Thursday, July 30, 2015

Lex Anteinternet: What's with all those dire warnings

I was out of town this past week, so came home to a collection of newspapers.

One of them related that Wyoming had lost 3,000+ oilfield jobs.

We've had a variety of posts on this topic.  As we've been doing that, occasionally we'd read the articles that would relate that this down turn wouldn't be that bad.  At one time, we felt compelled to post an item entitled:
Lex Anteinternet: What's with all those dire warnings. . . .: and why are they on a blog that supposedly looks at history around the turn of the prior century? St. Francis Mission, Midwest Wyomin...
Well, the loss was higher than anticipated.

And now that a deal with Iran of some sort has been reached, and we can anticipate that the embargo on Iranian oil will cease, the trend is likely to amplify.

Sunday, July 26, 2015

The trades and manual labor

Recently we've been posting about the Bond Issue and in that context, the school district's plan to seek to ask the voters to help fund technical and vocational training at the high school level has come up

Just prior to my noting that, I had an odd experience in which I woke up really early one morning and couldn't sleep, so I got up and turned on the television.  Good Will Hunting, which I'd never seen, was on, and even though I missed the beginning of it, I started watching and watched it to the end.  I must say it was a good film.  Part of the theme, and the reason I'm noting this here, is that the film argued that the exceptionally mathematically gifted protagonist should pursue a mathmatical career (although he ends up purusing his love first).  Indeed, in one major scence in the film his close friend argues that if he fails to do so and continues to work as a laberor, it would be a tragedy.

Well, would it?

I don't know.  Its easy for me to note what the movie argued but not so easy for me to opine on it.  I don't have laberor's job, and there's no doubt that most laborers do not get well paid.  The film does make an argument, in the form of a scene, to the effect that all labor has dignitiy, but it goes on to essentailly endorse the very widely held concept that jobs that involve no physical labor and all intellect are more worthy of those that do not.

I don't know what to make of that, other than to note that it is an extremely widely held concept. But a person ought to be careful about simply accepting it.  It's a very widely ingraned concept, however.

Unsolicited Career Advice for the Student No. 7. The perils of occupational predictions.

In spite of the title here, I'm not sure that this is really "career advice", so much as it is commentary and the recommendation to be cautious.

This post comes about due to the receent article in the Wyoming Lawyer about the Board of Law Examiners abondoning the Wyoming CLE requirement.  While I agree that the CLE was absurd, the BLE seems to be on the railroad track leading to the oblivion of local practice on this one.  This sort of "we have to do this as we have to do this" sort of process is really common.  People, once committed to a certain course of action, tend to stay that through even if it was never a good idea.  Quitting some things, quite frankly, is a good idea. And if the destionation is lousy, why go there. Get off the train somewhere else.

It's also prompted by having read some of the occasional commentary put out by local economic entites to the effect of "this brings in jobs".  I've also commented on that locally.  It amazes me the extent to which the "jobs" argument is so poorly analyzed.

Both of the factors mentioned above are important if you are starting out planning your career.  A couple of important trends seem to come to light when you do, which are:

1.  Technology is on the brink of premanently wiping out a lot of "good jobs'.

2.  The mega-urbanization of our economy has premanently exported jobs from towns and cities to big cities.

3.  Some professions that formerly had small town expression have permanently moved to mid sized cities where the professionals must have signficant infrastructure investment.

4.  With at least one profession, the law, the operation of technology and short sighted bar admisison policies will kill off the practice in rural areas.

Sunday Morning Scene: Churches of the West: St. Elizabeth of Hungary Catholic Church, and St. ...

Churches of the West: St. Elizabeth of Hungary Catholic Church, and St. ...:
 

Monday, July 20, 2015

The Press and Statute of Limitations Bogusity

I keep hearing press reports connected with one asserted crime or another, that because the allegations happened long ago, they are "past the statute of limitations", as if there's a national criminal statute of limitations that pertains to state criminal cases..

There isn't.

