delete-a-vote

for those of you who haven't yet heard me scream...

it turns out that the guy who invented the diebold e-voting system promised to 'deliver the state of ohio to bush' ... so he purposely designed the system in such a way that it is actually possible to hack in and delete and/or change votes before they are actually recorded -- and leave no audit trail!!!

what a perfect solution to bush v. gore!!! fraud with no footsteps (or hanging chad).

Read: Salon, Buzzflash, and the Agonist.

This problem goes pretty far back...Scoop has a 2002 article about diebold -- interesting details on campaign contributions of the board of directors...

Tomorrow: Blackboxvoting is coming out with the book in electronic format.

right to die...onstage??

Sorry about the obscure link, but I saw this the other day and didn't have time to blog about it. (I am very very very busy with that dreaded "analysis memo" ... the most important thing you do in law school and you have to do in your first semeseter!)

so this band thinks that they can bring attention to the right to die by having a terminally ill person commit suicide during the concert.

okay. even if I wholeheartedly support the right to die, I certainly wouldn't consider committing suicide as a stage prank one of the acceptable ways of dying with dignity.

but, I guess in the end it doesn't matter because the whole thing was a publicity stunt to begin with. the band has gotten more press from the outrage expressed by anyone with any sense of humanity or compassion than they ever would have if they just pulled of the suicide stunt with no complaints.

what makes me outraged is not the suicide per se, but the way in which the band willing to take advantage of the right to die issue for their own gain.

they obviously could care less that the issue with the right to die is not the suicide, but the the right of a terminally ill person to die with dignity.

anyway. I would hate to spill any more ink over such idiotic behavior, but what really worries me is that word has it that they are planning to do the suicide trick anyway, but in a secret location.

anyone willing to bet there is a 1st degree murder rap coming down the pike???

here's my thinking. A Florida law already makes assisting in a suicide manslaughter. But if the band were to not only assisting, but actively soliciting the suicide, it seems to me to show a sense of depravity that seems aggravated enough to cross the line to a charge of murder -- especially if the band goes ahead, in light of the specific city prohibition, and holds the concert in a secret location and the suicide happens.

I don't know what penalty the city ordinance entails, the article only says it is "illegal." Let's hope the penalty is murder because it should be.

UPDATE: the concert and webcast didn't happen.

it may be that they held the concert in secret, but their server froze up when all this traffic hit it. the band says they didn't know until after the concert that there were technical problems.

I wonder what they did with the body?????

woo hoo for the ACLU

ACLU takes aim at record labels

looks like we're lining up a good team against RIAA.

power to the people!

There went the Constitution...

The USA Patriot Act is being used for non-terrorism criminal investigations...

U.S. Uses Terror Law to Pursue Crimes From Drugs to Swindling

as if anyone actually believed the act was designed to fight the immediate threat of terrorism?

how many terrorists has the Patriot Act helped us catch?

my primary criticism of the act is this: there were not any safeguards in the act to protect from this kind of abuse. it should have expressly limited the extension of power to terrorism-related crimes, and no evidence obtained through the extension of power should be used in ordinary criminal prosecution.

otherwise, we are living in a police state.

new year terror attack...

the media is just glossing over this, or not reporting it at all.

a palestinian gunman with an M16 attacked a family eating new year's dinner, killing a 7 month old baby .

because the palestinians began their 'intifada' on the jewish new year, they feel the need to commemorate it each year by a terror attack...start each new year by killing jews while they are eating dinner.

the spokesman from the foreign ministry put it more tactfully,

"This shows again the ugly face of Palestinian
terrorists," said Jonathan Peled, an Israeli
Foreign Ministry spokesman.

"It shows they are totally oblivious to the
sanctity of life, the sanctity of religion.
This is a barbaric act which raises a question
about whether we have a partner on the other
side," he added.

patent lawyers: festo decided again

IPWatchdog.com - Festo - Fed. Cir. Majority on Remand

don't have much to say, but there are many who do.

more reasons not to vote for Ahnuld...

Contra Costa Times | 09/26/2003 | Pressure forced Arnold into forum

he just gets worse and worse as he goes on.

so now he is saying that debates distract from the 'big picture' and he never wanted to do them in the first place.

well duh, arnold. that is why you are so lame at it.

basically, his fiscal plan consists of selling off state property and taxing indian gaming (while at the same time encouraging it to double in size).

okay yet another reason arnold is completely unqualified to govern the greatest state in the land.

indian gaming shouldn't be a source of revenue the state budget, it is a way the native americans to derive an income and continue to exist fiscally separate from the state.

I believe taxing the native americans for income derived on their land is bad policy, and it is just another way of not recognizing their sovereignty. .

I would be surprised if he could get the tribes to go along with it either. If they do, I think they do so under threat of economic duress.

1L Syndrome

yes, after all, this is a law student's blog.

week 6 is over. I survived, but I am falling behind in crim law.

I think my hair is starting to fall out...faster.

I've noticed more people smoking on campus.

just can't start again.

Moussaoui indictment to be thrown out...

In Maneuver, U.S. Will Let Terror Charges Drop

very interesting. we should talk about this in crim pro.

since witnesses are not available (because of the WOT, compromising national security, they are in cuba) the trial can't go on, and the court has no other alternative than to kick it up to the 4th Circuit to resolve these issues. after that, perhaps it could be remanded to continue trial, or it will go to the supreme court to resolve the constitutional issues not only of the unavailability of defense witnesses, but also of the potential for subjecting a citizen to a military tribunal.

I sort of figured that ashcroft was going to have a tough time prosecuting 'terrorists', or whatever in civilian court.

this may have the eventual outcome of strengthening the military tribunal system because it will be most efficient and secure, protecting the confidentiality necessary to continue the WOT.

at the expense of the Constitution.

