Monday, December 22, 2008

Unspeakable Horror

I lost 10 SAN just looking at this picture

Would you like a Mi-Go for Christmas, little girl?

The expression of absolute horror on the kid's face is what makes it all work.

Thursday, December 18, 2008

Bowl Blitz

Bowl season is upon us. 'Tis the most wonderful time of the year. I do so enjoy watching the bowls - even the little ones with two 6-6 teams and only 10,000 people in the stands. There is nothing else in sports quite like it, and I love every minute of it. I'll save my anti-playoff rant for another time.

34 games starting this Saturday (4 games) and ending with the BCSCG on Jan 8. And I just happen to know the winners of each and every game.

Of course, I take no responsibility if you choose to make a financial investment in the following predictions and Fate, the Universe, or the Flying Spaghetti Monster chooses to grant victory to the wrong team.

Predictions for every bowl game.

Dec 20, 2008
EagleBank Bowl: Wake Forest over Navy
New Mexico Bowl: Colorado State over Fresno State
St. Petersburgh Bowl: South Florida over Memphis
Las Vegas Bowl: Brigham Young over Arizona

Dec 21, 2008
New Orleans Bowl: Troy over Southern Miss

Dec 23, 2008
Poinsettia Bowl: Boise State over Texas Christian

Dec 24, 2008
Hawaii Bowl: Hawaii over Notre Dame

Dec 26, 2008
Motor City Bowl: Central Michigan over Florida Atlantic

Dec 27, 2008
Meineke Car Care Bowl: West Virginia over North Carolina
Champs Sports Bowl: Florida State over Wisconsin
Emeral Bowl: Miami over California

Dec 28, 2008
Independence Bowl: Northern Illinois over Louisiana Tech

Dec 29, 2008
PappaJohns.com Bowl: Rutgers over North Carolina State
Alamo Bowl: Missouri over Northwestern

Dec 30, 2008
Humanitarian Bowl: Maryland over Nevada
Texas Bowl: Rice over Western Michigan
Holiday Bowl: Oklahoma State over Oregon

Dec 31, 2008
Peach Bowl: Georgia Tech over Louisiana State
Armed Forces Bowl: Air Force over Houston
Sun Bowl: Oregon State over Pittsburgh
Music City Bowl: Boston College over Vanderbilt
Insight Bowl: Kansas over Minnesota

Jan 1, 2009
Capital One Bowl: Michigan State over Georgia
Outback Bowl: Iowa over South Carolina
Gator Bowl: Nebraska over Clemson
Rose Bowl: Southern California over Penn State
Orange Bowl: Virginia Tech over Cincinnati

Jan 2, 2009
Cotton Bowl: Mississippi over Texas Tech
Liberty Bowl: East Carolina over Kentucky
Sugar Bowl: Alabama over Utah

Jan 3, 2009
International Bowl: Buffalo over Connecticut

Jan 5, 2009
Fiesta Bowl: Texas over Ohio State

Jan 6, 2009
GMAC Bowl: Ball State over Tulsa

Jan 8, 2009
BCS Championship: Florida over Oklahoma

Monday, December 15, 2008

get your own lawyer

I’m a public defender

That means that I provide criminal defense to people who can’t afford to hire their own lawyer for their case. The large majority of my clients are unemployed, on disability or working for minimum wage. Even my drug dealer clients are usually broke because they are just selling crack or weed on a small-time basis and probably averaging out to about five bucks an hour for their troubles.

In order to have a public defender appointed, a defendant needs to fill out an application, under oath, as to his financial situation. If he is sufficiently broke, he is declared indigent and a PD is appointed.

There are two loopholes in the system, however. First, there is no checking or verification of an application – not even a credit report. Second, if a person is in jail at the time of the application, he is automatically indigent.

This means that we get a statistically significant number of clients who are not only not indigent, but make considerably more money that I do. I recently had a client who was able to pay off his $15,000 fine in a single payment. I have had several clients who signed an application form stating that they had no income, no job, and no savings. But when I interview them they start telling me about their great job making $20/hr or more, or how their rich great uncle just left them $200,000 in his will a few months ago.

I have clients who make $680/month on SSI, but somehow can afford to drive a tricked-out Escalade or a BMW M5. I have young clients, 17-20 years old, whose parents are, if not wealthy, at least comfortable.

This is a real problem. We are spending a lot of time working cases for people who can, and should, be hiring their own lawyers. I practice in a micropolitan area and there are several very good private attorneys who do primarily (or only) criminal defense in the area. Most of these attorneys will do outstanding work and will not beggar their clients in the process.

When someone is perfectly capable of hiring her own attorney for her case, but hires the public defender office instead, she is damaging the system. She is taking time away from someone who really is indigent and really cannot afford an attorney.

