February 16, 2009
— Ace Very funny, but Language Warning.
Thanks to Private Pigg.
(Sorry, I dozed. Guess I won't be blogging much today. Maybe later.)
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— Gabriel Malor Heather MacDonald rips Dean Erwin Chemerinsky a new hole over a spurious lawsuit he filed along with the ACLU on behalf of the homeless of Laguna Beach.
The background is simple: California is opening a new law school in Irvine this fall with Chemerinsky as the new dean. OC business groups have been pouring cash into the school, which under Chemerinsky's leadership will have as a core mission training students in "public interest" law. OC business community leaders will quickly come to realize the nest of vipers they have embraced.
This dispute is a perfect example. Two days before Christmas last year, Dean Erwin Chemerinsky, the American Civil Liberties Union, and the law firm of Irell & Manella filed a complaint in federal court charging Laguna Beach police and city officials with a deliberate campaign of abuse against the homeless. Shrill, occasionally ungrammatical, and devoid of factual support for its sweeping accusations, the complaint could only have been written by someone who hasn't observed this city's police-homeless interactions, or who is blinded by ideology.[...]
The Laguna City Council has been struggling to solve its homeless problem for nearly two years. Following the recommendations of a task force, it is now paying for a full-time police officer to assist the homeless with getting into treatment and off the streets. Despite a nonstop effort, the officer has found only a handful of takers. The council has also approved funding to enlarge Laguna's homeless assistance center. Neighborhood resistance, however, has blocked the expansion effort.
Such democratic process, laboriously balancing the competing demands of homeless advocates, employers and homeowners, fails to impress "public interest" lawyers such as Mr. Chemerinsky. He and his fellow attorneys want a federal judge to enjoin enforcement of Laguna's anticamping ordinance until the city builds more no-strings-attached homeless housing.
The lawsuit is a shakedown. It raises equal protection and due process claims for the city's alleged refusal to let people sleep on the streets. It raises a cruel and unusual punishment claim for the city's imposition of laws of general application on the "involuntarily homeless." It raises a search and seizure claim which seems to come out of nowhere given the rest of the complaint. And it raises a discrimination claim under the Americans with Disabilities Act. The 21-page complaint is here (PDF).
These causes of action aren't going to fly, especially not in a beach town like Laguna, which (in my experience) is among the cushiest places for the homeless to live. But they are going to cost money to defend against. This is an example of what OC can get used to. They invited troublemakers like Chemerinsky to town. Business leaders in OC forgot the old truth: be careful what you wish for.
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— Open Blog IÂ’m sure that some of you have been following this, at least sort of out of the corners of your eyes. But as more details emerge, the CPSIA debacle is proving more and more to be a perfect example of what happens when Congress acts precipitately and the Law of Unintended Consequences catches up. CPSIA was the legislation passed practically overnight to protect tow-headed American children from eeevil lead and pthalates, if you'll recall.
For a decent introduction to the problem, go here.
So what? Well, for example, libraries are unsure as to whether they can circulate childrensÂ’ books made before 1984. Some libraries are already tossing or removing to storage thousands of books... here's one estimate of the cost to a single library: 3 million and change. Goodwill and other resellers are tossing out childrensÂ’ clothes left and right. One-half of the Omaha areaÂ’s secondhand childrensÂ’ clothing has been discarded. Kawasaki, Honda, and Yamaha have stopped selling dirtbikes and replacement parts:
The value of inventories that now cannot be sold is unknown, but it probably exceeds $100 million, by our estimate. Just take 7,500 franchised dealers, many of whom carry $25,000 worth of inventory at wholesale cost.
Who needs free books or cheap clothes in this economy anyway, right? Or retail jobs, or charity?
Overlawyered has pretty much flooded the zone on this -- I donÂ’t want to simply link all of the things heÂ’s got, so give him a look. His CPSIA archive is here. Go. Read. Be angry.
So, to recap: Henry Waxman and his accomplices (including, we should note, many Republicans,) have managed to pass a bill which, inter alia,
1) requires the destruction or other removal of huge supplies of secondhand clothes, in winter,
2) may or may not preclude libraries from lending huge chunks of their childrensÂ’ collections,
3) effectively removes as-yet-uncalculated amounts of inventory from salability from small- and medium-size businesses, without compensation.
In the middle of (as we are constantly told) the greatest economic crisis since the Great Depression. And these examples are just the tip of the iceberg... the economic effects of this legislation reach in every direction, most of which were, of course, unanticipated.
This is what happens when Congress gets the panicked urge to do something, anything, in a hurry. YouÂ’re not aware of any other pieces of legislation that fit that bill, are you? I mean, surely they canÂ’t be that stupid, right? Right?
UPDATE: A commenter asks if this includes, for example, eBay.
In order to crack down on online sites such as Craigslist and Ebay, the CPSC says, they are currently working with an internet surveillance team to watch over the online marketplaces.
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— DrewM There really are no responsible adults left in the Democratic Party, are there?
A senior U.S. lawmaker said Thursday that unmanned CIA Predator aircraft operating in Pakistan are flown from an air base in that country, a revelation likely to embarrass the Pakistani government and complicate its counter-terrorism collaboration with the United States.The disclosure by Sen. Dianne Feinstein (D-Calif.), chairwoman of the Senate Intelligence Committee, marked the first time a U.S. official had publicly commented on where the Predator aircraft patrolling Pakistan take off and land.
At a hearing, Feinstein expressed surprise over Pakistani opposition to the campaign of Predator-launched CIA missile strikes against Islamic extremist targets along Pakistan's northwestern border. "As I understand it, these are flown out of a Pakistani base," she said.
