Thaumaturgic Ramblings

La Fin

2010-04-19T16:48:00.000-07:00

So after many years of shouting into the abyss, I have decided to pack up shop here at TR. It's been a great run (if a bit sporadic of late), and I'd like to thank all (3) of you for following along. I'll probably keep everything up, at least for now.

But but but! After getting some adverse employment news, I decided to finally start a blog that my gf and I talked about doing over a year ago; chronicling peoples' reading choices on public transit in San Francisco. For those of you from areas without any sort of bus or subway system, this might seem like an odd idea, but here in SF, keeping an eye on what people are reading on the bus has been a hobby of mine since I moved here. And I'm a bit of a book worm, when time permits.

So if any of that sounds interesting, come check us out at:

BetweenTheLinesSF.wordpress.com

We'll also be doing guest posts at another great blog for the commuter, Muni Diaries!

Thanks again everyone!

My Dad and Toyota

2010-02-24T17:03:00.000-08:00

Image from the movie Gung Hu, available here at IMDB.

My father only bought American cars. He thought imports, primarily the asian ones, were not as safe or reliable. He used to tell stories that I have never attempted to verify about people suffering from kidney failure because the shocks on their Toyota trucks were so bad.

But at the time, the Asian auto industry, especially Toyota, was in full upswing. When it seemed everyone around us was buying Honda minivans, and those Toyota 4Runner and those boxy Tercels were all but ubiquitous, my family always had GMC trucks. To his credit, we did live in the snow, and the one we bought in 1985 still gets my mom around town.

But I remember thinking at the time that my dad was behind the times. It seemed to be the general consensus that the US auto industry that was having quality-control problems, and that you actually got more for your money if you bought an import. I couldn't really tell if my dad was just afraid at the time that the Japanese would take over the auto industry, or if he really thought American cars were better. Despite my father, the ascent of the Asian auto industry, and especially the Japanese car maker Toyota, seemed unstoppable.

Between last year's bailout of the US auto industry and now the abrupt decline of Toyota, I am just baffled at what has happened to car makers.

I watched the beginning of the testimony this morning, and it was awkward, but I saw our congress members not really realizing (as many Americans didn't in the 1980s) that the Japanese culture is significantly different from our own. In one exchange some representative seemed to berate Mr. Toyoda for not seeming to show adequate remorse for those who had lost their lives in Toyota vehicles. The Japanese though, are known to show little emotion, especially in formal situations. If anything though, I thought the fact that this congressman, who didn't know any of the victims personally, was being a bit brazen by judging the adequacy of someone else's remorse for his own political shots.

I don't really have any interesting insight so much, but as I watched this testimony this morning, while on the treadmill, I just felt that this whole thing keeps going around in cycles.

Believe it or Not!! Gitmo Guard and Detainee Voluntarily Reunited

2010-01-12T12:13:00.000-08:00

Gitmo continues to become more and more surreal. I thought ethnic Uighurs in Bermuda was weird. How about this bit?

Gitmo Guard and Detainee Bury Differences on Facebook

Image from Jeff Overs, via NYT, and Gawker.

Convenience Is the Not So New Handling

2010-01-08T13:57:00.000-08:00

Don't you just love it when you go to buy two $25 concert tickets, and somehow the total is $80? Not even considering why they charge you for the transaction/shipping/handling when you print out your own fricking tickets from automated software, why do they charge you for a "convenience" fee?

We are supposed to pay an extra $8 a ticket for the convenience of buying them online? I thought that online purchases were supposed to make prices come down because it was more convenient for the supplier since they no longer had to depend on brick and mortar businesses to have employees to sell the actual paper tickets.

Maybe I just misread all of those econ textbooks, scholarly articles, newspaper and magazine articles. For like, years.

I bet these fees are only going to get more "convenient" now that Ticketmaster and Live Nation are going to merge. It only makes sense, now that the concert promoters are merging with the ticket sellers. Unless the DOJ comes in to save us from this incredible convenience (please?).

As long as we're on the subject, I never understood what the hell "handling" was anyway. "Shipping" I get. It costs money to send things, and shipping could depend on where the purchaser is located. But "handling"? Is that like the cost of picking the Slap Chop up and putting it in a box? That's not covered by "shipping"? Maybe I should shut it, otherwise they might start charging us for pre-purchase storage, dusting, and cigarettes for warehouse employees. Maybe next will be a "looking" charge, because they need to see the product before they can "handle" it and then "ship" it.

Fuckers.

Oh yeah, Happy belated Holidays all.

I Repeat, THERE IS NO PARTY IN THE CASTRO On October 31

2009-10-28T10:31:00.001-07:00

But there will be the other 364 days of they year

Kayaking is Free, But Access To Your Fun Parts = $275

2009-10-23T13:09:00.000-07:00

If it turns out the free kayaking is more than 1/2 mile away, I am going to be pissed.

Found on Gawker.

--------------------------------------------

$275 Seeking a Recession Roommate (West Village)

Date: 2009-10-22, 3:41PM EDT
Reply to: hous-kpd5n-1433136075@craigslist.org ^{[Errors when replying to ads?]}

I'M SEEKING A MATURE, DRAMA FREE WOMAN TO SHARE MY APARTMENT WITH ME. PLEASE READ THIS AD IN ITS ENTIRETY AND ONLY RESPOND IF YOU ARE COMFORTABLE WITH THIS UNIQUE SHARE. First, let's face the facts: The politicians tell us we're in a deep "Recession" but the truth is we're in a Depression -- and it's only going to get worse! So let's help each other during these hard financial times. That said, I have a huge 1,600 sf apartment in the exclusive West Village ("The Gold Coast"), overlooking the Hudson River and and riverside parks where one can jog, bicycle or simply walk along the river's edge for miles. Amenities include roof deck with spectacular views of NYC and the Hudson River, full-service laundry in the basement, 24 hour doorman, AC, Cable TV and high-speed internet connection. There's free kayaking about 1/2 mile from my building during the summer months. My apartment's market rent is $4,200. per month. Your share of the rent is only $275. including all utilities. We will share the apartment including the master bedroom. True, this is an unusual situation, but it's necessitated by the fact that I have a second bedroom which is presently occupied by a female friend. Would you like to share a great apartment and a very comfortable Queen-size bed with a person who is respectful and sensitive to your needs? Send me a short message and a recent picture(s) of yourself. I've included a picture of myself in the lower right corner of this ad. I believe "A picture is worth a thousand words." NO PICTURE, NO RESPONSE. Contact: scubadobedo@yahoo.com

Eight Glasses a Day Might Be Too Much

2009-10-23T09:55:00.000-07:00

The Minnesota Supreme Court has concluded that if bong water tests positive for a controlled substance, a person in possession thereof can be prosecuted for the possession of the controlled substance itself. This is in contrast to lower courts that held that bong water was paraphernalia, punishable only as a misdemeanor.

According to the AP article:

The case involved a woman whose bong had about 2 1/2 tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.

Really? Drink the bong water? Eeeew. Although where does it stop? What about pipes? That would be paraphernalia, but I'm sure you could probably scrape out stuff or lick it or something. If your pipe or one-hitter has enough residue, could it too be considered the equivalent of the controlled substance?

Plus, isn't it really cold in Minnesota? What else are they going to do up there? And will they still bet their friends $20 to drink the bong water?

Rest in Peace Captain Lou Albano

2009-10-14T09:56:00.000-07:00

I remember watching him in the early days of the WWF, when I was a wee boy. He used to fight when he was younger, but I remember him as a manager, along side such early WWF giants as, well...Andre the Giant, Hulk Hogan, and some lesser known wrestlers like the Iron Sheik, and Hacksaw Jim Duggan.

He used to wear these weird rubber band piercings on his face, which really didn't make any sense. Oh and then there's the Cyndi Lauper thing:

He passed away today, at the age of 76. Thanks for the memories Lou!

Ooh, just found this gem on Gawker:

Anyway, at the End of the Day, "Whatever" Is What it Is

2009-10-08T10:28:00.000-07:00

According to a study ~~funded by bespectacled high school teachers~~ conducted by the Marist poll, the word "whatever" was voted by study participants as the most irritating word in the English language. The runners-up included "it is what it is," "you know," "anyway," and "at the end of the day."

First, I don't think it's fair to pit one word against a phrase, although CBS doesn't seem to know the difference. And at least "whatever" actually connotes a feeling, albeit a dismissive one. It takes the phrase "it is what it is," five whole words to say absolutely nothing. This phrase is used a lot around my office, and it makes me grimace, because it usually means "we kind of fucked this up and now you have to deal with it," but since no one wants to take blame, it is a nice way to distance themselves from the train wreck, act as if either evolution or God made the train wreck, and then make someone else clean up the train wreck.

And I'm surprised "like" didn't make the list. Being a Californian from birth, I can say that this word often makes up 25% of conversations, especially those that take place south of Monterey.

This whole study is literally a waste of time.

Daily Candy Is Getting a Little Out of Control

2009-09-29T10:18:00.000-07:00

Yes, I get Daily Candy emails. No, I rarely read them, though sometimes they will announce the soft opening of new restaurants and other interesting local events. Often, when I've looked at them they will be thinly veiled advertisments for local artists slinging "highly affordable" jewelry one $400 bracelet at a time. Given the economic ~~enema~~ ~~colonic~~ ~~Gigli~~ recession of the last 14 months, these ads seem even more absurd.

But I decided to take a look at one of the emails they sent me today. It involves the launch of "neck accessories." My initial smirk was somewhat mitigated by the cute picture in the email.

Oh, ok, maybe this will be an interesting way to update an old top. But unisex? I click on the link. Even Sergei the model doesn't look very happy about the $171 Mayflower doily he has around his neck.

Image from Revolve Clothing

Waiting for the bus or some nice chairs?

2009-09-25T10:50:00.000-07:00

This Week in Hypocrisy: Family Values OC Assemblyman Resigns

2009-09-10T12:44:00.000-07:00

Michael Duvall is was a Republican Assemblyman from the conservative womb of California that is Orange County. A married man with two adult children, he has been a consistent proponent of "family values." This of course means he is staunchly anti same-sex marriage. From the OC Weekly:

In 2008,  Duvall blasted efforts to condone gay marriage. Legislatively, he has  proposed bills to aid the insurance industry and government contractors  feeding off the state's massive transportation kitty.  He has offered a law to alter the First Amendment rights of Americans by  banning anti-war activists from putting the names of fallen soldiers on  T-shirts with messages such as "Bush lied" on the front and "They died" on the back; he observed that the dead soldiers fought to protect freedom, and "opportunists" should not be allowed to "exploit" the sacrifices with political messages opposing war. 

Such thinking impressed certain constituencies. Earlier this year, the man who never graduated from high school received "100 percent" approval scores  by the California Republican Assembly, the state's leading conservative outfit, and the Capitol Resource Institute (CRI), a fierce guardian of traditional family values. 
"Assemblyman Duvall has been a consistent trooper for the conservative causes," CRI president Karen England announced in March. "For the last two years, he has voted time and time again to protect and preserve family values in California. We are grateful for his support of California  families.'"

Turns out he meant other people's families. Recently a tape of him surfaced wherein he brags about an extramarital affair, accidentally broadcast live from his microphone before the start of a legislative debate.

Here are a few choice snippets of what he shared with his coworker:

"She wears little eye-patch underwear," said Duvall, "So, the other day she came here with her underwear, Thursday. And  so, we had made love Wednesday--a lot! And so she'll, she's all, 'I am going  up and down the stairs, and you're dripping out of me!' So messy!"

"And so her birthday was Monday," he said at the Wednesday, July 8 committee hearing. "I was 54 on June 14, so for a month, she was 19 years younger than  me. I said, 'Now, you're getting old. I am going to have to trade you in.' And she goes, '[I'm] 36.' She is 18 years younger than me. And so I keep  teasing her, and she goes, 'I know you French men. You divide your age by  two and add seven, and if you're older than that, you dump us.'"

Full KCal9 Video

Wow. Not only is it just kind of nasty, it turns out the affair is with a lobbyist for an energy company. And, not surprisingly, Dvuall was the vice chair on the Committee on Utilities & Commerce. Coincidence? I doubt it. As one spokesman said to the OC Weekly, "He's old and fat. She's hot, blonde and about 20  years younger. He could have never gotten a woman like that before he got  this job.'"

Picture from OC Weekly

(Wo)man's got a point. On a funny-if-it-were-not-so-tragic note, Duvall also sat on the Assembly rules committee which handles ethics allegations of member wrongdoing.

Duvall resigned on Wednesday

Boycotting of Obama's Speech on Education

2009-09-08T12:58:00.000-07:00

Ok, this is a new level. I can see this from the crazies who think that Obama is a foreign-born Muslim, but from Republican leadership? Socialist Indoctrination? It's the president's speech to school-age kids about staying in school for frack sake. I had to sit through this boring shit in public school and so should everyone else.

Guardian Article

Wait, are public schools socialist? Oh noes!!!

I think there was a chapter in Das Capital about this

2009-09-02T09:44:00.000-07:00

Southwest Air to charge $10 to board early
NEW YORK (Reuters) - The early bird gets the overhead baggage space -- at least on Southwest Airlines Co.

