Something which is "Beyond the Pale" is beyond the limit of reasonableness. Turns out, this turn of phrase is literally synonymous with "Going off the reservation."
The Pale was the limit of English land in Medieval Ireland. The lands were surrounded by pales, pickets, with a fence strung across them. To go beyond those pickets was to enter the wild Irish lands.
10.31.2007
Red Bull Gibn Du Fliglen!
The Times (U.K., not NY) reports that ultra-orthodox jews are seeking salvation in a little Red Bull. A choice quote:
There are three things going on here. They make a lot of babies, they study the Torah and they dance. They need a lot of energy, and something to strengthen them.
There is talk in the innermost circles of U-OJ of a perfect can of Red Bull, without blemish, scratch, or dilution, which, when finally found, will be shared amongst the high priests and herald the coming of the end of days. Luckily, all will be awake to see it.
[ Thanks to RK for the link ]
There are three things going on here. They make a lot of babies, they study the Torah and they dance. They need a lot of energy, and something to strengthen them.
There is talk in the innermost circles of U-OJ of a perfect can of Red Bull, without blemish, scratch, or dilution, which, when finally found, will be shared amongst the high priests and herald the coming of the end of days. Luckily, all will be awake to see it.
[ Thanks to RK for the link ]
See many more amazing pumpkins here
10.30.2007
Hobby Whores.
I just heard about www.seekingarrangement.com. Imagine facebook, but with "ambitious singles" (read: toddling sycophants) as the members and "Sugar Daddies/Mommies" (their term, not mine) as the roving, inevitable pedophiles.
They claim this is a "brutally honest" dating site. I'll step back from my tone for a second to simply ask: is the mere fact that you had dinner before you retired to his hotel room sufficient to render him a "date" instead of a "john"? I mean, at what point are you simply a prostitute on retainer?
Of course, as the site advertises, if you are looking for "real love," you should head over to www.seekingmillionaire.com . True, if what you are in love with is that seventh figure. "Bruce, I want to move in with you! Let's run away to house so large we never have to see each other! Let's make an 8th figure! Mama needs a new pair of jets!"
They claim this is a "brutally honest" dating site. I'll step back from my tone for a second to simply ask: is the mere fact that you had dinner before you retired to his hotel room sufficient to render him a "date" instead of a "john"? I mean, at what point are you simply a prostitute on retainer?
Of course, as the site advertises, if you are looking for "real love," you should head over to www.seekingmillionaire.com . True, if what you are in love with is that seventh figure. "Bruce, I want to move in with you! Let's run away to house so large we never have to see each other! Let's make an 8th figure! Mama needs a new pair of jets!"
Geeking out for a moment.
If you will permit me, I would like to geek out for a moment. Geek Technique has modded an iPhone that is so hot, I actually think Apple should consider making a limited edition like it. That's right, it's an iNewton.
For those who don't recall the Newton, it was a full script handwriting-recognizing PDA from the early 90's. It worked really well and ran pretty quickly. I suppose the two major problems were that it was a bit clunky and that it was about 20 years ahead of its time.
It's like the Atari Lynx. Early 80's game system that came out at the same time as the Game Boy (perhaps even before). What made it different? Let's see...it had the landscape format all modern PGD's have, it was COLOR, you could flip the screen for left handed use, and the game cartridges were cards resembling those used in the 90's TurboGrafix 16 and Express as opposed to the clunky plastic blocks you stuck into Game Boy and Game Gear.
10.29.2007
width="300" height="180" alt="What Kind of Blogger Are You?" border="0" >4000 Channels, $4
The FCC announced today that it will be rendering illegal any contracts between cable providers and apartment buildings. The positive: There has long been a spotty monopoly, or oligopoly, or whatever you want to call it, in urban cable. You live in a multi-unit building, a provider runs the cable in that building, and voila! You have only one choice in cable.
"Incredible cosmic programming, in a itty-bitty-little competition space" -- to coin a phrase.
The FCC wants to end that and make the cables inside the building available to all. Questions:
1. Is this even possible? I don't believe that the same cable can carry more than one set of channels (i.e. RCN or Comcast or Roadrunner, but not all 3). Does this mean that the exclusivity agreement goes, but the new company still has to run cable? Will they?
