The Madness Begins

March 15, 2010

I can’t believe Temple got the #5 seed while Nova got a #2. Georgetown played really well down the stretch, by the way. That was a great Big East final.

I took my boys to the penn-cornell ivy league championship game in november. that was fun, at franklin field. i still can’t believe penn won at harvard.

cornell won the ivy over harvard barely, but they have to play temple in the first round, and temple is very, very good this year, that’s a bad draw for cornell. temple almost never loses in the first round of the ncaa. coming out of the bracket, temple has uphill all the way, but texas might actually beat kentucky, although john calipari has to be the best coach on the planet, he used to torture temple when he was at umass, he drove john chaney crazy.

also, i like richmond to win their first round game, and then upset villanova in the 2d round. richmond has a really good team and nova never plays well in the tournament. jay wright is a horrible tournament coach. richmond gave temple all they could handle inthe a10 final and richmond beat temple in the regular season. richmond is a great team this year, much better than a #7 seed. that’s a 2-7 matchup that’s bad for nova.

i was watching spike lee on 30-30 on espn on that reggie miller thing and 3 points.

first, reggie miller has to be the most overrated player in NBA history.  he could only do one thing, the three point jumper, and that was it.  He did it well, but he couldn’t pass, penetrate, dunk, rebound, run, steal or do any of the other things that an NBA Hall of Fame guy does.

second, Patrick Ewing, for all his greatness, came up short in two of the biggest games of his life, game 7 against Hakeem in the NBA finals, and the NCAA title game against Villanova in 1985, of which this is the 25th anniversary of Nova upsetting Georgetown, or Patrick Ewing choking unbelievably, depending on how you look at it.  Based on how awful Ewing was in his NBA finals against Hakeem, i’d bet Nova could have beaten Georgetown in a 7 game series, and, in fact, Nova did handle Georgetown if not outright beat them pretty well that season in Big East play.

Third, Spike Lee claimed “New York is the cradle of basketball.”

Uh, Spike, New York is the cradle of incredible wealth and incredible poverty, a lot of models and caviar and restaurants, and some good hoops players, but PHILLY is the cradle of liberty and hoops, pal.

ALL the great hoops players (and jazz players) have been from philly, not NY.  Earl the Pearl Monroe, Wilt the Stilt Chamberlain, Rasheed Wallace, Tyreke Evans, Kobe Bryant, the list is endless.

John Coltrane is from Philly.  Dizzy Gillespie grew up here.  Lee Morgan was from Philly.  Philly Jo Jones.  Hank Mobley, McCoy Tyner, Archie Shepp, Byard Lancaster, Mickey Roker, Bill Harris, Calvin Massey.  Are You Kidding Me?????

Philly is like the Jazz/Hoops capital of the earth.  Doesn’t anyone remember Grover Washington Jr playing the national anthem at Sixers games? and he was like the WORST sax guy ever to come out of philly!  and he was great!  but hey, he was no JOHN COLTRANE soloing for hours on soprano sax!

Dr. J played here for TWELVE YEARS.  He played in New York for four years.  New Yorkers like to remember that it was longer, but hey, too bad.

We were at the Palestra the other week and there were no less than several HUNDRED NBA all stars who played their high school ball in philly pasted on the walls there.  Maybe a thousand.  Maybe more.  I couldn’t count them all.  That doesn’t count the guys who were kept out of the league for gambling, or who blew out their knees, or just didn’t have the grades to go to college.

It’s not even close–Philly v. NY in hoops is like PROS V JOES–NY being the JOES.

Oh, and by the way, Alex Rodriguez took steroids and needed an instant replay to win the world series last year.

And I didn’t see him tying Reggie “Reggie Bar” Jackson’ HR record of 5 dingers in a World Series like Chase Utley did–and Chase being about 1/2 the size of Reggie, by the way, who was enormously strong and had arms like a bricklayer.

Hey, the Yankees are great.  But Philly’s got the Hoops.  Even the guys at Sports Center know it’s Philly when it comes to Hoops.

And when was the last time a NY university made it into the NCAA exactly?

Columbia never gets in.  NYU doesn’t have a team.  St. Johns has fallen off dramatically.  Syracuse is way upstate.  CCNY had its glory days when the court was surrounded by caged wire fences.

