Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Thursday, December 31, 2015
Persistent Myths XII: The "It's all about oil" edition.
There's a persistent belief in the US that every conflict in the Middle East is about petroleum oil, and that's because every single nation in the Middle East is swimming in petroleum oil and vastly wealthy. If non Middle Eastern nations are tied up in the affairs, including the wars, of the Middle East, that's because they want the war. Some even tie past actions of various nations from many decades past to a desire to control oil, such as everything the UK did during World War One in the Middle East was due to its insatiable desire for oil.
Sorry, this just doesn't match the facts.
Oh, some thing in the Middle East definitely are about oil, no doubt. And the Western importing nations have always been more careful to pay attention to the oil exporting nations than those that didn't have a commodity to export. But then, paying attention to a nation that produces a necessary export commodity is something all nations have done at all times.
But a lot in the Middle East happens that has nothing at all to do with oil And a lot of the Middle East is completely devoid of oil.
That last fact alone comes as a shock to a lot of people, but it's quite true. Indeed, twice this past week I've seen events in Syria tied to oil. Well, Syria produces only a small amount of oil, about 28,000 bbls/day. In contrast, the US produces over 3,000,000 bbls/day, Saudi Arabia over 9,000,000 bbls/day and Russia over 10,000,000 bbls/day. They aren't fighting over Syria's small production, and the various outside forces that back one side or another don't have oil in the forefront of their minds either. Shoot, Russia (and Iran) have tended to back the Syrian government, and they're both awash in oil.
And Syria isn't alone. Jordon, a nation we hear about frequently in the region, isn't really an oil producer either. Neither is Egypt. Indeed, much of the Middle East is pretty devoid of appreciable oil production.
And frankly, oil doesn't matter like it once did. It mattered more before the substantial Russian production, the greatest in the world, came on line and before new technology made the United States the third largest producer in the world. The US now produces so much oil that, combined with other fuel sources, it's now a net energy exporter and it appears that the US will reenter the petroleum exporting countries. Beyond that, we seem to be entering a period of flat demand, due to technological rather than economic, reasons such that oil will never resume the place in the global economy it once had.
Where oil demand should really matter is with developing nations, and not all that long ago there was serious concern that China was acting to tie up future supplies. But China itself is the world's fourth largest oil producer and it appears to be on the cusp of technological changes that will reduce its need for fossil fuels.
All of this is not to say that oil isn't important, and that people don't fight on it. But the common simple response of "it's all about the oil" is simply wrong, almost always. Indeed, some of the places we have been involved in that have oil, if we were thinking of our own economy, we'd have been better off not getting involved with.
Persistent Myths XI: The World War Two Horsey Edition.
Following on item VI above, its also commonly believed that the retention of horse cavalry in any army, or horses in general, during World War Two was just romantic naivete.
Actually, it wasn't. Every single army in World War Two had some mounted forces they used in combat. Every single one. There are no exceptions whatsoever. The simple reason was that there were certain roles that still could be preformed in no other way.
One of the major combatants, the Germans, attempted to eliminate independent cavalry formations while retaining organic formations in infantry units and found the need so pressing that it ended up rebuilding its independent cavalry formations and incorporating irregular ones. The United States and the United Kingdom both ended up creating "provisional" mounted formations in Italy, as they couldn't fill the reconnaissance role there in any other fashion. One army, the Red Army, had huge numbers of cavalrymen throughout the war.
The last mounted combat by the United States, prior to Afghanistan, actually took place in the context, with a mounted charge of sorts being done in late 1944 or early 1945 by a mounted unit of the 10th Mountain Division. The last German charge was in the closing weeks of 1945, when a German cavalry unit charged across an American armored unit, in part of their (successful) effort to flea the advancing Red Army. When the last Soviet charge was I do not know, but the USSR kept mounted cavalry until 1953.
