Casualty of Capitalism

I'm Moving

2005-08-20T08:40:00.000-05:00

This is the last post for this site. The end of an era...

As I mentioned last weekend, I am moving to a new web address. I started this blog last August after losing my job in Chicago. The title of the blog made sense back then, as I spent time in the unemployment line. I have put that time well behind me, and am now gainfully employed as an attorney in Delaware. As a consequence, I have decided to start anew at a new, more appropriately named website: Attorney in the Del. Please visit, I hope to see you there!

Bad Sign

2005-08-18T06:43:00.000-05:00

Only a week back at work and I already feel like I need another vacation.

St. Jean Beach. St. Barth's. August 1, 2005.

Pity Those NYU Law Students

2005-08-17T17:35:00.000-05:00

In the Washington Post today, I came across an utterly awful argument against the nomination of John Roberts to the Supreme Court. Since the author is listed as the faculty member of a law school, I did not find the conclusion that John Roberts is evil surprising. I did find myself baffled, however, that the writer of such an awful piece is Deborah Ellis, the assistant dean of New York University Law School.

The premise of the piece is that John Roberts is a state's rights advocate who correspondingly wants to take away women's rights by failing to extend the protection of federal law to certain areas involving women's issues. Fair enough. But, wow, her column is nonsensical!

Let's read the piece together, shall we?

Questions For John Roberts

By Deborah Ellis

The furor over the recent NARAL Pro-Choice America ad about John Roberts and abortion clinics is unfortunate in that it obscures an important issue that raises serious questions: John Roberts's role as deputy solicitor general in the court case Bray v. Alexandria Women's Health Clinic.

Excuse me if this sentence did not foreshadow a coming "fake but accurate" argument. Both sides of the aisle panned the NARAL ad as misleading, if not defamatory. The TV ad portrayed Roberts as a supporter of abortion clinic bombers because of a brief he submitted in the above-referenced case. Conveniently absent from such characterization was context and purpose. Roberts submitted the amicus brief, in his role as Justice Department advocate on behalf of the U.S. Government under George H.W. Bush's presidency, to support an interpretation of federal law backed by the administration he was working for. In other words, he was doing his job, not filing a brief necessarily outlining his own personal beliefs. But no matter, the furor over the ad "obscures an important issue." [Fake But Accurate bells are ringing!] That issue is:

In that case, Roberts argued on the side of Operation Rescue for a narrow interpretation of one of our nation's civil rights laws.

Good grief. Where is the issue? Being shocked that a conservative administration was pushing for a narrow interpretation of a law is akin to bewilderment that the sun rises from the east and settles in the west every single day!

So now we have our issue. And Ms. Ellis's argument picks up downhill speed from here.

The case was not about clinic bombings, lawful protest outside abortion clinics or even abortion rights. As Justice John Paul Stevens said in his 1993 dissenting opinion, the case was "about the exercise of Federal power to control an interstate conspiracy to commit illegal acts."

OK, so we now have the set up that perhaps the NARAL ad just took the wrong angle. Roberts wasn't sleeping with the abortion bombers as the NARAL ad suggested. [Insert mock sigh of relief here.] But there is a "serious question" to be answered, she said, so Roberts must be guilty of something nearly as heinous. Rather than being shocked or outraged, you might start crying tears of laughter after the next paragraph when you find out his tragic sin.

Why were these cases necessary? For a decade leading up to 1993, Operation Rescue and other national groups organized massive human blockades to forcibly prevent women from entering abortion clinics. This was a strategy designed to overwhelm small police forces so the blockaders could not be arrested. I argued in the Supreme Court on behalf of women's health clinics and female patients in the Bray case.

(As an aside, let me just note that Ms. Ellis has what we would call motive here: sour grapes. She lost to Mr. Roberts's position in this 1993 case. She might have a reason to hold a grudge.)

Here is where it gets good:

We used a Reconstruction-era civil rights law to obtain protection from federal marshals so women could safely enter abortion clinics. The 1871 law was enacted for exactly this purpose: to prevent mobs from conspiring to take away the civil rights of newly freed slaves. (emphasis added)

This is John Roberts's sin. He argued the administration's position that an 1871 law protecting newly freed slaves did not provide protection to free women in 1983 who were seeking to enter an abortion clinic! I am blown away. Who knew?! Where is the outrage?

Before moving on, this is the part where the attempt by liberal talking heads to try to portray as "activist judges" the conservative justices with strict constructionist tendencies gets just a tad absurd. Is a judge who believes that a law passed in 1871 to protect freed slaves does not protect women in 1993 from obtaining an abortion an "activist" or vice versa? You make the call. But if your call is that the one seeking to make Ms. Ellis's argument is not the activist, I wonder what dictionary you're reading.

If by the end of her article you still are not convinced that Ms. Ellis is the activist, then let me know how your last MoveOn.org meeting went. Let's move on ourselves, and let Ms. Ellis try to convince us that Roberts is the local chauvinist pig:

In the summer of 1991, during a particularly large blockade in Wichita, John Roberts went on national television to defend the government's decision under President George H.W. Bush to file a friend-of-the-court brief on the side of Operation Rescue. That brief asked a federal court to stay implementation of an injunction against the blockades that had already been issued.

So far so good, we're back to the facts.

In contrast to Little Rock in 1957, when federal marshals protected African American children trying to integrate schools, Roberts argued that women should be left to whatever protection the states could provide, however inadequate.

This is the part where an event happening solely within the borders of a state (protection of a private business and private citizens) and, at the time, a matter solely within the realm of state law, is suddenly conflated into a federal cause because the advocate cannot get what he or she wants. Nevermind the laws on the books, take the issue to federal court and try to do an end run around the legislature. More on that in a minute.

(Also, we're getting a little closer to par for the liberal course here. We have the anti-choice/women theme, and now the disingenuous allusion to race meant to imply that Roberts might also take away the civil rights of minorities. Only thing missing is the use of the word "Bushitler" or "President Chimpy McChimperson" or some such tangental jab at the president.)

To be fair, in Roberts's Supreme Court argument he pointed out that the Justice Department was defending the proper interpretation of the 1871 law, not Operation Rescue's unlawful conduct. (emphasis added)

Ah ha! The truth comes out finally in the fifth paragraph...b-b-b-b-b-b-ut (there is always a "but" when the weak position is conceded):

But no courtroom caveat can erase the impact of the federal government's lending its weight on the side of the mob intent on stopping women from exercising a constitutional right. It was a devastating blow. (emphasis added)

"Courtroom caveat"? You mean, the law, by chance? And are you saying that although women have a constitutional right to an abortion via Roe v. Wade, that the federal government is tasked with protecting each and every abortion clinic nationwide? I have the right to freedom of speech and assembly, but it is up to Officer Friendly of the state or local police to ensure that I get the proper protection to do so when that right is threatened, not G.I. Joe.

Newsflash: Little Rock 1957 was an extraordinary use of federal troops, not the norm.

We will never know how much the Justice Department's position influenced the court's decision in the Bray case, which was lost on a close vote. One justice in the majority, Anthony Kennedy, was so concerned about women receiving the protection of federal law enforcement that he wrote a separate opinion suggesting alternative methods. Congress remedied this setback by passing the Freedom of Access to Clinic Entrances Act in 1994. (emphasis added)

Here again lies the betrayal of the liberal agenda: rights shall be created by the courts, not by the legislature. Ms. Ellis seems genuinely disappointed that this issue was removed from her activist hands by Congress. In fact, this very paragraph shows that the system works. Women seeking to exercise their rights were denied the ability to do so. The executive branch did not believe it had an obligation to act, and it did not. The issue was litigated, but the final outcome based on the reasoned interpretation of a federal statute did not favor the plaintiffs. The law provided no protection.

That's when public opinion and elected officials put the issue to rest by, gasp!, passing a law to solve problem. There it is. Our democracy and system of checks and balances at work and working in a nutshell. God bless America!

But instead of hanging her flag and waiving a sparkler or two, Ms. Ellis is instead holding this against Roberts!

As with other controversial positions he took as a government lawyer, Roberts should be questioned about whether his particular arguments in Bray represent his own beliefs. More fundamentally, however, he should be asked what role he believes the federal government has in protecting civil rights and women's rights, particularly in the face of state recalcitrance or inadequate resources.

First of all, how is it "controversial" for Roberts to take a position on a law that the Supreme Court agreed with him on in a 6-3 vote? If anyone's position was controversial (using an unrelated law from 1871) it was Ms. Ellis's. She lost, after all.