UPDATE: the government's position filed 9/24/03. (findlaw pdf)

armed with RAID?

it turns out that guy who drove a tractor into the pond at the washington monument a few months back wasn't armed with anything more than roach killer.

and just so you don't blow him off as a complete lunatic, the guy was military police and a tobacco farmer, and was trying to talk to his congressman.

I feel for the guy...he just got frustrated with the fact that our government doesn't listen to the people. he has some legitimate gripes.

on the other hand, we don't want to encourage everyone to act like he did when you get frustrated with the government.

I think he would have been better off if he had gotten a "million farmers" to march on washington...one man acting "civilly disobedient" alone can be criminal, but a million folks doing it is a movement.

UPDATE: read the criminal complaint (findlaw pdf)

Edward Said died today at 67.

The LA Times story paints him in about the best light possible, and only briefly mentions what some of his critics think of his "scholarship."

but you just can't say bad things about the dead.

earthquake watch...

Japan had a couple of huge quakes today...

An 8.0!!! and if that wasn't enough, another 7.0 followed!!!

then Taiwan had a 4.9 just moments later...

I've actually been tracking the pattern of earthquakes between Japan and California for a number of years (nerdy fascination), and they seem to ping pong back and forth across the pacific, especially with the big ones. (duh, it's the same plate!)

so the west coast could get one in the next 2-3 days.

so cal has had a lot of 2-3 point quakes lately, there was a strange series of 3.9s around Valencia for a few days back in august.

and the hayward fault just shifted, which is NEVER supposed to happen (or so we prayed while living at I-House).

let's hope there's been enough activity lately that there are no major stress points when the shockwave hits.

UPDATE: There was a 3.5 in Hollister at 7:35am this morning (the japan quake hit at 12:50pm PST).

If you live in the bay area, I would suggest checking your earthquake kit, just in case.

Also, watch out for those TSUNAMIS.

UPDATE: another 5.2 in the japan area -- technically in sakhalin, russia -- at 9:45pm PST.

UPDATE: the upgraded the hokkaido quake to 8.3!

UPDATE 9/26: another 6 point aftershock hit japan...

UPDATE: 9/27: a 7.3 in Khazakhstan...see cool map here (3 quakes).

federal consumption-type taxes

I've started reading A Taxing Blog because, alas, I am a shameless tax nerd.

I'm somewhat familiar with the debate, and have pondered (but not too deeply) the issue of the feds moving to consumption-type taxes instead of income taxes.

the problem I have with this proposal is that it taxes the poor people disproportionately more than the rich.

for instance, with the formula given (income - savings = consumption), you can readily see that the poor will pay tax on their entire income because they have to "consume" their entire income just to survive (i.e. none left for savings, so no deduction is available).

whereas the rich, who consume only a miniscule portion of their income, will be able to stash everything into interest-bearing "savings accounts" and not pay tax on any of it (until, at some point in the distant future it is "consumed", which is not likely).

while I am sympathetic to the argument that our income taxation system is overly complicated and "there ought to be an easier way", I am extremely wary of distributing the tax burden where the poor are taxed on everything they earn (because they consume it all), and the rich are taxed only on what they spend.

for instance, say I come into $1M. I put it in the bank and earn $100K interest for the year. I have $50K of expenses for the year.

under the income tax system, I will pay tax on the $1M + $100K, unless I have some clever investments to take advantage of the deductions.

but under the consumption tax, I will avoid paying tax on $1M principal and the $50K of the interest altogether because it is "savings" and I get a 100% deduction. I will only pay tax on the $50K of my living expenses.

under the consumption tax, I will continue to pay the same amount of tax on my $50K of expenses every single year (because I am somewhat frugal), while my bank balance will increases another $50K every year (or more -- compound interest).

I will never pay a single cent of tax on my $1M, and I will never pay a single cent of tax on the balance of the interest that I earn each year which I manage not to spend. With each passing year, I am taxed at a lesser and lesser percentage of my overall income.

on the flip side, suppose I work really hard and earn $50K for the entire year, but because I have a mortgage, family, car payments, and student loans to repay, I consume the entire $50K to meet my overhead. Under the consumption tax system, I will have to come up with some money to pay the taxes on my $50K, which will leave me something like $5K in the red. I am taxed on 100% of my income every year, with no relief in sight.

(however, under the income tax system, I will get a deduction for my house, my dependents, my student loans, and I will end up about $5K ahead. I will pay taxes only on the income - deductions, which is always going to be less than 100%).

Besides the proportionality issue that troubles me, I also see the system as discouraging investment and business growth (venture capital and the like).

If the consumption tax is based on the formula "income - savings = consumption," then everyone will turn to savings as a way of avoiding taxation. this will only affect people who have disposable income to save (the rich) in the first place. with this kind of setup, one would be very disinclined to subject oneself to taxation by withdrawing money and investing in business because it would be "consumed" upon investment in a new business.

I can also see this structure as discouraging business from investing in research and development, because they will only seek to invest in "sure things" which will generate income equal to or greater than the investment. this will, in turn, affect the progress of science and technology.

so now that I've pondered a bit more on the subject, perhaps I ought to read some articles that give the good reasons for this kind of a system (other than that it seems much easier to administer) before I reject it.

but then again, I don't need to think about this until I do my LLM. I've got a lot of contracts to read before tomorrow.

a shameless plug for Anarchy ...

one of my classmates (Jordan Susman) made this really cool movie:

The Anarchist Cookbook

I've only watched the trailer, but the directing looks outstanding!

kudos to Jordan...I hope you get the oscar you deserve.

