Monday, November 18, 2002

More Like Mary, Less Like Martha has a post on the legality of internet linking. She links to Tech Law Advisor where IP attorney Keven Heller has some thoughts on the contractual aspects of IP protection. For Mr. Heller this has achieved a bloodsport level inasmuch as he has been told to eliminate deep links in his site by a voice mail from LA Times.

Anyhow, my contribution to this issue is to link to Kelly v. Arriba. [About two months ago, I wrote Bill Cork that I would outline this case. So, with my usual diligence, I finally located this case which was buried among my other advance sheets.]

The issue of deep linking constitutes of case of "first impression" - i.e., no judicial decision [at least in my jurisdiction] has made a decision as to whether a link to another website infringes on that website's copyright. Kelly provides some ammunition to argue that it does not.

Kelly involved that most vibrant portion of the internet economy - pornography. In Kelly, the defendant displayed "thumbnails" on his site, as well as links to complete pictures. The Ninth Circuit Court of Appeals considered the Copyright implications of both kind of internet links. The Court describes the factual premises of the case and its conclusions as follows:

When Kelly discovered that his photographs were part of Arriba's search engine database, he brought a claim against Arriba for copyright infringement. The district court found that Kelly had established a prima facie case of copyright infringement based on Arriba's unauthorized reproduction and display of Kelly's works, but that this reproduction and display constituted a non-infringing "fair use " under Section
107 of the Copyright Act. Kelly appeals that decision, and we affirm in part and reverse in part. The creation and use of the thumbnails in the search engine is a fair use, but the display of the larger image is a violation of Kelly's exclusive right to publicly display his works. We remand with instructions to determine damages and the need for an injunction.


The "thumbnail" links were protected as "fair use," the factors which the Court considered were described as follows:

Dr. Seuss Enters., L.P. v. Penguin Books USA, Inc., 109 F.3d 1394, 1399 (9th Cir. 1997) (internal quotation marks and citation omitted). 10 The four factors are: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. § 107.


The policy basis of "fair use" was described by the Court as:

The Copyright Act was intended to promote creativity,thereby benefitting the artist and the public alike. To preserve the potential future use of artistic works for purposes of teaching, research, criticism, and news reporting, Congress made the fair use exception.24 Arriba's use of Kelly's images pro-motes the goals of the Copyright Act and the fair use excep-tion. The thumbnails do not stifle artistic creativity because they are not used for illustrative or artistic purposes and there-fore do not supplant the need for the originals. In addition, they benefit the public by enhancing information gathering techniques on the internet.


The Court confirmed that this was a case of first impression.

No cases have addressed the issue of whether inline linking or framing violates a copyright owner's public display rights. However, in Playboy Enterprises, Inc. v. Webbworld, Inc., the court found that the owner of an internet site infringed a magazine publisher's copyrights by displaying copyrighted images on its web site. The defendant, Webbworld, downloaded material from certain newsgroups, discarded the text and retained the images, and made those images available to its internet subscribers. Playboy owned copyrights to many of the images Webbworld retained and displayed. The court found that Webbworld violated Playboy's exclusive right to display its copyrighted works, noting that allowing subscribers to view copyrighted works on their computer monitors while online was a display. The court also discounted the fact that no image existed until the subscriber downloaded it. The image existed in digital form, which made it available for decoding as an image file by the subscriber, who could view the images merely by visiting the Webbworld site. [Kelly v. Arriba Soft Corp. 280 F.3d 934, 945 -946 (C.A.9 (Cal.),2002).]


My view, which is not a legal opinion but just a talking point, is that if you can link to, and display, a thumbnail under the Copyright Act, you can link to an on-line article. Most bloggers transform the bare link into their own product by adding their own input or observations. Further, blogging is essentially non-commerical and the amount of copyrighted material which is used is not substantial.

Mr. Heller makes a fair point about the contractual aspects of IP protection. A contract to adhere to a newspaper's terms of use may arise from accessing the site. I question, though, whether a newspaper's use of the governmental monopoly provided by copyright can be used as a vehicle to force a waiver of fair use rights. I know that in the trademark area, the owner of a mark cannot use its monopoly to "link" trademark usage to the purchase of other, non-protected. For example, Kentucky Fried Chicken cannot use its trademark leverage to force franchisees to purchase napkins from KFC.

Anyhow, this is just an attempt to put relatively recent decision involving the internet into play. Let me know what you think.

Sunday, November 17, 2002

Federal prosecutors and regulators entitled to overtime according to this Law.com article. I'm not sure why they are not exempted as licensed professionals. I know I was. At least, I think I was.
So, I watched Scotland PA this weekend. It's a pretty good adaptation of the Bard's MacBeth, except for the fact that it is set in hamburger joint in a small Pennsylvania town in the early 1970's. MacBeth is a slacker fry cook who is driven by his his wife [News Radio's Maura Tierney] to murder Duncan, the owner of the burger joint, by dropping him into a deep fryer. Suspicion focuses on the older son, Malcom. MacBeth's friend Banconi, aka Banko, has some suspicions. Pretty soon MacBeth is successfully pioneering the first drive through in the area. Things look good except Mrs. MacBeth is obsessed with a burn on her hand, and Detective MacDuff, played by Christopher Walken as Christopher Walken, is putting together the clues. Here's a MovieWeb synopsis of Scotland, PA. The director described the plot as being written for a high school student who was reading Cliff Notes stoned. Fair warning - some reviewers thoroughly panned Pennsylvania PA, but I liked it for the clever take-off on the Shakespeare classic.

Anna over at BBB: Come for the bunny photographs. Stay for the Warmongery has a similar tolerance for off-beat flicks. Here's an excerpt from her review of that future classic - Six String Samurai:

You want to watch a film with lots of swordfights, Bro wants post-apocalyptic sci-fi, Sis wants a religious epic, Mom wants a tender, flowering relationship story, Dad wants an Elvis picture, and the grandparents want a musical.

How could you possibly satisfy everyone?

You could start by bringing home Six String Samurai.


Check it out. Looks like an odd way to kill a Saturday afternoon.

Saturday, November 16, 2002

Here's a pretty neat site if you're the kind of person who likes to pick up on plot and scene errors in movies - Nitpickers Home Index.
Fresno Bee columnist, and an occasional denizen of Brix's, Jim Boren tells us why we should take redistricting out of the hands of the politicians. And, he's right. Basically, the politicians have cut a deal to protect incumbents.
Actually, the first two times I took this test it came out as John Wesley



"God will not suffer man to have the knowledge of things to come; for if he had prescience
of his prosperity he would be careless; and understanding of his adversity he would be senseless."

You are Augustine!

You love to study tough issues and don't mind it if you lose sleep over them.
Everyone loves you and wants to talk to you and hear your views, you even get things like "nice debating
with you." Yep, you are super smart, even if you are still trying to figure it all out. You're also
very honest, something people admire, even when you do stupid things.

What theologian are you?

A creation of Henderson

Thursday, November 14, 2002

[Via Megan McArdle, who has a whole new look] Armed and Dangerous has a post on military ethics in science fiction, "if you like that kind of thing." [Hey, that's my line.]
The Wealth of Memory

Rachel Lucas reports that Michael Moore has shown his typical commitment to truth and accuracy by removing the link to his "Payback Tuesday" diatribe from his website.

Tuesday, November 12, 2002

Reflections of a PoMo Gnostic


Mark Shea had this link and the caution that the kind of thinking reflected therein is more a reflection on modern sensibilities than theology. The link is to yet another Methodist bishop who declares that Jesus was both fully human and fully God. Fully human in being born of human parents, and fully God in his relationship to the Creator. [Also, those miracles never really happened.]