Dallas-based Southwest said on Wednesday it started charging passengers $10 each way to board flights before general check-in starts, but after premium passengers, including those flying Business Select. (Full Article)

~~It pays to be the early bird.~~ You have to pay to be the early bird. Come on man, as if lining up for Southwest flights wasn't stressful and awkward enough. I wonder if there will also be a surcharge if you want to be on a plane without unauthorized parts.

Pretty Lucky

2009-08-07T15:17:00.001-07:00

Here are some pics from the Barcelona training session this morning at Kezar stadium. Probably about as close to Messi as I will ever get.

Even in training, he is THAT good.

SF Summer

2009-07-23T11:24:00.001-07:00

From my bike ride this past weekend. Golden Gate Bridge was the front line in the battle between fog and sun.

CA Passes a Budget

2009-07-21T13:18:00.000-07:00

You know that we have low expectations for our government when we get excited that we passed a budget. It sort of reminds me of that Chris Rock stand-up act bit about how some people (no, I'm not going to write that word) take credit for stuff that they are just supposed to do. Such as "I take care of my kids" or "I've never been to jail." What do you want, a cookie?

A large part of the hold up was because the Republicans categorically refused to discuss any kind of tax increase. Now, I'm not saying that taxes should be increased, necessarily, but the fact is that there are only two ways to bridge the gigantic chasm of a budget gap that we have (other than pillaging a rainy day fund, which we don't have anyway): decrease spending or increase taxes. If you refuse to even talk about tax increases, you are tackling the problem with one hand tied behind your back.

Spending should be cut, and drastically. However, most of the union's states are experiencing budget short falls. And 37 of them have increased taxes in some way, and not all of them involved the third rail of income taxes. Kansas, for example took away the tax credit for those who make films in the state, and others have raised taxes on booze and smokes. Maine extended its sales tax to car repairs, dog grooming and dry cleaning. South Dakota increased charges on laundromats.

I believe that raising taxes could screw up incentives, and could have have the opposite of intended consequences if used in the wrong circumstances (reducing demand for consumption goods). But I also think that refusing to talk about raising taxes because of an ideological aversion is not helping anyone.

But with the governator able to asked poignant questions like this, is it any wonder he has forced anyone pragmatic into a corner?

I'm not into convertibles

2009-07-20T11:52:00.000-07:00

so I think this might be my midlife crisis activity of choice:

I saw this as part of the bicycle film festival, which is on its way to Oakland and then Portland. If it comes through your neck of the woods, I highly recommend seeing this film, Where Are You Go. At the very least, it will make you want to go for a ride around your town.

Gitmo Detainee's Habeas Petition Granted

2009-07-01T10:10:00.000-07:00

Last week, a U.S. District Court Judge ordered the release of one Abdul Rahim Abdul Razak al-Janko. The Court concluded that the government had not established that Janko was "part of" either al-Qaeda or the Taliban.

(Article)

(Opinion)

I'm a bit amazed at the contiuned hard-assedness with which the government is pursuing these cases under the new administration. This guy's story is pretty amazing.

It was undisputed that, after upon his arrival in Afgahnistan, the al-Qaeda leadership suspected Janko of being a U.S. spy. After being tortured by al-Qaeda for three months, he falsely confessed that he was indeed a U.S. spy (see torture does get confessions!). The judge noted that he was not at liberty to discuss what torture methods were used due to issues of government confidentiality, but that they could be fairly characterized as "barbaric."

He was then transferred to the Sarpusa Taliban prison in Kandahar where, as the judge summaraizes, the conditions "were so terrible-if not horrific-that many prisoners died while incarcerated. Prisoners were fed next to nothing, and the prison was overcrowded, unsanitary, and lacked sufficient medical care." He was incarcerated there for 18 months, until the Taliban abandoned the prison during their retreat from the advancinig Northern Alliance forces in late 2001. He was then transferred to the custody of U.S. forces, and sent to Gitmo.

So now the disputed part. The government claimed that he had travelled to Afghanistan (Janko is a Syrian, though I'm not sure where he was before Afghanistan) "to participate in jihad" and that he admitted having stayed at a guesthouse used by Taliban and al-Qaeda fighers for five days, where he cleaned some guns, and then went to the al Farouq training camp where he was in training for 18 days before he was taken, tortured, and imprisoned for almost two years, as discussed above.

Janko admitted that he had stayed at the guesthouse and had attended the training camp. In fact, most of the government's case and evidence was based on his testiomony during his interrogations. But, Janko claimed that we was trying to get to Europe or the U.S. as a refugee, and was forced to stay in the guesthouse and training camp against his will. He said he never wanted or intended to join either al-Qaeda or the Taliban.

The Court found the goverment's position "defies common sense." The Court, sub silencio, seems to assume, arguendo, that Janko did travel to Afgahnistan with the intention to join either al-Qaeda or the Taliban throughout the opinion. With an exclamation point, however, the court disagrees that, considering the short amount of time he was actually involved with either of the two groups when followed by almost 2 years of torture and incarceration, the government succeeded in showing by a preponderance of the evidce that Janko was "part of" of either group:

Here, the Government contends that petitioner Janko was "part of' al Qaeda and/or the Taliban prior to his being imprisoned and tortured, as evidenced by his travel to Afghanistan, stay at a certain Taliban guesthouse for approximately five days, and his attendance at the notorious al Parouq training camp for two-plus weeks. (Unclassified Oral Arg. Tr. 31.) The Government also contends, in essence, that the extreme treatment Janko was subjected to over a substantial period of time thereafter was not sufficient to vitiate that relationship. As such, the Government contends he was still "part of' those organizations when he was ultimately taken into custody by the U.s. forces some two years later. I disagree!

Terminating in another exclamation point, the court also found that even expressly assuming that he did travel to Afghanistan to join al-Qaeda's or the Taliban's military ranks, "[s]urely extreme treatment of that nature evinces a total evisceration of whatever relationship might have existed!"

The Court thus granted the petition, and ordered the government "to take all necessary and proper diplomatic step" to facilitate Janko's release. This, however, might be tricky, as I've discussed before, since now the government still needs to find a country willing to take him.

Italy has already accepted a whopping three, and four Chinese members of the Uighur ethnic group were released in Bermuda. Which, I have to say, must be an interesting culture shock for them.

Mama Se Mama Sa Mama Coo Sa

2009-06-25T16:41:00.000-07:00

Yay, though his career peaked many moons ago and some fairly well-substantiated rumors of pedophilia have taken the luster off of the inscriptions surrounding his likeness as a demi-god in the hallowed halls of our collective pop-consiousness, he will forever be the sounds of my childhood. His name and music will never fail to conjure images of poorly imitated walks on the moon, or one-gloved grabs of the loin.

Though some will not smile when others speak of you, and they might ask "how has he affected us?," they will never be able to question how deeply. Rest in Peace MJ. I will remember you as a P.Y.T., deserving of our T.L.C.

Michael Jackson - Smooth Criminal
Uploaded by Tina007. - Watch more music videos, in HD!

This is hilarious

2009-06-11T13:50:00.001-07:00

This is also two blocks away. I want to go see him in person...er...bird.

http://frontstreetattackbird.blogspot.com/

Fotos de Argentina (y algunas de Uruguay)

2009-06-11T12:43:00.000-07:00

Here are a few snapshots from my trip. Enjoy!

I ate a few things that looked like this:

Cemeterio de recoleta:

Velez v. Boca:

Cataratas de Iguazu:

Magritte-esque clouds outside of Almacen del Sur.

The son of the winegrower, working the new oil press:

Small town in the Andes:
Aconcagua:

Punta del Inca:

Different punta, supposedly crossed by San Martin on his way to liberate Chile:

Colonia, Uruguay:

Calle de los suspiros:

Dear Human Race,

2009-06-10T12:35:00.001-07:00

WTF is wrong with you?

Two people shot at Holocaust Memorial Museum in Washington - Los Angeles Times

Posted using ShareThis

Hasta

2009-05-22T17:11:00.000-07:00

I will be on vacation (in Argentina! Woo hoo!) for the next two weeks, so I won't be posting for a bit. Though my posts have been intermittent of late, so many of you probably won't know the difference.

This also means that I will not be here when the California Supreme Court hands down its decision in the cases involving Proposition 8 (h8) on Tuesday. I am not expecting anything good from that decision, but still. It kind of makes me sad. Then I saw this defacement of public property today on the bus I take, and I thought to myself...yeah...I wish the sign really did say that.

The Persistence of Gitmo

2009-05-20T11:39:00.000-07:00

I saw a GOP talking head last night on some show say that Obama's recent decision to keep military tribunals was an implicit endorsement of the turd's war on terror. This incredibly ill-founded statement caused me great consternation: apparently enough to motivate me to break my blog silence of late. So I'd like to set a few things straight. You know, for the reasonable people out there.

One of Obama's first acts as president after his inauguration, was to announce the closure of Gitmo within one year. For those of us who have thought (and said) since its inception that Guantanamo was this country's most tragically embarrassing rejection of the rule of law in recent history, this came as welcome news.

So what to make then of what has been termed Obama's "back tracking" on this issue?

A few points.

First, even those who feel as I do cannot honestly say that Guantanamo should be shut down immediately. Others have been charged, but have not had any sort of preliminary hearing. There are also detainees (about 60 or so last count) who have been cleared of all charges, but who cannot be returned to their native countries because of likelihood of torture. This is an affirmative obligation that the United States has under international law. So in a slightly ironic way, international law is preventing the immediate closure of Gitmo. You can't just hit the "off" switch on Gitmo and walk away. The previous administration has left quite a legal limbo laden quagmire to sort through.

Many are also concerned about Obama's decision to reinstate military tribunals. This was not a total surprise since he called for a 120 days suspension of prosecution, so it was not unforeseeable that after such time, they might begin again (although they are not actually beginning again, since he announced a new 120 day suspension, pending changes to the tribunals). However, he has changed some of the more egregious rules, such as:

First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial. Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts.
From White House Press Statement.

So the playing field has been leveled, to some extent (don't ask how #5 will work because I have no idea). Will this be the same as an Article III court? No. Of course not.

Much more than a democrat, I am an advocate of the rule of law. I think our rules of evidence and procedure (that are used everyday in our own criminal courts, such as the one that convicted one Timothy McVeigh) are the best tools we have to sort out the guilty from the innocent. So is it disappointing? Yes. Is it an implicit endorsement of the turd's war on terror? Hardly, and no more so than cleaning up after an oil spill is an endorsement of the oil spill.

I think some version of the existing tribunals will be necessary. Republican congressmen have made it very clear that they will oppose any changes that will mean the detainees will be housed in maximum security prisons within the United States. So this will make access to regular Article III courts somewhat difficult, given that the turd decided to put his kangaroo court on a fricking island. I guess their fear is that the acquitted detainees might be freed and walk around Main street USA.

Since that what acquitted people do.

And the Senate just rejected the money requested by the administration to shut Gitmo down.

So what to do? Here's what I think. Keep the tribunals, but import material provisions of Federal law, e.g. Federal Rules of Evidence, Criminal Procedure. No NIMBY problem, and you will now have all of the safeguards of US law. All those acquitted get to go live in Crawford Texas.

Problem solved.

Here is a much better post on all the things wrong with the tribunals that will remain wrong.

Yeah, that about sums it up

2009-04-28T10:21:00.000-07:00

So, I've been on a bit of a hiatus lately from teh internets. Work has been busy, and there is a palpable feeling in the air to establish one's usefulness at work so as to stay gainfully employed. I've fallen behind on my personal emails and just about everything else that I access through this box on my desk.

So instead of trying to catch up with all that is wrong in the world, be it Somali Pirates or this Swine Flu, I am just going to post the following picture, which I feel sort of sums up what is wrong with ~~television~~ ~~politics~~ contemporary America right now. I'll be back soon with some ~~additional intelligent and cutting analysis of issues affecting the global community~~ more words sooner, rather than later.

From the LA Times via Defamer

National Be Kind to Lawyers Day

2009-04-14T14:19:00.001-07:00

Today, apparently according to someone, is National Be Kind to Lawyers Day. This kind of reminds me of the time when I asked my Grandmother why there was a day for mothers, fathers, and grandparents, but no day for kids.

"Every day is children's day," she said.

But for all you lawyers out there doing god's work (you know who you are), who are not making a kabillion dollars a year, we are all indebted. And for so many of you who are out of a job, take heart. Things will pick up.

Outside Lands Announces 2009 Lineup

2009-04-13T13:54:00.000-07:00

With regards to the headliners, I think I would have been more excited if this were 1994.

But there are some interesting bands on there:

Calexico
Lila Downs
Dengue Fever
Thievery Corporation
Kinky
Q-Tip
Samba Da
Raphael Saadiq

I'm kind of glad there is no band that would tempt me to try and navigate the gigantic cluster fuck that was last year's Radiohead show that was, incidentally, worth the headache to experience.

Who wants to guess that even though you'd think that MUNI would have learned a lesson last year, they will do almost nothing to improve the public transportation situation to and from GG park?

Auditions for Anti Same-Sex Marriage Advert Reveal Just How Full of Crap They Are

2009-04-08T13:58:00.000-07:00

Wow. Just Wow. Check out this post from Sfist about what the Human Rights Campaign has uncovered. I'll restructure the gist of it here though.

