Fish-->Frog-->Monkey-->Man

Cutest thing ever...

2009-02-24T20:34:00.000-08:00

This video made me a little teary in just 16 short minutes...

oh yeah...

2009-01-01T18:43:00.000-08:00

HAPPY NEW YEAR!!!!!!

Help!

2009-01-01T18:31:00.000-08:00

Fishfrog and I were talking about Deadwood last night and we got into a debate about who killed the guy who killed the prostitutes. I don't really want to go to the trouble to look up the answer, so can anyone out there settle this for us? I think that Hearst did it, and Fishfrog thinks that Dan did it. I think I'm right...

Let it snow Let it snow Let it snow

2008-12-22T14:45:00.000-08:00

Bathroom extravaganza

2008-12-15T11:38:00.000-08:00

Here are some before and during pictures of our bathroom renovation. Hopefully it will be done sometime in January, but as you can see, we have a long way to go.

Before:
(Notice, the bathroom door could only open about 70 degrees. People lived like this for years)

During:
(Next week we take down the wood slats on the wall and start redoing the plumbing)

Happy Halloween!!!!

2008-10-31T13:53:00.000-07:00

It's Like I'm a Real Lawyer

2008-06-14T21:54:00.000-07:00

A week and a half ago, I became a real lawyer. I represented a client in an arbitration. I examined our witness, I cross-examined their witness, and I gave an opening and closing statement. I was a lawyer.

It's sort of weird, because I've been a member of the bar and practicing law since last October. But when you're a specialist, dealing almost entirely with the minutiae of a tiny subsection of federal law, you don't really feel like you're doing what you thought a lawyer would do.

That's not to say I don't enjoy my actual work. I enjoy it quite a bit, actually. But a pro bono case here and there is pretty cool. Yes, it was a pro bono case. If you were a paying client of the firm, you'd get a considerably more competent attorney. That being said, I think I did quite well.

I'll let you all know when I get the arbitrator's decision.

In my defense...

2008-06-03T20:25:00.000-07:00

I have been nagging Fishfrog over the last month to post something. It's not my fault.

On a different note, Fishfrog and I went to the super ginormous Obama rally in Portland a few weeks ago. Even though we were smashed in the middle of a mass of 70,000 people, it was pretty fun. Here is the picture we took on my phone. Obama is the fuzzy white dot in the middle.

Why us?

2008-04-11T17:37:00.000-07:00

The past couple of weeks have been interesting for Fishfrog and I, so I just wanted to share some highlights of what we have been up to recently.

1) Fishfrog gets food poisoning while his in-laws are visiting.
2) The car mysteriously breaks down (not while being driven, thank god).
3) Nell has her second random fainting spell of this year and has the doctor run a bunch of tests to make sure she's not dying.
4) Car gets broken into AGAIN (almost exactly a year after the first time, by the way) while parked in our gated parking lot. It gets trashed and altogether they steel about $1500 worth of CD's and, ironically enough, an emergency window breaking hammer.
5) Car gets taken into the mechanic and altogether has $2000 worth of repairs, including broken window.
6) Nell gets jury duty which, if she gets picked, will be for a trial that could potentially take an entire month (a part of me wants to get picked, but still... a month)

People, I think my head may explode... seriously.

Ladies and gentlemen

2008-03-05T17:51:00.000-08:00

Introducing former Mayor of Portland, Bud Clark

HAPPY B-DAY!!!!!!

2008-02-09T21:27:00.000-08:00

Happy berfday Warm Fuzzy!!!!!

[singing] Warm Fuzzy, You came and you brought me a turkey, on my vacation away from work-y. [end singing]

Party hard, WF, as I know you will.

I read books

2007-12-30T20:19:00.000-08:00

As a holiday gift, I provide to everyone this mind-blowing passage from "One, Two, Three" by Paul Cain:

"I can take trouble or leave it alone; only I always take it. Like a sap, I went into the hotel."

Awesome. Just awesome.

Also, there are a couple of people to whom I owe a telephone call. Rest assured, I will eventually get off my lazy ass and pick up the phone. Don't give up on me yet.

I'm a believer

2007-12-06T15:42:00.000-08:00

Lately I've been getting pretty sick of this 'I don't have a job' thing. Sitting around all day everyday gets a little depressing. Well today I found my remedy for a particularly lackluster week; his name is Neil Diamond. Today I found myself actually glad to be alone while, as attempting to clean the bathroom, I performed a spectacular performance for the cat using a broom as a microphone.

If anyone out there is feeling the holiday blues like me, I recommend 'Cherry, Cherry' or 'The Boat that I Row.' Not exactly Christmassy, but thank god for that (if you ask me anyway).

Fishfrog's new shoes

2007-11-18T15:02:00.000-08:00

So many of you may not know that one of Fishfrog's favorite things to do is shop, and while he's certainly no slouch when it comes to clothes shopping, his real love is for shoes. I am not exaggerating when I say that Fishfrog LOVES to shoe shop. Today he was lucky enough to get new shoes, and it made him very happy.

He may deny it, but it is my belief that Fishfrog is well on his way to becoming a metro-sexual.

BOO!

2007-10-31T13:50:00.000-07:00

oooooh... I'm a scary zombie!! I vant to suck your blood... oooohhhh... give me brains!

Just kidding!! I'm not really a zombie.

Never throw anything away...

2007-10-25T13:59:00.000-07:00

I've noticed that there are a lot of new posts up lately and I think it's beginning to make Fishfrog and I look bad, so I decided to share this story that my Dad just sent to me (thanks Dad!).

Apparently about four years ago a woman taking a walk in Manhattan came across a painting that someone had put out with their trash. She decided she liked it and took it home. After some research she discovered that the painting was by Mexican artist Rufino Tamayo and was stolen 20 years ago. I guess the painting was returned to the original owner, but it is now due to go to auction and is expected to fetch up to $1 million. I just hope that the woman who saved the painting from destruction got a reward. A picture of the painting can be found here.

Oh those amusing judges...

2007-10-11T14:34:00.000-07:00

Here's a funny footnote from the dissent in the 9th Circuit opinion in Stewart v. Thorpe Holding Co. (2000):

"Notwithstanding the majority's views to the contrary, if this language--situated in a patch of florid prose at the very end of the opinion, well after the Seventh Circuit had completed its analysis--is not dicta, then there is no such thing as dicta at all."

CU BEATS OKLAHOMA!!!!!!!

2007-09-29T14:01:00.000-07:00

The Buffs beat Oklahoma with a field goal!!!!! This is beyond awesome! The Buffs, an unranked team, beats the #3 ranked team in the nation in our Big 12 conference opener, which also happened to be our Homecoming game. Field goal kickers get one chance like this in their entire careers, if they're lucky. If they miss, they become pariahs; if they make it, they become heroes. Today Kevin Eberhart is a hero. And how about the perfomance by QB Cody Hawkins!? And Hugh Charles, whose freshman year was my senior year, put up more than 100 yards! We should not overlook the fantastic defense, led by Jordon Dizon. What an awesome game!!!

Oh, and my condolences to all the Notre Dame fans out there on their fifth consecutive loss. Keep your chins up, you'll win one.

Yay for fishfrog!!!

2007-09-15T18:40:00.000-07:00

The results are in and fishfrog has passed the Bar. Hoooray!!!!

Congratulations to fishfrog and to all our friends out there who have also passed. You all make me so proud... [sigh]

Last day on holiday

2007-09-03T19:55:00.000-07:00

Today was it. My final day on holiday. Tomorrow I start work, my first non-paint store, non-public service internship job ever. I couldn't be more excited. I've got my business casual attire set out for the week, and my shoes shined. I'm not quite a lawyer yet (that won't happen until the bar results come back), but I'm about to be an associate. Awesome.

In other news, Nell and I drove for six hours yesterday to go to a friend's birthday party in Seattle. We ended up staying up there for about five hours, so the time came pretty close to balancing. It was fun though, so no complaints. As for Seattle itself, it's an ok town, but it's no Portland. Portland rules!

My New Wallet

2007-08-28T17:16:00.000-07:00

I'm actually really proud of myself for this one. I made a wallet from paperboard and electrical tape, with a little packing tape for waterproofing. Below is the resulting product. Fully functioning cash pocket and four inside pockets for IDs and cards. Behold!

I start work a week from today, so I don't think I will have quite so much time for this sort of thing anymore.

Lessons from backpacking

2007-08-11T13:31:00.000-07:00

Three things I learned from our backpacking trip this week:

1) Sock liners are awesome! I will never hike without sock liners ever again for as long as I live.

2) GPS + UTM overlaid on Topo = Awesome; Locating your position to the nearest 20 meters in the wilderness is empowering. Universal Transverse Mercator is far superior to Latitude/Longitude. Believe it!

3) It is harder than I imagined to make an axe out of a rock and a stick. I can tie a rock to a stick, but when I try to cut some wood, I just cut the cord I used to attach the rock to the stick. Woe was me.

Some Fruits of Our Productivity

2007-08-07T12:33:00.001-07:00

Despite being on holiday, Nell and I have decided to be productive. Below are some of the fruits of our hard work:

First is a tiger washcloth, knitted by Nell with yarn purchased from a very pleasant and capably staffed yarn knitting store three blocks from our apartment. It is even cuter in real life.

This is a walrus who will be starring in an upcoming claymation, produced and directed by yours truely (though I hope to get Yule to do the gaffing; contract negotiations are underway). The walrus has no name as of yet, so suggestions are welcome. Also, I'd appreciate some ideas as to other characters to star (or work as extras) in the film.

That is all.

Refreshing. Uplifting. Hydrating?

2007-08-04T11:26:00.000-07:00

From the back of the Diet Coke Box:

"It's true. Research shows that all beverages contribute to proper hydration. That means whether it's your first can of the day or your afternoon pick-me-up, Diet Coke helps you stay hydrated all day long. So stick with the Diet Coke taste you love. Your body will thank you for it."

My favorite part is the syllogism started in the second line. 1) All beverages hydrate you; 2) Diet Coke is a beverage; 3) Therefore, Diet Coke hydrates you.

I understand the motive behind adding this statement to the box, what with the bottled water craze. But when your strongest selling point is that your product shares a trait with every other conceivable alternative to your product, maybe you should just focus on how delicious your soda is.

