Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Friday, September 19, 2014
Scotland votes No.
The United Kingdom of England, Scotland, Wales and Northern Ireland will continue to be. As was really self evident, a "Yes" vote for independence would have meant the end of the United Kingdom, leaving it effectively the country of England with two much smaller nationalities appended to it.
Good for the majority of Scottish voters, who recognized that it is their country, and in the modern world, a Scottish separation from the United Kingdom would not have made political, national, historical, or economic, good sense.
Thursday, September 18, 2014
Computerization, Transportation, Globalization, and the loss of the local
Friday, September 18, 1914. The Irish government and two acts.
The Government of Ireland Act received royal assent, but was suspended for the duration of the war by the Suspensory Act.
Last edition:
Thursday, September 17, 1914. German New Guinea surrendered to Australia.
Wednesday, September 17, 2014
Thursday, September 17, 1914. German New Guinea surrendered to Australia.
German New Guinea surrendered to Australia.
Last edition:
Wednesday, September 16, 1914. The Siege of Siege of Przemyśl commences.
Mid Week At Work: Enduring investigation.
Caption reads:
Navy's crack speed pilot faces Senate Committee seeking reason for resignation. Lieut. Al Williams, crack Navy speed pilot who recently resigned rather than accept a transfer to sea, appeared before a special Senate Naval l Affairs subcommittee today. The committee is investigating the reason for the resignation of the noted pilot. In the photograph, left to right: Senator Patrick J. Sullivan, Wyoming; Lieut. Williams; Senator Millard E. Tydings, Maryland, chairman; and David S. Ingalls, Assistant Secretary of the Navy for Aviation
Tuesday, September 16, 2014
University of Wyoming Women's Rugby: Wyoming v. U...
After seemingly picking on (but not intending to) American football the past few days, I offer these recent photos I took of women's rugby at the University of Wyoming.
I don't have a clue what the rules are, but rugby is really fun to watch, and I've always liked it. This is the first time, however, I've seen the women's team at UW in action.
It's a fast moving game, which is part of what I like. It shares a common ancestor with American football, but to those of us who are big fans of it, American football seems slow. Rugby is a much faster paced game.
Played without padding or helmets, it's also one which features a lot of injuries, but it doesn't seem to share the same percentage of really severe injuries, perhaps because of the lack of armor in the game.
Rootless
Rosalind: A traveler. By my faith, you have great reason to be sad. I fear you have sold your land to see other men's. Then to have seen much and to have nothing is to have rich eyes and poor hands.
Jacques: Yes, I have gained my experience.
Rosalind: And your experience makes you sad. I had rather have a fool to make me merry than experience to make me sad--and to travel for it too.
Random Snippets: Trivial questions on the news.
Wednesday, September 16, 1914. The Siege of Siege of Przemyśl commences.
The Siege of Siege of Przemyśl began in Eastern Galicia where the Imperial Russian Army put an Austro Hungarian force under siege.
Today the city is on the Polish, Belorussian, border.
The Canadian Aviation Corps, which would exist for only a year, was created as a training element for Canadians seeking to enter the RAF. At the height of their operations they had three men and one airplane.
Allen Funt of Candid Camera fame was born in New York.
Last edition:
Tuesday, September 15, 1914. Wilson: Vámonos. Beyers: Ek het opgehou.
Monday, September 15, 2014
Monday at the Bar: Lex Anteinternet: Mid Week at Work: Annual Shad Bake, Bar to Bench,...
Do they still have the Shad Bake?
New feature (at the bar refers to the admission to practice law, not a bar serving drinks). And yes, this photo is recycled.
Sunday, September 14, 2014
Football and Injury
This is the start of the year where high school football becomes a bit deal for a lot of people, and its of course closely followed by parents and siblings who have family members playing football. That's fine, and to be expected. It's also the season where old alumni follow the games of their old schools, including high schools, and of course universities.
One of the things I've noted before in regards to this is that the best evidence is that American football has a hideous head injury rate. Frankly, playing football is very dangerous for youth. It simply is. It amazes me, as an observer, how adults will worry a great deal about injury from activities that a person is highly unlikely to be injured at, and not at all from one where the injury rate is high. I've heard, for example, parents worry about kids becoming interested in shooting sports, but at the same time feel that football is just fine. A person is much more likely to be injured playing football that shooting or hunting.