First, Watch the anti-gay ad:

and now you can click and watch the auditions for it! That doctor who was so upset about having to choose between her faith and her profession for a reason she doesn't mention because it DOESN'T FRAKING EXIST?* An actor! The New Jersey guy who says his church was punished for not supporting gay marriage?** An Actor!! In fact the whole thing is filled with specious inaccuracies!

And I love how they couch it as being about their "freedom." It takes some pretty twisted logic to conclude that one's freedom extends to the "freedom to decide with other like-minded people how other people should be treated under the law." That's not freedom at all. That's tyranny by the majority. Anyway, here is one part of the auditions.

* This has been determined to reference the Benitez decision, which held that a health care provider cannot refuse a patient treatment based on their sexual orientation. Hardly necessitating a decision between your faith and your profession.

** I think I've mentioned this case on here before, because the Mormons used it in their prop 8 blitz. But anyway, in New Jersey the state offers a tax exemption to private property owners who open up their land for the use of the public, provided they follow all state laws. The unincorporated community of Ocean Grove that is very religious took advantage of the program, but then refused to allow a same sex couple to have their civil union ceremony on the grounds, which runs afoul of the state anti-discrimination policy. So the state is contemplating revoking their ability to claim a tax exemption. That is hardly being fined for not supporting same sex marriage. New Jersey doesn't even have same sex marriage.

I Really Really Hope This Is Good

2009-04-08T09:26:00.000-07:00

Otherwise I know several generations of 5 year-olds who will not be happy.

The Arcade Fire Song is a nice backdrop, so you're off to a good start Spike!

Isn't that where syrup is made?

2009-04-07T17:30:00.001-07:00

Vermont now joins the list, as its legislature legalizes same-sex marriage over the governor's veto.

D.C. has voted to recognize same-sex marriages from other states.

While all of this makes me a little sad for California, it makes me very happy for all those couples who can now get married.

In Other Legal News, Iowa Supreme Court Gives Ok to Same Sex Marriage

2009-04-03T10:40:00.000-07:00

Yes, really. I wonder if the Prop 8 people have any money left to pour into an amendment to Iowa's constitution. How many courts and legal scholars (and bloggers!) have to weigh in before we all realize that banning same sex marriage violates the Equal Protection clause. It won't ruin your schools, it won't teach anyone to be gay (whatever that means), and it doesn't mean you have to marry someone of your own sex. It only extends the same benefit (ONLY the rights wielded by the state, no religious significance is given or required. Your religion can still discriminate if it wants to.) we all enjoy to the gay community. That's it. Come on people.

UPDATE:

Apparently it is much more difficult to amend the Iowa Constitution than ours, and it requires going through the legislature first. Rich out-of-state social conservatives might be SOL. I might have to get a map and actually find this state.

Right to Habeas Extends into Afghanistan

2009-04-03T09:32:00.000-07:00

It seems ages since Boumediene v. Bush was handed down, holding that the prisoners held at Guantanamo Bay had a right to petition for habeas corpus in federal civilian courts. But yesterday, the decision was the basis for a significant ripple in federal jurisprudence. Yesterday, a federal judge determined that, under the rationale used in Boumediene, detainees that are being held at Bagram Afghanistan also have a right to petition for the great writ.

Well, not everybody. It turns out that Bagram has become a sort of terrorist holding tank for prisoners picked up all over the region, not just in Afghanistan. The judge ruled that the writ extends to prisoners who are NOT Afgahn nationals. So the decision concluded that three of the four (two Yemenis and a Tunisian) have a right to file habeas petitions, but due to possible friction with the host country, the Afghan does not.

NYT Article

Decision

Pointy Hat-ed Pontiff Ribbed (or Unribbed Perhaps) by Facebook

2009-03-27T11:43:00.000-07:00

According to the Telegraph, a few Italians have started a growing facebook campaign to inundate the Vatican with prophylactics. The campaign was started in response to comments the Pope made about how condoms aggravate the spread of HIV. Organizers claim that 60,000 have signed up so far. If you are one of the participants, might I recommend sending the condoms with the reservoir tip as they actualy kind of look of look like the aforementioned pointy hat.

Kidding aside, this policy is just plain deadly. I read that the Pope made these or similar comments on a recent trip to Africa. As Africa has about 22.5 million people currently infected with HIV and 20 million have already died from it, his suggestions that the disease could be defeated through chastity and abstinence is tantamount to homicide in my book. Africa has enough indigenous and cultural problems dealing with the disease with out adding any more to it. Harvard researchers last year estimated that the approach of South Africa’s Thabo Mbeki had led to 330,000 needless deaths. Mbeki, you may remember, said that there was not enough evidence to prove that HIV caused AIDS. This lead to bad policies such as not providing antiretroviral drugs to those already infected.

So Mr. Pope, if you are listening, I ask you, which is the greater evil?

Speaking of Weirdness

2009-03-13T12:01:00.001-07:00

I think I now know why both clowns and Fergie scare me, and why I was such a strange little kid. Look at what I used to watch!

Joaquin Phoenix's New-Found Weridness

2009-03-12T10:47:00.000-07:00

I caught part of his interview on David Letterman last month, and now I saw this headline about him getting into an altercation with a heckler at one of his hip-hop performances.

Yeah, hip-hop. Is he on tour or something? If so, has anyone out there actually been or bought a ticket?

I'm guessing this is one big Andy Kaufman-esque thing. It does sort of sound that way, and I kind of hope it is. I think Hollywood and the media (especially all the gossip rags) need a good shaking up again.

Friday Freestyle

2009-03-06T14:55:00.000-08:00

I am saddened that I had not seen this before. If you want to stop laughing, check out the violence at the end and the racist youtube comments that follow the link.

California Supreme Court Hears Oral Argument on Proposition H8

2009-03-05T09:38:00.001-08:00

Well, they're off, in theory, as argument was supposed to begin at 9 a. m. PST. I have been unable to access the sites that are supposed to live stream the arguments. Like this one. But they are supposed to last 3 hours, so I guess I can just try again in a bit.

The LA Times reported that the demonstrations in front of the court were "slow to start," but I don't think that a "couple of hundred" people who were there an hour before the hearing even started is really a "slow" start when it comes to demonstrating in front of court houses.

However you feel about the issue, there are some interesting questions before the court. Such as, is this a "revision" of the constitution rather than an "amendment" because prop 8 "revised" the previously interpreted breadth of the Equal Protection clause? Or is it an amendment since it only revised an interpretation of the EPC, rather than the EPC itself?

I heard that the Supreme Court has rejected such challenges in the past, but I'm not sure if any of them dealt with the EPC which, I think everyone would acknowledge, is in a more fundamental and separate category from the rest of the (enormous) California Constitution.

Even if the court does uphold the proposition, what of the people already married? Should it be retroactive?

Tough questions. I guess we'll know in 90 days or less.

Detour to Africa Via Den Haag

2009-03-04T12:44:00.000-08:00

The Pre-Trial Chamber of the International Criminal Court has issued an arrest warrant for Omar al-Bashir, the President of Sudan, for war crimes and crimes against humanity. Interestingly, and some would say incomprehensibly shamefully, the warrant does not include the charge of genocide.

Apparently the PTC did not even think they could establish the low standard of "resonable grounds" necessary to include the charge of genocide in the warrant. I have to imagine that perhaps this was ultimately a political decision aimed at minimizing the reaction in Khartoum. Either way, I have to share in other commentators' dismay.

But there might be other factos at work too. I imagine that establishing Bashir's genocidal "intent" might be hard to establish. And correct me if I'm wrong, but I believe that the ICC can only consider conduct that occurred after the entry into force of the Rome Statute in 2002, so Bashir's activities during the pre-Darfur civil war with the SPLA in Southern Sudan during the mid-to-late nineties and early naughts would not be able to be considered. So I think the lead prosecutor's case will have to be based on mostly the conduct in Darfur.

He has been charged with:

five counts of crimes against humanity: murder – article 7(1)(a); extermination – article 7(1)(b); forcible transfer – article 7(1)(d);
torture – article 7(1)(f); and rape – article 7(1)(g);
two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities – article 8(2)(e)(i); and pillaging – article 8(2)(e)(v).

The reaction in Khartoum, however, has been quick. Protests were almost instantaneously started and the Sudanese seem to have revoked the licenses of several NGO aid organizations that operate in the country. Apparently this is Bashir's way of punishing the West by further punishing his own people.

Now at the risk of sounding clinical, this is going to be an interesting experiment, as it will be testing ground for the ICC in a new area. It will be a new chapter in the ongoing argument between those who think that impunity cannot be tolerated and that those who are reasonably believed to have committed war crimes or crimes against humanity should be tried in the Hague if the local country is unwilling or unable to do so, and those who are not sure if the meddling of the international community will help, and might only make wounds fester.

For further information about the long civil war in Sudan, the one that preceded Darfur, I highly recommend a book by David Eggers entitled "What is the What."

Locker Room Etiquette

2009-03-03T13:56:00.000-08:00

I'm about as "straight but not narrow" as they come, but something about my gym makes me a little uncomfortable. Specifically, how...um...well how gay it can be.

Now I don't mean that I'm bothered by the LGBT community going to my gym. Far from it. However, on any given day, you can find m4m missed connections from the men's locker room. Here are a few examples.

saw you working out at [gym]. You were wearing a purple t-shirt and Stanford shorts. Looks like you're tan from vacation. I checked you out in the locker room but you were talking to some of your buds. I gotta know who you are - does anybody else know? I was the in-shape white guy, five eleven 180lbs muscle tats on right arm, that checked you out several times. Let's bone bud - I bet you're a HOT TOP... I saw your thick dick in the showers!

Saw you today working out and then in the locker room. You are very cute. We talked for a minute but I did not want to be too forward. I would love to meet you outside of the gym. I think it was around 4:30 or 5

Ok this is SO not fair, heteros don't get a sneak peak at the goods! Although maybe being objectified by other men might be a good lesson for some of us so that we can empathize with how women feel most of the time.

We're All F*cked But at Least It Won't Be on the Internet Anymore

2009-03-02T13:40:00.000-08:00

Not to be the boy who cried wolf or chicken little, but if you don't find this scary enough, maybe this will cause you to panic. I mean, if internet porn can't make it in today's economic climate, I don't like the chances for the rest of us.

*I just went to NYC a few weeks ago and finally saw Avenue Q. Hilarious.

Banana^2 Slug

2009-02-25T10:21:00.000-08:00

My last post had too many words. This is kinda icky looking, but I couldn't just walk by and let this slug's obvious sense of humor go unnoticed.

Italian City Unveils Plan To Bail Out Struggling Carb Industry

2009-02-24T11:49:00.000-08:00

According to Yahoo, Lucca, a city in the heart of Tuscany, has passed a city-wide measure that bans "ethnic" eateries within city limits. Apparently feeling threatened by kebab and curries, the center right city council's action was applauded by Italy's agricultural minister, who is, of course, a member of Italy's Lega Nord, which is known for its xenephobic leaning.

This article calls the Lega Nord "anti-immigrant," but this is a bit of a misnomer really, because it gives the impression that it is anti-"things foreign to Italy." The Lega Nord (per l'Indipendenza della Padania, which is the full name) is actually a party consisting of those who think that certain regions of northern/central Italy should either have more autonomy(according to the more mainstream view now dominant) or should secede altogether (no longer the official view, though some extremists would still claim this I imagine).

So they are equally anti-"other parts of Italy too," though to a predictable lesser extent. And this is an interesting phenomenon in Italy.

Years ago, I wrote a paper on racism in Belgium and Italy. Why those countries you ask? Well, at the time (1998-99) there was a lot of discussion of race relations in some of Europe's larger countries, such as Germany (obvi) and France, but there wasn't much on the smaller countries. And I thought Belgium and Italy would be interesting (I did not know at the time that I would eventually be living in Belgium about 2 years alter) because of their respective histories of not being a unified country. I don't actually remember much about what I wrote, but the studies I had to read were actually quite interesting.

With regard to Italy, the studies spoke of "L'exception italienne;" that is, despite the growing number of immigrants, Italy had not responded as many other countries had; either through sanctioned quotas or a growing anti-immigrant sentiment among the natives (though this had changed over the years). One of the reasons cited for this exception was that Italy itself has always been a patchwork of distinct regions, and thus Italians were used to dealing with those they saw as different from themselves. Italy, as we all know from our 6th grade text books began as a series of city-states. But even Italy as we now know it did not exist as a modern nation state until 1870. To this day, regional dialects and identities persist, though to a much lesser extent (Although if you watch AC Milan play AS Roma, the north/south distinction will become VERY clear).

My favorite study consisted of a survey that asked Sicilians what degree of trust they had for certain other groups, including the relatively new immigrants from the Maghreb. The result was priceless. According to the study, Sicilians trusted North Africans a bit more than they trusted other Sicilians and A LOT more than Italians from other regions.

So the Italian Exception isn't so much that Italians are really accepting so much as they are much more local and perhaps open-minded in their point of reference for prejudice.