In terms of transportation, the Germans in fact were more dependent upon transport draft horses in World War Two than in World War One, which is also true for artillery horses. Germany, the USSR, China, Japan, France, and Italy (at least) all still used horse drawn artillery to varying extents during the war.
Persistent Myths X: The Great War Edition
Starting with:
The Horsey World War One Edition
It's commonly stated that the First World War demonstrated what any competent observer should have been able to know by simple deduction, that being that the age of the horse in war, or more particularly cavalry in war, was over. This appears again and again in everything from films to serious academic histories.
It's also complete bunk.
In reality, cavalry served effectively on every front during the war and the Army that acted to keep its cavalry fully separate to the extent it could, rather than folding cavalry elements into infantry divisions, had the most effective cavalry, that being the British. There are numerous examples of cavalry deployments from every front in the war in every year of the war, with some being very effective deployments indeed. Generally, properly deployed, cavalry proved to be not only still viable, but extremely effective. And it was also shown that not only did the machinegun not render cavalry obsolete, but cavalry was less impeded by machineguns than infantry, and it was more effective at deploying light machineguns defensively than infantry was.
This doesn't even touch, of course, on the heavy reliance on horses by the artillery and transportation corps.
An excellent book on this topic can be found in Horses In No Man's Land, which addresses very effectively the British cavalry. Less has been written on the cavalry of other armies, although a good book on the general topic was published by the U.S. Army shortly after World War One. Nonetheless, even with what is readily at hand, its pretty plain that the role of the horse wasn't diminished in World War One. Indeed, the Germans lost the war in 1918 as they lacked cavalry by that point in the war.
The World War One Trenches Edition
We all know that the miserable wretches in the Allied trenches stayed in them, in the Great War, until they were killed or injured, or driven mad.
Except they didn't.
Don't get me wrong. World War One was truly horrible. In comparison to the wars of the last half century, World War One was so awful its nearly unimaginable.
But the armies did not commit troops to the trenches until they were killed or injured. They rotated them out.
The British, for example, rotated troops out every four weeks. At any one time, a large number of troops were off the lines, and for that matter, even those at the lines were not necessarily in the foremost trench, but often in a reserve trench.
Again, this is not to say that the whole thing wasn't bad, it was. But the common idea that the soldiers were in the trenches for months on end with no relief is wrong.
For that matter, as an aside, the idea that cavalrymen were idled, in the British Army, in the rear for the whole war, except when actually deployed mounted, is wrong. They rotated them up to the front as infantry.
The World War One Parachute Edition
It's well know that World War aviators didn't wear parachutes, but less known why. Its sometimes stated that parachutes of the era couldn't fit in the small cockpits of the planes then in use.
Yes, they could. World War One aviators didn't wear parachutes as their superiors forbid it on the thesis that it would encourage pilots to bail out at the first sign of trouble. That was an absurd idea, but that's what the idea was.
Persistent Myths IX: The D-Day Edition.
We just passed the 70th anniversary of Operation Overload, the Allied landings in Normandy during World War Two, popularly known as D-Day.
This major World War Two event has justifiably received a lot of attention over the years. In the US, however, so much of the focus has been on the American effort, with that focus sharply on just one beach, Omaha Beach, that there's a common misconception that the US had the predominant role in the landings. Actual figures, however, are a bit surprising.
2/3s of the troops who landed in Operation Overlord were troops of the British Commonwealth, i.e., British or Canadian.
2/3s of the air assets used on D-Day were British.
3/4s of the naval assets were British.
Amongst the senior level overall command, more officers at the very senior level were British than American.
The US was clearly in the ascendancy amongst the western Allies by June 1944, but it wasn't until later that summer that over 50% of the ground troops committed in France were Americans. At the time of the landings, there were still more British forces in the mix of ground troops, and as these figures show, their role in other combat resources was also still predominant.