I typically have about 150 open cases at any given time. These will range from traffic offenses up to rape and murder. We have one investigator, two secretaries and two paralegals to work for nine attorneys. We have virtually no budget for outside investigators or expert witnesses or anything else. We simply do not have the time or the resources to give the kind of attention to cases that a private, paid attorney can provide.

For example: the police in this circuit are, for the most part, pretty bad at doing field sobriety tests. I do not have the money to hire an expert to tell the jury how screwed up the FSTs were. Sure, I can do a pretty good cross exam, but in the end the cop just tells the jury that his “training and experience” tell him that the driver was drunk. A private attorney – especially a DUI specialist – can hire an expert to explain why the FST were done so badly that the cop had no probable cause to arrest, and at least have a chance at getting the Intoxylizer results suppressed.

A private attorney can hire a traffic engineer to explain to the jury why the intersection is so badly designed that car wrecks are unavoidable and the crash in which you crippled another driver is not really your fault.

A private attorney can hire a private investigator to go out and find witnesses who can support your “I was drinking at the bar” alibi

If you can possibly find a way to hire an attorney, do so. Sell your BMW and buy a Ford. Use the difference to hire someone to defend you. We public defenders are good at our job – we believe in what we do and we work hard at it. But we are spread too thin. Leave us to work on the cases for people who really need us.

Friday, December 5, 2008

Grrr

Just finished a long trial.

Lost.

Guilty on all counts.

I worked my ass off on this trial. I'm a public defender, so I don't have to keep track of hours worked in 6-minute increments like private attorneys do, but I worked on nearly nothing else for 2 solid weeks - with many days being from 5:30am til 6:30pm. Add in the hours spent prior to this and I have probably devoted 150 hours to trial prep on this case. I knew it absolutely cold and was ready for everything.

Well, everything except overwhelming evidence of guilt.

sigh

What really bugs me is that the jury didn't even pretend to think about it. Four days of testimony and 89 exhibits, and they came back with guilty on all seven counts in only 45 minutes. Couldn't they have gone back there and played Canasta for a couple of hours or something?

I also have no chance of any kind of success at the sentencing hearing in a couple of weeks. Even so, I will devote everything I can to winning something on the sentencing. In this case, a sentence that includes the possibility of parole would be a success.

On Monday, it is "Once more unto the breach, dear friends, once more."** We start a trafficking in methamphetamine trial in which I will be reduced to trying to punch holes in the state's case. My theory of the case seems to have crystallized as "not going down without a fight."

Oh well. At least I have a nice juicy armed robbery coming up that I have a real chance of winning.


**Henry V, Act III, scene 1

Tuesday, November 11, 2008

Veteran's Day

Today is Veteran's Day.


Every freedom you enjoy carries with it the weight of millions of lives risked and sacrified to preserve that freedom. Maybe you disapprove of the Iraq war, as I do, or maybe you believe wholeheartedly in that cause. Maybe you've never served in the military or maybe you are a veteran of multiple combat actions. Maybe your mother or father, or son or daughter, or brother or sister is wearing a uniform right now. Maybe you have a friend or family member who made the ultimate sacrifice in defense of the United States. Whereever you may fall in the political or philosophical spectrum, your right to express those opinions and views is, and has been, defended by our men and women in uniform.


God bless those who serve.




"I may disapprove of what you say, but I will defend to the death your right to say it." --Voltaire


Monday, November 10, 2008

Predictions and Mumme Poll

Not a good week for predictions. 4-2 straight up and 2-4 against the spread.

My Mumme Poll ballot:

Top Five:

Alabama
Florida
Southern California
Texas
Texas Tech

Rest of Top Twelve:

Boise State
Georgia
North Carolina
Ohio State
Oklahoma
Penn State
Utah

Thoughts:

The top five has become pretty easy. No question about Alabama, Florida and TT. Southern Cal has an amazing defense - I would love to see them up against the Texas Tech offense. My only real question in the top five was whether to put Oklahoma or Texas there, but the Longhorns have the better resume.

Most of the 6-12 slots were pretty easy as well. Utah dispatched Texas Christian (I was starting to enjoy the Frog bandwagon) and looks to finish out undefeated.

Boise State is probably going to finish undefeated, but against an atrocious schedule. I have no good reason for ranking them instead of Ball State except history. The Broncos have been good for several years now and have Fiesta Bowl win in their trophy case.

Penn State gives a lesson to everyone: You can't take the teams you should beat for granted. The Nittany Lions are still a very good team, but no longer deserving of the top five. (In contrast with Florida, the Saurians have a better overall resume and Ole Miss is better than Iowa).

