Rather than engaging in ad hominem attacks on Sen. Santorum’s religion or on the Catholic Church, it behooves all of us to instead analyze the politics and electorate of Pennsylvania.  Ad hominem attacks are an abusive form of argument; proper arguments should address the merits of an opponent’s position, and refute the merits thereof, rather than attacking either the person, or a straw man, e.g. a caricature of the person.  Abusive argumentation has long been recognized, since the time of Aristotle, as a form of FALLACY, not entitled to serious logical consideration by rational minds.  Consequently, let us engage in some rational discourse on the merits of the question at hand and cease from ABUSIVE and FALLACIOUS ARGUMENTATION techniques such as ad hominem attacks and attacking a straw man.

Sen. Arlen Specter of PA

Sen. Arlen Specter of PA

Let us turn, then, to the Politics of Pennsylvania (“PA”), and why it produces such conservative politics and politicians, especially conservative male politicians, and particularly conservative male catholic politicians recently.  It was for many years a bastion of moderate Republicanism, and indeed, until the 1930s, Philadelphia and the Union League were synonymous with the post-Civil War consensus that the Republican Party was the proper party for all educated persons to vote for in the Northeast.  Indeed, the city was so identified with core national Republican values that the Athletics even adopted an elephant as their team logo in the early 1900s, a symbol retained to this day by the Oakland Athletics, though it is dubious they know what Connie Mack was thinking when he adopted the symbol 111 years ago.

This consensus began to break down after the Great Depression and FDR, though it lingered on for many years as the so-called “Rockefeller-Eisenhower-Nixon” wing of the party, which was Northeast and moderate, and bipartisan with the Democrats on foreign policy, social security, fiscal & monetary policy and many other fundamental issues.  This consensus of course began to break down with the emergence of the Goldwater faction in 1964, which was opposed by the Scranton faction in 1964 (again led from PA), leading to Nixon re-assuming the reigns in 1968 and 1972.  With Nixon’s resignation in 1974, Ford took over and Rockefeller became VP, leading to a bitter fight between the Reagan and Ford wings of the party in 1976, and another bitter fight between the Bush and Reagan wings in 1980, finally emerging in victory both in nomination and election for the conservative wing of the Republican Party in 1980 for Reagan and the conservatives.  A new day had dawned in America.  But to some degree, the bipartisan consensus which had existed since FDR between the Democrats and the moderate Republicans was now endangered.

Nowhere was this tension more dramatically played out the past forty years than in PA.  PA was represented until 1991 by two stalwart moderate Republicans–Sen. Arlen Specter, a bipartisan member of the Warren Commission, and Sen. John Heinz, a moderate Republican loyal to the elderly and to Social Security.  These two Senators were cornerstones of what was, up to that point, a still very strong Northeastern moderate wing of the Republican party.  Both were solidly dedicated to bipartisanship, courtesy, gentlemanly behavior and getting things done on the Senate floor notwithstanding partisan differences.

This began to unravel slowly with the sudden airplane death in 1991 of Sen. John Heinz.

The Late Sen. John Heinz of PA

The Late Sen. John Heinz of PA

A sudden election was called in 1991 and an unknown political consultant was brought in from the South named James Carville to manage the campaign of an enormous

PA Sen. Harris Wofford with President John F. Kennedy in early 1960s

PA Sen. Harris Wofford with President John F. Kennedy in early 1960s

underdog, former University President and JFK kitchen cabinet member Harris Wofford, who was to stand election against former Governor Richard “Dick” Thornburgh.  At

Gov. Dick Thornburgh visits Centralia PA to inspect its ongoing Mine Fires in the 1980s

Gov. Dick Thornburgh visits Centralia PA to inspect its ongoing Mine Fires in the 1980s

the time, Thornburgh had something like a fifty point lead in the polls, and tons of money.

James Carville - Wofford's 1991 PA Political Consultant

James Carville - Wofford's 1991 PA Political Consultant

Sen. Heinz’ widow Teresa Heinz, now heiress in part to the Heinz catsup fortune, would then go on to marry Mass. Sen. John Kerry, in effect making him an instant near-billionaire and projecting him to the front rank of presidential contenders for 2004.  This nearly changed U.S. history, but Kerry’s bid failed.  Looking back, it is all too likely that a John Heinz bid for President would ultimately have succeeded in the long run just where Kerry failed–he had the looks, the charm and the moderate views to win.

Sen & Mrs. John & Teresa Heinz prior to his untimely death in 1991

Sen & Mrs. John & Teresa Heinz prior to his untimely death in 1991

This might have changed the entire course of the Republican Party and US History.

Sen & Mrs. John Kerry & Teresa Heinz Kerry; Her Money Inherited from John Heinz's Death in 1991 Nearly Made Kerry President President in 2004

Sen & Mrs. John Kerry & Teresa Heinz Kerry; Her Money Inherited from John Heinz's Death in 1991 Nearly Made Kerry President in 2004

Returning to the 1991 election, Carville made universal health care an issue, and Wofford shocked the nation by defeating Thornburgh, becoming the first Democratic Senator from PA in decades.  At the same time, Carville’s work came to the attention of a bright young Governor from Arkansas with Presidential aspirations–one William Jefferson Clinton.  Carville’s conjunction with Clinton, and with George Stephanopoulos, on the 1992 campaign, documented in THE WAR ROOM documentary film, is now legendary, but all of this began in PA with Carville and Wofford.

It was during the Wofford campaign in 1991 that Carville legendarily quipped that “between Pittsburgh and Philadelphia, Pennsylvania was Alabama in between,” referring to the fact that Pennsylvanians in all portions of the state except for Philadelphia & Allegheny county regions were pro-gun, pro-life, pro-death penalty, exceptionally elderly (the oldest voting population in the USA outside of Florida) and very church-going, as well as being one of the most demographically Catholic and ethnic voting populations.  In addition, PA has the lowest % of college educated persons of any state in the Northeast corridor–it is the prototypical location of high school educated union card carrying labor, and many of those voters were either Nixon Republicans or Reagan Democrats, but definitely not liberal Democrats.  Except of course for the two large cities, and even there, most of the male voters care more about football than about politics.

In 2008 Hilary Clinton carried nearly every county of PA v. Obama and won the PA Primary by running to the right of Obama

In 2008 Hilary Clinton carried nearly every county of PA v. Obama and won the PA Primary by running to the right of Obama

Fast forward to 1994.  The Clinton Administration has badly failed on its health care initiative, and Sen. Wofford has to stand re-election in his own right.  This time, he is the heavy favorite to win, but Carville is not working on the campaign.  Wofford is facing an unknown challenger–Congressman Rick Santorum.  No one, absolutely no one, is giving Santorum a chance of winning.  In fact, Santorum is given less chance of winning than Wofford was given in 1991.

What happens next shocks not only the nation, but PA as a whole.  Not only does the Republican Party and the Contract with America sweep the midterm elections in 1994, but Santorum runs unexpectedly strongly and defeats Wofford narrowly to win election to the United States Senate.

Part of the problem with Sen. Wofford is that he is intellectual, aloof and takes re-election for granted, whereas Santorum is hard-working, engaged, personable and likeable.  The rest of the problem is that Santorum is pro-life, pro-gun, pro-death penalty, and a church-going fellow, whereas Sen. Wofford is a Northeast liberal who is none of these things–consequently it is Santorum who fits the mold of what PA voters want in their candidate (except for Pittsburgh and Philadelphia).  However, since Santorum is FROM PITTSBURGH, the Western Part of the State votes for Santorum, especially as Wofford is from the Eastern Part of the State, thus negating any liberal sentiment emanating from Allegheny County.

Sen. Santorum wins re-election in 2000, and actually runs better in PA than does Pres. Bush, who loses the national popular vote as well as the popular vote and electoral vote in PA, while Santorum wins his election in PA, in effect demonstrating that Santorum as of 2000 is more popular than President Bush.

Now we fast forward to 2006, and to the election Santorum lost for Senate by a considerable margin, to Sen. Bob Casey, Jr.

Let’s examine why he lost this election.

First, Bob Casey, Jr. was and is the son of a popular, two term Governor of PA who was known throughout the state.  Second, Bob Casey, Jr. was from a prominent Irish-Catholic political family as well-known in PA as the Kennedys’ are known in Massachusetts and nationally.  According to wikipedia:

“Casey was born in Scranton, Pennsylvania, one of eight children of Ellen (née Harding) and Bob Casey, the 42nd governor of Pennsylvania. He is of Irish descent on both his mother’s[citation needed]and father’s side.  Casey played basketball and graduated from Scranton Preparatory School in 1978. Following in his father’s footsteps, he graduated from the College of the Holy Cross in 1982, and received a Juris Doctor (J.D.) degree from the Columbus School of Law at The Catholic University of America in 1988. Between both college and law school, Casey served as a member of the Jesuit Volunteer Corps, and spent a year teaching 5th grade and coaching basketball at the Gesu School in inner city Philadelphia, Pennsylvania.  Casey practiced law in Scranton from 1991 until 1996.”  http://en.wikipedia.org/wiki/Bob_Casey,_Jr.

This is the most perfect Jesuit, Irish-Catholic resume you could possibly have for running for office in PA–Scranton Prep, Holy Cross, Catholic University, the Jesuit Volunteer Corps, and a year teaching at an inner city catholic mission school in Philadelphia.  Sen. Casey is just the most perfect catholic prepster ever.

Next, Casey is pro-gun, pro-life, pro-death penalty, and as we see above, a church-going catholic just like Santorum–in fact, he’s Irish-Catholic, as opposed to Italian-Catholic, which in PA, is a real advantage politically, just as it is in Massachusetts and nationally.

Consequently, the same wedge issues that HELPED Santorum win in 1994 and 2000–the issues that appealed to the “Alabama” parts of PA that are pro-gun, pro-life, pro-death penalty, and church-going and conservative on social issues–were of no use running against Bob Casey, Jr. because Casey, if anything, ran to the right of Santorum on all those issues.  As noted by Casey’s wiki bio:

“In the Democratic primary, Casey faced two Democrats with more liberal viewpoints: college professor Chuck Pennacchio and pension lawyer Alan Sandals. Both argued that Casey’s views on abortion and other social issues were too conservative for most Pennsylvania Democrats. However, Casey easily defeated both challengers in the May 16 primary, receiving 85% of the vote….Abortion….Casey, like his father did, identifies as pro-life. He has publicly stated his support for overturning Roe v. Wade.[29] From Casey’s election until Specter’s party switch in April 2009, Pennsylvania had the distinction of being represented in the Senate by a self-identified pro-life Democrat and a pro-choice Republican (Arlen Specter).  He supports the Pregnant Women Support Act,[30] legislation that grew out of Democrats for Life of America‘s 95-10 Initiative. The Initiative and the Pregnant Women Support Act seek to reduce the abortion rate by providing support to women in unplanned pregnancies. He expressed support for the confirmation of both John Roberts[31] and Samuel Alito[32] for seats on the Supreme Court of the United States; these judges are believed to be in favor of overturning Roe v. Wade. Casey also opposes the funding of embryonic stem-cell research.[33]   However, Casey voted against barring HHS grants to organizations that provide abortion services, though such services may often not be central to the organization’s chief purpose.[34] Casey also supports over-the-counter sale of emergency contraception,[35] and has voted to overturn the Mexico City policy, which bars the issuance of federal funds to overseas organizations that perform or refer for abortions.[36] The authenticity of Casey’s pro-life commitment has been questioned by some prolife sources.[36][37]  In January 2010, a writer for CBN wrote, “I wouldn’t want to be Senator Bob Casey right about now. He is coming under enormous pressure from pro-life groups because they say the ‘Pro-life’ Democratic Senator has not stood strong on the abortion issue during the current healthcare debate.” Casey, according to the CBN writer, had recently gotten “an earful and then some from pro-lifers during a press conference held at the Pennsylvania Capitol.”[38]  ….”  

Id.  Clearly, Casey ran to the RIGHT of both of his Democratic primary opponents, and then ran to the RIGHT of Santorum in the general election on the social issues, not to the LEFT as his past opponents had done.  Casey was like the Democratic Santorum–only smarter, more conservative, more polished, and a better version, and even more socially conservative and catholic than Santorum was.  Casey ran to the RIGHT of Santorum on the social issues, but to the LEFT of Santorum on the bread and butter, economic and labor issues.

This makes Casey’s election to the US Senate in 2006 very unique among all of the elections in 2006, even though it is clear that 2006 generally trended Democratic and it is pretty likely that Santorum faced an uphill battle in any event even if Casey had run as a traditional liberal.  But Casey was no traditional liberal.  No one on the editorial staff of the Huffington Post or the New York Times would endorse him for national office if they truly understood either his positions, or the positions of the PA electorate.  In truth, the PA electorate holds positions at variance with the Northeast liberal elite and the West Coast elite, excepting Philadelphia, State College and Pittsburgh.

The results of Casey’s strategies were very clear; he ran well to the right of Santorum on social issues, but ran as a Democrat on union and bread and butter economic issues, while still remaining pro-gun, pro-death penalty, pro-life, pro-church, anti-abortion, anti-contraception, and pro-adoption.

In short, there isn’t a bucket’s worth of warm spit’s difference between these two candidates on women’s issues at all.  In fact, PA has NEVER elected a women to the United States Senate.  Ever.  Not even close to ever.

Only two women have even been nominated to run for US Senate in PA History and both have lost, one back in 1964, and more recently Lynn Yeakel, who lost a relatively close race to incumbent Sen. Arlen Specter following the Anita Hill hearings in the 1990s, but still she lost and then rapidly faded from sight and power.

PA is clearly not a state conducive either to women’s issues or to women running for office.  PA has never had a female governor, a female senator and only rarely has it had female congresspersons.   According to the Huffington Post, as of 2009, there were only two women in its entire Congressional Delegation.  http://www.huffingtonpost.com/senate-guru/pa-sen-the-potential-demo_b_187357.html.   It is astonishing how limited women are in political power in PA.

PA is well to the right of NJ, NY, DE and all the other northeastern states with regards to women’s issues and specifically women’s reproductive health issues.  The state legislature is overwhelmingly dominated by men, especially religious and catholic men, and the men who serve there are openly sexist and demeaning towards women who serve in the legislature and create what is in effect a hostile work environment for women who are elected and choose to serve their constituents there.  Recently, one of the houses of the PA Legislature voted 2012 “The Year of the Bible” by nearly unanimous resolution, while also simultaneously voting to cut student financial aid and aid to all state universities by more than one-third in the very same session that they also authorized tens of millions of dollars to hire replacement football coaches to take over for Joe Paterno at Penn State.  Apparently male legislators have their priorities in PA.  And first rate Division I football in Happy Valley is really far higher of a priority than education for the poor or the middle class, apparently.

Sad to say, often the same holds true in many of the rural county courtrooms as well as many of the appellate courts, although there at least in the past few years, some progress has been made.  However, in the major law firms of Philadelphia and Pittsburgh, men hold by far the reins of power and women simply do not have any share of either the partner proceeds or the political shares of power that lead to business and partner revenues.

In short, it is a boy’s club, and often, a man’s only club in PA, notwithstanding the lip service paid to equality and opportunity.  Things in PA are NOTHING like NYC or Boston or DC.  They are backwards by at least twenty to forty years.  Many of the female partners who do make it in Philly prefer working over in New Jersey or up in NYC whenever possible–they find PA courts and clients to be very stifling and sexist in the extreme, and in any case most of the business is elsewhere.

Perhaps the reader imagines this is exaggeration, or opinion?  Let us introduce some evidence!

This is an actual example of tactices used against a female candidate for office in Allentown PA reported in the Huffington Post which occurred in 2006 and again in 2008:

“When she ran for mayor of Allentown, PA in 2001, Siobhan “Sam” Bennett was already well-known in her hometown. A former PTA president, she was a pillar of the community, having founded, led, or served on the boards of various civic organizations. So she was completely taken aback by what happened during her first stump speech as a mayoral candidate. Standing before a room full of men, she began to deliver her remarks when the chair of the meeting interrupted her with a totally bizarre and inappropriate request: “Sam, I want to ask a question all the men in this room have been dying to ask you: Just what are your measurements?”

As Bennett wrote in the Huffington Post:

I was in disbelief. And if this wasn’t bad enough, a reporter who witnessed this unabashed display of sexism wrote an article about that stump speech–and didn’t even mention the incident.Unfortunately, that experience was only a hint of what would come my way….