We're done!!!

2007-07-26T10:55:00.001-07:00

Fishfrog is done with the test, and I am done with Harry Potter. My goodness, what will we do now?!?

Notes on Catch and Release

2007-07-08T21:47:00.000-07:00

So Fishfrog and I just watched Catch and Release tonight. A quality flick for those of you that haven't seen it. Timothy Olyphant is totally dreamy. Anyway as many of our readership know, both Fishfrog and I went to college in Boulder, CO (best place in the world, Portland a close second). The movie takes place in Boulder and while I'm sure not all (or most) of it is shot there, there are a few things I thought I would point out.

1- there is a scene where one of the characters goes to the hospital. I was born in the Boulder hospital.

2- there is a scene where one of the characters goes to a paint store and looks at color swatches. Fishfrog worked at a paint store in Boulder and he swears that the swatches are of the Benjamin Moore brand, meaning that this theoretically is his store.

3-(this one has a couple of parts) there is a scene where one of the characters is outside a restaurant with a lot of bikers everywhere.
i - the restaurant is the Sink. It is located on The Hill about a 2 minute walk from campus and has really good pizza.
ii - a scene is shot on a sidewalk with the Sink in the background. This was shot right in front of my favorite coffee shop where I spent many a hour studying and drinking Odwalla Super Juices and vanilla lattes.
iii - like in the movie, every biker in Boulder (and there are a lot) is dressed like they are about to race in the Tour de France. What is up with that?

4-there is a scene where two of the characters are outside in a semi-crowded area with some greenery here and there. One of the characters is taking pictures of 'happy people' and the other is sulking. This is the Pearl Street Mall. I worked at a hair salon a few blocks from there and spent many a break walking up and down it while fetching food or just wasting time. They have great buskers there in the summer and more than one begging or guitar playing hippie.

I think that about covers it. If you watch this movie (which really is quite good; by way of example, I started tearing up about 4 minutes in. It usually takes about 10) think kindly of Nell and Fishfrog. Boulder is wonderful. I miss it so!

Essay questions and the first amendment

2007-07-07T17:28:00.000-07:00

I refuse to answer any question on the bar examination regarding the commerce clause, because doing so would require me to implicitly accept the liberal anti-constitutional views set out in Wickard and Raich, and thus would violate my first amendment rights. Also, such question would be an illegal state regulation of interstate commerce. Oh yeah, and maybe something about the privileges and immunities clause?

An unsuccessful bar applicant in Massachusetts is suing the Bar for including on the exam a question "about homosexual marriage and parenting." The applicant, as any reasonable person would, refused to answer that question and ended up failing the exam by 2 points. The story is here.

A part of me (a very small part) sort of feels for the guy. There was a time not so long ago that I felt constantly bombarded and under attack by the christian majority. Everything that I saw on the news or that a teacher said in class or that I saw on a billboard I managed to interpret as a direct and personal attack on me. This crazy attitude reared its head every once in a while in law school, as my lunch-mates will attest, but for the most part I have mellowedd with age.

What this guy is going through seems like a normal adolescent reaction to broad social trends. The part of me that still feels like its in high school sympathizes. The part of me that is about to take the bar is baffled that someone could make it through law school and be unable to understand the difference between understanding and applying the law of a jurisdiction and personally signing on to a cause. I mean, come on! Even if you hate homosexuals with a passion, you are still living and trying to practice law under a given state's laws. You have to know what they are and be able to apply them.

Anyway, it's a funny story and provides a good reminder for the upcoming exam: don't be an self-righteous idiot.

Party on!

2007-07-04T15:56:00.000-07:00

Sunday Brunch

2007-07-01T19:12:00.000-07:00

After a pleasant hike this morning/early afternoon in Tryon Creek State Park, Nell and I were famished and decided to go to the nearby Daily Cafe for a bite. The Daily Cafe has the best food I have ever eaten in my entire life (that was not cooked by my mom, anyway). From here on out, anyone who comes to visit us in Portland and happens to be here on a Sunday will be required to accompany us to the Daily Cafe for brunch. It is like heaven (if there were a heaven, and if that heaven had delicious fresh-baked scones and muffins and griddlecakes).

Anyway, I just thought they deserved the good press that an endorsement on this blog brings. They might have to expand their seating with the flood of new patrons they're liable to have.

The end of the world

2007-06-28T13:19:00.000-07:00

So I may be behind the times, but it has recently come to my attention that season three of Deadwood is likely to be the last one ever made. For those of you who have watched season three as I have, you will likely agree with me that this is wholly unsatisfying and absolutely unacceptable. How could those HBO cocksuckers do this to us (pardon my French)?!?!?!?!? I say we all head over to Hollywood or wherever the HBO headquarters are and picket until they bring it back! Who's with me?!?

Hell no we won't go!!! Bring back Deadwood you bleeping bleepers!!!!

Greatest Game in the World

2007-06-24T19:04:00.000-07:00

Fishfrog found this game a while ago and since then we have been completely addicted. The highscore we have achieved so far is about 64000. I dare you to do better.

Just some pictures

2007-06-17T14:22:00.001-07:00

Nothing really new here in the Pacific Northwest. We went for a short walk yesterday and took a couple pictures.

Despite the signage, this building brought me only a moment's chuckle, and no fulfillment. It looks kind of seedy inside, like a half-way house.

This is a bridge you can see from our apartment, but you can see it much better if you walk a couple blocks, which is where I took this picture. It's really a big bridge. And it's a double-decker, with one direction on top and the other direction below. Crazy engineers.

This is a gerber daisy that seems to be enjoying life on our very small balcony. It was yellow at first, but now it's pink. Lots of girls like daisies. I like them too, but not as much as I like carnations. I'm told that carnations are kind of low-class, but I find them to be very interesting and pretty.

Leason Learned?

2007-06-14T12:22:00.000-07:00

Let's say you do your laundry and choose to fold this laundry on your bed. Then lets say that there happens to be a small rabbit hopping around on top of said bed, and that some articles of freshly laundered clothing are then placed upon said rabbit creating a rabbit shaped lump. Then lets say that, after the rabbit has left, a friendly neighborhood cat comes along and proceeds to attempt to sit upon every piece of freshly laundered clothing that you are attempting to fold.

If all these things happen to you, you are going to get fur on your clean cloths.

Will this happen to me again next week? It is extremely likely.

How Congress Works

2007-06-12T14:09:00.000-07:00

Check out this post on TaxProf about a company claiming that it falls under some transitional rules in some tax legislation passed years ago. The supporting affidavit seemed pretty compelling to me, but the tax court was not persuaded. Read the post and be appalled at how some public servants view their civic duties.

Dragon Boats

2007-06-10T19:38:00.000-07:00

Every year Portland hosts the Rose Festival which has now been going on for the past week or so. The Festival includes various activities such as parades (3 of them which I think is a little much), fireworks, and Fleet Week in which a lot of military type boats and a couple of pirate ships come to dock. Another of the traditional festival activities and the one that I have enjoyed the most are the dragon boat races which Fishfrog and I watched today. These are Chinese boats that were donated by one of Portland's sister-cities. The races we saw were in the high school and women's divisions, but they also have a mixed division.

The really cool part about it is that Fishfrog knows someone who rows on a team and was able to go out on the boat a couple of weeks ago to give it a try. He came back with blisters, covered in sweat saying that it was incredibly hard, but that it also provided some fabulous views of the city (as you may guess, Fishfrog didn't use the word 'fabulous,' I've taken some literary privileges in the description... I like my version better). Despite his dire warnings about the amount of pain it causes, I think it looks like a lot of fun and am very jealous.

Pot-Belly Pigs

2007-06-08T21:21:00.001-07:00

I love pot-belly pigs. Nell and I saw (and I petted) a few miniature pot-belly pigs on our honeymoon in Maui. They were adorable and Nell promised me that some day I could have a pet pig. Well that day has not come and is probably some time off still.

But at Lewis & Clark School of Law, where I am taking my BarBri classes, there is a gold statue of a pig on a podium in the library. On one of my breaks today I stopped to take a picture and read the plaque. It was touching.

Apparently, the sculture was made and donated in memory of a woman who died (sadly I cannot remember her name). According to the plaque, she love pot belly pigs and they brought her comfort and solace. The sculture was created and donated with the hope of providing some comfort and solace to others. And looking at the adorable piglet, I certainly felt better. How could anyone look at that cute gold snout and not smile.

Settling In

2007-06-02T20:10:00.000-07:00

Nell and I are settling in to our new place in our new town. The apartment is almost all put together, with just a few things out of place. Not much else to say, really. So here are some pictures.

This one is a view from our balcony looking leftish. There's this park across the street that has this wierd fountain-thing and a ton of parents bring their kids to splash around in it.

This one is our living/dining room taken from our kitchen. The apartment is a lot like our old one, but 1/4 the size and without the squirrels living in the ceiling.

This is the cat, sleeping on a sleeping bag. On the very bottom right of the shot is the awesome chair I bought when I was waiting in our empty place for our stuff to get there. It's comfy.

Our Effective Income Tax Rates for the Year

2007-04-14T12:09:00.000-07:00

Having just finished our taxes, way ahead of schedule, I spent a little extra time crunching some numbers to better see the actual impact of various income-based taxes on our lives.

Here's what I added together:
Local Tax Paid
+ State Tax Paid
+ Federal Tax Paid
+ SS Tax Paid
+ Medicare Tax Paid

I figure that as our total income-oriented tax burden. Obviously it doesn't take into account the taxes we pay in sales and use taxes, not to mention the staggering amount we pay in excise taxes on alcohol, but it still gives some idea of what we're paying to live in this great country and benefit from the services our federal and state governments provide.

Our effective tax rate, dividing the sum of the above taxes paid by our wages for the year: 13.9%.

Not too bad, I'd say. We are certainly getting our money's worth.

Some awesome, sad, funny stuff

2007-03-29T13:09:00.000-07:00

To a large extent, my blog is becoming simply a venue for reposting my favorite posts from Table of Malcontents. But that's ok, because I don't know anyone who reads this blog that regularly checks ToM.

And this was too good to pass up.