Now, it may seem that I pick on the Methodists, which maybe I do. I have nothing against Methodism. I had a grandmother who was Methodist before she converted, but it seems that there is an awfully large stockpile of people who adhere to ancient and unhealthy heresies who are serving there as bishops. Bishop Sprague, for example, observation (infra) implicates adoptionism and gnosticism. Bishop Sprague writes:

Sacrifice, even of one’s life, on behalf of others is an eloquent witness to God’s grace. Nevertheless, I find the substitutionary atonement theory, which is but one of several Christian theories of atonement, to be at odds with other images of God reflected by the witness of Jesus and experienced by this writer. In fact, I am convinced that quite often such unexamined thought repels many intelligent, sensitive, searching people and drives some of them from understanding, accepting and following the God revealed in Jesus, who is the One for whom their aching hearts yearn.
How much more blood sacrifice is needed in a world saturated with blood and famished for a different understanding of salvation? While sacrifice as an act of discipleship is essential for all of us as it was for Jesus, the concept of blood sacrifice to appease God is superstition at best and an idolatrous allegiance to a non-Jesus methodology of God-human relationship at worst. Historically and presently, the Church has other models of atonement theory to offer a hurting world. The time has come for progressives courageously to claim the atonement of Jesus as that which is reflective of everything he did and all he was, namely, the One who was in such at-one-ness with God that he could suffer and die for others.


Part of the historical problem with Gnosticism is that it is unhistorical. It establishes allegory and myth as the basis of its belief system. But that is not what the early Christians believed. They believed that they had a real empirical experience on which to base their theology. Orthodox Christianity has always been very concerned with historical truth. Christianity is uniquely about history. Salvation happened at a particular place by a particular person who was real, although the original Gnostics believed in a docetic Christ, one who was not really there.

The passage above is a case in point. Bishop Sprague doesn't like blood sacrifice. The image is probably off-putting to modern sensibilities. The problem is that the original sources - the New Testament and tradtion - don't let believers ignore the element of blood sacrifice. It's everywhere you look, and apparently the "this is my body" line was sufficiently important for early Christians to accept the calumny of being cannibals in preserving that aspect of the Gospel message.

Modern Gnosticism is cowardly. It doesn't trust the testimony of the Gospels. It seeks to accommodate the niggardly imaginations of its adherents - like Bishop Sprague - by making symbolic and mythical events that were understood to be real and actual. But if Christ's resurrection didn't happen, then the Gospel message is all in vain, at least that's what someone who was closer to the events than Bishop Sprague thought. The sad thing is that while this tactic may buy a short term peace of mind for Bishop Sprague, it can only result in an eventual surrender of belief over the members of his flock over whom he may have some influence.

Monday, November 11, 2002

David Frum contemplates Armistice Day and the poem that he says all Canadians over 50 can quote from memory, and which I know that even under-50 ex-pate Canuck lawyers can quote:

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.
Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.
Fair and Balanced and paid for by the 52% of the taxpaying public that he describes as corrupt, theo-fascist bigots.

NOW: Commentary - Bill Moyers on Election 2002 | PBS

Sunday, November 10, 2002

Michael Medved points out that the involvement of Hollywood celebrities in politics is not new, but the conduct of the likes of Lange, Baldwin and Sarandon in insulting their customers is.

Saturday, November 09, 2002

I know what movie we should all go see.

LARRY CLARK STANDS UP FOR U.S.

MAVERICK director Larry Clark beat up the distributor for his movie "Ken Park" after the jerk declared that America deserved to get attacked on 9/11.
Clark, who helmed "Kids" and "Bully," delivered a brutal beat-down to Hamish McAlpine after the screwy Scotsman started spewing anti-American and anti-Israeli sentiments during dinner at London's posh Charlotte Street Hotel Thursday night.
An enraged Clark, 59, punched McAlpine several times in the face - breaking his nose - choked him, then overturned the dinner table on the bloodied big mouth.


It's amazing the kind of reaction that "hate speech" provokes.
My Birth State elects the first Jewish Republican woman governor

Via Australian blogger Tim Blair comes this link:

In Hawaii, Linda Lingle won in the gubernatorial race, becoming the state's first GOP governor in 40 years and America's first Jewish Republican woman governor.


Those perfidious Republicans. First, electing black women as lieutenant governors and now this. And then there's that whole Secretary of State and National Security Advisor ruse. Obviously Republicans are simply feigning "diversity" for political advantage.

Friday, November 08, 2002

EveTushnet reflects on pro-life science fiction. I think I remember the Philip K. Dick story which premised abortion being an option until a child was 12 years old. I guess in some ways that story affected me more than I realized. Why should the line be three months before birth? Why not three months after? Or twelve years? Hard to draw a principled line, except the snort by the pro-abortion crowd, "don't be ridiculous." I didn't realize that the story was by Dick. It seemed far too coherent.
Another interesting political map

This link takes you to a CNN map showing a county-by-county breakdown of election results in the race for California Governor. Again, notice that Democrat support is limited to a very few highly urbanized counties. It also demonstrates something that I've been saying for twenty years - the division in California is not between Northern California and Southern California; it's between Coastal California and Inland California. It's not surprising that all of the University of California, apart from UC Davis and the future UC Merced, are no more than ten miles from the coast.

Thursday, November 07, 2002

Symbionese Liberation Thugs Cop a Plea

Fox is reporting that the SLA vermin who murdered Myrna Opsahl have pled guilty to second degree murder. Her son never forgot, and neither should we. There's got to be a sense of satisfaction for the prosecutors in knowing that people who casually dismissed Myrna Opsahl with the statement - "Oh, she's dead, but it really doesn't matter. She was a bourgeois pig anyway. Her husband is a doctor. He was at the hospital where they brought her." - will have an opportunity to reflect on the value of the late Mrs. Opsahl.

UpdateHere is the link to the LA Times story. According to the times:

Four members of the Symbionese Liberation Army, the radical leftist group that cut a violent path through California in the mid-1970s, pleaded guilty Thursday to the murder of a churchgoing mother of four during a suburban bank robbery here more than a quarter-century ago.

In an emotional courtroom hearing, the four aging SLA defendants — Emily Montague, her former husband William Harris, Michael Bortin and Sara Jane Olson — agreed to second-degree murder charges in the 1975 shotgun slaying of Myrna Opsahl and tearfully apologized to her family.

"I do not want them to believe that we ever considered her life insignificant," said Montague, 55, who acknowledged that she pulled the trigger in the shotgun slaying of Opsahl, but told a hushed courtroom that the shotgun discharged accidentally.


Obviously it was no accident that they were waiving a shotgun around in a bank because of their trivially inane "cause." Based on the comment that Mrs. Opsahl was a "bourgeoise pig" - which is entirely consistent with the other things that the SLA, and other leftists, were saying at the time - it appears that Montague, age 55, is still lying.

The SLA members will be sentenced to approximately, seven to eight years with the possibility of sentence reduction for good behavior.

The LA Times reports on the reaction of the Opsahl family, who were apparently not consulted for their input on the deal:

Opsahl's son, Jon, who learned of the plea agreement late Wednesday afternoon, said he was stunned that the case had come to such a sudden conclusion. Although he had hoped for a stiffer sentence, Opsahl said he accepted the penalties that the SLA foursome face.

"There was no reason to pursue any lengthier prison time," Opsahl said, noting that each of the four had remade themselves into responsible citizens with families and children.

"There is no such thing as perfect justice," he said. "There's nothing we can do that will bring my mother back to life."

His father, Trygve Opsahl, also expressed compassion for the four defendants and their families.

"I have no hard feelings for the people involved," said Opsahl, 76, a retired surgeon. "I hope they'll be able to have some life after they leave prison."


Montague, Harris and Olsen are lucky that the Opsahl's are models of bourgeoise behavior.