(or at least enough money to pay law school tuition!)

now do I get a free copy?

eugene volokh's or josh chafetz' smoked salmon and brie quesadilla

I just sent the recipe to my 'other half'... responses forthcoming.

everyone is raving about it. If I actually had time to cook, I would try it myself.

alas, as a 1L, I am condemned to subsist on pizza.

aha! the light went on in Iraq...

Iraq puts sanctions on Arabic-language networks

a permanent ban from reporting in the country would be better, but at least they are catching on to the connection between al-jazeera and the terrorist networks (pun intentional).

the spokesman for al-jazeera said a bunch of words which essentially mean nothing. he is trying to defend the network's 'fair and balanced' reporting, but its all b.s.

they have a bias, they like to show blood and guts because it is 'newsworthy' and the people demand it.

but they cross a line if they are encouraging or aiding and abetting the violence (hey! that accomplice liability stuff is really useful) -- they are no longer acting as 'neutral journalists,' they have crossed the line to combatant.

by the way, isn't the media always one of the most important weapons in war?

why even bother?

I wanted to blog about the 9th circuit's reversal, but what's the use?

I would complain, but noone else is. the ACLU just gave up on it.

so we'll go to the polls, and then the loser will sue, and only then will bush v. gore apply?

UPDATE: just as I was saying......

TEXT of 9th Circuit Ruling: Findlaw pdf

its a wonder anyone even votes anymore. not only does all this judicial monkeybusiness make poor people know that their votes don't count, it makes the judiciary look really bad because they simply do not care about the poor vote.

the poor vote doesn't finance elections.

the poor don't vote republican.

UPDATE: after reading the opinion, it looks pretty clear that it came down to deciding the case on practical, not legal, grounds.

the legal reasoning is weak, and the only way they get to the decision is by weighing the amount of time, money, and effort already spent against the 'speculative' nature of potential voting irregularities with punch card ballots.

they relied too heavily on the constitutional mandate to hold the election within a certain period of time.

they seem to have forgotten that:

1) this is a RECALL, not a regular election. most people didn't want to be dragged to the polls in the first place, so I hardly think that the court can say that the people are demanding their vote to be counted on a particular day. only Issa and his small group got this crazy ball rolling.

2) the ballot has 135 candidates!!! isn't this a significant factor in increasing voting irregularities?

3) they are buying a lawsuit. aren't they supposed to prevent costly and wasteful litigation on a matter than can be resolved at a lower level??? if delaying a vote can ensure that we don't have a post-election suit, shouldn't they weigh that interest more heavily than a regulatory timeframe?

ACLU won't appeal...

(hat tip: eugene volokh)
Election Law

get ready for Oct. 7th!!!

Excerpts from 9th U.S. Circuit Court hearing on California recall

check out kosinski's questioning...trying to distinguish bush v. gore.

more on the arafat-syria-iran-al qaida connection...

DEBKAfile - US 101st Tackles Arab Tribes Helping Guerrillas Reach Iraq from Syria

I first commented on this, then deleted my comment. now I am reinstating.

it looks like arfrat has sent a whole bunch of palestinians to blow themselves up in iraq.

what I don't understand is how the UN can protect a guy who is purposefully sending suicide bombers to kill UN personnel.

obvious clue: using bomb belts.

It just further weakens the argument that the palestinians "have to use suicide bombers because it is the only weapon they have" (see below).

and by the way...who's bright idea was it to trust assad on keeping the iraq-syrian border closed? that is about the stupidest mistake that could be made, now there are 15,000 of them running around the countryside. great.

the only weapon???

The rationale for suicide bombs was reiterated again today in the nytimes.

Arafat Seeing Renewed Support Among Palestinians

a 19 year old math student says, " "This is the only weapon we have," and another 33 year old said, "If they kill him [arafat], if they force him to leave, we will do suicide bombing all over Israel."

first...suicide bombing is not the only weapon. suicide bombings are the problem, not the solution.

will somebody please explain this to these people???

negotiation is the most powerful weapon.

the problem is that arafat doesn't know how to weild it because it doesn't blow up and kill jews. when he saw that negotiation would actually succeed in attaining statehood for his people, he made sure to turn away from it because killing all the jews was a more important goal than all the hopes and dreams of his people.

I don't see much hope, because even the elders are clueless. an 80 year old man asked 3 questions, "Is it rational to attack Hamas and Islamic Jihad?" Do you think anyone will agree to attack Hamas and Jihad? Then what? Israel will continue to attack our own people."

1. yes, it is rational to attack hamas and islamic jihad. they are a danger and act against the interest of both the palestinian and israeli societies. they are not the 'palestinian army', they are terrorists who commit crimes against humanity and they must be stopped.

2. No, I don't think anyone (palestinian) will attack hamas and jihad. and this is the problem. palestinian society refuses to be self-governing.

3. Then what? Israel will continue to attack hamas and jihad. The difference here is that Israel is not out to kill all the palestinians, just the terrorists that the palestinians refuse to attack themselves. they are essentially asking Israel to take care of the problem so that they don't have to (for whatever justifications given for #2), and therefore cannot complain about the collateral damage (ergo no justification for revenge).

sooner or later they will have to figure it out. for everyone's sake, let's hope it is sooner.

CAKE was delicious!!!

at the avalon in hollywood.

unlimited sunshine, baby.

the hackensaw boys were completely awesome. I love all of 'em.

I collected a bunch of guitar picks from cheap trick.

and CAKE was delicious.

vince was ultimately cool (I can't believe he has two kids already!), john seemed chipper with a new bird on his wing, and gabe disappeared so I didn't get a chance to say hi. he probably ran off with michael. I just love it when I am so far from home, yet meet up with friends.