Second, we have again the old reliable racial and sexist bogeyman red herring. And think about it: If it is fair to hold the arguments Roberts made in a brief advocating the government's position against him, I wonder, will we ever see ascend to the Bench that champion of the rights of poor minorities and women, the public defender, if this argument holds? I mean, what if he defended a child molester or a serial killer or a terrorist or a rapist? Should we hold it against him if he/she submitted briefs on behalf of such miscreants, or shockingly, did his job and defended these monsters in court?

Of course not. If that was the case we wouldn't have a certain Justice Ruth Bader Ginsburg on the court, she the former head of the ACLU. The ACLU defends the rights of the convicted and unpopular on a daily basis. I would love to see the library of briefs she submitted or approved!

So let us conclude:

It goes too far to label Roberts as a fellow-traveler with Operation Rescue.

Distance ourselves from the NARAL ad...B-b-b-b-b-b-but (of course, state the fact then make a similarly distasteful allusion):

But if he subscribes to such a crabbed view of federal civil rights authority that he would jeopardize the rights -- and even the safety -- of half the population, that distinction may not matter.

There you have it. John Roberts should not be confirmed because he does not think an 1871 law enacted to protect newly freed slaves applies to women seeking abortions in 1993. This makes him 1) a sexist, 2) somehow (always somehow) a racist, and 3) a physical danger to the safety of women.

Are you now, courtesy of the assistant dean of NYU law school, convinced that the John Roberts portends the end of women's rights AS WE KNOW THEM? If not, there is probably a rather large club you could join.

Public Service Announcement

2005-08-17T06:53:00.000-05:00

Not much going on these days besides work. So today, in your best interests, I have decided to make a public service announcement. I like to do what I can to prevent unnecessary injury to the public, so please take the below photo to heart. Nothing worse than getting plunked by a rouge foul ball.

Be Alert For Foul Balls! Wrigley Field, Chicago. September 14, 2003.

Preseason Terps Hype

2005-08-17T06:27:00.000-05:00

Maryland opens on Saturday, September 3 against Navy in Baltimore. That date is coming up fast. It's time for some Terps hype.

Terrapins Are Working To Get Off The Ground

Darrius Heyward-Bey has given Maryland's quarterbacks extra incentive to perfect their timing; otherwise "he'll outrun our arms," Joel Statham said.

Unfortunately, judging by last season's QB performance, that's almost a given.

Season-ending injuries force Terps' Friedgen to adjust

"This hasn't been one of my better weeks," said Friedgen, who said he was back in the office at 5 a.m. Tuesday to tinker with the lineup.

Terps pick tackle; injuries mount

Meanwhile, linebacker Erin Henderson was lost for the season with a torn ACL in his knee while running back Mario Merrills' status for the opener against Navy on Sept.?3 is uncertain after he sprained his ankle. The rash of injuries over the past week now also includes fullback Ricardo Dickerson (sprained ankle).

On the bright side, what team doesn't lose somebody for the season early? Nothing new here. All indications are that the Fridge is satisfied with the adjustments he has made.

"If we could get somebody back it would be real good," Friedgen said. "We're not where we want to be [in team preparation], but we're not far from it."

Terps practice report.

Newsflash - QB Joe Statham completed a pass:

QB Joel Statham connected with WR Danny Melendez on a deep ball down the left side in team drills, with Melendez shielding freshman CB Anthony Wiseman with his body to haul in the pass.

I say, Save it for the regular season, Joe!

MORE: Purdue football hype (equal opportunity for my lovely wife) -

Trouble in Paradise

WEST LAFAYETTE, Ind. -- Purdue strong safety Bernard Pollard has developed a reputation as one of the Big Ten's hardest hitters and biggest trash-talkers.
Coach Joe Tiller has banned him from practice for the next three days because Tiller thought the latter got out of control during Monday evening's practice.

"When they blow the whistle, you get lined up and get back in the huddle," Tiller said. "He won't let (the trash-talking) go and that was carrying it too far."

Several members of the Purdue coaching staff urged Pollard -- who couldn't be reached for comment -- to settle down during a scrimmage, telling him such actions during a game would earn a 15-yard unsportsmanlike conduct penalty.

An incensed Tiller later told him to leave the field. Some of Pollard's teammates pleaded with him to settle down, but he kept looking over his shoulder as he left and exchanged words with Tiller, who followed him off the field.

Beat Down By Summer

2005-08-16T07:00:00.000-05:00

It has been entirely too hot and dry this summer. I am probably not the only one looking forward to fall, not just for the start of football season, but for some much needed relief. My lawn is looking more like this picture than one would expect. I actually kicked up some dust when I mowed what was left of it last night.

And now that I am not in Chicago, I can honestly say I welcome the winter.

Cactus. Tucson, AZ. March 2002.

Raspberry: Discard Your Vote, Obey Your Masters

2005-08-15T18:57:00.000-05:00

I haven't written anything about politics lately because of time constraints and a lack of anything substantive to say. Not much of importance has happened lately to merit comment, anyway. In fact, politics for the last couple of months has so lacked substance, that I came to the realization that what goes for political "news" these days is little different than reality show-style political soap opera. Boring.

I did read a column today, however, that blew my mind. William Raspberry writes weekly in the Washington Post. In general, I read his column and am able to give it worthy consideration, even if his politics differ from mine. He is not afraid to buck the common wisdom on his side of the political spectrum on occasion and suggest some not so popular reforms (for his bretheren).

Today, however, he went unhinged. He traded in composure and reason for rant, and exposed his deepest held beliefs. Those beliefs, it appears, betray a belief that the Supreme Court should be a court that solves the people's problems rather than one that interprets the laws; in other words, a superlegislature.

Raspberry's first several paragraphs are mere filler that set up his final points, contained in the columns last two paragraphs. These paragraphs read:

The point: Nothing in that glide path suggests exposure to anything that might temper his conservative philosophy with real-life exposure to the problems and concerns of ordinary men and women. Roberts is undeniably bright, said my friend, but his life has been one of quite extraordinary privilege.

And then it occurred to me: Roberts's life has been amazingly like that of the man who wants to put him on the court -- but with better grades.

First, (I firmly believe this and have remarked on it several times on this blog...why don't writers listen to me?) Raspberry loses all credibility in the single instant that he takes a cheapshot at the president through the column's last four words. {Teacher's voice} Again class, personal attack = immediately loss of credibility. And this personal attack that has nothing to do with the rest of the column! In four words of conclusion, Raspberry decimated any authority he had to make a persuasive argument...for what? The article is about John Roberts, not the president! A foolish error.

Second, what does the exposure to real-life problems have to do with interpretation of the law? The Supreme Court isn't an equity court where the judges are free to decide cases based on what they perceive to be fair, rather than black letter law. The Supreme Court's role is to interpret the Constitution, U.S. Code and other federal rules and regulations appearing on the books. There is no federal common law. Therefore, the only reason why "exposure to real-life problems" would matter, would be if the author wants the court to solve people's problems without regard to what is written in the code or constitution: i.e., legislate from the bench. {Teacher's voice} Class, this is what we call "judicial activism".

Oh, and don't miss how Raspberry automatically assumes (as would most of his reading liberal audience) that privilege is an inherent negative. (Ed. - Hey, what about affirmative action?) Roberts may have breezed through the ranks, but his record shows that it was merit that propelled him, not nepotism or politics. He may have been able to attend private schools by virtue of his father's money, but I think anyone can agree that how you got into the school isn't as important as what you did when you arrived. Roberts graduated #1 in his class.

There you have it.

What ever happened to the idea that if you are qualified, you should be affirmed? This writer is basically saying, "Yeah, but…" and also hoping to (somehow) stick it to the guy he is referring to in the final four words of the column. It's sad, because usually I respect William Raspberry's point of view. This one is just unhinged.

Unexpected Discovery

2005-08-15T18:27:00.000-05:00

I was outside pulling weeds in the backyard tonight. We have a serious infestation of crabgrass, no thanks to windblown seeds courtesy of the crabgrass jungle in the neighbor's backyard (which borders on a state of nature).

"Crabgrass" naturally reminds me of a classic exchange between Homer Simpson and Ned Flanders:

Homer grouses about mowing the lawn. ``Supposed to be the boy's job.''