Another day late - Guy Fawkes Day

Did anyone remember that November 5th was Guy Fawkes Day, which marks the anniversary of the Gunpowder Plot? Although the Inquisition and Galileo make for popular examples of Catholic iniquities, the dire oppression of Catholics is generally forgotten. A surprisingly good book on the subject is Faith and Treason: The Gunpowder Plot by Antonia Fraser, which delves into English religious history to show the harsh persecution of Roman Catholics under Jacobean rule and how James I disappointed those Catholics who hoped for a more liberal reign. For a "fair and balanced" look at this aspect of history.
The power of the blog

The Blog from the Core - America's Small-Town Weblog links to a story with this observation:

Most under-reported story: Two newly minted black lieutenant governors. Michael Steele of Maryland, Jennette Bradley of Ohio. Ms Bradley is to be the nation's first-ever black *woman* lieutenant governor. But please, don't tell anyone. You see, both Mr Steele and Ms Bradley belong to the wrong party, the (1 word, 40 letters) vicious-mean-spirited-intolerant-insensitive party, the (horror of horrors! apostasy! treason!) Republican Party.


I'll confess, I hadn't heard about this, and I will bet I never would have if it wasn't for the samizdat blogging community.

Blog on.
Rats. I was hoping it would be Washington.



Actually, though, Hamilton was a critical part of America's survival. One other interesting alternate history point from Gary Wills, I think, is that George Washington's greatest contribution to the American Revolution was to prevent the emergence of a Napoleon-like personality. The biggest threat in that regard might have been Hamilton.

Wednesday, November 06, 2002

Ut Unum Sint writes:

Against Marcionism, the Catholic faith affirms that it has always been the Triune God who creates, redeems, and sanctifies his people: omnia opera Trinitatis ad extra sunt indivisa. The Catholic faith affirms that it was the Triune God who saved Israel from bondage, and who then gave to them his law. You see, we do not hold to the Lutheran belief that the law was given to beat men into submission so that later they could experience grace. The Lutheran belief is shattered by the very preface to the Ten Commandments.


This observation is interesting in light of Daniel Goldhagen resurfacing with a new book entitled What the church owes Jews, and itself The thesis of this book is apparently that the roots of Nazi anti-semitism are particularly found in Catholicism and the early traditions and writings of Christianity. Goldhagen has a modest suggestion about Catholicism:

In addition, the church must recognize that anti-Semitism has been inseparable from its authoritarian and imperialistic pretensions and must abandon papal infallibility, dissolve the Vatican as a political state, embrace religious pluralism to make clear that salvation does not come through the church alone and revise its official catechism to make unmistakable that any teaching smacking of anti-Semitism is "wrong, null and void."


He also suggests a rewriting of the Bible:

The "Bible problem," moreover, is not just that two apparently contradictory perspectives collide but that the collision takes place in texts that are regarded as sacred and divinely inspired. The need, Goldhagen contends, is for Christians to rewrite the New Testament, to expunge anti-Semitism from it, but he recognizes how difficult, perhaps insurmountable, that task may be. Nevertheless, Goldhagen does not despair. He thinks that the Christian tradition can be self-corrective, resilient and revitalized if Christians find the will to be true to their tradition's best teachings about love and justice.


The Marcion dispute, however, suggests that Goldhagen is wrong. The Church could have embraced an openly anti-semitic position at an early stage by adopting Marcion's position that there were two gods - the evil, angry God of the Old testament and the loving God of the New. It didn't. It acknowledged that the God of Abraham was the God of Peter. As I've indicated in the past, the history of Jewish persecution is not very remarkable. Where are the Lithuanian pagans today? What happened to the Saxon pagans? The real interesting question is why was a non-Christian religious group able to survive in Europe at all? The answer must be that, Goldhagen notwithstanding, there was a strand of tolerance toward Judaism found in Christian theology and doctrine which did not apply to the pagans. The Marcion dispute shows where that strand may be located.



From the Gobsmacking stupid file

Michael Moore predicts that George W. Bush will be served an "eviction notice" on November 5, 2002. Or whatever the proper past tense should be for a forward looking prediction made in the past which turns out to have been completely wrong. Actually, Moore's calling the troops to action demonstrates how deep Bush's support is. I mean, even after Moore's impassioned and obviously effective cry to arms, he still got his tail kicked.
For a left-side take on the election, go check out HamsterBlog. He has a mature, responsible theme of not blaming "the refs," working harder next time etc. None of this "men in black" intimidated the minorities nonsense. Very American. I respect that.
Desparately avoiding any reference to the popular genre of "women in prison" movies.

TalkLeft doesn't like the verdict in the Winona Ryder case.

Winona Ryder has been found not guilty of burglary but guilty of grand theft and vandalism. Our view: Unequal justice is no justice at all.


A brave new world. The Barbarians at the Gates of Paris by Theodore Dalrymple
Guardian Unlimited | Special reports | Jonathan Freedland: On the Bush campaign trail
Stereotypes

InstaPundit has an excerpt from Professor Peter Kirstein's e-mail response to a fourth year cadet at the United States Air Force Academy. The cadet had included Prof. Kirstein on a general e-mail inquiry concerning an Academy political serminar. Kirstein's response included the following:

You are a disgrace to this country and I am furious you would even think I would support you and your aggressive baby killing tactics of collateral damage. Help you recruit. Who, top guns to reign death and destruction upon nonwhite peoples throughout the world? Are you serious sir? Resign your commission and serve your country with honour.


The whole baby-killing theme reeks of a stereotype of an academic left still fighting the Battle of Telegraph Avenue in Berkeley. Prof. Reynolds was correct to suspect this was an urban legend in the making, but it wasn't. Neal Boortz has the complete story. [Scroll down from where you land.] The story includes letters of apology from Kerstein and his university, as well as a letter of apology from the Air Force Academy for its cadet's publicizing of a "private" e-mail.

And there is another stereotype - the professionalism and civility of the baby-killing military. A leftist academic would have justified such a tactic as raising public awareness. A military professional has rules that have to be followed.

Read the whole exchange. This excerpt - offered by the cadet wing as its response - caught my eye in particular:

"It is the soldier, not the reporter who has given us the freedom of the press. It is the soldier, not the poet, who has given us the freedom of speech. It is the soldier, not the campus organizer, who gives us the freedom to demonstrate. It is the soldier who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag." ~Father Dennis Edward O'Brien, Sergeant, USMC


My Old Man - mustang lieutenant USN (ret.) - always told me that one of the paradoxes of military service in a democracy was that servicemen know they surrender their civil rights while so that civilians can keep theirs.
Noted legal scholar and philosopher Joe Bob Briggs explains why the "informed jury" movement is justified by history and principles of equity. In truth, Briggs makes some fair points and one thing great about law is that everyone is entitled to an opinion. I don't agree with his point though. For every John Peter Zenger, you have a dozen Klan members being acquitted. A system of jury nullification means that law becomes one thing for the popular and another for the unpopular.

Tuesday, November 05, 2002

To all you East Coast and Mid-West Bloggers who didn't stay up until 2 A.M. EST

FOX News calls the Missouri Senate Race and control of the Senate for the Republicans. Minnesota is still in play. Surprisingly, the Simon/Davis race is still too close to call, but Davis is beginning to build a lead. Tomorrow morning, Let me know who won.
The OmbudsGod is first on the scene with reports of election irregularities. If you have any reliable reports of them in your area -such as green-card Canadian lawyers being allowed to vote - report them to him.
Woo-hoo. Another Kennedy loses according to Fox News. Not that I have anything against Irish-Catholics or anything.
Mark Byron's call of the Georgia Senate race for the Republicans is spot on.
According to Instapundit, who is turning into a SF conduit, Andre Norton is very ill. Although her stuff is great for all ages, she is also a great introduction to Science Fiction for preteens. Time to introduce my daughter to Ms. Norton.
I voted. Have you?