In all the years, NY had exactly one great player–Kareem Abdul Jabbar, aka Lew Alcindor.  But he hates NY.  He changed his name, became a Muslim, and never goes back to NY.  He’s become such an LA/Cali guy, you’d never know he was a NY guy to begin with.

But i loved the guy in Enter the Dragon with Bruce Lee, doing kung fu and all.  Now that was awesome–way better than Wilt in that Conan movie.

–art k, philly

The late David Carradine was an amazing actor. Not only for the influential TV Series “Kung Fu”, which was the #1 TV series for several years in the early 1970s, and probably spawned more interest in the martial arts than almost any other single influence or other factor; but also for many other roles he played, such as playing Woody Guthrie in Hal Ashby’s minor classic “Bound for Glory”, which plays on TCM from time to time.

I had an acquaintance once here in Philly who was a lawyer, this was in the 90s, who had come here from LA, who had been Robert Altman’s personal attorney in LA during the 1970s. He told me some interesting stories about Bob Altman, David Carradine, Barbara Hershey and Altman’s son, who was the composer of the “MASH” theme, “Suicide is Painless.”

It seems that the Mash theme was so successful, that Altman’s son made far more money than his dad, and that he, Carradine and Hershey were inseparable during the 1970s, and they all lived more or less in Topanga Canyon in a commune like arrangement, living like hippies more or less, and getting into all kinds of trouble back in those days. My friends’ job back then was, from time to time, to bail out David Carradine, Barbara Hershey, and Bob Altman’s son, from jail, or get them out of whatever situation they were in, and then hush it up quietly and make it go away.

David Carradine lived a life of Riley. He slept with the lovely Barbara Hershey when she was young and beautiful, living as young and carefree LA hippies in the hills of LA in the free days of the 1970s, and they even had a love child out of wedlock.

In addition to Hershey, Carradine was married FIVE times and had children by most of those wives as well. He had a productive love life, to say the least.

Quentin Tarantino was brilliant to cast Carradine in the Kill Bill Vol I and Vol II series, and seeing Carradine playing the flute, barefoot, in black and white, as Kwai Chang Caine incarnate on the big screen in Kill Bill II was one of the most incredible screen moments I will ever remember. Sheer brilliance. And then to turn that character inside out into a monstrous killer from the peaceful shaolin monk that he was on TV in the 1970s–that was really something. A masterpiece of cinema homage to a wonderful TV show.

I don’t need to add that Carradine was fantastic in Kill Bill Vol 2.

Here again is a post I previously posted at http://pedrofeliz3b.wordpress.com/2008/12/01/the-sayings-of-kung-fu-the-first-season/

These are from the actual Kung Fu Show, carefully transcribed from episodes and scripts, and are the actual sayings of either Kwai Chang Caine or his Master.

Grasshopper, we will miss you…

The Sayings of Kung Fu, the First Season
By pedrofeliz3b

From the Crane, we learn grace and self-control.
The Snake teaches us suppleness and rhythmic endurance.
The Praying Mantis teaches us speed and patience.
And from the Tiger, we learn tenacity and power.
And from the Dragon, we learn to ride the wind.
All creatures, the low and the high, are one with nature.
If we have the wisdom to learn, all may teach us their virtues.
Is it good to seek the past? If a man dwells on the past, then he robs the present; but if a man ignores the past, he may rob the future. The seeds of our destiny are nurtured by the roots of our past.
When you can take the pebble from my hand, it will be time for you to leave.
You must walk the rice paper without leaving any marks. This will signify that you can walk without making any sounds.
The outer strength, the strength of the body, withers with age. The inner strength, the Chi, remains and grows stronger with age.
The right of vengeance belongs to no man.
A Shaolin priest can walk through walls.
A man cannot live his whole life in fear. To hide such feelings is to increase them 1000 times.
If you tell a man he is less than a man often enough, he will come to believe it.
All life is sacred. I would not take pleasure in the death of any man.
Fear is the enemy. He who conquers himself is the greatest warrior.
To hate is like drinking salt water; it only makes the thirst worse.
I have seen the silkworm; it spins a thread that it may be seen. Hate is the thread and the tomb you weave; it will not save you from your suffering.
The mind and the body and the spirit are one. When the body expresses the desires of the mind and the spirit, the body is in tune with nature, the act is pure and there is no shame. Love is harmony.
Each journey begins and also ends. Life is such a journey, yet it is full of journeys within which begin and end.
Seek always peace. To endanger one, endangers all. In such times, the soul must be the warrior. The soul sees always. What the soul sees cannot be denied.
Discipline your body that you may find greater strength. Be one with all that is without one’s self.
Where the tiger and the man are one, there is no fear, there is no danger.