Ned suggests Homer use some time-release granules to get rid of the crabgrass. Homer denies that he has any. Ned points out a few patches, ``There. There. And there's a big patch over there.''

"There's nothing wrong with crabgrass. It just has a bad name, that's all. Everyone would love it if it had a cute name like, eh, `elfgrass'. " -- Homer defending crabgrass against Flanders.

Hilarious! Back to my story...In the process of pulling up a patch of crabgrass reaching out of the patio bricks, I noticed something gold and shiny come up with the roots. Upon closer inspection, I was surprised to find that it was a sticker bearing the following message:

"Made in China"

Either it was the Guinness Book of World Records winner for the patch of crab grass with the deepest root system on the planet, or our trade deficit problem is more serious than I ever imagined!

Off She Goes

2005-08-15T06:38:00.000-05:00

Yesterday, we had a going away party for my little sister who is headed off to college this year. Time moves by much too quicly as you age. I know she'll be a success. Good luck!

Butterfly. Silver Spring, MD. August 14, 2005.

Changes

2005-08-13T10:17:00.000-05:00

Over a year has passed since the bank told me to empty my desk and hit the street. During the ensuing time, I worked a few temporary positions before packing my bags for the move from Chicago to Wilmington, DE. I even got married and took another flippin' bar exam during the same period. A lot has happened in 12 months.

All of these changes have rendered the name of my website obsolete. Not only am I now permanently employed (at least until the bar exam results come back), but I am doing quite well. No longer in the unemployment line, the title of this website has become meaningless. So I am going to change it. I'm also thinking about changing the weblink, as a consequence.

So say goodbye to "Casualty of Capitalism" and hello to "Attorney in the Del." Next weekend I will change my web address to http://lawyerinthedel.blogspot.com/. Just a heads up to my reader(s). See you at the new address!

UPDATE: Whoops, supplied the wrong web address. It should be http://attorneyinthedel.blogspot.com/.

You Can Buy My Photos!

2005-08-13T10:12:00.000-05:00

Now you can purchase my photos at Exposure Manager! I have added a permanent link to the gallery under the header "Recommended" in the sidebar to the left. The gallery currently contains pictures mostly from Chicago and the great outdoors, but I intend to add more in the future.

If you see any photos on this blog that you would like to buy, please do not hesitate to send me a note in the comments, and I will add it to the gallery for purchase.

Thanks again for visiting my site and your support.

Le St. Bernard de St. Barth's

2005-08-13T09:27:00.000-05:00

While floating in the surf on Colombier beach, I noticed that this rock formation on a ridge has a strong resemblence to a St. Bernard. Later, we also unfortunately noticed that a couple of male French sunbathers were choosing not to let the sun's rays miss a single square centimeter of their skin...(shudder).

Le St. Bernard de St. Barth's. Colombier Beach, St. Barth's. August 2005.

Smoking the Enemy Out of Their Caves

2005-08-13T08:58:00.000-05:00

Michael Yon's website is a must read. Mr. Yon is an embedded reporter in Iraq, who accompanies the Marines on some of their most dangerous missions and is not afraid to follow the men when the battlefield gets hot. His column is candid, informative, and always fair to the soldiers he follows into the fight.

In a typically fascinating dispatch, Mr. Yon most recently reported on the difficulties presented in finding IEDs (Improvised Explosive Devises). I reproduce an encouraging part of his column below. Although the seemingly random chance of being claimed by an IED represents one of the most fear-inducing eventualities created by the enemy in Iraq, our boys still have the luxury of knowing that the weapon has one major weakness: it still has to be deployed by people. People are prone to a variety of errors. As the below shows, in Iraq one of the biggest errors the enemy can make is being predictable:

Running to Yarmuk Traffic Circle

The Yarmuk traffic circle is fantastically dangerous. On the first mission I ran in Mosul, we lost two soldiers and an interpreter, all killed by a car bomb. Others were horribly burned, scarred for life. Many of our wounded and killed soldiers got it right here, or in the immediate vicinity. The ISF takes serious losses in this part of town. But it's not entirely one-sided--the Deuce Four has killed well over 150 terrorists in this neighborhood in the past 10 months. But almost none of those made the news, and those that did had a few key details missing.

Like the time when some ISF were driving and got blasted by an IED, causing numerous casualties and preventing them from recovering the vehicle. The terrorists came out and did their rifle-pumping-in-the-air thing, shooting AKs, dancing around like monkeys. Videos went 'round the world, making it appear the terrorists were running Mosul, which was pretty much what was being reported at the time.

But that wasn't the whole story. In the Yarmuk neighborhood, only terrorists openly carry AK-47s. The lawyers call this Hostile Intent. The soldiers call this Dead Man Walking.

Deuce Four is an overwhelmingly aggressive and effective unit, and they believe the best defense is a dead enemy. They are constantly thinking up innovative, unique, and effective ways to kill or capture the enemy; proactive not reactive. They planned an operation with snipers, making it appear that an ISF vehicle had been attacked, complete with explosives and flash-bang grenades to simulate the IED. The simulated casualty evacuation of sand dummies completed the ruse.

The Deuce Four soldiers left quickly with the "casualties," "abandoning" the burning truck in the traffic circle. The enemy took the bait. Terrorists came out and started with the AK-rifle-monkey-pump, shooting into the truck, their own video crews capturing the moment of glory. That's when the American snipers opened fire and killed everybody with a weapon. Until now, only insiders knew about the AK-monkey-pumpers smack-down.

Read the whole thing. In fact, just keep reading. Mr. Yon's dispatches are some of the most candid on the web, and there is plenty of material to encourage and discourage you, but always something that will make you proud of our men and women who are fighting for us right now in Iraq. Keep them in your prayers.

Bug of the Week

2005-08-12T06:52:00.000-05:00

Who wants a delicious ice cream cone to cool off in this hot weather? I don't have one to offer, but I do have a photo of a spider that looks like a cone with vanilla ice cream (or glace, in French) covered in chocolate. Mmmmmm!

Uh, just to be clear, I'm talking about the ice cream, not the spider.

Cone Spider. St. Jean Beach, St. Barth's. August 2005.

Another Reason Why I Love the Good Ol' U.S. of A.

2005-08-11T06:40:00.000-05:00

My wife and I, courtesy of a late May wedding and the bar exam, took a split honeymoon. Shortly after the wedding, we headed to Napa, California, for a long weekend in order to get in at least some post-wedding honeymoon, and with the alternative motive that I miss as few bar review classes as possible.

Last week, upon the conclusion of the bar exam, we took a real honeymoon on the island of St. Barth's, a French possession in the Caribbean.

This post illustrates another reason why I love the United States.

From the start, let me make clear that I try to be as environmentally conscious as I can. Since this post is about cars, let it be known that, except in very temporary circumstance, I have not commuted to work by car in six years. Either I have taken a train, or, as now, I have walked to work. I also drive a car that gets some serious gas mileage.

That being said, I love having the ability to choose a sweet 2005 Ford Mustang to hog the roads all over California, versus a wimpy Smart Car to putt-putt around a teeny French island in the Caribbean. USA!

The picture at the top of this post is the Mustang I rented with my wife in California. Loved it. The car is monstrously oversized, a tribute to earlier Mustang designs. Reminded me a little of the absurdly enormous full-sized 1980 Chevrolet Impala station wagon I used to drive in high school and college. The only thing missing was a manly fog horn to announce my presence as I zipped up and down vineyard lined streets and highways in the valley.

Then take the Smart Car (see photo below), which is basically a front seat on wheels.

This "car", built by Mercedes, carried us all over St. Barth's. If you have ever been to Germany or France, you have probably seen one of these little commuter vehicles zipping around during rush hour. The Smart Car may be fine for the commute, but the hills of St. Barth's kicked this baby's tail more than a few times during our trip. In fact, on one steep hill, we made it only halfway up before the "Dumb Car," as we called it, couldn't take the heat, stopped, and started rolling backwards down the hill.

Somehow, I get the feeling that the Mustang would have gotten the better of the hill, rather than vice versa as with the tiny Smarty.

Advantage: U.S.A. I love this country!

Seen In A Parking Lot In St. Barth's

2005-08-10T19:25:00.000-05:00

Outside a grocery store in St. Barth's last week...Go Terps!

Please, no comments on the make, model, or condition of the car. (Click photo to enlarge.)