I remember being a moody depressed high school student listening to "Hurt" by Nine Inch Nails alone in my room with the lights off, feeling utterly alone sobbing gently, while imagining beating up a jock and the girl of my dreams being so impressed by my masculinity that she makes out with me right then and there, while the fallen jock nurses his bloody lip.

And this version of the song is even darker. Trent Reznor had a sad, pained delivery that spoke to me as an adolescent, but Kermit can still make me cry.

If you're wondering, the pretext is that after Jim Henson's death, Kermit had his own downward spiral into drugs and despair, unable to cope with the loss of his creator. Sad, sad, sad.

The Thermals: Pillar of Salt

2007-03-29T07:10:00.000-07:00

This is a killer band from Portland that I've been listening to for a week and a day. Nell loves them too. If you need a little more convincing, they are a Sub Pop Records, the former home of Sleater-Kinney, and current home of The Postal Service, Wolf Parade, Low, and Iron and Wine, to name a few.

Check out the description of The Thermals' 2006 album, The Boby, the Blood, the Machine:

"Envision the United States as governed by a fascist Christian state, and then focus on the need (and means) to escape. The Thermals did just that and out came The Body, The Blood, The Machine."

Plus, The Thermals features the best thing any band can have: a female bassist. Awesome!

Here is the video from "Pillar of Salt", a good tune that precedes Nell's favorite on the album.

An evolution post!

2007-03-29T06:50:00.000-07:00

It finally happened: evolution has been conclusively disproved. I feel like such a fool for being tricked by the evil-lutionists. But my eyes have been open. How did this happen? Two words: Peanut Butter.

Wednesday Afternoon=All Good

2007-03-21T11:42:00.000-07:00

I'm sitting on a couch cruising the net for some new music and just watched this video. The band is The Hold Steady and the song is "Stuck between stations." I really dig this song and the video is great, but you have to watch to the very end. If you do, you will find this band very endearing and earnest.

Do you love Dr. Who?

2007-03-21T07:46:00.000-07:00

And not just the Daleks. ToM posts a YouTube video about creating the Dr. Who theme. Note also the impressive number of links in that sentence. As a blogger, I think I have really come into my own.

If you like Frank Rich as much as I do...

2007-03-17T11:34:00.000-07:00

and you are a student at a university (which most of you are), you will be pleased to hear that the NY Times is offering free subscriptions to Times Select. All you need is a .edu email address. Here's the link. Click on University and Faculty Student Subscription.

I've Still Got It

2007-03-10T16:02:00.000-08:00

Went golfing today with Nell, Arf, and SB. I hadn't been in five years and I was a little worried I was going to hit some vehicles (holes 3 and 4 border a pretty busy urban street). But to my pleasant suprise my first drive flew straight and true. Not super long or anything, but straight. Long story short, it was a good time, and I need to get me some more golfing.

Wednesday, Again

2007-03-07T16:01:00.000-08:00

I don't know how it happened. I was having a very pleasant day. Nice relaxing lunch followed by a nap. I wasn't stuck at school all day numbly surfing the internet. Accounting was fairly interesting. And yet at four o'clock, half way through accounting, I started getting an ache in my stomach as a huge truckload of anxiety beset me. Now I want to explode, but I don't know how. Oh why can't I just explode.
:(

Families Against Government Slavery v. Commissioner

2007-03-06T07:19:00.000-08:00

And who says tax cases are boring. This group was denied 501(c)(3) status. And what do they do? Well here are some great lines from the case:

"Language in the documents that Mr. Matthews distributes to the public at the referred-to demonstrations alleges that the Federal Bureau of Investigation kidnaps Hollywood celebrities and that law enforcement personnel and private gangs are joined in a conspiracy to kill, trap, and enslave Hollywood celebrities and minorities 'to gain more financial support' and to engage in activities that petitioner describes as 'blood sport.'"

"In total, petitioner submitted to respondent more than 1,000 pages of documents consisting largely of nonsensical, emotionally charged, and incomprehensible allegations."

The opinion is here.

Lists are bad!

2007-03-05T12:20:00.000-08:00

So says ToM (Table of Malcontents).

To a point, it is impossible to disagree. Try to list your top ten movies, and the struggle that ensues when you try to rank Biodome and Rules of the Game against each other. On what basis can any separate and complex entity be determined "better" or "worse" than any other? Every movie (or book or song or artist) has so many different and subtle aspects that appeal (or repulse (or something in between or ex betwixt)) to different facets of my psyche that it is only by taking away from the entity most or all of its components that 10 (or even 2) movies (etc.) can be put on a list.

That being said, Brownlee is wrong and lists are fun; as long as we don't rely on them as the only form of exposition/discussion/etc. into art and entertainment.

Wednesday Wrap-up

2007-02-28T17:32:00.000-08:00

Wednesdays suck. They are long and boring and by 3:30 my head feels like its going to explode. By 4:00 I am wishing it would just so my day can end. When class is over at 4:50 all I want is a shot of Jim Beam and a pitcher of Bud Light. Sweet release.

On the bright side, I had plenty of time to explore the internets for online fun. Two games were particularly enjoyable: "Pandemic" and "Pandemic: Extinction of Man." In the former and earlier of the two games, you play as a contagious disease, mutating yourself slowly in order to wipe out the human race, continent by continent. The latter is not so much a sequal as a remake. Same plot, different controls and means of propagation. Both are enjoyable and offer suprisingly different experiences.

Also something I discovered during my MASSIVELY long and boring day: Wired has some really excellent blogs.

Some breaking entertainment news regarding the girls on tonight's American Idol: Antonella Barba totally blows. The only positive thing Randy could say, "You are hot." But talent-wise, the trio of judges dropped the ball big-time letting this one get through.

One thing that keeps me coming back to the internet is nut-cases. The Wired blog Table of Malcontents discusses this crazy racist sci-fi philosopher-king. Just to give you a reason to check out the link, he wrote a book the title of which is "Lexicon Triumvirate." It stars a dragon. Some additional discussion is here.

And with that, my day, and yours, is slightly closer to being over.

How many sides does a trapezoid have?

2007-02-27T18:30:00.000-08:00

This is a mea culpa post. Nell... you are smarter than me, and, apparently, as smart or smarter than a fifth grader.

The answer: 4. My answer: 5.

If Blake Lewis doesn't win...

2007-02-27T18:27:00.000-08:00

I don't know what I'll do. This guy is by far the most talented contestant on American Idol. I mean, shit, have you heard him beat box?!?!?!?!?!?!?!? And he can sing too!!!!!!! Christ almighty I want to have his child!

Fishfrog Movie Review

2007-02-24T20:08:00.000-08:00

Yes, that's right. I watch movies. Today, "Man of the Year" starring Robin Williams. The plot: Fake tv news host gets elected president.

Score: 1.5 raw fish (5 raw fish=great movie, 1 raw fish= bad movie)

To some up my problem with the movie in two sentences: (1) If a comedian gets elected president, shouldn't he be funny? (2) Is this a fun romp of a comedy or a political thriller? Make up your damned mind.

A Problem with Law Reviews

2007-02-20T07:30:00.000-08:00

Daniel Shaviro has a good post discussing some of the specific negative consequences of the article selection process of law reviews. We've had this discussion a few times in the past year or so what with certain friends intimate role in the process. And just yesterday the new board was announced so it seems a reasonable time to have the discussion again.

For those of you (Nell and WF) who are not in law school and think you don't really care about this seemingly boring topic, let me correct your misconception. It really is an interesting scenario. Picture this: You graduated at the topp of your law school class from one of the most prestigious schools in the country after which you took a prestigious position as a circuit court clerk. After that, you worked for a few years at a big law firm working on cutting edge issues. You write some briefs, you make some waves, and then you get yourself a job as an assistant professor at a regional law school. At this point, your career depends on whether or not you can get some articles published in some law journals.

And here is the rub. Whether or not a particular journal publishes your article depends on whether three or four second year law students, with no real knowledge of your specialty (or any specialty), is convinced that your article consitutes a significant contribution to the field.

Personally, I find the whole thing rather funny. Of course, my career advancement doesn't depend on someone I'm way more qualified than deciding whether or not my writing is significant.

The Half Hour News Hour

2007-02-18T19:30:00.000-08:00

I just watched Fox News' new Daily Showesque satire news show. The verdict: total and utter suckitude. I was actually excited all week about watching it. I went into it with an open mind expecting to share a laugh with my conservative brethren on one or two fairly ridiculous liberal positions. But seriously, who the hell is Ed Begley Jr.? Given the amount of time spent ridiculing him, it seems like someone every good liberal should be familiar with. Maybe I don't watch enough movies.

My honest open-minded appraisal: only a bitter born-again evangelical christian, neo-conservative, racist, sexist, homophobe would watch this show a second time. The people who should be most offended by this show are actual conservatives, who find themselves being lampooned in a much more offensive way than even Colbert could acheive; the conservative who is the imagined audience for this show is a sad satire of actual conservatives everywhere.

Personality Test

2007-02-16T06:36:00.000-08:00

The answer and explanation are in the comments. (Update: I have removed the answer from the comments at the request of someone who thought it would result in people not thinking about it enough). Below is the question sent to me by Nell yesterday.

A woman, while at the funeral of her own mother, met this guy whom she did not know. She thought this guy was amazing, so much her dream guy she believed him to be just that! She fell in love with him right there, but never asked for his number and could not find him. A few days later she killed her sister. Question: What is her motive in killing her sister? (Give this some thought before you answer.)

Black History Month

2007-02-10T10:13:00.000-08:00

In honor of Black History Month I wanted to post a recent poem that I came accross by an African American poet and writer named Langston Hughs (1902-1967). Upon reading a bit more about this talented artist I learned that he was one of the most influention writers of the Harlem Renaissance, which was an African American artistic movement that took place in the 1920's. In the linked biography there is a stirring quote that Hughs published in a 1926 essay in the 'Nation' entitled "The Negro Artist and the Racial Mountain." Although I don't know much about the Harlem Renaissance, I would like to think that this embodies it's spirit.

"We younger Negro artists now intend to express our individual dark-skinned selves without fear or shame. If white people are pleased we are glad. If they aren't, it doesn't matter. We know we are beautiful. And ugly too... If colored people are pleased we are glad. If they are not, their displeasure doesn't matter either. We build our temples for tomorrow, as strong as we know how and we stand on the top of the mountain, free within ourselves."

