Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Saturday, February 8, 2014
A couple of cold weather observations.
One of the photographs in the article is of a young couple, out on some ice, dressed for the weather. Keillor notes that "as they were raised right", they're warmly dressed. I sympathize with that statement.
The past couple of days it's been below 0F here. Yesterday, when I dropped my daughter off at school, some kids were going into school wearing shorts.
Shorts? Really, in this weather?
I know some young adults who do that too. I don't get it.
Also, as a recent observation, the national news has been full of the shocking news that its winter, and its cold.
No kidding.
This morning, on the Today Show, which I do not watch but my wife does, one of the announcers was doing a "hash tag, enough already" routine.
Well, #get a clue, winter is cold.
Postscript
-22F this morning. Now that's cold.
Postscript II
The cold must truly have set in by yesterday. For one thing, I debated whether I needed to warm up my truck or not, as it was "only -9". By the time that seems sort of warm, it's been pretty cold.
Secondly, for the first time the kids at junior high were wearing wool caps and nobody was wearing shorts. About time.
Friday, February 7, 2014
Military patrol (sport) - Wikipedia, the free encyclopedia
The Winter Olympics back in the day when some team sports were composed of military teams only, in both the winter and summer Olympics.
Thursday, February 6, 2014
Swimming Pools — NCSD Transform
Nice site on the proposed pools and the bond issue.
Here's the reason for the bond issue: "While the State of Wyoming requires that Natrona County Schools operate and maintain a swimming pool to serve the needs of the district’s high school students, it is unwilling to pay for these facilities." In other words, the state requires students have access to a pool (for safety reasons really), but won't pay for them.
If they aren't built, NCHS won't have one, and the district will arguably be immediately out of compliance with the law. That would, quite frankly, seem to invite a law suit, which isn't the district's fault really, but that's what it might do.
Midwest, which tends to be the forgotten high school in the county, has an inadequate pool, would almost certainly seem to be out of compliance with the law without a new one. For some reason, we tend to forget that Midwest even has a high school, let alone a pool, but they have both, and they need a new pool.
Here's something else worth noting:
The original proposal being discussed by the Board of Education has beenWhat this doesn't note is that without the bond issue, at least the NC pool will be gone. It sounds like the younger KW pool is in a terminal state as well. It's usable, but long term it doesn't look good for it. While some people are balking at the cost, it's important to note:
scaled back in scope and now includes the following projects:
- Replacement of NCHS’s 85-year-old
swimming pool with a new 8-lane pool, diving area
and seating- Renovation of
the existing KWHS swimming pool—including new pool equipment, plumbing,
electrical, lighting and pool deck surface—providing 8 lanes, diving area and
additional seating- Design and
construction of a new Midwest Pool with new supporting equipment, plumbing,
electrical (within the existing pool building), new roof and remodeled locker
rooms, restrooms and offices
The scaled-backNote only is it less, but frankly the idea of "one large aquatic center" to serve the needs of the district is absurd. No such central location can conceivably serve the needs of Midwest and we know it won't. Those kids won't be bused across the county for swimming. It'd take up at least half the school day, if the weather is good.
proposal for improving the district’s swimming pools is an estimated $5.8
million LESS than the cost of constructing one large aquatic center to serve
the needs of the entire district.
For that matter, swimming will drop off for both KW and NC students with a central pool. Casper isn't that easy to get around in during the day, as any Casperite knows. Students at NC, if they leave during the day, go west, not east, as that's the easy way for them to go. KW students go east for the same reason. Where could a pool even be built that would be only five or so minutes from both schools? Nowhere.
And consider the actual pools. Here's the proposal for Midwest:
Midwest Pool. A very rational sized pool, that the students there deserve.
And here's the one for NCHS. Again, this is hardly a palatial pool, although it is one that would allow NCHS's swim team to have swimming meets in their pool for the first time in many many years. Indeed, it's worth considering that should an increase in fuel costs ever cause the state to cease funding local busing, and that end up in terminating our county's unique "school of choice" system, about half the KWHS swim team would end up going to NCHS, assuming that, at that time, KW's team has a demographic similar to the existing team, and assuming that at that point in time KW still has a pool, which it very may well not, should the bond issue fail.
The real reason, of course, for the state requirement that the students have access to a pool is that their risk of dieing by drowning is reduced, a very worthwhile goal. And its that average student that the pools serve. These pools would do that job nicely, and the bond for them is well worth supporting.
Wednesday, February 5, 2014
Marijuana and statistics.
February 5, 1914. Arming Villa.
What could possibly go wrong?