Now if add to this mixture the pride most Italians have for their food, regionally and nationally, this city measure makes sense. I once mentioned to an Italian friend how the popular conception of Italian food wasn't really "Italian" since tomato sauce couldn't exist until tomatoes were discovered in the New World and that pasta was most certainly not indigenous to Italy and was probably imported from the Levant. From her reaction you would have thought I had spat on the grave of her grandmother. So despite the admonition from Vittorio Castellani that there is"'no dish on the face of the earth' that is not derived from a mélange of different ingredients and a fusion of culinary styles," it looks as if culinary protectionism has emerged under the Tuscan Sun.

But of course, we just passed a massive stimulus plan that has some "Buy American" clauses in it, so I guess we can't really talk.

Wow. Pasta sounds really good right now. Maybe I should go to Lucca.

A Return to Africa II

2009-02-20T17:31:00.000-08:00

I was originally going to comment on the mortgage/foreclosure plan and the moral hazard it creates, but I just don't have the time or energy to get into it after a long week. Although as a renter who could not afford property in the Bay Area, I am a bit angry that others who bit off more than they could chew get to be bailed out. Why not bail me and my student loans out?

But that would be about me.

So instead, I just want to update my previous post on the situation in Somalia, which still does not garner any media attention. I can't understand why, considering that this is a lawless area full of Islamic fundamentalists who want to impose the sharia and pirates who threaten international trade. I mean, what else needs to happen before we start paying attention?!?!

So a new leader has been selected, Sharif Sheik Ahmed, a moderate Islamist cleric, that was a compromise between the transition government and the Islamic opposition. Hopefully they will be able to bring some sort of central leadership the area.

Although it appears that more AU troops might be need to keep the peace in the mean time. Democratic Senator Russ Feingold seems to be the only U.S. politician aware of the situation, as he wrote Obama a letter dated February 13, urging the new US president to break with predecessor George W. Bush's approach. He actually seems to have several good ideas.

"The previous administration maintained a disjointed and short-sighted approach toward Somalia that was counterproductive and led to increased anti-Americanism in the region," the Wisconsin lawmaker charged.
"As a result, the situation in Somalia has deteriorated, undermining our national security goals, including counterterrorism," the senator, who visited Somalia in December and met with President Sheikh Sharif Sheikh Ahmed.
Full AFP Article. Image also from AFP.

Well-put, Russ.

You have gone TOO FAR

2009-02-12T12:49:00.000-08:00

Go Fug Yourself, I enjoy your snapshots of celebs and witty and, dare I say, deliciously irreverent commentary. But you have now maligned number 1 on my "List."* And what's even worse? It's not really funny. You use a play on words that is a luke warm version of what made me giggle in high school when somebody wrote down and made me say "Sofa King We Todd Did." You are on notice ladies!

*This of course refers to the "The List" of celebrities you are allowed to have sex with and it doesn't count as cheating with your partner.**

**No I dont' really believe that and I only really have one person on my list, but people seem to know what I'm talking about when I mention this, so I'm sticking with "The List."

Happy Darwin Day Eve!

2009-02-11T13:14:00.000-08:00

Tomorrow is Darwin's 200th birthday, and celebrations are expected worldwide. Not bad for a guy who boarded a little ship called the HMS Beagle mostly to avoid his studies to become an Anglican Parson (much to his father's dismay). This year also marks the 150th anniversary of the publication of the theory of evolution.

Interestingly, as the Economist points out, Americans are still not that convinced. According to the publication, "[i]n 2008 14% of people polled by Gallup agreed that “man evolved over millions of years”, up from 9% in 1982. " While that is "up," that seems to be a remarkably low number. Although considering that there continue to be attempts to replace evolution as the primary scientific explanation for "how" we are here (as opposed to the "why" which I think gets conflated sometimes), perhaps this makes sense.

In June of last year, Louisiana became the first state to pass what has become known as an "academic freedom" law. In the past, fights over evolution took place at the local school board level, but academic freedom proponents specifically target state legislatures.

Such laws back away from outright calls for alternative theories to evolution, electing instead to legislate support for teachers who discuss the "scientific strengths and scientific weaknesses" of issues such as evolution in the name of protecting the freedom of speech of instructors and students alike.

Whole article from the Christian Science Monitor.

This recent not-so-subtle attempt by the not-so-subtle creationists to try and insert a watered down version of something other than evolution (since their forays into intelligent design didn't go so well) highlights the problem. Science is, by definition, able to be proven false, i.e. it is has falsifiability. Not that it it is false, but only that, by definition, a scientific theory can be proven false. Karl Popper argues, convincingly, I think, that this is what separates science from pseudo-science.

Religion, whether it be Christian, Hindu, Islam or other, lacks falsifiability because we cannot by experiment or observation disprove that God created Adam and Eve, or Adam and Hawwa, or that Brahma created all life at the same time. Thus, it is not "science."

Evolution, as a scientific theory, however, is falsifiable as one observation (though I don't know what it would look like, maybe a mermaid) could bring the whole theory down. In fact, to this day, the theory of evolution continues to...well...evolve based on observation and experimentation. And some initial theories that would fall under the umbrella of "evolution" have been proven false (I can't find any specific examples, but I think some of Darwin's initial theories about sloths and birds on South American turned out to be false, so he had to later revise them to fit the data). That's what makes it "science" and thus proper for the class room.

This distinction is obviously not understood by these lawmakers who want teachers to discuss the "'scientific strengths and scientific weaknesses' of issues such as evolution." The strengths and weaknesses of the theory are part of the theory itself. Evolution could be proven false. It just hasn't happened yet, after 150 years research and academia.

So in honor of Charlie getting on that boat and taking a pretty remarkable trip around the world, why don't we concentrate on making some good laws that don't involve thinly veiled attempts to put your religion into the classroom? Just one day?

California Supreme Court To Hear Oral Argument on Prop 8 Challenge

2009-02-05T10:52:00.000-08:00

The Supreme Court has announced that an oral argument will be held in the Prop. 8 cases on Thursday, March 5, 2009, from 9:00 a.m. to 12:00 p.m. That is a long time. Still, I'm not sure how they're going to decide who will get to argue since about a kabillion amicus briefs have been filed. I guess the fact that they are going to have oral argument should give some hope to the petitioners (as opposed to just deciding it on the [ample] papers). Should be interesting.

Psycho Patrol?

2009-02-02T10:17:00.000-08:00

I have now seen this car parked twice in my neighborhood. Two questions:

1) Is this for real? I mean, it looks like a real cop car of some sort, but you would think that the gov't would come up with something a little bit more technical sounding (not to mention politically correct) than "Psycho Patrol."

2) Are they looking for me?

UPDATE:

Is it this guy?

SAN JOSE, Calif., July 17 (UPI) -- An official-looking car that once belonged to the Oregon State Police is roaming San Jose, Calif., with the words "Psycho Patrol" printed on its side.

Except for the wording, the car is so authentic that when it pulls up behind other vehicles the drivers think they are about to get a ticket, the San Jose (Ca.) Mercy-News reports.

Danny Kirby, 21, bought the vehicle on eBay four years ago from a company that had purchased it from Oregon state police for use in a movie filmed in Portland

A Detour to Africa

2009-01-30T16:38:00.000-08:00

Although I know these kinds of posts are the least popular on here, I feel this topic is just not getting enough attention.

In the last few weeks some big events have taken place in Somalia. Ethiopian troops, really the only reason the transitional government was able to hold onto any semblance of "power" at all, have withdrawn. The president of the transitional government has also resigned, and his successor has not been named by paliament. This leaves an incredibly large vacuum in this desperate African nation, not only in the transitional government itself, but in the country as a whole. Already the previously expulsed Islamic fighers have retaken the country, and the areas they don't control are ruled by warlords. According to this article:

The government, with its 10,000 strong army and 3,500 African Union AMISOM peacekeepers, controls little more than a few blocks in the capital, Mogadishu. The election is being held in Djibouti because even the provisional seat of parliament in Baidoa fell to Islamists several days ago.

The fact that the parliament can't even sit in its own city is pretty telling.

We only hear about Somalia primarily when the pirates sitting off of the coast of the Horn of Africa board a large foreign ship of some sort. And, of course, piracy is no laughing matter. The piracy off of the coast of Somalia, however, is the symptom of a much larger disease. Some order needs to be established in this country and soon, otherwise Iraq and Afghanistan are going to be fond memories compared to the crisis that emerges there.

San Francisco's Goodbye

2009-01-21T12:50:00.001-08:00

Good find Eddie!

The Inauguration

2009-01-20T14:00:00.000-08:00

After listening to the talking heads this morning wax poetic about how Obama and Bush had eaten sponge cake together on a replica set of Lincoln's china, I was not sure if I could bear much more of the symbolism and hoopla. But then Obama spoke, and again, I was taken aback at just how articulate he is, and how he is able to inspire. I particularly liked this part.

As for our common defense, we reject as false the choice between our safety and our ideals. Our founding fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake. And so to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman, and child who seeks a future of peace and dignity, and that we are ready to lead once more.

I could not think of a more fitting "good bye" to W. Good riddance. And isn't it wonderful that we now have a president who is so well-spoken that he out-did the poet?!?!

Bart Officer Pleads "Not Guilty"

2009-01-16T09:32:00.000-08:00

The Bart officer who has been charged with murder for the fatal shooting of Oscar Grant plead "not guilty" to the charge yesterday in Alameda Superior Court. His attorney, Christopher Miller, stated that he plans on moving for a reduction of bail.

No real surprise. But I did want to make a few points, somewhat in response to a lot of what I've heard in the media.

1. My previous post about the propriety of the charges against Johannes Mehserle, I was in no way indicating that I thought he was actually guilty of murder, or any other crime. I was only commenting on the DA's decision to charge him with murder, based on the publicly available information. I think it was a reasonable, if somewhat aggressive charge. This doesn't mean they won't change their minds later once further information is discovered, or the Mehserle begins to mount his defense. I think if the defense can bring up the chaos that preceded the now infamous video, to show the stress of the situation, and how at the time perhaps the situation was not as calm and under control as it might seem from a 1 minute film on youtube.

2. Getting a lawyer and not making any public statements should not be held against Mehserle. This is what any sane person should do if confronted with a charge like this. Even if you are innocent, the best way to stay that way is to get a good lawyer, rather than depend on the mercy of the DA in an adversarial system that will, in all likelihood, not be forthcoming.

3. Also, a correction. Contrary to initial media reports, it appears that Grant was "restrained" but not handcuffed at the time he was shot. The fact that Grant could have reached for something, I think, might change the dynamic of this case.

BART Officer Charged With Murder

2009-01-14T13:13:00.000-08:00

On New Year's Eve (rather early in the morning on New Year's Day) in Oakland's Fruitvale station, a BART (Bay Area Rapid Transit) officer shot and killed a 22 year-old man who had allegedly been involved in a brawl on one of the trains. At the time of the shooting, it appeared that the victim, Oscar Grant, was already handcuffed and lying face down on the ground.

The incident was caught on many a cell phone.

Since then, the BART officer has resigned, a protest turned violent in Oakland, and the BART officer, one Johannes Mehserle, has turned himself in.

Today, the Alameda District Attorney announced that they will charge Mehserle with murder.

I was a bit surprised at first, as that seemed more severe than I guess I was expecting. But, if you think about it, it's not that far fetched. If you watch the video, he seemingly quite calmly pulls out a gun (and as an officer, he has been trained on what those do and how shooting someone in the back will often be fatal) and shoots the guy lying prostrate on the ground in handcuffs. While I think "premeditation" might be hard to establish for first-degree murder (though not impossible), I think establishing malice aforethought would not be that difficult.

I had initially thought that voluntary manslaughter would probably be the extent of the charge (as a "heat of passion" kind of crime), but as I watched the video again, I think I see the DA's reasoning. While he might have been initially "provoked," he 1) is a BART officer on the beat, so confrontations are really a part of his job, and 2) the situation looked pretty calm at the time of the shooting. All of those who were allegedly involved in the altercation on the train were in handcuffs and on the ground. I think it would be hard to show that he was any longer in the heat of passion.

Although this post, like the hundreds of others like it, will definitely be fodder for a motion for change of venue based on Mehserle not being able to get a fair trial in the Bay Area given all of the news coverage.

Hot and Bothered

2009-01-13T10:38:00.000-08:00

Maybe it's because I just read the Economist's report "Troubled Waters" on how we've screwed up the world's oceans, but I am having a really hard time enjoying California's current heat wave. Seventy-four degrees in SF in January? That's warmer than it is here in the Summer on most days.

A lack of water not only screws up skiing in Tahoe, but it also does not bode well for wildfires. Especially considering that Schwarzenegger's proposed budget rests on the assumption that the state will spend half of what it did last year on fighting fires. If this keeps up, this won't be a likely scenario at all.

Image: (Lea Suzuki / The Chronicle)

Sarko To Scrap Defining Characteristic of French Civil Law Tradition

2009-01-12T13:36:00.000-08:00

In the French judicial system, magistrate judges ("judges d'instruction") are often the ones tasked with leading criminal investigations, with counsel for the parties playing a much more passive role. Critics have suggested that this essentially does away with any hope of a presumption of innocence and that this inevitably leads to an abuse of power. Proponents suggest that this method is much better because it allows an independent judge to look at the facts, rather than letting a beauty contest between two arguing attorneys (who may or may not get the law right) decide the outcome.

