Monday, June 30, 2003

Texas Concealed Carry

Gov Perry has signed a bill which removes most government buildings from the list of places where concealed carry is prohibited.

Those who object to this on grounds that it presents an increased threat overlook one huge fact.  The people who get concealed carry licenses aren’t the one’s you need to worry about.  Save the worry for those who don’t give a damn about the law and who aren’t going to let the fact that it’s illegal deter them.  Concealed carry permits are only available to the most law abiding folks.  To even qualify for a concealed carry permit you can’t have anything more than a Class C misdemeanor on your record (that’s the equivalent of a traffic ticket).

(2) Comments
Posted by Jed at 1926 hrs
Law

Patrick Dennehy

Could this be a break in the mysterious Baylor basketball disappearance case?

The story has been the big news around here for about a week now.  We had reporters and camera crews all over the law school today.  They managed to get in the way at just about every turn.

(4) Comments
Posted by Jed at 1910 hrs
Law

Katharine Hepburn

I know I’ll probably get death threats for this, but… I really think our collective praise is misplaced when we heap it on Katharine Hepburn.  Perhaps I’m too young to have been smitten by her.  I’ve seen some of her movies and they were very good and she played her part very well.  She should be honored for her work and she was, with countless awards.

But she was not a laudable person.  She carried on a decades long affair with a married man.  She shamed Mrs. Tracy by publicly carrying on her affair.  These are not the traits of a woman with “class”.

Ms. Hepburn was a great actress, a beautiful woman, and a significant fixture of the 20th century.  May she rest in peace, but I’ll direct my praise elsewhere.

(0) Comments
Posted by Owen at 1900 hrs
Off-Duty

Sword Attack

One case with sooooo much for the trial lawyers to sink their teeth into:

The 30-year-old man confronted an officer before fellow officers shot him, said Lt. Jeff Love. Parker was taken to the hospital and did not survive. One of the wounded was an Albertsons employee and two others were customers, police said. Police did not release the names of the dead or wounded.

Parker had been diagnosed as schizophrenic, his mother, Susan Davis, said in an interview Sunday from rural Ford, Virginia. He also was a volunteer firefighter and emergency medical technician….

Davis said Parker, who moved to California about five years ago, collected swords and was a fan of the “Highlander” film and television series in which the hero is a swordsman…

“He was being treated for schizophrenia…

Who to sue?  Albertson’s for exposing their employees to this nutcase?  The hospital for not treating his mental illness effectively?  The sword manufacturer?  The store that sold him the sword?  The movie industry for producing Highlander?  The cops for killing him?

So many lawsuits…. so little time….

(0) Comments
Posted by Owen at 1834 hrs
Law

Something’s Missing In Normandy

The Dissident Frogman just got back from a visit to the D-Day museums.  There was something missing in all of the memorials.  He has pictures.  Take a look.

(0) Comments
Posted by Owen at 1820 hrs
Foreign Affairs

This Day In History

The Night of Long Knives happened in 1934.  This night saw the consolidation of Hitler’s power.  He decapitated the unruly SA to satiate the army and gain their support.  This night also saw Himmler complete his rise as he removed his long-time rival, Ernst Rohm, and Himmler’s beloved SS became the dominant Nazi enforcement arm. 

Bowers vs. Hardwick, in which the SCotUS held Georgia’s sodomy law to be Constitutional, was decided in 1986.

(3) Comments
Posted by Owen at 0920 hrs
Off-Duty

Bankrupt California

It seems California has gotten itself into a little pickle.  The state has managed to compile a $38 billion budget deficit, and is now looking at problems on an unprecedented scale.  

The current political struggle is a unique one.  The Democrats control the Governer’s mansion and both houses of the legislature, but can’t get their new budget passed because it requires a two-third majority which they can’t muster.  At the same time, the Republicans are leading a campaign to get Gov. Davis recalled.

The Democrat budget proposes tax increases to close the gap, while the Republican budget proposes massive cuts in government spending.  Like any good Democrat, the California Democrats propose to tax their way out of the problem.  So what happens ten years from now when spending again outpaces income?  Hey, let’s tax them again!  That’s exactly what the Republicans are saying has to be stopped right here and now:

“He and his allies have gotten the last three budgets they wanted and we’re nearly bankrupt,” said James L. Brulte, the Republican leader in the state Senate, who has threatened to work against the reelection of any GOP colleague who sides with Davis in the budget battle. “Somebody has to stand up and say enough is enough. That’s what Republicans in California are doing.”

California is finding out why you can’t setup a welfare state, disguise it as a capitalist state, and remain viable for very long.  The folks paying for all the government programs will pack up and take their business elsewhere, leaving the government holding the bag.

(1) Comments
Posted by Jed at 0736 hrs
Politics + Politics - General
Sunday, June 29, 2003

Howard Dean In The Lead

Howard Dean is outstripping his fellow Democrats in fund-raising.