The Opposition’s Vehemence

What came her way when she ran for Congress in 2008 was far worse. Bennett was facing a possible challenger in Pennsylvania State Senator Lisa Boscola, and Boscola’s chief of staff, Bernie Kieklak, was well known in political circles for posting no-holds-barred commentary in local blogs. The remarks he let fly about Bennett at one online site are indicative of the level of sexism and misogyny many women candidates face.

To convey the intensity of Kieklak’s over-the-top sexism regarding Bennett and his extreme vulgarity, his comments are reproduced in their entirety below with minimal censorship: Sammy Bennett is a phony political w_____e who gives good h_____d and makes cheap, blatant political opportunists look like Mother F***ing Teresa. Even her p___y is made of plastic.” [sic] [offensive language edited].”

http://womensissues.about.com/od/thepoliticalarena/a/Women-In-Politics-Sexist-Media-Sexist-Attacks-Hurt-Women-In-Politics.htm

Truly shocking, abusive behavior towards a female politician.  But run of the mill for PA, sad to say.  Welcome to the training grounds of Sens. Santorum, Casey et al.

In short, to be successful in politics as a female in PA, you have to be not twice as good, not three times as good, but about ten times as good as a man, and have a hide made of armor plated kevlar.   Morever, many notable male politicians (including a prominent past governor) are well-known for their womanizing and aggrandizing tactics towards females, which can most generously be characterized as “Clintonesque”.  Even though these matters have been reported, still they go on.

This is the environment from which both Sens. Santorum and Casey have emerged and from which they ran for office.

Here was the result of Sen. Casey’s running to the right of Sen. Santorum on Social Issues according to Sen. Casey’s wiki bio:

“On election night, Casey won the race with 59% of the vote, compared to 41% for incumbent Senator Rick Santorum. Casey’s margin of victory was the highest ever for a Democrat running for the United States Senate in Pennsylvania.[11]Casey’s 17.4-point victory margin was the largest victory margin for a challenger to an incumbent Senator since James Abdnor unseated George McGovern by 18.8 points in 1980.”

Id.  However, the bio goes on to note that as Casey’s re-election approaches this year, he is beginning to distance himself openly from President Obama again in order to appeal to the conservative PA electorate, particularly with his blue-collar base in Wilkes-Barre and Scranton (Luzerne & Lackawanna Counties) who are very upset with the President’s performance on economic issues:

“Casey is up for re-election in 2012, and has stated that he intends to seek a second term in the Senate.[12][13] His re-election prospects are uncertain. Observers have noted that as the election approaches, Casey, an early supporter of Obama, has “started to oppose the president outright or developed more nuanced responses to events that differentiate him from Mr. Obama. Analysts say Mr. Casey wants to put some distance between himself and a president whose job approval ratings in Pennsylvania are poor.”[14] In October 2011, the National Journal noted that “the Scranton area is hugely important for 2012” for both Obama and Casey, but “the city has among the worst unemployment in the state, and it’s filled with the blue-collar Dems who weren’t very enthusiastic about Obama when he first ran for president. How Casey navigates his relationship with the president will speak volumes about his re-election prospects.”[15]

One cannot get away from one’s positions–a candidate is what a candidate espouses.  Sen. Santorum, like Sen. Casey, is a warm, charming and personable fellow.  Both are married with a number of kids–Casey has four kids, and Santorum has even more, and both their wives are full time stay at home moms.  Because that’s what they believe in, for the most part.  That moms and wives should stay at home and take care of the kids, that is.  And both of them are pro-gun, pro-second amendment, pro-death penalty, pro-life, pro-catholic, anti-abortion, anti-contraception, pro-adoption, and so on.  Indeed, it is very difficult to measure their differences on women’s issues or women’s health issues at all.

This addresses the issues, as opposed to attacking ad hominem or creating a straw man.  These candidates have espoused their positions and come to be what they are in large part, it is theorized and shown here, because of the electorate they spent a good deal of time cultivating–the uniquely conservative PA electorate.  Whether appealing to that electorate will work nationally in either Republican primaries or a National Presidential Election remains to be seen.  There has not been a President elected from PA since James Buchanan in 1856 (though Eisenhower famously took up residence near Gettysburg after he retired, and was considered an honorary PA resident, and his family still live in PA).  Perhaps with good reason.

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Last night we witnessed the triumph of existentialism, or should I say, Instantiation, in modern baseball, because the alleged two run home run hit by Alex Rodriguez NEVER ACTUALLY OCCURRED.

To understand this, first we must review the Home Run Rule in modern baseball, which was first defined in 1885, and was subsequently amended in 1892, 1914, 1920, 1926, 1931, 1950 and 1955.

The key concept of the home run rule is most plainly expressed in the 1892 rule which has not been changed very much since 1892:

A FAIR BATTED BALL THAT GOES OVER THE FENCE SHALL ENTITLE THE BATTER TO A HOME RUN…

The key concepts here are that

1) the ball has to be fair; and
2) the ball has to go “over the fence.”

The 1892 rule adds that “A distinctive line is to be marked on the fence showing the required point.” Meaning, if the ball goes over the fence above the line, it goes “over the fence.”

However, and this is the key point, the ball still has to go OVER the fence, not just ABOVE the line.

Last nite’s alleged home run by Alex Rodriquez, as a careful examination of the Rules of Baseball in this blog will demonstrate, was not a home run, but a Ground Rule Double.

It was a Ground Rule Double, because the ball never went OVER the Fence, as require plainly by the Rules of Baseball, but merely hit an object, which was in the field of play, above the line, but still in the field of play.

As to whether the ball would have, could have, or should have gone over the fence, but for the object, which was a TV camera, that is an interesting philosophical debate (which is the same as conceiving of unicorns, trolls, a planet without war and the tooth fairy), but the result is still the same: the home run remains an abstraction, something INSTANTIATED and given EXISTENCE only in the collective minds of the umpires.

You see the replay plainly on Fox TV. At no time did the ball go OVER the Fence. Moreover, the camera was jutting a good five to ten feet into the field. Even if the camera wasn’t there, the downward arc of the ball meant that the ball might have gone over the fence, or it might have continued its downward slope and hit the fence at a point BELOW the line of the fence.

Now, as a careful examination of the rules will show, similar disputes such as balls getting caught in the wiring of the ivy fences at Wrigley have always been rules as ground rule doubles. At no time have such balls ever been rules home runs, not in World Series and never on instant replay, because there has never been instant replay in the World Series or at any time in baseball.

I’m certainly pleased to see that baseball, not content with attempting to stop the Phillies from winning the World Series last year by calling a rain delay halt for the first time in World Series History when Cole Hamels was pitching a brilliant game in game five, this year, for the first time in World Series history called a fake home rum and foiled Cole Hamels again from winning.

Up to the point of the fake homer call, Hamels was pitching a no-hitter. It was obvious that Hamels was furious with the call. And rightly so. The call was utter and total BS, and proves that Bud Selig and Organized Baseball are determined to see that the Yankees win the World Series at all costs. The Umpiring crew rules so quickly that they must have been told by Selig how to rule. They didn’t have time to deliberate.

This is reminiscent of 1950, when the Yankees used their connections with the US Government to have Curt Simmons, a blazing lefthander with Sandy Koufax stuff, a twenty game winner, on the Phillies, get his draft notice in mid-September 1950, two weeks before the World Series was coming up with the Yanks. At the time, the Phils had Robin Roberts, now in the Hall of Fame, and Curt Simmons, a blazing lefthander, on their staff. The two pitchers had combined for more than fifty wins. The two pitchers could each have won two games in the series and blown out the Yanks, much like Curt Schilling and Randy Johnson won the 2001 Series for Arizona back a few years. But with Curt Simmons in the Army, the Phillies barely won the Pennant, and were eradicated by the Yanks in four games.

The Yankees always need to cheat to win.

Ok, so here are the Home Run Rules:

1885 – A fair batted ball that goes over the fence at a distance less than 210 feet from home base shall entitle the batsmen to two bases. A distinctive line shall be marked on the fence at this point.

My comment: At this point, a ball “over the fence” is not a homer at all, it’s a ground rule double. Weird.

1892 – A fair batted ball that goes over the fence shall entitle the batter to a home run; except that should it go over the fence at a distance less than 235 feeet from home base, the batter is entitled to only two bases. A distinctive line is to be marked on the fence showing the required point.

My comment: This is essentially the modern rule. The ball has to go “over” the “fence” to be a home run. And it has to go “over” the “distinctive line” of the “fence”. Not above, but over.

I think we all understand the difference between going near, above and around a line painted on a fence, and going over a fence. It’s the difference between a hurdler stumbling on the hurdle, and a hurdler clearing the hurdle entirely.

Rodriquez’ ball last nite, in Game 3 of the 2009 World Series, is not a home run under the Home Run Rule. It did not go “over the fence” or over the “distinctive line”, because in three dimensional space, it hit the camera before it crossed the plane of the line, and was knocked back into the field. Therefore, it never went over the line, never went over the wall, and never went over the fence.

Consequently, it was not a home run under the 1892 rule.

Are there any changes in the rules SINCE 1892 that could make it a home run? The answer is no, but let’s go through them all and see.

Note that this is not a “judgment call” by the umpires. The ball has to go “over the fence” and be a “fair ball” to be a home run. End of story. An umpire or group of umpires cannot make a ball that might have been or should have been a home run except that it hit something, into a home run by philosophical instantiation, or abstractive analysis.

In short, there are no unicorns, trolls or other imaginary beings just because we think there are; and there are no imaginary home runs. C.f. Occam’s razor—we don’t create a multiplicity of abstract universal beings just because we name them, think of them or create them in our minds. If we create now a class of abstract home runs, home runs that might have been, should have been and so forth, we now introduce into baseball a series of abstract balls, strikes, stolen bases, catches, hits and so forth and soon there will be entire parallel universes of baseball realities creeping into games, abstract realities which have nothing to do with what’s going on down at the field level, or, more pertinently, in the empirical world or in the rulebook. Everything will come down to what the umpires say and we’ll have a courtroom, not a ballgame.

1914 – Should an errant thrown ball remain in the meshes of a wire screen protecting the spectators, the runner or runners shall be entitled to two bases. The umpire in awarding such bases shall be governed by the position of the runner or runners at the time the throw is made.

My comment – this is the first indication that hitting a camera should be a ground rule double. Here the rule says if an errant thrown ball gets caught in wire screen mesh, the runner gets two bases and two bases only. It doesn’t matter if the ball is over the fence in fair ground, it’s still only two bases.

1920 – Home Run/Game-Ending – If a batsman, in the last half of the final inning of any game, hits a home run over the fence or into a stand, all runners on the bases at the time, as well as the batsman, shall be entitled to score, and in such event all bases must be touched in order, and the final score of the game shall be the total number of runs made.

My comment – this is the famous “walk off homer” rule change. Prior to 1920, if someone hit a walk off homer with one, two or three men on that won the game, the only runs that counted were the ones that won the game, e.g. if the score were 9-8 the road team, and you hit a grand slam, you got two runs, the score ended 10-9 home team, and you were credited with either a single or a double, usually a single. Not a grand slam. But under the walk-off rule, the score ended 12-9, the batter got credit for a homer, a grand slam and 4 RBI.

Note again that the rule says “over the fence” and “into the stand”. Rodriquez’ alleged homer last night meets neither of these key tests.

1926 – A fair batted ball that goes over the fence or into a stand shall entitle the batsman to a home run, unless it should pass out of the ground or into a stand at a distance less than 250 feet from the home base, in which case the batsman shall be entitled to two bases only. In either event the batsman must touch the bases in regular order. The point at which a fence or stand is less than 250 feet from the home base shall be plainly indicated by a white or black sign or mark for the umpire’s guidance.

My comment – again, the rule says “over the fence” or “into a stand” in order for a ball to be a home run. This changes the 1892 rule by making the minimum fence distance 250 feet for a home run instead of 235 feet in order not to have “cheap” home runs, although even 250 feet would be a pretty short distance. Of course, Yankee Stadium had a 297 foot right field porch for years for their left handed sluggers, another example of the Yankees “cheating”, and then they would have an all-lefthanded staff to keep the other team from stacking up lefties against them, c.f. Lefty Gomez, Whitey Ford, Andy Pettite, Ron Guidry and so forth. This unfair advantage has been wiped out with the new Yankee Stadium, although allegedly there remains a slightly easier job of hitting to right field.

1931 – Batter/Awarded Bases – A fair hit ball that bounds into a stand or over a fence shall be a two-base hit. Note: There is no reference to distance in this rule and any fair hit ball bounding over the fence or into the stand is a two-base hit.

My comment: This is the modern ground-rule double rule. It hasn’t changed at all. Most importantly, READ what it says. “A FAIR HIT BALL THAT BOUNDS INTO A STAND OR OVER A FENCE SHALL BE A TWO-BASE HIT.” That means that if the ball bounces off a camera and then over the fence, it’s a two base hit. If the ball bounces off a fan and over the fence, it’s a two base hit. If it bounces off the top of the Astrodome, and back into the field of play, as happened to Mike Schmidt in 1974, it’s a two base hit; but if it went off the top of the Astrodome and then over the fence, it would be a ground rule double according to the rule.

According to the plain language of the ground rule double rule of 1931, the ball A Rod hit last nite in game 3 of the World Series was a double. Not subject to review, not subject to judgment call. A ground rule double. It went off a camera and bounded over the fence and then back into the field. It was in play. It’s a ground rule double in that case.

In 1950 the rulebook was entirely recodified and rewritten, refined and clarified:

1950: Batter/Awarded Bases: Each runner including the batter-runner may, without liability of being put out, advance to home base, scoring a run, if a fair ball goes over the field fence in flight and he touch [sic] all bases legally; of if a fair ball which, in the umpire’s judgment, would have cleared the field fence in flight, is deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel, the runner shall be awarded a home run.

My comment – to be a home run, the ball must go over the fence “in flight”. The only case where an umpire may exercise judgment and rule on whether a ball “would have cleared the field fence in flight” is solely and exclusively the case of when the ball is “deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel”. This is the one and only situation where an umpire may exercise abstract judgment and award a hypothetical or abstract home run under the rules of baseball; where a fielder attempts to block the ball by throwing his glove, cap or article of his clothing at the ball.

This was not the case with A Rod’s home run last night. Jayson Werth did not throw his cap, his glove or any article of his clothing at the ball last night. Consequently, the ball would have had to clear the fence “in flight” to be a home run. Since the ball never cleared the fence “in flight”, it was not a home run under the 1950 rule, as amended.

More 1950 changes:

The batter becomes a baserunner when a fair ball, after touching the ground, bounds into the stands or passes through or under a fence or through or under shrubbery or vines on the field, in which case the batter and the baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair ball which, either before or striking the ground, passes through or under a fence or through or under a scoreboard or through or any opening in the fence or scoreboard or through or under shrubbery or vines on the fence, in which case the batter and the baserunners shall be entitled to two bases.
The batter becomes a baserunner when any bounding fair ball is deflected by the fielder into the stands or over or under a fence on fair or foul ground, in which case the batter and all baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair fly ball is defelected by the fielder into the stands or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run.

My comment – the first three rules make clear that deflections by the fielder and interference with the ball by objects on the field, such as vines, fences and shrubbery, are always ground rule doubles. The only case where a ball is NOT a ground rule double is when there is a deflection by the fielder, and for this to be a home run, there are four requirements;
1) a fair fly ball in fair territory;
2) deflected by a fielder;
3) into the stands; or
4) over the fence.

Note that even if argued analogically to last nites hit by A Rod, the 1950 rule does him no good. First, the camera deflected the ball back into the field. Second, the deflection was by a camera, not by a fielder. Third, the deflection was not “into the stands.” Fourth, the deflection was not “over the fence.”

Consequently, it’s really, really, really crystal clear that what we have is a ground rule double, under the remaining provisions of the 1950 and 1932 ground rule double rules. A Rod and the Yankees were only entitled to a ground rule double last nite in game 3 of the World Series.

1955 Rule Change

The 1955 rule change is very, very minor, it just provides that if a hitter hits a homer and has an accident while running the bases and time is called, he can have a runner come in and pinch run for him and run out the homer run and score it. It has no effect whatsoever on the discussion at hand.

Ok, through 1995, that’s all the rule changes I have from the source J. Thorn, P. Palmer, M. Gershman, D. Pietruskza, Total Baseball V: The Official Encyclopaedia of Major League Baseball (Viking NY 1997), c.f. D. Bingham & T. Heitz, “Rules and Scoring,” at pp. 2376-2432.

Now let’s hit the Net.