Interesting effort at prohibiting divorce after remarriage as well. In an era when shacking up was generally illegal, that would have had real implications.
Seems harsh to most, I suppose (although I'm not sure that I don't agree with the proposal, which of course went nowhere, and would go nowhere now).
Prince Abdullah I bin al-Hussein, son of Hussein bin Ali, Sharif of Mecca, met with Herbert Kitchener, British Governor General of Egypt and the Sudan, in Cairo. While the Great War had not yet arrived, the topic was potential British support against the Turks in response to their moves against Hejaz, which was independent at the time, but which was unfortunately absorbed by Saudi Arabia after World War One.
The British were no committal, but communications were kept open.
Alistair MacKay and three other members of the shipwrecked Canadian Arctic Expedition left their camp with a full stocked sled of supplies in an effort to find land. They were spotted three days later by Karluk ship steward Ernest Chafe and the Inuit members of the party who were on a return mission from Herald Island. They had been checking on a four-man scouting team. Thereafter, they were never seen alive again.
Monday, February 3, 2014
Bob Dylan on a Super Bowl Ad?
Not that it was bad. Indeed, it was sort of cool. And it was Chrysler, and I like Dodges.
But still.
Best ad that I saw (and I didn't see them all) was the Chevrolet advertisement hauling the bull to the cows.
Sunday, February 2, 2014
Passing by the National Passtime
It's not that I'm opposed to football, although I am a bit concerned about the developing consensus that concussions associated with it can have a lifetime impact. No, as I blogged here earlier, I just can't get into it for some reason.
I've tried. If you don't follow football you are the odd man out on some conversations. And people regard ti as strange, or just flat out don't believe it. Twice in the last several months I've been in conversations with groups of lawyers from all over the country when football came up, and I literally knew absolutely nothing about what people were talking about.
In those conversations, if you live here, it invariably is stated; "so you must be rooting for the Broncos, huh?" No, I'm not. I don't care who wins. Indeed, even though last weekend or whenever it was I knew who both teams were, I had to be reminded on Friday that the Seahawks were the other team. My interest level is so low, I can't even remember who the other team is. And I'm not rooting for them either.
I do find it a bit odd that everyone assumes that Wyomingites are automatically Broncos fans. Why would that be true? I guess its because it's the closest professional team. But, while things have changed over time, it used to be common here that people would make sure to note that Wyoming isn't Colorado, and that a lot of things associated with Colorado, particular a large metropolitan area, we do not want associated with us. As I've stated, things have changed and that's no longer as common as it once was, but even back then it seemed most Wyomingites were Broncos fans.
I'm fine with that, I'm just not one. Or a Packers fan. Or a Steelers fan. Or whatever.
I wish I was. I've tried to follow football so that I could at least participate in these conversations, but it's impossible. I can't do it. At least this year I was in one of these group conversations where another lawyer, who had grown up overseas of American parents, stated he couldn't follow it either, passing that off to not growing up here. I've given up trying.
I'll see the game, as my wife is a football fan and makes sure we always watch it. Some years we'll travel to a party to watch it. I'm glad that we are invited, but I've actually had the experience of sitting through an entire party that way and not knowing who won.
Sooner or later, I'm sure, some pharmaceutical company will offer a remedy for this condition, with all sorts of risky side affects.
Today is a poor day for Outdoor Fitness
Saturday, February 1, 2014
The Big Speech: The War Poetry of Alan Seeger
I have a Rendezvous with Death
I have a rendezvous with DeathAt some disputed barricade,
When Spring comes back with rustling shade
And apple-blossoms fill the air—
I have a rendezvous with Death
When Spring brings back blue days and fair.
It may be he shall take my hand
And lead me into his dark land
And close my eyes and quench my breath—
It may be I shall pass him still.
I have a rendezvous with Death
On some scarred slope of battered hill,
When Spring comes round again this year
And the first meadow-flowers appear.
God knows 'twere better to be deep
Pillowed in silk and scented down,
Where love throbs out in blissful sleep,
Pulse nigh to pulse, and breath to breath,
Where hushed awakenings are dear . . .
But I've a rendezvous with Death
At midnight in some flaming town,
When Spring trips north again this year,
And I to my pledged word am true,
I shall not fail that rendezvous.
Friday, January 31, 2014
A glimpse at the judicial system in other nations
ROME—Italy's highest criminal court on Tuesday overturned Amanda Knox's acquittal in the slaying of her British roommate and ordered a new trial, prolonging a case that has become a cause celebre in the United States.
Knox called the decision "painful" but said she was confident that she would be exonerated.
Italian law cannot compel Knox to return for the new trial, and her lawyer said she had no plans to do so. The appellate court hearing the new case could declare her in contempt of court but that carries no additional penalties.