Ohio State is starting to look like they were supposed to, and if Penn State slips up agaisnt Michigan State, the Buckeyes could be getting a rematch with Southern Cal.

Georgia seems to have forgotten how to play defense. Seriously, giving up 38 or more points 3 weeks in a row? Not even Tennessee or Mississippi State are doing that. Even so, the dawgs keep winning unless they play a really good team, so I'll put them back in. However, I don't think they are here to stay - I foresee one more loss.

North Carolina keeps their slot with the big win over a pretty decent Georgia Tech squad, and has the inside track to the ACC championship game.

No one from the Big East was even considered, nor was anyone from the ACC other than UNC considered.

Eyes on: Michigan State, Virginia Tech, Ball State, Missouri, Oklahoma State



A thought experiment, just for fun: Imagine if Penn State loses to Michigan State. Whoever wins the Big 12 south loses to Missouri in the championship game. Florida loses to Florida State. Alabama loses to Auburn. Florida beats Alabama in the championship game. Doen't that leave Southern Cal on top? And then who gets picked to play them in Miami? Ohio State, who already got beat down by the Trojans and who has laid a big fat egg in the last two MNC games? Or Utah?


Current BCS bowl projections:

Rose: Southern California vs. Penn State
Fiesta: Texas vs. Utah
Sugar: Alabama vs. Pittsburgh
Orange: North Carolina vs. Ohio State

Championship: Florida vs. Texas Tech

Friday, November 7, 2008

Weekend predictions + 10

Predictions for this weekend.

Florida at Vanderbilt. Lessee ... Florida beat UGA and KY by about a bajillion to 5. Really, unless Florida just completely misses the flight to Nasville, the Gators win and easily cover the 24.5

Arkansas at South Carolina. Arkansas is desperately trying to gain some respectability before Bobby Petrino trots off to Clemson, or Washington, or K-State, or Tennessee, or whereever he is going next. SC is trying to get to a good bowl and not make Spurrier look inept. 'Cocks win, but take the hogs and the 10

Georgia at Kentucky. Georgia is coming off the same kind of beatdown that Kentucky is two weeks removed from. Other than that, Kentucky has no offense and a defense that is not as good as its ranking would indicate. Georgia has a very good offense, a fair defense and absolutely no killer instinct. Fortunately, they don't need one this week. Doggies cover 11.5

Alabama at LSU. The Saban bowl. LSU is just not all that good, and Alabama is all that good. Also, Saban is a better coach than Miles. Tide rolls and covers the 3

Georgia Tech at North Carolina. Either everyone in the ACC is really good, or everyone is equally mediocre. I suspect it is the latter. The Tarheels are favored, but the better team always loses in this year's ACC. Tech wins outright, but take the 4 points anyway.

Oklahoma State at Texas Tech. This week's PS3 game out of the Big 12. The over/under on yards gained has got to be about 950. I will keep picking against the Red Raiders and sooner or later I'll be right. Cowboys win outright, but take the 3.5.

And now, from the iPod:

1. "Thunderhead Hawkins" by Uncle Kracker
2. "Industrial Disease" by Dire Straits
3. "Beat(en) Generation" by The The
4. "Purple Haze" by Jimi Hendrix
5. "Mr. Lincoln" by Hank Williams, Jr.
6. "God of Thunder" by Kiss
7. "Songs for Sonny Liston" by Mark Knopfler
8. "16 Tons" by Tennessee Ernie Ford
9. "Dawn Patrol" by Megadeth
10. "West LA Fadeaway" by Grateful Dead

Wednesday, November 5, 2008

Obama's win

Even ten years ago I would not have believed that the United States would have an elected black president in my lifetime. I thought that someone like Colin Powell - a moderate conservative with a great military record and a lot of good exposure - might be able to make a run at it. But I would not have expected a win.

Now, Barack Obama is the winner of the general election, and after the electoral college meets he will be the president-elect.

On January 20, 2009 he will take over the reins of the most powerful nation-state in the history of mankind. What does that mean?

Left-wingers see unicorns and rainbows. I saw some woman on the news telling the reporter that if Obama was elected that she would not have to worry about her mortgage or putting gas in the car.

Right-wingers are wailing and gnashing their teeth over the collapse of the United States. They seem to believe that Obama will immediately outlaw conservative broadcasting and commentary and change the form of government to a Stalinist Communist thing. I even heard a couple of co-workers last month discussing whether Obama was more of a Stalinist or a Maoist.

All of these people are idiots.