The real interest this election is the local races for District Attorney and various superior court judgships. Candidly, I think Simon goes down in flames. Reapportionment has made all of the Congressional races non-competitive. As for the bonds, I voted against them. I don't know what there were for, but I'm against them. Let the contractors find another way to earn a buck. I did vote for Prop 49 though. Arnold in '06. Need to get started on drafting the "Schwarzenegger Amendment."

Monday, November 04, 2002

"It is no longer politically correct to be an Indian Guide."


The Clovis Independent reports that under pressure from some Indian activists, the YMCA has decided to drop the Indian theme for its parent-child program. I had some involvement in "Indian" Guides with my oldest and the one of the things that the Guides taught her were that Indians, or Native Americans if you prefer, were honest, strong and true. You can't pay for that kind of advertising.

Sunday, November 03, 2002

The score is tied in the San Francisco/Oakland game. Kind of a tough call on who to root for since my knee jerk Northern California tropism is all screwed up. Interestingly, I saw a Gray Davis commercial touting California's economic performance in that it has "become" the fifth largest economy in the world. The problem is that California lost fifth place to France.

OK. San Francisco just scored. I guess that solves my problem. Go Niners.
Glen Reynolds is apparently channeling my father. Yesterday, Reynolds observed this about American cuisine:

But it's not just spiciness. It's variety. There was a time when pizza and spaghetti were considered exotic. Now I live within a mile or two of more sushi places than I can count, and they're good. Of course, I do live in the Greater East Tennessee Co-Prosperity Sphere.


Little did he know that two thousand miles westerly, and about twenty feet from Arnold Schwarzenegger, my father and I were enjoying sushi in sushi bar, and my father, a retired Naval officer with multiple international cruises on various carriers - the "Bonny Dick", the "Shitty Shang" and others - was remarking how it used be when he was young you could only get sushi in Japan, and wasn't it great how things had changed. Of course, we do live in the Greater North Central Fresno Co-Prosperity Sphere.
Nifty Star Trek Reference

I'm posting this one for my brother, who's a big Trekkie.Mind Over What Matters
Requiscat in Pace

[Via Instapundit] Charles Sheffield Dies at 67; Physicist, Sci-Fi Author (washingtonpost.com)
Can the Saudis work any harder to make themselves more expendable?

CNN.com - Saudis: No airspace, bases for Iraq strike - Nov. 3, 2002
Hollywood in the Big Raisin

One of those surreal days. I biked over to the Riverpark Mall to have lunch with my father and it turned out that Arnold Schwarzenegger was there with Fresno's very own "Mayor Bubba" for a Proposition 49 rally. Arnold has been promoting this tax increase for after-school athletics for over a year now. Oddly, although the Simon/Davis race has completely overlooked the Central Valley - I have yet to see anything but an infrequent TV ad, which probably means they are spending their money in SoCal - Arnold shows up here on the Saturday before the election. Perhaps, he's firming up his base for a future gubernatorial run. There were about two hundred people hanging around to see the Terminator. And, that's right, Fresno's Mayor is Alan Autry who had the role of Bubba on the "Heat of the Night."

Saturday, November 02, 2002

Two days late and a dollar short

By the way, October 31st was also Reformation Day, which I guess is a big deal for the Lutherans and I assume other Protestants. [Honest to heaven, up until a few years ago I had never even heard about it. But, then, my Mennonite partner just learned that the Perpetual Virginity of Mary isn't some recent Catholic innovation, but goes right back to the beginning.] Bill Cork at Ut Unum Sint writes about his own special connection with Reformation Day.
Syncretism and the First Amendment

The OmbudsGod has a take on syncretism in society. His post appears to be an extends my observation that I would not be comfortable in a syncretic quasi-religious organization to a discussion of how the issue of syncretism applies to the perennial issue of posting the 10 Commandments in court houses.

Actually, I think he has a fair point. I am an agnostic on the incessant debates over school prayer and the posting of the 10 Commandments [and teaching creation in schools.] I don't think that the Republic will fall if either side wins its point. I am philosophically on the side of those who want greater, not less, involvement of religious expression in the "public square." [Or, to put it another way, I view the knee-jerk opposition of a certain class against such expressions to be naked bigotry and an attempt to coerce others to share their views.]

On the other hand, I have to acknowledge that I belong to a religious minority. Public expressions of religiousity would not be part of my religious traditions, and I could well imagine the reaction if Catholic themes worked their way into the public square. Hence, while the evangelicals at my Rotary club can end their invocations with naked Protestant religious expressions, I couldn't imagine anyone beginning an invocation with a hearty "In the name of the Father....." That would be viewed as sectarian.

And at some level that's the problem with the posting of the 10 Commandments. To a certain group - fundamentalists, perhaps - the 10 Commandments are not a religious expression. It is merely an expression of pure ethical precepts because their religious heavy lifting has already been done. And they are right. But to others it is obviously religious, because those people don't share the same assumptions about where religion ends and ethics or culture begins.

My view is that this is an area where courtesy, and not legal principles, should control so long as no one is compelled to participate. If there had a been a regime of school prayer, I would have opted out. School prayer would have been so generic as to be meaningless. When my Ukrainian Orthodox biology teacher who was a creationist had a debate on evolution in class, I took the evolution side and won. No one is threatened by the practice of school prayer or the teaching of Creation as long as belief or behavior is not compelled. I think Scalia had the better view of human behavior in his dissent in Lee v. Weisman, 505 U.S. 577 (1992):

The Court declares that students' "attendance and participation in the [invocation and benediction] are in a fair and real sense obligatory." Ibid. But what exactly is this "fair and real sense"? According to the Court, students at graduation who want "to avoid the fact or appearance ofparticipation," ante, at 8, in the invocation and benediction are psychologically obligated by "public pressure, as well as peer pressure, . . . to stand as a group or, at least, maintain respectful silence" during those prayers. This assertion--the very linchpin of the Court's opinion--is almost as intriguing for what it does not say as for what it says. It does not say, for example, that students are psychologically coerced to bow their heads, place their hands in a Dürer like prayer position, pay attention to the prayers, utter "Amen," or in fact pray. (Perhaps further intensive psychological research remains to be done on these matters.) It claims only that students are psychologically coerced "to stand . . . or, at least, maintain respectful silence." Ibid. (emphasis added). Both halves of this disjunctive (both of which must amount to the fact or appearance of participation in prayer if the Court's analysis is to survive on its own terms) merit particular attention.

To begin with the latter: The Court's notion that a student who simply sits in "respectful silence" during the invocation and benediction (when all others are standing) has somehow joined--or would somehow be perceived as having joined--in the prayers is nothing short of ludicrous. We indeed live in a vulgar age. But surely "our social conventions," ibid., have not coarsened to the point that anyone who does not stand on his chair and shout obscenities can reasonably be deemed to have assented to everything said in his presence. Since the Court does not dispute that students exposed to prayer at graduation ceremonies retain (despite "subtle coercive pressures," ante, at 8) the free will to sit, cf. ante, at 14, there is absolutely no basis for the Court's decision. It is fanciful enough to say that "a reasonable dissenter," standing head erect in a class of bowed heads, "could believe that the group exercise signified her own participation or approval of it," ibid. It is beyond the absurd to say that she could entertain such a belief while pointedly declining to rise.


On its face, the Constitution prohibits religious tests and the establishment of religion; it doesn't forbid the incidental mention of religious expressions. [And, it doesn't require them either.] Setting the notch for constitutional concern higher than perceived government endorsement of religioun might do wonders in creating an environment of true tolerance and respect for diverse opinions and traditions. Showing a respectful silence when someone else is praying doesn't mean you've converted. Walking past the 10 Commandments doesn't mean you've become a "Judeo-Christian." I'd probably just ignore it, and vote against the Council members who voted for it.
More from the Stupid White Moore file

Rachel Lucas: Dear Mr. Moore, You are a Stupidity Supremacist.