The rules as they exist through 1955 continue to exist and are codified in Official Rules of Baseball at Rule 6.09, exactly as they were enacted in 1950, see for yourself:

6.09 The batter becomes a runner when—
(a) He hits a fair ball;
(b) The third strike called by the umpire is not caught, providing (1) first base is unoccupied, or (2) first base is occupied with two out;
Rule 6.09(b) Comment: A batter who does not realize his situation on a third strike not caught, and who is not in the process of running to first base, shall be declared out once he leaves the dirt circle surrounding home plate.
(c) A fair ball, after having passed a fielder other than the pitcher, or after having been touched by a fielder, including the pitcher, shall touch an umpire or runner on fair territory;
(d) A fair ball passes over a fence or into the stands at a distance from home base of 250 feet or more. Such hit entitles the batter to a home run when he shall have touched all bases legally. A fair fly ball that passes out of the playing field at a point less than 250 feet from home base shall entitle the batter to advance to second base only;
(e) A fair ball, after touching the ground, bounds into the stands, or passes through, over or under a fence, or through or under a scoreboard, or through or under shrubbery, or vines on the fence, in which case the batter and the runners shall be entitled to advance two bases;
(f) Any fair ball which, either before or after touching the ground, passes through or under a fence, or through or under a scoreboard, or through any opening in the fence or scoreboard, or through or under shrubbery, or vines on the fence, or which sticks in a fence or scoreboard, in which case the batter and the runners shall be entitled to two bases;
(g) Any bounding fair ball is deflected by the fielder into the stands, or over or under a fence on fair or foul territory, in which case the batter and all runners shall be entitled to advance two bases;
(h) Any fair fly ball is deflected by the fielder into the stands, or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run. However, should such a fair fly be deflected at a point less than 250 feet from home plate, the batter shall be entitled to two bases only.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/06_the_batter.pdf

the deflection by the fielder rule is also exactly the same as adopted in 1950 and has not been changed, and is codified in Rule 7.05(a);

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

See? It’s exactly the same. The only way an upire can judge if the fair ball would have left the stadium and gone out of the playing field in flight, is if it was deflected by the act of a fielder under Rule 7.05(a).

The umpire can’t make a judgment call under any other of the rules of baseball.

All the rules of baseball, incidentally, are on line and available for you all to read for yourselves at;

http://mlb.mlb.com/mlb/official_info/official_rules/foreword.jsp

see also these websites:

http://www.baseball-almanac.com/rulemenu.shtml

http://www.rulesofbaseball.com/

http://en.wikipedia.org/wiki/Baseball_rules

There IS however, a rule which pertains to interference by media, and that is rule 3.15, which I hereby quote now:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

NOTE WHAT RULE 3.15 SAYS ABOUT INTERFERENCE WITH A BALL BY NEWSPHOTOGRAPHERS WHO ARE AUTHORIZED TO BE ON THE FIELD OF PLAY: In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play.

Since A-Rod’s ball was UNINTENTIONALLY INTERFERED WITH BY A PRESS CAMERA, RULE 3.15 COMES INTO PLAY EXPRESSLY AND THE BALL IS IN PLAY. It’s not a case of fan interference where the umpires are allowed to make a judgment call to nullify the fan interference and create a home run abstractly.

To the contrary, the rule is clear and express- “the ball is in play” says the rule. Since the ball did not go over the fence or into the stands or over the fence in flight, but back to the field, and since Werth relayed it back, the Yankees runners were stuck at 2d and 3d.

There was no interference, and if there were a ground rule here, it was at best a ground rule double. See discussion above, supra.

NOTE THAT THIS IS AN ENTIRELY DIFFERENT SITUATION THAN IF A FAN HAD INTERFERED WITH THE BALL.

The Umps and all of major league baseball got the rules wrong last night.

The ball was alive and in play last night and/or was a ground rule double, under the ground rule double rules and also under official Rule 3.15.

The Umps had no interference discretion under rules 3.15 or 3.16 because NO FAN touched the ball—instead, an authorized member of the press touched the ball.

The camera was an authorized photographer.

Consequently, the ball was in play.

Note the difference if a spectator had touched the ball:

3.16 When there is spectator interference with any thrown or batted ball, the ball shall be dead at the moment of interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.
APPROVED RULING: If spectator interference clearly prevents a fielder from catching a fly ball, the umpire shall declare the batter out.

Rule 3.16 Comment: There is a difference between a ball which has been thrown or batted into the stands, touching a spectator thereby being out of play even though it rebounds onto the field and a spectator going onto the field or reaching over, under or through a barrier and touching a ball in play or touching or otherwise interfering with a player. In the latter case it is clearly intentional and shall be dealt with as intentional interference as in Rule 3.15. Batter and runners shall be placed where in the umpire’s judgment they would have been had the interference not occurred.
No interference shall be allowed when a fielder reaches over a fence, railing, rope or into a stand to catch a ball. He does so at his own risk. However, should a spectator reach out on the playing field side of such fence, railing or rope, and plainly prevent the fielder from catching the ball, then the batsman should be called out for the spectator’s interference.
Example: Runner on third base, one out and a batter hits a fly ball deep to the outfield (fair or foul). Spectator clearly interferes with the outfielder attempting to catch the fly ball. Umpire calls the batter out for spectator interference. Ball is dead at the time of the call. Umpire decides that because of the distance the ball was hit, the runner on third base would have scored after the catch if the fielder had caught the ball which was interfered with, therefore, the runner is permitted to score. This might not be the case if such fly ball was interfered with a short distance from home plate.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

The ground rules for ground rule doubles are exactly the same as the 1950 and 1932 rules discussed above, and are codified at the official rules of baseball 7.05;

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;
(b) Three bases, if a fielder deliberately touches a fair ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play and the batter may advance to home base at his peril;
(c) Three bases, if a fielder deliberately throws his glove at and touches a fair ball. The ball is in play and the batter may advance to home base at his peril.
(d) Two bases, if a fielder deliberately touches a thrown ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play;
(e) Two bases, if a fielder deliberately throws his glove at and touches a thrown ball. The ball is in play;
Rule 7.05(b) through 7.05(e) Comment: In applying (b-c-d-e) the umpire must rule that the thrown glove or detached cap or mask has touched the ball. There is no penalty if the ball is not touched.
Under (c-e) this penalty shall not be invoked against a fielder whose glove is carried off his hand by the force of a batted or thrown ball, or when his glove flies off his hand as he makes an obvious effort to make a legitimate catch.

(f) Two bases, if a fair ball bounces or is deflected into the stands outside the first or third base foul lines; or if it goes through or under a field fence, or through or under a scoreboard, or through or under shrubbery or vines on the fence; or if it sticks in such fence, scoreboard, shrubbery or vines;
(g) Two bases when, with no spectators on the playing field, a thrown ball goes into the stands, or into a bench (whether or not the ball rebounds into the field), or over or under or through a field fence, or on a slanting part of the screen above the backstop, or remains in the meshes of a wire screen protecting spectators. The ball is dead. When such wild throw is the first play by an infielder, the umpire, in awarding such bases, shall be governed by the position of the runners at the time the ball was pitched; in all other cases the umpire shall be governed by the position of the runners at the time the wild throw was made;
APPROVED RULING: If all runners, including the batter-runner, have advanced at least one base when an infielder makes a wild throw on the first play after the pitch, the award shall be governed by the position of the runners when the wild throw was made.
Rule 7.05(g) Comment: In certain circumstances it is impossible to award a runner two bases. Example: Runner on first. Batter hits fly to short right. Runner holds up between first and second and batter comes around first and pulls up behind him. Ball falls safely. Outfielder, in throwing to first, throws ball into stand.
APPROVED RULING: Since no runner, when the ball is dead, may advance beyond the base to which he is entitled, the runner originally on first base goes to third base and the batter is held at second base.
The term “when the wild throw was made” means when the throw actually left the player’s hand and not when the thrown ball hit the ground, passes a receiving fielder or goes out of play into the stands.
The position of the batter-runner at the time the wild throw left the thrower’s hand is the key in deciding the award of bases. If the batter-runner has not reached first base, the award is two bases at the time the pitch was made for all runners. The decision as to whether the batter-runner has reached first base before the throw is a judgment call.
If an unusual play arises where a first throw by an infielder goes into stands or dugout but the batter did not become a runner (such as catcher throwing ball into stands in attempt to get runner from third trying to score on passed ball or wild pitch) award of two bases shall be from the position of the runners at the time of the throw. (For the purpose of Rule 7.05 (g) a catcher is considered an infielder.)
PLAY. Runner on first base, batter hits a ball to the shortstop, who throws to second base too late to get runner at second, and second baseman throws toward first base after batter has crossed first base. Ruling—Runner at second scores. (On this play, only if batter-runner is past first base when throw is made is he awarded third base.)
(h) One base, if a ball, pitched to the batter, or thrown by the pitcher from his position on the pitcher’s plate to a base to catch a runner, goes into a stand or a bench, or over or through a field fence or backstop. The ball is dead;

APPROVED RULING: When a wild pitch or passed ball goes through or by the catcher, or deflects off the catcher, and goes directly into the dugout, stands, above the break, or any area where the ball is dead, the awarding of bases shall be one base. One base shall also be awarded if the pitcher while in contact with the rubber, throws to a base, and the throw goes directly into the stands or into any area where the ball is dead.
If, however, the pitched or thrown ball goes through or by the catcher or through the fielder, and remains on the playing field, and is subsequently kicked or deflected into the dugout, stands or other area where the ball is dead, the awarding of bases shall be two bases from position of runners at the time of the pitch or throw.
(i) One base, if the batter becomes a runner on Ball Four or Strike Three, when the pitch passes the catcher and lodges in the umpire’s mask or paraphernalia.
If the batter becomes a runner on a wild pitch which entitles the runners to advance one base, the batter-runner shall be entitled to first base only.

Rule 7.05(i) Comment: The fact a runner is awarded a base or bases without liability to be put out does not relieve him of the responsibility to touch the base he is awarded and all intervening bases. For example: batter hits a ground ball which an infielder throws into the stands but the batter-runner missed first base. He may be called out on appeal for missing first base after the ball is put in play even though he was “awarded” second base.
If a runner is forced to return to a base after a catch, he must retouch his original base even though, because of some ground rule or other rule, he is awarded additional bases. He may retouch while the ball is dead and the award is then made from his original base.
(j) One base, if a fielder deliberately touches a pitched ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play, and the award is made from the position of the runner at the time the ball was touched

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

as you can plainly see, nothing has changed in the ground rules at all.

Consequently, A-Rod’s hit was either a ground rule double under rule 7.05, or it was a ball in play since it hit a media camera which was authorized to be in the field of play under rule 3.15. What it was not was a home run under either rule 6.09(d) or rule 7.05(a) or any other rule of baseball.

I’ve looked exhaustively and so have my sabrmetric friends, and there isn’t a rule in the book supporting what happened last night.

What happened also violates the laws of logic and violates the laws of physics. It violates the laws of logic, because the home run was created by an act of particular instantiation—abstract thought created a thing from a concept—what we in philosophy call a “unicorn”—which would make my old professor of logic at Harvard turn over twice—and violates Occam’s razor—that you don’t create needless entities through nominalism.

Instead, empiricism and realism dictate that a home run is a home run when we SEE and WITNESS that the ball goes over the fence—not that we imagine or suppose that it MIGHT have gone over the fence.

The problem with the umpires’ supposition last night is that it is what we call in philosophy a “modal” proposition, an “if….then” statement, that is conditional.

“If the camera were not there, then the ball would have flown over the fence.”

This can readily be recognized as a categorical statement of conditional form—namely, if there were no camera “x”, the trajectory of flight of the ball would have been different in form “y”.

The problem, as anyone knows, is that without an actual observation of same, there are a plethora of possible universes of possible “y’s”.

All we know is that the ball may or might have gone over the wall—or it may or might have bounced below the line and back onto the field. All we have is a possibility that it might have gone over the wall.

All conditionals are like this.

Moreover, accepting conditionals as true introduces a host of problems.

The medieval philosophers didn’t like conditionals, and neither should we.

It’s true that rule 9.03c states that

Each umpire has authority to rule on any point not specifically covered in these rules.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/09_the_umpire.pdf

however, in this case, the A-Rod double IS covered specifically by the baseball rules. There is no room for discretion or authority to rule.

Here’s what actually occurred before game 3 of the World Series according to the umpiring crew:

Indeed, umpire crew chief Gerry Davis said that his crew explored every inch of Citizens Bank Park prior to Game 3, spending time reviewing areas unique to the park. The right-field camera was one of the aspects they discussed.
“We tour the field during the series whenever we go to a new ballpark, and discuss specific ground rules and potential trouble areas just like that,” Davis said. “Because we cannot control what the cameraman does with the camera, one of the specific ground rules is when the ball hits the camera, [it's a] home run.”

http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

So, the umpiring crew themselves MADE UP THEIR OWN GROUND RULE that the camera, if it was hit, would be a home run.

That would be fine, except that it’s in direct violation of Baseball Rule 3.15, as cited above, supra, that a media photographic camera, if a ball strikes it, the ball is in play and NOT a home run.

The Umpires don’t have discretion to make a ground rule about that.

The statement made by Umpire Davis is totally and completely WRONG. The rules cover the situation of when a ball strikes a camera held by a camera man.

Let’s see the rule again:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

Ok, then, cameramen, news photographers who unintentionally interfere with the ball, and the interference is unintentionall, the “ball is alive and in play.”

It’s not up to Davis and his crew to make up a ground rule there. It’s up to Davis and his crew to follow Rule 3.15. Rule 3.15 trumps Article 9 and the umpire discretion rules.

Now let’s discuss the instant replay rule.

Here’s the story on the instant replay rule adopted in September of 2008:

5. Instant replay
Main article: Instant replay
In November 2007, the general managers of Major League Baseball voted in favor of implementing instant replay reviews on boundary home run calls. [19] The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
On August 28, 2008, instant replay review became available in MLB for reviewing calls in accordance with the above proposal. It was first utilized on September 3, 2008 in a game between the New York Yankees and the Tampa Bay Rays at Tropicana Field. [20] Alex Rodriguez of the Yankees hit what appeared to be a home run, but the ball hit a catwalk behind the foul pole. It was at first called a home run, until Tampa Bay manager Joe Maddon argued the call, and the umpires decided to review the play. After 2 minutes and 15 seconds, the umpires came back and ruled it a home run.
About two weeks later, on September 19, also at Tropicana Field, a boundary call was overturned for the first time. In this case, Carlos Peña of the Rays was given a ground rule double in a game against the Minnesota Twins after an umpire believed a fan reached into the field of play to catch a fly ball in right field. The umpires reviewed the play, determined the fan did not reach over the fence, and reversed the call, awarding Peña a home run.
Aside from the two aforementioned reviews at Tampa Bay, replay was used four more times in the 2008 MLB regular season: twice at Houston, once at Seattle, and once at San Francisco. The San Francisco incident is perhaps the most unusual. Bengie Molina, the Giants’ Catcher, hit what was first called a double. Molina then was replaced in the game by a pinch-runner before the umpires re-evaluated the call and ruled it a home run. In this instance though, Molina was not allowed to return to the game to complete the run, as he had already been replaced. Molina was credited with the home run, and two RBIs, but not for the run scored which went to the pinch-runner instead.
On October 31, 2009, in the fourth inning of Game 3 of the World Series, Alex Rodriguez hit a long fly ball that appeared to hit a camera protruding over the wall and into the field of play in deep left field. The ball ricocheted off the camera and re-entered the field, initially ruled a double. However, after the umpires consulted with each other after watching the instant replay, the hit was ruled a home run, marking the first time an instant replay home run was hit in a playoff game. [21]
Source:

http://wapedia.mobi/en/Home_run?t=3.

Citing to

• ESPN – GMs vote 25-5 to use replay to aid home run decisions – MLB
• http://mlb.mlb.com/news/gameday_recap.jsp?ymd=20080903&content_id=3412731&vkey=recap&fext=.jsp&c_id=nyy
• http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

Now, let’s parse all this.

What instant replay boils down to is this.

A lawyer sits in Bud Selig’s offices in NYC and HE reviews the play and decides how it should be called.

The head of the umpiring crew calls NYC and asks the lawyer how the play should be ruled.

Then they decide.

Uh, what’s wrong with this picture if the NEW YORK YANKEES are one of the teams in the playoffs?

Let’s see, a NEW YORK LAWYER making the call? Against a PHILLY team?

Oh right, that would be really fair, impartial and just.

Incidentally, let’s review the rule again:

The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
Id, supra.

Note that the ball has to hit an object BEYOND the fence while in flight.

Not in front of the fence, but BEYOND the fence.

