blog notes a Virginia public high school's prohibition of students' posting the Ten Commandments (but not other, non-religious speech) on their locker doors. The ACLU quite rightly has sent the school an educational, smarten-up-before-we-sue-you letter.

This reminds me of the weirdness of American Christianity.

Posting the Ten Commandments in schoolrooms and courtrooms is a perennial legal issue. An Alabama chief justice had a giant "idol" of the Commandments erected in his supreme court. It's not just Protestants either; my kid's Catholic school has the Commandments posted beside the school office.

Why is no one posting, say, the Beatitudes? Or the Golden Rule? (You do see the latter sometimes, but it's played no role in the culture wars like the Commandments.) Why do the nation's self-proclaimed defenders of Christianity give pride of place to the Ten Commandments?

There could have been some legal basis, i.e. the Commandments are "Judeo-Christian" and thus not "just" Christian; but I don't think current Constitutional law makes much distinction there, if it ever did.

No, I think there's a political message there: society is bad and needs to get back to following the Law of God. The message that the meek and the poor are blessed, by contrast, doesn't serve many people's agendas.

Tuesday, February 22, 2011

I mean, I've never seen Qaddafi and Iron Man in the same room ...

Saw this pic at Sullyblog, and it disturbed me.



Because however clever it was to kidnap Qaddafi and insinuate Robert Downey, Jr. in his place, shouldn't Downey have stopped short of tanks and bombers to keep his cover? Enough is enough!

... This post reminded me to look up the fate of the greatest double agent ever, the secret policeman whose cover went SOOOOOO deep as to orchestrate the assassination of the head of the secret police. I'd always assumed he was executed, but he got away to Germany; died in Berlin in 1918. There oughta be a movie.

Q. How many mathematicians does it take to screw in a light bulb?

A. 0.99999...

Thursday, February 17, 2011

Well, these deck chairs are looking good now, if only the ship weren't tilting!

New York’s top court officials will bar the state’s hundreds of elected judges from hearing cases involving lawyers and others who make significant contributions to their campaigns, a move that will change the political culture of courts and transform judicial elections by removing an important incentive lawyers have for contributing.
And creating a new incentive to contribute. How many defense firms would contribute $2500 a head to Tomie Green or Winston Kidd to enforce her recusal? How many plaintiff's lawyers would've given $2500 to stay out of Swan Yerger's courtroom? And wouldn't Billy Joe Landrum make out like a bandit under this system?

From the NYT, via LGM, some of whose commenters grasped this point immediately; the NYT article did not mention it at all.

The problem with judicial elections is not going to be solved by limiting contributions. It's going to be solved by getting rid of judicial elections.

Wednesday, February 16, 2011

An armchair revolutionary (in the best possible sense)

The NYT has a fascinating little profile of a man studied intently by some of the Egyptian protesters -- Gene Sharp from Boston, MA.
Few Americans have heard of Mr. Sharp. But for decades, his practical writings on nonviolent revolution — most notably “From Dictatorship to Democracy,” a 93-page guide to toppling autocrats, available for download in 24 languages — have inspired dissidents around the world, including in Burma, Bosnia, Estonia and Zimbabwe, and now Tunisia and Egypt.

When Egypt’s April 6 Youth Movement was struggling to recover from a failed effort in 2005, its leaders tossed around “crazy ideas” about bringing down government, said Ahmed Maher, a leading strategist. They stumbled on Mr. Sharp while examining the Serbian movement Otpor, which he had influenced.

When the nonpartisan International Center on Nonviolent Conflict, which trains democracy activists, slipped into Cairo several years ago to conduct a workshop, among the papers it distributed was Mr. Sharp’s “198 Methods of Nonviolent Action,” a list of tactics that range from hunger strikes to “protest disrobing” to “disclosing identities of secret agents.”