Obama will be a solidly leftist president, more like LBJ or JFK than Clinton. But he is not Lenin or Mao or Marx (Karl, not Groucho). His voting record supports that, and there is no good reason to believe that he is going to change all that much. He will support increasing the size of the federal government in terms of social programs, he will push for increased taxes on people who earn the most money. He supports, and will continue to support, some sort of socialist health care system. He will likely increase protectionist trade policies and slow down the rush toward unfettered free trade. He seems to have a Washingtonian view of foreign entanglements and adventurism - we can expect a roll-back in the use of American forces overseas.

He will not be instituting taxation for
imputed income. He will not putting the United States under Sharia law. He will not be instituting mandatory abortion. He will not be turning over control of the American military to the United Nations. He will not be paying your mortgage for you. He will not be merging America with Canada and Mexico to form a North American Union.

He is inheriting a terrible financial mess, two wars, and a deeply divided electorate. I think that the biggest challenge he will face is the divisions in American society. The American economy is essentially sound and will settle out if it is left mostly alone. The wars are there and have to be dealt with, but they are not really that much of a political challenge. However, the legacy of the last 16 years of right-wing efforts to divide this country and label the other side as the enemy and as traitors is going to take a huge amount of work even to begin to repair. I sincerely hope Obama is the guy to pull it off.

I think Biden was right - President Obama will be tested - hard - probably within the first 6 months he is in office. How he responds will determine the success of his foreign policy for the rest of his term.

A new day is dawning. Let us all hope and/or pray that there is more to Obama than empty rhetoric and pretty speeches - and that he will be up to the challenge of leading the United States deeper into the 21st century.

Tuesday, November 4, 2008

Predictions and Mumme Poll

Another good week for predictions: 5-1 straight up and 4-1-1 against the spread, with LSU winning by exactly the 25 pt spread.

Mumme Poll

Top Five:

Alabama
Florida
Penn State
Texas
Texas Tech

Rest of the Top Twelve:

Boise State
Ohio State
Oklahoma
Oklahoma State
Southern California
Texas Christian
North Carolina

The top five are easy. Georgia is out and Texas Tech is in. I can no longer claim the Red Raiders are a fraud. I still don't think they play defense and can't see them winning against a team that does have a dominant defense, but they do appear to be legit. Texas stays in the top five because, along with Florida, no one has as good a resume among the one-loss teams. Penn State had the easy win against BYE, and remains undefeated. Alabama also had the easy win against lower division Arkansas State and remains undefeated.

As for numbers 6-12: Oklahoma, Oklahoma State, Southern California and Texas Christian are, at least in my mind, obvious. The last 3 spots are quite a bit more difficult.

I booted Utah for a weak win over New Mexico. Utah's schedule is pathetic and I can't see them putting up much of a fight against, well, anyone good. We'll find out a lot more when they play Texas Christian this weekend.

Boise State also has a weak schedule, but they won big this weekend, so they get to stay.

Now what? I have a bunch of 2-loss BCS teams, a couple of 1-loss teams and Ball State. I am not raking Ball State, I am not, at this point, ranking anyone from the Big East (a mid-major conference masquerading as a big player). Under serious consideration are Georgia, Ohio State, North Carolina, Georgia Tech, and Missouri

Georgia and Ohio State have almost identical resumes: They have each played two good teams, and lost to both of them. tOSU lost to USC on the road and Penn State at home. Georgia lost to Alabama at home and Florida on the road at a neutral site. The difference is that Georgia has been embarassed by both Florida and Alabama, while Ohio State at least put up a fight against Penn State. Also, Ohio State did not lose this weekend (nice timing on that off week, Buckeyes). Georgia also tried to lose to South Carolina (who is turning out to be not too bad) and gave up scads of yards to LSU. tOSU was less than impressive to start the season, but has improved steadily - and Beanie Wells is healthy and looking to finish out the season strong. So I'll put Ohio State in. There is a very good chance that we will see these two teams in Orlando or Tampa on New Years Day.

Missouri looked weak over Baylor, and, while they seem to be the class of the Big 12 North, I don't see them as being on par with the big 3 from the south.

Georgia Tech? Nice win over Florida State, but the overall resume is not that good. And there is that last-ditch last-second FG win over lower division Gardner-Webb.

North Carolina? Sure, why not? On a good day, UNC is probably the best team in a seriously weak ACC, and I suspect that they would do well playing a Big 1o schedule and do very well playing a Big East schedule. I think I would take the Tar Heels over most SEC teams except Alabama and Florida. Call them about on par with Georgia and LSU, but they have not crapped the bed in quite so dramatic a fashion as the Dawgs and Bayou Bengals have.