Many states do have statute of limitations for criminal acts.  But not all. Wyoming doesn't.  I'm sure we're not alone in that either.

Most recently, this has come up concerning the various news stories about Bill Cosby.  I won't go into that, but a common report is "the alleged actions are past the statute of limitations".  Maybe they are, but if they are, they're past the statute of limitations in California, presumably.  They wouldn't be past the statute of limitations in other locations, if the alleged acts allegedly occurred there, depending upon the location.

Monday at the Bar: Courthouses of the West: Joseph C. O'Mahoney Federal Courthouse, Cheyenne W...

Joseph C. O'Mahoney Federal Courthouse, Cheyenne Wyoming




Cheyenne's modern Federal courthouse.

I'm sorry, but these newer courthouses (this one must have been built in the 1970s, really just leave a lot to be desired externally.  Inside, it's very nice.  but outside, it looks just like a Federal office building.

Saturday, July 18, 2015

It's All Natural! Except for us.

Just a second ago, on television, there was an advertisement for a dog food that was "natural".  It had no "chicken byproducts".


I wasn't aware that chickens were, ispo facto, unnatural, although I'll concede that they are a rather weird bird, but that's besides the point.  What's so fascinating is that we live in an era, and one that stretches back quite a few decades now, that's obsessed with the natural, even while we ourselves don't apply the same logic to ourselves.  It's really odd.  Either we like nature and accept it, or we don't. You can't really have cafeteria naturalism.

Evidence on our obsession with what's natural is everywhere, and frankly, I'm not criticizing it.  There's is indeed a lot of reason to be focused on the natural. We ourselves are part of nature, and there's better and better evidence that the more we depart from nature, the worst off we are (even as we strive to continue to create a very unnatural world). 

So eating a more natural diet makes a great deal of sense, and we know what the loose parameters of a natural diet are (and it isn't, by the way, vegan or vegetarian, which are highly unnatural diets for people who are uncomfortable with nature).  And getting out in nature, we know, is not only a good idea, it might actually be necessarily for our well being.

 A fellow with an actually natural diet.

So we've developed a lot of "natural foods". Some people have become "locavores", eating only what they can acquire locally, and thereby bypassing the unnatural food distribution system.  "Grass fed" beef is in, and I'm down with that, as I've been eating grass fed beef (and antelope, and deer, etc.) for decades.  Quite a few people insist their clothes be "natural", which means not a petroleum byproduct.  People buy vegetables that are "organic", by which they mean free of unnatural chemical exposure.

The Amish must be looking around thinking; "Ach, was ist das?"

 Amish, who live pretty natural, although that's not usually what non Amish backers of "natural" mean by natural.

Some of us, many of us now, join one or more organizations devoted to natural causes.  The Sierra Club, Ducks Unlimited, the Theodore Roosevelt Conservation Initiative, are just a few.  Radicals look towards Green Peace or the Earth Justice League.

But we omit nature from ourselves. That is, our own selves. And the more radically natural we are, the more likely we are to do that. Why is that?

What do I mean?

Well, the most natural thing a person encounters every day is themselves.  No matter how unnatural of environment you live in, you are natural.

For most of us, that probably doesn't impact us in any particular way, but we should consider this.  We are, no matter how a person conceives of it, as certain type of animal.  We may be, and I'd argue we are, a very special animal with an immortal soul, but nonetheless, we're an animal.  More particularly, we're a mammal, and a primate, with very special attributes.

And those attributes are governed to a fairly large extent by our DNA. That is, our genes determine much of what we are.

This has been, of course, argued about for decades.  Is it nature or nurture that determines our personalities, etc.  Both, no doubt. But that our genetic makeup determines much of what we are in some very fundamental ways cannot be doubted.  Included amongst these are our genders, and what that means.

That's a hugely unpopular readily right now, in certain quarters, but it's a reality nonetheless.  There are no "men trapped insides of women's bodies", or vice versa. There are men, and women.  That's biology.