Part II

I have three treasures which I hold and keep: the first is mercy, for from mercy comes courage; the second is frugality, from which comes generosity to others; the third is humility, for from it comes leadership.
How shall I hold these treasures, Master? In memory?
Not in memory, but in your deeds.
Peace lies not in the world but in the man who walks the peaceful path.
To reach perfection a man must develop equally compassion and wisdom.
Shall I treat every man the same? Yet the flower beneath the water knows not the sun. Other men, not knowing me, will find me hard to understand.
As far as possible, be on good terms with all. Accept the ways of others; respect first your own.
Look beneath the surface of the pool to see its depths.
Rock crushes scissors. Paper covers rock. Scissors cuts the paper. Each in turn conquers the other; there is no stronger or weaker. This is the harmony of nature.

Part III

Ten million living things have as many different worlds. Do not see yourself as the center of the universe, wise and good and beautiful. Seek, rather, wisdom and goodness and beauty, that you may honor them everywhere.
A man may tell himself many things, but is a man’s universe made only of himself?
If a man hurts me and I punish him, perhaps he will not hurt another.
And if you do nothing?
He will believe he may do as he wishes.
Perhaps. Or perhaps he will learn that some men receive injury but return kindness.
If you sow rice, you will grow rice. If you sow fear, you will grow fear.

THE SAYINGS OF KUNG FU THE FIRST SEASON STARRING DAVID CARRADINE CLASSIC TV SERIES AVAILABLE ON DVD THIS OR ANY OTHER HOLIDAY SEASON

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

Tags: Art Kyriazis, arthur j kyriazis, Arthur Kyriazis, Clasic TV Series, David Carradine, DVD, Kung Fu, Kyriazis, Sayings of Kung Fu, Sayings of Kung Fu the First Season

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

The Sixers stood pat at the trade deadline and promptly came out of the all-star break looking awful, dropping five of six. Meanwhile, Miami, which is in a position to catch Atlanta for the #4 see in the NBA east playoffs (the Sixers are 6th, Miami is 5th, and Atlanta is 4th), made a major move, obtaining Jermaine O’Neal from Toronto, though they had to give up some talent to get him. O’Neal always give the Sixers problems because he’s a good big man who’s mobile and can outplay Dalembert one on one. He will likely give Atlanta problems as well in the playoffs, incidentally.

In the meantime, looking from a distance, the Sixers have not really capitalized on the big event of the season, which is the decline and fall of the Detroit Pistons. While Orlando has risen up to join Cleveland and Boston as division leaders, the Pistons now have a worse record than the Sixers, and this was a Detroit team that last year was the #2 seed playing the Sixers and defeating them at the #7 seed. Right now
Detroit is the #7 seed BEHIND philly and fading out of the playoffs.

When a major team like this is out of the playoff picture, your GM should be approaching them about obtaining one of their players at the trade deadline, like a Rasheed Wallace, who can hit the three and rebound, and doesn’t have that much time left on his contract. He could have helped the Sixers. Or even Allen Iverson, who while obviously in the decline phase of his career, could have helped the Sixers coming off the bench, or playing the two guard, a position that has been a problem for the Sixers this year. Iverson could have helped the Sixers playing alongside Andre Miller, with Iguodala up front and Dalembert and either Young or Speights playing the power forward.

Even if AI only played 20 minutes a game, he’d help.

But the Sixers have done nothing. They instead committed everything to a gigantic blunder by signing Elton Brand, who is hurt, injured and will never be better, I predict. Even if he comes back, this is starting to look like the Jeff Ruland situation all over again. A hurt player who will never play like he did pre-injury. Or Glenn Robinson. Or Chris Webber. Or any of ten other guys that have come to this ballclub hurt and making a bundle. The guys who can play and never get hurt, like Barkeley and AI, we seem to give away for nothing.

Or Brad Doughery or Moses Malone.

How about this team?

Brad Dougherty, Moses Malone, AI, Charles Barkeley, Wilt Chamberlain.

You think you could win a few championships with that team?

That’s the five greatest sixers in history traded for virtually nothing.