Currently predicting BCS bowls as follows:

Sugar: Alabama vs Texas Christian

Orange: North Carolina vs West Virginia

Rose: Southern Cal vs. Texas Tech

Fiesta: Boise State vs. Texas

Championship: Florida vs. Penn State

Friday, October 31, 2008

weekend predictions + 10

World's Largest Outdoor Cocktail Party: The Gators are better. Take Florida and give the 6
Auburn at Ole Miss: The worst 4-4 team at the best 4-4 team. Take Ole Miss and give the 6 1/2
Tennessee at South Carolina: Spurrier to try run Fulmer out of town. Take USC and give the 5 1/2
Kentucky at Mississippi State: Take the cats at the 2 1/2, but they win outright.
Tulane at LSU: The Bayou Bengals need someone they can hang 50 on. Here they are. Take LSU and give the 25
Texas at Texas Tech: I still don't really believe in the Red Raiders. They have amassed a pretty record against some seriously bad competition. Texas is the first good team they play and they are going down hard. The line is 4, but the 'Horns win by at least 3 TDs

on the iPod:
1. "Eyes Without a Face" by Billy Idol
2. "Without Me" Eminem
3. "Burgers and Fries" by Charley Pride
4. "No More Mr. Nice Guy" by Alice Cooper
5. "Tenderness on the Block" by Warren Zevon
6. "Dead" by They Might Be Giants
7. "Thunderhead Hawkins" by Uncle Kracker
8. "Ghost Riders in the Sky" by Johnny Cash
9. "22, Acacia Avenue" by Iron Maiden
10. "Beat on the Brat" by Ramones

Thursday, October 30, 2008

Georgia-Florida WLOCP

Who is more frightening?
Georgia man?



OR ....
Florida Man

NaNoWriMo

I am quite possibly nuts. Or maybe just goofy.

Because I have just scads of spare time after family, kids, work, kids, volunteering and kids, I have decided to write a novel.

In one month.

50,000 words in 30 days.

That is a mere 1,667 words per day for the month of November.

It looks to be pretty fun - participants write hideous prose for a month with the only goal being to get to 50k words by midnight on Nov 30. Success leads to great fame and prizes in the form of a webpage widget announcing success to anyone who cares to look.

Sure, its goofy and silly, but I am one of those gazillions of people who has always wanted to write a novel. But I am also aware that no one will ever mistake me for Hemingway or Twain, and may not even mistake me for one of those hacks who writes the letters to penthouse. So I have never even started one, but here is an excuse - and it is not only okay to be a bad writer, it is expected.

I should fit write in. (heh heh)

Monday, October 27, 2008

Predictions and Mumme Poll

My predictions for weekend were pretty good. I was 4-1 outright and 4-1 against the spread.

Now for the MummePoll ballot.

Top 5

Alabama
Florida
Georgia
Penn State
Texas

Rest of the top 12

Boise State
Oklahoma
Oklahoma State
Southern California
Texas Christian
Texas Tech
Utah

Thoughts and Reasonings:

Georgia moves up into the top 5 after hanging half-a-hundred on LSU, while USC drops out after a weak showing against Arizona. Texas and Penn State get marquee wins and solidify their position. Alabama takes care of business against a fast-fading Volunteer squad and Florida de-furs some Kentucky felines.

Oklahoma State gets to stay in the top twelve after a fine showing in a close loss to Texas. Utah continues to roll along with a big win over BYE. Texas Christian crushes Wyoming, which is not noticeably different than taking the week off. Boise State was solid and workmanlike against San Jose State.

Oklahoma is causing me some concern with their complete lack of defense. They allowed 35 to K-State? Really? The Sooners are effectively out of both the Big 12 and the national title pictures. But, this is still a very good team and has a good chance of winning out.

Then we get to Texas Tech. I dropped Ohio State for the loss. No 2-loss teams allowed in the top twelve at this point. I had to bring TT back into the fold. That was a big win over a decent Jayhawk team, and I can't justify ignoring an undefeated BCS conference team. I've been holding that they are a fraud and would fold against the first good team they play, and that may be true, but for now they are in. Maybe Texas will save us all and completely dismantle the Red Raiders.

Hmmm ... who to keep eyes on? Many of the teams who were starting to look pretty good went down over the weekend, but there are some new ones worth watching:

Florida State
Missouri
Ohio State
Tulsa

Conference watch.

Wow. Only 1 team from the ACC or Big East even merits watching?

I am overrating the SEC with 3 in the top 5, but the resumes look good at this point, and one of those will fall after the World's Largest Outdoor Coctail Party. A Big 12 team will be best positioned to move into the top 5, depending on how this weekend pans out.

Abandoning Children

While listening to the radio this morning, there was much wailing and gnashing of teeth over the story of a woman who drove from Georgia to Nebraska over the weekend to drop her 12-year-old child off at a hospital. The Atlanta Journal and Constitution has the story.