That doesn't mean that some women and some men, in fairly low statistical numbers, don't have inclinations that are contrary to their genetic makeup in terms of gender in varying degrees that cause them to think they want to be the other.  It may very well be the case that they do.  And that doesn't make them inhuman, nor should it subject them to abuse. But it also should be required that such inclinations are part of their natural animal nature.  Pretending that they are is going against nature.  And at the point where society is providing people with "therapies" to achieve a gender transformation (to the extent that can actually occur), it's doing something deeply unnatural.  If it requires chemistry or surgery to achieve (and maintain), it isn't natural.

Indeed, we know that human beings are afflicted in varying numbers with all sorts of unnatural inclinations and impulses, some harmless, and some not.  For example, some people actually seek surgery to remove a limb, seized by the belief, somehow, that they'd be happier without it.  This is a self detructive belief, and unnatural, but they have it.

Of course, it could be argued that medicine itself is unnatural, and some do, but I don't think that's really the case.  Human desires to cure maladies are a human trait, and demonstrably go back to ancient times, indeed far back into our ancient origins.  Ancient humans with knit bones demonstrate that we were setting breaks as far back as we've existed, and occasionally an ancient skeleton will show up with evidence at an attempt for fairly exotic surgery.  That people can develop, and synthesize, medicines is not unnatural.

But it does lead to some oddities in this area.  One is that there's a big business in for "natural remedies". These are all sorts of herbs and whatever that are supposedly natural.  Near my work there's a store that sells such things and some of the impacts of them that are claimed are simply amazing.  One recently claimed to do something at the "cellular" level.  I hope not, that would be scary indeed.  The point here however, is that people will buy something that's only barely less natural than the stuff they're trying to avoid at the doctor's office or the pharmacy.  Lots of medicines are, actually, fairly natural. 

Not all are in impact, however.  That's an interesting thing to.  Modern westerners (Americans and Europeans) spend a lot of money on pharmaceuticals that are designed to frustrate a certain natural cycle.  That's interesting, as that's a medicine that's actually anti-natural.  It's weird to think that there are, undoubtedly, women who eat all natural foods, wear organic cotton, maybe go the "natural remedies store", but take an anti natural pharmaceutical.  Indeed, I have to suspect that the fact such pharmaceuticals are so widely accepted now is that they were introduced in the early 1960s, when there was a huge admiration for anything chemical or medical and people didn't worry much about the impact of anything of that type.  It took Silent Spring and DDT to take us there.

In another area, we've written a lot recently about the "natural law".  Now some would maintain that there's no such thing as a natural law, but the best evidence would certainly be contrary to that. As Chief Justice John Marshall noted in The Antelope, the state can and does create statutes that contravene or stand opposed to the natural law.  But we seem not to even note that, which is interesting.

One of the big ones we live with every day is the institution of the "corporation".  Corporations are legal creatures of the state, and basically they evolve out of the partnership.  Partnerships do comport with nature, ad people combining to act in concert with partners is clearly a natural human activity. But corporations are deemed by law to be "persons" before the law.  I'm not saying that's good, or bad, but it is rather weird, and clearly not natural.

The fact that we've built such big cities that are seperated from nature is unnatural.  Indeed, this entire era in which we are so concerned about living naturally would have had a hard time coming about if this wasn't the case, as people who live more closely to nature, aren't cognizant of that in the same way or to the same extent.  That is not to say that they aren't aware of it, just differently.

It's also not to say that towns and villages aren't natural. They are, and have existed since time immemorial.  But super huge cites, such as we have now, that can only exist with the technological advances we have now, aren't really natural.  They have existed for quite some time, but that doesn't make them natural really.  And certainly the modern cubicle life isn't natural.  Indeed the separation from nature that the city life creates is one of the sources of modern depression and potentially the cause of much that we see in human stress and oddity.

So the point?

To offend everyone in the western world?