I'm not campaigning for something here, but I'm making this post to note that the National Football League has released a study that finds 30% of its players will suffer from Parkinson's or Alzheimer's, with the suggestion being that this is due to game related head injuries. To be fair to the NFL, almost every single player in the NFL was a college player and a high school player before that.
Now, I'm not saying that we should ban high school football, or college ball. But as a person who is so disinterested in football that I just can't follow a game no matter how hard I try, I have to admit that every time I see a young person I know suited up in a football uniform, it inspires concern in me.
Seems pretty self evident that the head injuries associated with this sport are a present danger to the players, and that needs to be addressed right away. No amount of grid iron glory will seem worth it when a person starts to suffer neurological deficits.
Random Snippets: Out of touch
Right now, the news is full of stories about a football player, last name of Rice, who was caught on camera beating up the woman who is now his wife (I don't know if they were married at the time). The themes of that is what the NFL should do about that.
Now, I think it's horrible that he beat up his wife or girlfriend, but beyond that its one of those things that actually surprise me that its such big news. I don't approve of that conduct at all, but what that means, it seems, would self evidently apply pretty much to him and her, and maybe society in general in terms of domestic abuse being horrible and it should be stopped. But does the NFL as his employer have a unique duty here? I really don't know why it would, unless every employer does. That is, if I learn that somebody beat up their spouse, and I honor bound to fire them? I hadn't thought that I was unless it was on company time. Maybe this incident was on NFL time? I don't know. I do know that in my role as a lawyer I've learned of plenty of reprehensible behavior that I find personally repugnant at all sorts of levels, but unless they were on company time for somebody I hadn't thought that required the person to be fired. Does it? Does the NFL have a morals clause in its contracts (now nearly a thing of the past)? I have no idea.
Is this even a football player people have heard of? I don't know the answer to that either.
Secondly, recently in the news there's been a huge outbreak of female personalities complaining about their private images (you can fill in the details here) being released. I don't know who most of those people are, although in a couple of instances they're apparently well known singers. No idea. Now I've heard their songs, and I'm not impressed.
Likewise, recently the big song of the summer seem to be a song called "Fancy". Now, I've heard that. But why is this song so nifty. Don't know the answer to that either. For that matter, having listened to it on the radio prior to seeing any images of the songteuse, I assumed, quite incorrectly, that the singer was probably an American, and probably an African American from an urban background, given the accents deployed in the song. Nope, she's an Australian. I have to wonder if African Americans find this offensive. I would. She's co-opted a black musical style and affected an urban African American accent.
Isn't that a little offensive somehow? Are people offended. And doesn't that pretty much mean that rap must truly be passe? No offense to Australians intended, but if young Australian women are carrying the banner for hip hop, the genre has obviously moved on.
Finally, at our house, a movie about the filming of Mary Poppins has been getting a lot of air time. Showing that I'm not just out of touch on current events, but on lots of stuff, I don't have a clue why that would be interesting as a topic. I've never seen but a few snippets of Mary Poppins, the film, in the first place, and it looks boring. A movie about it would seem to be doubly boring.
Sunday Morning Scene.
From Churches of the West: St Peter and St. Paul Orthodox Church, Salt Lake City, where there's more text on the same.
Tuesday, September 15, 1914. Wilson: Vámonos. Beyers: Ek het opgehou.
President Wilson ordered American forces out of Veracruz.
The pro German Boer Maritz rebellion started in South Africa when Commandant General of the Union Defence Force Christian Frederic Beyers resigned from his commission in protest of the South African government's decision to provide military support to the British Empire.
Beyers, along with General Koos de la Rey then traveled to the armory at Potchefstroom to meet with commanding officer Major Jan Kemp. De la Rey was killed by police fire on the way.
Allied forces in France commenced digging trenches, the first ones dug in the Great War.
Gertie, the Wonderfully Trained Dinosaur, premiered.
Unlike the advertisements, it was in black and white.
Last edition:
Sunday, September 13, 1914. Improved Allied Positions In The West.
Saturday, September 13, 2014
Scottish Independence?
This upcoming week we may see Scotland acquire something it hasn't had since the 18th Century, that being Scottish independence. If a majority of Scottish voters vote "yes" on a referendum on September 18, Scotland will resume independent status and the United Kingdom will shrink to just being England and Wales.