But after a few egregious cases where the investigating judge did not do such a hot job, Sarko thinks that it is time to have an adversarial process.

Unsurprisingly, French lawyers and judges protested the suggested reform.

Carnie Sidewalk Graffiti

2009-01-07T13:09:00.000-08:00

in front of my old apartment. Not sure if this was a neighbor intimating that I was immortal, or if it had something to do with the circus school down the street.

You should hum "taps" when you watch this

2009-01-07T11:30:00.001-08:00

If You Can't Appreciate Irony

2009-01-06T10:27:00.000-08:00

then don't bother reading this article, penned by former US ambassador to the UN John Bolton (who was never confirmed by the Senate) and John Yoo (he who penned the infamous torture memos that were based on his opinion that in times of war, the executive branch is not bound by normal separation of powers limitations or international law).

In this article, they both call for the restoration of the Senate's Treaty Power.

Yes. Seriously.

It is consistent at least in the sense that they see no benefit to be gained from international law at all. But now they are worried that the executive will enter into international agreements without congressional authorization, rather than flout international law, as with questionable interrogation techniques and Guantanamo Bay.

They seem to gloss over the fact that one treaty that was signed by the president and ratified by the Senate was the Geneva Conventions; the very set of treaties that John Yoo advocated the president did not have to follow and that he could authorize alternative interrogation techniques at Guantanamo and elsewhere in contravention of those treaties.

Dear Israel,

2008-12-30T10:57:00.001-08:00

Please stop the bombing. I'm going to ignore the areas complex history for the moment (though it should be noted that Israel took control of it after the 1967 six day war until they left three years ago) and just concentrate on the current situation. Massive air strikes against an impoverished nation is in no one's interest, least of all your own. Remember when you did this to Hezbollah in Southern Lebanon? Remember how that turned out?

I understand the frustration with the rockets. I do. But bombing targets that will inevitably kill civilians in an area that you yourselves have kept in poor supply of medical supplies because of economic sanctions is counterproductive.

Hamas was elected because the Palestinians in Gaza were angry. Depriving them of material goods has only angered them and emboldened them more. Hamas becomes stronger the more you use violence against Gaza. It reminds me of the fishermen who used to cut starfish in half in an effort to get rid of them.

Tired, Poor, Huddled Masses Staying Home

2008-12-29T14:09:00.000-08:00

Immigration, both the legal and illegal kind, is way down it seems. According to the Economist, in "the year to September 2008 724,000 fewer people were caught trying to cross into America from Mexico, the lowest annual tally since the 1970s."

Now this really either means that we have gotten really bad at catching people crossing the border or that less people are attempting the dangerous affair. Given that enforcement is supposedly up, it seems that the latter is the more likely explanation. According to the same article, "Border cops have naturally claimed credit for the drop. But the heavy hand of the law is probably much less of a deterrent than the invisible hand of the market."

Simply put, now that there is less demand for labor here in the U.S., especially in the construction industry (because our economy is in the toilet), the supply is increasingly deciding to stay home.

So next time we have an influx of illegal immigrants, before we build a fence, maybe we should remember to count our blessings, because the willingness of foreign workers to cross the border is also evidence that our economy is booming (at least relatively).

In a somewhat counter intuitive way, as the article points out, immigration reform might now be more difficult, despite the drop in number of illegal immigrants. Despite the fact that minute men might not have as much to crow about given these new statistics, it is the slackening labor market that might put a wrench in the works, as it will be tough to convince conservatives that more immigrants should be allowed in the country when the U.S. has an economy in recession and a rising unemployment rate.

In any event, I think it is amazing how quickly we have forgotten. It was only 2006 when Americans rated immigration as the nation’s second-most-important problem after the Iraq war. Now it's barely on the radar at all.

Sean Hannity-Douche of the Year

2008-12-19T11:10:00.000-08:00

Media Matters, a self-proclaimed liberal institution that watches the tv, radio, and other media for conservative misinformation, proclaimed Sean Hannity as "Misinformer of the Year."

I don't particularly like pundits either way. While the Fox news people enrage me, some of the "liberal" ones also irk me, not so much because of the content, as because of the condescending nature of the tone.

And none of the talking heads add to the conversation because, as they are biased at the outset, the "result" of their "analysis" is a foregone conclusion. They all also flaunt survivorship bias , and keep unwary viewers captivated with their amazing post hoc ergo propter hoc conclusions which really does nothing but confuse and does not promote the dissemination of real information, IMHO.

Actually, if you read this article about Mr. Hannity, though, he takes distortion to another level and definitely has earned this award. Congratulations!

Like a Blogrolling Stone

2008-12-18T16:44:00.001-08:00

Dear Blogrolling,

You were my first. And up until recently, my only, well...blog roll. You were there when I wanted to reciprocate when people linked to me. You were there when I wanted to post links that I like and that I thought other people might like.

That seems so long ago now. I just don't feel like I know you anymore.

I mean, communication was never our big thing, but you never talk to me anymore.

I had made some new friends on teh internets. But you wouldn't let me link to them. Did you feel threatened? Insecure? And I couldn't get myself out of old dysfunctional relationships or broken links.

I guess what I'm saying, is...this just isn't going to work out. I've found someone new.

See, blogger came out with a blog list. And it works just great. It gives me the space I need, and updates me when important things are going on. You were never there for me.

I know I wasn't much, but you couldn't even seem to handle what we had. I wish you luck on your future endeavors. I really do. And I hope you find someone with more patience than I.

Throw a shoe at double u

2008-12-17T09:53:00.000-08:00

Well it took the internets about 30 seconds to come up with this game:

http://www.ridiculopathy.com/crappy_flash_games.php?gamename=bushoes

At first I was a little shocked, but them I remembered that there have been those irritating flash games where you get to punch bush 4 times to win an ipod or something that have been around for years.

This is pretty funny though. Good find Dianne!

I think W's best attribute is his reflexes

2008-12-15T14:11:00.000-08:00

When I first saw a headline involving an angry Iraqi and a shoe, I thought it involved someone paying homage to Khruschev's ~~tantrum~~ incident at the UN.

But no. This reporter actually took his shoes off and threw them at Bush. He had decent aim, but Bush was just too quick.

Unsurprisingly, he was not given a high five and allowed to leave the building in his socks. A bit more surprising, but not totally shocking, the shoe hurler is now a pan middle eastern hero. From Jordan to Palestine, most look at the journalist with a nasty slider to be a brave man.

I have some mixed feelings about this. First, this is not the first time W has had stuff thrown at him. Second, though this is by definition a violent act, it is pretty tame compared to what most normal Iraqis might encounter during their daily routines, and is probably as close to "non-violent" protest as Iraq has ever seen. In any event, the purpose (notwithstanding the velocity of the left one), I think, was symbolic, as in Arab culture, showing the soles of your feet to someone is an insult. And, as here at home, Bush just doesn't speak with people who don't agree with him, so maybe a little reality check is a good thing.

On the other hand, like him or not, I don't like people throwing hard objects at the President, because if you hit him, it will cause a major shit storm here at home.

Vitamins Are Bad For You and Cancer Just "Goes Away"

2008-12-04T10:35:00.001-08:00

The New York Times has had a few health related articles over the past few weeks that made me want to throw up my arms and exclaim, "Well fuck it all then."

The first was an article entitled "News Keeps Getting Worse for Vitamins." As you can probably imagine, the article basically says that studies have shown that vitamins don't really do squat for you. This quote was the real brick to the head for me:

And recently, doctors at Memorial Sloan-Kettering Cancer Center in New York warned that vitamin C seems to protect not just healthy cells but cancer cells, too.

I take a multi vitamin everyday as well as quite a few other supplements (Omega 3 oils, grape see extract, etc.). I don't take the daily recommended dose of my multivitamin (6 pills a day, for fuck sake) because I just don't think I really need 3,000% of my RDA of vitamin B6. I mean, not only is it a waste of money because you probably just pee it out anyway, but I have to imagine that's got to be rough on your body to digest that. Your body is not made to ingest 3,000% of a vitamin. There is no food source in nature that I know of that would have that much vitamin B6. It's not like there's a "B6 bird" out there somewhere that humans have been killing and eating for millennia.

But still. Vitamin C has been billed to be this great killer of cancer-causing free radicals. And now it turns out it could actually protect cancerous cells? Well fuck it all then.

Better yet, this NYT article suggests that some cancers will just "go away."

I give up.

Proposition 8: Reaction to the Reaction

2008-11-12T11:52:00.000-08:00

This was originally going to be a comment on my own post below, but it just got to be too long.

First, thanks to Brittney Gilbert, who linked to this post (I now know who Gary was referring too).

Second, thanks to all of those who contributed below. Your thoughts are always welcome on here, no matter how much I agree or disagree.

Some final thoughts.

1.It probably is unfair to target only Mormons, as there were several groups, religious and otherwise, who supported prop 8.

That said, I do think it is fair to hold them to account for supporting it (and any other group). The church leadership entered into the fray knowingly, and mobilized their followers both in and out of California (There are A LOT of pro-pro 8 donations from Utah. A LOT. You can look it up) to support this legislation. Holding the church accountable for taking a position on a political issue is not "discrimination." I would also argue that the organizational hierarchy of the Mormon church really does not have equal in any other religion, so that its position is unique. I mean, as much as the Catholic Bishops also supported Prop 8, my gay catholic coworker did not follow in lockstep.

2. I am myself not a member of the gay community (I live with my beautiful girlfriend), so I do not pretend to speak for them. I am nevertheless an opponent of prejudice and I thus consider the passage of Prop 8 a defeat.

3. Many of you have found a religion in which you find strength and truth. That's great. I fully support organized religion. What I do not like, however, is when the church (temple/synagogue/whathaveyou)1) imposes its values on people who do not share their values 2) through the laws of the state.

You and your chruch always could keep your definition of "marriage," as backwards as I think it is. Prop 8 had nothing to do with forcing your faith to accept same-sex marriages. It had to do with the state. And under the laws of the state, specifically the Equal Protection clause of the CA constitution, this definitively is a civil rights issue, whether you care to frame it that way or not because it involves extending a privilege of the state to some, but denying it to others based solely on their sexual orientation.

This is not just about the voters passing an initiative anymore than Brown v. Board of Education was just about the drawing of school districts. This is about the state discriminating based on sexual orientation.

4. Domestic Partnerships were a big step forward, no question, but they are not the equivalent of marriage. The Supreme Court noted 9 differences in its opinion last spring. Moreover, it requires a completely different (and more taxing) process than regular marriage. "Separate but kind-of-mostly equivalent" should not pass muster under our secular state constitution when it is based only on prejudice against a historically (and currently, apparently) ostracized group.

5. I find it interesting that nobody has tried to defend the ads that the Yes campaign put out there. And this was what my original post was supposed to be about. I always knew the religious and social conservatives were going to vote for this. What I didn't appreciate though, is that the ads were trying to spark Pavlovian knee-jerk reactions among those who were undecided based on hyperbolic exaggerations with no basis in law or fact. No church was going to lose its tax exempt status, and same-sex marriage was not going to be "taught" in schools (I still don't know what that means) anymore than regular marriage is "taught" in schools now (maybe I was just absent that day).

If anything, however, the passage of Prop 8, has sparked something. I will no longer be only a passive participant in this struggle. I will no longer just put up stickers, give $ to a campaign, and write on a blog that no one reads. I hereby vow to take an active role in getting the H8 out of our constitution, one way or another.

Reflections on an Election, or "Woohoo!!! dot dot dot Oh Crap, Are You Serious?"

2008-11-07T11:40:00.000-08:00

I thought this would be the perfect week. Obama would be elected president, Prop 8 would fail, and Cal would pull a stunning upset and beat USC. Mixed results so far.

Watching Obama's speech on Tuesday night made me cry a little bit. I was at a party with a few friends, but coincidently mostly a bunch of strangers. And as the television told us that Obama was our future president, we all looked around in disbelief. Not because we didn't want to believe, as we were all Obama supporters, but because most of us couldn't remember the last time that we had been excited about a presidential election result. I think our brains could not longer connect the "win presidential election" and "happy" neurons because of disuse.

Could this really be happening? Was this real? There wasn't some last minute ad or strange twist of the electoral college that would take the victory away? No? Holy Crap. Hope.

And then the news about prop 8 hit. That took the wind out of my sails.

I am deeply saddened by you, California. I really can't believe that you would vote to affirmatively discriminate against a class of people. Shame on all of you.

But you know what? I don't really think you meant it as an affront to the gay community. I think those Mormon ads for yes on 8 probably scared you. I think you were afraid. And I understand that. I'm mostly upset about the Yes campaign for making you afraid for no good reason. Prop 8 had nothing to do with teaching your kid to kiss another kid of the same gender, or whether or not a church would lose its tax exempt status (they seemed to back off of this one after the first ad). It just didn't.

And it was a very strange dichotomy. Watching the ticker go by on the bottom of the TV screen stating that Prop 8 had passed while above the talking heads of the major networks waxed about how the election of the first African American president was a culmination of a long civil rights struggle was just strange.

For those of us who are part or supporters of the gay community, or just against discrimination generally, the war is not over. Legal challenges have been filed, but more importantly, we were REALLY close to defeating this thing.