The landings on the British and Canadian beaches went very well, in part due to good luck as to the choice of their locations, and in part due to the extensive use by the British and Canadians of special armor, which the US had largely rejected. For that matter, American landings at Utah Beach went very well as well, with it really being Omaha Beach that was stoutly contested for a variety of reasons. All the Allied forces committed to Operation Overlord performed brilliantly and this posts isn't made to suggest otherwise. However, the English Commonwealth forces deserve their just attention for June 6 in which they had more men engaged in the operation than the US did.
Persistent Myths VIII: The Spanish Civil War Edition
That Spain fought a tooth and nail civil war in the 1930s, leading up to World War Two, is of course well known, but the version of it remembered by most people, and even by quite a few historians, is mostly bunk.
The common popular view of the war is that nasty Spanish fascist in the Spanish army launched a war against the republican democracy loving legitimate government and squashed democracy in the name of fascism.
That didn't happen.
In reality, Spain's pre civil war government was extremely weak and unstable and was very obviously rocketing towards falling into Communism. That instability wasn't novel for the time, there were a lot of European governments that were having trouble sustaining democracy, in part because their experiment with democracy was quite young and quite a few political parties had no real concept of being more loyal to the country and the system than themselves. The more unstable of them tended to teeter between Communism and Fascism in the 1930s, with Italy and Germany of course falling into Fascism. Other countries rocked back and forth, like France, but survived with democracies in tact. Others fell into other forms of totalitarianism. Poland fell into a socialist dictatorship, Austria into a right wing dictatorship, Hungary had a Communist uprising, and so on. In Spain, it was pretty clear that it was reaching the end of its democratic days and was going to fall into some sort of left wing radical government.
The Army did revolt against the government, that's quite true, but contrary to myth it wasn't all Francisco Franco. Franco wasn't even the most senior of the rebels, and he wasn't in Spain, but in Morocco, when the revolt broke out. He did rise to leadership of it, however.
But, contrary to the common myth, he wasn't a Fascist and the war wasn't one between Fascism and democracy. It was one between the hard right/military and Communism.
Spain had a fascist party, the Falange, but Franco never joined it. It contributed members to his various governments over the years, but at no point did it ever dominate it. Spain also had a monarchist party, the Carlist, that Franco was quite sympathetic with, but he never joined that either. He was basically a military dictator of the Spanish type, but he used parties that were fellow travelers with him. Those groups had nowhere else they could go, as Franco was the only game in town.
As for the Spanish Republicans, there were no doubt some democrats in that movement early on, and some officers in the Spanish army went with the Republicans. But the Republicans were radical to start with and very quickly became more radical. And when it appeared that they would win, the Communist took the opportunity to begin to eliminate other radicals within the movement, acting as it turned out prematurely. That was to Communist type, as the Communist always wiped out competition once they'd won, and in Spain's case, they just acted too soon.
So why all the romance about the Republican cause and the common view of the war, when in real terms the Spanish Civil War belongs more to the revolutions of the 20s and 30s and is uniquely Spanish in nature? Well, the answer is World War Two.
Because the Italians first, and the Germans, backed the Nationalist (with the USSR backing the Republicans), and because the Republicans lost, it's been easy and inevitable to recast the war as "a dress rehearsal for World War Two." It wasn't in any way. But it's been commonly viewed through the thick lens of the Second World War which has allowed people to grossly simplify the war and completely misunderstand it. It's also let foreign volunteers to the Republican side off the hook, as they've been re-imagined as armed democrats, rather than Communist dupes, as they really tended to be.
Persistent Myths VII: The Roman Edition
C. The Vomitorium isn't what you've heard.
As a minor one, a Vomitorium wasn't where people went to throw up, in their debauchery. It's a big exit. That's because it derives from a word meaning to spew forth, as to pour out, as in to pour out a lot of people. Think stadium exist.
Persistent Myths VI: Hindus and vegetarianism
Americans commonly believe that Indian is a vegetarian nation, because the largest religion in India is Hinduism.