If you are like me and have not learned anything about Langston Hughs, I fully encourage you to read more about about him. He is a fascinating and inspiring figure in American History and even if you don't like poetry his is well worth reading.

Dream Variations

To fling my arms wide
In some place of the sun,
To whirl and to dance
Till the white day is done.
Then rest at cool evening
Beneath a tall tree
While night comes on gently,
Dark like me-
That is my dream!

To fling my arms wide
In the face of the sun,
Dance! Whirl! Whirl!
Till the quick day is done.
Rest at pale evening...
A tall, slim tree...
Night coming tenderly
Black like me.

Langston Hughes

Happy Birthday Fuzzy!!!!!

2007-02-09T12:45:00.000-08:00

HAPPY BIRTHDAY FUZZY!!!!

It's party time!!!

ATHF Attacks Boston

2007-02-01T06:34:00.000-08:00

Here's an article about the situation from the Boston Globe. To summarize, one of the five greatest cartoons ever made, Aqua Teen Hunger Force, hired an advertising agency which in turn hired some Bostonian artist to engage in some guerrilla marketing on behalf of the show. The artwork/advertisements were lightbulbs arranged in the shape of Mooninites, who are amusing characters in the show, foul-mouthed and constantly raising their two-pixel-tall middle fingers at those who displease them. They are frequently driven off by Frylock. Master Shake will usually try to win their approval by sacrificing Meatwad.

So some culturally illiterate subway worker called the police and reported one of the small light displays as a bomb. Instead of investigating what in fact the device was, Boston officials shut down the city as the bomb squad spread throughout the city.

Long story short, the two artists responsible were arrested and arraigned for placing a hoax device and disorderly conduct. CNN and the New York Times have picked up on the language of the Governor, referring to the advertisements as "hoaxes."

This is absolutely ridiculous! Two guys are going to be prosecuted because a couple of old fogeys think that anything with wires and lightbulbs is a bomb???? And how many improvised explosive devices are covered in light??? This isn't a cheap sci-fi movie, people!!

As to the "hoax," this was not a hoax! The devices were installed in Boston as well as nine other cities. In none of the other cities did the mayor and police force decide it was necessary to shut down the city in order to protect the citizens from cartoon characters.

I know I'm jumping around some, but I am absolutely enraged about this. Have we really gotten to the point where an artist can be arrested because someone misinterpreted his art? Can I be sent to GitMo because someone thinks my iBook G4 looks like what they would imagine a bomb might look like? Am I making a hoax bomb if I create something that has a specific non-bomb purpose and is not a bomb and does not look like a bomb and I have no reason to think anyone will think it's a bomb? WTF is going on?

If these artists are prosecuted, the terrorists have won.

Please Enlighten Me

2007-01-28T19:23:00.000-08:00

Nell and I are watching Good Will Hunting on TNT right now (I LOVE this movie) and we just saw the scene in which Matt Damon goes up to the window of the diner and says, "Do you like apples?" and then the preppy Harvard guy inside says "Yeah, I like apples." and then Damon says "I got her number. How do you like them apples?"

This is a classic scene from this movie. It is a line that myself and many others have repeated. But why is it funny? What does it mean? Is it from something? What makes it such a good line?

All theories and explanations are welcome and appreciated.

Awesome YouTube Puppies

2007-01-26T07:35:00.000-08:00

Cutest thing ever.

Picture this

2007-01-24T19:25:00.000-08:00

My perfect evening. Nell and I are sitting on the couch. Nell reading her book me on my computer. Every few seconds I emit a giggle. Sometimes a chuckle. Nell looking up from her book, then returning to her reading. She knows I'm playing on my ocmputer. What she doesn't know: I'm watching funny cat videos on YouTube. Sick, I know. But very pleasant.

Leaky Roof

2007-01-22T06:29:00.000-08:00

Early last week, as I was trying to take a nap, there were a couple of guys up on the roof of our apartment making a huge racket. As I could tell from the large pile of tarry debris behind the building, they were stripping the roof, no doubt to reroof the apartment. But I guess they never got to the part of the process where they put the new roof on.

Sunday morning about 11am, Nell and I noticed a stream of water had begun to stream down from the light fixture above our bed. A half dozen dark splotches had appeared on the ceiling and they all lengthened and met at the light fixture. This was actually a good thing because it meant we only had to use a single pot to collect the water.

We called maintenance and a guy showed up in an impressively short time. As to our problem, he suggested that we should probably move our bed. Then he gave me a blank form to sign, so that his employer would know he responded. There was nothing he could do, he said, because there was snow on the roof. He would put in a notice and some people would probably be out early in the week, he assured us. Suggesting again that we would probably want to move our bed, he left.

I was a little empathetic. After all, there was snow on the roof. And he was only one man. And it was a Sunday. Still, I know from experience that when there is snow somewhere that you don't want it, there is something you can do. I learned this from my brother years ago on a jeep trip to the mountains of Colorado. As we drove along the mountain path, we came across a large snow drift blocking the path. We couldn't drive around it because it was on a slope. Being the softer of the two of us, I assumed we would simply turn around and call it an early day. As I learned, there is a reason he had brought a snow shovel. A couple hours later, much to my amazement, the path was passable.

And so when the maintenance guy said there was nothing he could do, I knew that wasn't really the case. But it would have been a hell of a lot of work. So I don't really hold it against him.

Math Professor Attempts to Kill Judge...

2007-01-17T07:41:00.000-08:00

With a crossbow. Story here.

I'm from the West!

2007-01-10T12:14:00.000-08:00

What American accent do you have? Your Result: The West Your accent is the lowest common denominator of American speech. Unless you're a SoCal surfer, no one thinks you have an accent. And really, you may not even be from the West at all, you could easily be from Florida or one of those big Southern cities like Dallas or Atlanta.
The Midland
Boston
North Central
The South
The Inland North
Philadelphia
The Northeast
What American accent do you have? Quiz Created on GoToQuiz

Man and Pig, Episode 1

2007-01-04T12:21:00.000-08:00

Enjoy!

Credits:
Executive Producer: Fish Frog
Director: Fish Frog
Producer: Nell
Associate Producer: Scarlet Panda
Gaffer: Y of Media Dump

Home at last

2007-01-02T18:22:00.000-08:00

Nell and I got home from our enjoyable/perpetually frustrating christmas sojourn to Colorado yesterday at about 8:00 pm. Frustrating because of the weather. We were originally going to fly, but our flight was cancelled due to blizzard in Colorado mere minutes before we boarded the flight. So we waited in line at the airport for a good while to reschedule our flight, and we eventually did so. Unfortunately, Denver International Airport was still closed when our second flight was scheduled to depart. Again we tried to reschedule, only to learn that there were no available seats to Colorado until after Christmas.

And so we drove. Long drive, but at least we got there before the big day. Fun with family, lots of presents, etc., and then came time to leave. In comes blizzard #2. Interstate 70 was closed from Denver to mid-Kansas. And so we waited, and checked the net and called the road condition hotline. And the road remained closed. Ironically, the airport was open and functioning fine. The airports were closed when we wanted to fly there, and the roads were closed when we wanted to drive home.

It could have been worse, of course. Unlike many people, we didn't have to spend any nights at the airport, nor did we ever have to sleep in the car. And we did eventually get home, safe and sound. Looking back, the result of the delays was more time with our families, so we have no real complaints.

A side note: books on tape (or on CD actually) totally rule! Nell and I passed the time on our return trip listening to "In Cold Blood" by Truman Capote. Absolutely fantastic. I read the book in high school, but listening to it was awesome. If you have a long period of time you need to pass, spend the bucks and get a book on tape (or CD).

My Semester is Over

2006-12-18T11:38:00.000-08:00

I finally finished my final Corporate Finance assignment, thus officially ending my class commitments for the semester. Looking back, it was a decent semester with a couple of good classes, but certainly not my best semester, either in terms of the quality of my work or the quality of the classes. Especially traumatic was Securities Regulation. Wow that's boring. It will strike most people as suprising that I, of all people, would find something boring when my favorite classes have been Pass-Through Tax and Employee Benefits. Damn I love tax.

Anyway, if anyone out there has any questions about eliminating outstanding shares of an annoying class of preferred stock, don't look at me.

I Passed!

2006-12-07T13:29:00.000-08:00

Yeah! I am one step closer to being an actual lawyer. I scored higher than the required 85 on the Multi-state Professional Responsibility Exam. I'm ethical! Or at least ethical enough to be a lawyer...

The Story of Kwanzaa

2006-12-04T19:13:00.000-08:00

This post was originally going to be titled, "So what the hell is Kwanzaa anyway?" But then I read about it, and you know what, count me in.

So originally it was conceived of as a pan-african celebration of a shared heritage. A guy named Ron Karenga came up with it in the '60's as an alternative for african-american's to christmas, to help them reconnect with their african roots and common humanist principles.

Kwanzaa has undergone an evolution since its origination. It began pretty clearly as a black holiday during the halcyon days of the civil rights movement. The days before you could be dismissed as "PC" with no further discussion any time you suggest that maybe we shouldn't shit all over people who are different than us.

There were (and are) seven principles of Kwanzaa. I'm not going to list them here, but instead list Karenga's alleged paraphrase: "Think black, talk black, act black, create black, buy black, vote black, and live black." This will no doubt elicit cries of "reverse" racism, but I think its nice. I think its extra nice if you replace "blacl" with something like "local" or "humanist" or "eco-friendly" or some such thing. But only because I'm white and really want to get into this Kwanzaa thing.

But that's just how it started. Like I said, it has evolved. Karenga's most recent discussions of the holiday have described it as a supplemental holiday. There's no need to stop celerating christmas or hannukah or whatever else. You can do that too.

There are many quotes from Karenga out there. Many of them contradictory. But I don't really think any of that matters. I think a creation should be judged indepently of its creator. So here's the description I like most about Kwanzaa: "[Kwanzaa] offers a clear and self-conscious option, opportunity and chance to make a proactive choice, a self-affirming and positive choice as distinct from a reactive one."