2. This is meant to increase competition and lower rates. If companies have to run new cable, will they do so and lower their rates at the same time?
3. Aren't we quibbling over the past? FIOS (Fiber optic cable) is the new hotness. Cable is old. Perhaps the provision is not meant to repair cable, but to prevent the same abuse with FOIS? !?!?!?! One can only guess.
"Incredible cosmic programming, in a itty-bitty-little competition space" -- to coin a phrase.
The FCC wants to end that and make the cables inside the building available to all. Questions:
1. Is this even possible? I don't believe that the same cable can carry more than one set of channels (i.e. RCN or Comcast or Roadrunner, but not all 3). Does this mean that the exclusivity agreement goes, but the new company still has to run cable? Will they?
2. This is meant to increase competition and lower rates. If companies have to run new cable, will they do so and lower their rates at the same time?
3. Aren't we quibbling over the past? FIOS (Fiber optic cable) is the new hotness. Cable is old. Perhaps the provision is not meant to repair cable, but to prevent the same abuse with FOIS? !?!?!?! One can only guess.
10.28.2007
I Welcome Our Cute Ironic Overlords
Introducing "Pleo" from Ugobe Labs. Tickle me Elmo extreme move over. THIS is the must have, can't afford, drool-inducing toy this xmas.
Why? Because it's sensors (touch, object recognition, variable sound, etc.) + adaptable programming make it a virtual puppy without the poopy. The thing is adorable.
Check out the videos.
ac
Why? Because it's sensors (touch, object recognition, variable sound, etc.) + adaptable programming make it a virtual puppy without the poopy. The thing is adorable.
Check out the videos.
ac
Colb-gate Part Cinque
Politico confirms that Comedy Central did it's electoral due-diligence before fielding faux-candidate Colbert. They went to the DC firm for Wiley Rein to get an opinion on the FEC, the FCC, and the ersatz O'Reilly.
Of course, providing legal opinions has proved to be a hazardous past-time.
Of course, providing legal opinions has proved to be a hazardous past-time.
10.26.2007
Neat!
SI has a recap of what it is like to broadcast an NCAAFB game from inside the production truck. What is most compelling is that this is not the most complicated setup (smaller than the NFL, 1/2 the cameras of the world series, etc.). Still, it sounds like trying to run a relay race in traffic while beating your children.
Weeeeeeeeeeeeeeeeee!
http://view.break.com/280271 - Watch more free videos
This is just one of those videos that makes you smile wider and wider as it goes on.
Sir, You Are Going to Have to Stop Using Your Name.
Sam Adams asked Sam Adams to stop using its name, which is his name, which they have the trademark to. Right.
In English: the Portland City Comm'r set up an election site called "samadamsformayor.com." The legal eagles at the NE brewing haven saw this an incursion into their territory, having previously fielded a samadamsforpresident.com as part of a marketing campaign. So the beer sent the man a cease-and-desist letter.
Highlights:
1. "Sam Adams", though merely a name, is protectible if it has acquired a brand identity separate from the name. (i.e. Hyatt, McDonalds). In the lingo, this is called "secondary meaning".
2. Mr. Adams's defense? I have been using it longer than you have. The brewer got the patent in 1973. The man, since the 60's. So-called "prior use" is a defense in trademark law, but it is limited by geography. That means that Mr. Adams can use his name legally in Portland. If he moves or goes national, that would change the equation significantly.
3. There is a first amendment political speech issue here that has not been raised.
4. Sam Adams was cool about it -- they admitted they didn't realize this was a person. They claimed others had tried to knock off the marketing campaign and that this was an effort to avoid a recurrence. Sam Adams -- say cool and avoid all the negative press.
In English: the Portland City Comm'r set up an election site called "samadamsformayor.com." The legal eagles at the NE brewing haven saw this an incursion into their territory, having previously fielded a samadamsforpresident.com as part of a marketing campaign. So the beer sent the man a cease-and-desist letter.