Friday, November 01, 2002

Topical seasonal reference

Sorry I didn't pick this up two days ago.Verus Ratio was blogging out of Salem on Halloween.

How cool is that?
It's celebrate diverse opinions week

ibidem links to a news story on Darrell Lambert. Mr. Lambert is yet another Eagle Scout who finds that the Scout Oath he has been reciting throughout his Scouting career cramps his atheist belief system. So he wants the Scouts to change their belief system to accommodate his belief system.

Obviously, the legal issue has already been decided against him. The Scouts' First Amendment right to associational privacy trumps any state action against them. But the real issue is protecting the sphere of private choice. Scouting is a private association. Lambert can join, or not, depending how its ethical system fits his ethical system. Or he can join some other group with more congenial views. And while the Scouts are not requiring Lambert to change his beliefs [except to the extent that he chooses to associate with Scouting.]

There is also the not insignificant diversity issue. A diversity of opinion would be reduced under a regime of state-compelled editing of the Scout oath; everyone has to agree with Lambert. Under the other side, diverse opinion are possible. Lambert can agree with the Scouts, Lambert and the Scouts can disagree, or, finally, the Scouts may come to accommodate Lambert. Seems like if you favor diverstity or choice, you have to be in favor of the Scout's right to set up their own membership rules.

Apparently, that concept is not as obvious as it sounds.
The Accidental Tourist

Rand Simberg went to Hawaii and discovered an odd shortage of consonants.
Lileks contra Mondale.
Summa Contra Mundum explains why every Protestant ought to individually reenact the Reformation, or else join the original church.

Wednesday, October 30, 2002

William Sulik has a link to this Salon article on the modern holiday of Halloween.
One Pilgrim's Walk. I think this is a blog out of Fresno also.

Update: Mr. Muncey advises that he is blogging out of Merced, but he is in the Diocese of Fresno. So I keep the title of the "most respected blog in north-central Fresno county. Go check out his site.
More on the Freemason threat

Mark Byron has another post on the Freemasons and points out that the Southern Baptists, the Assemblies of God and Missouri Synod Lutherans have edicts against membership in the Freemasons just like the more toney and respectable high church orthodox types [just a gratuitous swipe to see if you're paying attention.] Just exactly who are the members the Freemasons? Episcopalians?
Keep your eye on Kathryn Lively. It looks like she has some strongly heretical Quaker tendencies.

On the other hand check out these results from the Beliefnet test:

1. Eastern Orthodox (100%)
2. Roman Catholic (100%)
3. Mainline to Conservative Christian/Protestant (86%)
4. Seventh Day Adventist (82%)
5. Orthodox Quaker (80%)
6. Mainline to Liberal Christian Protestants (72%)
7. Orthodox Judaism (69%)
8. Sikhism (60%)
9. Islam (59%)
10. Bahá'í Faith (57%)
11. Church of Jesus Christ of Latter-Day Saints (Mormons) (52%)
12. Hinduism (51%)
13. Reform Judaism (49%)
14. Liberal Quakers (47%)
15. Jehovah's Witness (46%)
16. Unitarian Universalism (37%)
17. Christian Science (Church of Christ, Scientist) (32%)
18. Jainism (26%)
19. New Thought (22%)
20. Scientology (22%)
21. Mahayana Buddhism (20%)
22. Neo-Pagan (20%)
23. Theravada Buddhism (19%)
24. New Age (18%)
25. Nontheist (17%)
26. Secular Humanism (14%)
27. Taoism (12%)

Truly Great Moments in Sports and Life

Instapundit.com posts on virtue, and wouldn't it be great if this kind of thing happened in elementary and secondary schools.
That was one odd "memorial service."

Fox News carried the Wellstone "memorial" service. I watched the part with Wellstone's son ruing that he wouldn't be able to horn in for a moment at the victory celebration next Tuesday, a victory celebration that he would certainly be at this Tuesday, and then he was thanking everyone for putting on such a great event.

Now, we all demonstrate grief differently, but it took me well into this guy's speech to realize this was the guy who had just lost his mother, father and a sister. I thought he was a local celebrity warming up the crowd or the media manager for the Wellstone campaign.

Rand Simberg agrees. Jesse Ventura found the whole event tacky. And Jonah Goldberg nicely deconstructs the meaning of this tasteless event:

That is what was so offensive about that rally: It shamelessly used Wellstone's death for partisan advantage while its organizers cynically accused their opponents of doing precisely that. Blaming others for something awful you've done is perhaps the defining attribute of Bill Clinton and his legacy on the Democratic party.


There may be no deep meaning here. Actually, Simberg is right. It was macabre.

Tuesday, October 29, 2002

Is it important to have good teeth for your job?

The Raven has a link to a "counterscript" you can use to turn the table on telemarketers. Here is the link to the script. You can print it out and have it ready by your telephone. I like the idea of working your way through the script and finding out what kind of toothpaste the telemarketer prefers.

Go forth and prosper.
VodkaPundit is absolutely right. The period between 1968 and 1983 were scary and awful. As my ode to Jimmy Carter notes, my cohort of the baby boomer generation came pretty close to reaping the whirlwind that the older cohort had sown.
Why we don't trust the media

[Via Ombudsgod] Harry Stein, who at one time wrote the ethics column for Esquire, describes how he was smeared by the media.

Further Reflections: On further thought, Stein was smeared by the "media." He was smeared by a particular newspaper, manned by unrepetant leftists with a political agenda to "bork" a possible appointee to the Federal Reserve Board. However, these tactics are all too common. But don't call what happened to Stein "McCarthyism;" the left has the trademard on that.

Monday, October 28, 2002

This will make Larry, the Serbian Orthodox Cowboy, famous.

The View from the Core - Guest Column 10/28/02
Preliminary observations on Freemasons and other scary things

The principle problem with being part of a secret conspiratorial group dedicated to world domination is that everyone takes you too serious and your power is never anywhere near what it is advertised to be. [The only exception to this rule are the Stonecutters: famous for the mantra:

Who controls the British crown?
Who keeps the metric system down?
We do! We do!Stonecutters .]


Take the Freemasons, for example. For a super-secret organization controlling the business and financial sinews of early America (quick look at your money), they had the unenviable record of being taken down by rural rubes during the 1820's. The Anti-Masonic movement was kicked off by the belief that the Masons had fixed a murder trial [See this pro-Mason site for details of the murder], fueled the Anti-Masonic political parties which formed one tributary leading to the Whigs, and eventually led to the election of the illustrious12th President Of The U.S., Millard Fillmore, who started his political career as a delegate to an Anti-Masonic party conference.

Which pretty well establishes that one way to attract attention is to be a secretive conspiratorial group.

Joshua Claybourn' wrote a post on the subject of Masonry, asking why Masonry is such a concern. I frankly don't know. I provided a comment that suggested that the principle concern was that Freemasonry was syncretic. By promoting a view of the Brotherhood of Man, Freemasonry implicitly or explicitly viewed Christianity as being a sect or cult, no different than any other cult or sect. Joshua's response was that view was incorrect and that Masonry demanded only an adherence to a belief in God, but that all other views were acceptable.

Maybe so. Let's be clear here. I don't have a brief against Masonry, but the Masonry has historically had a touch-and-go relationship with the rest of society. The uneasy relationship between Masonry and everyone else has traditionally rested on two concerns: (a) Freemasonry traditionally presented itself as secretive and conspiratorial and (b) it purported to offer a religious view which its adherents contended was superior to revealed religion. Perhaps, the Masons of today are nothing more than Rotary with funny hats and strange rituals which no one takes seriously anymore, but there is evidence that, once upon a time, people did take it all very seriously. The odd history of the pre-Whig parties is one example.