I drank plenty of sauza, and danced by butt off to my favorite band in the whole wide world.

and special thanks to the guys who gave my battery a jump! you can't skip a beat if you don't have a drum...

woo hoo for lulu...

kangaroos are cool...

no surfing tax...

House Passes Ban on Internet Access Tax

this is a bold new development, very exciting.

while I understand that the 9 states that rely on internet access tax revenues will need to restructure, they've known for five years that access taxes were on their way out, and should have thought of a plan-B by now.

Keep an eye out for next week: uniform e-commerce sales tax proposal due out....

cheesy ploy to get a job...

check this out: this 3L at Tulane is sending a 5 page "pleading" to law firms as a pitch for a job.

firstly, you never want to send something to a law firm that looks like litigation unless you mean to sue. even if you manage not to offend, your letter is likely to get misdirected.

secondly, it is not a terribly well written letter.

-- now I know this guy is just a 25 year old spoiled "rich" kid.
-- while the image is funny, I'm sure he just borrowed the dumpster diving story from one of his professors.
-- the most important terms of his "offer" are put in a footnote all the way at the end.

the whole thing is the worst kind of groveling for a job. I'm embarassed for Ernst & Young -- if they see it they will surely be offended.

I hope when it is my turn to pitch myself for a job (like next semester), I come off as impeccably professional.

I want $150K for min 2000 billable as an international tax specialist.

tell us something we don't know...

arfrat finally comes out and admits he holds the terror strings:

ABCNEWS.com : Arafat: I Can Prevent Suicide Attacks

well of course he can stop suicide bombs -- they don't go without his blessing.

its insulting to the world's intelligence, how dumb does he think people are?

in the belly of the beast...

the recall took another turn in the digestive tract of the justice system...
the 9th circuit is going to review its own decision...

Appeals Court to Reconsider Recall Postponement

this is good. everyone thinks the 9th circuit is a rogue court anyway, so a little extra review is too its own benefit.

if, upon more scrutinous review, the majority of the ninth circuit agrees with the decision, then it will be much harder for the supreme court to reverse.

maybe that is why the republicans want supreme court review right now?

bye bye galileo...

Scientific American: Farewell, Galileo

wow, so sad to see it go.

hee hee hee

It was soooooo funny.

our contracts professor showed up, for the first time ever, in some weird (not black) shirt today. the shirt was just plain weird. I've never seen anything like it before in my life.

it was slightly wrinkled and sort of yellow-white, and looked as if it had lost the right half of the front panel (eaten by a lion, maybe?) and that someone had cleverly sewn on a white muslin patch in place of the entire front panel, complete with outside stitching and frayed edges.

weird.

he explained it as getting dressed around his shoes.

he seemed surprised anyway, that we all showed up in black.

grass roots...

it seems that some students in my section have taken up my suggestion that we all come to contracts dressed in black. I unleashed the idea two weeks ago, but it seems to have gained some momentum...

(see earlier posting on fear and loathing in contracts)

today's the day!!! We have back to back contracts classes (the second one is a make up -- our torts professor had to cancel class to attend the Restatement meeting and gave his room/time to our contracts prof).

I can't wait to see his face when he looks up to see a sea of black...

Israeli pilot refuseniks...

a handful of Israeli pilots are refusing to execute palestinians with missles.

fine. just send the regular army troops in. special ops ought to be able to get close enough for a handheld weapon, however big. they are probably better shots anyway.

besides, helicopters with missles looks bad on tv because it always has collateral damage. the power imbalance is accentuated.

but then again, guerilla warfare inevitably kills more civilians. especially willing human shields.

either way, the terrorists have got to go (including the 'not dead yet' arfrat) and all of the willing (to die for them) along with.

Kennedy calls it like it is...

Senator Kennedy is accusing the president of distortion and misrepresentation.

he wants the white house to be accountable for every dollar spent.

but if the white house wouldn't be accountable for its energy policy, how can we expect that it will be with regard to how it spends our money in the 'war on terror' (or 'Iraq', or 'Afghanistan')?

please sir, can I have $87 billion more???

Kennedy calls it like it is...

accusing the white house of distortion and misrepresentation, he says he is seeking accountability, but is w willing to be accountable?

if he wasn't willing to be accountable on energy policy, how can anyone expect him to be accountable for the expenses in Iraq?

CNN.com - Kennedy's 'Texas' remark stirs GOP reaction - Sep. 18, 2003

please sir, can I have $87 billion more???

SBC comes out against RIAA

SBC objects to RIAA's use of subpoenas

This article has some pretty good points on the abuse of subpoena power and points out that under RIAA's interpretation of the DMCA, any internet stalker could subpoena personal information from an ISP because there is no judicial oversight.

another reason the DMCA is bad legislation...its not that we don't want to protect copyright, but we don't want to protect copyright at the expense of our constitutional rights.

check out this site:

www.boycott-riaa.com

nailbiter of the week...

so the move now is to ask that the full 9th circuit review the decision of the 3 judge panel...

Arguments on California Recall Submitted to Appeals Court

and then there is the unlikely possibility that o'connor would snatch the case from beneath the 9th circuit.

It seems that justice o'connor will choose to wait, rather than take it on now, because if the full 9th circuit court decides to back the injunction, she could easily dismiss the matter as sufficiently resolved and not involve the Court in this mess.
(this is the preferable and most just route)

of course, things could get really screwy if the 9th circuit doesn't act reasonably swiftly. then o'connor would have to involve the entire Court.

I'm not convinced that the Supreme Court would want to stay away from this fiasco. The conservative party-liners on the Court would probably much rather get away from this campaign finance business and on to the major agenda...making the republican power grab look legal.

or maybe I'm too cynical after the bush-gore decision?

no espresso tax after all...

Seattle voters decided to reject the proposal to tax their mochas.