So make the choice with me. We can all celebrate our common secular heritage. After all, it is not just "african"-americans who trace their origins to Africa. The entire human species can be traced back to the continent. The last time in history that humans all lived together without all this made-up bullshit about race and creed was in Africa. When there weren't these superficial differences that some people get so hung up on. Our common heritage, not just with other humans, but with every other plant and animal on this beautiful planet; with everything that has ever breathed in or out, or converted sunlight into energy, or converted fallen trees into new soil.

That is what we should celebrate!!! That is what we can celebrate with Kwanzaa!! And you can still celebrate that day in history when [Jesus was born]. You can do that too! But why don't we all rejoice in what unites us, instead of stewing in what divides us.

Happy B-Day Nell!

2006-12-02T15:27:00.000-08:00

26 years old today. She doesn't look a day over 25-and-a-half. There's no picture because I couldn't get the one I wanted to upload onto blogger. So I'll just describe it. It is a cartoon of a little girl in a pink dress with a party hat on and she's carrying a big present in her arms. Nell would look cute in a puffy pink dress.

P.S. Sorry for spending the whole day studying for finals.
:(

12 Days of Christmas

2006-11-29T17:22:00.000-08:00

Nell and I couldn't remember all of the things that went with the days in the song, so I looked it up. Since this is probably a common problem, I thought I'd post them to help everyone out. Also, having a christmas song in your head during finals time may relieve the stress. Maybe.

First day: The Partridge in the pear tree, of course
Second day: Turtle Doves
Third day: French Hens
Fourth day: Calling birds
Fifth day: Golden Rings
Sixth day: Geese a-laying
Seventh day: Swans a-swimmin
Eighth day: Maid a-milking
Ninth day: Ladies dancing
Tenth day: Lords a-leaping
Eleventh day: Pipers piping
Twelfth day: Drummers drumming

Additionally, I have discovered there is religious significance to each of the days. Though not a believer myself, I thought it was a little bit interesting. And its always nice to have some additional context. So here is the christian hook to each day:

1 True Love refers to God
2 Turtle Doves refers to the Old and New Testaments
3 French Hens refers to Faith, Hope and Charity, the Theological Virtues
4 Calling Birds refers to the Four Gospels and/or the Four Evangelists
5 Golden Rings refers to the first Five Books of the Old Testament, the "Pentateuch", which gives the history of man's fall from grace.
6 Geese A-laying refers to the six days of creation
7 Swans A-swimming refers to the seven gifts of the Holy Spirit, the seven sacraments
8 Maids A-milking refers to the eight beatitudes
9 Ladies Dancing refers to the nine Fruits of the Holy Spirit
10 Lords A-leaping refers to the ten commandments
11 Pipers Piping refers to the eleven faithful apostles
12 Drummers Drumming refers to the twelve points of doctrine in the Apostle's Creed

Source

The Peeling of an Orange

2006-11-28T23:15:00.000-08:00

Oh, the many-fold pleasures of peeling an orange. First, there is the peel. For maximum satisfaction, I recommend nothing but the bare essentials: the fingernail. Plunge the finger and nail into the peel of the orange. Be sure not to pierce to fruit, though. Then the peeling begins. The satisfaction of removing a large, unbroken area of daffodil-meets-rose peel rivals the contentment of paring away the section of sunburnt skin--but a husk of once-epidermis--that now is only ghostly film flaking from the shoulder. Scores of minutes elapse. Still I strive to remove the orange obstruction; every whit must go. And then, an exposed citrus.

Or is it? Close your eyes. Breathe in. Then out. Now look: you are not done. An opaque layer of white flesh lingers on the so-called "orange." What to do? Too thin to use the tough protein--known as keratin--to pierce and rend the residue of peel from the pome.

A knife! Not to stab or plunge or destroy the fruit, No! But to gently coax the fleshy whiteness from the succulent profit of the sweet, sour, citrus meat of the orange. It is here that the wisdom of the orange becomes lucid; for peel and pull and prod and poke as you might, there remains more to unfasten.

Never orange. Always, still, white.

The lesson of the orange is patience, forbearance, stoicism. The true ecstacy is in the process, the journey, the methodology of creating an unsullied fruit. To reveal and create... an Orange.

Crazy World

2006-11-28T12:22:00.000-08:00

The headline says it all: Police say mother microwaved her baby. Wierd and creepy with plenty of horrible.

King James was gay?

2006-11-28T08:39:00.000-08:00

It's true. Some of the things he wrote to his friend are pretty homo-erotic. Apparently, he wrote this to George Villiers, the first duke of Buckingham: "I naturally so love your person, and adore all your other parts, which are more than ever one man had." Kind of sounds like a Foley email.

Source

WashU Law Review on TaxProf

2006-11-28T08:23:00.000-08:00

Congrats to my law review friends! I think I may have predicted this, but I think we can all agree that this was a good choice for publication. It helps, I guess, when you publish something written by the blogger himself.

I just don't know

2006-11-27T22:56:00.000-08:00

Finals are coming up. That means long days and late nights studying. Rereading cases that I highlighted months ago. Actually, the only way I know I've read the case before is that is has highlights in it. I read some of these cases in disbelief; there is no way I've read this before! But the yellow marks all over the page beg to differ.

Classes blur together at this time of year. Did I read that case in Admin or Fed Jur? Is the "zone of interests" test the same as the "nexus" test? Private actions are implied under 10b-5 AND 1983? Which has the Court cut back on? Is that IRC 404 or ERISA 404 or Sarbanes-Oxley 404? I don't know.

It's possible I might know soon. But only for a short time. Did I really do this last year? Or maybe I just remember being more prepared than I actually was. But I didn't have to give a presentation last year.

I don't know. Sometimes, too many words are in my head. Probably too few. I don't know.

NCAA and Tax Exemption

2006-11-16T09:28:00.000-08:00

Recently the House Ways and Means Committee sent a letter to the NCAA asking it to justify its tax exempt status. The NCAA has posted the reply from President Myles Brand. I’ve had numerous conversations lately about exemptions under Section 501 under the Code, and I think this issue regarding the NCAA is perhaps even more interesting than the debate over religious organizations.

The stated tax exempt purpose of the NCAA is to “maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body.” The question raised (or one of the questions raised) by the Committee chairman, William Thomas (R-California) (who will soon be replaced as chair by Charles Rangel of New York), is a really good one. In light of the fact that college football and basketball have become billion dollar industries, what justifies the disparate treatment of professional sport and college athletics?

The reply letter uses familiar (and sometimes very convincing) arguments. It also mentions this statistic which I was unaware of:

“However, even if the more inaccurate federal rates are used, student athletes in Division I graduate at 63 percent, two points better than the general student population. Of note, African-American male student-athletes graduate 11 percentage points higher than African-American males in the student body, and African-American female student-athletes graduate at a rate 16 points higher than their counterparts in the general student population.”

That alone seems a pretty compelling reason to maintain college athletics. Another familiar and compelling reason to treat the NCAA favorably:

“Divisions I and II intercollegiate sports provide $1.5 billion annually in athletics scholarships to help pay the cost of education – including for many low-income students who would otherwise have to forgo the college experience.”

But the question that should be asked whenever Congress writes a social-policy-based exception into the Code is, “Is the tax subsidy necessary to encourage the socially desirable behavior?” In the case of nonprofits, the general thought is that an incentive is needed for taxpayers to contribute money to charities. This rationale is clearly borne out by empirical evidence: when the limit on deductions for charitable contributions is reduced, charitable giving declines in lock-step. Another justification is that taxing the income of charitable organizations would discourage the work of the organizations and be antithetical to their purpose. This justification seems fine to me also. Depending on the actual purpose of an organization, nonprofits are generally providing services that the government would otherwise be compelled to provide.

How about the NCAA? Do they need an incentive beyond the insane revenues from television contracts and sportswear sales to encourage them to provide scholarships to talented athletes? Do people actually donate money to the NCAA? Couldn’t football and basketball be spun off into a for-profit corporation?

One of the reasons I have animosity toward the NCAA is exemplified in the answer of Myles Brand. Even though the line between professional sports and college sports are being blurred, one clear distinction remains: the players are not compensated (other than by scholarship). This explanation seems to me to suggest not that the NCAA should continue to get special treatment, but that they should lose their tax subsidy and be required to pay their players. The only people not making big money off college sports are the ones putting in all the work. While it is true that a few students are compensated for their efforts with lucrative professional contracts, the vast majority are left with nothing but bad knees and degrees in communications. How is that a desirable result?

My rebuttal

2006-11-06T09:20:00.000-08:00

Below is my rebuttal to the email in the previous post. It's not that great and I would have liked to develop some things a bit more, but election day is tomorrow, after which my rebuttal will be irrelevent. So here it is:

The stock market is at a new all-time high and America's 401K's are back. A new direction from there means what?

I’m not sure what is meant by “back.” Defined contribution pension plans have been increasing since 1974. In recent years defined contribution plans have been gaining even more popularity as employers are shifting away from more costly defined benefit plans, shifting the investment risk from employers and onto employees. The recent pension legislation that was enacted and signed into law by Bush will continue to cause defined contribution plans to become even more popular as the compliance costs of administering defined benefit plans increases. The fact that very recently 401(k) contributions have increased is a predictable and ordinary result of recovering from a recession. Were wages not stagnant, 401(k) contrubtions would be even higher. The fact that they are as high as they are despite stagnant wages is a result of a greater level of wealth consolidation among the richest Americans. I don't view an increase in income disparity as a positive.

Unemployment is at 25 year lows. A new direction from there means what?

This statement is only true if one looks at the household survey of unemployment as opposed to employer reporting. According to the more reliable employer reporting, which has been used by economists and the government for years, unemployment is decreasing very slowly. But more importantly, wages are stagnant, an almost unprecedented occurrence in an economic recovery. In other words, people are getting jobs, but their wages are not even keeping up with inflation! Does that sound good to you?

Oil prices are plummeting. A new direction from there means what?