Dr. Dean’s aides said he would report raising at least $6.2 million in the three-month period that ends at midnight, on top of $2.6 million he raised over the first three months of the year. Dr. Dean announced the figure 36 hours before the filing period ends, timing the release for a slow-news Sunday afternoon.

 

When did we start calling him “Dr.”?

Oh, and the NY Times puts its best spin on Dean’s Meet The Press debacle:

Dr. Dean’s appearance on that show, in which he was unable to answer some questions and appeared to change his position on some issues, drew widespread criticism among Democrats. But his aides suggested that as far as Dr. Dean’s supporters were concerned, it might have proved an old show business nostrum: There is no such thing as bad publicity.

“My own theory of it is when Howard Dean says things like, `I don’t know the answer to that,’ the echo chamber in Washington says: `Oh my God; he doesn’t know the answer!’ ” Mr. Trippi said. “But the guy at home says, `Hey, someone who admits he doesn’t know the answer. We haven’t seen that before!’ “

VOTE FOR DEAN!!!

(4) Comments
Posted by Owen at 2155 hrs
Politics + Politics - General

Natalie Maines and Pamela Anderson

This is too good to pass up:

An angry Vietnam vet has issued an apology to Pamela Anderson after mistaking her for outspoken Dixie Chicks star Natalie Maines - and hurling abuse at her on a flight to Los Angeles.

Proud Louis Zizza got his blondes mixed up on the flight from Fort Lauderdale and felt sure the ex-Baywatch star was the singer who had controversially dissed George W. Bush during a show in London earlier this year.

Zizza was so convinced he had the right girl he stormed into the first class lounge to give the actress a piece of his mind, and was almost arrested.

The 52-year-old former soldier says, “I mistook her for someone else and I’m deeply sorry for it.”

I’m sure Pamela is feeling great right now.

(0) Comments
Posted by Owen at 2133 hrs
Off-Duty

Intellectual Property

I’m with Jed on his post regarding file sharing.  Although I believe the music industy is in the right on principle, it will be impossible to effectively enforce without draconian laws that would make everyone uncomfortable. 

The music industry is in a real pickle right now.  I think that they made a fundamental error from which they are having a difficult time recovering.  Several years ago, as the internet spread and file sharing first began to rear its head, the music had a chance to jump on board.  The thing with .mp3 music is that it is below the quality of CD music.  I think that the music industry, fat and happy with its profits from inflated CD prices, thought that the general public wouldn’t settle for lower quality music - even for free.  The truth is that few people, except for the AV geeks, really give a crap if the music isn’t perfect.  As a general population, we are willing to sacrifice a little quality for a drastic reduction in price.  If we weren’t, Wal-Mart would never have succeeded (this is also the mistake the telecommunications industry is making with IP telephony, but that?s another post).

Furthermore, the music industry has been churning out mediocre-to-bad music for many years ? punctuated with the occasional flash of average.  What this means is that for the vast majority of the CDs that come out, there may only be one or two songs that are worth owning.  $13 - $17 for a song or two is a steep price.  So the market responded with the file sharing networks.  The exception to this is country music.  Country has been churning out some good music lately with CDs packed full of good music.  Country music also hasn?t been having near the problems with file sharing as Pop and Rock have.  Country?s sales are up. 

So what is the music industry to do?  They can try to sue their way out of it, but that?s an expensive route that will only further alienate their audience.  They have started with a few good ideas.  For instance, adding videos, lyrics, screensavers, interviews, and other multimedia to the CDs for no additional cost makes them more appealing.  They could also start lowering the CD prices, but with lagging sales, they seem to be reluctant to drop profits. 

The main thing they need to do is embrace the internet and find a way to make it profitable for them.  I agree with Jed in that offering individual songs for download at a reasonable price would help.  The problem is that they are too late.  Since they didn?t do this when the technology was emerging, they opened the door for the file sharing networks to develop a market.  Now, instead of the music industry introducing their audience to new technology and leading the way in technology development and innovation, they are trying to take competitor?s customers.  But I think there is still hope.  If the music industry would offer a quality selection for $0.39 per download (or some such price), then I think that many would take them up on it.  Especially when coupled with the threat of prosecution, $0.39 is a reasonable price.  For some reason, the music industry still doesn?t seem to want to try something like this.  The only reason I can think of is that they don?t want to legitimize the concept. 

Beyond that, the music industry could go a long way toward recovering if it would make better music.  Not crap that?s created by a producer for a specific target audience, but actual music created by an actual musician with some soul and depth.  Another blogger also noted (I wish I could remember who and I?d link UPDATE: I remembered who it was.  It was a guy from work.  Such is the blending of the real and virtual world.) that the music today is so overwrought in the studio that people can?t play it anymore.  Budding musicians can?t sit around a garage and play Oops, I Did It Again.  That?s why every future guitarist?s first song is still Stairway To Heaven.  Until the music gets better, file swapping will still be an issue, because even if they cut the price of CDs in half, $6 is a lot of cash for one or two songs.