Voters in Seattle, Where Coffee is King, Reject a Tax on Espresso

I guess the lesson is to never step between the addicted and his caffeine.

perhaps this should've been a statewide initiative, not just seattle. but it would probably be shot down anyway.

if people buy (on average) one mocha/latte per day, they would be paying 10 cents/day tax. that is only an additional $36.50 tax per year.

not a huge tax burden people...

its kinda lame because for $36 bucks/year they would receive much greater benefit.

now the city/state is going to have to either raise sales taxes or raise property taxes.

and, of course, the additional taxes will certainly add up to more than $36 bucks.

Fences are for sitting upon...

The US vetoed the UN resolution to protect arfrat.

us v syria with britain abstaining...

the us just built a fence and sat on it. you can't live with him, you can't kill him.

dilemma: the us can't say no to Israel because, after all, arfrat is a terrorist and we are all in a war on terrorism.

but...he's a popular terrorist and somehow manages to remain popular despite his lying, stealing, and purposely inhumane treatment of his own citizens (keeping them under occupation by intentionally continuing this conflict).

so if you can't kill him (or exile him) and you can't protect him...what can happen?

isn't it time for a new palestinian election? how long is the post of palestinian president last??? life??? isn't that dictatorship???

well, we really aren't going to kill him,

but we are still going to remove him.

Israel distanced itself from the comments of the vice PM threatening arfrat.

I was reading this and had a thought on how to discourage the concept that suicide bombing is a path to statehood.

if the UN stepped in right now, imposed unilateral separation the following scenario could work:

If Israel were to pull back entirely to the green line (completely evacuating the settlements inside), it could use this as a leverage point.

if there are no more suicide bombings, the palestinians would get the best deal (at least what was offered at camp david, including sovereignty over the temple mount and east jerusalem as a capital).

but, if the bombings continue, then Israel will be ceded some palestinian land. this deterrent could be framed in the most harsh way by allowing Israel to take control of entire villages (i.e. where the suicide bombers came from). this (overly) harsh deterrent would encourage neighborhood accountability and self governance.

I'm not sure if I want to include the right to deport all the village's residents to gaza (or elsewhere), but it seems a better alternative than Israel taking the land and making the residents all Israeli citizens subject to Israeli laws (not a good option for either side).

now this is just the most harsh penalty that could be asserted against breaches of the unilateral withdrawal. I'm not sure it squares with international human rights law, but this entire conflict has gone over the edge. suicide bombing is a crime against humanity. human rights abuses do occur in the territories, as an unintentional side effect of having to be the only policeman on the block (neighbors aren't helping -- they are encouraging the use of suicide bombing as a political weapon).

so if Israel can eventually pull back, and there is quiet given in exchange for the immediate right of statehood with the 67 borders, and with a deterrent of losing land (by international decree) for any breach of the peace, (and maybe even include a similar guarantee from Israel not to build any more settlements, and that doing so will result in Israel losing land), we may have a way of imposing quiet on the region.

its not perfect, but its an idea.

Recall? not for now.

the 9th Circuit does it again! I love this court.

The merc comments upon Justice O'Connor's role:

the problem I see coming up here is if O'Connor refers the matter to the other eight justices, we have another florida.

the 9th circuit ruling should stand, and O'Connor should do right and abide by the injunction. the facts are clearly outlined, and she would do well to ensure that the election doesn't go forward with the butterfly punch-card ballot system in some counties, and touch screen e-voting in others.

the last thing the Supreme Court needs is to decide another election. They've already lost too much respect in the society to repeat the same mistake twice.

Justice O'Connor...you have the power...you know that delaying the recall vote will serve the greater interest of preserving justice, will ensure that all Californians are given an equal opportunity to vote AND to have that vote counted (not thrown out because of hanging chad).

At least in LA by November, but other districts at least by March should be switched over to the new ballot system (doing away with the punch card/hanging chad ballots), so even just delaying a month will increase the chances of obtaining an accurate vote.

Has anyone noticed that the districts that still have butterfly ballots are poor?

Is the rich vote worth more than the poor vote? yes, if the rich can disenfranchise the poor, proportionate to the percentage of the poor population who are denied the right to have their vote counted.


on the flip side:
Did anyone notice that on the ballot, Schwarzenegger and Schwartzman are right next to each other?

Is this another Gore/Buchanan ballot, intentionally designed to mislead the vision disabled, barely literate, or careless voter?

hmmmm...if the republicans got away with it, so can we?
hanging chad, hanging chad, hanging chad.

delaying the vote till march at least will allow ahnuld to come up with some ideas, and maybe even get around to talking issues or taking part in debates?

people will get tired of the one-liners by christmas.

or maybe not.

never underestimate the power of stupid people in large groups.

Arfrat's life threatened...

Israel has really turned up the heat on the biggest obstacle to middle east peace ...

he's going to die of excitement over sharon making him a martyr.

oh yoko!

it looks like Apple Records is suing Apple Computer for trademark infringement...again.

Mercury News | 09/12/2003 | Apple sued over trademark infringement in digital music business

hmmmm...a jury of modern music lovers would most assuredly think of computers when they think of a company named Apple. most of them were born 20 years after the beatles broke up, and only the true audiophiles have any idea that Apple Records is the Beatles' label.

I'm curious to see the claims...it's pretty clear that Apple Computers is the stronger TM, or is this the final showdown?

Apple Records = vinyl = low tech = a relic of the 60's
Apple Computers = iTunes = high tech = wave of the future

no confusion there.