Back to Reality

2005-08-10T06:20:00.000-05:00

Well, the honeymoon's over and it's back to work today. We went to St. Barth's, a French possession in the Caribbean, just East of the US Virgin Islands. The island is quite beautiful, and relatively sparsely populated (unlike bustling and less beautiful St. Maarten, our island of entry).

As a French possession, I tried to dust off the old high school French at times. Unfortunately, I didn't remember enough for it to be useful. But by the end of the week, both my wife and I had learned enough to know what we were ordering in French and to somewhat bluff our way through other conversations.

One thing is for sure about the French, they are not afraid to show off their bodies, no matter how disturbing. Monokinis (topless) are in fashion, and quite frankly, some people should not be taking advantage of the fad. Part of one beach we both agreed was more like walking through a real-life Discovery Channel safari, than we would have preferred. At another beach, one French guy decided not to join the rest of the European men in wearing a Speedo (shudder...), and instead decided to blaze his own trail by going, as they say in French, sans swimsuit.

Strangely enough, the one American (though current Paris resident) we spoke to happened to have once lived in Wilmington, DE of all places. In another coincidence, a huge American yacht pulled into a secluded beach we hiked to. We joked that we should ask the owner if we could hitch a ride home rather than deal with flying back. Upon closer inspection, the joke was more feasible than we thought: the boat was from Dewey, DE. Small world.

One of the highlights of the trip was eating dinner at Le Ti St. Barth at a table next to who we are nearly certain was Jimmy Buffet. He owns a (different) restaurant on the island. Though unconfirmed, I'm willing to say it was him. We should have sent a Margarita to his table (but the exchange rate made dinner at even the LEAST expensive places hit at a minimum $60 with drinks).

We had a great time, now it's back to reality. Thanks again for your patience!

St. Barthelemy. August 6, 2005.

It's Honeymoon Time!

2005-07-31T15:48:00.000-05:00

The lovely wife and I are headed to an island tomorrow to finally take that honeymoon we had to postpone because of the bar exam. As a consequence, I will be off the air for about a week and a half. Sorry, but I won't be bringing the computer or posting from the trip. This is purely husband and wife time without distractions.

When I return I am going to start reading up on Maryland football for the upcoming college football season at the ACC Basketblog (we're more than just hoops!). See you again in a bit, and thanks again for your patience.

El Nido, Philippines. April 14, 2004.

Summer at Long Last

2005-07-30T16:42:00.000-05:00

Last night I finally made it to that first ballgame of the year. O's versus White Sox at Camden Yards in Baltimore. It didn't turn out so great for the O's as they last on 7-2, killed by a 3-run dinger by my arch nemesis Paul Konerko (long story).

It was nice to see the Yard sold out again. The last game I went to there last summer had an attendence around 18,000, the lowest in the history of the stadium to that point. Last night had 45,267 fans.

For me, it is finally officially summer. Too bad I only get two more months of it!

First View of Summer. Orioles Park at Camden Yards, Baltimore, MD. July 29, 2005.

Shameless Plug

2005-07-28T20:19:00.000-05:00

In my opinion, the best way to unwind after the bar exam: BBQ and Guinness.

On tomorrow's agenda: Fishing and the Orioles/White Sox game at Camden Yards. I could get used to this.

Done

2005-07-28T09:03:00.000-05:00

At last, the bar exam is over! Finished up yesterday evening and popped open some bubbly. Now is the part where I reclaim my life.

Here's a little bar exam related anecdote for you. After the exam ended yesterday, I drove straight home. As I parked my car in the neighborhood, I reflected on the last couple of weeks and realized that the prophecy I received when I took the exam in Chicago, "What can go wrong the week before the bar exam, will go wrong," didn't come true this time around. No disasters of any sort befell me. Strange.

In Chicago, the crystal ball did not lie. My car battery kicked the bucket a few days before the exam (and as a consequence I got a parking ticket for "street cleaning" because I couldn't move my car). I also walked out of the Northwestern University law library one afternoon a couple days before the test to find five kids trying to steal my bike, or at least parts of it since they had basically taken it apart piece by piece. The bike ride back to Wrigleyville was, consequently, an adventure as loose pieces wobbled and shed themselves every couple hundred yards.

But nothing this time. Weird.

I pulled into a street parking spot last night that was two car lengths long. For some reason, I decided to back the car up to the area closer to my house. As I sat in the car preparing to get out, I thought, Nothing has happened yet...bet a tree falls on my car tonight.

After getting home and having a celebratory margarita with my wife, we decided to go out and get some Mexican food. With the bar exam, the little things get more special. Like being able to go out to dinner with my wife for once. At last! As we walked out the door, we noticed the sky was black. A big storm was on the way.

We raced to the Mexican restaurant as the sky got blacker and blacker. No sooner had we sat down then it started to pour. Lightning, thunder, wind. Pure misery. But we were inside, drinking some tasty drinks, chowing down, and best of all, NOT STUDYING!

By the time we finished eating, the storm was over. We drove back home. As we pulled into our neighborhood, I noticed a police car blocking the next block down, and some utility equipment in the road. I turned to my wife and said, "Bet a tree fell on my car. I had a premonition earlier this evening." Sure enough, a tree had fallen on my car!! Luckily, the car in front of me (owned by another guy who had just finished taking the bar exam, naturally) took the brunt of the blow. He was parked in the same spot that for some reason I had decided to back out of earlier. My car just had leaves and branches sticking out of it in all directions. No damage...whew!

A little late, but I finally received my bar exam disaster. I think that's a good sign.

Next week, I am off to the islands for some much needed R&R. Sadly, after being married for two months, we are finally getting the chance to take our honeymoon. Don't expect to see anything here between the 1st and 9th of August. I'm taking a break!

Can't wait...

I've been dreaming of this for two months. Cocoa Beach, FL. January 2003.

Scary

2005-07-23T08:01:00.000-05:00

Yikes! The bar exam is only two days away.

Mantis. Wilmington, DE. July 22, 2005.

Staring at the Ceiling

2005-07-21T12:43:00.000-05:00

Saw this reflection on the ceiling this morning.

Blinky 1224. Wilmington, DE. July21, 2005.

The Kittyiot

2005-07-21T08:06:00.000-05:00

My wife and I have always been convinced that our cat is mentally challenged. She gets her kicks by attacking shadows, rolling around on the floor chirping, and sprinting back and forth and up and down the stairs.

Turns out, as this picture shows, she's just possessed. That explains everything. We were worried that we just had a retarded pet. Whew...what a relief!

Cool off!

2005-07-19T19:06:00.000-05:00

It's too darned hot outside these days. Hopefully this cools you off a little bit. I took this photo after getting caught in a surprise snowstorm while hiking in the mountains of Southen France on October 24, 2003. At the time, I had on little more than a raincoat, a t-shirt, and a pair of jeans. It'd give anything to be that cold right now!

The ski town that marked the start of this hike, Cauteret, is not too far from where today's Tour De France stage ended (Pau, France). It's such a steam bath in Wilmington this week, that I can't currently fathom what the temperatures represented in this picture felt like.

OK...back to studying!

Something to Tide You Over

2005-07-18T19:07:00.000-05:00

Today, I spent most of the day in the library. This picture obviously wasn't taken at any point during that time.

Blue. Elkton, MD. July 2005.

Almost There

2005-07-17T12:23:00.000-05:00

Sorry again about the lack of posts. On the afternoon of July 27, I can reclaim my life at the conclusion of the Delaware bar exam. (But don't expect any posts that afternoon...I will probably letting off some steam, if you know what I mean!) I may post some more pictures as time permits between now and then. Thanks for your patience!

Today's Guest Blogger: That Bug

2005-07-13T18:47:00.000-05:00

Hey, there! Remember me? The author of this website wrote some not-so-nice remarks about me not too long ago. He'll be taking the bar exam in a week and a half, so I am filling in for today. Since Mike's head is planted firmly in the law books, he should probably know what L-I-B-E-L means. You have a suit coming your way, buddy, for defaming me in your earlier posts. I'm here to set the record straight. Really, I'm just a hardworking little bug looking for something to eat.

2005-07-13T18:43:00.000-05:00

Well, it turns out there are quite a few of us in the wilds of Elkton. We typically hang out, oh just about everywhere on the property: trees, bushes, marsh grass, and even the back deck. Since the author of this site hasn't figured out what we are, I figured I'd just show ya. Scroll down to get a little taste of my life.

2005-07-13T18:40:00.000-05:00

As you may have been able to tell from an earlier post, I tend to get hungry. I like to hide myself in the bushes and tall grass and wait for an unsuspecting meal...I mean bug, to come along. After which I stab it and eat it. What's wrong with that?