Likewise, other traditional religions, such as the Greek Orthodox, have adopted a position similar to that of Catholicism.

This post offers a Catholic position on the problems of Masonry, which are viewed as (a) conspiracy and (b) the promotion of a "rational" or "natural" religion.

And here is another post with a long excerpt from Cardinal Law about Catholic perceptions concerning Masonry:

Perhaps a religious naturalism is better than no religious belief at all, but for the professing Christian it represents a retreat from the Gospel. ...Not only does Freemasonry see itself as a religion, but it sees itself as the universal religion, while Christianity is simply another of the dozens of sects whose particular opinions have divided mankind over the ages. ...Its religion is that general one of nature and primitive revelation—handed down to us from some ancient and patriarchal priesthood — in which all men may agree and in which no men can differ. It inculcates the practice of virtue, but supplies no scheme of redemption for sin...


Are these perceptions correct? I would be suprised if they were not correct at one point in the history of Freemasonry. Freemasonry clearly developed during the Enlightenment and sought to promote the philosophies of the Enlightenment. The ideas of "natural" religion and Chirstianity being a sect on a par with other sects was entirely consistent with Enlightenment ideas. Has it moved away from those founding ideas? I'm sure it has. Do we have better things to worry about than that the Masons were about to overthrow established relitions? I wish we had nothing better to do; it would beat talking about terrorism.

Finally, it is true that an organization that demands simply a belief in God is not necessarily syncretic. I belong to Rotary, and while religious belief is not a requirement, Rotary meetings do start with invocations that are typically quite vanilla in mentioning "God" or "Lord" and do not get into specifics. [Interestingly, the strong fundamentalist/protestants, i.e. "Christians," in the group usually take exception to this practice as watering down true religious belief. In other words, they are concerned with a tendency to syncretism in Rotary. Me, personally, I tend to ignore the invocation since it's not a part of my faith. So we all work out the issue of syncretism in our own ways.] But Rotary doesn't come equipped with a philosophy that may have the effect of displacing subsidiary religious tenets. That is probably where the problem with Masonry is perceived, and that may frankly remain a serious concern. For example, if Rotary began to require its membership to believe in a Supreme Being and wrapped itself up in religious rituals and blood-oaths and made no distinctions between Islam, Budhism or Christianity, I would be out of there in a flash. That may not seem enlightened in this day and age, but to me the First Commandment means that a person shouldn't put himself in a position where he may have a religious "conflict of loyalty." I may respect, admire and love my fellow Rotarians, but not all of them are taking the same path to salvation as that which has been laid out for me and I can't pretend that they are.

Again, I suspect that the rituals and funny hats aspect of Masonry aren't taken seriously anymore. My point, though, has been to look at the issue of why Masonry has provoked the widespread reaction it actually has provoked.
Thank Goodness for NRO because I couldn't find this story at the Fresno Bee Online site

Court unseals documents naming Davis in fund-raising case.

Going to the story, it sounds thin. No details are provided about Davis' involvement in Nathanson's bribery claim. Purportedly Davis "approached" Nathanson to "assist" friends and supporters with matters before the California Coastal Commision. The article doesn't mention pay-offs or bribery. "Approaching" beauracrats to "assist" friends and supporters is called "politics." On the other hand, it is interesting that Davis has been fighting the release of these documents for two years. But it doesn't sound like any fireworks are going to emerge until after next Tuesday.

I would normally suspect the Bee of suppressing news that would inconvenience Democrats, and they certainly have a track record for doing that, but the instigator of the release appears to be the Sacramento Bee, which is a sister publication of the Fresno Bee (and of some Minneapolis newspaper. The StarTrib???) So, it doesn't seem a matter of policy so much as a tardy internet maintenance system.

Sunday, October 27, 2002

Ipse Dixit is getting Durer's woodcut "The Four Horsemen of the Apocalypse" tattooed on his back. OK. Interesting subject. Why not something from Hieronymus Bosch?

Or Van Gogh's "Starry Night."

Penner would want "Night Hawks."

Just thinking out loud here.
This is worth another decade of penance

As long as I'm in a Michael Moore loathing state of mind, let me direct you to Rachel Lucas's post aptly entitled "Michael Moore, you are such an idiot." Reading it inspires such a good feeling of loathing for that pompous vermin that it must be sinful. [I mean the good feelings the post inspires, not the post.] Though, I can't precisely identify what sin it might be. Calumny perhaps. [Good sin, calumny, and not carcinogenic.]
Remember Michael Moore, who only wanted to know on September 11 why a state that had voted for Gore had been unfairly targeted. Well, according to this review, Michael Moore's latest movie bites. Just thought you should know. Pass it on.
I just found another Fresno blogger at phemy's Xanga Site. Now that there is someone else out here, I may have to relinquish the title.

Saturday, October 26, 2002

The coming Ice Age.

Increasingly salty Mediterranean favors ice sheet growth. As they say, developing....
Credit where credit is due department

According to Andrew Sullivan, Michelle Malkin deserves credit for questioning the assumption that the sniper serial killer was white.

Friday, October 25, 2002

Today is the Feast Day of the Forty Martyrs of England and Wales. Go to this link to learn about the individuals in this group who lost their lives to the side that conventionally is depicted as being on the side of tolerance and liberty.
Here is Jonah Goldberg's thoughts on the interesting phenomenon of the media constant loud proclaimation that the sniper had to be an "angry white male" compared to the muted commentary on his actual profile as a convert to Islam.

Thursday, October 24, 2002

Mon Dieu

California falls to France. See: this site.
Killer Zombie alert

The OmbudsGod is doing his part to combat the Killer Zombie of "factoids" that become a part of urban legend. In this case, dealing with domestic violence, rape and the percentage of men who molest. Let's be ever vigilant against those Killer Zombies who refuse to die.
Western Civilization sans Western Europe

Brothers Judd Blog, the Hegel of Blogville, has an astute essay on why Europe will not overtake America as an economic or cultural hegemon. Judd writes:

Ultimately, what is most wrong about this essay is that it is premised on a Wilsonian belief that nations are a function of race. Mr. Kupchan seems to think that Europe got where it is and will stay there or rise higher because of Europeans. In fact, it was Western Civilization as a whole that elevated Europe and that made it and its bastard children, from America to Australia, into "The West". It was ideas, not people. That is why the epicenter of the West is located today in the United States, a society more diverse than any other on Earth, which turns Latinos, Africans and Asians, and Jews, Hindus, and Moslems, as well as European Christians, into genuine Westerners. And just as the ideas that make up Western Civilization--freedom chief among them--have proven eminently salable to people of other cultures here in America, so these ideas have caught on in several significant non-European countries and are straining to break through in several others.


Read the full essay.
As Robert Heinlein said "It doesn't pay for a prophet to be too precise."

I hope you all remember when the media was profiling the sniper as a white male between 20 and 40 with conservative political leanings who it was that said it would turn out to be an African-American male convert to Islam.

Nah, it wasn't me.

But it wasn't the professionals either.
Big Media Looking Stupid

Editors, J-School and a professional esprit de corps and according to Amish Tech Support, they still can't find Alabama with "both hands and a map."
Perpetual Virginity of Mary explained, and, yes, I'm talking to you, Penner.

Excuse the internecine office squabble going on with my Mennonite partner. Penner has been smirking at me for a while about the concept the St. Joseph would have put up with a PV wife. I suggested that judging the mores of a First Century Jew by 21st century standards was fairly parochial, and that St. Joseph was no more likely to have "relations" with the Mother of God than he was to have "relations" in the Holy of Holies. He accused me of being condescending. I logically counterpointed by threatening to call the INS.