Page Updates 2015
Formerly, when the pages that were threads were updated, they were bumped up, and several of them were amongst the most read threads on the site. Now, of course, there's no easy way to know when they're bumped up. so this thread will serve that purpose.
Recent Updates:
They Were Lawyers.
January 1, 2015: Mario Cuomo.
The Were Lawyers.
February 23, 2015: G. D. Spradin.
They Were Soldiers.
February 23, 2015. G. D. Spradin, Michael Vincente Gazzo,
They Were Soldiers
March 2, 2015. Leonard Nimoy
March 12, 2015: Neal McMurry, Mick McMurry.
The Poster Gallery, WWI
U.S. Coast Artillery.
The Were Soldiers
March 15, 2015: Demond Wilson
They Were Clerics
March 15, 2015: Demond Wilson
They Were Lawyers
August 19, 2015: Helmuth James Graf von Moltke
The Were Soldiers
September 6, 2015: Dean Jones.
They Were Soldiers
September 15, 2015: David Janssen, Richard Long, Martin Milner
They Were Soldiers
September 22, 2015: Lawrence "Yogi" Berra
They Were Lawyers
September 22, 2015: Erasmus Corwin Gilbreath
They Were Farmers
October 2, 2015: Robert Burns.
They Were Soldiers
November 5, 2015: Toshiro Mifune
November 6, 2015: George Gobel, Johnny Carson, Walther Matthau, Steve Forrest, Paul Newman, Jonathan Winters, Kirk Douglas, Dale Robertson, John Carroll, Randolph Scott, Charles Bronson, Art Carney.
November 9, 2015: Hans Christian Blech, Oskar Werner (Oskar Josef Bschließmayer), Hannes Messemer, Robert Graf, Sig Ruman (Siegfried Albon Rumann).
November 10, 2015: Conrad Veid, Wayne Morris, Tony Curtis, Larry Storch, Forrest Tucker, Robert Montgomery
They Were Farmers
November 24, 2015: Union soldiers, Confederate soldiers.
They Were Soldiers
November 24, 2015: Olivier Jacques Marie de Germay
They Were Lawyers
December 9, 2015: Charles White Whittlesey
December 31, 2015: Bernard V. Rogers
Friday, December 31, 1915. No end in sight for one war, while another appeared to be ending.
The first full year of World War One drew to a close, the conflict now being sixteen months old.
South of the border, Villa remained on the loose, but appeared defeated, his wife and sister in law having been sent to Cuba via the United States, where they planned to go on to Argentina.
Colorado was set to go dry at midnight.
Colorado's politics of the 1910s can't be squared with its politics today. Colorado was the first state in the Union to outlaw marijuana, which it had already done by this time, and it was adopting prohibition, as many states did, before the passage of the Volstead Act. It also had a very strong Ku Klux Klan at the time, which is definitely odd compared to today, and which oddly enough fits in with the support for prohibition, which the KKK backed.
Last edition:
Thursday, December 30, 1915. Germany recognizes the Carranza government.
Lex Anteinternet: New Year's Resolutions for Other People
This past January I published this:
Lex Anteinternet: New Year's Resolutions for Other People: Yeah, I know its rude. But if you are in the public eye, I guess you are open for public content. So here's some resolutions for folks who might miss these obvious ones.So, let's look and see if they checked in here, read the resolutions, and adopted them.
Congress. Let's just assume that your audience is intelligent and can follow an intelligent argument. I bet it can. And after assuming that, whether you are in the left or the right, conduct your public debates that way. If you can't do that, you ought to not be there.Hmmm. can't say I grew more impressed with Congress over the year. They mostly seem just to have sort of checked out, but maybe I just quit paying as much attention to them. Maybe they weren't paying as much attention, oncoming Presidential election and all. . .
Well, I can't say that I paid much attention to appointments this year either. No big ones seemed to come up. But I can say that this was not an impressive year for the Federal Judiciary in some ways. A knowledge of the nature of the law seemed quite lacking. So, to the extent that this extends out to the judiciary on a Federal national level, it wasn't a good year.