Highlights:
1. "Sam Adams", though merely a name, is protectible if it has acquired a brand identity separate from the name. (i.e. Hyatt, McDonalds). In the lingo, this is called "secondary meaning".
2. Mr. Adams's defense? I have been using it longer than you have. The brewer got the patent in 1973. The man, since the 60's. So-called "prior use" is a defense in trademark law, but it is limited by geography. That means that Mr. Adams can use his name legally in Portland. If he moves or goes national, that would change the equation significantly.
3. There is a first amendment political speech issue here that has not been raised.
4. Sam Adams was cool about it -- they admitted they didn't realize this was a person. They claimed others had tried to knock off the marketing campaign and that this was an effort to avoid a recurrence. Sam Adams -- say cool and avoid all the negative press.
10.25.2007
Colb-gate Part Quatre
No, I don't speak French, and I didn't bother looking up that spelling. I'll make it up to you: here is the fourth installment of the legal analysis plodding along behind the Colbert campaign.
1. "Scofflaw" is an awsome word (see the linked article).
2. My Facebook-powered chums inform me that somone created a "million for Colbert" group on that service and filled it in 10 days. Hill' and 'Bama have had groups for months and top out in the low 6-digits (thanks AB).
3. MSNBC engaged in a media circle jerk when it reviewed Colbert on Meet the Press (no doubt he will review their review of him and Elton John will write the theme song). The only interesting tidbit: Colbert is polling around 2.5%, higher than Kucinich and near Biden.
1. "Scofflaw" is an awsome word (see the linked article).
2. My Facebook-powered chums inform me that somone created a "million for Colbert" group on that service and filled it in 10 days. Hill' and 'Bama have had groups for months and top out in the low 6-digits (thanks AB).
3. MSNBC engaged in a media circle jerk when it reviewed Colbert on Meet the Press (no doubt he will review their review of him and Elton John will write the theme song). The only interesting tidbit: Colbert is polling around 2.5%, higher than Kucinich and near Biden.
Oh, Me So Thorny - The Issue of Attorney-Client Sexual Relations
This is a good blog day. Lots to write about, and I get to reuse the actual title to the final paper in my Ethics and Lawyering in the 21C. I have to admit that the class was severly limited in scope, covering only the first few years of that century.
The cause for this entry: The Wisconsin Supreme Court, (via Volokh Conspiracy), who debated this question during a recent ethics hearing: If a lawyer has sex with a client's girlfriend while the client is having sex with her, is the lawyer having sex with the client as defined under the Rule?
The Court eventually declined to apply the transitive property of being a total jerk, but not in the way any normal person would think.
I read the rule: "Don't have sex with your clients, unless (and you have to love this), you had sex prior to that person becoming your client." That is the rule in most states.
The judges got as far as to mull the temporo-spatial limits of the word "with." If we are both having sex "with a person" over time, say through the month of August, we are both in a constant state of having sex "with" that person and, occupying that same state with the same person, we occupy it together and are therefore having sex with each other. The court missed the erroneous presumption: Who says that one cannot be in two mutually exclusive states of "having sex with" a person?
But it didn't reject the logic of the argument. Rather, it decided that the rule says "a person" once, but says "the person" or "the client" more often, so it must be directed at the one person - the client.
Did we need all that?
The cause for this entry: The Wisconsin Supreme Court, (via Volokh Conspiracy), who debated this question during a recent ethics hearing: If a lawyer has sex with a client's girlfriend while the client is having sex with her, is the lawyer having sex with the client as defined under the Rule?
The Court eventually declined to apply the transitive property of being a total jerk, but not in the way any normal person would think.
I read the rule: "Don't have sex with your clients, unless (and you have to love this), you had sex prior to that person becoming your client." That is the rule in most states.
The judges got as far as to mull the temporo-spatial limits of the word "with." If we are both having sex "with a person" over time, say through the month of August, we are both in a constant state of having sex "with" that person and, occupying that same state with the same person, we occupy it together and are therefore having sex with each other. The court missed the erroneous presumption: Who says that one cannot be in two mutually exclusive states of "having sex with" a person?