Postscript
Once again, I haven't really been following this case, but yesterday the verdict in the second Knox case was rendered, and she was convicted again.
I'll confess that this time, while I'm not questioning the Italian justice system, I'm baffled about the procedure. The original trial seemed to feature some sloppy prosecution to me, but then Knox's evolving versions of events, including implicating an innocent man, were questionable too. But the overall procedure is really baffling.
The original trail was held at Perugia, followed by an appeal to a court in Perugia. The first appellate court overturned the murder conviction (she was also convicted of slander). That would have ended the matter, had this been an American, English, Canadian, Australian, etc. court. But there was a second level of appeal in Italy, and that appeal went to the Italian Supreme Court.
The Italian Supreme Court apparently vacated the Perugia appellate ruling, which is not the way I'd originally understood that holding, and sent it back to the lower appellate court for a second hearing, but this time at Florence. Somehow, new evidence was taken in at the appellate level, by order of the Italian Supreme Court. That's a complete impossibility under the Common Law system we use. Apparently the Italian intermediate appellate court can act, in at least some circumstances, act as an intermediate trier of fact as well as an appellate court. It's apparently even the case that the prosecutor in the second intermediate appellate proceeding, used a different motive as his theory of the case. Anyhow, that court not only reinstated Knox's conviction, but it increased her sentence from 26 years to 28.5.
A very large part of this process would be rampagingly Unconstitutional in the US. The first appellate decision would have ended the whole case. To subject a criminal defendant to a second fact finding proceeding would be double jeopardy. To those familiar with Common Law courts, this is extremely alien. I'm frankly quite glad that we do not use this system.
Which isn't to say that its inherently unfair. Code Napoleon trials are more in the nature of factual inquiries than they are adversarial proceedings, and the court acts as a fact finder. Still, it seems rather protracted and messy.
Postscript II
Worth noting here in addition, there is a person serving time in Italy for this crime, Ray Guede. He's apparently admitted to being in the house at the time of the murder, and he's implicated Knox as being in the house, but apparently hasn't blamed her or anyone else for the killing, although he continues to deny that he committed the murder.
Today In Wyoming's History: Wyoming History In The Making: Janaury 30, 2014. ...
Pete Seeger passes and a lesson on presumptions of inevitability.
By that I'm not trying to dump on Seeger. Seeger was pretty open about his views and never hid his past. And it'd be downright silly to criticize the musical quality of his work based on politics at any one point in time. And frankly it's also not really fair to judge a man on his early politics either. You have to take the sum total of a man's life in order to consider it. Maybe you have to take the last part of it really. Plenty of mighty sinners become saints. And plenty of people with early questionable views change them or they evolve into something else. Take, for example, the recent example of Nelson Mandela, whom some people were supporting due to the ANC's early traveling with Communist. Well, Mandela's later life certainly counters any suggestion that he retained any Marxists lessons and his record as a free world leader is where he should be judged. Or, to take an early example, consider W. E. B. Dubois, the great American civil rights leader. At one time he sympathized with Communism. Asked about that later, he gave one of the great all time responses to such a question, that being "Only a fool never changes his mind." Du Bois himself remained a species of Socialist his whole life, openly, which certainly does not diminish his greatness in any fashion.
Now, 40,000 people isn't really a lot, but for a start up party it is, and they were a serious group. Who were they?
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Or, maybe that's just me. A music can have merit, and the better music by Seeger certainly does, without everyone liking it.
Seeger's appearance in front of the committees sort of shows its interesting evolution. Early witnesses in front of the committee, in the 1940s, were really called there as the government had acquired a fair amount of information on Communist operatives in the US, and the FBI and NSA was feeding that information to the committee, even if the committee didn't really know that. The NSA in particular couldn't reveal that it had tapped into Soviet cables without blowing its cover, and it didn't reveal it until the 1990s. At any rate, the early witnesses were individuals like Whitaker Chamber and Alger Hiss, and others, who were actually involved in espionage. By the time Seeger was a witness, however, the committee had expanded its inquiries to be so broad as to include the entertainment industry. At the time that probably seemed legitimate to it, and the thesis was likely that it was looking for Communist influence there. If there was any Communist influence there, it wasn't very successful as it'd be hard to find a really pro Communist film on anything up to that point which had been produced clandestinely. It was about this time that the committee began to loose legitimacy in the eyes of the public, although not only due to this. In part, however, the calling up of entertainers in the 1950s who had been Communist in the 30s or 40s, or perhaps just left wing in that period, looked rather odd to an increasing number of people.