Una bella regazza a San Francisco

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

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!

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?!?!?

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

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

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

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.
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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!

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

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

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

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

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

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

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

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Marriage Is So Gay

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

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

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

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

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.