EFF's anti-RIAA petition

EFF: RIAA Petition

sign the petition. now.

heh heh ... ho ho ... arafat has got to go ...heh heh...ho ho

(reminds me of protests in berkeley)

see latimes op ed:
U.S. Must Weigh In: Arafat Has Got to Go:

the author proposes a few things, one of which I found particularly interesting:

"For the United States to support the Palestinian people's desire for statehood, Arafat must resign all positions in the Palestinian political hierarchy and accept permanent retirement, outside the West Bank and Gaza or any contiguous state."

exile baby!

only problem with exile: he can weild the $49 BILLION of stolen aid money sitting in his swiss bank account toward fueling the terror machine...not exactly a perfect solution.

it would be better if he just 'checked out' on his own...soon.

arfrat is outta there....

whether the us likes it or not...

U.S. Urges Israelis Not to Oust Arafat

from what I could glean thus far, Israel has only said that it is going to "remove" Arfrat (arf=dog+rat=fink) as an obstacle to peace. that doesn't exactly mean expulsion to me...it sounds much more like "permanent removal."

in the end, it will take the "permanent removal" of arfrat before any peace agreement will go forward, because there simply is no way to make peace with him hanging around.

but I'd rather not see it happen at Israel's hand...that would be very bad indeed.

Barbie's a jew???

who knew?

The Saudis have got to be kidding. see this: CNN.com - Saudi police say Barbie dolls a threat to morality - Sep. 10, 2003

we're talking about a girl's toy here.

"Jewish Barbie dolls, with their revealing clothes and shameful postures, accessories and tools are a symbol of decadence to the perverted West. Let us beware of her dangers and be careful," said a poster.

This anti barbie poster is covered with pictures of Barbie in short dresses and tight pants.

aren't they just propogating barbie's image? barbie is now 'forbidden fruit' -- every saudi girl is going to cry for one.

maybe this is just a way of getting the men horny.

besides, who cares what barbie is wearing under her dress? she can't be seen in public anyway. the women aren't even allowed out of the house without an escort, and not a bit of skin is allowed to show.

why not market the "muslim barbie" with a collection of long sleeve long dresses and an array of hijabs? and just to make things exciting, she can wear a bikini beneath her dress...or maybe some jeans?

and on a sad note...

this is the sadest tragedy ... a girl and her father murdered by terrorists on the eve of her wedding...

my heart aches and my eyes are full of tears...I can't say anything.

new bin laden tape...

this article has a transcription of the tape:
Channel NewsAsia

does anyone notice that al-Zawahri looks an awful lot like Mohammed Khatami???

they are/were in Iran, it is soooooo obvious.

and what's with bin laden's head(un)wrap? must've been pretty hot that day.

Black Hole in B Flat

Discovery Channel :: Black Hole Sings Deepest Note

I always knew it!

I'm completely fascinated by black holes, even though I know only a little about them from my college astronomy courses.

57 octaves down...gives a whole new definition to "deep bass".

fashion police ... arrest that woman!

I normally would not blog about this, but I was shocked when I saw this just a moment ago (on my way home)...

a woman was in a copy shop, wearing low rise jeans, and (get this) a bra! that's it, just a bra!

not a bikini top...a BRA! (though it was colored).

to make matters worse, she wasn't very petite, either (and I would say not that young, but I could only see her back).

golden rule: BACK FAT -- if you've got it, DON'T flaunt it.

now I understand the new lingerie trend...a nice lacy camisole with jeans can make a good statement...

but going out in public in your bra is just tasteless.

please women, have some self respect. a loose sheer blouse or crocheted sweater would make that bra look much sexier.

peek a boo is sexier than woo hoo

blogging from hibernation...

I'm completely isolated, I have no time to follow other ppl's blogs...

too much reading...read and read and read, think. read some more. think some more.
sometimes eat. sometimes sleep.

well, I still get to read e-news in between classes...which can be a bad thing when you are having an otherwise beautiful day, and then two suicide bombs go off in Israel during your lunch break.

I take back the 'bring em on' comment from the other day. please don't bring anything on. please just stop. everyone. just stop.

RIAA is at it again...

Hundreds of music swappers sued

will these people ever stop?
next thing you know, they will start suing you if you lend your cd's to friends (which is the same as file sharing to me).

the only way to stop them is for everyone to file share. they can't possibly afford to sue every citizen with a computer...could they?

the fear of peace...

a bit of ponderment on the grim turn of events in the holy land...

every time a real peace deal comes within reach, arfrat&c. makes sure things get derailed.

he did this to clinton and peres in 2000, he's doing it now to bush and sharon, and he'll continue to do it because he is too afraid of the reality of peace.

peace is a fearful thing for errorfat&c. (and perhaps so for most palestinians) because it means abandoning the only way of life that they know. what future can a terrorist have in an era of peace?

afart said himself that he would rather die a martyr [than what? a statesman? a founding father? what a loser.].

we have on our hands an entire nation (some 6 million or so) who want nothing but war. (I still hold hope that there are at least a few moderate peaceniks in the palestinian territories, but the realist in me knows that is wishful thinking).

if they haven't had enough war after 50 years, how should we respond? should we quote bush here and say, "bring em on?"

I have always been philosophically opposed to war. naive though that may be, I was comfortable in that view until terrorism arose. not starting with sept.11, but a year earlier, when the bus bombings began.

now I feel pushed into the 'war is justified in some circumstances' camp, and find those circumstances exist when it comes to Israel defending itself from those who are calling for her destruction. (I'm not so sure the US met the 'clear and present danger' standard with Iraq, but what's done is done, now let's just try to mop up the mess.)

surely from a religious jewish perspective, Israel can and must make war against her existential enemies. but the IDF is a defensive force, which forces Israel to hold back where the US would not (pinpoint liquidations aside). If things don't start to improve with the PA ceasing the terror activities, then the IDF will be forced at some point to take more drastic (offensive) measures which will no doubt end with a higher body count on the other side. or worse yet, bush gets bored with Iraq and heads to the next 'terror front' -- palestine (hurry W, the elections are just around the corner -- got enough feathers in your cap?)

not many answers...still sorting out my questions...wishing the pally's would get it together.

what kind of war will follow?