Let's hope Scottish voters take a page from the Quebecois and vote "no". Its a terrible idea.
Yes, the Scots remain a separate culture, but even before de jure unification the Scots, English and Welsh people had been so closely associated with each other, as they would have to be given that they all share a single large island, that the intertwining of their destinies was inevitable. They've so impacted each other that they are a British people, with separate, but not that separate, national identities. They further share a common history, and like or it or not, they'll continue to share a common fate as they move forward. It'll be easier to deal with that fate together, rather than separately.
It'd be a shame to see the United Kingdom cease to be that. Here's hoping that Scotland remains in it.
Thomas Berger passes
Berger was the author of Little Big Man, a great novel and one of my absolute favorite. Even though I'm engaged, slow motion, in trying to write a historical novel (for which this blog is supposedly research), I read very few novels of any kid. But this is a great one.
Most people familiar with this title are probably familiar with the now dated movie. I like the movie, but in some ways the movie hasn't passed the test of time. The book, however, certainly has. It serves the function that the best historical fiction does, acting to illuminate the truth of which the fiction is based. Its great.
I haven't read any of Mr. Berger's other novels, including the 1999 sequel to Little Big Man, which was well received. I may read at least that latter novel. At any rate, however, if Mr. Berger had contributed only one book to the American library, Little Big Man would ahve been a great addition.
May he rest in peace.
Repeating History. Learning from the Crusades
Sunday, September 13, 1914. Improved Allied Positions In The West.
British forces crossed the Aisne at night.
The French retook the villages Pont-à-Mousson and Lunéville bringing the Battle of the Frontiers to an end. Some of the front in the northeast would thereafter remain stable until 1918.
Stallupönen (now Nesterov) fell to the Germans in East Prussia.
Belgian troops returned to Antwerp.
Irish nationalist Roger Casement, who at one time had been a British diplomat met with German diplomat Franz von Papen in Washington D.C. to seek Germany's support for Irish independence.
The survivors of the Karluk arrived in Nome.
Last edition:
Saturday, September 12, 1914. French and British victory at the Marne.
Friday, September 12, 2014
UW College of Law Survey - UW_College_of_Law_Survey_Results.pdf
Recent results of a Wyoming State Bar poll on the University of Wyoming's College of Law.
The comments are really interesting, but not uniform at all. Frankly, I don't know what a person could actually derive from these comments.
On the Anniversary of September 11, 2001. . . how well have we done?
We've been guilty of that many times in the past century. During World War Two the Italians proved themselves not to be our enemy, as they abandoned their own government and acted in Italy's best interest by abandoning the Fascists. Even now we hear some people claim that during that same war it wasn't the Germans, but the Nazis, who were our enemy in Germany, even though the evidence is well established that the German people were complicit in Germany's crimes. During the Vietnam War was our enemy the Communist in the north, or Vietnamese nationalism? That topic is still debated. In the present crisis that started thirteen years ago is our enemy Al Queda, or is it something broader and deeper? Or have we made it somehow broader and deeper through our own errors or omissions, or simply because War Changes Everything? We should ask these questions now.
What so angered them, we must ask, about the US that it determined to murder innocents in a building and earlier attempted to sink the USS Cole? Just having troops on the Arabian Peninsula did that. And they were there because we'd gone to the aid of Kuwait when Baathist Iraq attacked and attempted to annex it.
Baathist Iraq was a strictly secular regime, tolerating all religions, or none at all. It wasn't culturally tolerant, but rather universally culturally repressive. It was far from a model of democracy, and was more of a model of retained fascism in a way, which oddly enough made it an enemy of Al Queda, who called the Baath Party "the communist", which they weren't. There was indeed an Iraqi Communist Party, but the Baath Party, like all fascists parties, suppressed it. So one would think that Al Queda would have welcomed the U.S. role in that first fight against Iraq, but it did not. It abhorred the thought of "infidels" on what it regarded as the holy soil of the Arabian Peninsula.
Or, perhaps, indeed probably, it feared the thought of what a western democratic people would mean to the oppressed population of Saudi Arabia, a region which in antiquity had populations of Christians and Jews, but which was locked up in Sunni fundamentalism under a kingdom. So, to try to end this affront, it determined to wage a terrorist war against us.