Think about it. Until Lawrence v. Texas, it was ok for a state to criminalize homosexual activity. And now here we are talking about legalizing same sex marriage. Things are changing, and they are changing quickly. Not quickly enough for my tastes, but the tide is coming in. We are almost there.

Dear Californians: a final plea against prop 8

2008-11-04T09:02:00.000-08:00

I would like to take a moment, and ask you to reflect on why you love California, and why you live here. For me, it's the weather, amazing coastline, great people, crazy characters, majestic mountains, and world-class eateries, in no particular order.

And it is also because there really is no one "California." We aren't like other states. We never have been.

We are a motley crue of wily loony liberals here in San Francisco, and posh conservative label whores in orange county. We are shepherds and ranchers in the eastern sierra, farmers in the central valley, and deadlocked hippies up in the lost coast. We are bankers, lawyers, n'er do wells, authors, actors, and food critics.

And yet somehow we all get along. It's as if, by being born here, you have signed a tacit agreement of "live and let live." Because, if we didn't have that, we would have collapsed a long time ago in a war between surfers, hikers, dirt bike enthusiasts, and snowboarders. If anything, it is our diversity that has kept us strong. Whether it's the shipyards and movie business in southern california, the technology in the Silicon Valley, or whatever it is we do here in San Francisco, we have all taken turns and continue to contribute to what would be the 9th largest economy in the world.

And we lead the nation in trying new shit out, whether it be environmental standards, school vouchers, or ideas of good governance.

So, fellow Californians, I ask of you, is there anything less "Californian" than writing in prejudice to our constitution? Regardless of how you feel about the GLBT community in general, or even same sex marriage in particular, do you really want our constitution to single out a historically discriminated group and specifically deny them the right to sanctify their relationship before the state (not the church, mind you) so that they can just be together like any couple wants to be together?

Think about it. I don't think you do.

And Now This

2008-10-30T14:08:00.001-07:00

The No on Prop 8 website was attacked by out-of-state hackers to prevent further fund raising.

Did God tell you to do that too?

Vote "No" on Prop 8 Part IV: Who's Lying? You Are. You're Still Lying

2008-10-29T16:10:00.000-07:00

Sorry to be repetitive about being sorry about being repetitive, but bigotry makes me angry.

So since my last post, the "Yes" people dropped a press release entitled "Who's Really Lying" wherein they quoted themselves talking about a lawsuit in Massachusetts where a kid's teacher assigned a book called "King and King" wherein a prince, who is forced to get married by his mother (some things are universal), chooses another prince over a bunch of princesses. The Judeo-Christian parents get upset, because they did not get prior notice or the opportunity to pull their kid out of class. They cite this case as "proof" that same sex marriage will be taught in California Schools.

Let's get a few things straight here.

1. Same sex marriage has been legal in Massachusetts now for over 4 years. And like California, its system is very decentralized: meaning each school district, each school, and even each teacher has a part in choosing the curriculum. Let's say this case actually stands for the assertion for which the Prop 8 proponents say it does. This means that in four and half years since the legalization of gay marriage, there have been two instances (there are actually two families involved, see below, and the Prop 8 people seized on the worst sounding one) where teachers assigned a book to a kid whose parents found it objectionable, so as to actually start a federal case on the matter.

I went into law because I'm bad at math, but that doesn't sound that bad to me. When I was in high school, teachers were getting into problems for assigning all kinds of books that some parents found objectionable. And for any teachers out there, I'm sure this seems sort of silly.

2. The case the Prop 8 proponents are talking about is called Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008). Some of you might say, "Hey, what is a dispute about school curriculum doing in a federal court of appeals, the court right below the Supreme Court?" Well, the First Circuit agrees with you.

The parents sued on federal constitutional claims (specifically, First Amendment right to free exercise of religion and Fourteenth Amendment's fundamental substantive due process right to "parental autonomy") (the irony of these people, who are so obviously pro-life, trying to assert a substantive due process claim based on the penumbra of the 14th amendment is not lost on me).

The court noted that Massachusetts law allowed for parental notification for some topics (sex ed), but nothing else. I don't want to get into it, but schools have to really really screw up before it becomes a constitutional violation, like actual "indoctrination" against religious beliefs. Which is kind of what the Prop 8 proponents claim is happening. But no one is teaching children to be homosexual or that they have to get married to someone of the same sex. These books were, as mentioned in the case (and why they didn't fall into the "notification" part of the Massachusetts law), part of a broader curriculum of showing diversity, tolerance, and teaching what prejudice is (ironically enough).

So basically, the Court said there's nothing in the U.S. Constitution that prohibits this. I want to say that again, NOTHING IN THE CONSTITUTION. This WAS NOT the court saying that schools must teach children that they should be gay, which is how the Prop 8 people are portraying it. The Court merely said that there is a high burden before a plaintiff parent can establish that a public school is violating their constitutional rights. And this wasn't enough to establish a claim.

3. Interestingly enough, the other plaintiffs in the case were objecting to the inclusion of a book called "Who's in a Family" that was part of a "Diversity Book Bag." The book depicted different families, including single-parent families, an extended family, interracial families, animal families, a family without children, and here's the ringer, a family with two dads and a family with two moms. The book concludes by answering the question in the title: Who's in a family? The people who love you the most!" This is more obviously a part of a diversity curriculum.

4. This was in Massachusetts, a different state, with a different set of standards. And since this press release has come out, the California Teachers Association as well as other state officials have stated that the existence of same sex marriage does not mandate the teaching of same sex marriage in schools. It doesn't mandate so now, and it won't when prop 8 fails.

NO ON PROP 8!!

Vote "No" on Prop 8 part III: This is just getting silly now

2008-10-09T15:55:00.000-07:00

Ok, sorry to be repetitive, but I saw another "yes" on prop 8 ad this morning based on another misrepresentation.

The ad starts with a young girl coming home from school explaining to her mother how she can marry a princess when she grows up. Then some law professor says that "This could happen because, without Proposition8, same sex marriage will be taught in schools." I'm paraphrasing here, but that's the gist.

Basically, they want you to think that because same sex marriage is legal, that public school teachers will now teach your daughter to be a lesbian. The disconnect is already obvious, but let's take a look.

First, let's remember that Proposition 8 is the suggested change to the California Constitution, voting "no" is the status quo. If Proposition 8 doesn't pass, there is no trigger that will suddenly mandate the teaching of gay porn or anything. Everything just stays the same.

Second, Proposition 8 has nothing to do with education code. This is an amendment to the California Constitution, which is another reason not to take this lightly or base your decision on these fear mongering tactics. Nothing will suddenly change the educational code so that somewhere in there it will all of a sudden require teachers to give demonstrations of same sex sex.

Third, Proposition 8 proponents want you to think that because the existing education code mentions "marriage" that somehow now schools will be required to teach homosexuality. To the extent that the existing education code mentions "marriage"at all, it is in the context of what goes into the general curriculum of either sexual health education and HIV prevention or the comprehensive health education program (Sections 51933 and 51890 of the Education Code, respectively).

As all of you know awkwardly know, the curriculum for sex ed varies greatly between school districts. This is because the curriculum for sex ed (which is NOT required by the state) is developed by each school district. The state sets general guidelines, including general topics and when certain topics (like sexually transmitted diseases, and birth control) should be taught, but that's it. Each school district is free to develop a sex ed plan that falls within the general guidelines.

The ONLY time marriage is mentioned in this context is when it says that "Instruction and materials shall teach respect for marriage and committed relationships."(You can get the full subsection here). That's it. Just respect. So if a school district chooses to have sex ed, they are supposed to teach respect for marriage and committed relationships. To the extent that school districts weren't mandated to teach about civil unions between same sex couples before as "committed relationships" they are not not mandated to "teach" same sex marriage now, whatever that means. In a state with a 50% divorce rate, I think this is almost humorous.

The other mention of marriage is under the definition of what should go into a district's "comprehensive health education program," whatever that is. Like sex ed, this plan is developed by the school district under guidelines promulgated by the Department of Education. In this section, "marriage" is mentioned in a list of subjects that should be part of the program; a list that includes other things like "oral health" and "posture." The mention of marriage is thus:

Family health and child development, including the legal and financial aspects and responsibilities of marriage and parenthood.

Full subsection here.

Yup, that's it. The legal and financial aspects of marriage and parenthood. Has nothing to do with sex or gender.

Now, if it's just "homosexuality" and "school children" being mentioned in the same sentence that makes you uncomfortable (which is what I think the ad is really trying to provoke), that's fine, but Prop 8 is about "marriage," and again, doesn't have anything to do with education code.

And there have always been school topics that might bring up homosexuality. Sex ed has always supposed to teach about sexually transmitted diseases and other topics that affect both straight and gay couples. Although I dare say most schools are probably remiss in looking at these topics from a homosexual point of view. Learning about how HIV can be transmitted through both gay and straight sex didn't suddenly mandate a teacher to teach homosexual activity. How can teaching respect for, and the financial and legal consequences of marriage suddenly make Sally want to marry Katie?

It won't. Don't let the fear mongers win. Please.

Your Vector Zero-Nine-Zero for Bogey*/It Must Be That Time of (VROOOOOOOOM) Year Again

2008-10-09T13:06:00.000-07:00

Every year, around this time, the Blue Angels come into town as part of "Fleet Week." This weekend, the Blue Angels will be part of an air show. But in order to do the air show, the Blue Angels need to practice.

And practice they do. Today and tomorrow, the Blue Angels will be "practicing" their aerial acrobatics over San Francisco for a few hours during the middle of the day.

I don't mean on the outskirts of the city. I mean directly over the city, financial district and all. And man do they fly low and fast. And loud. Three just flew over my office building in a triangle formation, causing (in addition to the impetus for this post) a "Top Gun in IMAX" sort of ffffffffVVVRRRROOOOOOOOOOMMMMmmmmmmm.

Unsurprisingly, SFers have mixed feelings (from Yelp.com) about the display of the (I think) F-18 Hornets. While I don't think I hide the fact that I am 90% dove on here, I have to say, that I get a kick out of it.

Whoa. There goes another one. Jebus they're fast. I could just see it in the spaces between the high rises.

Anyway...when I was a kid I LOVED jets, and every year my parents took me to the air show up in Reno, and I loved it. I was simply enamored with how big a B-52 was and just how freaking cool the F-16 looks. I even got to see an SR71 Blackbird once, which for a little geek like me, was pretty much heaven if you added an ice cream sundae to the experience.

So does it seem to be a waste of money when our government is in an absurd amount of debt? Yeah, it does. Am I a little afraid that one might crap out and land in a big pile of debris in the middle of the financial district? A little. But you know what? Fleet Week helps the city out by providing an economic boost (by dropping off a crap load of navy servicemen) and San Francisco has a rich history with the Navy. Plus, the 10 year old in me still gets kind of excited and I wouldn't want to deprive the REAL 10 year olds of what to many of them is awesomeness incarnate.

So men and women of the armed forces, Welcome to San Francisco!

*Other than quotes from Top Gun, I got nuthin'.

Vote "No" on Prop 8 part II

2008-10-07T15:41:00.000-07:00

So I saw one of the ads for proposition 8 last night, and I was aghast at a few of its claims. First, according to the ad, if proposition 8 does not pass, then some churches might lose their tax-exempt status. Second, the ad claims that churches will be forced to marry gay couples.

These claims are completely false. They are so far from even having even an aspect of "truthiness" that it just boggles my mind that someone said it was ok to run these ads.

First, the tax exempt status thing. Churches, as non-profit entities, are allowed to discuss legislation and politics generally, and can even support legislation, but they are not allowed to endorse specific parties or candidates without risking their tax exempt status. So their claim that the rejection of proposition 8 will cause them to lose that status is just completely false. Proposition 8 is completely unrelated to whether a church remains tax exempt. As long as these churches don't turn unabashedly republican and start going partisan in the pulpit, they have nothing to worry about. But that is completely independent of Proposition 8 or same sex marriage generally.

In any event, the tax status of churches is a matter of federal law, not state. So the passage of proposition 8 has no bearing one way or another on how the IRS handles the tax exempt status of churches.

Second, the Supreme Court said explicitly in the decision that no religion would be forced to conduct same sex marriages if it was against their faith:

“[A]ffording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs.”

The fact of the matter is that since the Supreme Court decision in May of this year, same sex marriages have been conducted. No churches have been forced to marry anyone they didn't want to, and no churches have suddenly lost their tax exempt status. Proponents of proposition 8 are just trying to scare with outrageous fabrications. Don't let them fool you!

Although, I must admit, the "yes" on prop 8 track suit is pretty spiffy.

Breaking News: Assholes Make More Money

2008-09-26T11:39:00.000-07:00

This is depressing. Maybe I should start acting like Don Draper, drink during the day, put some plastic on my furniture, and start making some REAL money.

Study Ties Wage Disparities To Outlook on Gender Roles
By Shankar Vedantam
Washington Post Staff Writer
Monday, September 22, 2008; A02
Men with egalitarian attitudes about the role of women in society earn significantly less on average than men who hold more traditional views about women's place in the world, according to a study being reported today.
It is the first time social scientists have produced evidence that large numbers of men might be victims of gender-related income disparities. The study raises the provocative possibility that a substantial part of the widely discussed gap in income between men and women who do the same work is really a gap between men with a traditional outlook and everyone else.