But it didn't reject the logic of the argument. Rather, it decided that the rule says "a person" once, but says "the person" or "the client" more often, so it must be directed at the one person - the client.
Did we need all that?
Senior Moment
http://view.break.com/387011 - Watch more free videos
I had a "senior moment" this morning -- perhaps the first of many. I forgot where I parked the car. I knew it was in a Thursday spot. I knew I had moved it. I just didn't know where to. Picture me criss-crossing the various blocks in my neighborhood on this rainy morning, half searching, half wondering if I have lost my mind, my car, or both.
Still, nothing compared to this guy.
10.24.2007
Colb-gate Part Troi
Slate's "explainer" has also taken up the question of whether Colbert's bid for the WH could violate election laws. With the help of real election lawyers, he identifies something beyond the "equal time rule" (though he reaches the same conclusion - thank you very much): "in kind campaign contributions."
A corporation, in this case Viacom, which owns CC and, thus, the Colbert Report, would be giving him the in kind contribution of air time, far in excess of the legal limit.
Consequence? The Explainer says he can run until someone files a complaint. My lawyerlicious instincts tell me that's too late. The complaint does not create the violation. It merely brings it to the attention of the FEC. The violation occurred before and could see Viacom incurring a stiff penalty. All the more reason for my theory that Viacom's lawyers have long since contacted even real-er election law experts to scope out the risks of this project.
[ thanks to RSC for cutest little link in the whole world. ]
A corporation, in this case Viacom, which owns CC and, thus, the Colbert Report, would be giving him the in kind contribution of air time, far in excess of the legal limit.
Consequence? The Explainer says he can run until someone files a complaint. My lawyerlicious instincts tell me that's too late. The complaint does not create the violation. It merely brings it to the attention of the FEC. The violation occurred before and could see Viacom incurring a stiff penalty. All the more reason for my theory that Viacom's lawyers have long since contacted even real-er election law experts to scope out the risks of this project.
[ thanks to RSC for cutest little link in the whole world. ]
10.23.2007
_________ without _________
I filed a pro-bono Motion for Guardianship in court today. That's happens several times a never, so I got a little excited waiting for a beaurocrat to stamp my forms.
By the end of this year, I will be a lawyer without courtroom experience and a minister without a flock. It's like being a driver without a car, a detective without a mystery, a quip without a zinger.
I tell ya. It's not easy being a landed white jewish educated male in an upper-class first world metropolis.
By the end of this year, I will be a lawyer without courtroom experience and a minister without a flock. It's like being a driver without a car, a detective without a mystery, a quip without a zinger.
I tell ya. It's not easy being a landed white jewish educated male in an upper-class first world metropolis.
Cato Kern'lin
CATO blasts the notion of Ethanol as our energy panacea. [PDF] Better yet, they aren't doing it with policy, but with raw numbers. The amount of corn we can produce doesn't reach the level we require to adequately replace oil. 3/4 of every liter of the stuff has to be used just to create it, and corn supply, it turns out, is more volatile than oil. Why? Because draught, pests, and the need for corn to fight hunger worldwide affect corn a lot more than a cartel affects oil. You can't negotiate with a blizzard.
Any chance we can stop this insanity? Hey you! Over there in Iowa! Turn in your subsidy and retrain!
Any chance we can stop this insanity? Hey you! Over there in Iowa! Turn in your subsidy and retrain!
10.22.2007
Govna Puts Up Mezuzah, ACLU Puts Up Fight
Fox News reports that methodist FL governor Crist [edit - AC ] put up a mezuzah he received from a state representative. The ACLU is suing claiming that it has legal implications in the separation between church and state.
I disagree with the ACLU on this one. First, these are not 10 Commandments in a courtroom. The sheer size of the mezuzah precludes its inclusion as a public icon of religion. Second, it is not clear how the separation of church and state applies to the FL state house [edit - AC], particularly in light of the frequent invocation of the divine to swear people in and hold ceremonies. Third, what does the FL constitution say? Fourth, there is the esoteric question of what to do when a religious symbol is not posted as such. This man is not a Jew. He is not posting this mezuzah as a religious act. Is this somehow an intrinsically religious act?