Please explain to me how Obama's cure all of 'smart and tough diplomacy' is going to impress enemies when members of the guy's own party is out there pissing off the allies we do have.
Also, when will the left demand that Patrick Fitzgerald start investigating Feinstein for releasing classified information? Surely this type of release is almost as damaging as the time Scooter Libby "Some guy no one ever gets around to mentioning because he's buddies with Colin Powell and didn't like Bush much" (Hi Richard Armitage!) released super double secret agent Valerie Plame's name? Any. Day. Now. I'm sure.
It's almost like there's a double standard or something.
Related (enough anyway)...Pakistan and Taliban in agreement to enforce Shariah law in tribal areas. Awesome!
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— Gabriel Malor
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— DrewM Sorry if this is old and has been posted but I've been away from this series of interconnected tubes for a bit (alas, not to Lebanon to drink with Christopher Hitchens) but this is just too much fun.
It seems disgraced greatest ever Illinois Governor Rod Blagojevich (D- Never Mind Where I'm From, Just Give Me The Cash) did solicit money from now Senator Roland Burris (D- Corruption Land). This little detail seemed to have slipped Burris' mind when he testified before the Illinois House impeachment panel.
Former Gov. Rod Blagojevich’s brother solicited U.S. Sen. Roland Burris for up to $10,000 in campaign cash before Blagojevich named Burris to the coveted post — something Burris initially failed to disclose under oath before an Illinois House impeachment panel, records and interviews show.Burris acknowledges being hit up for the money in a new affidavit he has sent to the head of the House committee that recommended Blagojevich be removed from office.
10g for a Senate seat? Why it's a bargain at double the price! But don't worry, Burris says he didn't pay so, nothing to see here and move along.
Thank God we apparently still have Blago to kick around. I simply can not wait for this trial and subsequent book and movie of the week.
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— Open Blog I know I promised no more open blog posts from me, but I attended the Obama University School of Campaign Promises. Anyway, below the fold is video of Glenn Beck predicting the coming fall of America. I guess it's time to restock the forbidden closet of mystery with booze and ammo. more...
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— Ace Thanks, everyone, for posting in my absence. And please keep it going until the end of the week; I have little internet time.
Yes I'm alive. This junket has events and meetings and dinners and so on scheduled for about 13 hours out of every 16 hour day, and the last three hours tend to get used for napping or, in my case, unwinding with beer. I'd rather nap, but I can't nap, so beer it has been.
The last time I even logged into the internet was Saturday, and all I had time for was to email mom and a few people that I had made the trip okay and all that. more...
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February 15, 2009
— Open Blog How sad.
Seven-year-old Aaron Van Blerkom's letter was simpler -- but no less problematic.
"Dear Mr. Obama," the Pasadena, Calif., first-grader began, "Please Make it rain candy!"
No, it really is sad. These kids are being raised to believe that the President can heal all ills, even though this country was founded on the ideals of self reliance and independent thinking.
If it makes you feel any better, our 11 year old son thinks Obama is EPIC FAIL. So there's still hope out there after all.
Below the fold, an artist's rendering of Obama's first 26 days. more...
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— Open Blog As always, itÂ’s a topic potluck, so bring your own savory dishes to share with everyone. No lutefisk this time!
Item #1: “The Wit and Wisdom of Bill Maher.” A couple of days old, but America’s funniest man was on Larry King’s show last Friday to offer up his usual blend of folksy humor and wry social commentary to a nation desperately in need of both in these times of trouble. Never has there been a humorist worthy enough to be called a successor to this man until now.
”King: (referring to President Obama, -ed.) So, overall, how is he doing? In this short period of time, with some goofs he's made?”“Maher: Yes. He's -- well, I mean, considering the alternative, he's doing fantastic. And he's a pleasure to watch. I just watched him there talking about Lincoln. I mean he can put a sentence together. He's eloquent and he's -- he's unflappable. I mean, he's so cool and calm.”
“Is he on Xanax?”
“I mean ... sometimes I wonder about this guy. I wish my broker was that calm.”
Maher’s absolutely right on about President Obama’s ability to put a sentence together, and be very efficient with the use of the English language. After all, can any of you manage to use the word “uh” in a single sentence as a noun, verb, pronoun, adverb, contraction, personal pronoun, gerund, exclamation, adjective, subject, predicate, appositive, infinitive, modifier (dangling or not), subordinate clause, prepositional phrase, conjunction, abbreviation, comma, quotation mark, and punctuation all within that single sentence? And could any of you diagram that sentence? I didn’t think so Mr. Smarty McSmartpants. At least we don’t have to spend the next 4, 8 or more years listening to the ex-chimperor mispronounce the word “nuke-u-lar.”
Also, there is no truth to the rumor that Larry King actually passed away several years ago and CNN created an animatronic device and clad it with a dry, aged leathery material to replace him. Photo of Mr. Maher appears below the fold.
Item #2: Having some friends over? Or some enemies? Like playing practical jokes on them? Well, Gizmodo spotlights a new product for you: a lounge fire/fireplace disguised as a bench. As the article states: what could go wrong? Nothing a little Extra Strength Preparation H wouldnÂ’t clear up, and youÂ’ll all have a big laugh about it later at the burn ward. (Kids love it too!)
Item#3: “IllTemperedCur” posted this in last night’s comments, but it really does need wider exposure. It’s the latest innovation in personal cubicle defense: A motorized, 504 round rubber band minigun.A thing of pure awesomeness it is. As I mentioned last night, this is gonna’ change the entire balance of cubicle warfare. Once the IT dept. gets their (Cheeto-stained) hands on this weapon, they’ll break out of the trenches. Accounting and Marketing won’t stand a chance. It’ll be a slaughter.
more...
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