For those five NBA hall of famers, the Sixers received; Roy Hinson, Jeff Ruland, Andre Miller, Jeff Hornacek, Darrell Imhoff and some other throw in players.

Those are five ok players, but not hall of famers.

Malone, Barkley and Chamberlain are 3 of the top 10 all time NBA rebounders of all time, incidentally, while if you add AI, you’ve got four of the top 25 scorers in NBA history as well. Dougherty, though he was finished early by his back, was a stud every year he was in the league, 20 ppg and 10 rebounds or more. The Sixers could have had Dougherty AND Barkeley for ten years straight. They would have won five championships in all likelihood with that combination. Even against Michael Jordan that combo wins.

The late Timmy Ling, my dear prep school classmate and friend, used to make fun of the Sixers’ drafts when we were in high school. During those years, the Sixers took some #1 draft picks as follows;

1969 – Bud Ogden
1970 – Al Henry
1971 – Dana Lewis
1972 – Freddie Boyd

Ling was relentless making fun of Ogden, Henry, Lewis and Boyd, and justifiably so. While other teams were drafting some of the greatest players in history in these years (Kareem Abdul Jabbar, for example) the Sixers basically decided, we aren’t going to get into a bidding war with the ABA, so we’ll just draft nobodies and pay nothing to no one. It was horrible, and got worse when Billy Cunningham walked to the ABA in 1973. The franchise hit bottom when they won only 9 games in the 73 season, still an NBA record for futility. Shortly thereafter, came George McGuiness and Dr. J and the big turnaround, but it was a bad stretch.

They got it right in 1973 with Doug Collins, but in 1974 the Sixers drafted Marvin Barnes, who I think is dead or in rehab now, but anyway, Barnes was about 7 foot, but had a drug and rap sheet as long as could be, and he ended up in the ABA and in jail much more than on the court. In 1975 the sixers drafted Darryl Dawkins #1 right out of high school.

Dawkins in today’s NBA would have been a star. In the condensed NBA of the 70s, he was only ok. He wasn’t as good as the best centers, and consequently was underrated at the time. Today, he’d be a star in the expanded NBA.

In 76 and 77 the Sixers drafted #1 Terry Furlow and Glenn Moseley, non-entities, but in 1978 they picked Mo Cheeks, a legend. 1979 was a miss, but 1980 got them Andrew Toney with the #1, and Andrew Toney became the Boston Strangler. Though his career was shortened by injury, Toney would have become a Hall of Famer with longevity.

And, of course, 1984, #1 pick was Charles Barkeley, who was the quintessential hall of famer and probably the Sixers’ best player since Wilt and before AI.

Even though Sir Charles is a DWI man, and spit on girls while he was here, and is overly fond of guns, we still like him because he’s a bit of a buffoon, and a bit of a thinking man’s man. Also, he lived to rebound and score, and he rebounded and scored because that’s what he lived for. 20 ppg and 10 rebounds pg were his calling card, and he punched those in every season like clockwork.

and no one his size (as short as he was) ever led the league in rebounding once, let alone several times.

When he played alongside moses malone, who was basically the same kind of player as Sir Charles, the two were an unstoppable force.

But the Sixers broke them up with trades, and also traded away Dougherty; Dougherty, Malone and Barkeley would have been the core of an unstoppable basketball team. You’re talking three guys who clocked 10-15 win shares every year routinely.

And we wonder why the Sixers never win championships or make the playoffs like they used to. For a while they wanted to trade Dr. J too.

Getting back to the now, Eddie Stefanski has watched and done nothing while Atlanta, a horrible team, passed the Sixers by this past year. He made noise about signing Josh Smith of Atlanta, but never got serious. Instead, Atlanta got him back, signed Bibby from Sacramento and added both a point guard and three point threat and made the playoffs last year; this year they are the fourth seed and playing much like the sixers, a young, running team, except that Atlanta are better at it than the Sixers because they can shoot the three. If I’m sitting down comparing Atlanta to the Sixers, I’m saying Atlanta has the better squad right now, up and down the lineup. It’s not close.

And because it’s not close, and because you want the 4th seed if you can’t have a LeBron, a Howard, a Garnett like Cleveland, Orlando or Boston, you have to compare what you do have to what the competition has, and try and get better at the trade deadline. Miami did this but Philly did not. I see this as weakness from the GM and a refusal to invest in the team. Furthermore, weakness caused by commitment to Elton Brand.