Al Queda, having aligned itself with the Taliban regime in Afghanistan, found it self in an enviable position prior to 9/11. In the catbirds seat with the support of a regime of Islamic "students" (the meaning of "Taliban") it seemed safe and secure. It decided to go bold, in an act it through would take down the American economy. It showed itself naive, just as the Soviets had with an earlier secret plan that also would have struck the New York financial district. And it didn't properly gauge the American reaction. We, of course, went to war there, and largely eliminated it. But didn't eliminate it completely. And now we find its strain of thought weaving itself through individual Afghans, and it seems somewhat on the rise there. So, did we achieve our initial aim there? It would seem we did at least in part, although we also seem ready to quit the fight and leave Afghanistan with no modern institutions, which it has largely lacked since the 1970s at least. We best rethink this.
We also went into Iraq, and that seems now to be a clear error.
It was frankly a misguided effort to start with. The war in Iraq had nothing at all to do with Al Queda, which despised the Baath regime. And Al Queda wasn't hte stated aim in any event, but the elimination of chemical weapons we believed held by Iraq and which the Iraqis stupidly wouldn't confirm they lacked. The Iraqis guessed badly, having been lead to believe that we would not topple the regime as we had not done so in 1990-91 and we hadn't supported the uprising against the regime thereafter. They failed to appreciate that American administrations, and therefore goals, change at least every eight years.
Defeating the Baath regime proved to be easy, but what we did not anticipate is that the vacuum in the regime's power would be immediately filled by contesting Islamic forces, including Al Queda in Iraq, which is now known as the Islamic State in Iraq and Syria or the Islamic State in Iraq and the Levant. With the war against Al Queda in Afghanistan hardly even commenced, Al Queda remained more than powerful enough to support regional splinter groups and it did (and does). One of these was Al Queda in Iraq, which commenced a guerrilla war against the coalition forces.
Al Queda in Iraq was a bit different than Al Queda. Fighting successfully in the field against the coalition at first, it came to dream of establishing a Caliphate immediately, not some day. It, and other local forces, were put down, but it didn't go away. When the war ended, we supported the establishment of a democratic government in Iraq, which quickly went Shiia against all others, and alienated all the rest of the population over time.
Almost immediately thereafter, the lid seemingly came off of despotic governments all over the middle east, and there were uprising is Tunisia, Libya and Egypt. Interpreted in the west as nascent democratic movements, only in Libya, with its complicated ethnic and political history, was that more or less true. Elsewhere, Islamic fundamentalist movements were a strong element in every uprising, seeking to push out an autocratic or military government in favor of an Islamic one. In Egypt and Tunisia that succeeded, until the armies, the most liberal and westernized institutions in those countries, pushed back, preventing them from becoming second and third Irans.
Then came Syria, about which we've already written. Ruled by a Baathist government, but controlled by Alawites, the multicultural country was ruled by a strongman but by necessity the government, controlled by a group that Moslems regard as heretical, was tolerant towards all religions. And the country in fact, like Iraq, was the home to several. Engaged in fighting Islamic militants since the 1990s, it found itself engaged in a civil war in which western pundits naively assumed would necessarily result in a democratic victory, when in fact a Sunni theocracy was the obvious likely outcome.
Out of that, Al Queda in Iraq, seeing its chances expanded, re branded itself the Islamic State in Iraq and the Levant (Syria) and declared the Caliphate the immediate goal. In the west its naively believed that its moved beyond Al Queda, but in reality the better evidence is that the local Al Queda in Iraq simply saw its chance to make the long term goal the present one, and effectively evolved into the Al Queda that counts. It expanded its war into Iraq, and up until our insertion of air power, the western arming of the separatist Kurds, and the Iranian arming of Shiia militias, it came darn close to achieving its goal.
And what is that goal, well as we've already blogged, its the establishment of a Caliphate, and its declared t he Caliph to be in power, and the seat of his power is to be Baghdad. It's used methods that we have not seen in this scale since Mohammed's own time, that being mass armed violence, and the assault, capture and enslavement of non Moslem women.
So, we must now ask ourselves, is this an Islamic aberration, or is it something that's consistent with the Moslem faith. This question really matters, as determining what war we are fighting, and when it will end, depends entirely on that. A war ends when the enemy gives up, not when we decide its over.