This is completely consistent with Rules 6.09 and 7.05(a) which define a home run as one hit “over the fence in flight”.

The camera, in this case, was jutting out over the fence by a good five to ten feet.

So it was not beyond the fence, but on the field of play.

Second, because it was on the field of play, it was therefore a photographic interference under Rule 3.15, and should have been considered an unintentional interference, and a live ball in play under Rule 3.15.

Third, if not a live ball in play, then the ground rule double rule of 7.05 (b) et seq. comes into play.

What’s wrong with this picture?

THERE WAS NEVER ANY JURISDICTION FOR HOME RUN REVIEW UNDER THE HOME RUN INSTANT REPLAY RULE BECAUSE THE BALL HIT BY A ROD NEVER WENT OVER THE FENCE IN FLIGHT OR BEYOND THE FENCE.

Let’s review the criteria for instant replay;

1) is it fair or foul? Well, it was a fair ball. No need for instant replay.
2) Is it a live ball that hit the fence and bounced back to the field? No. No need for instant replay.

Was it a live ball that hit some object beyond the fence while in flight?

No. It never went beyond the fence. So no instant replay was required.

Well, it hit the camera==part of which was behind the fence, but the part of the camera the ball hit was NOT beyond the fence.

This is not a semantic issue, but a real rules issue, because if you start saying that balls that don’t go over the fence in flight are home runs, just because the umpires make up ground rules before the game to make them eligible for instant review, doesn’t make it so.

I think the key here is to parse the fact that the umpiring crew made a mistake before the game establishing false ground rules, by making a camera that jutted INTO the field, a candidate for HOME RUN instant replay.

That wasn’t their call to make.

Under the instant replay rule, the camera has to be entirely beyond the fence for them to make that decision, end of story.

Remember, the rule is to decide the boundary issue of when a ball has hit an object BEYOND the fence–not an object within the ballfield.

The Umps exceeded their rulemaking authority. Also, see #3, below, because there’s actually a different rule that applies to cameras that are in the field of play and not beyond the field of play, in which case the ball is either a ground rule double or in play. In either case the result is the same; arod at 2d, texeira at 3d.

3) There was not spectator interference, but rather, photographer interference under rule 3.15, which made it a live ball under the rules, and on the field of play.

Consequently, there was no jurisdiction for an instant reply. Rather, the umpires AGGREGATED and SEIZED inappropriately the jurisdiction for home run instant replay because they forgot their own rule book and the rules of baseball.

They got the call all wrong.

It’s an insult to our collective intelligence and our common sense to say that a ball that fell short of the wall, and never went over the wall, is a “fair ball” that “went over the fence in flight” or that after instant replay, was shown to have struct an object “beyond the fence” in flight. None of these things occured on arod’s hit.

And messed up a 25 year old kids’ no hitter in the processs.

Did they purposefully do it?

Did the NY Offices of baseball reverse the call to obstruct the Phillies from repeating?

I don’t know—go ask the Atlanta Braves. No one in Bud Selig’s office was happy when they went up 2-0 on the Yankees in 1996 either.

The Commissioner’s office basically wants LA or NY to win the series because that’s good for TV ratings.

They like to ignore Philly and Atlanta even though we’re much more rabid about baseball than New Yorkers, most of whom are too poor to afford to go to a game, whereas in Philly or Atlanta, it’s mostly the middle class who attend.

And if we have to cheat and violate the rules to make the Yankees winners, what the hay?

Just remember Curt Simmons’ draft notice, and Bud Selig’s ridiculous rain delay call in last year’s Game Five in Philly.

Definitely be sure there’s bias against the Phillies in NYC.

And of course, let’s not forget they used a single New York Lawyer as the judging panel for instant replay of a World Series play involving….

The New York Yankees.

Like that’s really fair.

This is the Second World Series in a row where Bud Selig has personally messed around with our ace, Cole Hamels, in a World Series game.

First was Game Five in World Series 2008, in which Cole Hamels was shutting the door down on Tampa Bay. Selig allowed the game to proceed in the rain, then let Tampa Bay score a cheap run in rain soaked conditions against Hamels, a cheap run in conditions not fit to play in, and then Selig announced the game would be suspended—a first in Series history—which infuriated not only the Phillies, but Hamels, who had pitched well enough to win. Last year the story line was supposed to be tampa bay to win, cindarella, last place to world champions. New york didn’t want philly winning.

Conspiracy theorists, you are right if you think Selig hates Hamels.

And now this year, Selig sends Davis and an experienced umpiring crew out, and they set up illegal ground rules, and use the first chance they get, to award a two run instant replay home run—an existential, instantiated home run—an abstraction if you will, because nothing ever left the park or ever went over the fence in flight—for the sole purpose of screwing up Cole Hamels’ game in game 3, the pivotal game of the 2009 world series.

I need not point out how furious Hamels must have been with all this BS; for the second year in a row, he’s been messed with, not by the opposing lineup, but by lawyers and umpires and the commissioners’ office. They just won’t let him do his job.

I understand why he might have hung a few curves the next inning to Swisher and Damon.

What I don’t understand is why the Phillies don’t aggressively move

1) for Bud Selig’s immediate ouster as Commissioner of Baseball; and
2) an immediate amendment of the baseball instant replay rule requiring that the review of plays always be done in a neutral city by an impartial panel of three arbitrators, not lawyers, with one chosen by each team and the third chosen by the other two.
3) And the umpiring crew and ground rules be reviewed two weeks in advance of the World Series by the front office of each team, and by the teams attorneys, to be sure there are no conflicts with the Rules of Baseball.

Even my 80 year old mother in law, who just had eye surgery, who watched the game last night, and used to be a Brooklyn Dodger fan from Brooklyn, saw the play last night and she knew that the A-Rod hit wasn’t a home run.

“it didn’t go out of the park” she said. “how could it be a home run?”

Exactly. To be a home run, under rule 7.05(a), and in the common sense of every fan, a home run must go over the fence in flight.

And to be a home run for instant replay purposes, it has to go over the fence in flight and THEN hit some object.

Not hit some object which inteferes with the ball from going over the fence in flight. That’s a ground rule double or a ball live in play, as we have seen from our discussion, at length, of the rules.

The difference last night was two runs.

But the difference, from our perspective, is the lawlessness of the Bud Selig regime.

A regime which bars Pete Rose from the Hall of Fame, but tolerates steroid use by the likes of A-Rod and David Ortiz, and turns a blind eye to the income inequalities between teams like the Yankees and the Twins that keep baseball from truly being competitive.

A regime which makes arbitrary and capricious decisions each and every year about rain delays, rain suspensions, instant replay home runs in the World Series, and which plays games of law and fate which affect a man’s life and career in the case of Cole Hamels, who is a truly great pitcher along the lines of a Steve Carlton.

In fact, if you study Hamels stats, you will see that his 2009 is to his 2008, as Carlton’s 1973 was to Carlton’s Cy Young 1972.

I expect Cole Hamels to have a very bright future.

And he will not take much more of this abuse from Bud Selig and his cronies.

And neither should we philly fans.

And New York Yankee fans, you are cheating to win.

And to think I actually shed tears for you guys on 9/11.

And by the way, your NY Giants got rolled by the Eagles. At least the NFL runs a fair league. Thank you Pete Rozelle Paul Tagliabue and your successors.

Guess those memories of Joe Namath are starting to fade, eh?

–art kyriazis, philly
home of the world champion phillies, 2008 world champions
2008, 2009 National League pennant champs

The Philadelphia Eagles this past week signed former Atlanta Falcons QB Michael Vick, which instantly generated a lot of media controversy.

Because here at the Sophist we like to examine both points of view, lets’s parse for a moment some of the assumptions underlying whether Michael Vick has actually done anything controversial.

I. You aint nothing but a Hound Dog

In the beginning, people think it was Elvis who sang “you aint nothin but a hound dog”, but that isn’t right at all. It was african american blues woman BIG MAMA THORNTON who first sang “you aint nothing but a hound dog” and what she meant by that was something far different than what elvis meant, and it had a lot to do with accusing her man of infidelity.

frankly, that is probably a more serious matter than what michael vick was actually charged with.

Big Mama Thornton later re-recorded “hound dog” on a record she cut live in prison (michael vick not in attendance) and let me say, every track on there is hot, hot, hot.

here’s a live version on youtube with the legendary bluesman buddy guy;

hot hot hot! the guitar licks by buddy guy, the drumming by his band, and the singing by big mama thornton are totally awesome. what a clip! 11 out of 10! this is a legendary blues clip. wow!

now that’s the blues!!!!

they should have the big mama thornton/buddy guy version of this tune play on the jumbotron video at the linc every time michael vick takes the field. eventually it would be his signature song!

big mama thornton was a big influence on Janis Joplin and a great many other singers, especially as Big Mama Thornton was the first to sing “Summertime” and “Ball and Chain” pretty frequently, songs that later became associated with Janis.

In fact, if you really look at Big Mama Thornton, the fact is that white artists stole or misappropriated all of her fine work–Elvis took Hound Dog, the Stones and other bands took Little Red Rooster, Janis took Ball and Chain and Summertime, and so on, and rarely did the white artists mention Big Mama Thornton or pay her the correct royalties or give her the proper dues.

and yet, if you compare Big Mama Thornton to the white artists, it’s clear as a bell who’s better. janis joplin is good, but Big Mama Thornton is amazing. Elvis is good, but Big Mama Thornton is better. and so forth.

here’s Big Mama Thornton doing “Ball and Chain” with Lighting Hopkins, just an amazing version of this tune, a real blues classic, http://www.youtube.com/watch?v=GSNavkeDg54

If you’ve never heard of Big Mama Thornton, go and download her songs right now on youtube and music sites.

here’s her doing “Little Red Rooster” live at Newport with BB King and Muddy Waters. Pretty awesome. http://www.youtube.com/watch?v=0ycw4uaXPRU&feature=related

here’s wikipedia account of big mama thornton’s version of hounddog, but you really have to listen to the song to get it:

at http://en.wikipedia.org/wiki/Hound_Dog_%28song%29

Big Mama Thornton version

The blues singer Big Mama Thornton’s biggest hit was Jerry Leiber and Mike Stoller’s “Hound Dog,” which she recorded in 1952. Thornton’s “Hound Dog” was the first record Leiber and Stoller produced themselves. They took over the session because their work had sometimes been misrepresented, and on this one they knew how they wanted the drums to sound; Johnny Otis was supposed to produce it, but they wanted him on drums. [5] Otis received a writing credit on all 6 of the 1953 pressings. This 1953 Peacock Records release (#1612) was number one on the Billboard rhythm and blues charts for seven weeks. [6]

Thornton gave this account of how the original was created to Ralph Gleason. “They were just a couple of kids, and they had this song written on the back of a paper bag.” She added a few interjections of her own, played around with the rhythm (some of the choruses have thirteen rather than twelve bars), and had the band bark and howl like hound dogs at the end of the song. In fact, she interacts constantly in a call and response fashion during a one minute long guitar “solo” by Pete Lewis . Her vocals include lines such as: “Aw, listen to that ole hound dog howl.. OOOOoooow”, “Now wag your tail”, Aw, get it, get it, get it”.

Thornton’s delivery has flexible phrasing making use of micro-inflections and syncopations. Over a steady backbeat, she starts out singing each line as one long upbeat. When the words change from “You ain’t nothin’ but a HOUND Dog”, she begins to shift the downbeat around: You TOLD me you was high-class / but I can SEE through that, You ain’t NOTHIN’ but a hound dog. Each has a focal accent which is never repeated..[7]

The other musicians on this recording are Devonia Williams (piano), Albert Winston (bass), and Leard Bell (drums), and are listed as “Kansas City Bill & Orchestra”.[8] Habanera and Habanera-mambo variations can be found in this recording.[9]

II. I Wanna Be Your Dog

in 1969, James Newell Osterberg, Jr., aka Iggy Pop, and the Stooges recorded one of the all time classic rock tunes with “I Wanna Be Your Dog”. It’s been on so many commercials and movie tracks that it would be redundant to re-spell it out here, but suffice it to say that most critics believe this song to be the first genuine song of the punk/new wave movement.

here’s a youtube live performance of iggy pop doing the tune from 1979, and it’s pretty good;

for a really hot 2006 version of the tune on you tube see this link;

this performance is from brussels, 2006 and the band is hot, the audience is so into it, they’re singing every line along with iggy pop. this song is really great. if you can get it on rockband, or learn it on your electric guitar, it’s a winner winner chicken dinner, three chord wonder variety. it’s so elemental that it actually generates energy.

once you watch it, you really get the idea. this song, as well, has little or nothing to do with dogs, but rather about something else far more dark and mysterious.

if you’re still not sure, read wonderland avenue by the late danny sugarman about iggy pop and you’ll get the fuller picture. iggy and the stooges, and iggy solo, one of the greatest rock acts of our time. also, from the great state of michigan, which has brought us Grand Funk, Bob Seger, Kid Rock, the MC5 and other awesome rock acts.

one more version, live in serbia 2004, also good, but not as good as the other two;

enjoy.

the original track from 1969 without video is here;

stripped down like this, it doesn’t sound the same–but as a live track it has had a lot of power over the years. but it still packs power as a studo track. this stooges album is considered a classic.
i find it interesting that europe and especially eastern europe still listen to rock and roll, while american kids waste away on rap, pop and lord knows what. it sort of suggests that their youth are a bit more in tune with normality than ours…and europeans also like classical music as well much more than our people do. they’re far more likely to do a rock/classical/jazz split than americans, who will much more likely do a country/rap/pop split. I’m far more in the jazz/classical/rock camp, so i suppose i’m with the europeans.

III. BLACK DOG BY LED ZEPPELIN

“hey hey mama said the way you move….
GONNA MAKE YOU SWEAT
GONNA MAKE YOU GROOVE….”

“didn’t take too long, till i found out, what people mean, by down and out”

an immortal rock tune, “black dog” by led zeppelin is on their immortal led zeppelin IV, the one with “stairway to heaven,” in fact, on the LP version, it opened the side which famously ended with “stairway to heaven”. this was the subject of a famous discussion in the movie “FAST TIMES AT RIDGEMONT HIGH” (1982), what the perfect record to seduce a woman to is, and the answer of course is, LED ZEPPELIN IV, SIDE ONE, beginning with BLACK DOG and ending with STAIRWAY TO HEAVEN.

For obvious reasons, BLACK DOG would make a great tune to play when michael vick is on the field. especially with a rocking led zepp video. even if it’s true that jimmy page sold his soul to the devil….

VIDEO ONE

plays the song with all the lyrics, pretty cool.

live 1973:

this is what 70s arena rock was all about. just about every guy back in the 1970s tried to have the robert plant look for a while. inevitably, it still comes around. chicks dig long hair.

i can’t get over Jimmy Page’s outfit in this clip.

john bonham in this clip is the actual model for the four guys in This is Spinal Tap (1984). Eleven, one louder.

this is one of the classic songs of the 1970s. it’s really a blues tune speeded up to arena rock sound, but it’s still blues rock, and played very well. it’s a great tune. well worth reviving as an eagles fight song for michael vick.

IV. BLACK EYED DOG – NICK DRAKE

this is an obscure one–not even well known by nick drake standards, and not one of nick drake’s best tunes, but still out there.

here’s a link to it;

it’s really more of an outtake than a finished tune, it doesn’t have any of the joe boyd orchestration that characterizes the best tracks off Bryter Later, nor is it as melodic as the best stuff off of Five Leaves Left or Pink Moon, which are the three official and only Nick Drake releases to come out while he was recording. It is in fact, an outtake included in “Time of No Reply,” which is an album of outtakes and alternate takes released posthumously, and which was included in the Fruit Tree compilation.

While this is an interesting “dog” track, i don’t think it’s a good song for a football crowd. I do recommend it to everyone though as a good example of a demo of a song by a brilliant songwriter; and being that it’s an obscure Nick Drake song, an excellent choice for a cover by your band seeking a record deal.

Speaking of Nick Drake, his producer JOE BOYD is one of the most intriguing figures in music history. A harvard grad and producer of most of the top bands of the 60s, 70s, 80s, 90s and up to the present day, JOE BOYD is one of the key figures of music history, as well as the custodian of the NICK DRAKE legacy.

here’s his wikipedia bio, which only scratches the surface of this remarkable man’s career;

http://en.wikipedia.org/wiki/Joe_Boyd

makes for interesting reading, with great linkouts.

V. WALKING THE DOG BY RUFUS THOMAS 1965

this is an alltime classic, and you can dance to it.