Wanna know how I do it? Read on...

2005-07-13T18:38:00.000-05:00

I can be a sneaky SOB ("son-of-a-bug"). Here I am in an ingenius hiding place, just waiting for some unfortunate bee or butterfly to get a hankerin' for some nectar. That'll be the biggest mistake since the time the author of this website got a hankerin' for a Slurpee and ended up with "Severe Tire Damage" after going the wrong way into a 7-11 parking lot! What an idiot!

2005-07-13T18:35:00.000-05:00

Here I am in my hunting position. It looks like I am about to give you a big bear hug! But watch out for my knife-like beak, 'cause a hug from me also includes a nice stabbing in the neck. Painful for you, tasty for me. Just like Dracula. Sometimes I like to assume this position while standing on just one of my back legs...I call it my "Daniel-san Position."

2005-07-13T18:31:00.000-05:00

Once I have caught my prey, I can pretty much eat him wherever I want. Here, I have stabbed a Japanese beetle with my beak, and I am sucking the life out of him while suspended upside down. Pretty cool, huh?!

2005-07-13T18:30:00.000-05:00

So long, and thanks for stopping by! This should clear up any misconceptions you have about me.

As I waive goodbye, I hope you don't mind if I continue to suck on this bug leg while you quickly click away from this page for the last time. See ya!

Study Break: The Bugs of Elkton

2005-07-13T18:20:00.000-05:00

On a break from studying in Elkton today, I took my camera around to see if I could get some good pictures of some of the seemingly infinite varieties of bugs on the property. Below is a sampling of what I found while taking just a few minutes' worth of photos.

2005-07-13T18:18:00.000-05:00

The Japanese beetles are out in force this year. My own backyard plants in Wilmington have suffered immensely from their voracious appetites. This guy is doing his best impression of a monkey.

2005-07-13T18:17:00.000-05:00

A large praying mantis on the prowl.

2005-07-13T18:16:00.000-05:00

There are a variety of wasps in Elkton colored similarly to this bug. I wonder whether his coloring is intended to mimic the wasps', or whether he's just an Orioles fan? I know. Lame.

2005-07-13T18:15:00.000-05:00

A grasshopper likely taking a break after chowing on some leaves.

2005-07-13T18:14:00.000-05:00

Another grasshopper.

2005-07-13T18:13:00.000-05:00

The next couple of pictures are good examples of the way bugs use camoflauge as predatory cover, or to hide themselves to forestall becoming a victim. This praying mantis is well hid.

2005-07-13T18:11:00.000-05:00

Ghosthopper. In real life, it looked more like an apparition, than an insect.

Where's Woo-Woo?

2005-07-13T07:12:00.000-05:00

Ronnie Woo-Woo is missing! Somehow I don't think this story will get national media attention similar to that chick in Aruba. She's a blond, white college girl. He's a old, black somewhat homeless guy who wears a full Cubs uniform around Wrigleyville throughout the Cubs season, and yells "Woo!" after every word.

Personally, I think the Woo-Woo story has more personality than another bland missing white girl story. But what do I know? I'm not a TV news exec who needs another celebrity trial now that Scott Peterson is behind bars and Jacko has beat another molestation rap. Missing/murdered white girls sell more than missing nutballs like Woo-Woo.

I don't get it either.

College Football Around the Corner

2005-07-10T10:57:00.000-05:00

My wife will be happy with this preseason Top 25, as Purdue occupies the 16th spot. The QB-challenged Terps, on the other hand, are nowhere to be found.

Stalking Steve Bartman

2005-07-10T07:53:00.000-05:00

This one is for the Cubs fans: What ever happened to Steve Bartman? Find out here. I remember going to a Redskins game versus the Bears at Soldier Field the same fall as the Bartman incident. It was a typically freezing December day in Chicago. As my friends and I walked around the stadium looking to scalp a ticket, I saw a guy walk by in a big puffy coat, wearing a knit hat, and one of those neoprine face masks that cover the whole face, glasses...and a pair of headphones. Bartman!

"Hey Steve Bartman, is that you?!" I called out.

No response. But it could have been him...nah.

Sorry, Charlie

2005-07-09T11:39:00.000-05:00

My wife asked me last week how big tuna get, having the impression that they were only a foot long or so. Here's a timely local story that gives you an idea of the actual size of these underwater behemoths. This thing would make a lot of cats happy.

So you catch a trophy of a fish, get lots of publicity, and then what?

A power saw is involved. "And monster knives," says Dan, 39, who watched on the dock last Saturday while three men took three hours to butcher the massive fish. When the job was done, there was more than 500 pounds -- dozens of huge plastic bags of tuna, cut into steaks the size of dinner plates.

Giant bluefin tuna, whose fatty bellies are prized for buttery toro sushi, are the Powerballs of commercial fishing. They can fetch a fisherman $6 to $20 a pound. Because the tuna is the most muscular fish in the water, with a small body cavity, 80 percent of it is edible. If the Dillons could have flown that baby straight to Japan, where the fish is most prized, they might have netted $12,800. But the charter boat captain who took Dillon and three friends out to fish for shark doesn't have a federal permit to sell bluefin, nor do most charter operators in the mid-Atlantic.

Since Dillon couldn't sell it, he would have to eat it.

"It's pretty amazing when you think about the challenge of getting rid of all that fish," says Dan.

The Morning Buzz

2005-07-09T11:36:00.000-05:00

Hornets. Wilmington, DE. July 9, 2005.

Today's Weird Bug From Elkton

2005-07-08T21:26:00.000-05:00

What in the heck is this thing? I saw this little guy walking slowly on the deck of the Elkon house yesterday and luckily found him again to photograph this afternoon. As you can see from the next picture, he's not a very nice fellow.

I'd be interested if anyone could tell me what it is. Otherwise, I will have to get an opinion from my entymologist sister.

Weird Bug. Elkton, MD. July 8, 2005.

2005-07-08T21:25:00.000-05:00

Here's the same guy, in a photo taking later feasting on an unfortunate little winged insect. Our protaganist is a nasty little bug. A little bit of National Geographic for you.

We're With You, Brother

2005-07-07T22:52:00.000-05:00

Mid-Season Correction

2005-07-05T21:55:00.000-05:00

With the Washington Nationals firmly in first place in the NL East, and the Baltimore Orioles hanging onto second place in the AL East, I revisit a post from early this season...because it seems I must eat a little crow.

After the first weekend of the MLB season, I had this to say:

Riding the Metro past RFK Stadium in DC last night, I got to thinking: as a fan of the Orioles for the past 18 years or so, but now a newly minted Washington Nationals fan (gotta support the hometown team) who has largely renounced the Orioles (particularly as long as Peter Angelos runs the club), what happens if the O's make the playoffs this season?

Let's be honest, the Nationals (3-3) will not make the playoffs this year. They don't have the pitching or the bats. The Orioles (3-3), on the other hand have the tools on offense to score runs (Mora, Tejada, Sosa, Palmeiro) and an intriguing, if unproven, pitching staff. Having just taken two of three from the Yankees (which never seems to happen anymore), let's just throw out this hypothetical: The Orioles win the Wild Card this season, while the Nationals spend the offseason on the golf course...would it be considered bangwagon jumping if I or any other former O's fan, put my O's hat back on in October?

I am glad the most likely circumstance at this point is that the Nationals make the playoffs as at least a wildcard team. The Nationals have survived some pretty signficant injuries to its starting lineup and now seem to be hitting their stride as they win game after game as the All-Star break approaches. At present, the Nats have won 7 of 8 and 8 of their last 10. That translates into a solid 5 game lead in the East.

As for the bolded statement above, let's be honest, I was dead wrong!

The O's have been almost as surprising as the Nats. Only recently they relinquished first place to the BoSox. They are suffering some tough times as they head into the break, however. The O's have won only 2 of their last 10 and have conceded four games to the Yankees, who are now only a 1/2 game behind them in the race for second place. But hey, they're still ahead of Evil Empire, so no complaining here yet.

I hope this scenario holds, as the perfect case would allow me to cheer primarily for the Nats, and secondarily for the O's in the playoffs. If somehow the Nats falter and miss the post-season, but the O's remain in, I suppose I can cheer for them as I had in former days. There would be no shame in it, as this team, with the exception of Steve Kline and Sidney Ponson, is full of some quality players and quality personalities.