Plummeting? Really? Because just a couple months ago oil prices were the highest ever per barrel. You don’t have to be a cynic to think that the cause of dropping oil prices is connected to the mid-term election. The president has significant ties to the oil industry and has an uncomfortably close relationship with the Crown Prince of Saudi Arabia. So why do you think OPEC would want to lower prices before an election? Maybe because it is in the best interests of the cartel to keep Republicans in control of the American government. If you think that oil prices will continue to drop or even simply remain constant after the election, then you are naïve.
A new direction would mean developing new fuel sources and technology, including renewable energy technology and cleaner burning coal. A new direction would mean pressuring car manufacturers to increase fuel efficiency.

Taxes are at 20 year lows. A new direction from there means what?

While marginal rates at the top and bottom are lower, the result of the tax cuts is an increased burden on the middle and upper middle class. The tax cuts significantly reduced the proportion of government programs supported by the top 1% of the population. They also reduced the tax burden on the very poorest in society. The result is a tax that puts the burden of supporting our troops, paving our roads, and providing government services on the middle 60% of the country. Now this may not bother some people, but I happen to believe that a country should apportion tax liability according to a person’s ability to pay. Because of the marginal utility of money, a person’s millionth dollar is of less value to that person than his thousandth dollar. I believe that taxes should be apportioned according to the marginal utility of one’s income. This means a highly progressive tax with a large exemption at the bottom.
So a new direction from there means demanding that the government bring in enough revenue to meet its obligations, and that the revenue be collected from all Americans according to their ability to pay.

Federal tax revenues are at all-time highs. A new direction from there means what?

This is quite a misleading statement. While it is true that tax revenue for the 2005 tax year was nominally quite high, after adjusting for inflation and population growth, per capita tax revenue is at the same level it was in 2001.

The Federal deficit is down almost 50%, just as predicted over last year. A new direction from there means what?

This is simply not true. The projected deficit for 2006 is almost 50% lower than predicted by the Bush administration in February of this year. But the deficit at the end of the year will be 2.3% of GDP. And even the Bush administration predicts that this will increase in 2007 and beyond. The Bush administration’s predictions also assume that the exemption amount for the Alternative Minimum Tax will return to its pre-2006 amount. Neither a Democratic nor Republican controlled Congress will let that happen, as the CBO and JCT forecasts acknowledge. The administration’s predictions and the calculation of the current deficit also count the principal and revenue from the Social Security trust fund as general revenue. This is particularly disturbing considering the increase in Social Security payments that will correlate with the retirement of the baby boomers.
A new direction from the Republicans’ Tax cut-and-spend policies would be following a course of fiscal discipline by passing budget resolutions that make revenues and expenditures meet. I would not let this Republican Congress control my household budget. Would you?

Home valuations are up 200% over the past 3.5 years. A new direction from there means what?

I’m not sure how maintaining and exacerbating the housing bubble is a good thing. The fact that housing is and continues to be overpriced is a signal of market inefficiency. And in light of the following assertion regarding inflation, I've got to say that you should pick one or the other. Either inflation is bad and it has been kept in check, or inflation is good and Bush has managed to infate housing prices.

Inflation is in check, hovering at 20 year lows. A new direction from there means what?

Inflation has been held in check for the past 20 or so years. For the most part, this is due to the Federal Reserve Bank’s manipulation of interest rates. It is also worth pointing out that the goal of an economy is not to keep inflation at the lowest rate possible. An ideal inflation rate should be between 1 and 2.5 percent. To the extent Bush has had anything to do with inflation, his contribution to low inflation has been following policies that have kept wages stagnant for the entire duration of his time in office. Ironically, inflation is even lower once you adjust for artificially inflated oil prices. I say "artificially" because the prices are driven up by the decisions of the OPEC monopoly, with which Bush has significant ties.

Not a single terrorist attack on US soil since 9/11/01. A new direction from there means what?

I’m not really sure how to respond to this one. It is true that “terrorists” have not attacked inside the US since Septembet 11, 2001. However, there is no evidence that the Bush administration has had a hand in stopping any legitimate plan. It is also the case that Bush has declared on numerous occasions that serious threats had been foiled when in reality, there either was no threat at all or the threat consisted of a half-dozen indigent Americans talking about how they wanted to fly a plane into the Sear’s Tower while taking (and having the resources to take) not a single step in furtherance of their plan.
In addition, there have been numerous terrorist attacks within the United States in the form of people walking into schools, malls, office-buildings, etc. and gunning down numerous people, often children.

Osama bin Laden is living under a rock in a dark cave, having not surfaced in years, if he's alive at all, while 95% of Al Queda's top dogs are either dead or in custody, cooperating with US Intel. A new direction from there means what?

Pointing out that Osama is still alive and putting out videos and tape recordings would seem to militate against Bush, not in his favor. The fact that Bush has failed to capture or kill the mastermind behind 9-11, in large part due to the distraction of an unnecessary war in Iraq, is not a point in his favor.

Several major terrorist attacks already thwarted by US and British Intel, including the recent planned attack involving 10 Jumbo Jets being exploded in mid-air over major US cities in order to celebrate the anniversary of the 9/11/01 attacks. A new direction from there means what?

There has only been one verifiable, legitimate terrorist plot that has been foiled, and that is the British plot he mentions. However, it was the liberal Labor government of Great Britain that gets the credit there.

Just as Bush had planned and foretold us of on a number of occasions, Iraq was to be made "ground zero" for the war on terrorism -- and just as Bush said they would, terrorist cells from all over the region are alighting the shadows of their hiding places and flooding into Iraq in order to get their faces blown off by US Marines rather than boarding planes and heading to the United States to wage war on us here. A new direction from there means what?

The militants in Iraq who are killing US soldiers are not “terrorist cells.” They are native Iraqi insurgents who either were loyal to Saddam or are opposed to the new proposed government. Sunnis and other religious factions, unhappy about being forced from their position of power, are attacking both rival factions and US troops. Just because someone is Arab and opposed to US occupation of Iraq does not mean that he is a terrorist. At least, not a terrorist in the same way that Al Qaeda or Hezbollah are terrorists.
I guess a new direction here would mean leaving the Iraqis to fight their inevitable civil war and hope that the side that wins isn’t to mad at us for fucking up their country even more than Saddam did.

Moreover, bear in mind that all of the above occurred in the face of the 1999 tech crash, the epidemic of corporate scandals throughout the 90's, and the 9/11/01 terrorist attacks on NYC years in the planning which collectively sucked 24 trillions dollars and 7.8 million jobs out of the US economy even before G. W. Bush had time to unpack his suitcases in the White House.

Excuses are like assholes. Every has one, and they all stink. And what was the title of that memo Condi Rice received in early 2001? That’s right, it was titled “Bin Laden Determined to Attack in the U.S.”

It's easy for the Democrats to attempt to discredit, disgrace and defame our commander in chief, George W. Bush -- that's what they do. What's not so easy for them to do is to refute irrefutable facts, no matter how they might try.

It is easy to discredit Bush, isn’t it? I guess that is because he is the most dishonest President since Nixon. And while it might be hard to refute irrefutable facts, it is not that hard to refute generalizations and deliberate misinterpretation of facts.

Do yourself and this country of ours a favor and don't be a mindless sheep or a blind liberal lap dog, bent on hate and blame-shifting simply in the name of hate and blame-shifting. Take heed of reality, use your head and cast your vote wisely in the upcoming elections. The stakes are far too high today, as America's very future, and yes, even its very survival is now at stake.

No one should be a mindless lapdog. People should look at the facts and vote their conscience. Some people's consciences push them to help people less fortunate, to tell the truth on issues fundamental to self-governace, and abhor the manipulation of terrorism to scare people into belief. Some don't. The stakes are high, but America’s survival is not at stake. America has survived a lot and it will get through a lot more, whether that be a Republican Congress or a Democratic Congress.

Do we really want change?

2006-11-04T11:23:00.000-08:00

My former boss and friend sent me a bit of conservative propaganda. He's a bit conservative and he used to loved busting my balls about my liberalism. Everyone once he a while, he would draw a stick figure on my paystub next to the federal and state withholdings. The stick figure would be bent over, being metaphorically sodomized by the government. He was convinced that actually experiencing the trauma of receiving one's first paycheck and seeing first hand the deductions from one's pay would immediately turn me into an anti-tax conservative.

It is many years later and I am still a liberal. I'm a bit more moderate in many ways, but that does not include my opinion of taxation, on which I am even more liberal and pro-tax than I ever was before.

Anyway, he sent me this email suggesting that Democrats who suggest that we need a change are misguided. It is my intention to send a rebuttal to my boss, and I would appreciate everyone's input. Even if you agree with any of the statements, let me know. I would appreciate references to support any criticism or support you might have. I may or may not post the rebuttal I draft.

The content of the email:

A NEW DIRECTION FOR AMERICA - VOTE DEMOCRATIC ?

By now you've all seen the Democrats' latest campaign slogan: "A New Direction For America -- Vote DEMOCRATIC!"*
Let's analyze this empty and misleading promise.

The stock market is at a new all-time high and America's 401K's are back. A new direction from there means what?
Unemployment is at 25 year lows. A new direction from there means what?
Oil prices are plummeting. A new direction from there means what?
Taxes are at 20 year lows. A new direction from there means what?
Federal tax revenues are at all-time highs. A new direction from there means what?
The Federal deficit is down almost 50%, just as predicted over last year. A new direction from there means what?
Home valuations are up 200% over the past 3.5 years. A new direction from there means what?
Inflation is in check, hovering at 20 year lows. A new direction from there means what?
Not a single terrorist attack on US soil since 9/11/01. A new direction from there means what?
Osama bin Laden is living under a rock in a dark cave, having not surfaced in years, if he's alive at all, while 95% of Al Queda's top dogs are either dead or in custody, cooperating with US Intel. A new direction from there means what?
Several major terrorist attacks already thwarted by US and British Intel, including the recent planned attack involving 10 Jumbo Jets being exploded in mid-air over major US cities in order to celebrate the anniversary of the 9/11/01 attacks. A new direction from there means what?
Just as Bush had planned and foretold us of on a number of occasions, Iraq was to be made "ground zero" for the war on terrorism -- and just as Bush said they would, terrorist cells from all over the region are alighting the shadows of their hiding places and flooding into Iraq in order to get their faces blown off by US Marines rather than boarding planes and heading to the United States to wage war on us here. A new direction from there means what?