Full article here.

Mad Hombres

2008-09-19T14:20:00.001-07:00

I have gotten hooked on the show "Mad Men." Really well written, and whoever is in charge of making everything (even the misogyny) look authentic to the early sixties, well, they deserve a night out with the boys.

Sometimes, I like to think that maybe I could write copy. You know, come up with some riveting catch phrase that would compel you to buy Tupperware. Well, maybe not. But it's fun to think about.

But today, I saw this, and I have to say, unless something is lost in translation, I really don't get this slogan.
This is on the side of a truck purportedly delivering pinto beans. And not just any beans, but the "mas limpio," which, unless I'm missing some other meaning, means "cleaner." This company wants to assure you that when you buy these pinto beans, they are cleaner than other pinto beans.

Is this genius or are these guys just not trying very hard? I guess it suggests that everyone else's pinto beans are dirty...and I guess they would have a hard time trying to convince people that their pinto beans really taste much different than any other pinto beans....hmmm. How about this one guys.

El Frijol: no lo mata.

I Love* L.A.

2008-09-18T11:29:00.000-07:00

So I just got back from a three day trip to Los Angeles. I stayed downtown, but I was there on bidness so I didn't get to go out and explore much. I was actually born in LA (Hollywood to be exact), but my family moved when I was 7 to a small town up north so I don't really remember it all that much. I do remember not enjoying visits with my family who continued to live down there though. But they lived in the valley, which is just awful. I went to Santa Monica earlier this summer and had a wonderful time though. So here are my thoughts.

Hey, LA isn't so bad!
Downtown has actually been cleaned up pretty nice. Good restaurants. Scary after dark though. Weather was nice. Cute girls, plenty of eye candy. One morning, while I was in a print shop making copies, they were shooting an episode of "CSI" out front. That was kind of fun. Some of the kitchy architecture from the 50s and 60s has now come full circle and is kind of cool.

LA is as bad as I remember!
While it was hot, it didn't seem sunny because of the smog. Getting anywhere during the day takes forever because of traffic. As they say, you pretty much have to allow an hour to get anywhere in L.A.

*"Love" as used herein refers to mixed feelings concerning smog inhalation, hour long cab rides to go 10 miles, and having to dodge production assistants on your way out of a copy shop as you run to a deposition.

Vote "No" on Prop 8

2008-09-12T12:51:00.000-07:00

In November, Californians will be voting on proposition 8, which would amend the state constitution so that "only marriage between a man and a woman is valid or recognized in California." This of course is an attempt to undo the California Supreme Court's decision over the summer that struck down the ban on same sex marriage.

One of the arguments used by the opponents of same sex marriage, is that the issue should be decided by the electorate, not the courts. If you agree with that argument, this would mean the electorate of California.

But guess who is funding the proposition 8 campaign? That's right! Mostly people from out-of-state!

So Californians, when you go out there to vote for Obama, don't forget to vote "No" on 8. Tell these people from New Hampshire, that they should keep their money and spend it on...um...whatever people do in New Hampshire besides hate gays.

On a different note

2008-09-02T14:58:00.001-07:00

This is totally fair game.

McCain's voice mail to Palin.

I am Sarah Palin*

2008-09-02T11:48:00.000-07:00

As I think I've said on here before, I don't really like politics. Like sausage, it's from watching the stomach turning process that I have turned into the equivalent of a political vegan.

So, for god's sake, will someone please call the hounds off of Bristol Palin. She is not running for office, and surely there are more relevant discussions to be had about whether her mother will be a good vice-president than her fertility. This could be anyone's family, and there is no reason to politicize this.

If anything, she was nominated because she is a mom, with mom values that a lot of people can identify with. If we start attacking her for having a "real world" mom problem that, so far, she is dealing with gracefully, this will only blow up in our faces, because we will then be insulting all those people who identify with her.

I mean, hell I identify with her. I'm from a small town where there wasn't much to do. I know that kids can get pregnant early, regardless of political affiliation, believe it or not.

My ability to empathize with her, however, has no bearing on whether I think she is qualified to be the next Vice President of the United States.

Refreshingly, I think the only person who has had the right attitude about this is Barack Obama. As reported by Fox News, of all places....

“I have heard some of the news on this and so let me be a clear as possible: I have said before and I will repeat again, I think people’s families are off limits, and people’s children are especially off limits. This shouldn’t be part of our politics,” the Democrat said forcefully. “It has no relevance to Governor Palin’s performance as governor, or her potential performance as a VP. And so I would strongly urge people to back off these kinds of stories,” he continued.

So even though this might provide some anecdotal evidence as to whether an abstinence only based fight against teenage pregnancy is completely ineffective, you know what? Get some statistics or something.

* No I'm not.

Una bella regazza a San Francisco

2008-08-28T13:04:00.000-07:00

Carmen Consoli, an italian singer/songwriter, who is VERY well known in Italy, is coming to SF! My italian ~~doesn't exist~~ isn't very good, but her music is beautiful. I "discovered" her through my ex italian girlfriend (still have scars from hot lasagna being thrown at me) who made me several mixes of Italian music. Carmen Consoli's song "l'ultimo bacio" (which was also featured in an Italian film of the same name that was quite good) was on one of them, and I thought it was so pretty, I went out and bought the whole album, "Stato di necessità" which is pretty awesome.

She's playing at Bimbos on September 24, 2008. I might have to go check her and her long hair out!

Another Reason To Hate Patchouli and the People Who Like Patchouli

2008-08-25T16:03:00.000-07:00

Burning incense linked to respiratory cancers

Mon Aug 25, 2008 3:18pm EDT

NEW YORK (Reuters Health) - Burning incense may create a sweet scent, but regularly inhaling the smoke could put people at risk of cancers of the respiratory tract, researchers reported Monday.

Full Article Here.

Ok, I actually like incense. I loved the stuff they burn in the Buddhist temples when I was in Thailand and brought a whole bunch back with me (still not sure what it is...can't read Thai). I don't burn it all the time. Maybe once a week or so. That should be ok...right?

John McCain Is Just Like You! Unsure How Much Property He Owns!

2008-08-21T10:47:00.000-07:00

This is incredibly hypocritical. After accusing Obama of being out of touch with average Americans, McCain can't remember how many houses he owns. With every article about how Americans are unable to pay their mortgages and keep their homes, I think this is especially telling. But it gets better! McCain then directs the interviewer to contact "his staff" about how many homes he owns.

I am not a big fan of politics, and as we get closer to the actual presidential election, my aversion grows ever stronger. The constant empty rhetoric, tit-for-tat ad hominem attacks, and pandering just leave a bitter taste in my mouth. They are onerous in and of themselves, but the fact that all of that crap actually affects the daily polling results, gives my gag reflex (insert democratic caucus joke) an even larger jolt.

This one is just too much though. I have been growing increasingly irritated with the way McCain's campaign has been trying to paint Obama as an "elitist." Let's back up here, for a second ok?

As much as we all like to pretend it doesn't matter, Barrack Obama is African American. After all the discussion about how he's not "black enough" or how the democrats really shot themselves in the foot by nominating an African American, the fact remains that he is a member of a race that has been systematically discriminated against. Now, you can say all you want about Harvard Law and such, but as many of you know, that simply doesn't matter to some people. So for an old white man who married rich, to call Obama an elitist....the audacity just astounds me.

But the fact of it is, America, is that ALL our politicians are out of touch. Most, if not all, of our elected officials come from a lot of money, or now have a lot of money. Bush was born with a silver spoon in his mouth, and so were the Kennedys. I don't mind the fact that they are from a gilded class, but I do get irritated when they pretend they aren't.

Paying Tuition With Your Credit Card?!?!?

2008-08-13T12:21:00.000-07:00

I cannot believe that 1) I am posting twice in one day when I have an appellate brief going out today and 2) I received this email from Chase.

On a list of bad ideas, this is pretty far up there. I guess this must be in response to the huge jump in financial aid requests, but putting your college tuition on a credit card? Maybe it's because I finally just watched Sicko, which touches upon the crippling costs of education here in the U.S., but I could not believe this. Why are they giving students so much credit that they can afford to put their tuition on their card? What happened to the credit crisis?

I can see putting it on your card if you can immediately pay it off (just to earn points or something), but this seems to be aimed as students who, most likely, don't have that kind of cash. This just has potential to get some people into a really really bad situation on graduation.

Russian Georgian Conflict Escalates

2008-08-13T09:08:00.000-07:00

The AP is now reporting that, with Russian backing, the South Ossetian separatists are now looting homes and setting them ablaze in the Georgian city of Gori.

This has gone from a bad situation to a fuckig cray cray situation. One could say (arguably) that Georgia "started" this by sending in troops to South Ossetia and Abkhazia (although Russia has been provoking of late), but Russia and their separtist friends are now no longer in the disputed areas, but in Georgia itself.

What the hell are they thinking?

Georgia has been a strong US ally and supporter of the war in Iraq (coalition of the willing), which is more than I can say for myself. I mean, they even named a street after George W. Bush. (Here in SF, there is a local proposal to name a waste water treatment plant after him). If the US does not back them, it will send the message to the very few friends we have left that we are all talk.

For supporters of the war in Iraq, THIS is why avoidable wars should be avoided. When military action becomes necessary (or even, as here, the threat of military action), we can no longer respond effectively. You can bet that Russia knows our military resources are already stretched thin so that they can push our tolerance envelope a bit more without fear of reprisal.

Speaking of avoidable wars. Come on Russia. Stop it.

Bin Laden's Driver Convicted, Faces Sentencing

2008-08-07T10:00:00.000-07:00

Update: He got 5 and 1/2 years

GUANTANAMO BAY U.S. NAVAL BASE, Cuba (Reuters) - A jury of U.S. military officers sentenced Osama bin Laden's driver to 5 1/2 years in prison on Thursday for providing material support for terrorism, concluding the first U.S. war crimes tribunal since World War Two.
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Salim Hamdan, whose detention at Guantanamo Bay since 2002 prompted the Supreme Court Decision concluding that the original tribunals set up by Bush did not conform with the Geneva Conventions, was convicted of providing material support for terrorism, but was acquitted of conspiracy (interestingly, the government only added the supporting terrorism charge after the Supreme Court case, because it was not previously a codified crime!).

While this is being heralded as a "success" for the military commission, some serious questions remain, including whether any of the crimes actually have any foundation in the law of war, or whether conviction under these novel theories of criminal law might violate the ex post facto clause.

For me, I think the fact that this is the first and strongest case for the government is extremely telling. Are you telling me that of all of the detainees from Guantanamo, who the government has been trying to keep locked up indefinitely without recourse to counsel or the courts because they are "high value," the best we can do is the fucking chauffeur? Not even the government claims that he had any real involvement in the September 11 attacks. It seems Hamdan was mostly motivated by having a job, rather than any strong ideological camaraderie (a notion I can actually empathize with).

If anything, the fact that the first successful conviction 1) of someone who is about as connected with September 11 as the guy who runs the laundromat where the hijackers took their dry cleaning (hey how about the guys who taught the fuckers how to fly?), 2) by a "court" hastily set up with very little regard for the detainees' rights, 3) based on violations of law that did not exist at the time, and 4) almost 7 years later shows how completely backward the Bush administration's (and Congress') "war on terror" has been.

Karadzic's alter ego's website

2008-07-23T11:06:00.000-07:00

UPDATE: Turns out that website was a crock and only set up yesterday, thanks "James!" I guess it was way to convenient that it was also in English.
-------------------------------------------------------------

So remember how Karadzic had actually been living in Belgrade this whole time working at an alternative medicine clinic? Turns out he had his own website. How spooky are his "ten favorite Chinese proverbs?"

10 favorite ancient Chinese proverbs as selected personally by Dr. Dabic:

- Behind every able man, there are always other able men.

- Teacher opens the door, but you must enter by yourself.

- A wise man makes his own decisions, an ignorant man follows the public opinion.

- He who cannot agree with his enemies is controlled by them.

- If your strength is small, don't carry heavy burdens. If your words are worthless, don't give advice.

- A flawed diamond is better than a common stone that is perfect.

- Learning is a treasure that will follow its owner everywhere.

- If you are planning for a year, sow rice; if you are planning for a decade, plant trees; if you are planning for a lifetime, teach people.

- You cannot prevent the birds of sorrow from flying over your head, but you can prevent them from building nests in your hair.

- The one who gives up his own, shall dig two graves.

Radovan Karadzic Arrested!

2008-07-22T09:41:00.000-07:00

The biggest news in the international criminal legal world in a while, and maybe of all time with regard to the International Criminal Tribunal for the Former Yugoslavia. Karadzic, ~~allegedly~~ almost indisputably was the mastermind behind the Srebrenica massacre, which involved the systematic murder and rape of Bosnian Muslims in a UN declared "safe area." In recent memory, most of the news coming out of the ICC has been somewhat yawn-inspiring questions of jurisdiction and propriety of prosecutions. It is nice to have a war criminal we can all get angry at and renew our commitment to international justice. Put him on trial!