I had a lot of comments in the AI post, below, about what’s wrong with Elton Brand and why the salary cap dump of the AI trade was botched by the Brand sigining. In a word, the Sixers moved too quickly to lock up their salary cap room with the wrong guy. they should have waited for someone better and waited another year if necessary.

It wasn’t necessary to fire mo cheeks. Cheeks’ record was mainly due to Brand playing a poor brand of basketball; once he was pulled from the lineup, the team played better automatically. While Tony DiLeo gets some credit, the fact is the team played better because subtracting Brand was addition by subtraction.

Cheeks is the guy who got them to the playoffs last year. It remains to be seen if DiLeo has the necessary skills to get the Sixers to the playoffs and actually win two games if he gets there. I doubt that he does.

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

Indifference to death is the supreme claim of a successful moral theory. Mortality, the biblical threescore and ten years we are given on this earth, is and was the human condition for the ancients and the moderns. Transcendence of mortality therefore becomes a categorical imperative for any moral theory to attain success.

At a recent alumni dinner where there were a number of attorneys, i asked some of my colleagues around the table if they had given any thought to the afterlife. Most of the people at the table looked at me as if I had landed from another planet. I pressed the point, and asked, you get ready for trials, but what about the ultimate trial, the final trial, the final judgment in the life to come? Don’t you want to be ready for that? Again, blank faces and almost no thought given to the concept in the slightest. I found this interesting, and wanted to give it some thought. This essay was the result.

Maybe this is what is wrong with the legal profession today. Lots of ethics courses, but no courses as to the essence of ethical thought–the soul and its salvation. And yet Plato and Aristotle, especially Plato, write about the soul, about lawyers and the salvation of the soul in the life to come, and about ethics, almost to the exclusion of all else. And of course, Christianity absorbs Plato through neo-Platonism, and a lot of Aristotle too. So have we forgotten everything we learned back at the dawn of Western thought? Have we forgotten that you can’t take it with you, to paraphrase a famous play we used to read in prep school? That a rich man will find it harder to get into heaven than a camel to pass through the eye of a needle? That Lazarus will be by God’s side while the rich man will be burning from thirst in hell? Have we forgotten all of this in our search for worldly rewards?

I assume we all agree here that Bernie Madoff is definitely going to hell, but we’re not sure what level of Dante’s Inferno he’s being assigned at present.

So here are a few comments on four ethical systems that have given plenty of thought on this matter, and incidentally, most every lawyer in the greco-roman world was at the very least, a stoic or a christian.

Characteristically convergent in the three moral systems of Stoicism, Spartanism and Samurai/Bushido is the conquest of death through roughly parallel means. Christianity in its neo-platonic formulation through the Hellenistic church fathers, starting with Clement of Alexandria and running through the Greek Church Fathers, St. Basil of Caesarea, St. Gregory of Nazianzen, St. Gregory of Nyssa and St. John Chrystostomos, and finding its eventual final expression in St. Augustine, a much later Latin church father, also conquers death as well.

As St. John Chrystostomos so memorably puts it, “Death, Where is Thy Sting?” However, Christian eschatology and cosmology sharply distinguish it from the Stoic, Spartan and Samurai traditions. There will be a second coming, and a second judgment, a final judgment, but so long as the Christian adheres to the seven sacraments and worships through the Church, his salvation is ordained, and he or she will be saved in the life to come. Here, we are speaking of the early Eastern Christian church, 100 AD – 1000 AD, as opposed to the later Western church, 1000 AD – present, which was split by the east-west schism, the Albigensian Crusade, the 4th Crusade, the Crusades in general, the Protestant movements, and so on. The early Church, by contrast, was relatively unified (setting aside the Arian, Manichean and Nestorian and other heresies, which are not material here) and was constituted by its seven ecumenical councils as a unified and generic whole. Even as to the schismatic churches of the Near East, the churches of Nestorianism and so forth, which had millions of adherents up through around 1400 AD in Syria, Iran, China and many other areas where the majority religion was either Muslim or other, the message was the same, that death could be overcome by salvation through the Church.