These are exciting baseball times in the DC/Bmore area.

(Obligatory Bar Exam Complaint: Too bad I am stuck in a library and missing it all. In fact, I have yet to go to a game this year. I can't remember the last time I made it through April without seeing a game. Miserable.)

Today's View From Outside the Library

2005-07-05T21:49:00.000-05:00

Cooling Off. Wilmington, DE. July 4, 2005.

Welcome Back to Work

2005-07-05T06:32:00.000-05:00

Little Bee. Wilmington, DE. July4, 2005.

World's Ugliest Dog

2005-07-04T16:07:00.000-05:00

You have to see it to believe it.

On the Fourth

2005-07-04T09:25:00.000-05:00

Some words of wisdom from former President Calvin Coolidge on the meaning of the Declaration of Independence. (hat tip: Powerline)

About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers.

Happy Fourth of July!

Saturday

2005-07-02T18:45:00.000-05:00

The bar exam studying continues apace.

Fun With Photoshop

2005-07-01T22:30:00.000-05:00

I played around with a feature in Photoshop this afternoon that combines photos together into a panorama. A few years ago, I was in Germany and took some pics of the Reichstag, the German parliament building, in Berlin. Though as you can tell, the perspective is just a little off as the building was too close to me, the combined picture as slightly altered by the program turned out pretty cool.

Reichstag, Back. Berlin, Germany. May 2002.

2005-07-01T22:27:00.000-05:00

Reichstag, Front. Berlin, Germany. May 2002.

Liberals' Last Stand

2005-06-30T19:35:00.000-05:00

We have a two term Republican president. We've had a long run of elected Republican majorities in the House and Senate (I say "elected" because the most recent Democratically controlled Senate was accomplished by virtue of Republican Jim Jeffords switching to Independent during a 50-50 Senate...tie breaking vote to the Republican Vice President...at the behest of Democratic leaders shortly after the voters of his state voted him into office as a Republican).

Now, take a look at this diagram and see how out of step the Supreme Court is with popular opinion, as demonstrated by voters nationwide. Don't see the connection? On the far right of the graph are the court's two most liberal members: Justice Ruth Bader Ginsburg and Justice Stephen Breyer. Out of the most important twelve opinions issued by the court this term, Ginsburg was in the majority eleven times, and Breyer 10. Contrast that to Justice Clarence Thomas, perhaps the court's most conservative member, who joined the majority only six times. Excluding the unamimous opinions, you have RBG and SB at 9/10 and 8/10, respectively, and CT at 4/10. The court's other champions of conservativism, Chief Justice William Rehnquist and Justice Antonin Scalia, clock in at 4/10 and 6/10 in majority opinions.

How is that in today's more conservative society, the court's most liberal members, including a former official of the ACLU (RBG), are the final word on the Constitutional issues of the day? Want to know why the Democrats compromised on the filibuster and reserved the right to filibuster any Supreme Court nominee President Bush offers for their consideration? Well here it is. The last bastion of liberalism is the body that has the last word on our laws (and increasingly our "consensus" on social values).

Rumor has it that the Chief Justice and/or moderate conservative Justice Sandra Day O'Connor may announce their retirement(s) at any time. For those conservative and conservative leaning voters who put our legislative and executive branches into power, the upcoming confirmation battles promise to be an important step in consolidating that power throughout government. Expect the Democrats to defend a left-leaning, unelected court like the Alamo.

The fireworks this year could actually begin after the 4th of July.

Random Monkey Thursday

2005-06-30T06:49:00.000-05:00

Why, you ask?

Why not?!!

Random Monkey. Sabang, Philippines. April 13, 2004.

Today's View From Delaware

2005-06-29T06:54:00.000-05:00

Artificial Sky. Wilmington, DE. May 2005.

Shooting At LaVar's House

2005-06-29T06:32:00.000-05:00

Newsflash:

Police in Anne Arundel County are investigating a shooting that wounded a security guard during a party hosted Saturday night by Washington Redskins linebacker LaVar Arrington at a rented mansion in Gambrills. Arrington was not an intended target and is not being investigated, said Lt. Joe Jordan, a spokesman for the Anne Arundel County police. However, the police intend to interview him as part of the ongoing investigation.

Hmmm. Maybe it was Chris Wilcox. Or Sean Taylor.

NBA Draft

2005-06-29T06:31:00.000-05:00

No sign of John Gilchrist. No surprise.

UPDATE:

Initially projected as a mid-second-round pick, Gilchrist helped himself with a strong showing in Chicago's pre-draft camp earlier this month. His performance would usually warrant being selected among the first 10 picks of the second round, a source familiar with the NBA's discussions involving Gilchrist said Monday, but Gilchrist's off-court issues significantly hampered his status and it was uncertain where he would be picked, if at all, even one day before the draft.

No kidding.

Despite his projected draft status, Gilchrist felt he was at least as talented as the most hyped point guards in the draft, including Wake Forest's Chris Paul, Illinois' Deron Williams and North Carolina's Raymond Felton, all of whom were chosen among the top five selections overall.

I knew Gilchrist was a head case, but I hadn't figured he was a paranoid delusional.

A Little Bit of Autumn to Cool You Off On A Hot Summer's Evening

2005-06-27T19:38:00.000-05:00

A couple weeks ago I sent a stray roll of film to the developers to see what was on it. Turns out there this film goes back to last October when I went to one of America's most over-lawyered state parks: Starved Rock State Park in Illinois. Though it's a little late for photos of fall colors, you can either enjoy these or hear me rant about tonight's pathetic Delaware evidence lecture in bar review class.

I thought so.

Leaf In Stump. Starved Rock State Park, Illinois. October 21, 2004.

2005-06-27T19:35:00.001-05:00

Leaf In The Light. Starved Rock State Park, Illinois. October 21, 2004.

2005-06-27T19:35:00.000-05:00

Bug. Starved Rock State Park, Illinois. October 21, 2004.

2005-06-27T19:34:00.000-05:00

Fall Foliage. Starved Rock State Park, Illinois. October 21, 2004.

Weekend Photoblogging

2005-06-26T16:15:00.000-05:00

The next couple of posts are a sampling of some pics I took over the course of the last few days.

Tattered Rose. Wilmington, DE. June 2005.

2005-06-26T16:14:00.000-05:00

Orange Flower. Elkton, MD. June 25, 2005.

2005-06-26T16:13:00.000-05:00

Yellow Dragonfly. Wilmington, DE. June 26, 2005.

Welcome to DC!

2005-06-25T09:58:00.000-05:00

They're not in Montreal anymore:

During Road Trip, Nats Players' Cars Broken Into at RFK

By Barry Svrluga and Clarence Williams
Washington Post Staff Writers
Saturday, June 25, 2005; E01

On Wednesday night, the Washington Nationals returned from their 10-day, three-city road trip still in first place in the National League East. They arrived at RFK Stadium by bus from Dulles Airport, grabbed their luggage and headed for their cars.

But when they arrived in the players' parking lot beyond the right field wall at RFK Stadium, they discovered that several of their cars had been broken into -- and that of outfielder Marlon Byrd had been stolen -- a breach of security that left several players angered and shaken.

"Bottom line, it was a [expletive] job done here by the people who work here, a [expletive] job here," Byrd said before last night's 3-0 victory over the Toronto Blue Jays. "There's no way that my car can be driven off the lot while we're out of town, and I get here, and I'm walking around looking for my car. Whoever's job it was, whoever's supposed to be doing that job, did not do their job."

Urge to sympathize dropping:

"I'm not stupid," outfielder Jose Guillen said. "I got nice cars. I got one car that's worth $280,000. I'm not leaving it here. This is a weird, weird, weird place."

That's just obscene. I remember the Cubs parking lot was basically full of tricked-out Lincoln Navigators and Mercedes'. The rookies probably drove the Hondas. I feel for anyone who has been the victim of crime. But I think these guys will be able to move on without skipping a beat.

From the Archives

2005-06-24T19:37:00.000-05:00

A couple nights ago, I was messing around in Photoshop with converting some old color photos to black and white. I really like how this one turned out. I took this picture on a hike in the Shenandoah in 2002. I drove along Skyline Drive and stopped at a random trail to do a daylong hike just after the Autumn colors had peaked. In the color photo, there is a nice variety of colors down in the valley in the distance. Without the color, I like how the bronze compass becomes real focal point of the photo.