No, this is simply one of those observational posts.   I'm afflicted with an analytical mind, by nature, and therefore I'll take an analytical thread where it goes.  And this one amuses me.  We live in an era when people can be really aggressive about being "natural".  But we live in a very unnatural society.  I think it ought to be more natural, truly I do.  But in making that observation, I'm well aware that a lot of the people stomping their feet about being "natural", are hugely unnatural.  A person can be, I suppose, selectively natural.  But you have to be aware of that.  Wearing Birkenstocks while eating a free range yogurt vegan diet makes you anti natural, not natural.  And if you choose going natural, and demand that we go natural as far as possible, you have to separate your politics from your nature, and go where that leads you.  Otherwise, what you have to do is to admit that you feel that accommodations against nature should be made, which is fine, but you should admit that you're doing it so that you are clear and honest about what you are doing, at least to yourself.

Tufts Magazine / fall 2013. "American nations"

Tufts Magazine / fall 2013

Interesting view.  Is it correct?

Friday, July 17, 2015

Feebleness in war; muddled thinking in the face of domestic terrorism

The Republic of Vietnam feared its population for most of the war, but following the defeat of the Communist forces in the Tet Offensive of 1968, it realized that, militarily, the tide had turned and started to plan to issue military weapons to the population out in the countryside, much like Switzerland does with its own population.  It didn't get around to it, but it planned to do it, as it realized at that point, with the war effectively won, as long as the United States continued to supply air power in the event of a North Vietnamese assault, it could trust its population to repel local aggression.  The fact that South Vietnam fell in the face of a massive North Vietnamese assault in 1975, when the United States failed to supply air power, doesn't moot the point, but actually tends to support it.

Switzerland has, of course, done just that for eons.  Israel does something similar, allowing the issuance of military type arms to some of its population in hostile areas, leading to some fairly incongruous photographs of that occurring in some areas, on occasion.  The same policy was pretty effectively followed, no matter what you think of its cause or government, by South Africa before apartheid was thankfully ended, when it faced a domestic terrorism problem in the countryside.

Which leads me to the bonehead comment of the New York Daily News today that today's domestic terrorist attack in Tennessee should lead to tighter gun control.

Baloney.

Terrorism isn't the same as conventional crime, no matter how violent.  It's not even the same as organized crime.  It may be criminal, but it's character is entirely different.

Terrorism is a type of guerrilla war.  Just because it's vile doesn't make it any less so. That's what it is.  Crime is a violation of the law.  War is the extension of politics by other means.  While a terrorist act may be criminal, they're done in the furtherance of political goals.  That's why they occur.  Moreover, no matter how loosely organized, they're done in the furtherance of political goals by some sort of organized entity.  The terrorist acts we've seen recently have been organized, at least in terms of influence, by the Islamic State in Syria and the Levant.  They don't need to have a central command to be responsible for them.  Their goal and means are clear, and the people who sign up as soldiers in their cause can enlist at any time, any where, without ISIL ever knowing it.  And they're not irrational or insane when they do so.

Gun control as a means of controlling violence is of highly dubious utility no matter what so many New Yorkers like to imagine. But as a means of controlling terrorism, it's insane.

The proof is more than ample.  Terrorist have never had any problem obtaining arms. The examples are too numerous to dispute.  The first example of modern terrorism is provided by the Irish Republican Army, with Michael Collins being the architect of a modern terrorist war.   The IRA had no trouble at any point in obtaining small arms, nor did its successor the Provisional IRA.  Nor did the Red Brigades or the Bader Meinhoff Gang.  Nor did the Viet Cong.  Nor did the Front de Libération Nationale.  Nor did the Irgun, Nor has ISIL in France.  Nor will ISIL, and ISIL inspired groups, here.  Such laws may, at best, require a terrorist to undergo more effort, but what they mostly do in this context is disarm the population that that terrorists propose to attack.