Finally, this is an odd case. This is a big issue for the ACLU, but not for the representative. As a matter of personal faith, it does not matter to him. If it offended his faith, presumably, he would not have had a problem turning down the gift, so you'd imagine that if public opinion sided with the ACLU, he would cede the issue. The more interesting question is: what about Jewish governors?. If there is a biblical requirement to put this up and the House or some other body prevents you from doing it, you have a 1st Am. vs. implied 1st Am. problem. You have a right to exercise religion. That should beat an implied separation of church and state.
Thoughts?
More: http://www.topix.com/content/trb/2007/09/crist-to-celebrate-rosh-hashana-with-broward-democrat
[ Thanks to JR for the link ]
I disagree with the ACLU on this one. First, these are not 10 Commandments in a courtroom. The sheer size of the mezuzah precludes its inclusion as a public icon of religion. Second, it is not clear how the separation of church and state applies to the FL state house [edit - AC], particularly in light of the frequent invocation of the divine to swear people in and hold ceremonies. Third, what does the FL constitution say? Fourth, there is the esoteric question of what to do when a religious symbol is not posted as such. This man is not a Jew. He is not posting this mezuzah as a religious act. Is this somehow an intrinsically religious act?
Finally, this is an odd case. This is a big issue for the ACLU, but not for the representative. As a matter of personal faith, it does not matter to him. If it offended his faith, presumably, he would not have had a problem turning down the gift, so you'd imagine that if public opinion sided with the ACLU, he would cede the issue. The more interesting question is: what about Jewish governors?. If there is a biblical requirement to put this up and the House or some other body prevents you from doing it, you have a 1st Am. vs. implied 1st Am. problem. You have a right to exercise religion. That should beat an implied separation of church and state.
Thoughts?
More: http://www.topix.com/content/trb/2007/09/crist-to-celebrate-rosh-hashana-with-broward-democrat
[ Thanks to JR for the link ]
A+D Tied the Knot!
A big DC shout out to two of the most generous, beautiful people in any of the 4 quadrants. Enjoy the lesser hemisphere, you crazy cats!
Awe. Some.
Ahem.... Yeeeeeeaarrrrrrrghhhhhhhhh!
WOooooooOOOoooOoooOooOOOOoooo
Hoo - Hoo - Hoo - Hoo!!!!!
Na na na na, Na na na naaaaa!
Hey hey hey
Gooooooood-byyyyyyyyyeeeee!
(dance time!)
Boo da doo ba do da dumm dum deedie!
Boo da doo ba do da dumm dum deedie!
Boo da doo ba do da dumm dum deedie, DA!
What's that? The Rockies? Ahem....right. Back to work.
In other news: Brady outscores Celtics against Miami.
10.19.2007
They're Not Even Trying Any More
I was out with JL yesterday for lunch. She opens her fortune cookie and gets:
This is the fortune equivalent of "Just lay back and think of England." [learn about the phrase here] For a long time now, our fortunes have suffered. What used to say, "Glate things are on the holizon," has more recently said, "Others think you are wise." Thanks, but a fortune is intended to be forward looking. Divining the present? Thoroughly unimpressive.
Why the drop in quality? Does this signal a death of the intrepid far east spirit? Has assimilation finally dulled the asian edge? Is my voice rising to a fevered pitch in your head yet?
Fine. This is a stupid problem. Of course, you could always go for dark fortunes.
[Thanks to http://www.jinksofwe.blogspot.com/ for the reminder. ]
The weather is wonderful.
This is the fortune equivalent of "Just lay back and think of England." [learn about the phrase here] For a long time now, our fortunes have suffered. What used to say, "Glate things are on the holizon," has more recently said, "Others think you are wise." Thanks, but a fortune is intended to be forward looking. Divining the present? Thoroughly unimpressive.
Why the drop in quality? Does this signal a death of the intrepid far east spirit? Has assimilation finally dulled the asian edge? Is my voice rising to a fevered pitch in your head yet?
Fine. This is a stupid problem. Of course, you could always go for dark fortunes.
[Thanks to http://www.jinksofwe.blogspot.com/ for the reminder. ]
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