Dalia Ziada, an Egyptian blogger and activist who attended the workshop and later organized similar sessions on her own, said trainees were active in both the Tunisia and Egypt revolts. She said that some activists translated excerpts of Mr. Sharp’s work into Arabic, and that his message of “attacking weaknesses of dictators” stuck with them. * * *

Autocrats abhor Mr. Sharp. In 2007, President Hugo Chávez of Venezuela denounced him, and officials in Myanmar, according to diplomatic cables obtained by the anti-secrecy group WikiLeaks, accused him of being part of a conspiracy to spark demonstrations intended “to bring down the government.” (A year earlier, a cable from the United States Embassy in Damascus noted that Syrian dissidents had trained in nonviolence by reading Mr. Sharp’s writings.)

In 2008, Iran featured Mr. Sharp, along with Senator John McCain of Arizona and the Democratic financier George Soros, in an animated propaganda video that accused Mr. Sharp of being the C.I.A. agent “in charge of America’s infiltration into other countries,” an assertion his fellow scholars find ludicrous.

“He is generally considered the father of the whole field of the study of strategic nonviolent action,” said Stephen Zunes, an expert in that field at the University of San Francisco. “Some of these exaggerated stories of him going around the world and starting revolutions and leading mobs, what a joke. He’s much more into doing the research and the theoretical work than he is in disseminating it.”
Presidential-Medal-of-Freedom material, one would think. Perhaps Obama's saving that for some of the CIA's torture veterans.

"Curveball" gloats at pwn'g Germans, U.S.

Via Tom Ricks, the Iraqi defector who lied about Saddam's alleged WMDs now gloats that he made all that shit up, and it worked!
As Curveball watched Powell make the US case to invade Iraq, he was hiding an admission that he has not made until now: that nearly every word he had told his interrogators from Germany's secret service, the BND, was a lie.

Everything he had said about the inner workings of Saddam Hussein's biological weapons programme was a flight of fantasy - one that, he now claims was aimed at ousting the Iraqi dictator. Janabi, a chemical engineering graduate who had worked in the Iraqi industry, says he looked on in shock as Powell's presentation revealed that the Bush administration's hawkish decisionmakers had swallowed the lot. Something else left him even more amazed; until that point he had not met a US official, let alone been interviewed by one.

"I had the chance to fabricate something to topple the regime," he told the Guardian in a series of interviews carried out in his native Arabic and German. "I and my sons are proud of that, and we are proud that we were the reason to give Iraq the margin of democracy."
Exiles lie! Who would have thought it?
As to their vain hopes and promises, such is the extreme desire in them to return home, that they naturally believe many things that are false and add many others by art, so that between those they believe and those they say they believe, they fill you with hope, so that relying on them you will incur expenses in vain, or you undertake an enterprise in which you ruin yourself.
-- Machiavelli, Discourses, 2:31. See, the problem with Bush and Cheney is they weren't Machiavellian enough.

... In comments, CharleyCarp points us to a 2008 story on Curveball:
Along with confirmation of Curveball's identity, however, have come fresh disclosures raising doubts about his honesty -- much of that new detail coming from friends, associates and past employers.

"He was corrupt," said a family friend who once employed him.

"He always lied," said a fellow Burger King worker. * * *

In early 2002, a year before the war, he told co-workers at the Burger King that he spied for Iraqi intelligence and would report any fellow Iraqi worker who criticized Hussein's regime.

They couldn't decide if he was dangerous or crazy.

"During breaks, he told stories about what a big man he was in Baghdad," said Hamza Hamad Rashid, who remembered an odd scene with the pudgy Alwan in his too-tight Burger King uniform praising Hussein in the home of der Whopper. "But he always lied. We never believed anything he said."

Another Iraqi friend, Ghazwan Adnan, remembers laughing when he applied for a job at a local Princess Garden Chinese Restaurant and discovered Alwan washing dishes in the back while claiming to be "a big deal" in Iraq. "How could America believe such a person?"
As Charley notes, the CIA evidently was not up to the smarts of some Burger King employees.

Must be that lifetime-appointment thing

The Clarion-Ledger on Justice Graves's confirmation by the Senate:
Mississippi Supreme Court Justice James Graves says he'll feel pressure to do a good job on the 5th Circuit U.S. Court of Appeals in New Orleans.
Finally.