And why would they.  Unlike conventional criminals, terrorist share with dedicated volunteer soldiers a willingness to die for their cause, no matter what their cause might be. That's a distinction that's quite different from conventional criminals, which to seek to perpetuate their crimes for personal gain.  Terrorist do not, and often don't expect to live to see the victory they hope for.

With that being their mindset, no obstacle to obtaining arms will be effective. So, in contrast, society has to be prepared to suffer without recourse, surrender, or effectively resist.  We're doing the first right now.

The Second Amendment to the United States Constitution provides that American have the right to keep and bear arms, a right that eastern states in particular like to attack.  It's sometimes snarkily noted that "we don't live on the Frontier anymore, and people don't have to protect themselves against Indian attacks".

Well, perhaps we do.

Average people in Paris found themselves effectively in that situation recently, with no ability to act.  In France, the average citizen can't carry a handgun for protection.  France was ideally set up for an ISIL inspired attack.  Its not that easy in a lot of the United States. And in at least Massachusetts the recent terrorist attack by two individuals had the impact of shutting the city down, something that may have been contributed to by an effectively disarmed population.

Such events are, of course, rare.  Even when they do occur, they actually impact very few people. But they will become more common. This won't be the last domestic terrorist attack that ISIL or ISIL inspired people launch in the United States, or in Europe.  For Americans, those who want to blame everything on the easy availablity of guns should realize that this is a situation that no police force can protect us from, and the military cannot either.  We have to do it ourselves, or be prepared to do it. For European nations that have so effectively disarmed the population, this is even more the case.

Most people, given the option of carrying something, would not.  Indeed, the overwhelming majority of people will not, or even cannot due to occupations that make it impractical.  Even people who might be totally qualified to do so by training, etc., generally will not. But calls to ban things are naive in the extreme.  Mao said that in the guerilla war, the geurilla swam amongst the population like fish.  They do, and even though most of us will never encounter one of the fish, some undoubtedly will in the future.  If even a tiny percentage of the population was capable of defending itself, it would make a difference for everyone.  Not might, it would.  At some point, an armed population is just hard to attack.  That doesn't mean such attacks would stop, but they might be stopped more quickly, or even deterred in some instances.  Day long spectacles like we had in Boston or Paris would likely be rarer.

Or at a bare minimum, government offices, and particularly recruiting stations, ought to have armed men. Why it hasn't become a policy, during a time of terrorist war, to require recruiters to have sidearms in their stations is beyond me.  That's crazy.  Members of the military are now targets everywhere, but they're also amongst the least likely to be armed while in the US.  That policy should end.

Random Snippets: The most dreaded domestic question a lawyer can be asked.

I have matters scheduled out for years, and in a typical day I have things from beginning of the day to the end. And not just the workday, the day.

None the less, like every other lawyer, I get this question at home:  "What's your schedule like today?"

The atomic bomb of interrupting questions.  The day's been planned out time wise like a Swiss watch, and somebody who had something planned is. . . .attempting to pass it on to you at the lat moment.

Uff.

I suppose it was always so.

Wednesday, July 15, 2015

Is anyone going to read Go Set A Watchman?

I really like the book To Kill A Mockingbird.

I'm not as keen on the film. The movie has achieved iconic status, but frankly it isn't as good as its reputation.  It's not horrible, but frankly it cheapens the book.  All the characters in it, except for Scout, as played by Mary Badham, and Boo Radley, played by Robert Duval, just aren't played that well.  The set, except for the courtroom interiors, aren't done that well either.  Gregory Peck's Atticus Finch practically lacks a human dimension, he's so noble, which isn't the case for Atticus Finch in the novel.  I'd be tempted to say that he's too saintly in the movie, but that's not right either, as an examination of the lives of the saints shows them to be pretty human as well (St. Jerome had a problem with his temper and kept a pet lion, St. Augustine of Hippo had to judge civil matters all day long and then wrote at night, St. Bernadette came from an extremely poor family and struggled with a secret ailment that caused severe pain, St. Peter was married and according to some had a daughter who had a crippling condition, St. Peter and St. Paul had a big falling out and then came back together after reconciling).  Atticus Finch is all noble in a seersucker suit in the movie, but in the book he's a middle class widower who is a lawyer who takes in food items for pay and doesn't always do very well in court.  He's a real lawyer in the book.