Moreover, bear in mind that all of the above occurred in the face of the 1999 tech crash, the epidemic of corporate scandals throughout the 90's, and the 9/11/01 terrorist attacks on NYC years in the planning which collectively sucked 24 trillions dollars and 7.8 million jobs out of the US economy even before G. W. Bush had time to unpack his suitcases in the White House.

It's easy for the Democrats to attempt to discredit, disgrace and defame our commander in chief, George W. Bush -- that's what they do. What's not so easy for them to do is to refute irrefutable facts, no matter how they might try.

Do yourself and this country of ours a favor and don't be a mindless sheep or a blind liberal lap dog, bent on hate and blame-shifting simply in the name of hate and blame-shifting. Take heed of reality, use your head and cast your vote wisely in the upcoming elections. The stakes are far too high today, as America's very future, and yes, even its very survival is now at stake.

And that is the content of the email.

High School Musical

2006-11-03T19:23:00.000-08:00

RULES!!!! Nell and I just watched it for the first time on the Disney Channel. And it was awesome. Great tunes. Likeable characters. It is pretty much just a remake of Grease. But that being said, Grease was great, and this is great. Probably my time would have been better spent studying for the MPRE tomorrow (on which I have to score an 85 to be admitted to the bar), but I have no regrets. Great movie. I might even make you a creme brulee.

Tax Tuesday: Direct Taxes

2006-10-31T08:43:00.000-08:00

I have for a long time wondered what exactly a “direct” tax was. After all, it seems pretty central to the Constitutional power to tax. Reading through Chemerinski last night, I found the answer. The Supreme Court has long held that a direct tax is a tax on property (although the distinction between direct and indirect is no longer relevent due to the 16th Amendment). An income tax is not a direct tax. Article I Section 9 Clause 4 of the Constitution provides that no capitation (head tax (e.g. everyone has to pay $100 per year)) or other direct tax shall be lawful unless in proportion to the census. But if an income tax is not a direct tax, then the power to tax laid out in Article I, Section 8, Clause 1 is unrestricted. And this means that Congress's power to tax incomes does not derive from the 16th Amendment.

And, in fact, prior to the ratification of the 16th amendment, Congress did impose income taxes (and other indirect taxes). And the Supreme Court upheld these taxes. The first income tax in the United States was enacted during the Civil War.

So what’s the deal with the 16th Amendment? If we can already tax income without regard to apportionment, then what does the 16th Amendment do for us?

Well, in Pollock v. Farmers’ Loan and Trust Co., (1985) the Court held an income tax unconstitutional. But the income tax was declared unconstitutional only because the statute taxed not only labor income, but also income from property. Thus the property tax portion of the law was a direct tax. In addition, it was not apportioned according to the census. Conclusion: unconstitutional under Article I, Section 9, Clause 4. The labor income portion of the tax was not unconstitutional.

So it seems to me that what the 16th Amendment really does is allow taxation on gains from property (e.g. capital gains, rental income, etc.).

What I really want to hit home about this is that tax protestors who claim that a tax on labor income is unconstitutional, because either the 16th Amendment was not properly ratified or that the Constitution does not authorize a tax on labor income, are so clearly wrong that it boggles the mind. A brief look at Article I of the Constitution should clear a lot of things up.

Some News

2006-10-29T15:29:00.000-08:00

For those who weren't at the halloween party last night, I again wore my french maid costume. I will not post a photo because last year when I did post a photo, I received numerous comments, both via blog and face-to-face, that seeing the photo made people sick to their stomachs. If you are someone who has not seen the photo, and you have a strong stomach, feel free to look through my October 2005 archives.

Another thing that people not at the party may not have heard is that next spring, Nell and I will be leaving the midwest for the pacific northwest. It was a very bitter-sweet decision, because I have made some very good friends here and have no real desire to leave them. But such is life. I left a few great friends back in Colorado to come to the midwest for law school, and as difficult as that was, it was the right decision.

But regardless, there is still a lot of time between now and graduation. A lot more finals, a lot more lunches, and a lot more boring FedJur lectures.

Morality Monday (Tuesday)

2006-10-24T09:59:00.000-07:00

This is a long post, but everything after this sentence is the proposed stem cell amendment in Missouri; vote for or against in the comments.

Be it resolved by the people of the state of Missouri that the Constitution be amended:

One new section is adopted by adding one new section to be known as section 38(d) of Article III to read as follows:

Section 38(d). 1. This section shall be known as the “ Missouri Stem Cell Research and Cures Initiative.”

2. To ensure that Missouri patients have access to stem cell therapies and cures, that Missouri researchers can conduct stem cell research in the state, and that all such research is conducted safely and ethically, any stem cell research permitted under federal law may be conducted in Missouri, and any stem cell therapies and cures permitted under federal law may be provided to patients in Missouri, subject to the requirements of federal law and only the following additional limitations and requirements:

(1) No person may clone or attempt to clone a human being.

(2) No human blastocyst may be produced by fertilization solely for the purpose of stem cell research.

(3) No stem cells may be taken from a human blastocyst more than fourteen days after cell division begins; provided, however, that time during which a blastocyst is frozen does not count against the fourteen-day limit.

(4) No person may, for valuable consideration, purchase or sell human blastocysts or eggs for stem cell research or stem cell therapies and cures.

(5) Human blastocysts and eggs obtained for stem cell research or stem cell therapies and cures must have been donated with voluntary and informed consent, documented in writing.

(6) Human embryonic stem cell research may be conducted only by persons that, within 180 days of the effective date of this section or otherwise prior to commencement of such research, whichever is later, have

(a) provided oversight responsibility and approval authority for such research to an embryonic stem cell research oversight committee whose membership includes representatives of the public and medical and scientific experts;

(b) adopted ethical standards for such research that comply with the requirements of this section; and

(c) obtained a determination from an Institutional Review Board that the research complies with all applicable federal statutes and regulations that the Institutional Review Board is responsible for administering.

(7) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by the provisions of this section other than this subdivision (7) to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

3. Any person who knowingly and willfully violates in this state subdivision (1) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to fifteen years or by the imposition of a fine of up to two hundred fifty thousand dollars, or by both. Any person who knowingly and willfully violates in this state subdivisions (2) or (3) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to ten years or by the imposition of a fine of up to one hundred thousand dollars, or by both. A civil action may be brought against any person who knowingly and willfully violates in this state any of subdivisions (1) through (6) of subsection 2 of this section, and the state in such action shall be entitled to a judgment recovering a civil penalty of up to fifty thousand dollars per violation, requiring disgorgement of any financial profit derived from such violation, and/or enjoining any further such violation. The attorney general shall have the exclusive right to bring a civil action for such violation. Venue for such action shall be the county in which the alleged violation occurred.

4. Each institution, hospital, other entity, or other person conducting human embryonic stem cell research in the state shall (i) prepare an annual report stating the nature of the human embryonic stem cells used in, and the purpose of, the research conducted during the prior calendar year, and certifying compliance with subdivision (6) of subsection 2 of this section; and (ii) no later than June 30 of the subsequent year, make such report available to the public and inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report. The report shall not contain private or confidential medical, scientific, or other information. Individuals conducting research at an institution, hospital, or other entity that prepares and makes available a report pursuant to this subsection 4 concerning such research are not required to prepare and make available a separate report concerning that same research. A civil action may be brought against any institution, hospital, other entity, or other person that fails to prepare or make available the report or inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report, and the state in such action shall be entitled as its sole remedy to an affirmative injunction requiring such institution, hospital, other entity, or other person to prepare and make available the report or inform the Secretary of State how the public may obtain or otherwise gain access to the report. The attorney general shall have the exclusive right to bring a civil action for such violation.

5. To ensure that no governmental body or official arbitrarily restricts funds designated for purposes other than stem cell research or stem cell therapies and cures as a means of inhibiting lawful stem cell research or stem cell therapies and cures, no state or local governmental body or official shall eliminate, reduce, deny, or withhold any public funds provided or eligible to be provided to a person that (i) lawfully conducts stem cell research or provides stem cell therapies and cures, allows for such research or therapies and cures to be conducted or provided on its premises, or is otherwise associated with such research or therapies and cures, but (ii) receives or is eligible to receive such public funds for purposes other than such stem cell-related activities, on account of, or otherwise for the purpose of creating disincentives for any person to engage in or otherwise associate with, or preventing, restricting, obstructing, or discouraging, such stem cell-related activities.

6. As used in this section, the following terms have the following meanings:

(1) “Blastocyst” means a small mass of cells that results from cell division, caused either by fertilization or somatic cell nuclear transfer, that has not been implanted in a uterus.

(2) “Clone or attempt to clone a human being” means to implant in a uterus or attempt to implant in a uterus anything other than the product of fertilization of an egg of a human female by a sperm of a human male for the purpose of initiating a pregnancy that could result in the creation of a human fetus, or the birth of a human being.

(3) “Donated” means donated for use in connection either with scientific or medical research or with medical treatment.

(4) “Fertilization” means the process whereby an egg of a human female and the sperm of a human male form a zygote (i.e., fertilized egg).

(5) “Human embryonic stem cell research,” also referred to as “early stem cell research,” means any scientific or medical research involving human stem cells derived from in vitro fertilization blastocysts or from somatic cell nuclear transfer. For purposes of this section, human embryonic stem cell research does not include stem cell clinical trials.

(6) “In vitro fertilization” means fertilization of an egg with a sperm outside the body.

(7) “Institutional Review Board” means a specially constituted review board established and operating in accordance with federal law as set forth in 42 U.S.C. 289, 45 C.F.R. Part 46, and any other applicable federal statutes and regulations, as amended from time to time.

(8) “Permitted under federal law” means, as it relates to stem cell research and stem cell therapies and cures, any such research, therapies, and cures that are not prohibited under federal law from being conducted or provided, regardless of whether federal funds are made available for such activities.

(9) “Person” means any natural person, corporation, association, partnership, public or private institution, or other legal entity.

(10) “Private or confidential medical, scientific, or other information” means any private or confidential patient, medical, or personnel records or matters, intellectual property or work product, whether patentable or not and including but not limited to any scientific or technological innovations in which an entity or person involved in the research has a proprietary interest, prepublication scientific working papers, research, or data, and any other matter excepted from disclosure under Chapter 610, RSMo, as amended from time to time.