By Stoicism we refer to the ancient Greek philosophy which emerged in Athens at the stoa, which is best known by the work of greek philosophers such as Epictetus, and follow it to its most perfect expression in the Roman philosophies of such writers as Cicero and Marcus Aurelius. The Roman/Latin followers of stoicism, of whom there were many, were comfortable with stoicism, since it was perfectly suited to a milititaristic society ruled by capricious and arbitrary imperial factions which could change suddenly and without warning, often with drastic policy implications. Because conditions were constantly volatile at the micro level, even though there was an overall “pax Romana,” stoicism was an ideal philophy.

We note in this introduction the essentially dual character of stoicism, as both a military and an ethical philosophy, one ideally suited to the greek or roman warrior or pacific citizen alike. The warrior at peace in stoic tranquility could perform his military assignments with a minimum of moral concern either for his enemy’s or his own death; likewise the citizen going about his tasks was also able to work hard, indifferent to illness, suffering or the exigencies of mortality, and to the machinations of politics and the state.

Turning to the Spartan way of life, which was essentially a philosophy and ethical system, again we see a military and ethical system in place. First, we define the Spartan system as that system in place in Ancient Sparta from roughly 700 BC to approximately 350 BC, when the Spartan State began to lose its military supremacy to Thebes, and lost its martial character and started to blend shortly thereafter into the larger Hellenistic World created by Alexander the Great and his Successors.

During their time of glory, the Spartan method of training and educating their men and women was legendary throughout the ancient world, and it has come down to us even in the present day. The very word “spartan” connotes sparse, spare, lean and other similar adjectival synonyms. That a spartan soldier would fight to the death was a given; that he was happier to die gloriously in battle than to die and old man in his village was well-known. Thus even Pericles was known to quote the Spartans in saying that a good death in battle could wipe out a lifetime of evil deeds. But the Spartans virtue was a sort of corporate virtue, not the individual Achaean virtue or heroism of Achilles or Ajax; Spartans fought as a team. Their methods were legendary; their morality their code.

Finally we have the samurai, who lived by the code of bushido. In this moral code, elaborated on many occasions by learned samurai, the samurai warrior, who was always a learned man fluent in poetry, calligraphy and the arts, as well as the martial arts and the sword, was to consider himself at all times as if he was already dead. This core, bedrock principle of bushido, along with the zen Buddhist principles of “no mind” or “empty mind”, encapsulate bushido’s essential qualities—the clear-minded warrior, ready to strike, unafraid of death because in his mind, he has already died, and thus is already prepared for death. Such an adversary must have been dangerous indeed.

That there are parallels between these three systems with regards to their attitudes towards death and mortality is self-evident from our brief discussion. A longer exegesis would examine all of these systems in greater detail, but this brief review suffices to carry across the general motive and ethical points.

Art Kyriazis philly/south jersey
home of the world champion phillies

The clash between Eagles head coach Andy Reid and his former assistant coach (and now Minnesota Head Coach) and good friend Brad Childress in the playoffs yesterday highlights a new trend in the NFL—the Philadelphia Eagles family of coaches in the NFL. First, there are the Buddy Ryan assistant coaches—Jon Gruden, formerly of Oakland (where he went to the Super Bowl) and now of Tampa Bay (where he also went to the Super Bowl, and narrowly missed the playoffs this year) and Jeff Fischer of Tennessee, the NFL’s longest tenured coach, who is the AFC’s top seeded team this year, a regular playoff contender, and a former Super Bowl coach and AFC champion. Former Eagles head coach and Buddy Ryan assistant coach Ray Rhodes continues to work as an assistant coach in the league. Buddy Ryan’s two sons now are assistant coaches in the league. Second, there are the ex-Eagles—such as Herm Edwards of Kansas City, and former head coach Dick Vermeil, who used to coach at St. Louis, and won a Super Bowl there. Ex-Eagle John Bunting was a college head coach at North Carolina. And then you have the Andy Reid connections–Harbaugh at Baltimore, who used to coach special teams with the Eagles, and all the connections of Reid through Green Bay as well as Philly like Childress at Minnesota and Holmgren in Seattle.

There are probably many more connections to the Eagles that could be found, but it certainly is illuminating how many coaches and assistant coaches in the NFL (and in the college ranks) now have philly ties. And we used to think this was a college hoops town with a lot of college and pro hoops coaches everywhere. Who knew we were a spawning ground for college coaches. Guess it’s a spawning ground of football coaches as well for the NFL.