In the Wake of Abbas's Departure, More Violence Expected

While the picture is looking pretty grim, there is at least one glimmer in the muck...

Columnist Ahmad al-Rubii, writing in the London-based Arab newspaper, Al-Sharq al-Awsat says that the Arafat-Abbas power struggle shows most Palestinian leaders are "behind the times" and their policies are old-fashioned and obsolete. "And now they have pushed the Palestinian conflict to the low of interpersonal squabbling."

In a translation by Lebanon's Daily Star newspaper, al-Rubbi said that "Hamas and Islamic Jihad, who are considered an alternative to Arafat's leadership, have succeeded in hijacking the popular intifada that used to represent all the Palestinians."

The problem with the more militant groups, Rubbi argues, is that "they lack a dynamic mentality and have opted for military confrontation. As a result, Palestinians feel more isolated than ever as they continue to mourn the daily deaths of their brothers, sisters, mothers and fathers. The general Palestinian public is like a passenger on board of a hijacked plane where at the end of the day, unfortunately, Israel will emerge as the only victor."

Surely Rubbi is not the only arab out there that can see the situation clearly...how long will it take before the general palestinian public overcomes the hijackers and throws them out of the plane???

enter qureia...

Arafat Selects Replacement for Premier Job

this whole situation is getting weirder by the moment...I doubt this guy is going to accept the position, it is suicide.

arfat is and always has been calling for an all out war, no matter what kind of political front he puts on. "I come bearing a rifle and an olive branch," the old bait and switch, isn't it obvious?

someone please get him off the stage.

UPDATE: looks like he took the job...ha'aretz 07:05 Aides say Ahmed Qureia has agreed in principle to his appointment as new prime minister, replacing Abbas.

what a puppet show.

operatic justice?

Supreme performance: Justices take stage at opera - Sep. 7, 2003

Bader, Ginsburg and Kennedy join the opera.

It turns out Justice Ginsburg wishes she were an opera singer, and practices in the shower. Breyer, though he can't carry a tune in a bucket, has appeared in operas since childhood.

now Justice Kennedy, did you ever think that you would rise to such stardom back in those dusty days at McGeorge? you've come a long way baby...

espresso tax???

Seattle in lather over espresso tax

this is great. I love it. I can't wait to see what seattle decides.

first, washington has no state income tax, so most of the revenue is derived pretty much from property and sales taxes. so coffee tax is fair game in a state so structured.

starbuck's has a good argument, that one industry cannot bear the full burden. but it isn't an industry tax, it is a 'luxury' tax. the industry still sells drip coffee and tea which still serve the necessary function of delivering caffeine. the consumers control the decision whether to subject themselves to the tax, and the industry (starbuck's) is just a conduit for the collection. the industry has to pay sales tax anyway, so it is no additional burden to them.

is an espresso drink a 'luxury' item like a lexus?

starbuck's drip coffee costs almost 2 bucks. it tastes god awful, so people buy espresso drinks instead, at a cost of $4. (seattle prices are probably higher, because everything is more expensive anyway). so, you are basically buying something that costs twice as much, serves the same function (delivering caffeine), but tastes better and looks cooler. and you get your selection of options...

sounds like buying the difference between buying a lexus or a saturn to me...

abbas is outta there....

okay, ararat...NOW the road map is dead...

this is a bad development, but it was inevitable because fattie was always pulling the terror strings, and abbie can't act against the terror because it would mean acting against fattie.

a good development: Hamas Placed on Terror List By Europeans

for once, the EU is paying attention, and saw that there is "absolutely no justification" for the suicide bombing (of course they were only referring to the most recent, not suicide bombing in general, but I will welcome the move nonetheless).

now, I wonder what the US should do with the Hamas members sitting on the faculties of our lofty ivory towers....(assuming there is more than the one I know of).

fear and loathing in contracts...

well, I went to office hours this morning. the guy has this black theme going on. everything is black: the desk, the couches, his clothing, the textbook, his humor. its really intimidating.

I think it was constructive, but I felt like I was tied the whipping post.

its like a meditation exercise: I know nothing, I know nothing, I know nothing.

wait, I know something...offer+acceptance+consideration=contract

ouch! I know nothing...

bush wants to "own" the war???

Bush has to consider what to do now...commit more troops, ask for un assistance, or seek allied assistance outside the un...

see nytimes article: In Besieged Iraq, Reality Pokes Ideology in the Eye

I'm a bit disturbed by the idea that our president would actually put our troops in graver risk than necessary simply to "save face" or to "own" the war.

we are not talking feathers in caps here, we are talking about the stability of an entire region, and the responsibility that comes with toppling a regime and embarking on nation building.

will anyone care if america "owns" the war? the only thing anyone really cares about is being able to live in peace, whether that is in baghdad or boston.

if we screw up (which is looking pretty likely), do we even want to be holding the "ownership" bag?