This video linkout is vintage 60s live video feed, A++. with the stax/volt band behind him.

the blues brothers live with rufus thomas walking the dog:

this is from 1988, but amazingly, it’s the same band as from 1965! check it out…you’ll see what i mean….First Blues Brothers Band reunion tour Live in Pistoia (Italy) 1988 Steve Cropper-Guitar Donald Dunn-Bass Matt Murphy-Guitar Booker T Jones-Keyboards Anton Fig-Drums Lou Marini-Sax Alan Rubin-Trump. same guys playing on the 1965 vid for the most part.

VI HONORABLE MENTION

ME AND YOU AND A DOG NAMED BOO – Lobo
BULLDOG – Ventures
HOUND DOG MAN – Fabian
SNOOPY AND THE RED BARON – Royal Guardsmen
ANYTHING BY SNOOP DOOG
DIAMOND DOGS david bowie

Black Dog lyrics:

Hey, hey, mama, said the way you move
Gonna make you sweat, gonna make you groove.
Oh, oh, child, way you shake that thing
Gonna make you burn, gonna make you sting.
Hey, hey, baby, when you walk that way
Watch your honey drip, cant keep away.

*ah yeah, ah yeah, ah, ah, ah., ah yeah, ah yeah, ah, ah, ah.

I gotta roll, cant stand still,
Got a flame in my heart, cant get my fill,
Eyes that shine burning red,
Dreams of you all thru my head.
Ah ah ah ah ah ah ah ah ah ah ah ah ah.

Hey, baby, oh, baby, pretty baby,
Tell me what you do me now.
(repeat)

Didnt take too long fore I found out
What people mean my down and out.
Spent my money, took my car,
Started tellin her friends she wants to be a star.
I dont know but I been told
A big legged woman aint got no soul.

* chorus

All I ask for when I pray,
Steady rollin woman gonna come my way.
Need a woman gonna hold my hand
And tell me no lies, make me a happy man.

VII. Editorial and disquisition on Michael Vick

First of all, according to the Bible and the major religions, God gave Man dominion over the earth and all its living creatures. That pretty much means that man has substantial rights to do what he will with bears, dogs and cats, especially dogs that have been bred for, and exist because of, dogfighting. In short, the metaphysical existence of dogfighting breeds, and hence any of their metaphysical and ethical rights, are dependent upon, and exist by virtue of, their participation in and breeding for, dogfighting.

within of course, the law.

The same arguments of course apply to poodles, thoroughbred horses, cattle and many other animals which man has bred for man’s own needs and enjoyment. 99% of the rats which exist in laboratories today were bred and brought into metaphysical existence, in a word, instantiated, for the simple purpose of being experimented upon in a laboratory. Their rights and ethical/juridical existences are sub-dependent upon their instantive and metaphysical existence as being created to be lab rats.

In short, about 90% of all dogs, cats, cattle and other animals bred and brought into existence by man exist in a sort of BRAVE NEW WORLD existence, where they are actually genetically bred to serve a purpose, like the alphas, betas, and so forth of Aldous Huxley’s famous work.

As such, I can’t get morally excited or revolted about the fact that Michael Vick or his friends engaged in dogfighting with dogs bred to do dogfighting. After all, it’s what the dogs were bred to do, and in China, people eat dogs.

still, there are technical legal violations, but morally, i can equate it to ray lewis killing a man, or michael tyson raping a girl, or kobe bryant raping a girl, or oj simpson killing two people at once. or even to dante stallworth killing someone while driving drunk.

the life and dignity of a person has to be more valuable than the life and dignity of an animal. if that’s not true, our ethical and legal and moral systems are skewed.

In America, we have something like 100 million dogs and cats, and by all reasonably rational accounts, they are better fed and better cared for in terms of food, medical care and housing, than the bottom 100 million of our own population.

Animals have a powerful lobby; the poor do not. Mistreatment of animals usually draws a powerful response and a jail sentence; mistreatment of the poor usually draws a yawn. If a single dog or cat is hurt, the police cannot wait to find the rascal; but five hundred to a thousand poor African American victims of homicide die in our cities each year without any of those cases being solved.

There are no dogs or cats, to my knowledge, that have to sell their bodies for sexual pleasure in order to eat or obtain drugs or housing; yet we have tens if not hundreds of thousands of young women of all colors, races and cultures prostituting themselves on the streets of our cities in order to feed their drug habits, keep themselves fed, clothed and sheltered. The police and authorities don’t care about these women, but the animal lobbies care plenty about those dogs and cats.

Every year in the NFL, NBA and other leagues, you hear of players having illegitimate children, beating their wives, girlfriends, abusing their spouses, girlfriends, and in many cases, being accused of rape, most notably in the case of Kobe Bryant.

Let’s compare Kobe Bryant for a moment to Michael Vick. Kobe Bryant raped a woman (allegedly) in a Colorado hotel room. Michael Vick’s friends ran a dog fighting ring.

Yet, who went to jail and was prosecuted? Michael Vick or Kobe Bryant. I don’t have to tell you the answer. It was Michael Vick.

And you know the reason—because dogs are treated better in this country than women, and especially women who are the victims of abuse, rape and violence against women.

Dogs have a lobby, dogs provoke popular outrage, and dogs get police protection.

But abused women get nothing, except perhaps “she lied” or “her testimony is questionable” or “she’s of questionable moral character”.

In philosophical academic and legal circles today, there is a growing and popular movement centering on “animal rights”—the notion that animals are sentient beings entitled to the full panoply of civil and social rights that humans enjoy. There’s really well-read people at Ivy League universities making those arguments, which probably proves that they’re bs deconstruction communist arguments intended to undermine capitalism (e.g. if we give all animals rights, the capitalist superstructure will collapse of its own weight).

in fact, i even hear rumors from dc that a major figure appointed to the obama administration faces problems being confirmed–because he once wrote an article critical of animal rights.

the republican party is attempting to stop his nomination by claiming the man in question is a dog hater.

never mind that the guy is on his third wife and never sees his kids–those aren’t issues at all. what’s important is how he treats his dogs, not how he treats his wives.

are you kidding me? how have we gone in this country to judging a man by how he treats his pets, rather than by whether he can stay in a marriage or not?

Notwithstanding the commonsense fact that these are collectively the most ridiculous theories ever conceived by professors in the history of academia, this animal rights movement is actually gaining a lot of steam, which goes to show that any stupid gropundless theory can gain traction, as was the case for year with marxism.

Then again, a great many European lawyers in the 15th, 16th and 17th centuries made a terrific living specializing in criminal defense of women accused of witchcraft. Pretty much everyone in Europe in that time was unanimous in the believe that around 25% of all women were witches or possessed by demons. That belief even crawled over, famously, to Salem Massachusetts for a while in the 1690s (see “The Crucible”).

Meanwhile, the womans’ rights movement to pass an Equal Rights Amendment and to obtain relief from violence against women continues to go nowhere. Maybe people still think many women are witches still, while cats and dogs can’t be possessed by evil spirits. (in fact, the New Testament flatly states that Jesus cast out an evil spirit from a human into an animal, more than once, I believe, so this is not true).

In fact, soon gay lesbian transgendered persons, along with cats and dogs, may all soon enjoy more constitutional and legal protections than women. Ted Olson, Esq., a prominent conservative republican attorney, is working with others to overturn the defense of marriage act signed into law by president bill clinton in 1996. they want federal courts to overturn the prop 8 process and issue a federal constitutional ruling.

so much for democracy, i suppose.

I’m not opposed to these other groups enjoying protections, but shouldn’t we fully address the equality of women before the law before we tackle the issues of other groups? Isn’t this fair and just? Obama has been strangely silent on women’s rights after being nominated over Hilary despite having fewer votes and fewer large states won than Hilary (he won due to technicalities in the apportionment formulas in the Democratic party which favored the small states; under the 1988 and prior rules, Hilary would have been the clear winner of the nomination).

though he did say he wanted to overturn the defense of marriage act. he didn’t say anything about enacting the ERA or helping battered women, though. i supposed by the end of the day, african americans, gays, transgendered and lesbians will have more rights than women, along with dogs and cats.

Women are the mother of us all (and I only mention this because August 15th is the saint day of the Holy Virgin Mary in the Greek Orthodox Church) and therefore deserve our saintly attentions as well as our full legal constitutional and law enforcement protections, before we bestow a drop of attention on dogs or cats, or other allegedly disadvantaged groups, especially groups that don’t have to raise kids or shop for groceries or both work and change diapers and also take care of a husband and a kid or three.

Animals were used by the pagan Roman Empire to eat the Christians in the arenas during the many persecutions of Christians before St. Constantine made Christianity the state religion @ 330 A.D. and moved the capital of the Roman Empire from Rome to Constantinople (where it remains to the present day). maybe its just for us to get back a little at animals for eating us.

Hercules had to slay a lion to prove he was a god. Samson had to kill a lion to prove he was the strongest of men. Killing animals in both greek myth and the bible was tantamount to sainthood and deification. In ancient times, you killed animals and sacrificed them to the gods, if you were an ancient greek, or to GOD, if you were in ancient Israel. How many sheep, goats, rams, etc. were sacrificed in the Old Testament to God? About a zillion, by my count.

Animals, in GOD’s view, were pretty much expendable. They didn’t have rights. Not only didn’t they have rights, but they were the COMMUNION of the ancient service. In the ancient service, there wasn’t just wine and a wafer (or wine and bread as we do it in the eastern Byzantine rite); no, what you got was a dead animal, which you put on the altar, and you BURNED IT FOR GOD along with prayers and incantations.

Imagine trying to do that today in modern America. They’d try and put you in jail for five years. Just for obeying the will of God.

I would argue that the juridical, moral and ethical status of animals has not changed in 12,000 years. We’ve killed more HUMANS in the 20th century than in all prior centuries; and there are more humans and animals alive in the 20th and 21st century than ever before; consequently, it stands to reason that while we might aspire to more ethical protections for humans, animals do not deserve any additional or heightened ethical protections.

Even assuming the status quo, animals, specifically dogs, are routinely mistreated everywhere in the United States. Not twenty minutes from Harvard University, my alma mater, there was a stop on the boston t called “Wonderland”, where they ran dog races back in the 1970s, and where I believe they continue to do so. Not horses, although horse racing is just as barbaric (how many horses have we seen break a leg and then be “sacrificed”), greyhound dogs are bred to run, chasing a mechanical rabbit along the inside of the track to exhaustion. These dogs, once they are done racing, do not make for good pets, and must often be put to sleep once they are done, unless they can be put to stud. Their lives are pretty awful; kept in bad kennels, fed poorly and kept poorly.

The conditions at Wonderland over the last thirty years, and Wonderland is a Massachussets sanctioned facility, would make the treatment of animals at the Michael Vick home seem wonderful.

I won’t even get into all the nutty dog and cat owners who have twenty or thirty cats or dogs. Or celebrity or politician dog or pet owners, who have four or five “rescue animals”, but don’t have the time to take care of them and hand them off to the maid or butler. I’m sure those dogs and cats are having a wonderful time full of love and attention.

In California, a lot of people don’t have kids but keep dogs and cats. In this wacky state, people are a little pathological about their pets, because they do the Freudian slip thing and sublimate, switching their displaced normal maternal/paternal instincts to the dog/cat pet from the child they were intended by biology and nature to have, so they actually commit the (1) sin and (2) error, of giving a humanity to their dog/cat pet(s).

It’s important to note that in God’s eyes, your dog or cat is NOT the same as your son or daughter. The bible commands you to GO FORTH AND MULTIPLY. It doesn’t say anything about being a shepherd and tending flock, except to describe lots of shepherds tending flocks. A person with pets is just a shepherd tending their flock.

Unless of course your pet happens to be the LAMB OF GOD, agnus dei.

But that’s a story for another day.

bottom line, i can’t get too worked up over michael vicks alleged acts of animal cruelty. while a little weird, they’re not exactly directed at people, and that’s the bottom line.

ART KYRIAZIS philly south jersey
home of the world champion phillies
posted august 22 2009

Continuing the post from previously published Avaritia bona est, published may 15, 2009 at http://pedrofeliz3b.wordpress.com/2009/05/15/avaritia-bona-est-%E2%80%93-the-new-philadelphia-soccer-franchise-tries-to-speak-latin%E2%80%94and-gets-it-wrong-of-course%E2%80%A6/, we’d to report several more disturbing items about the new soccer stadium and new soccer team;

1) the new soccer stadium is to be built over the direct line of philadelphia airport planes taking off and landing, in an area of almost impossible to bear decibel noise;

2) neither the team management nor the construction group responsible for the stadium has commented on the airport/airplane noise issue, nor has either of them joined the efforts of Delaware County Council legally to restrict the Philadelphia Airport’s growth plans which have resulted in the additional noise levels over Chester, PA; the noise levels being primarly the result of much lower flight paths in and out of the airport directly over chester, pa.

3) the stadium will be located in a crime-ridden area of chester pa which will result in danger to people attending the game, as well as to their cars; no one has stated what the security plans will be to deal with this. Special precautions such as those taken by the Liacouras Center both for the events and the parking will need to be taken by security in order to safeguard both persons attending and also automobiles parked for events, including gated and secured parking areas and constantly patrolling security guards. this will add substantially to the cost of the project.

4) the builders of the stadium promised to build a shopping center for chester, pa, which current currently has no (zero, none) grocery stores or supermarkets for food. this was a requirement of the grants and funding from the states and other sources of funding for the stadium. This issue has been quite publicized by local media, the builders have not even broken ground on the supermarket and now are seemingly trying to avoid building same.

5) the supermarket issue goes to the heart of the soccer stadium. it’s alleged this project will “revitalize chester,” yet the builders of the stadium won’t build the key component of the project, which is a supermarket where chester residents can buy their food. The supermarket was earmarked for development and construction by the various grants the builders received, but the builders used that money for the stadium alone instead. Local Chester politicians and activists are NOT happy about this situation.

6) these three additional issues are very relevant, and only scratch the surface of a project that is far from going right.

7) i want to point out, i strongly support soccer and the revitalization of chester, pa. but so far the signs are that we are not getting a grade A stadium, nor are we getting revitalization in chester.

8) this is no way to bring soccer to philly. this is a first class sports town. even the arena football team won the league championship. the town knows the difference between a fresh hoagie roll and one that’s a day old and a dollar short. they want quality!

9) i say, let the Philadelphia Union lease time and speace in the eagles’ stadium until the issues of the chester stadium are fully worked out completely and fully.

10) since i broke the story of “no j in latin” and debunked the slogan “jungite et perite” back in may of 2009, it’s significant that the Union has completely dropped the latin slogan from its team logo on facebook, http://www.facebook.com/philadelphiaunion, and on

11) to settle the issue of whether there is a “j” in latin, i suggest that we have a soccer match, 11 on 11, of 22 of the finest latin professors in the world, at halftime of the first or second Union game. the match will be between the “J” team and the “IU” team–the winner gets to write the grammar rule and the slogan–

“Jungite et Perite” if the Js win–or

“Iungite et Perite” if the IUs win.

Of course, the losers get an IOU.

–art kyriazis
philly/south jersey
home of the world champion phillies

Unfortunately, in light of recent domestic policy directions, I think the Dems have it all wrong.

Health care reform is an idea left over from 1991. The only reason the Dems want to push it through now is because they have the votes to pass the bills they didn’t get passed in the first session of the first term of the Clinton Presidency.

But is this a good reason to pass a law, because you proposed it before and you’ve been trying to pass it for so long?

Universal Health Care is an idea born of POST-DEPRESSION affluence–it’s a fringe benefit to be offered to a population that’s already employed, that already has a guaranteed vacation, a guaranteed pension, and has guaranteed housing. In short, guaranteed health care is the LAST welfare benefit that should be federalized.

In addition, and this is a revision from my original post, according to a recent article posted in a respected publication, the health uninsured are not universally distributed throughout the United States.

In point of fact, less than 3% of Massachusetts residents lack health insurance, thanks to the state law health care coverage efforts of people like Gov. Mike Dukakis and his successors in office. The fact that Massachusetts has nearly universal health care coverage proves that this is a STATE problem and not a FEDERAL problem.

Looking more nationally, the Midwest and Northeast have fewer than ten per cent uninsured as to health care.

It is the South and the West that have 15-25% health uninsured rates; the highest being the state of Texas.

You don’t have to be a statistics major to know that Texas also is a non-union state, has a large number of illegal immigrant resident aliens, and that these conditions are pretty much true throughout the Sunbelt, where the problem of lack of health care coverage is an issue of non-union shops and illegal immigrants competing for jobs, which drives down the employers’ incentives to provide health care benefits.