–art kyriazis philly/south jersey
home of the world champion phillies
Happy New Year 2009

The Late David Carradine

The Late David Carradine in Kung Fu as Kwai Chan Cain

From the Crane, we learn grace and self-control.
The Snake teaches us suppleness and rhythmic endurance.
The Praying Mantis teaches us speed and patience.
And from the Tiger, we learn tenacity and power.
And from the Dragon, we learn to ride the wind.
All creatures, the low and the high, are one with nature.
If we have the wisdom to learn, all may teach us their virtues.
Is it good to seek the past? If a man dwells on the past, then he robs the present; but if a man ignores the past, he may rob the future. The seeds of our destiny are nurtured by the roots of our past.
When you can take the pebble from my hand, it will be time for you to leave.
You must walk the rice paper without leaving any marks. This will signify that you can walk without making any sounds.
The outer strength, the strength of the body, withers with age. The inner strength, the Chi, remains and grows stronger with age.
The right of vengeance belongs to no man.
A Shaolin priest can walk through walls.
A man cannot live his whole life in fear. To hide such feelings is to increase them 1000 times.
If you tell a man he is less than a man often enough, he will come to believe it.
All life is sacred. I would not take pleasure in the death of any man.
Fear is the enemy. He who conquers himself is the greatest warrior.
To hate is like drinking salt water; it only makes the thirst worse.
I have seen the silkworm; it spins a thread that it may be seen. Hate is the thread and the tomb you weave; it will not save you from your suffering.
The mind and the body and the spirit are one. When the body expresses the desires of the mind and the spirit, the body is in tune with nature, the act is pure and there is no shame. Love is harmony.
Each journey begins and also ends. Life is such a journey, yet it is full of journeys within which begin and end.
Seek always peace. To endanger one, endangers all. In such times, the soul must be the warrior. The soul sees always. What the soul sees cannot be denied.
Discipline your body that you may find greater strength. Be one with all that is without one’s self.
Where the tiger and the man are one, there is no fear, there is no danger.

David Carradine as Kwai Chang Cain

the Late David Carradine in Kung Fu

Part II

I have three treasures which I hold and keep: the first is mercy, for from mercy comes courage; the second is frugality, from which comes generosity to others; the third is humility, for from it comes leadership.
How shall I hold these treasures, Master? In memory?
Not in memory, but in your deeds.
Peace lies not in the world but in the man who walks the peaceful path.
To reach perfection a man must develop equally compassion and wisdom.
Shall I treat every man the same? Yet the flower beneath the water knows not the sun. Other men, not knowing me, will find me hard to understand.
As far as possible, be on good terms with all. Accept the ways of others; respect first your own.
Look beneath the surface of the pool to see its depths.
Rock crushes scissors. Paper covers rock. Scissors cuts the paper. Each in turn conquers the other; there is no stronger or weaker. This is the harmony of nature.

David Carradine, Quentin Tarantino

David Carradine, Quentin Tarantino. In 2005 the late David Carradine received best supporting actor nod for his kung fu work in "Kill Bill Part 2".

The late David Carradine as Bill (really Kwai Chan Cain) in Kill Bill 2.  Tour de Force performance.

The late David Carradine as Bill (really Kwai Chan Cain) in Kill Bill 2. Tour de Force performance.

Part III

Ten million living things have as many different worlds. Do not see yourself as the center of the universe, wise and good and beautiful. Seek, rather, wisdom and goodness and beauty, that you may honor them everywhere.
A man may tell himself many things, but is a man’s universe made only of himself?
If a man hurts me and I punish him, perhaps he will not hurt another.
And if you do nothing?
He will believe he may do as he wishes.
Perhaps. Or perhaps he will learn that some men receive injury but return kindness.
If you sow rice, you will grow rice. If you sow fear, you will grow fear.

Kwai Chan Cain as Bill finds his bride in Kill Bill Vol 2

Kwai Chan Cain as Bill finds his bride in Kill Bill Vol 2

THE SAYINGS OF KUNG FU THE FIRST SEASON STARRING DAVID CARRADINE CLASSIC TV SERIES AVAILABLE ON DVD

Uma Thurman as Beatrix Kiddo with her deadly Hanzo samurai sword in "Kill Bill Vol. 2" featuring the late David Carradine

Uma Thurman as Beatrix Kiddo with her deadly Hanzo samurai sword in "Kill Bill Vol. 2" featuring the late David Carradine

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