Anyhow, Mark Shea makes the point better than I can. [Which is why he makes the big money with his blog.]

Come to think of it, it was Shea's post on the discovery of the ossuary of "James" that kicked off this latest round of the Thirty Years War.
One of the fun things about having a blog site is to see where people are coming from. I have run across some good, eclectic sites that way. This one is interesting - Forums - Vatican rejects plan to deal with child molestors. Apparently, this is a bulletin board for afficionados of "Shadow Run," which I assume is some Dungeons and Dragons-like game premised upon Science and Magic in the far future, or I could be wrong. Anyhow, there is a rip-roaring discussion going on over there about whether there is a Constitutional basis for the priest-penitent privilege. The answer is "no, but there ought to be." It's amazing, though, the interests groups that are organized out there on the web, and what catches their interest. [Although someone who runs a Catholic/law/history/science-fiction oriented blog can't afford to be too judgmental.]

Tuesday, October 22, 2002

More WW II History

I really am not that interested in WW II history. It's too recent to be really interesting; which, oddly, is why it should be interesting. For example, the guy who taught me to fence sabre was a Polish POW during the war and I remember talking to him about his experiences during the first days of the war. He was fortunate to be assigned to the German front, or he would have been murdered like his fellow officers.

Anyhow, I got into an argument with the other partner last night about - of all things - the significance of American supply to the Soviets. That partner is stealth leftist and got very emotional when I asserted that American supplies were substantial and material to Soviet success. I was hooted at for among other things suggesting that the allies could even get supplies to Russia. I pointed out - accurately that supply went through Archangel, and had to explain where Archangel was, only to be told that it was frozen 6 months of the year. I suggested supplies over the Himalayas, but if memory serves that's how the Chinese Nationalists were supplied. I completely forgot the importance of the Persian corridor.

Anyhow, feeling like I had dropped into an alternate universe, I did some web research. Here's, what I turned up:

Lecture 14: The Origins of the Cold War:
This was obviously a major shift in policy for under the Lend-Lease Act of 1941, the United States had shipped enormous quantities of war materiel to the Soviets, including almost 15,000 planes, 7000 tanks, 52,000 jeeps and almost 400,000 trucks


Which shows substantial raw numbers, without showing how significant this was to the Russian war effort. So, let's go to....

STALIN'S YANKS: Lend-Lease Vehicles on the Eastern Front:

During the early days of Operation Barbarossa, when the Red Army was losing a hundred or more of its obsolete battle tanks and inadequately armed and armored "tankettes" each day to the advancing Germans, Stalin approached the Allies with urgent requests for all manner of military and humanitarian aid. At the time, only Britain was able to respond (and it had its own problems in the Western Desert) and deliveries of aircraft, vehicles, and strategic materials were underway by September, 1941. By June 30, 1942, the expiry date of the first Aid Protocol hammered out between the new Allies, over 3,000 aircraft, 2,000 tanks, 30,000 other vehicles, and hundreds of thousands of tons of fuel, oil, and other necessities had made their way to Russia.
By the end of the war, the Allies had sent over 14,000 aircraft and 12,000 battle tanks. This represented about 10% of the total Russian production during the war in either category. The Allies also sent at least 425,000 trucks, halftracks, and other assorted motor vehicles - more than the Germans produced during the war and far more than the Soviets were able to produce for themselves. Certainly one of the most important ingredients in the eventual Soviet victory was the 6x6 Studebaker truck.


That's better. Also, the importance of the transport vehicles - jeeps and Studebakers - can't be minimized. My recollection is that a majority of Soviet transportation was American by the end of the war. Here's another interesting source...

Soviet Union Factbook - Lend-Lease:

The role of Lend/Lease AFVs in the Soviet war effort has been the source of bitter controversy, as some Western statements tell how decisive they were, while Soviet statements generally denigrating it as inconsequential. However, it should not be forgotten that Great Britain sent 14 percent of her's total tank production to the Soviet Union, even though they outproduced Great Britain threefold in tanks, and this in a period when the British Army had a serious shortage of tanks in North Africa. The vast quantities of American trucks with USA serials provided, were so common in Eastern Europe in 1944/45, that common folk-lore interpreted the stenciled letters as Ubiyat Sukinsyna Adolfa - Kill that Son-of-a-bitch Adolf.


Obviously, Stalin didn't view American supply efforts as unimportant. And it really wasn't in light of the fact that it amounted to $11 Billion by war's end. Here is aComplete List of Lend Lease to Russia including atomic materials. If you go through, it you will see that mountains of foodstuff, chemicals and parts were shipped to the Soviet Union - apparently despite the fact that it was impossible to get to them. The significance of parts and chemicals cannot be discounted. War efforts stop when the ball bearings run out.

I just find it amazing that people generally of the left are so emotional about denying the fact that American supply of the Soviet Union occurred, and that that supply played a material role in winning the war.
Burial Box of St. James Found?
The joint Evangelical/Catholic statement can be found at First Things.

Monday, October 21, 2002

Mark Shea links to an article on a recent archeological find of an ossuary from Jesus' time bearing the inscription "James, Brother of Jesus, son of Joseph." [Cue spooky music.] The best part are the comments to the post, where conceptions and misconceptions are ventilated. I particularly like Shea's comment that in the "relic crazed early church," no one claimed any relics of the BVM. It's like everyone made the "assumption" that she made the Assumption.
Neat site with legal resources.LLRX.com Front Page
Neat site with blogging-related articles atLLRX.com Book Store
Testimony

[Via William Sulik] Peggy Noonan writes about the mysteries of the Rosary. I won't pretend to be someone who prays the Rosary, but Noonan makes the attraction of the Rosary real to me.
No Peace Keeps itself.

In On the Origins of War and the Preservation of Peace, the Historian Donald Kagan looks at five conflicts - the Peloponnesian War, the Second Punic War, World War I, World War II and the Cuban Missile Conflict - through the lens of a lifetime of study to distill the causes of war. His conclusion was that no peace maintains itself and that war results from strategic miscalculations where one party fails to act with sufficient strength to win, but not weak enough to avoid conflict. Kagan notes the initial Athenian decision to support Corcyra as a classic of strategic miscalculation. Corcyra was a major maritime power which was threatened by Athen's nemesis, Corinth. Athens couldn't allow Corcyra's triremes to fall into Corintian hands since that would tip the balance of naval power away from Athens.

But Athens didn't want to provoke Sparta by showing strong support for a colony that nominally fell with Spara's sphere of influence. [Corcyra was a colony of Corinth, and Corinth was an ally of Sparta.]

The question facing Athens was whether it should take a hands-off policy to Corcyra, and allow Corinth to become the predominant naval power in the region, or back Corcyra and accept war with Sparta as inevitable.

The answer it chose was to try to take a mid-course, which provoked Sparta and failed to ensure that Corcyra's fleet would be a factor supporting Athens. Athens sent 10 triremes to support Corcyra, which initially took a defensive position in favor of Corcyra, but intervened only when Corcyra's fleet was being destroyed. This lackluster start provoked Corinth and failed to deter Sparta. The Twenty plus years of the Peleponnesian War commenced and ended with Athen's ruin.

Read the rest of Kagan's book for his repeated point for slow learners that charting out a middle point where one power fails to prepare for war or to credibly demonstrate its determination to protect its honor leads to war.