It was the opinion of the DJs and most of the callers that the mother of this child was an absolutely horrible person for doing this over mere behavioral problems. After all, they all had kids who misbehaved sometimes and they were able to deal with it, so shouldn't she?

Of course, none of us know the whole story. If she was just trying to punish her son for acting out, then her acts were reprehensible. But what if it was more than that?

I have done a tremendous amount of juvenile law work over the years, and I have worked with a great many troubled kids who were described as having "behavior problems." The problems have ranged from talking back to mom and not doing homework all the way to vivisecting the family pet in the living room and molesting the neighbor kids.

Sometimes it gets to be too much. Not knowing anything of the mother or her son or their situation and circumstances, it is wrong to pass judgment on her. Giving up a child is a hard, terrible decision to make. I have watched parents voluntarily sign their parental rights away because they finally realized that they could not possible care for a child properly - that it was in the child's best interests to have a life separate from his or her parents.

Imagine if, instead of taking advantage of a safe-haven law, she had snapped and beaten her son to death with a baseball bat? Would not the same nay-sayers be telling us that she should have taken advantage of a safe-haven law rather than cause physical harm?

Maybe, just maybe, she made a mature and difficult decision that could give her child a better chance in life than if he had stayed with her.

Friday, October 24, 2008

Weekend predictions + 10

Predictions for this weekend in college football.

Georgia to win outright against LSU (but take the 1 1/2)

Florida to cover the 26 against Kentucky

Vandy to win against Duke, but take Duke and the 10 1/2

Alabama to cover the 6 against Tennessee

Ole Miss to cover the 5 against Arkansas


Ten that came up on the iPod this morning:

1. "Argument Clinic" by Monty Python
2. "Run Silent, Run Deep" by Iron Maiden
3. "Tweeter and the Monkeyman" by Traveling Wilburys
4. "Armageddon Days" by The The
5. "Too Much Fun" by Darryl Singletary
6. "The Thing That Should Not Be" by Metallica
7. "Rock Island" by Jethro Tull
8. "Running Up That Hill" by Kate Bush
9. "Football vs. Baseball" by George Carlin
10. "The Trooper" by Iron Maiden

Wednesday, October 22, 2008

The problem with the right

I am generally a left-leaning libertarian. I grew up in a home that held to traditional conservative values and reliably voted for Republicans. My first presidential election was in 1984 and I was proud to vote for Ronald Reagan. I value both personal and economic freedom, but I do place a somewhat higher value on the personal liberties. Your mileage may vary.

From my center-ish position I can see the wing nuts on both ends for what they are - which is nutty. But what is disturbing to me is the change that has come over the Republican party since the end of the Reagan/Bush era. Until the election of Clinton, both parties held to the idea of loyal opposition. They could argue at length about why the other side was wrong - or just wrong headed - on a particular issue, but in the end everyone agreed that we were all Americans and that the other side of the aisle was trying to do what they thought best for America.

No more.

Starting with Clinton in 1992, the right has moved ever farther away from the center. The left has as well, but not as far or as fast. It has reached the point where the Republicans no longer see the Democrats as the loyal opposition, but rather as an enemy to be destroyed. The right sees a binary world where "If you are not with us, you are against us." Questioning or opposing the policies of the Bush team is challenged as unpatriotic and unAmerican. Best selling books are published that openly accuse liberals of treason and godlessness.

Sure, there are nutcases on the left as well - just read moveon.org for a sampling. Al Franken publishes books that accuse all rightwingers of being liars.

The difference being that the moveon.org types and Al Franken disciples are seen as being wingnuts by the mainstream Democrats. Ann Coulter/Sean Hannity/Rush Limbaugh type extremists ARE the mainstream of the Republican party.

Have there been any books published by mainstream Democrats that accuse ALL Republicans of treason? There simply is no left-wing counterpart to Ann Coulter. And she is right in the middle of mainstream Republicanism.

I am more comfortable with a unified Democratic government than with the unified Republican government we had under Bush because I just don't see that government treating everyone on the other side of the aisle as a traitor.

Folks, we are all Americans. If your preferred party is not in power, you are still American and you still have a responsibility to be loyal to America - even if you oppose the current president. You can see the difference: during an international crisis after 9/11, Democrats overwhelmingly supported President Bush. But during an international crisis in Yugoslavia where American troops were in harm's way, Republicans overwhelmingly opposed and vilified President Clinton.

It is to easy to live in a media echo chamber where you read Drudge, listen to Limbaugh, and watch FoxNews and never see anything to suggest that maybe Democrats don't have horns.