Consequently, why is this a federal problem? This seems instead to be either an immigration problem, a union/labor law problem, or a combination of the two (as Janis Joplin and Big Brother used to sing). (She was from Texas, by the way, before she got out the San Francisco).

Moreover, if Texas wants to solve their own problems, why not let them experiment? They’ve already reformed tort law to make it much harder to sue MDs–welcome relief to the medical profession, which has flocked in droves to practice in Texas, now considered a medical mecca.

Obama wants to ruin all this. His health care proposal, according to reports, would result in a massive transfer of wealth from the largely democratic and already overtaxed midwest and northeast, and transfer it to the sunbelt states, the south and west, in order to mainly put on federal health coverage, non-union workers who are scabs (union busters) and illegal immigrants (also scabs and union busters).

Do we really want to spend our tax dollars paying for health benefits for strikebreaking scabs and unionbusting immigrant labor? And for illegal aliens to get health care?

Also, additionally, Obama’s health proposal will cause deep cuts in the current level of medicaid, medicare and drugs provided to the elderly under medicare.

In short, the proposal will triage the old and deprive them of expensive end of life care, and let them die more quickly, in order to provide basic health care to young, healthy labor that is non-union, largely hispanic, and living in the sunbelt.

The demographic implications of this over the long run will be a much younger, more hispanic united States, even more concentrated in the sunbelt than it already is, and will likely lead eventually to a bilingual nation that speaks Spanish and English, as well as to the ultimate downfall of unions, since one of the major arguments for unions is that they provide their members with health care and pension benefits during job and contract negotiations.

If unions are deprived of health care as a benefit to negotiate for, fewer workers will opt into unions. Obama and the democrats, paradoxically, are going to drive the death nail into the coffin of the union movement in this country. They haven’t thought through clearly the implications of what they are doing.

In short, this is a regional problem, and a union/immigration problem, and not a national problem. National mandates for the states would probably fix this, along with a public/private partnership with some insurance companies that could work with some of the southern and western states.

Part II

The REAL problem today is not health care at all.

The real problem today is that people don’t have jobs and they’re losing their houses. We have lawyers, bankers, traders who have blown up, car companies laying off, people all over America losing good jobs. Everywhere you go in this country, houses are for sale or being sold off by the sheriff.

I’ve never seen so many homes for sale in my own neighborhood. Twenty-Two years i’ve lived here, and three houses were a lot to be for sale here; now we have 25 and none are selling. There is a glut on the market where two years ago there was a boom in the market. The bottom has fallen out of the real estate market and no end of the downward spiral is in sight.

People’s equity in their homes, the main source of wealth for most Americans, has vanished, and the federal government has done NOTHING about it.

Except, of course, to bail out the rich fat cat bankers, and appoint a salary czar to oversee their million bazillion dollar bonuses.

Is this for real? Federally funded trickle down? If Reagan had done this, there would have been riots in the streets.

What we need precisely is a sort of FDIC, but instead of guaranteeing your banking deposits against banking failure, you would be guaranteed your home’s equity value, an FDIC for home equity, that will guarantee up to $1,000,000 of value in your home’s equity value against falling home prices, that is either automatic through fannie mae or freddie mac, or that you can purchase as insurance, for a small sum of money.

Now isn’t THAT a SENSIBLE idea?

Second, everyone with negative home equity should be forgiven their loans in excess of 80% of their debt loads immediately, and the banks commanded to write that debt off immediately.

Third, anyone who files for bankruptcy should be able to modify his or her mortgage under sections 1322 of the Code or anywhere else as pertinent, or under a Chapter 11 Plan, and cram it down the bank’s throat against their wishes if the bank’s loan exceed’s 80% of the value of the home and there is a negative equity spiral, the debtor should be able to eliminate all but 80% of the loan.

My point is, what good is free health care if you have no job and no house? It’s like serving gelato to a man who is homeless and has no money and hasn’t eaten in days–health care is like dessert.

Back in the 90s, when everyone had a job, it was ok to talk about health care–it was the LAST thing we needed. But now we’re back to square one–we need to talk about guaranteeing incomes, jobs and housing. We’re back to FDR and Truman and LBJ.

This administration just doesn’t get it.

Paradoxically, I think the right Republican approach might get it and win back the white house if it’s sufficiently populist in nature and goes after the big banks, which the democrats appear to be, pardon the expression, in bed with.

The Democrats need to examine an NRA-style national Jobs Program that will put everyone in the United States to work. Second, the Draft needs to be re-instituted. Kids that are in the army will be employed. Third, we need to nationalize the universities and make education free of charge. Fourth, we need to nationalize the cable companies and make the internet free of charge to the poor and to the rich equally, as well as making basic cable tv a free resource to everyone.

Fifth, for anyone that’s not employed, a Guranteed Annual Income or GAI must be mandated and paid by the Government, along with a negative income tax to avoid work related disincentives. The welfare reform measures of the Clinton era will have to be undone for the time being, because right now, middle class families are starving and in danger of homelessness, and THEY need welfare. The program needs to be federal, and the income level to be guaranteed needs to be large, around $15,000-20,000 annually, and adjusted for children and circumstances.

Sixth, the government has to embark on a massive program of propping up the housing market, investing in public housing, investing in Section 8, expanding the HUD budget, and so forth.

Seventh, we need to start investing in having one spouse stay home and take care of the kids. I know this is controversial, but two wage earners has destroyed many marriages and the american way of life.

Eighth, we need to reform the real estate brokerage business so that commissions from family homes are much less than for commission from commercial real estate. Instead of six points, let brokers earn only one point. This way, brokers won’t churn real estate and people won’t use their homes as profit tools.

Ninth, reform the tax code so that people have to pay MORE income tax on the sale of their primary homes, e.g. remove the exemption entirely, unless they stay in them a minimum of five years, unless they have to move for cause, such as a job-related transfer to another city, or medical reasons. This would stop people from buying and selling homes constantly and churning the market.

Tenth, more closely regulate lenders, brokers and sellers of real estate. Let people buy and sell and profiteer on second homes, commercial real estate and so forth, but those parcels will be taxed, etc.

I think this is the approach we need.

This is what the democrats are ignoring.

They’re going to raise taxes and bring down the house as it were on average joe while they raise up false idols like the bankers.

We badly need a new prophet in the land, and i’m not talking about Rush Limbaugh here.

–art kyriazis, philly/south jersey
home of the world champion philliesght

Just in the event some of you think I’m just a cranky odd fellow, my former economics professor from Harvard University, and the former professor of Lawrence Summers, Jim Poterba, Steve Kaplan, Tim Geithner and just about any other famous economist of this generation who teaches economics or has worked at the National Bureau of Economic Research, Prof. Martin Feldstein, former economic adviser to Pres. Ronald Reagan (Larry Summers worked under Feldstein for Reagan as is well known)–

at any rate, Feldstein one day after I published my blog saying cap and trade would destroy the effect of the stimulus package, has written an elegant op-ed piece in the Wall Street Journal arguing that CAP AND TRADE WILL DESTROY THE POSITIVE EFFECTS OF THE STIMULUS PACKAGE and furthermore THE NEGATIVE EFFECTS OF CAP AND TRADE WILL FALL MOST HEAVILY ON THE POOR AND ON THE WORKING CLASS, BECAUSE THEY SPEND A MUCH LARGER PERCENTAGE OF THEIR INCOME ON CARBON-BASED EMISSIONS RELATED EXPENDITURES.

Prof. Feldstein makes an elegant argument–he points out that the rich spend less than five per cent of their income on energy-related costs, while poor, middle income and upper middle income folks, in order to run their cars, heat their houses and so forth, spend as much as 25-40% of their incomes on carbon-related expenses, depending on where they live, e.g. people living in the northeast and midwest pay even more since they have to heat their houses in winter and air condition in summer, etc.

He more fundamentally argues that cap and trade will destroy the stimulus effect of the stimulus package, just as surely as did Roosevelt’s tax raises in 1935 and 1937, and Japan’s tax hikes in 1997.

Here’s the link to the article:

http://online.wsj.com/article/SB124217336075913063.html#

And here’s the actual editorial:

* OPINION
* MAY 14, 2009

Tax Increases Could Kill the Recovery
The cap-and trade levy would hit low-income earners especially hard.

By MARTIN FELDSTEIN

The barrage of tax increases proposed in President Barack Obama’s budget could, if enacted by Congress, kill any chance of an early and sustained recovery.

[Commentary] Martin Kozlowski

Historians and economists who’ve studied the 1930s conclude that the tax increases passed during that decade derailed the recovery and slowed the decline in unemployment. That was true of the 1935 tax on corporate earnings and of the 1937 introduction of the payroll tax. Japan did the same destructive thing by raising its value-added tax rate in 1997.

The current outlook for an economic recovery remains precarious. Although the stimulus package will give a temporary boost to growth in the current quarter, it will not be enough to offset the combined effect of lower consumer spending, the decline in residential construction, the weakness of exports, the limited availability of bank credit and the downward spiral of house prices. A sustained economic upturn is far from a sure thing. This is no time for tax increases that will reduce spending by households and businesses.

Even if the proposed tax increases are not scheduled to take effect until 2011, households will recognize the permanent reduction in their future incomes and will reduce current spending accordingly. Higher future tax rates on capital gains and dividends will depress share prices immediately and the resulting fall in wealth will cut consumer spending further. Lower share prices will also raise the cost of equity capital, depressing business investment in plant and equipment.

The Obama budget calls for tax increases of more than $1.1 trillion over the next decade. Official budget calculations disguise the resulting fiscal drag by treating Mr. Obama’s proposal to cancel the 2011 income tax increases for taxpayers with incomes below $250,000 as if they are real tax cuts. The plan to modify the Alternative Minimum Tax to avoid increases for some taxpayers is also treated as a tax cut.

But those are false tax cuts in which no one’s tax bill actually declines. In contrast, the proposed tax increases are very real. And despite the proposed tax increases, the government’s new spending and transfer programs would cause the annual budget deficit in 2019 to exceed $1 trillion, or 5.7% of GDP.

Mr. Obama’s biggest proposed tax increase is the cap-and-trade system of requiring businesses to buy carbon dioxide emission permits. The nonpartisan Congressional Budget Office (CBO) estimates that the proposed permit auctions would raise about $80 billion a year and that these extra taxes would be passed along in higher prices to consumers. Anyone who drives a car, uses public transportation, consumes electricity or buys any product that involves creating CO2 in its production would face higher prices.

CBO Director Douglas Elmendorf testified before the Senate Finance Committee on May 7 that the cap-and-trade price increases resulting from a 15% cut in CO2 emissions would cost the average household roughly $1,600 a year, ranging from $700 in the lowest-income quintile to $2,200 in the highest-income quintile. Since the amount of cap-and-trade tax rises with income, the cap-and-trade tax has the same kind of adverse work incentives as the income tax. And since the purpose of the cap-and-trade plan is to discourage the consumption of CO2-intensive products, energy or means of transportation by raising their cost to consumers, the consumer-price increases would be the same for a 15% reduction in C02 even if the government decides to give away some of the CO2 emissions permits.

But while the cap-and-trade tax rises with income, the relative burden is greatest for low-income households. According to the CBO, households in the lowest-income quintile spend more than 20% of their income on energy intensive items (primarily fuels and electricity), while those in the highest-income quintile spend less than 5% on those products.

The CBO warns that the estimate of an $80 billion-a-year tax increase could be significantly higher or lower, depending on how the program is designed. The Waxman-Markey bill currently before Congress calls for reducing greenhouse gasses 20% by 2020 and by an incredible 83% by 2050. As the government reduces the amount of CO2 that is allowed, the price of the CO2 permits would rise and the pass-through to consumer prices would also increase.

The next-largest tax increase — with a projected rise in revenue of more than $300 billion between 2011 and 2019 — comes from increasing the tax rates on the very small number of taxpayers with incomes over $250,000. Because this revenue estimate doesn’t take into account the extent to which the higher marginal tax rates would cause those taxpayers to reduce their taxable incomes — by changing the way they are compensated, increasing deductible expenditures, or simply earning less — it overstates the resulting increase in revenue.

Since the projected revenue from this source is already designated to be used for Mr. Obama’s health plan, some other tax increases will be needed. Moreover, Mr. Obama’s budget characterizes the projected $634 billion outlay for health-care reform as just a down payment on the program. The budget notes that there would be “additional resources and new benefits to be determined with Congress.” Those additional resources would no doubt be even higher taxes.

The third major tax increase is the plan to raise $220 billion over the next nine years by changing the taxation of foreign-source income. While some extra revenue could no doubt come from ending the tax avoidance gimmicks that use dummy corporations in the Caribbean, most of the projected revenue comes from disallowing corporations to pay lower tax rates on their earnings in countries like Germany, Britain and Ireland. The purpose of the tax change is not just to raise revenue but also to shift overseas production by American firms back to the U.S. by reducing the tax advantage of earning profits abroad.

The administration is likely to be disappointed about its ability to achieve both goals. Bringing production back to be taxed at the higher U.S. tax rate would raise the cost of capital and make the products less competitive in global markets. American corporations would therefore have an incentive to sell their overseas subsidiaries to foreign firms. That would leave future profits overseas, denying the Treasury Department any claim on the resulting tax revenue. And new foreign owners would be more likely to use overseas suppliers than to rely on inputs from the U.S. The net result would be less revenue to the Treasury and fewer jobs in America.

It’s not too late for Mr. Obama to put these tax increases on hold. If he doesn’t, Congress should protect the recovery and the longer-term health of the U.S. economy by voting down this enormous round of higher taxes.

Mr. Feldstein, chairman of the Council of Economic Advisers under President Reagan, is a professor at Harvard and a member of The Wall Street Journal’s board of contributors.

(end of op-ed piece)

well, you have to admit, prof. Feldstein has stated the case far more elegantly than I did, but we both come to the precise same conclusion–

CAP AND TRADE IS A BAD IDEA THAT WILL KILL THE STIMULUS PACKAGE AND LEAD US BACK TO A RECESSION.

I think a logical corollary to what Prof. Feldstein is saying, is that my proposal, the one to make mass transit and AMTRAK rail travel, completely free to everyone, would substantially lessen the burden on the poor and the middle class of a carbon-based tax, in that everyone could stop spending money on their automobiles.

That would be half the problem. The other half would be heating and air-conditioning, and here again, I’ve proposed that the US organize a national TVA style superfederal project to complete go nuclear on electricity generation within the next ten years as an alternative to cap and trade taxes on electricity generation altogether.

I think a combination of these approaches would do away with the need for cap and trade–eliminate autos, put the grid on nukes, upgrade the grid, and spend a huge amount of federal money on upgrading the grid, building light rail and trolley everywhere, and stop spending money on roads and other wasteful spending.

After all, there used to be trolleys running from Santa Monica to Los Feliz through Hollywood; in Philly, the trolley used to run all the way from downtown philly to West Chester, PA until the 1950s, when they rolled up the track due to the automobile, in fact, you can’t count how many miles of trolley track idiotic city planners have rolled up or paved over in Philadelphia, while city planners in other cities are spending billions to lay down trolley and light rail track.

In cities like New York and Boston, you don’t need a car, and neither do you need a car in downtown Philadelphia or Washington DC.

We should be exploring making one or more cities car-free and making them into pilot projects for the future.

–art kyriazis, philly/south jersey
Home of the World Champion Phillies

Cap and Trade Is a very bad idea, right now.

First, a history lesson. President Clinton’s first term was a disaster, in large part, because he spent most of his first two years pursuing three very liberal ideas—gays in the military, universal health care, and a federal tax on BTU usage.

These three ideas were, at the time, in 1993-1995, so controversial, that they not only threatened to sink President Clinton after only one term, but resulted in 1994 in the largest shift in a mid-term election in the House of Representatives and the U.S. Senate in United States History.

The House lost more than fifty Democratic seats and went Republican for the first time in a long time; and the Senate also suffered huge democratic losses; all due to Newt Gingrich and the Contract with America, which was a direct and overwhelming refutation of Clinton’s liberal agenda.

Much the same thing happened in the first two years of Jimmy Carter’s term; Carter pardoned all of the draft-dodging Vietnam protesters hiding out in Canada, and virtually declared war on the CIA and all of the US military operations around the world, which led to terror operations and revolutions around the world intensifying, culminating in the Iranianian Revolution and the taking of the U.S. Embassy in Teheran and the holding of 52 U.S. hostages for over a year, a spectacle so embarassing to the United States, repeated night after night on national TV as it was, that virtually every Democrat in office lost his seat by 1980, and the Republicans and Ronald Reagan were swept into power, with a whole new agenda of re-arming America and restoring her lost prestige abroad.