We also know, or should know, that the entire "moderate Islam" line is a complete fable. The percentage of Moslems who have a doctrine that has formally adapted to such a view is tiny. There are those who have, but generally the Hellenized view of Islam fell out of favor, and was regarded as heretical by Moslems, in the Middle Ages. Therefore, while there are many peaceful Moslems, there's no peaceful Moslem theology and those who like to believe their is are living in a fantasy land.
Indeed, the differnce in mainstream Islamic groups is slight, and people who like to point to them as huge are fooling themselves and lack a large doctrinal difference to point to. This does not mean that they get along with each other, but that's more in the nature of human nature than doctrinal difference. Students of Christianity will note that the Catholic and Orthodox have not always gotten along well, even though they view each others holy orders as fully valid and from the outside those familiar with them are often stunned how close these "two lungs of the church" are.
We do know, however, that nowhere in Islam does it sanction the killing in this fashion of other Moslems. And there, at least, Al Queda and ISIL are clearly outside the Islamic fold. They seemingly have no problem with that. ISIL of course mostly limits itself to warfare against Christians, Zoroastrians, and Shiias (where it can site to doctrinal difference, no matter how slight), but that it kills some Sunni Kurds cannot be disputed.
Our war in Afghanistan was necessary, and we won it. But we've done a bad job of securing the peace there, and now we are leaving before it is fully secured. The Afghanis are not Arabs, and the country has a long history of tolerating all sorts of peoples, including Jews, Communists, and Buddhists. This is evaporating, or has, and will if we leave too soon. We haveint' fully done in Al Queda in Central Asia, and we best do that before we leave. And we should leave Afghanistan intact and functioning, which it isn't yet.
Invading Iraq was, in my view, a mistake. All over Arabia and North Africa we've totally failed to appreciate the irony that the most western of governments in that region are also the most fascistic. That's icky, but true. They hold to no religion so they do not favor any. They educate women, and in terms of domestic policies they tend to focus on economics more than anything else. They are like Mussolini's Italy, gross, overblown, blowhards, but making the trains run on time and granting quarter to no other movements, secular or religious. As much as we hate to admit it, over time, these governments would fall of their own accord, but when they did, it would have been because they educated their population, and most particularly their female population, to the point where that population will not put up with them any longer.
And once women in the region are educated to that extent, they won't put up with the old jihad interpretation of Islam either. That fact is one that we should appreciate. Mohamed held that the majority of the population in Hell was female, and the prize for males in Heaven were females. That's an appealing vision to primitive men, stuck in a teenage view of teenage girls, but it has no appeal to educated males and even less appeal to educated women. It was already being interpreted out of the Koran by Hellenized Islamic theologians before they were put down and condemned as heretical in the Middle Ages. That view will fall out of favor once most women in the Middle East are educated, but we have a long ways to go before that.
In that meantime, we need to be aware that the virtues of "tolerance" and "multi culturalism" are not human instincts, but learned behavior in their entirety. Intolerance is the human norm and instinct. In the west, these values are universal because of the long influence of Christianity, and we've imported them to receptive cultures around the globe. We haven't succeeded in exporting them to the Middle East whatsoever, and we're a long ways from doing so. Only in partially Christian Lebanon, Syria and Egypt do these views really have a toehold. In the closed world of the Arabian Peninsula they have no traction at all. One of our prime "allies" in that region, Saudi Arabia, is a model of repression, with the door completely closed to religious tolerance and rights for women.
All of these facts we need to acknowledge. When we take in, in the west, large numbers of immigrants from this region, we take in these views, which will take at least a generation or more to evolve out of those populations. When we do that we also provide for western youth who live in the any value is a good value, or no value at all, world we've developed since the mid 60s with an attractive option to join something that clearly believes in something, no matter how contrary to our values it may be. When we look at governments in the region, we need to see what they do on the ground level, not at that the electoral level, even if that means holding our nose and pocketing our hands from time to time. And where peoples who are more western are ready to carve off of those who are not ready to move forward, such as the Kurds, we need to support them. Where others remained entrenched in the 7th Century, like Saudi Arabia, we need to back away from them, as they'll fall anyhow, and they in no way support our values.
Most of all, we need to be ready for a long haul with that section of the Arabic and Islamic population that regards this as a Holy War, and which will pop up for time to time for the foreseeable future. Just because we don't view this as a Holy War doesn't mean they don't, and just because we believe we've won at one one point in time, doesn't mean we have.