It's not quite so easy for Democrats - the news media is not nearly so leftwing as Fox would have you believe. But I guess a motivated Liberal could read only the editorial pages of the New York Times, read moveon.org and listen to Air America (are they still on the air?) and avoid all other sources of information.

I don't know how to fix it. I suspect that it can't be "fixed" at all. It may well be time for one of the major parties to split and the other to dissolve into it. Possibly the Democrats break into the moderate/conservative Clinton branch and the left/liberal Pelosi branch. The GOP might dissolve mostly into the Clinton branch and leave the remnants to have a far-right minor party to counterbalance the far-left Pelosi party.

Whatever the case, you can be sure that History is not over yet.

Current Tunes: "Inhuman Rampage" by Dragonforce
Last book finished: "Collapse: How Societies Choose to Succeed or Fail" by Jared Diamond

Tuesday, October 21, 2008

Some Interesting Questions

Things I wonder about ...

1. If the federal government cannot manage to get the simplest of projects done on time, within budget, or even competently, what makes us think they will be able to "protect us" no matter how much money we give them?

2. If a deranged person, terrorist or not, decides to detonate a bomb where you happen to be right now, how will your having given up your freedom for safety help you?

3. Based on events during the "war on terror," the odds of dying from an anthrax laced letter are more than 60 million to one. More people will be injured and killed in car accidents in the next hour than have suffered from anthrax in the last seven years. So, why, exactly are we worried about anthrax?

4. Would terrorists be likely to hijack an airplane if they knew the cockpit doors could not be opened until after the plane landed?

5. Would they even think of hijacking an airplane if they knew the flight crew and some of the passengers would be armed?

6. How, exactly, will the ability of the FBI to read my email, listen to my phone calls, and break into my house to conduct stealth searches protect me from terrorism?

7. If someone opens fire at a busy McDonald's, which would save more lives?: phoning the police quickly or a couple of armed customers?

8. Does the "Office of Homeland Security" sound as Orwellian to you as it does to me?

9. If by giving up a little freedom and some of our rights, we can buy a little safety, as so many in government and media keep telling us, does that mean that if we give up ALL of our rights and freedoms, we'll be made completely safe?

10. Or will it just make us slaves?


I cannot claim credit as original author, but I have no idea who first penned this. If you know, please let me know and I will give proper credit.

Week 8 Mumme Poll

I vote in Senator Blutarsky’s Mumme Poll, which his attempt to do a poll by approval rather than by precise rankings.

My ballot for this week:

Top 5

Alabama
Florida
Southern California
Penn State
Texas


Rest of the top 12

Boise State
Georgia
Ohio State
Oklahoma
Oklahoma State
Texas Christian
Utah


Comments:

The only trouble I had with the top 5 was determining whether to put Oklahoma or Florida in there. I am not a pure resume ranker, but rather I am looking at a combination of resume, power, overall talent, and even who I think would beat whom on a neutral field. I have seen no evidence thus far that Oklahoma plays defense. At all. Oklahoma’s resume is remarkably similar to Georgia’s: got beat by the only good team they’ve played. Because I believe in defense, and because Florida, so far, is playing some pretty good defense – and because I am convinced that Oklahoma at their best is not as good as Florida at their best – Florida gets the top 5 slot.

Penn State still hasn’t played anyone, but that changes this week. If they beat Ohio State the way they’ve beat everyone else their top 5 slot will be unassailable.

Most of the next group was pretty easy also. The issue is with the mid-majors: Boise State, Texas Christian, and Utah. They’re winning, impressively, over cupcakes – but how do I view them compared to a 1 loss BCS team from a weak conference? (I’m talking to you Georgia Tech, South Florida, Pitt, and anyone from the Pac 10 not named USC). At least BYU is gone and TCU gets a vote for getting rid of them. For now, I am going with the pretty undefeated records of Utah and Boise State, but remaining undefeated against bad competition will not keep them in the top if teams like Georgia Tech and Pitt keep winning.

I did not rank Texas Tech. The Red Raiders are a complete fraud. They have played an astonishingly weak schedule including TWO D1AAFCSEIEIO teams (so has GT, which is a large part of why I’m not on their bandwagon yet), got taken to overtime by a bad Nebraska team, and allowed a bad Texas A&M team to put up a bunch of points and stay in the game for far too long. Yes, I know that Utah and Boise State also have not played anyone, but they, at least, are not getting challenged by their cupcakes.

Looking forward to this week:

Penn State – Ohio State. The de facto Big 10 Title game and Penn State’s first legitimate challenge. I am seriously pulling for JoePa to put the wood to the Buckeyes, for all of the obvious reasons.