Getting back to Clinton, the BTU Tax was an idea very similar to the current notion of Cap and Trade. Cap and Trade, like the BTU Tax, is essentially a tax on carbon usage. The idea is, if we tax carbon-based fossil fuels enough, and make them costly enough, it will force everyone, including consumers and energy companies, to seek non-carbon based alternatives.

There are three basic problems with cap and trade (actually, there are many more, but I will discuss three here) that make it a bad idea for now. First, we are in a recession that is actually more of a depression. Cap and Trade is a large TAX INCREASE that will suck spending power out of the hands of consumers. Consequently, it will kill the marginal propensity of consumer demand, and attack the very object of the Stimulus Bill.

I don’t have to be a doctor to know, that you don’t give a man a sleeping pill, just when you’ve given him a shot to wake him up, while he’s still groggy and coming around.

Right now, the American economy is like a man who can’t wake up. Cap and Trade would be like a sleeping pill to that man. The Stimulus Bill was like a cup of coffee or a shot of epinephrine—a stimulant to wake him.

Cap and Trade is like a sleeping pill that would suck away his vital energy.

Second, in order to invest in, and build, energy alternatives, there has to be a venture capital and investment banking, and regular banking systems, in place. Today, those systems are impaired, crippled or functioning at about half capacity. Consequently, Cap and Trade can’t work under today’s economic conditions. Consequently, no infrastructure would develop under Cap and Trade to produce renewable energy alternatives until the banking and lending systems come back on line.

All we’ll have is a tax that makes oil and gas and coal more expensive, but no alternatives will develop for many years yet, due to the impairments of the banking, VC and R & D systems.

Third, even if the banking, VC and R & D systems were perfect, there is no energy alternative that could come on line sooner than ten years from today to replace current oil, gas and coal based consumption.

Wind and solar currently provide less than 1% of current energy needs; energy needs keep GROWING at an exponential rate, if you include the third world, and none of the so-called renewable energy forms are anywhere close to being ready to assume more than a micro-share of the energy load, whether we’re talking about wind, solar, geothermal, capturing energy from ocean waves, and so forth.

It’s been fifty plus years since the hydrogen bomb, but no one has yet developed and sustained a fusion reaction that can last and power an energy generating plant. That technology seems as remote as the so-called “WARP” engines on the starship Enterprise on STAR TREK.

That leaves us with one, and only one realistic alternative, and that is nuclear power plants. They are tanned, rested and ready, and the newest generation of nukes have much higher capacity factors and higher safety factors than ever before.

The problem with nukes is, you still need about two billion dollars to build a single plant, about 3-4 years to get the necessary permits to build a plant in the U.S. and another 3-4 years to build the plant and get it on line.

That’s 6-8 years and two billion dollars to get each plant on line, and most of the two billion dollars will have to be absorbed by the consumer in electricity costs. Let’s figure that we build fifty of those plants—that’s a hundred billion dollars in construction costs alone that have to be absorbed back again by means of utility bills to the consumer over the next ten-twenty years. That’s on top of the cap and trade tax costs.

In short, it’s a very expensive proposition to jettison oil, gas and coal.

It’s too bad that the United States didn’t commit to a nukes policy back in 1955, when nuclear power was cheap and we could have covered the US with nuclear power plants for a fraction of the cost of today.

If we had committed to such a policy then, we could have been completely independent of Middle Eastern Oil as of 1970.

Even as late as 1975, we still could have committed to nukes for a fraction of today’s costs, and been independent of Middle Eastern Oil by the 1990s.

However, the wacky left and particularly eco-wacky californians, continuously opposed nuclear power in this country for decades. Nuclear power could have given us full independence from the Middle East a long, long time ago, and spared us these last two wars in Iraq and Kuwait.

The problems we face today are a consequence of our leaders living life as if we can’t shape the future. But we can and must shape the future.

The future is not shaped by dice rolling or by random events. The future is shaped by decisions we make and by policies we need to hew to in order to shape the probabilities and likelihoods of the future outcomes to be.

A responsible United States Government would have made us one hundred percent reliant on nuclear energy for our power production as soon as humanly possible, once we unlocked the secrets of the atom, back in the 1950s.

Our failures to do so may have been the result of many causes, and I won’t speculate here on the role of the oil and gas companies, the so-called, Seven Sisters, and their multinational interests linked to Middle Eastern oil producing states, but clearly nuclear energy would have a lot cheaper over the last sixty years than two wars fought directly by the US in the Middle East, and five wars fought by proxy between Israel and the oil-producing states.

Had we eliminated oil dependence early by committing to the atom, we would have changed history decisively and for the better.

Cap and Trade is not the answer.

A federally-sponsored program of accelerated conversion to Nuclear Powered electric generation, followed by a fifty to one hundred year phase in of solar, wind and fusion power, is the answer.

All electric companies should be abolished in favor of one company modeled and based on the Tennessee Valley Authority, that will erect Nukes until the United States is 100% nuclear based electric power, and zero percent coal or oil.

Combing this with a program of converting all cars to electric power would also solve another problem as well. This is clearly doable in the next five-ten years.

This is the kind of program that would involve spending money on a specific problem, creating jobs, and stimulating the economy. It’s better than cap and trade because it puts dollars into the economy instead of taking them out. Also, it federalizes the utilities, which do a horrible job.

Finally, the electric grid needs to be updated using superconductors and the latest electric technologies, including quantum conductors and new metals to conduct electricity. With superconductors, electricity can be sent from location to location without any loss of power or current. This would eliminate the need for transformers and high voltage lines, etc. Again, a vast federal program committed to upgrading the grid is needed.

These steps would be much better than cap and trade.

A final note about cars–Why do Obama and the Democrats want to prop up the car industry if they are truly worried about Global Warming? Cars contribute more than 50% of the hydrocarbon emissions in the US that contribute to global warming.

Instead of paying consumers a $4,000 tax credit to buy new cars with high gas mileage, wouldn’t it make more sense to get people to STOP DRIVING CARS AND TAKE MASS TRANSIT?

In short,

1) Let the U.S. Auto Industry DIE.

2) Put an enormous carbon tax on all car purchases. Make any new car cost around $50,000 to buy.

3) Apply that tax backwards to used cars as well.

4) Massively subsidize AMTRAK and all local mass transit across the nation, and let people ride the trains and Mass Transit free for the next five years. Yes, I said it, FREE OF CHARGE for the next five years. Why? To get them used to doing it. The massive federal stimulus bill to build rail, subway, light rail throughout the US would be in the TRILLIONS of dollars, as well as to subsidize AMTRAK everywhere so it’s FREE OF CHARGE. That would be a net STIMULUS to the economy and create the world’s finest light and heavy rail systems. We could also finally build HIGH SPEED RAIL SYSTEMS modeled on France, England and Japan to cover longer distances that could go 300-400 miles per hour, that could eliminate many shorter airplane routes, unclogging the skies of needless plane flight. This is a win, win, win plan. We get rid of filthy autos and planes and replace them with electric trains. And net net net create jobs.

5) Starting in 2014, you can slowly re-introduce fees again for Mass Transit and AMTRAK once we’ve started to eliminate all of the automobiles.

6) Start reclaiming the inner cities by closing roads and creating pedestrian zones and mass-transit zones, and creating more and more parks in which no cars can come into the city, until finally, all cities will have no cars or trucks at all.

7) The goal would be to eliminate cars and trucks by 2025, and convert everyone to mass transit and rail.

8) Electric cars only would be allowed eventually, powered by the nuclear grid. These would be cheap and affordable.

This is a far reaching and thoughtful plan. Abolish the internal combustion engine as we know it and force all americans out of their cars and onto trains, buses, subways and light rail.

This is the true path to ending global warming and reaching a green economy.

Art Kyriazis
Philly/South Jersey
Home of the World Champion Phillies
up

The Stimulus Bill

May 13, 2009

Was and Is a good idea.

The economy is in a major recession.

The current rate of interest based on prices overall is negative two percent (-2%) and some sectors of the economy are falling far faster than that (car prices and car sales, home prices and home sales, etc.). Home prices in particular are in a death spiral of approximately minus twenty percent annually (-20%). That fact is causing a lot of overly leveraged homeowners (and second homeowners) to rationally walk away from their mortgages as their falling home prices eradicate their equity and cause their loan payoff figures to exceed whatever they could rationally expect to recover on the market in a real estate sale; in many cases, the summary sheet would show a net balance owed to the mortgage company.

This, in turn, is killing the banks.

I needn’t point out at this stage that this particular deflationary spiral of home prices was also a key component of bank failures and economic depression during the Great Depression of 1929-1939 in the United States; so much so, that it was constantly referred to by many of my professors in many of my classes, in both undergrad and grad school.

In short, that was the CLASSIC example of deflationary spiral, falling real estate prices during the 1930s. That was also the focus of specific New Deal programs at the time of the 1930s.

Consequently, it’s fair to characterize the current economy as in a demand-starved recessionary/deflationary spiral that would probably respond best to Keynesian style medicine, that is to say, 1) fiscal policy targeted to drive the demand function back up, e.g. deficit spending on a large scale and 2) monetary policy targeted to counteract the negative interest spiral. And, also, specific programs to help homeowners fix their mortgages, which the administration has also wisely proposed, again copying the 1930s New Deal.

I’m not going to work out the econometrics here. Most people live their lives based on the notion that you can’t predict the future. Economists and market analysts aren’t like that, and neither is the government. The entire history of economics, and particularly econometrics, is grounded on probability and statistics, and more generally, logic and the theory of sets, as well as computer-based calculations and iterative theories of what can and cannot be calculated by a machine, e.g. a Turing Machine or computer, given certain data and an appropriate algorithm.

The fact is, we can see into the future, and if we do the appropriate policies, we can change the future. For more than seventy years now, countercyclical financial manipulations using fiscal and monetary policies at the macro- and micro- economic levels has been discussed in detail in many different academic and scholarly journals, all flowing from the theoretical framework of Keynes and Friedman, as well as the careful study of business cycles by the National Bureau of Economic Research at Harvard (“NBER”), where many prominent economists have labored in the academic vineyards.

The fact remains that just as we can shape our own futures by educating ourselves, working hard, showing up on time and having the right friends, we can obviously shape the economic future of the land by taking appropriate economic actions.

This is not like the fall of the market, which is stochastic, governed by a random walk, and essentially would have to happen at some point. If you’re not sure about this, look up the Gambler’s Ruin problem on Google or in one of your old textbooks. If you gamble long enough for large enough sums, eventually there’s the chance that you will lose everything. The market is no exception to the problem of the Gambler’s Ruin and the random walk that crosses the point of no returns.

However, even in the case of the ruin of the market, countercyclical fiscal and monetary policies could have cushioned the fall much better and more wisely, had the last administration not been so committed to laissez faire policies reminiscent of the 1920s.

Instead of pumping up the boom, the government should have acted to mute it, so that when the crash came, it was not so violent or abrupt.

A tax increase during the boom would have been wise, especially a surtax to finance the war in Iraq, and to suck some wind out of the sails of the almost inflationary boom during 2005-2007.

That would have been wise, but the last administration chose not to do it for political reasons, and because they were married to a laissez-faire doctrine of not taxing under any circumstances.

This was an ill-considered doctrine, because countercyclical management of the economy requires taxation as part of reasonable fiscal and monetary management of the business cycle.

What is even more ill-considered is that the Republican Party continues to advocate this same laissez-faire approach now in opposition to the stimulus bill, when it is obvious that government action is required.

Turning to the current stimulus bill, the Republican right wing response of opposing the stimulus bill, and instead continuing to advocate smaller government and laissez-faire is not only wrong, but historically wrong, since it just repeats the criticisms of the New Deal made in the 1930s by the Republican party, which history shows us were wrong.

The New Deal was right, Glass-Steagall and securities regulation were right, and government interventionism as well as vast government spending to pull us out of the Depression were the correct government policies.

Moreover, the last administration bloated the government with cronyism and friendly contracts to private contractors, both in the Iraqi war sector and in Homeland Security, hardly shrinking the government, and laissez-faire only meant no new taxes—the government was activist on a range of issues important to corporations, especially environmental issues.

Moreover, the value of the stimulus bill has been shown to be historically valuable by the New Deal, and also not only in the 1930s in the U.S., but in 1930s Germany, where vast rearmaments spending and central government spending pulled Germany out of the depression, but also in 1930s Italy, where central government spending ended the depression, and also in 1930s England and 1930s France, the same, and so forth. 1930s Japan also revived itself with Government spending on armaments.

Probability, econometrics and policy at some point merge into the ability to shape the future. One can debate about policies, their merits and demerits, but at some point one has to commit to one policy direction or another, and what is refreshing about the current administration is that they have committed to a certain policy direction. Their economic advisers are experienced and knowledgeable, and probably have worked out the future impact of these policies on Cray Supercomputers several times over by now. I hesitate to say this, but in all likelihood, the Government probably knows better in this case what to do than we do.

The past administration distinguished itself by twisting slowly, slowly in the wind while the economy disintegrated, sticking not to laissez-faire, but to a lot of deficit spending on the Iraq War which mainly went to government contractors with connections to the government in power. The same could be said for the enormously bloated Homeland Security budget contracts, which were exposed in part as fraudulent by incidents such as Hurricane Katrina.

There are many specific problems with the stimulus bill, but overall it’s the right direction.

Art Kyriazis
Philly/South Jersey
Home of the World Champion Phillies

I read with interest the following post by Prof. Pamela Karlan to Brian Leiter’s Law School Reports Blog at

http://leiterlawschool.typepad.com/leiter/2006/04/high_gpas_at_to.html:

April 19, 2006
High Undergraduate GPAs at Top Law Schools: What Do They Mean and What Are Their Consequences for Legal Education?

Pamela Karlan, a distinguished expert on voting rights and civil procedure at Stanford Law School, writes:

I read, with both interest and a fair amount of distress, the 75th percentile LSAT rankings. The distress came from seeing the staggering 75th percentile GPAs.

These could reflect at least three states of the world, two of them unfortunate. First, and most optimistically, the 40 schools on your list could all be admitting kids with amazing undergraduate academic achievements. (A 3.96 means, for example a student with 34A’s and 2 B+’s as an undergraduate; a 3.85 could mean half A’s and half A-’s.)

Second, the GPA’s could reflect rampant grade inflation at undergraduate institutions. Leave aside the abstract debate over whether the current generation of students is so much abler than its predecessors that good students should never see a grade below A- or B+. Most law schools have mandatory means or curves, and I’m aware of none where that mean is over around 3.4. (Even at the schools that don’t have official means, I would guess the actual mean is no higher than that.) Thus, virtually all law students will have lower, substantially lower, GPA’s in law school than they had in college. (E.g., at my own institution, 25% of the students had GPAs equivalent to what the number 1 student in the normal graduating class is likely to have.) This drop has a number of unfortunate consequences. Many of us are familiar with a huge demoralization effect the day first-semester grades come out and people who’ve been told all their lives that they are “A’s” at everything that’s measured hear for the first time that they’re “B’s.” They give up, and simply float through the remaining five semesters. Many have a self-protective defensive reaction: if the law doesn’t love them, then they distance themselves from it. In addition, at law schools where there are course-selection strategies that allow students to manipulate their GPA’s, students are then drawn not to taking what’s good or useful for them, but rather what’s most likely to boost their GPAs back toward the range they’ve internalized as normal. The high UGPAs mean that many of our students have never really learned to bounce back from academic disappointment (the “C” I got my first semester of college is one of the best things that ever happened to me) and like learning to ride a bicycle, it’s harder to learn that the older you get.

Third, to get those astronomical UGPA’s, students necessarily had to be either (a) extraordinary across the board for their entire undergraduate career (the student who bombs the first year of college because she wasn’t yet ready for the work or who was planning to be a physicist before he realized he didn’t have the mathematical ability can’t get one of these sky-high GPAs) or (b) strategic and risk-averse, taking only the kinds of courses in which they’d get A’s, from the time they were 17 or 18 years old. I’d bet it’s more the latter than the former. One of the things I always though the U.S. had over many other advanced countries was that we didn’t expect students to specialize in only what they were good at when they were still teenagers. But in order to get a 3.9 UGPA, students really can’t take things well outside their comparative advantages. Many of us see the consequences of this in what our students do: they’re passive and non-entrepreneurial in their job choices, going to large firms not because that practice particularly attracts them, but because it seems less “risky” right out of law school than going to smaller firms or government jobs. Many of them haven’t exercised their intellectual imaginations in years. Many are in fact not particularly well educated, since the science majors took few writing courses, the humanities people took perhaps one semester of economics and flee any quantitative subject, and the social and hard scientists know no American (let alone world) history at all.