(11) “Solely for the purpose of stem cell research” means producing human blastocysts using in vitro fertilization exclusively for stem cell research, but does not include producing any number of human blastocysts for the purpose of treating human infertility.

(12) “Sperm” means mature spermatozoa or precursor cells such as spermatids and spermatocytes.

(13) “Stem cell” means a cell that can divide multiple times and give rise to specialized cells in the body, and includes but is not limited to the stem cells generally referred to as (i) adult stem cells that are found in some body tissues (including but not limited to adult stem cells derived from adult body tissues and from discarded umbilical cords and placentas), and (ii) embryonic stem cells (including but not limited to stem cells derived from in vitro fertilization blastocysts and from cell reprogramming techniques such as somatic cell nuclear transfer).

(14) “Stem cell clinical trials” means federally regulated clinical trials involving stem cells and human subjects designed to develop, or assess or test the efficacy or safety of, medical treatments.

(15) “Stem cell research” means any scientific or medical research involving stem cells. For purposes of this section, stem cell research does not include stem cell clinical trials.

(16) “Stem cell therapies and cures” means any medical treatment that involves or otherwise derives from the use of stem cells, and that is used to treat or cure any disease or injury. For purposes of this section, stem cell therapies and cures does include stem cell clinical trials.

(17) “Valuable consideration” means financial gain or advantage, but does not include reimbursement for reasonable costs incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer, or donation of human eggs, sperm, or blastocysts, including lost wages of the donor. Valuable consideration also does not include the consideration paid to a donor of human eggs or sperm by a fertilization clinic or sperm bank, as well as any other consideration expressly allowed by federal law.

7. The provisions of this section and of all state and local laws, regulations, rules, charters, ordinances, and other governmental actions shall be construed in favor of the conduct of stem cell research and the provision of stem cell therapies and cures. No state or local law, regulation, rule, charter, ordinance, or other governmental action shall (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by this section to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

8. The provisions of this section are self-executing. All of the provisions of this section are severable. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.

In my defense

2006-10-21T16:08:00.000-07:00

I only rarely directly respond to a comment in a previous post with a whole new post, but Squishy Burrito left me no choice. OK, so you had a baby and still managed to post on your blog. But I'm a busy guy! For instance, on Wednesday I woke up at 8 a.m. to take Nell in to work, and didn't even settle in for my first nap until 8:45! And I only took one nap! After that, I had to go into school for my one wednesday class. Then home for dinner and television. And my shows aren't over until 8 p.m. At his point in the day, I have not had a free moment to post on the blog for a full 12 hours! And no I have to do homework till 10. Then, bed time.

In addition to my rigorous schedule, I just haven't been able to figure out anything to post about. Anytime something interesting pops into my head, I am away from my computer. And then when I get to the computer, I can't figure out why I ever thought that thing was interesting.

So in conclusion, the explanation for my paucity of posts is: too lazy, low self-esteem, and writer's block.

By the way, I looked at some picture of Lster. Very cute. And the pictures of Mster and Lster together... Awesomely Cute!

I didn't think it would happen

2006-10-15T23:15:00.000-07:00

But the Colorado Buffaloes won a game. Of course, I didn't see the game as it was not televised here. And despite the fact that we opened the season with a loss to a I-AA team, dammit, I'm proud of the Buffs. It's easy to hang your head and blame circumstance. But to pick it up and beat Texas Tech, that means something. Given, Texas Tech is no Georgia or Texas or Oklahoma or even Notre Dame, but it is a step up from Montana State. Here's ESPN's take on the game. Apparently, the students rushed the field. Times they are a'changin.

I was there in 2001 when we beat the Huskers 62-36. I rushed the field and it felt great. That was a rivalry.

I was in Boulder that same year when the Buffs beat Texas in the Big 12 Championship game. Frow and Ryan and I went cruising on the Hill, revelling with pedestrians, to celebrate.

But a midseason win against a mediocre Texas Tech? I mean, I'm happy we won a game this year, but rushing the field? I don't think so.

Dr. Miracles, Episode 3

2006-10-10T16:02:00.000-07:00

It's new, it's funny, and it is wildly inappropriate. Viewer discretion is advised.

Latter Day Saints and Tax Evasion

2006-10-10T12:17:00.000-07:00

Apropos of many discussions I've had with Arfanser, here is an empirical article on tax evasion and the Mormon church. I haven't read it all yet, but it is on my to-do list.

Conlcusion: "The study also found that Mormons are significantly more opposed to tax evasion than are non-Mormons, regardless of the issue.

Murphy Update

2006-10-10T08:48:00.000-07:00

This isn't my most timely post, but the IRS has filed a motion for rehearing in the D.C. Circuit in the Murphy case. Here's a link to the brief. I haven't read the whole thing yet, but what I have read is good. Note the Circuit court judges on the panel decision were Ginsburg (who wrote the opinion), Brown, and Rogers. Ginsburg was appointed in 1986 and actually clerked for one of my favorite Supreme Court justices, Thurgood Marshall. Rogers was appointed in 1994 following a career in corporate, government, and criminal law. She also had an LLM from U Virginia. Janice Rogers Brown, of course, will be remembered from her very contentious appointment in 2005 to the court. Interestingly, she also has an LLM from Virginia. These brief backgrounds of the judges are of no real importance, but ever since I began reading "The Brethren" by Bob Woodward et al. last week, I have become a little more interested in the backstories of judges.

Bunny in a Box

2006-10-07T14:04:00.000-07:00

Awake? Awake.

2006-10-02T22:47:00.000-07:00

There was a time when being awake at one in the morning was par for the course, nothing unusual. Frow and I were just getting started on our all-night philosophy jams that would go until four or five. Then I would get up, walk all the way across campus, and fall asleep in Roman History.

But I'm not a freshman any more. I like sleep. I like it a lot. I like my nice firm mattress; I like my comfy blankets; I like (most of all) curling up with Nell*.

Yet I am awake. Sitting on the couch, watching the TVGuide Channel's scroll of late-night crap. Yeah, like I'm going to watch Danny Deutch. Try again CNBC!

The thing is, I barely slept at all last night. I seriously slept for maybe two hours in toto. And that's coming from a guy who enjoys sleep.

When I was in high school, I took a psychology class. One of the few things I remember is that the teacher said that if we couldn't sleep, we should grab a pen and paper and write down our thoughts in a flow-of-consciousness style. I don't think I'm willing to be quite so revealing, but I thought a blog post might be somewhat therapeutic.

But now that I've said that, I can't think of anything to write. And I'm still not tired. Um............... So... Pretty awesome weather today. 1031 transactions turn out to be bigger business than one might expect. My favorite subsection of the Code: 751(b). The longest subsection of the code: 401(a). My least favorite Code subsection: 1(h). Please feel free to submit your own favorite and least favorite section, subsection, or subchapter of the Code. Makes for interesting chitchat.

OK. I think you have all had enough.

*As a side note (I have told one or two people this but I think it bears telling to everyone) when I come home after ten or ten thirty at night due to studying at school and I climb into bed, Nell is inevitably asleep. Despite her unconsciousness, she will role onto her side as soon as I get into bed into to have me spoon with her. I find it quite adorable. If she reads this and finds it too revealing, I may have to take it down, so read it while you can!

Statutory Interpretation

2006-09-28T07:13:00.000-07:00

Daniel Shaviro demostrates why everyone should take at least a basic course in Federal Income Tax. When you parse through The Statute, you learn how to parse any statute.

The corruption is breath-taking

2006-09-21T08:33:00.000-07:00

I just don't know how some people can sleep at night, and that's coming from someone with a fairly flexible moral compass. Read about the Department of the Interior preventing its auditors from recovering money from some oil companies. It boggles my mind and makes me think that the public choice theorists have something right.

A couple of good tax articles

2006-09-20T08:06:00.000-07:00

Tax Prof Blog has links to the PDFs of two papers by Lawrence Zelenak of Duke. The first is a great little number on the civic virtues of income tax filing (apropos of some recent conversations I've had), and the second mentions Homer Simpson in the title. I think this is the beginning of the wave of reenlightenment of tax scholarship!

Late Night Poetry, II

2006-09-12T23:50:00.000-07:00

It's a poetry jam.

Camp on t
he mount...
windy, cold and warm
with snow

dew freezing
into icy blo-
g a
n

a clef. unto into
peaks and troffs and
trolls and such.
but don't

of maybe do.
the die of it
is dewing a
thing for

Dee z
Nut
Z
PERfict

Late Night Poetry

2006-09-12T23:29:00.000-07:00

Without further ado, an original work by FishFrog:

up at one and w-
hy? who kn-
ows

cha-
tting with kat and r-
abbit. Glass of water

empty.
Refill it. Empty again.
Saturated.

TV. Nothing on
this late.
reruns

and thinking
about bed

and thingink
about

more water
an blog a
clef

for Maverick
pitching
and wond

ering. Thom.
Thom. Thom. Alva.

Dr. Miracles, Episode 2

2006-09-10T10:21:00.000-07:00

Episode 2 is out! It's not quite as good as the first one (blogged here), but it is still hilarious. Hilarious and inappropriate. Not workplace friendly.

How to negotiate

2006-09-09T17:14:00.000-07:00

This is a very funny video.

Very Sad News

2006-09-04T08:16:00.000-07:00

The Crocodile Hunter is dead. Killed by a sting ray. It is fitting though, that he died doing what he loved. He seemed like the kind of guy who would be miserable decaying in an old folks home. Though he probably would have preferred being kill by a croc.

The world needs charismatic and energetic crusaders for the environment. Steve Irwin was able to capture people's attention with his shenanigans, and he used the time he had to educate everyone as to the fragile state of the wild.

A note on diminishing marginal returns

2006-08-30T07:36:00.000-07:00

From Lewellen, "The Cost of Capital":

The second million, while still worth having, is not quite as valuable to him as the first million, since the latter has already provided him with most of the material satsfactions he wanted out of life. Three summer homes do not really generate half again the happiness of two."

It should be called the "Three summer house rule" and take its place in the legal pantheon along side the "Three pony rule."

Also in 1934

2006-08-30T06:54:00.000-07:00

Tom Baker, whom I will always think of as the real Dr. Who, was born on January 20.