Congressional Judiciary Committees: Avoid appointments to the bench from Harvard or Yale for the entire year. Not a single one. Don't we have enough of them already? There are lawyers from other places.
For that matter, how about not appointing any sitting or retired judges to appellate benches. Branch out. You'll be glad you did.
And put a retirement age on the Federal Bench. These are public jobs for the American public, not jobs for life for one single benighted generation. Appointments for life no longer make any sense.
Country Music. If you aren't actually from the country, please sit this one out or admit you are a "pop artist". It's different.Obviously, there was no progress in "Country" music at all.
And cut out the sap, too, will you?
ISIL Open your minds up, at least a bit. And get a calendar and see what century this is.This may have proven to be the year of the Islamic State. That's who I'd put on the cover of Time, if I was doing the "Man of the Year". The Islamic State has been on the rise all year long, and the results have been horrific.
Kim Jong-un. Kim, you are on your way to being remembered as a complete clown. You could be remembered as a hero. Take the bold move, open the borders, and announce that you intend to peacefully reunite North Korea with the South by letting the Republic of Korea take over.Kim obviously didn't check in here.
You could go into comfortable retirement in Switzerland within a year, and be a hero for life. The way you are going, you are going to be remembered as one of the all time biggest doofuses ever.
People with the last name Bush or Clinton. Enough already, the country can function fine without you as President. Sit this one out, and the next several as well, and surprise people by not running forAnd people named Clinton or Bush didn't check in here either.
President.
Barack Obama. Go outside and see where you live. You are not a law school professor anymore. Yapping at people doesn't equate with action, and getting mad and assigning things to the class you can't deal with isn't going to work either. Quit studying Wilson. Study Roosevelt, Truman, Reagan, Bush I or Clinton and see how to get some things done.It seems the President didn't get my reading list.
New York: Hello New York and things New Yorkish. We still love you, but you aren't "Number One" anymore, and you haven't been for a really long time. Just because you pass a bill or collectively think something doesn't make it the up and coming thing, it probably is viewed by the rest of us as stale and a little moldy, which is how we also view New York. You are going to have to get over yourself. Your resolution is to have a little humility this year. Think of yourself as, oh. . . Labrador.Labrador, New York. Look it up.
The People's Republic of China. You can only pretend to be a "people's republic" while ignoring democracy so long. Read the history of your own country, and realize that China's always only a second away from a revolution, and take the next step to open the politics of the country up. Your excuse for not doing so is long gone. And stop acting like a 19th Century colonial power too.Well, no huge reform in China in 2015, but then its a huge country.
Pop-Tarts You know who you are, you collection of women famous only for being famous, or for your appearance alone. Stop acting like your for sale on the street and have a little big of dignity. Spend their year dressing modestly and really shock people. Read a book. Go outdoors with some outdoorsy close on. Just be something, for goodness sake.Nope. They're still at it.
Television. Hello television, you are stupid. Get an education and quit broadcasting crap.
This is particularly the case regarding anything billed "Entertainment", or that appears on "TLC". Enough already. But it applies to the rests of television as well. Time for some remedial classes.If anything, this has gotten worse.
So, all you listed here, get to work. You need to do your 2015 resolutions in 2016.
Wednesday, December 30, 2015
Persistent Myths V: Myths about religion in the Middle East
Okay, well what else?
Persistent Myth IV: Being a law unto yourself.
One I occasionally run into is the concept that a person has the right to shoot somebody on their land, if they're there without invitation. No, there is no such right. Never.
The point at which food paranoia crosses over the line
(CNN) -- There's so much to dislike about air travel. There are the long lines and the delays, and of course, there is the bad airplane food. A recent survey found that airlines have a long way to go in making their meals and snacks nutritious and low in calories.