And I do like the book.

Which is why I'm not going to read Go Set A Watchman.

Anyone who has been following this story knows that Go Set A Watchman features the same father and daughter that To Kill A Mockingbird does.  Set in the late 1950s, this book, however, we are told, portrays the father differently.  It portrays him as a racist.

Some are arguing that this changes their view of the portrayal of Atticus Finch in To Kill A Mockingbird, but they're missing the point entirely.  The real point is that this book, Go Set A Watchman, isn't a sequel (it was written first).  It's a rejected novel using a character with the same name. But that doesn't make it the same character.

Anyone who has ever written knows that an author rejects some of his own work.  Editors reject more, and when they do that, qutie frankly, they're usually right.  In this case, Harper Lee's editors rejected the novel, and sent her back with suggestions to write a new one.  That new one became To Kill A Mockingbird. This book was intended to be published, and in this form it shouldn't have been.

It's not that a later book by Lee, often wished for, or an earlier book by Lee, isn't worth publishing.  But a rejected work that uses the same names, but not the same characters, is damaging to the better work.  Lee, in writing her second, published, novel apparently rethought her topics and it is widely believed that she based the character of Atticus Finch, in that novel, on her father.  There's no suggestion that the Finch character in the second book was intended to do that, and to do so, would suggest she had a very complicated relationship with her father.

Indeed, one of the things known, but not often really appreciated, is that almost all of the characters in To Kill A Mockingbird are very closely based on real people.  Finch was based on her father.  Scout was based on Lee herself.  Scout's young friend was based on Truman Capote (who based a character in one of his books on her).  Boo Radley, according to Capote, was  based on a young man who in fact lived in their neighborhood.  Lee was a very good writer, but a lot of the effectiveness of her writing in To Kill A Mockingbird was based on the fact that she was writing about people who were extremely familiar to her.  I'd question whether that's true of Go Set A Watchman, which in contrast was written about near contemporary events that I suspect Lee hadn't personally observed to the same extent, and in the same way, that her first published work did.

One of the things about great artists is that not everything they produce is great, but because they are great, we wish to relate everything they do to their greatness.  The best artists of any kind, writers, painters, etc., destroy their failed or inferior works.  There's a reason for that.  This novel, Go Set A Watchman, was written first, and it wasn't worth publishing, according to the original publisher.  She used the same names, but basically new characters, in a new setting, for her new, and now classic, novel.  Go Set A Watchman was intended to be, by the publisher, nothing more than a writing exercise never to see publication.  Lee's later greatness doesn't overcome that fact, and this novel should have been left unpublished.

Railhead: The Coal Train

Railhead: The Coal Train


Something we'll be seeing less of in the future? 

Law Student Rebate

From the New York Times:
Beginning with students entering this year — whether in two-, three- or four-year programs — Brooklyn Law School is offering to repay 15 percent of total tuition costs to those who have not found full-time jobs nine months after graduating. That, according to school officials, is how long it typically takes graduates to get such jobs and, if necessary, to obtain the requisite licenses.
“Knowing you have a little extra security is very comforting and helpful,” said Ms. Friedman, who is from Fair Lawn, N.J.
The introduction of the program, called Bridge to Success, comes as law school graduates across the country face increasing competition in a depressed job market that is only slowly recovering from the economic downturn.
I've read some commentary that the slow down in legal employment is over, but this sure wouldn't seem to support that.

Of course, she can also take comfort that New York has gone to the UBE, so now if she passes the bar she can practice in the over 14 states that have adopted it, more or less, no matter how little she may know about the the law of those states, thereby helping to keep the state of legal employment depressed everywhere, and aiding in the process of spreading less informed legal practice through out the country.