Georgia – LSU. Georgia’s second game against a decent team – if they lose this one, you can put the Dawgs down for a final record of 8-4 and the Music City bowl. Win impressively and it sets up a great Cocktail party to determine the SEC East and a possible rematch with Alabama in Atlanta.

Wednesday, October 15, 2008

Death to the Innocent!

The Supreme Court was unable to muster four members who thought that there might be a problem with executing a probably innocent man.

Sometime soon a Georgia judge will set a new execution date for Troy Anthony Davis, and this time the only hope is a last minute call from the Governor.

Where is William Blackstone when you need him?

Wednesday, October 8, 2008

Tim Tebow the Rushing God

Before the season started, Mergz over at Saurian Sagacity gleefully told us that Tim Tebow only needed 18 rushing touchdowns to tie Herschel Walker for most in SEC history. He showed us this list:

1. 49 – Herschel Walker, Georgia
2. 46 – Kevin Faulk, LSU
3. 45 – Carnell Williams, Auburn
4. 44 – Dalton Hilliard, LSU
5. 43 – Bo Jackson, Auburn
6. 41 – Shaun Alexander, Alabama
6. 41 – Darren McFadden, Arkansas
8. 40 – Charles Alexander, LSU
9. 37 – Deuce McAllister, Ole Miss
10. 36 – Lars Tate, Georgia
10. 36 – Emmitt Smith, Florida
12. 35 – James Steward, Tennessee
13. 34 – Johnny Musso, Alabama
13. 34 – Joe Cribbs, Auburn
13. 34 – Errict Rhett, Florida
16. 33 – Bobby Humphrey, Alabama
16. 33 – Garrison Hearst, Georgia
16. 33 – Ernest Graham, Florida
19. 32 – Charles Trippi, Georgia
20. 31 – Fred Taylor, Florida
20. 31 – Tim Tebow, Florida.

At the beginning of the season, Tebow was tied for 20th in SEC history for rushing touchdowns. Since he rushed for 23 last season, “the possibility exists” that he could beat the record.

A “countdown” was promised to keep track as Tebow rushed toward immortality.

Now, about halfway through the season, where is Tebow? In five games he has rushed for two touchdowns. He has moved up into a tie for #16 with Humphrey, Hearst, Graham and Trippi.

If Florida plays in the SECCG, Tebow has 9 more games to play this year. He needs to get 16 TDs to beat Herschel Walker. That is only 1.77 TD per game – easily within the reach of the Greatest Player of Our Generation. Of course, he is currently on a pace of 0.4 TD per game, which would give him another 3.6 for the year. Call it four and he would move up to a tie at #9 with Deuce McAllister of Ole Miss.

Currently Listening to: HammerFall, "Steel Meets Steel"

Monday, October 6, 2008

The fun part of trial prep

Sometimes, every once in a while, trial prep is fun. Usually, it is dull and dry - interview witnesses, read police and lab and medical reports, plan cross exams of peripheral witnesses and so on.

But sometimes you hit something good - maybe even good enough to get a case dismissed. I was discussing the case with my client and she told me that the complaining witness was a pervert - just as an aside during the conversation. When I inquired further, she said that he would brush against her, try to look down her blouse or up her skirt, and make inappropriate comments while they were at work.

So, just for kicks, I checked the state sex offender registry.

Bingo!

The complaining witness - the state's star witness - is a convicted child molester. His offense happened in a distant county and city from the one he now lives in, and I am guessing that he will not be all that excited about me spending the entire trial calling him a child molester and waving certified copies of convictions around at the jury. Small towns are funny things - once anyone knows something, then everyone knows it.

In any case, my client's case is strong and has a good chance of winning on the merits - this will, I hope, be just enough to push it over the edge.

Currently listening to: Metallica - "Death Magnetic"

Sunday, October 5, 2008

Vanderbilt

Does Vanderbilt have a bandwagon yet? People are definitely starting to pay attention, but the bandwagon seems to be slow in getting started. 5-0 for the first time since well before I was born, they have beat 3 SEC teams and two OOC teams. They still have Mississippi State, Kentucky, Duke and Tennessee that are "should win" games, Wake Forest that is a "could win" game, and Georgia and Florida that are "should lose" games. It is entirely possible that Vandy could end the season at 10-2 and play in a very decent bowl - probably Outback in that scenario.

On the other hand, I'm not quite ready to jump on that bandwagon myself. This is, after all, Vandy we're talking about. They have been living off turnovers (Auburn game excepted) and playing teams with pretty bad offenses. I can easily see them crashing back to reality and reeling off 5 losses in a row and finishing 6-6 and, maybe, getting an Independece Bowl bid.

But for now, I think it is just cool that Vandy is doing well and only needs one more win to be bowl eligible.

First post

Yep. First post. woo hoo.