"I don't think airlines are keeping up with the trends across the United States, the 'better for you' food trend, the organic trend," said Charles Platkin, nutrition professor at Hunter College and City University of New York. Most airlines are also failing to provide nutritional information about their menu items that would allow passengers to make the healthiest choices, he added.Yeah, well get over it.
Shoot, people don't live on the plane. A little "bad" food on the plane isn't going to kill you.
Wyoming Fact and Fiction: Old West Shootout
Thursday, December 30, 1915. Germany recognizes the Carranza government.
Bedouins in Egypt were surprised by an Allied column and retreated in disorder, leaving behind sheep, camels and tents. The loss forced their acquiescence.
Germany recognized Carranza's government.
The influence of the Germans in Mexico was a concern for the US, and was based on actual German efforts.
Last edition:
Wednesday, December 29, 1915. New Antarctic Camp.
Tuesday, December 29, 2015
The state's income increases in 2015 in spite of, and actually because of the decline of the price of oil. . .
Cheaper fuel, and high cattle prices at the start of the year, gave a big boost to agricultural income. So the state's income actually rose.
This obviously isn't expected to last, but it's an interesting illustration of cause and effect in the economy.
Wednesday, December 29, 1915. New Antarctic Camp.
Ernest Shackleton called off the march to Paulet Island and ordered the party to set up a new camp on the open ice due to deteriorating ice conditions.
TR was agitating:
Asbestos clothes?
Yup. Asbestos clothing dates as far back as Roman times.
Interesting that on the same front page the press was lauding the Germans for "cleaning up" Polish schools.
Last edition:
Tuesday, December 28, 1915. Environmentalists.
The Bonnie Blue Flag?
Monday, December 28, 2015
Tuesday, December 28, 1915. Environmentalists.
The American Association for the Advancement of Science in Columbus, Ohio voted to form the Ecological Society of America for professionals dedicated to the study and advocacy of ecology.
Allied forces began their withdrawal from Cape Helles.
Earlier I'd reported that the Allies had completed their withdrawal from Gallipoli, but in fact, that was only the ANZACs from Suvla Bay.
Luz Corral, the wife of Pancho Villa and the wife of Hipolito Villa arrived in Havana, Cuba on board the steamer named "Atenas" from New Orleans, planning on going on to Argentina to form a new life.
Villa had irregular marital unions and its difficult to determine who is who in the collection of women associated with him. The marriage between Corral and Villa had occurred in 1911, and was performed by a Catholic Priest. It's the only one recognized by the Mexican state.
The blue eyed Corral lived until 1981, dying at age 89.
Expedition leader Aeneas Mackintosh completed the first of the major supply depots on the Ross Ice Shelf for the Imperial Trans-Antarctic Expedition.
Mayor James Rolph of San Francisco officially moved the Mayor's Office into the reopened city hall that had been rebuilt following the 1906 earthquake.
Last edition:
Monday, December 27, 1915. Siding With Carranza.
Monday at the Bar: Courthouses of the West: Carbon County Courthouse, Rawlins Wyoming
Sunday, December 27, 2015
Monday, December 27, 1915. Siding With Carranza.
Wilson was allowing Mexican troops transport again:
Violations of women were going to be investigated by the US.
It's worth noting that its a universal norm that women and children suffer the most in war, indeed, in any war, as our twenty-fourth law of human behavior holds.
Storms were also in the news.
In the US, the moral conduct of American women was questioned.
Women in Carranza's forces got a story, while the Colorado National Guard was looking for troops.
A "bachelor girl" had a column.
Endurance's carpenter Harry McNash refused to work on the basis that the ship's articles were no longer in effect as the ship had sunk. While Shackleton was able to restore order, McNash would later not be awarded the Polar Medal based on his insubordination.
As an aside, McNash's cat Mrs. Chippy had to be destroyed after the ship was lost. He went on to finish 23 years in the Navy but was under constant pain, and eventually ended up destitute.
Last edition:




