Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Friday, July 7, 2023
Put On A Broad Brimmed Hat (and keep a real shirt on).
Thursday, July 6, 2023
Dead & Gone in Wyoming: Indigenous.
Interesting and horrifying to listen to.
- Dead & Gone in Wyoming: IndigenousThis month’s episode focuses on the issue of Missing and Murdered Indigenous Women. Native women are killed at a rate up to 10 times higher than the national average, and 84% will experience violence in their lifetime. Cases from this episode come from Wyoming’s only Indian Reservation, one of the largest in the country, along with some hopeful commentary that this issue might be resolved. Dead & Gone in Wyoming is written, produced, and narrated by Scott Fuller. Fuller is also the host of the Frozen Truth Podcast. Dead & Gone in Wyoming is made possible by the Hampton Inn and Suites in Riverton, Wyoming. For more Wyoming podcasts, follow 10Cast. To support Dead & Gone in Wyoming on Patreon, click here.
- 34 min
- Dead & Gone in Wyoming: IndigenousThis month’s episode focuses on the issue of Missing and Murdered Indigenous Women. Native women are killed at a rate up to 10 times higher than the national average, and 84% will experience violence in their lifetime. Cases from this episode come from Wyoming’s only Indian Reservation, one of the largest in the country, along with some hopeful commentary that this issue might be resolved. Dead & Gone in Wyoming is written, produced, and narrated by Scott Fuller. Fuller is also the host of the Frozen Truth Podcast. Dead & Gone in Wyoming is made possible by the Hampton Inn and Suites in Riverton, Wyoming. For more Wyoming podcasts, follow 10Cast. To support Dead & Gone in Wyoming on Patreon, click here.
- 34 min
Western angst and spinning history.
I don't know if it was the anniversary of the raid, or what, but my Twitter feed for some reason picked up a link to a story about a large raid by the Barbary Pirates on the coast of Ireland. In 1631 the pirates raided Baltimore, Ireland, in the County of Cork. The town was not large, but between 100 and 300 of its inhabitants were abducted. Only two made it back to Ireland, in part because the English government had just enacted a law which forbid paying ransom, which was often the goal of such raids.
The article that was linked in was scholarly, and noted that what would have occured is that, for the most part, children would have been separated from their parents and everyone sold into slavery when it became obvious that they would not be ransomed. The male slavery would have been of the grueling work variety. Women would have largely been sold as sex slaves, which the articles like to call "concubines".
The reason that I note this here is that the author, again it was a scholarly article, felt compelled to blame the raids on the Spanish expulsion of the Moors from the Iberian Peninsula. That process has commenced in 1492, and it was completed, effectively, in 1614. The entire period wasn't a peaceful one, and in the Mediterranean various nations raided each other.
The final stages of the story are more complicated, in Spain, than might at first be imagined, as by the 1600s the "Moriscos" weren't actually Muslim, but rather Spanish descendants of Berbers and Arabs who were Catholic, but who retained Berber/Arab ancestry. Some claim they were "crypto Islamic", but more likely they were Catholics who retained some folk connection to their ancestor's prior religion. Indeed, it'd be worth noting that Islam itself has a murky origin connection with Christianity, and this may have been confusing at the street level. Anyhow, the last stages of this seem to be an ethnic spat, but it did have the effect of expelling Moriscos to North Africa, where they were absorbed ultimately into the local population, or to distribute them across Spain where the same thing occured.
Anyhow, blaming the Baltimore, and other Barbary Pirate, raids on this event is stretching it. I suppose you could argue that the general belligerency of the Mediterranean contributed to the raiding atmosphere, and both sides did that, but that traces back to the rise of Islam in the first place, which was spread by the sword. That this process went on, in one fashion or another, for a thousand years, and in some cases to this very day, does not mean that much except that the long arch of history and the fact that events play out over decades or centuries is the rule, and only seems to be odd to us, as we're used to everything occurring rapidly.
Anyhow, the author claimed that the children were treated with "utmost kindness". Really? Separating them from their parents, sending their fathers off to early grueling slave induced deaths and selling their mothers as sex slaves? And then they'd end up slaves themselves, with boys often ending up enslaved soldiers and girls. . . sex slaves.
What BS.
The same author claimed that the women were sold into "concubinage", which is sex slavery in this context, and lived lives of "relative luxury", as if this weird image of the Playboy ethos had the women looking forward to this life of chattel status while they still retained their desirability. The reality of it is that they had value as they were exotic, and bought for their physical attributes alone.
Why this story has to be spun in this fashion is really remarkable. We're supposed to feel some guilt for the story of the kidnappers and slavers, and even look kindly upon some of the grossest examples of slavery that are around.
None of this is to excuse Western conduct, whatever might be sought to be excused. Slavery was common amongst all Mediterranean societies, Christian and Islamic, but what played out with the Barbary pirates was not. They engaged in slave raids, and forced sex slave status of captured women was endorsed by the Koran, although frankly probably not really in the form that was practiced here (it likely applied to women captured as a result of warfare, not that this makes it a lot better). Putting a gloss on any kind of slavery, moreover, is bizarre. When people attempt to do that, as many once did and a few still try to do, in regard to American slavery, we're rightly appalled. This isn't any better.