(0) Comments
Posted by Owen at 2131 hrs
Law

Multistate Lottery

Texas is considering looking at the possibility of joining a multistate lottery.  I’m all for this.  I look at it like this.

I pay taxes.
My tax money goes to the “less fortunate.”
The “less fortunate” blow half their welfare on lottery tickets.
I win and get my tax money back.

Now all I have to do is pick the right numbers.  Piece o’ cake.

As Neal Boortz once said, the lottery is the best tax on the “poor” ever devised.  Since they’re not paying any income tax, it’s the least they can do.

(0) Comments
Posted by Jed at 1946 hrs
Politics + Politics - Texas

File Sharing

The RIAA is about to begin filing lawsuits against individual downloaders of copyrighted music.  I’m all for a copyright holder’s right to legally enforce the copyright, but I get the feeling the RIAA is going about this in the wrong way.  The potential pool of offenders is far too large for effective deterrence by selective targeting of habitual downloaders.  Plus, I would venture to guess that the majority of offenders are young kids who are not likely to be deterred, considering the odds of actually being sued v. the opportunity to save $20.

The RIAA is in a difficult spot here, in that it basically has a choise of two bad courses of action:

1.  Sue the downloaders, which is not practical in a fiscal or judicial sense
2.  Develop a more secure method of encoding

 

The second option would be the ideal choice, but the computer geeks of the world have an uncanny ability to crack any system of encoding within weeks of its release.

Perhaps a better solution would be to completely reexamine the way the music industry does business.  If the RIAA could get the price of a CD down and/or find a way to offer individual songs for download at a reasonable price (much like Apple is trying), perhaps the RIAA could begin to lessen the damage done both to its finances and its reputation.

(0) Comments
Posted by Jed at 1935 hrs
Law

Good Quote

This seems especially relevant in a time when we are actively debating the meaning of words like “equality” and “diversity”.

“Democracy extends the sphere of individual freedom, socialism restricts it. Democracy attaches all possible value to each man; socialism makes each man a mere agent, a mere number. Democracy and socialism have nothing in common but one word: equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude.”
—Alexis de Tocqueville

 

UPDATE:  I just had to throw this one in too, since it’s so good:

“Of all tyrannies a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be ‘cured’ against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals. But to be punished, however severely, because we have deserved it, because we ‘ought to have known better,’ is to be treated as a human person made in God’s image.”
—C.S. Lewis

The more I read and learn, the more I realize that true original thought is indeed a rare thing, and the more I cherish them when they occur. 

 

ANOTHER UPDATE:  The mentioning of C.S. Lewis brings back many memories for me.  A wonderful friend of mine gave me a true gift one Christmas when I was about 7 or 8 of the Chronicles of Narnia.  As any child of that age would do, I grudgingly said “thank you” and moved on to find the toys hidden in the colorful paper.  Some weeks later, out of duty to my friend, I picked up the books and started reading and found myself in the wonderful world of Narnia.  I’ll bet I’ve read those books a hundred times.  Now, I am sharing them with my oldest daughter.

As I have grown older, I have come to appreciate C.S. Lewis’ many other works.  I do believe that he is one of the 20th century’s top 5 authors whose works will be read for generations to come.

(0) Comments
Posted by Owen at 1638 hrs
Politics + Politics - General

This Day In History

In 1632, the Globe theater burned down.

Britain’s Parliment passed the Townshend Acts in 1767, greatly angering the colonists. 

The Alien Act of 1940 (a.k.a. The Smith Act) passes Congress.

(0) Comments
Posted by Owen at 1550 hrs
Off-Duty

Minorities

Here’s an article about the Texas redistricting.  More specifically, it’s about a hearing about the issue in Houston.  Something near the bottom of the article jumped out at me:

That prompted Coleman to point out that Wilson, a Houston lawyer, drove a 2000 Lamborghini to the hearing.

“That’s why you’re shilling for the Republicans,” Coleman screamed at Wilson, causing many in the crowd to start chanting “sell out.”

 

Coleman and Wilson are both black Congressmen from Texas who differ on the redistricting issue. 

We keep seeing stuff like this, again and again and again.  Whenever a successful minority dares oppose the Democratic party line, they are slapped down as being a sell out.  Just like after the affirmative action ruling by the SCotUS, editorialists and cartoonists all over the country lambasted Clarence Thomas for his dissent by insinuating, or flat out saying, that he was a traitor to his race for not supporting affirmative action.  The Democratic party and its phalanx of race-baiters can never let a single minority forget that they never would have been a success without the Democrats.  How demeaning.

What strikes me more than the actual act of smacking down minorities by the Dems is the level of hatred and viciousness directed toward conservative minorities.  You can just see the pulsating vein in their collective foreheads swelling and throbbing while sweat drips from their flushed cheeks.  I guess the Dems only like blacks when they stay in their place and don?t actually wield power.

(0) Comments
Posted by Owen at 1236 hrs
Politics + Politics - Texas
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