I think the real lesson to be learned here is that the united states, as the world's only superpower, has certain responsibilities for ensuring international peace and stability, but we cannot do everything on our own.

much as we would like to think that we "know it all," we are acting like a teenager when it comes to our global responsibilities. we do not know it all, we are not all powerful, and we do, in fact, need help from our friends and family (allies & UN).

we have a pretty good military. we kick butt in wars, and the fact that we have bigger better guns with bigger better soldiers behind them does a lot for keeping things pretty peaceful, and keeping the rogues in check.

we suck at nation building. this is not what the military is trained to do, and that is why it isn't working. our last truly successful nation building was germany and japan, and we did not do that alone.

this is why we have the UN and why the UN is still relevant. the UN is better equipped for nation building, can put together and direct a multinational commission to oversee infrastructure needs and government restructuring.

with the security situation as it is, and iraq becoming an open field for every islamic terrorist, the US needs to keep its troops there, and maybe even commit more, but keep them concentrated on security.

if the US steps aside as the nation-builder, and yields that to the UN, then there will be considerably less hostility toward the US. If we are alone, then everything becomes our fault -- from the lights going out to the suicide bombing of UN headquarters.

if we don't involve the UN in the nation building, history will view this as the single most detrimental strategic failing of the bush administration, and this administration will go down as a black mark history and an example of what not to do in foreign policy.

great party, home too late.

had fun, met lots of people.

can only remember one name...brad...
arrogant stanfurd guy...but not bad looking.

I wish I had the gift of remembering names. I'm good with faces, never forget them. but I forget names only a few seconds after being introduced. its really awful.

there is this wonderful man, Joe Lurie, director of International House, Berkeley. he has an amazing gift for remembering names. he has to learn roughly 600 or so new names every year! that's amazing in and of itself, but the more amazing thing is that he actually remembers people many many years down the road. I'm not sure how he does it, but I think it has something to do with equating the first letter of a person's name with a food, for instance "Charles Chips."

makes me hungry just thinking about it. I think I would choose "chocolate" as my food.

okay. its 1am...sleeeeeeep.

I got the ABA rep position!!!

I'm so excited! Not that it's that big a deal to be a section rep, there are even two of us...but I'm honored anyway.

I'm going to my first "law school" party tonight...it is supposed to be huge! all the students from all the law schools in the area get together once a year...how cool is that?

I'm not getting drunk though, because I want to go to office hours tomorrow at 8:30a. I want to get over my fear and loathing of my contracts professor...and a face to face is the only way to do that (unless I make it worse).

can't wait for the weekend...week 3 coming to a close...

the fbi set him up???

Worm suspect says case against him exaggerated

this kid is in a heap of trouble. if it true what he says about working with the fbi and never being marandized, he might actually find a defense, if he can find a lawyer.

he doesn't seem like a cyberterrorist to me...does the fbi really need to entrap teenagers to catch the cyberterrorists? are they really that incompetent??

when arafat speaks...

can anyone listen? the guy actually is blaming Israel for the violence?

this man has to have some serious mental incapacity to forget that children were SLAUGHTERED on a bus a couple of weeks ago????

isn't he against the terrorists too????

aren't they acting against the interests of the palestinian state???

maybe the better question is...what are the interests of the palestinian state??

surely not stopping terrorism....

oh johnny, stop trying to be so french...

Johnny Depp thinks the US is like a 'Dumb Puppy'

what a snob. nice try johnny, but the french will never accept you as one of their own, so forget the 'I hate America, too' crap.

meanwhile, I wonder what he thinks about the french-syrian-arafat-terrorism connection....

now, as I was blogging...

the 9th Circuit has overturned the death sentences in cases where the judgment was decided by a judge, not a jury.

very interesting. I love the 9th Circuit.

the ruling seems instinctive, and I am actually quite surprised to learn that until 2002, some jurisdictions allowed the judge to decide a death penalty was appropriate, as opposed to life without parole.

I suppose I just don't like the "all powerful judge" idea...that one man take decide that another should die. I am willing to accept a death penalty if 12 (wo)men decide unanimously that the death penalty is appropriate [this is not to say that I entirely agree with the death penalty at all, but just that I prefer a unanimous jury's decision to that of one man, however learned and wise that man may be].

Read the Court's decision in Summerlin v. Stewart.

so in 2002, the Supreme Court held that the sentencing laws require a jury's finding that the death penalty is appropriate, and the judge does not have that power alone.

but the issue now becomes whether to apply that ruling retroactively. the 9th Circuit says yes, other Circuits say no.

hmmmm...here comes the Supreme Court....

general rule = "procedural changes" are not applied retroactively.

but this may not be a simple 'procedural change', but rather a case in which a constitutional right was denied.

does this mean that we must retry the penalty phase before a jury in each of these cases? it seems an absurd and undesireable result.

why not just convert the sentences to life w/o parole?

The crimes were clearly so heinous that a judge was willing to impose the death penalty (presuming the judge is no 'vigilate justice' ), so it seems that the jury's only other option in a capital case would be life w/o parole.

do we really want, as a matter of policy, to continue to enforce older death penalty judgments in similar circumstances, just because we "could" as a matter of law?

don't most people, if they really think about it, have some problems with the notion of the death penalty? not that we don't feel a sense of needing justice/vengeance/life for a life form of atonement. but when you hear that the state executed an inmate, do you feel relief that 'we finally got the bastard'? a sense of righteousness that 'justice has prevailed"? or do you feel just a wee bit sad that another life was extinguished by the government (i.e. you and me and everybody, we the people, ordered that person to die).

UPDATE: how about this guy? he murders a doctor for performing abortions, and feels no remorse. god told him to do it. in fact, he wants other people to do what he did and...[drum roll please]... he wants to die!

firstly, I feel sad that this guy is going to be executed when he is clearly mentally deranged. but assuming he is 'legally sane' (despite being completely bonkers), if the guy actually wants to die, then why should the state kill him? isn't that something like state-condoned suicide? wouldn't a fit punishment in his circumstances be to deny his going to heaven, and keep him here so he can think about it a little longer, like say for the rest of his life????

getting pretty irate...

can't blog if your isp keeps going down.

my last five lengthy posts have disappeared into the 'beyond'...

argggh.

at least I got a class action settlement letter in the mail today. looks like I might get a few months of free service.