Friday, February 11, 2011

Shouting "bitch" in a crowded theater

It's not protected either by the First Amendment, apparently.

(H/t Bashman.)

Torture: it's good for your resumé

Torture: it's not only not a war crime, or a felony, it's actually a career move.
In the years since the Sept. 11, 2001, terrorist attacks, officers who committed serious mistakes that left people wrongly imprisoned or even dead have received only minor admonishments or no punishment at all, an Associated Press investigation has revealed. * * *

Though Obama has sought to put the CIA's interrogation program behind him, the result of a decade of haphazard accountability is that many officers who made significant missteps are now the senior managers fighting the president's spy wars.

The AP investigation of the CIA's actions revealed a disciplinary system that takes years to make decisions, hands down reprimands inconsistently and is viewed inside the agency as prone to favoritism and manipulation. When people are disciplined, the punishment seems to roll downhill, sparing senior managers even when they were directly involved in operations that go awry.
Two officers involved in the death of a prisoner in Afghanistan, for instance, received no discipline and have advanced into Middle East leadership positions. Other officers were punished after participating in a mock execution in Poland and playing a role in the death of a prisoner in Iraq. Those officers retired, then rejoined the intelligence community as contractors.
Obama finds the torturers useful; hence they cannot be prosecuted.

The article begins by noting that the fool who had Khalid al-Masri, a German citizen, nabbed and tortured, is now "risen to one of the premier jobs in the CIA's Counterterrorism Center, helping lead President Barack Obama's efforts to disrupt al-Qaida." The article calls her "a tireless worker who made the wrong call under intense pressure." Uh, no. Jane Mayer covered this in The Dark Side: even after Masri's passport checked out, and the agents actually dealing with him were convinced they had the wrong guy, this woman -- the head of the al-Qaeda unit in D.C. -- insisted on continuing to hold and torment him:
As Masri wasted away, being fed rotten chicken bones and suffering from chronic diarrhea, the chief of station in Kabul was saying, "I want this guy out" -- but in Washington, the head of the Al-Qaeda Unit kept insisting she had "a gut feeling he's bad. She can't admit a mistake," a former colleague said. [After his passport checked out,] The head of the Al-Qaeda Unit still wanted Masri held. "She just looked in her crystal ball and it said he was bad," said another former colleague at the CIA in disgust. "If you're going to unleash the beast," he said of the CIA's terrible powers, "you better be damn sure of your target."

After this had gone on for several months, some of those in the Agency who knew that Masri's passport was legitimate started to lobby for his release. One CIA official said he came in every morning and asked, "Is that guy still locked up in the Salt Pit?"

But the Al Qaeda Unit leader was still saying she had suspicions about him. She argued, a source said, that Masri "had phone calls to people who were bad. Or to people who knew people who were bad."
Do you, Gentle Reader, have phone calls to people who know people who are bad?
"But is he a terrorist?" the others were asked.
Two CIA officers in Europe planned a "reverse rendition" to bring Masri home, but even after months without any evidence that he was a terrorist, this CIA official would not budge: she
was still arguing that he was a terrorist. She had an unusual amount of clout in the Agency. She was smart and tough. And her trump card was that she sometimes personally briefed President Bush.
Finally the matter went up to Tenet, who could see the political downside, and Masri was released. "Seven or eight other cases like Masri" have been investigated by the CIA inspector general.

The same woman now "regularly briefs Panetta, making her an influential voice in Obama's intelligence circle." I am unaware of any report that she has ever admitted any error regarding Masri.

Of course, some wackos might carp about his birth certificate

Egypt has a problem. The GOP has a problem. Jon Chait solves both problems at a stroke:
Hosni Mubarak is hated in Egypt, but reluctant to give up power. Meanwhile, the Republican Party is desperate for a credible presidential candidate. Are you thinking what I'm thinking? Yes: Mubarak should cut a deal to step down as president of Egypt, take exile in the United States where he'll be granted citizenship, and immediately jump into the Republican primary field.

The more I think about this, the more sense it makes. The GOP field is torn between candidates with executive experience but no foreign policy experience (i.e., governors like Mitt Romney or Mitch Daniels) and candidates with foreign policy experience but no executive experience. Mubarak has both!

