Saturday, December 24, 2005
The Spirit of the Season
God bless us, every one.
Tuesday, December 20, 2005
Good Night, Sweet Prince
The AL MVP initially said he would be playing in the inaugural World Baseball Classic this coming March. Then, according to news reports, A-Rod was agonizing over whether to play for the United States team or for the team from the Dominican Republic, where his parents were born. "When faced with the decision to choose between my country, the United States of America, and my Dominican heritage, I decided I will not dishonor either," Rodriguez was quoted as saying in the New York Post.
What?? By playing for Team USA, A-Rod, who was born in New York City and grew up in the Miami area, will "dishonor" his heritage?? This no doubt comes as news to thousands of descendants of immigrants who have been members of U.S. Olympic teams, including those whose ancestors were not even given the choice of coming here. He's a U.S. citizen, for God's sake. This is a tough call?
As the linked article suggests, once the MLB and union officials talk to A-Rod, he probably will change his mind again. Maybe he should play for Denmark's team.
Thursday, December 15, 2005
When It's All About You
In fact, a number of former employees wanted to come to court and help. But Wal-Mart wouldn't give them the day off.
Monday, December 12, 2005
On Tookie
Williams does not argue for clemency based on his claimed innocence of the crimes for which he was convicted, and his failure to acknowledge guilt is, as Governor Schwarzenegger's statement makes clear, perhaps the primary reason his petition was denied. Instead, Williams and his supporters argue that he has reformed and is a different person than the one who co-founded a violent criminal organization responsible for countless crimes and, despite his claims, almost certainly murdered four people. In short, they argue, Williams has demonstrated the type of "redemption" that should lead the Governor to spare his life.
I oppose capital punishment in all circumstances, and if I had the power to do so I would abolish the death penalty. The process in which the death penalty is determined, appealed, and implemented demeans everyone involved, as this sorry spectacle shows all too well. With that said, I am completely baffled as to why such an uproar is being made over the likes of Tookie Williams.
They say he writes children's books, but as any recent visitor to a bookstore could tell you, that hardly puts him in select company. He's been nominated for the Nobel Peace Prize, which, it turns out, is only slightly harder than getting nominated to lead your local Block Watch. But he's been redeemed, they plead. I hope he has, although in a world in which the death penalty exists I am not sure why that matters. Personal redemption is, to say the least, a rather difficult thing for a governor to measure, unlike, say, four dead bodies or lots and lots of votes.
As I said, I do not want Williams to be executed tonight. But I also do not want a justice system in which 25 years of trials, appeals, habeas corpus appeals, and then more habeas corpus appeals are trumped by something so unmeasurable as the perceived state of a man's heart. The answer, of course, is not to be in the position where this is the choice we have to make.
Sunday, December 11, 2005
Fund this Guy
According to this article in the New York Times Sunday Magazine, Marti, an MIT grad who now works for Samsung, has created a method in which members of a group can prevent someone else in the group from answering his or her cell phone. The article calls it "consensual interruption."
It is a bit cumbersome and not quite ready for widespread use -- those in the group (people attending a meeting, for example) wear badges, which are in wireless contact with the cell phone, and, when a call comes in, a ring everyone also is wearing vibrates, and if anyone touches their ring the call is diverted to voice-mail. I don't understand it either, but just the idea that smart people are trying to deal with this issue is the best news I have heard in a long time. The biggest downside I see is that I frequently am in close contact with far more people wielding cell phones than I have fingers. So I am guessing that, in order to be successful, Marti may have to convince everyone to start wearing ear, nose, and belly rings too.
Whatever it takes.
Thursday, December 08, 2005
Those That Can't...
Well, our representatives in Congress were not about to allow the only group in America with more job security than they have to push around our armed forces. So, by passing the Solomon Amendment, Congress gave universities a choice: let the military into the law school recruiting offices or forego millions of dollars in federal aid. Stick that in your Starbucks and stir it, Professor.
Principles are nice, but millions of dollars are better, and having both is best of all, so the professors sued, claiming that the Solomon Amendment violates the First Amendment by forcing the professors and their schools to associate with the military and appear to endorse their discriminatory message. As this article makes clear, the Supreme Court was not impressed. And rightly so.
Here's a wacky idea for the law professors: Why don't you try to teach (yes, I know you already have two classes this semester) your law students that they should not be persuaded by the military's sales pitch and should reject it as a potential employer because of its discriminatory policies. Wave a sign. Give a seminar. Talk too loudly at the Starbucks. It's called Free Speech. And of all the people in the world, law professors should know that the response to a message you don't like is not to banish the speaker. It is more speech.
Class dismissed.
Deficit Reduction in Our Time
So let's do the math: Cut spending by $50 billion. Then cut revenue by $95 billion. That gives us a net savings of ... (scribble, scribble) ... minus $45 billion!!
Warning: These are trained professionals. Please do not try this at home.
Sunday, December 04, 2005
Cardinal Sins
Still, a proposal (described here) being discussed by some Pennsylvania lawmakers to change the existing statute of limitations to allow civil suits by victims regardless of when the abuse occurred, is a bad idea. Statutes of limitations serve a number of purposes, including the important function of ensuring that claims are brought within a time that will reasonably allow a defendant to produce evidence to contest claims. As years pass, witnesses die, memories can fade and become unreliable, and documents can be lost. The despicable nature of the acts at issue, the desire to compensate victimes, as well as the anger and frustration felt over the inability to criminally prosecute most of the abusers (unlike statutes of limitations applicable to civil claims, those governing crimes cannot be changed in order to charge someone retroactively), are not good enough reasons to amend a law that has generally served valid purposes. If the Pennsylvania General Assembly wants to prospectively change the statute of limitations in abuse cases, then that proposal should be debated on its merits. But a retroactive change intended to "get" the Archdiocese of Philadelphia and others is not the way to go. The abusers don't deserve respect and consideration, but our civil justice system does.