The West has had a hard time reconciling an imperial past with its democratic values, and one way it tries to cope with it is by making Westerners always be the baddies. The story of empire is a complicated one, but the 100 to 300 inhabitants of Baltimore didn't have much to do with it, and neither, really, did the Barbary pirates. Slavery was always bad and this sort of slavery gross. Kidnapping people is always bad. There are always bad people. The Barbary Pirates don't need to be portrayed as if they're Captain Morocco, or something, in a Marvel movie.
Wednesday, July 5, 2023
Blog Mirror: NPR Politics, Mitch Landrieu, The Man Biden Hopes Can Rebuild America, Bring Broadband To Millions
Interesting episode of NPR's politics which actually has a somewhat deceptive caption:
Mitch Landrieu, The Man Biden Hopes Can Rebuild America, Bring Broadband To Millions
This discussion on the Internet having become a necessity is probably correct. It's also, frankly, at least to me personally, depressing.
The comparisons to the Eisenhower Defense Highway funding or the New Deal programs is interesting. The comparison that came to my mind was with the cooperation with the railroads to build the Transcontinental Railway, which I guess is something we've just forgotten about. An interesting example, I suppose, of the American System.
July 5, 1943. The Battle of Kursk commences, as does the Battle of Kula Gulf. Betty Grable marries.
Shrouded and myth and legend, not all of it true, the Battle of Kursk, the largest armored battle in history. . . so far. . . began when the Germans launched an attack on the city with 20 infantry divisions and 3,000 tanks. The attack was part of the German summer offensive, Operation Citadel.
The battle would go on for nearly two months. Seemingly like a lot of big battles in the middle of World War Two which the Axis lost, it is considered by some a turning point in the war.
In real terms, it is not impossible, although it is unlikely, that those alive today shall see a yet greater armored battle.
The battle is important for numerous reasons, not the least of which was that it is stunning to think that at this stage of the war the Germans would be capable of launching such a massive effort on the Eastern Font, and yet they were. Indeed, that was part of the point, as the Germans hoped that a successful operation would bolster the wavering attitudes of Germany's allies, which were known to be considering pulling out of the war.
Operation Citadel itself, in spite of its massive scale, had surprisingly limited objectives, and perhaps is reflective of a growing sense of realism, somewhat, in some German quarters. The Germans did not hope for a breakthrough, but mostly to disrupt the Red Army's plans for the summer and to take large numbers of Soviet POWs, which in turn it would have employed as slave labor.
While this battle shall of course feature in the next month or so, in reality the turning point of the war had already come. The Germans had already lost the Battle of Stalingrad, North Africa, and the Battle of the Atlantic, all within the prior several months. This battle was an enormous effort, but the Germans were not capable of reversing the tide of the war at this point.
The Battle of Kula Gulf off Kolombangara in the Solomon Islands. between the U.S. and Japanese navies, commenced as the US Navy deployed to disrupt the landing of Japanese reinforcements. The battle was a nighttime battle, and the Japanese succeeded in landing 1600 troops at Vila and 90 tons of supplies, to the loss of four ships. The US lost a light cruiser.
A B-17 dropped four inert bombs on Boise, Idaho, which it mistook for its practice target. The event is memorialized by a park in Boise today.
Betty Grable married bandleader Harry James.
Thursday, July 5, 1923. President Harding departs for Alaska.
President Harding boarded the USS Henderson for Alaska, departing from Tacoma.
The Henderson was a troop ship.
Tuesday, July 4, 2023
Doing Everything Wrong (Be careful out there on the 4th)
Legacies of different types.
Since the U.S. Supreme Court's ruling striking down affirmative action in university admission as violative of the 14th Amendment, which it clearly was, attention has suddenly been focused on "legacy" admissions into Harvard.
It should be, and frankly the inordinate influence of Harvard should be in focus as well.
Let's start with legacy admissions.
Legacy admissions are the admittance of the children of prior graduates. Perhaps it's cynical, but the reason for it is obvious. If graduates of Harvard go on to earn big bucks, and most will, Harvard, a private schools, wants some of those bucks to come Harvard's way. The grads buying into admission for their children, so they can also have their ticket's punched and be rich, are what legacy admission is all about.
If you take Legacy admissions away, some of those grads will keep their money instead.
Harvard, Yale, Princeton, etc, are all private schools and can do pretty much what they want in this category. So contrary to what some are now suggesting, legacy admissions are clearly not illegal. The same Constitutional provisions that preclude race from being a factor in admission don't apply to rich parents.
It is unfair, of course, and it does just what its critics claim it does. It reinforces the WASP demographics of these WASP institutions and gets students in who aren't of the same academic caliber as some of the other applicants.
Well, that's unfair, but that's life too.
Also unfair, however, is that graduating from one of these schools is just graduating into wealth. You can pretty much choose to do not much and make a really good living just because you went to them. And they have a lock on government appointments.
Of the current U.S. Supreme Court justices, only Amy Coney Barrett, Notre Dame, is not a Harvard or Yale Law School graduate. Are Harvard and Yale really that much better. I really doubt it.