For a more in depth factual account of what happened at Srebrenica, take a look at this judgment from the ICTY, Prosecutor v. Krstic. It will make you ashamed to be a member of the same species as these guys.

This also shows how serious the Serbs are about tracking down war criminals. Say what you will about how long it took to find this guy, but they must have put some effort into it, because how anyone recognized this guy at all is pretty amazing. Look at the difference!Photo from the Associated Press.

He went from "creepy club owner" to Karl Marx/organic food guru in 10 years.

Om My God

2008-07-17T16:25:00.000-07:00

I was not a big fan of high school. It was just ok. I wasn't picked on or anything, but I never really fit into any of the (very few) cliques we had at my small school. My school was so small that our cheerleaders weren't really the stereotypical cheerleaders that one sees at bigger schools, or maybe just in the movies, but a few of them were. And I wasn't a big fan of them either.

I do yoga now (just wait, this will make sense in a minute). Well, I should say that I attend yoga classes and attempt to do what the instructor and most everyone around me is doing with varying degrees of ~~success/failure~~ failure/success. One of the classes I go to is taught by a great instructor who is energetic and fun and talks about chakras and stuff, and I swear I am healthier for it.

So you can imagine my confusion when after our last class she handed out fliers for "shamanic cheerleader camp" that asked me if I was "Ready? Omkay!" At first I found it hilarious. Now I find it genuinely entertaining. Considering that I can barely make it through a normal class, I don't think I'll be attending, but you have to check this out. These girls look great at what they do. I love this city.

from www.shamaniccheerleaders.com

What comes around

2008-07-10T14:58:00.000-07:00

So, I have a confession to make. For a few months I was a commenter on a right wing blog. I know, I know, but hear me out. Here in SF I am surrounded by people who more or less agree with my more or less liberal viewpoint. I don't really do any good by *ahem* preaching to the choir.

So instead, I went on a proselytizing mission.

And let me tell you, the natives were having none of it.

Actually many were very nice and were willing to find at least some common ground. But others weren't. I was called a "liar" and an "idiot" and was eventually kicked off for being a general thorn in their sides. But I learned some interesting things while there, and I think we have to be careful that we don't do the same thing.

One is "post hoc ergo propter hoc," which I posted on there in latin just to get their panties in a wad. All this latin phrase means is that just because two things happen in sequence does not mean that the first thing caused the second thing. I guess it's sort of a first cousin of "correlation does not mean causation." I learned this because there were many (MANY) posts about how talking with "America's enemies" was a horrible idea, and for support, many of them used the example of WWII and how it would have been futile (or was futile if you were Stalin) to negotiate with Hitler (I also think they just like to bring up the Nazis for inflammatory effect). Now despite some very good WWII historians (and theorists) on the site, they didn't get that the fact that the lack or failure of negotiations in stopping WWII did not automatically mean equal "all negotiations with our enemies are fruitless."

Another good one I saw was result oriented thinking. In many of their posts talking about the shortcomings of Barrack Obama (who they repeatedly said was supported by Hamas) they listed "lack of knowledge/inexperience of foreign policy." When I asked them why this was now suddenly important to them now, when it didn't seem to matter with Bush in 2000 and 2004....well...I actually can't remember what they said, but something to the extent of well, NOW it's important and that W had really learned a lot. While I will say that W has learned some things on the job, he is still not the guy I want representing this country on the global front. He just called Berlusconi his "amigo," for pete's sake. How in the world can you now say that foreign policy experience is important when you voted for this frickin' guy? It's only important now because now it's the alleged shortcoming of the democratic candidate.

Come on guys. Think about it.

Woman Tries Her Hand(Gun) at Exterminating

2008-07-08T16:01:00.000-07:00

In Today's News

Woman Pulls .44 Magnum On Mice, Shoots Herself
POTTER VALLEY (AP) ― A Mendocino County woman who was trying to kill mice in her trailer with a gun ended up shooting herself and another person. Full article here.

Instead of providing my own commentary, I will just juxtapose this article with a quote from Scalia's majority opinion in District of Columbia v. Heller, the Second Amendment case handed down a few weeks ago. The emphasis added is, of course, my own:

It is no answer to say, as petitioners do, that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed. It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon. There are many reasons that a citizen may prefer a handgun for home defense: It is easier to store in a location that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper-body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police. Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.

Misleading Headline

2008-07-07T09:54:00.000-07:00

I did a double take when I saw the title of this story. I thought it was going to be about a hate crime or something equally atrocious.

Injured Gay is on 'active rest'

Email|Print|Single Page| Text size – + By Shira Springer Globe Staff / July 7, 2008

EUGENE, Ore. - Tyson Gay was diagnosed with a mild strain in part of his left hamstring after undergoing an MRI late Saturday afternoon. Gay suffered the injury during the men's 200 quarterfinal at the US Olympic track and field trials, falling to the track 40 meters into the race. According to a statement released by his manager, Mark Wetmore, Gay is "expected to engage in 'active rest' for up to 12-14 days, with light physical activity increasing through that period."

Urban fossil

2008-07-03T10:33:00.000-07:00

During my bike ride yesterday, I stopped at Chino's taqueria, which was an oasis of carnitas goodness in an otherwise unfamiliar (and at around 4 pm on a Wednesday a kind of scary) Outer Richmond area. As I sat down to ingest the calories (or maybe 2x the calories) I had just managed to burn off during my ride in the form of a super burrito, I looked up and saw this.

Now, while it is comforting to know that I can still get a good hot carl any time I want to, I realized that it had been a long time since I had actually noticed a pay phone. I'm sure I've walked by a few lately, but I'd never actually been near one in recent memory. Kind of weird really. I mean this is how I used to call my parents in middle school to tell them that I was hanging out with my friends in the Carl Jr.'s parking lot and that I wouldn't be home for dinner. Now all I can think of is that I should really carry Purell instant hand sanitizer everywhere I go.

D.C. Court of Appeals Invalidates "Enemy Combatant" Designation of Gitmo detainee

2008-06-23T14:01:00.000-07:00

In an (as of yet unpublished due to confidential information) order, the D.C. Circuit invalidated the decision of a Combatant Status Review Tribunal finding that a detainee, one Huzaifa Parhat , is an "enemy combatant," and "directed the government to release or to transfer Parhat, or to expeditiously hold a new Tribunal consistent with the court's opinion."

Now, this is not a direct result of the Supreme Court's decision in Boumediene. Rather, this was a result of the very limited review of CSRT final judgments that was already in the Military Commissions Act. The order does specifically mention Boumediene though and states that the Friday's order does nothing to prevent Parhat from filing a petition for habeas corpus.

Interestingly, Parhat is a Muslim Uighur from Xinjiang in far western China; a group who seeks greater autonomy from China. If it was hard to trace any link between September 11 and Iraq, I don't expect to find one here. Doesn't sound like the court was very convinced either.

Before you get too excited, the same Court also denied another detainee's challenge of a procedural decision due to lack of jurisdiction under the Military Commissions Act.
You might remember this guy, Omar Khadr, because of an earlier military commission decision dismissing the charges against him because he was found to be an "enemy combatant," and not an "unlawful enemy combatant." A decision that has since been reversed. There are also some other ongoing challenges because Khadr was 15 when the alleged crimes were committed. It has become a very very complex case.

R.I.P. George

2008-06-23T10:35:00.000-07:00

My parents actually let me watch George Carlin when I was a kid. It was my first exposure to someone who was smart, funny, and frighteningly observant. He will be missed.

Marriage Is So Gay

2008-06-17T09:39:00.000-07:00

I haven't really commented much on this, mostly because I was out of town when the California Supreme Court decision was handed down, but I have to say something, and that something is this: Awesome.

I remember the day when I became a 100% supporter of same sex marriage (rather than just my previous 80%). I was riding the J-Church from Noe Valley to civic center in 2004, right after Mayor Gavin Newsom had just authorized the city clerk to issue marriage licenses to same sex couples. Sitting in the seats in front of me were two men dressed in tuxes on their way to city hall. They were fiddling with the rings they had purchased for each other, and checking their pockets to make sure they didn't forget anything. They were obviously very nervous.

And very very much in love.

It was painfully obvious to me at that point what a travesty it was for the state to recognize some, but not all of the marriages of those who are lucky enough to find their match.

And for all of the protesters and county officials who don't want to officiate the weddings, I hope you know that in 20 years, you will be seen as the Oral Faubus of this chapter in equal protection.

The fact that this will provide a nice economic boost isn't so bad either. I am incredibly jealous of this guy, who converted (is converting) an old Victorian in the Castro into a wedding chapel. Brilliant. That is the american entreprenuial spirit at work my friends.

Here's another (topical) MUNI ad.

Unfortunately, the fight isn't over. This November, there will be a ballot measure to amend the California Constitution to restrict marriages to hetero sexual couples. It is the opponents' last stand.

Do not be fooled by their calls that the California Supreme Court decision is "judicial activism." The truth is that the state legislature twice tried to pass laws recognizing same sex marriage, but they were vetoed both times by the Governator. He said, (the republican governor) that it should be left to the courts. Well, the courts have had their say.

Now all same sex marriage opponents have to hope for is to play off on is the electorate's irrational fear. Don't let them scare you. Help oppose the initiative here.

From a legal standpoint, even if this amendment passes, I'm still not sure it would be constitutional. From a practical standpoint, I don't think the court's would strike down a constitutional amendment (by the people) based on the equal protection clause, but from a purely legal (and therefore useless) standpoint, couldn't a later amendment be "unconstitutional," if it runs afoul of an earlier and more fundamental right? And if it passed only to the detriment of same sex couples, might that run afoul of the US constitution, as in Romer v. Evans? Just thoughts.

San Jose Earthquakes v. David Beckham

2008-06-16T09:34:00.000-07:00

I went over to Oakland and watched the LA Galaxy (Beckham's teammates apparently) play the San Jose Earthquakes on Saturday night. This was the first professional "soccer" game I've ever been too, and I have to say, I'm a fan. I think geography dictates that I have to be a fan of the San Jose Earthquakes, but I don't know. I don't really want to buy a jersey that says San Jose on it. No offense. I've just never really spent much time there.

The result was a 3-0 result for the Galaxy, although it was a well-played match all the way through. San Jose had some good looks, but just couldn't get a last good touch/shot. The LA Galaxy fans are kind of obnoxious, but I have to say, not too far off from their English counterparts; making noise the ENTIRE 90 minutes. Although I must point out, every Galazy (I know I misspelled it. But I think I'll leave it) fan was wearing a "Beckham" jersey. I doubt they know the rest of the team or were fans before his arrival.

But I guess that was the point of signing him and his fine fine tuckus.

Speaking of Galazy, I think I now know why they call playing for the MLS Beckham's "retirement." He really doesn't play all that hard. He hits their set pieces and corners, but he doesn't really run around that much. I got a few pics of the match which I might put up, but here's a shot of what BART looked like afterwards.

By Popular Demand: Voyeurism

2008-06-13T11:27:00.000-07:00

I really hope this doesn't encourage any (more) public nudity/indecent exposure/touching of oneself on MUNI.

Justices Rule Guantanamo Detainees Have Right To Pursue Habeas

2008-06-12T09:18:00.001-07:00

Great news for the great writ.

In a (very very sadly predictable) 5-4 opinion written by Justice Kennedy, the Supreme Court in Boumediene v. Bush, No. 06-1195 held that Guantanamo detainees can pursue habeas petitions in federal district court. This is the same set of cases that the Court originally refused to hear and then later changed their mind.

As far as my 3 30 minute skimming of the opinion has alerted me, the opinion ~~doesn't hold that the constitution applies to Gitmo detainees, but rather than Congress' attempt to suspend the writ ran afoul of the constitution~~ holds that the constitution does apply to the detainees at Gitmo. This opinion won't change any of the on-going military commission trials. Rather, detainees will have the ability to challenge any determinations made in those trials by petition for writ of habeas corpus. As the opinion does conclude that the constitution applies at Guantanamo, detainees are also likely to use other parts of the constitution (ex post facto?) during their trials or in the petition for writ of habeas corpus.

Go civil liberties!!! I'll update (probably likely) as I actually read the thing. But very big news in the ongoing civil liberties v. national security debate.

NYT article
Scotusblog preliminary analysis

Absolut(ely) Awesome Part II: Absolut(ely) Fabulous

2008-06-06T13:22:00.000-07:00

Well, it looks like Absolut is going after bigotry one SoCo drinker at a time. You might remember their last ad depicting the western united states as being part of Mexico, as not having received a warm "bienvenido" amongst ~~the self-appointed GETERDONE minutemen~~ legal immigration advocates.

Now, to commemorate the rainbow flag's 30 year history (as being a symbol of LGBT pride), Absolut is issuing the limited edition "Absolut Rainbow."

Image from Selectism.

I think it's just the bottle and not some crazy combo of all the different flavors (hopefully). The July 1 release date will be a little late for our local pride parade, but I'm sure demand will be nevertheless be high in the bay area.

I gotta tell you, I think I might start specifically asking for absolut just because of their ad campaigns.

New Muni Ad Comforts Gentiles, Film Students

2008-06-03T10:09:00.000-07:00

I have no idea what service or product they are advertising, but the ads definitely catch the attention.