Shenandoah Compass. November 20, 2002.

More Kelo Reaction

2005-06-24T19:16:00.000-05:00

More reaction summarized here.

Get informed.

One of our newest federal judges to emerge from the filibuster compromise had this to say in a former case:

Americans are a diverse group of hard-working, confident, and creative people molded into a nation not by common ethnic identity, cultural legacy, or history; rather, Americans have been united by a dream—a dream of freedom, a vision of how free people might live. The dream has a history. The idea that property ownership is the essential prerequisite of liberty has long been “a fundamental tenet of Anglo-American constitutional thought.” (Ely, The Guardian of Every Other Right (1998) p. 43.) “Indeed, the framers saw property ownership as a buffer protecting individuals from government coercion. Arbitrary redistribution of property destroyed liberty, and thus the framers hoped to restrain attacks on property rights.” (Ibid.) “Property must be secured, or liberty cannot exist” (6 The Works of John Adams, Discourses on Davila (1851 ed.) p. 280), because property and liberty are, upon examination, one and the same thing.

Private property is in essence a cluster of rights inuring to the benefit of the owner, freely exchangeable in accordance with the terms of private agreements, and recognized and protected by common consent. In the case of real property, this cluster of rights includes the right to exclude persons from certain physical space. In the case of intellectual property, it may include the right to employ a valuable method or process to the exclusion of others. In other words, private property represents zones of individual sovereignty—regions of autonomy within which we make our own choices.

Sounds right to me. Only, the Kelo decision is one more nail into the coffin of that founding idea in favor of centralized government control of property rights.

Finally, a must read counterpoint from a very learned professor of Constitutional Law who casts some doubts on the anti-Kelo hysteria.

More Kelo Round Up

2005-06-23T21:56:00.000-05:00

There's a substantial round-up of Kelo reaction at Michelle Malkin's blog.

This is my favorite:

DC Mayor To Bulldoze Ruth Bader Ginsberg's House For Homeless Shelter

ABC 'Home Makeover' team commissioned to evict Justice

Washington-In an immediate municipal action based upon the just-released ruling by the United States Supreme Court, DC Mayor Anthony Williams has announced that Justice Ruth Bader Ginsberg "needs to start packing" as the city's plans for a suburban homeless shelter have finally been vetted.

Today's View From Delaware

2005-06-23T21:44:00.000-05:00

Bridge Over The Brandywine. May 2005.

Write Your Senator

2005-06-23T21:36:00.000-05:00

Below is my letter to my Senator, Joe Biden, regarding Kelo. I advise you to write one, too.

Dear Senator Biden,

I am not one normally to write letters to my politicians, but the Kelo decision handed down by the Supreme Court today has spurred me to do so. I have recently lived in a number of cities in this country whose confiscatory practices, whether through takings, taxes, or penalties, have caused me to leave those cities without remorse. Having recently moved to Wilmington, DE, I find that this city, in terms of its wanton tax increases and penalties is no different than anywhere else.

Now Kelo.

When are our elected representatives going to stand up and call for an end to the confiscation of property from private citizens for simple purpose of generating more revenues for the state or federal treasuries? The taking of one's home for so-called just compensation (who are we really kidding here) in order to hand the property to just another soulless Walmart, Home Depot, or [name your shopping or residential complex here] cannot be tolerated.

I ask that you take the initiative on this, and call for legislation that strengthens home- and property owners' rights in the face of government confiscation. There is no right more fundamental to this country than the right to property, particularly real property. If you are serious about a run for president, here is your issue. Have the guts to stand up to this outrageous encroachment of government power. And let your stand not be symbolic, but be substantive. This is an issue of incredible importance to every citizen who has or one day dreams of owning that piece of land to call their own.

Don't fail us on this one.

Takings Decision

2005-06-23T19:47:00.000-05:00

Things didn't turn out the way I had hoped.

A round up of opinion.

More here.

An explanation. More analysis. The opinions. Who to blame (Surprised? Didn't think so.).

Scary thoughts.

If politicians have the right to take your private property and give it to somebody else just because the other guy claims that he can generate more taxes from it, then property rights have ceased to exist in the US.

If Vodkapundit had lived in either Baltimore, Chicago or Wilmington as I have, he would have seen this coming.

Let's take something as innocuous as parking tickets for example. In Baltimore, the city would occasionally but up "No Parking" signs on a street just about the time people would be leaving for work. If you happened to live within walking distance and commuted by foot, it was unlikely that you would notice the sign. Boom. $30 parking ticket. In Chicago, street cleanings were announced at random. If you happened to be on vacation or out of town on business for a couple of days (because you never had more than 2 days notice)...Boom. $50 parking ticket. Now in boring, not-happening Wilmington, DE, I live on a street that is cleaned TWICE A WEEK. In Chicago, living within a half block of Wrigley Field my street might be cleaned at maximum twice a month. Here, they get sweep the left side EVERY Thursday, and the right side EVERY Tuesday. There is nothing in my neighborhood like, say, a 38,000 person baseball stadium, that would make one think I would need my street cleaned twice a week. But forget to move your car EVERY Tuesday and Thursday...Boom. $35 parking ticket.

Utterly ridiculous. But simply part of feeding the government beast. I would love to get my hands on a summary of the money these cities make by penalizing their citizens for living within the city limits through these guerilla revenue raising tactics. No wonder living downtown sucks in so many cities. Who wants a to live in a place where you could be paying $70 a week in fines just because you forgot what day of the week it is? Add to that the incessant property tax hikes and transfer of wealth from the homeowners who work hard and pay taxes into the treasury, to the laggards hanging out in the square and walking the streets all day, every day, seemingly uninterested in finding work.

The government beast must be fed. Any tax shortfall, of course, must be recouped by penalizing honest citizens for petty offences.

Now, your very house can be confiscated for a pittance simply to add more dollars to the local treasury. Surprising decision? Not really. Just par for the course.

Inside Looking Out

2005-06-22T22:26:00.000-05:00

This is kinda what studying for the bar exam feels like.

Oldy, But Goody

2005-06-22T21:30:00.000-05:00

Here's one from the archives. I took this picture in an alley in downtown Chicago during January of this year. I had been trying for a while to find a good way to take a picture of some of the fire escapes that course down the sides of some of the older buildings, particularly those close to Michigan Ave. Luckily I caught this perspective of one of Chicago's old skyscrapers as I was taking a walk not far from Millenium Park.

Back to the present, I spent six hours today taking a mock bar exam. The next two days promise twelve combined in-class hours of reviewing the answers to today's six hours of testing. I scored alright considering I haven't really gotten down to studying yet. Approximately one more month and I reclaim my life.

Today's View From Delaware

2005-06-21T06:43:00.000-05:00

I haven't had many opportunities to take pictures lately, courtesy of the bar exam. In the meantime, here is a picture I took in Wilmington a month ago.

Canal Along the Brandywine. May, 2005.

On The Radio: Monday Night

2005-06-20T21:46:00.000-05:00

Tonight's AC/DC offering heard on the way to class: "For Those About to Rock (We Salute You)." 94.1 FM, 5:40PM.

Love You, Hate You

2005-06-20T06:42:00.000-05:00

Every time I start really feeling like I miss Chicago, I am reminded of a reason why I was ready to leave.

In Chicago, parking meters don't just expire. They can suddenly appear out of nowhere, like people who have been dead for years showing up at the polls on Election Day.

That's the only reason--illogical and unfair as it is--that Chicago police would have slapped drivers with parking tickets for failing to feed meters when there were no meters to be fed when the cars were parked.

Motorists who parked downtown on a stretch of Illinois Street last week fell unsuspectingly into a parking-ticket trap. It is a trick Getting Around had not seen before, but one that we are happy to expose and terminate.

Among the drivers scammed was Chicago attorney Vince Tessitore, who at first felt lucky on Tuesday night to find a legal, meterless space to park his Jeep Cherokee on the north side of Illinois just west of LaSalle Street. But when a friend went to the spot to retrieve Tessitore's car about 9:30 p.m. Wednesday, a parking meter had been installed where the day before there was no meter.

And a parking ticket was left on the windshield.The sneaky police officer (Badge No. 30249) who wrote the parking ticket post-dated the citation as having been issued at 12:39 p.m. Thursday--more than 15 hours after the ticket was placed on the car.

"It really angers me," said Tessitore, 33, who called Getting Around. "The city is strict enough in its parking restrictions already. Chicago gets plenty of revenue ticketing people by legal means without having to be deceptive."