Now, of course, we’re talking here only about the 75th percentile. Perhaps we could find the students who are comfortable with risk, entrepreneurial, academically and intellectually adventurous, and resilient among the other three-quarters of the class. But even the 25th percentile at top 20 schools have staggering UGPAs. And that sets the tone for the student body.

I’m not sure, as long as US News drives so much of the world, that there’s anything to be done. But it’s frustrating if what we’re trying to do is to train imaginative, entrepreneurial, courageous, resilient lawyers with broad perspectives that one of the central criteria for admitting students undermines our chances of doing that.

(end of Prof. Karlan’s comments).

Now I actually knew Pam growing up–she was one of a circle of debaters I knew who grew up debating in connecticut (she went to Hopkins Grammar School and then to Yale) and she’s enjoyed a great deal of success as a law school academic, although she’s way too liberal for my tastes (what law school academic isn’t liberal?).

On the plus side, I don’t think she’s a communist, but if she is, i’m not down with that at all.

My father fought those jerks in the greek civil war, and they were rat bastards, the communists. I can’t believe the democrats are actually meeting with castro in cuba right now.

Anyway, here were my comments in reply to her post:

An addendum to the comment above on grade inflation and test scores.

1) it is well-known that the ETS re-normed the SATS, LSATs, GREs and MCATs at least one standard deviation approximately sixteen years ago. Consequently, our generation of the 1970s and 1980s had a mean on the SAT and other standardized tests that was one standardized deviation higher than the current generation of students–our IQ in short, averaged around 100, while theirs literally averages 85. If you pin the bell curve tail on the donkey, that makes the top 1/2 % of the current generation dumber than the top five % of the previous generation.

So the students aren’t getting smarter, they’re getting dumber. That’s what renorming the test means.

I worked teaching all of the standardized tests for more than twenty years and wrote the pilot materials for the LSAT for Princeton Review in the early 1990s.

2) Grade inflation ain’t so except in the courses where professors are giving easy grades. At colleges that are conservative like Drexel, William and Mary, Hamilton, and so forth, grades are given out fairly and with rigor. It’s at some of the humanities departments that standards have fallen, and as certain classics and history professors have noted, along with scholarship–you can hardly find an actual greek, latin or byzantine professor today in a major ivy league university. When I visited Harvard, Prof. Finley was lecturing on Ancient Athens. Today, you’re more likely to hear some humanities teacher deconstructing gender based issues in some unknown text from last week, or worse still, deconstructing something from the internet.

3) TV, the internet, cellphones and laptops have definitively made current law students stupider. They don’t know how to write, they don’t know how to read books, and their research skills are shallow and poor. Most important, they lack the skill of memorization. I used to know where every single book was in certain law libraries, just as I knew where they were in huge undergrad libraries for years. That was a lot more useful skill than Boolean searches, which are not a thorough method of seeking out facts unless you already know the subject matter at hand.

4) Westlaw and Lexis led us to the horror that is Google.

5) Google is driving the book and newspaper out of existence, leading us to a famous Asimov short story of science fiction in which (in the near future) everyone forgets how to read and do math because computers do it for us–until a nuclear war destroys the machines and we become helpless, until one day a boy re-discovers how to do math by hand, and is proclaimed a genius.

This is the orwellian place we are all headed.

In addition to the foregoing comments, I would have also pointed out that Prof. Karlan’s basic point is wrong.

She assumes that students get high grades in college, and then come to Stanford Law and get lower grades because the competition is tougher.

This is actually ass backwards. I know Pam from when she was 18 and kicking back beers at college debate tournaments, so I know she likes to pontificate without factual basis from time to time, so here are some facts;

1) except for the top ten law schools, most law school applicants don’t have a 3.90 GPA or a very high LSAT. The vast majority of law students and lawyers are trained at 2d, 3d and 4th quartile schools as rated by US News and World Report rankings, or at local state law schools. Those students make up the vast majority of the bar.

2) students who go to Stanford, Yale, Harvard law schools only rarely practice law in the “real”world. They usually become law professors, judges, politicians etc. or work for rarified law firms. It’s unusual to see these folks work with actual clients or appear in actual courtrooms. Pam is a perfect example of this. She’s spent her life in the classroom, not in the real world.

3) Pam admits to getting a C or two at Yale, and I admit to that with Harvard. Because those schools were hard, back in the day. They were not easy, there was no grade inflation and the competition was brutal in most of the classes. Plus I was a premed on the side. So my GPA in college was nothing pretty, although it was definitely higher than a B average and i was recommended for honors, had a cum laude on my thesis and a summa on my general exam.

4) When I went to law school, after working a while, I thought it was MUCH EASIER than college. To be honest, I barely cracked a book open, worked forty hours a week at law firms collecting cold hard cash, and found the work at law school to be trivial. It was in law school that i got racks of As and only a couple of Bs. It was funny how many As I got. I won Am Jur Awards and Best Paper Awards (best grade in my class) every single semester I was in law school. It became like a joke how smart I was in law school, and yet, I really wasn’t working 1/8th as hard as I did in college.

Consequently, I don’t really know what Pam is talking about, not at all. My grades were disappointing to me in college but I worked my ass off to get them; but my grades in law school were terrific, and I hardly broke a sweat.

Next, as far as training law students to be imaginative, entrepreneurial or creative, I think that’s a deeply flawed and dangerous thing to do.

The last thing I as a businessman want my lawyer to be is creative, imaginative or entrepreneurial. I want my lawyer to be a lawyer, that is, an unimaginative little nebbish who grinds out papers and hands them to my enemy at 5pm on friday afternoon, or gets deals done by smiling and being at peace and harmony with everyone in the bar.

Creativity, imagination and entrepreneurship, I’m afraid, is reserved for the Schumpeterians of the world, that is to say, the guys at Business School, and that’s why Wharton has a Center for Entrepreneurship, and why I and my colleagues at various Business Schools teach Entrepreneurship, Innovation and Creativity at Business Schools around the North east directly, rather than teaching the stultifying subject of law. Law by its nature cannot be innovative, because it is precedential and must be followed to the letter of the law; whereas an inventor or entrepreneur is not bound by precedent and can be innovative.

I actually find Pam’s notion of what a good lawyer is to be incomprehensible. A good lawyer should be boring, ethical and should be able to repeat a statute from front to back thirty times in a row. Not creative, not innovative, not entrepreneurial, but efficient like a swiss army knife or a swiss watch. Efficiency and practice make for good lawyering. Also long hours spent learning how to write briefs exactly like everyone else writes them. The last thing you want to do in a brief is to introduce anything new, creative or innovative. Judges hate that. They just want you to follow the 8,000 appellate rules they’ve set forth for how to write the brief.

Good lawyers, then, are basically automatons. Clever and hard working automatons, but robots, essentially. In another century, they will in fact be replaced by AI possessing machines for many of their tasks, I predict. They’re already being outsourced to India for much of their robotic work such as document discovery, which was once thought to require intelligence and training. See my point?

Whereas good businessmen are creative, innovative and entrepreneurial.

5) A logic, rhetoric, oratory, philosophy background gets you through law school very easily; math and science make it trivial. All law problems are basically logic puzzles, and all law essays are basically debate/oratory speeches made in a philsophy manner of analyzing each question from both sides. This was perfectly normal to me. Undergrad teachers kept trying to make a marxist out of me, so they didn’t like my impartiality. Law professors loved it.

6) Law exams are graded without your name on the paper. No favoritism can creep into the grading. Undergrad is rife with favoritism and bias towards certain undergrads that the professors play favorites towards.

7) My friend NS who went to school with Pam at Yale thought Stanford Law was a joke after Yale undergrad; he thought it was a vacation. We used to get together frequently in Cali and hang out. He never seemed to work too hard.

8) My friend DB who went to harvard with me and then to Stanford Med thought Stanford Law was a joke after harvard undergrad and stanford med. He worked 40 hours at a top patent firm and saved all his money. Again, he had plenty of free time, he hardly worked at law school.

9) Law Schools should require all incoming students to study the following;

semester of logic, semster of intro to western philosophy
semester of oratory/rhetoric/speech
do two semesters of competitive speech/rhetoric/debate/parli
do two semesters of mock trial
spend a summer working at a law firm
spend a summer working at legal aid
spend a summer working for a judge
spend two years minimum working in business or somewhere between college and law school. The armed forces would be the best of all.
give preferential admission to army veterans, ROTC and reservists and end their anti-military culture.
sharply curtail the number of attorneys taking the bar nationally. End all state bars and apply one national bar, and only pass around 5,000 persons into it annually, and make them travel to one of three reginal centers nationally to take the exam, such as SF, CA, Chicago and New York, and only give the exam once a year.
Require proficiency in Spanish for ALL attorneys, since Spanish is required to speak to most clients on both coasts.

10) Science and business grad school were much more challenging and interesting than law school or undergrad. I would NEVER recommend to my own children to attend law school, maybe take a law class in business school, but not attend law school. The best combination out there today is the MD-MBA combined program, which I think is ideal in today’s economy.

These are some of the practical changes I would make to the legal eduction process.

I would probably close all but a handful of the existing law schools in the united states. Or, perhaps, people could obtain law degrees for reasons other than being a lawyer–for academic or scholarly purposes, as in europe, but not to be a lawyer or to make money. I’d convert a lot of the programs to MBA programs, actually.

we have way too many lawyers in this country and we need to reform the legal profession, reform tort law, and sharply regulate the profession before it drives all of the doctors, drug makers and other competent businessmen out of this country for good.

One final note, and this is about Pam’s constitutional law book, which she authored with Cass Sunstein, Mark & Rebecca Tushnet, Louis Seidman & Geoffrey Stone. This casebook has been ranked one out of five stars by nearly everyone who ranked it on Amazon dot com. I happen to be a fan of Pam, of Cass Sunstein (except for his dumping Martha Nussbaum, who I’m a bigger fan of, for that stupid Irish younger woman professor at Harvard who’s the big Obama fan) and I really am a big fan of Mark and Rebecca Tushnet–Rebecca was one of Harvard’s best debaters ever in the 1990s–and Mark is a very smart guy–but apparently brains doesn’t mean you can write a casebook as good as Larry Tribe’s.

Here’s a sample comment from Amazon dot com;

3 of 3 people found the following review helpful:
1.0 out of 5 stars Terrible Casebook, December 13, 2008
By kiki (Baltimore, MD) – See all my reviews
It’s a casebook, so it’s not supposed to be great reading, but this one is by far the worst casebook I’ve ever had. The only thing a casebook needs to do to achieve mediocrity is contain cases. This doesn’t, not really. It gives you the cliff’s notes of important cases. One sentence blurbs about others. And pages and pages of rambling, aimless, academic debate. It may be a good book for Con Law professors and others who have already read all of the cases discussed. For someone trying to learn con law, it is useless. It is also organized very poorly. Any class organized around this book is doomed from the start. If your professor uses this book, take another class. If you can’t take another class, buy the Chemerinsky treatise and rely on that instead. Professors: DO NOT USE THIS BOOK.

Constitutional Law (Casebook)

Constitutional Law (Casebook)

Buy from Amazon

the website address is above, if you want to check out the remarks and the book yourself. Perhaps there will be a revised edition. I realize that Pam writes and talks a lot. As I said, part of her strength, and her weakness, is that she talks and writes too much, and perhaps she spreads herself a little thin.

When I was a litigator, I litigated civil rights matters in the trenches, and won them. It’s not as hard as it seems. You need to have a firm grasp of the history of the United States from 1776 through about 1900 to understand the reconstruction and civil war era, in order to make some sense of what the 13th, 14th and 15th amendments mean.

I actually think Justice Scalia had some pertinent remarks on US v. Cruikshank in the recent gun rights case. He noted that the US Supreme Court in that 1874 case took the right of bearing arms away from african american militia men under the second amendment, because of white supremacist views which were going on at the time. the dispute was that armed militias of african americans and republicans were fighting ku klux klansmen in Mississippi and elsewhere in the south, and the african american plaintiffs claimed a second amendment right to bear arms as a militia.

The US Supreme Court said no, that’s only a federal right against the federal government, not against the states, ignoring incorporation under the 14th amendment.

Scalia basically says now that Cruikshank was wrong, and that african americans had the right to arm themselves as a militia in 1874 and defend themselves against the Klan in the 1870s.

I think that’s an interesting point of view. Of course, an armchair liberal like Karlan would never consider that Scalia would have anything interesting to say.

But here at the Sophist, we think there are two sides to every question.

–art kyriazis
philly/nj home of the world champion phillies

–art kyriazis

In an astonishing demonstration that the bad economy is driving people to do almost anything to keep their lifestyles afloat, the Philadelphia Daily News of Monday March 23, 2009 at pp. 8 & 28 reports an AP story by Karen Hawkins, “In Hard Times Sex Does the Trick: Porn, Adult Clubs doing well…and hiring”, in which it is stated that:

“The tough job market is prompting a growing number of women across the country to dance in strip clubs, appear in adult movies or pose for magazines like Hustler. Employers across the adult entertainment industry say they they’re seeing an influx of applications from women who…are attracted by the promise of flexible schedules and fast cash. Many have college degrees and held white-collar jobs until the economy soured. ‘You’re seeing a lot more beautiful women who are eligible to do so many other things,’ said Gus Poulos, general manager of New York City’s Sin City gentleman’s club.

According to the article, stripping dancers at a club like upscales Rick’s Cabaret in Miami or NYC can “make $100,000 to $300,000 a year in cash.” In Rhode Island, a club called “Foxy Lady” held a job fair to fill 35 positions, and was swamped with more than 150 job applicants, according to co-owner Tom Tsoumas.

To be fair, on the one hand, one supposes it’s great that women have the opportunity to earn this kind of money on the free market.

On the other hand, it seems kind of horrible that women would go from doing white collar jobs to stripping off their clothes for drunken strangers in a bar, or worse, to getting ravaged repeatedly by viagra-driven male pornstars in front of multiple cameras for megabucks just to maintain their cushy standard of living.

Is this what the dreadful recession of 2008-09 has wrought? Or are stripping and porn just respectable mainstream occupations nowadays, which is probably the more likely conclusion. For a long time, the left wing and the right wing used to be able to agree that porn was one thing they all hated, because the right wing fundamentalists were against it, and so were the left wing feminists and activists.

For all the brouhaha rained down upon them by the feminists, and I had friends who used to go on night raids to spray paint ads for penthouse in Manhattan back in the day, the adult entertainment sectors continue to be the fastest growing and most viable sectors of the internet economy and the real economy.

These industries have obliterated their moral and legal opposition in both the right and left wings, it would seem to me. Moreover, they are openly accepted in many other corners of the world, and I need not list the cities or countries in which this is true, notwithstanding AIDS and a host of other reasons to regulate such behaviors.

Nonetheless, I wouldn’t want my daughter to work in such an industry, and I’m certain you wouldn’t want yours to either. I think when you frame the question that way, you see what is essentially wrong with this industry. It’s come a long way from Hugh Hefner publishing elegant centerfolds of Marilyn Monroe back in the 1950s.

And of course, we have that infamous Supreme Court Justice, I can’t remember which one it was, who said of obscenity, “I know it when I see it.” That’s a classic line.

The Supreme Court used to watch every single minute of every single dirty movie that came before them before ruling. That was itself singular and odd. There was one justice who didn’t watch them because he thought they were all protected by the first amendment, but I can’t remember which one it was.

There’s an old rumour that a famous Philadelphia DA used to screen all the allegedly obscene movies down in the DA’s office back in the 60s and 70s for all the DAs, or maybe it was back in the 1950s. A lot of the people involved are now judges and bigshots, so no one wants the rumor repeated much anymore today, but it’s just an unsubstantiated rumor. But it’s a good one.

John Kennedy and Bobby Kennedy were each president of the “Smokers Club” at Harvard back in the 1930s. It’s listed on their freshman and senior yearbooks and facebooks. That could have been about smoking, but “smokers” also meant, back in the 1930s, illicit pornographic films. Given JFK’s and RFK’s collective predilections for women, it’s possible they were in charge of getting the “good films” for their classmates. Again, this is an unsubstantiated rumor, or subject to interpretation. You decide. JFK had a hot affair with the 40s filmstar Gene Tierney, around 1945-46 when he got out of the navy, so probably JFK didn’t need to study film to know what he was doing.

Anyway, to summarize, guess this is what they meant when they taught us about the kinked supply & demand curve back in freshman economics.

Art Kyriazis Philly/South Jersey
Home of the World Champion Phillies