There's all sorts of left wing hand wringing and angst over the Supreme Court right now. People like Robert Reich (Yale Law School, 1973) are full of cries that the right wing justices suffer from ethnics deficits. While Reich, to his credit, did write an article awhile back wondering what the crap had happened to the Ivy League as some of the big annoying figures on the political right are also Ivy League grads (Ted Cruz, Harvard Law School), what you simply don't hear is something you should.
Let's have a twenty-year ban on government appointments out of the Ivy League.
Yes, I mean that.
Thirty would be better.
If you want diversity on the Court, for example, appoint some justices who came out of state universities. We've had them before, and low and behold they were just as bright as the Ivy League grads. They'd also be more likely to have a diverse view on things compared to those who gradated from The Golden Ticket school.
And frankly, I feel the same way about other government appointments. Harvard? Yale? The old boy network will take care of you just fine. It's private business for you.
Of course, this won't happen. The Ivy League has a lock on this.
Discovery, in more than one fashion.
Reading about a lawsuit and actually knowing what is going on in it are two different things. For that reason, you have to be really careful about any press reports you read about litigation. They're often pretty far off the mark and often filtered through the reporter's perceptions, which almost always are ignorant as to the law and what's going on in litigation.
This odd headline from the Cowboy State Daily brings this up.
Abortion Advocates Say Wyoming Can’t Defend Its Ban Because Of Rape, Incest Exemptions
Reading between the lines, what seems to be the case is that the plaintiffs served discovery on the State seeking to show that the statute in question wasn't rationally related to a legitimate state purpose. From reading it, it's a pretty desperate effort which would demonstrate that 1) they think they're going to lose, or 2) its throw away discovery. I'd guess No. 1. They're now fearful that the state is going to be able to prove that the statutes are rationally related to a legitimate state purpose. So, the effort now is to show that laws which leave out those conceived due to rape and incest are inconsistent with the purpose of valuing all human life (they are), and that some of the legislators were motivated by their religious beliefs (they probably were).
Things are, in this context, that doesn't matter.
It might be, and I'd argue, is inconsistent. But lots of laws are, and the inconsistencies here don't matter from a legal prospective. Moreover, if they do, it'll bring about a stricter law in short order. The Plaintiffs hope that they can defeat that on the basis that murder isn't healthcare, and of course, they're defending murder.
That would argue for repeal of the Wyoming constitutional provision that was in fact a really stupid addition to the state's constitution, but it would also perhaps pave the way forward. The argument would be, yep, this isn't about health care, it's about murder, and therefore the unfortunate paranoid addition to the state's constitution doesn't apply.
The fact that we're now at this stage I think shows that the judge was in error in not just certifying this entire thing to the Wyoming Supreme Court. I thought she should have. Of course, she's now taking in evidence which may make it difficult for her ultimate ruling to be appealed, in which case the wisdom of her approach will be proven.
Regarding wisdom or lack of it, I continue to be amazed, to a degree, by the extent to which supporters of abortion use language that fails to really get to the core of things. Some of it is just because they don't wish to admit it to themselves, and some of it is because they haven't thought it out. At the end of the day, however, what suits like this are based on, or the spouting of liberals like Robert Reich are based on, is the thesis that we're the centers of the universe. Nothing is more significant than us, therefore we can murder. That's pretty much it. We can define what lives are worthy of life, and which are not, simply because we're what counts and all that counts.
One of the irony of arguments like that is that some of those making them are people who fit into categories which, less than 100 years ago, were deemed in some quarters not to count, and therefore were killed.
Sunday, July 4, 1943. First Broadcast of the Armed Forces Radio Network.
American Armed Forces Radio Network began broadcasting from the United Kingdom. While the organization had been formed in 1942, this was its very first broadcast.
Subhas Chandra Bose became president of the Indian Independence League at its meeting in Singapore.
Władysław Eugeniusz Sikorski, Prime Minister of Poland and former Polish army officer, and the then head of its government in exile, died in a plane crash at Gibraltar. While the British ruled the crash an accident due to mechanical failure, suspicions remain that it may have been sabotage.
Wednesday, July 4, 1923. Boxing, Parades and Sabotogue.
Then, as now, it was the 4th of July holiday, and all the usual events occured, including parades and events of all sorts.
This event happened at Takoma Park, Maryland.
In the West, numerous rodeos were held, but in Shelby, Montana, something else was tried Jack Dempsey fought Tommy Gibbons.
Shelby was a small oil town and only about 7,000 of the 20,000 spectators paid to see the fight, causing a large financial loss to the promoters. Some of the deficit, like that of the much later major event of Woodstock, would be made up by promoting a movie of the event.
A crowd of up to 200,000 attended a Ku Klux Klan rally in Kokomo, Indiana in what may have been the largest rally in its history.
The Klan was very strong in Indiana at the time.
Stunt pilot B. H. DeLay died when his plane, later thought to be sabotaged, crashed. Passenger R. I. Short also died in the event, which occured at Venice, California.. DeLay had been involved in a heated dispute over an airport, but no suspects were ever arrested for sabotage to his plane.