It's not like they just made a mistake on one ticket. It was intentional. I am kind of surprised by the stupidity of it."

Tough Cookies

2005-06-18T17:09:00.000-05:00

An armed robber brandishing a revolver and some tough talk entered Blalock's Beauty College demanding money Tuesday afternoon.

He left crying, bleeding and under arrest, after Dianne Mitchell, her students and employees attacked the suspect, beating him into submission.

Mitchell tripped the robber as he tried to leave and cried aloud "get that sucker" as the group of about 20, nearly all women, some wielding curling irons, bludgeoned him until police arrived.

(via Instapundit)

From the Desk of Sen. Durbin

2005-06-18T16:48:00.000-05:00

Iowahawk, a parody site, has some hilarious letters "written" by Senator Dick Durbin of the Administration is as bad as the Nazis/Soviets/Khmer Rouge fame.

Dear Sir or Madam:

In the dark annals of human evil, history has recorded the Holocaust, the Rwandan genocides, and Stalin's mass starvation program. And now, United Airlines flight 671 from Reagan International to Chicago O'Hare on June 3rd, 2005. I know, because I am a survivor of that dark exemplar of man's cruelty to man.

Read the whole thing...especially if you ever sat in a plane for three hours on the O'Hare tarmac as I have. Gives some perspective on how absurd Durbin's remarks on the Senate floor were.

Saturday

2005-06-18T13:13:00.000-05:00

Lazy summer days. Guess this is what it's like when you don't have to study for the bar exam.

Classic Rock

2005-06-17T20:02:00.000-05:00

One big difference between Chicago and Wilmington, attributable to the close proximity to Philadelphia, is the choice in radio stations. Here, between 93.3 and 94.7 FM, there are four rock stations. Each plays some mix of new and classic rock, but lean heavily towards the classics. In Chicago, there were a couple stations devoted mainly to new stuff, or early 90's to today formats. Here, there's an extreme bias towards classic (aka redneck) rock.

This phenomenon reminds me of the brief period time in the late 90's when I lived in Panama City, FL. PC is derided (correctly) by many as the Redneck Riviera. Keeping with the theme, the local rock stations played nothing but Led Zeppelin, Pink Floyd, Aerosmith, and Metallica. Even when the jocks were just talking, usually the dark rhythms of one of these bands could be heard in the background. The only reason I kept listening was for the occasional Guns 'n' Roses song, which I still consider to be a treat. Otherwise, those stations were unlistenable. How many times would I have to hear "Enter Sandman," "Love In An Elevator," or "Stairway to Heaven" before I tossed myself into the surf as shark bait?

Well, here we are again. This is no joke: I drive 15 minutes two and from bar review class each night and make use of the stations between 93.3 and 94.7. Almost...without...fail, I will hear an AC/DC song during that half hour in the car. It seems like every...single...night. "Big Gun," "For Those About to Rock," "Hells Bells" (a clear favorite), "TNT," "High Voltage"...

Then again, this explains why when I try to access the official website of the City of Philadelphia, I keep getting sent to this page.

I Can't Win

2005-06-17T06:34:00.000-05:00

My former Senator regarding the Time magazine article on Gitmo:

"If I read this to you and did not tell you that it was an FBI agent describing what Americans had done to prisoners in their control, you would most certainly believe this must have been done by Nazis, Soviets in their gulags, or some mad regime-- Pol Pot or others-- that had no concern for human beings," Durbin said.

Refutation here.

And this my current Senator. Sigh.

Thank You, Capitalism

2005-06-17T06:32:00.000-05:00

For as evil as capitalism is made out to be, it sure has been good to us. The rich, of course, get richer. And the poor get...richer, too!

Today's View From Delaware

2005-06-16T22:46:00.000-05:00

I haven't posted a picture of Wilmington in a while. Plus I need to spare you the razor picture. I don't want to scare all of my readers away, after all! (I sincerely apologize for any gastrointestinal discomfort it may have caused...[gag])

This photo was taken under the Washington Street bridge about a month ago.

Where's The Barf Bag?

2005-06-16T07:22:00.000-05:00

Through the powers of the internet, I am able to bring you...the Sasquatch Razor. This photo really doesn't do it justice. Sick. (Click on the photo for a bigger view.)

Sasquatch's Razor

2005-06-16T06:32:00.000-05:00

I came home a couple days ago and my wife told me she had something to show me. She took me upstairs to the master bathroom and pulled out a box of ladies' razors she had just purchased. She said she had just opened the box. It had been sealed and not tampered with.

Inside the box were three new razor blades. The first two were shiny and clean. On this particular brand, an oval-shaped bar of soap surrounds the razor head. So far, so good.

The third razor in this pack of three, however, was simply vomit inducing. First, the soap bar was missing. Second, the blades of the razor were slightly rusted. And finally, I kid you not, the entire head of the razor was covered in long pieces of somebody's hair! [gag]

I'm no products liability lawyer, but I am sure that if people can sue over McNuggets shaped like chicken heads, mice in Coke bottles, and fingers in chili, there has to be some course of action to be taken regarding a "new" razor in an un-tampered package being covered in rust and tufts of somebody else's hair. Appropos to the title of this post, there was enough hair on this thing that it looked like Big Foot's very own. [gag]

Not generally being the litigious type, we'll probably send it back to the manufacturer for an explanation and some free stuff. But...sick! I'll have to look for a local hack's ads:

"Have you been sickened by the discovery of a hair covered razor blade in your latest box of X-brand razors? Are you unable to sleep at night and suffer nightmares about massive hairballs appearing in everything from your toothbrush to your Wheaties? If so, call the law offices of Scheister & Ripov. If you have an injury, you need a lawyer!"

Honeymoon, Pt. 5

2005-06-16T06:31:00.000-05:00

Robert Mondavi Courtyard, Napa, CA. June 4, 2005.

Light Posting

2005-06-15T06:42:00.001-05:00

Sorry about the light (mostly lame) posting lately. The bar exam is depriving me of any extra time I might have had before. I'll keep it up, but don't surprised if for the time being there is not too much substantive. My camera will do most of the talking.

Honeymoon, Pt. 4

2005-06-15T06:42:00.000-05:00

Pacific Coast, June 5, 2005.

BBQ After the Execution?

2005-06-12T09:17:00.000-05:00

Amnesty International had better keep a close eye on this one. This could set a precedent for the first barbecueing of an inmate after his execution on murder charges. I think the electric chair and a nice Chicago Steakhouse marinade will yield the best results.

Punched Out

2005-06-12T09:14:00.000-05:00

If it's any consolation to Iron Mike, unheralded contender Mike C never could beat him in "Punch Out!" I had enough trouble with Soda Popinksi.

Honeymoon, Pt. 3

2005-06-12T09:11:00.000-05:00

Vineyards on the property of J. Phelps Winery. June 4, 2005.

Curse Envy

2005-06-09T21:04:00.000-05:00

The Red Sox play the Cubs this week at Wrigley Field (wish I was still in the old neighborhood!). Sox Nation and Cubs Nation used to argue over who was more cursed. Billy Goats, Bambinos, Buckners and Bartmans. The story lines made these teams two of the most rabidly followed in the game. Prior to last year, the Sox hadn't won a World Series since they beat the Cubs in 1918. The Cubs are still waiting for their first championship since 1908, the longest drought in baseball rapidly approaching 100 years.

Today's New York Times has one of the best quotes I've read on how Cubs fans view Sox fans now that one's curse is reversed while the other's remains in full effect:

"Watching the Red Sox win was a very weird experience," said Jim Belushi, an actor and a lifelong Cubs fan. "It was like having a neighbor win the lottery. At first you're really happy for them because it couldn't happen to a better guy. And then you realize that he'll move into a bigger house in another neighborhood and you never had anything in common with him in the first place and he was really a big jerk. I mean, the Red Sox' celebrity mascot is Ben Affleck. Doesn't that tell you enough?"

In summary, Go Cubs!

Honeymoon, Pt. 2

2005-06-09T21:02:00.000-05:00

The Golden Gate Bridge. June 3, 2005.

Honeymoon News

2005-06-08T20:38:00.000-05:00

The new wife and I enjoyed an excellent honeymoon in Napa over this last weekend. In the coming weeks, I may try (time permitting) to write up some of the wineries we attended. For now, wish I was still there. I guess we have plenty of wine on hand to help us revive the memories...