You want a candidate who's tough on Islamists? The other Republicans can talk all they want about doubling Gitmo, but only Mubarak has imprisoned and tortured Islamists. You can't possibly get to the right of him on this issue. And he's extremely pro-Israel.
Plus his record on taxes, the liberal media, and antipathy to Obama are all very strong indeed.

... Aaaaaaand he's available.

Thursday, February 10, 2011

T.S. Eliot -- plagiarist!

Well, he did say that good poets borrow, great poets steal.

Via DeLong, Jim Macdonald's research has uncovered the text of "The Love Song of J. Alfred Prufrock" ... by Rudyard Kipling.
You can talk o' coffee spoons
When you're sittin' in your rooms
Or wanderin' dark streets wi' bad intent
But when comin' down the stairs
You 'ad better all bewares
O' our Michelangel-wallah, Alfred 'Frock!
The arguments 'e made
Very seldom would dissuade
The colonel from decidin' what was what,
But the way 'e tied 'is tie
Made the lads shout "Harry By!"
When 'e brought the mermaids to the sentry 'ut.

An' it's 'Frock, 'Frock, 'Frock!
Why you bugger, what's that 'idden in your smock?
You go risposta fosse
Wi' your senza piu scosse!
Why's a peach stuck in your pocket, Alfred 'Frock?

The uniform 'e wore
Was 'is trousers rolled before
An' 'is hair combed down a little bit behind.
When the fog was blowin' yellow
You'd go lookin' for the fellow
An' some novels an' some teacups you would find.
We was standin' in the hall
When Prince 'Amlet came to call
An' a lord was what we needed an' right quick
So we started in to shout,
"Is there any lord about?"
When up an' came a-trottin' Alfred 'Frock

An' it's 'Frock! 'Frock! 'Frock!
Would you leave off watchin' that thrice-blessed clock?
If you don't tornass' al mondo
You can just di questo fondo
You bleedin' literary Alfred 'Frock!

'E was tellin' 'is one joke,
'Bout a showgirl an' a bloke,
When the prince 'e keeled over wi' ennui
In the midst o' some digression
'Bout the claws an' their procession
That didn't make a lick o' sense to me.
So 'e took a slice o' toast,
An' a piece o' a cold roast,
Then 'e looked for just a spot o' marmalade.
Wi' a smile a little bent
'E said, "That's not what I meant,"
An' that is 'ow 'e ended 'is tirade.

An' it's 'Frock! 'Frock! 'Frock!
You're listenin' to a string quartet by Bach!
Wi' your stream o' conscious' blather
An' an angsty long palaver
You're an influential poet, Alfred 'Frock!
Clearly, the entire history of modernism has now to be rewritten.

Wednesday, February 09, 2011

Diversity adversity

Assuming that James Graves is sooner or later confirmed as a judge on the Fifth Circuit bench, that will leave not only a vacancy on the Mississippi Supreme Court, but an all-white Court as well. Hence the likelihood of calls for Haley Barbour to appoint a black person to replace Graves.

Seems fair enough, no? But be careful:
Are Judges “Employees” Covered by State Antidiscrimination Law?

Howard v. Kansas City (Mo. Jan. 25) says “yes,” as to state antidiscrimination law, and notes the difference of opinion among different states’ courts on the subject. Judges are not covered by federal antidiscrimination law, and it’s not clear whether the Equal Protection Clause bars discrimination in the appointment of high-level officials (a category that might well include judges).

In this case, plaintiff was awarded “$633,333 in compensatory damages and $1.5 million in punitive damages” (plus attorney fees and prejudgment interest), because the jury found that she was denied a judicial appointment because she was white ....
The question then becomes, is "Mississippi antidiscrimination law" anything more than a punch line? Haven't time to look right now, but it's a good question.

... Judges are nonstate-service personnel under Miss. Code Ann. 25-9-107. Nonstate-service employees can't be *terminated* on racial grounds, but I don't see that *hiring* (or not) is actionable. Not a subject I'm really up on, however.