Which brings me to a person who mastered the Athenian policy of too weak to capitulate but not strong enough to win - Jimmy Carter. In The Meaning of Jimmy Carter, Eleanor Clift writes:

When Soviet tanks rolled into Afghanistan in 1979, Carter couldn’t believe the Soviet foreign minister would sit across from him in the Oval Office and lie about his country’s intentions. Carter declined to intervene militarily while various news commentators ridiculed him for his naiveté in trusting the Russians. He pulled American athletes out of the Olympic games scheduled the following year in Moscow, and he angered farmers by barring American grain sales to the Soviet Union. But he didn’t do anything that didn’t come under the broad heading of diplomacy. A decade later, the Soviets left Afghanistan, their army decimated and defeated, and the cold war ended without a missile being fired.


We all know that Ms. Clift has managed to ignore the fact that Ronald Reagan was President during this critical period, and he understood that peace could be maintained by a democracy only if its determination to protect itself was credible. But let me tell you what I was doing during this period when President Carter was bravely facing the uncertainties of the world through nuanced and calculated diplomacy.

I was learning to speak Russian. Like other people my age who emerged into political maturity post-Vietnam, I heard nothing but that the winds of historical change were sweeping away democracy, capitalism and American interests. American military power was a paper tiger. Carter was elected on the promise that he would repudiate the old cold-war mindset. Andrew Young was giving speeches condemning America and Britain as racists in the U.N. Then several years into his presidency, Carter suddenly realized that he really was dealing with lying dictators set on world domination, but because he had communicated to the Kremlin that he was the "prison bitch" of the diplomatic world, Carter had no choice but to up the ante in a fit of overreaction. I remember being 20 at U.C. Davis when the first Afghanistan crisis was emerging amid talk of reinstituting the draft. So I took Russian. It galled me no end to think that I was going to get drafted by this clown who had spent years talking down the military and American patriotism, but was now going to insist that my tail cover his botched view of the world. If I got drafted, I was going into intelligence. Congress went out of session in the summer of 1980, I turned 21 in August - too old for the draft registration that went into effect in October of that year [yes, children, there was no draft registration between 1975 and 1980, and registration was reinstituted under Jimmy Carter], I went to law school that summer, I voted for Reagan with the rest of the post-Vietnam cohort of the baby boom, and, to make a long story short, Reagan won the Cold War. But don't tell me that Jimmy Carter did anything to preserve the peace. Four more years of Carter, and there would have been war because Carter could never have communicated a credible intent to protect American honor and interests to those that he had to concede at the end of his administration were enemies of American democracy.
David Heddle has a Reformed take on a joint unofficial Evangelical/Catholic document on the differences "that are thought" to divide the two groups. It does sound like they went for studied ambiguity at best. At worst [or best, depending on which team you're rooting for], it sounds like the RC's are ahead on points.

Sunday, October 20, 2002

In L.A. Times poll, 15% of priest respondents Identify themselves as Gay or 'on Homosexual Side.'
More deep thoughts from American celebrities

In case you missed this, my Canadian partner Penner put me on to this Woody Harrelson essay in the Guardian entitled “I’m an American tired of American lies.” The essay had the singular effect of provoking Penner about attacks on “our” country. Here’s the essay with my observations:

The man who drives me to and from work is named Woody too. A relief to me, as it minimises the chance of my forgetting his name. I call him Woodman and he calls me Wood. He has become my best friend here, even though he's upset that I have quit drinking beer. He's smart, funny, and there's nothing he hasn't seen in 33 years behind the wheel of his black cab. He drove me for a while before I felt confident he liked me; he doesn't like people easily, especially if they have a rap for busting up black cabs.


I like this introduction. It sets up Woody as a regular guy. I mean he actually talks to the guy who drives him to and from his work. Woody apparently doesn’t know the word “chauffeur” since he uses the circumlocution “drives me to and from work.” Let’s not dwell on why Woody doesn’t want to use the word “chauffeur” since we have all seen Gosford Park and we know what kind of dissipated, useless people have “chauffeurs.”

Anyhow, Woody’s not like the typical plutocratic parasite who doesn’t even notice that his chauffeur exists. Woody’s cool, as can be seen by the fact that Woody has reached a level of sympatico with this guy who is older than him, employed by him, doesn’t go to the same parties as he does, and doesn’t have his political views. But obviously if you’re on the left you had better have some actual member of the working class to vouch for you, and Woodman will have to do.

Woodman and I agree about a lot of things, but one thing we can never agree about is Iraq. He thinks the only language Saddam understands is brute force. I don't believe we should be bombing cities in our quest for one man. We've killed a million Iraqis since the start of the Gulf war - mostly by blocking humanitarian aid. Let's stop now. Thankfully, most of the Brits I talk to about the war are closer to me than to Woodman. Only your prime minister doesn't seem to have noticed.


Most of the Brits he’s talked to???? Woodman is obviously not an authentic member of the working class. Probably, Woodman hobnobs with Labor politicos, attends all the best SoHo parties and gets to write long screeds in the Guardian, while “Wood” goes to the local pub.

I have been here three months doing a play in the West End. I am having the time of my life. I love England, the people, the parks, the theatre. The play is great and the audiences have been a dream. Probably I should just relax, be happy and talk about the weather, but this war is under my skin - it affects my sleep.


Great profile in courage moment. Suck up to the readership, why don’t you.

I remember playing basketball with an Iraqi in the late 80s while Iran and Iraq were at war. I didn't know at the time that the US and Britain were supplying weapons to both sides. I asked why they were always at war with each other and he said something that stayed with me: "If it were up to the people, there would be peace. It's the governments that create war." And now my government is creating its second war in less than a year. No; war requires two combatants, so I should say "its second bombing campaign".


This is a real attempt at profundity. But it lacks any kind of real thought. I mean, there was no war between Iraq and Iran when the evil Shah [see later] was in power. The corrupt American foreign policy that propped up the Shah thwarted the will of the people who gave the corrupt American foreign policy the old what-for, and the next thing you know millions are dying as (a) the Iranian government attempts to unseat the godless Baathist regime and expand the revolution and (b) the corrupt Baathist regime attempts to capitalize on the shambles the revolution has made of the Iranian military and expand its hegemony. Odd, though, it seems that the answer might be to realize that sometimes the old corrupt government that recognized the virtue of regional stability but thwarted the will of the people might have some virtue, and this might be a reason to favor policies that may lead to changes in current noxious governments, but wouldn’t that be considered “imperialistic” by “Wood.”

The claim that America supplied both sides of the war is true only to the extent of Iran-Contra and American desires - however misguided - to obtain the release of political prisoners held by terrorists. [Check out this site.]

I went to the White House when Harvey Weinstein was showing Clinton the movie Welcome to Sarejevo, which I was in. I got a few moments alone with Clinton. Saddam throwing out the weapons inspectors was all over the news and I asked what he was going to do. His answer was very revealing. He said: "Everybody is telling me to bomb him. All the military are saying, 'You gotta bomb him.' But if even one innocent person died, I couldn't bear it." And I looked in his eyes and I believed him. Little did I know he was blocking humanitarian aid at the time, allowing the deaths of thousands of innocent people.


Argh, and that man was our president. Why couldn’t Clinton have looked at this pampered poseur and told him to mind his own damned business? Anyhow, it looks like Woody had some effect on American foreign policy since America didn’t bomb Iraq.

I am a father, and no amount of propaganda can convince me that half a million dead children is acceptable "collateral damage". The fact is that Saddam Hussein was our boy. The CIA helped him to power, as they did the Shah of Iran and Noriega and Marcos and the Taliban and countless other brutal tyrants. The fact is that George Bush Sr continued to supply nerve gas and technology to Saddam even after he used it on Iran and then the Kurds in Iraq. While the Amnesty International report listing countless Saddam atrocities, including gassing and torturing Kurds, was sitting on his desk, Bush Sr pushed through a $2bn "agricultural" loan and Thatcher gave hundreds of millions in export credit to Saddam. The elder Bush then had the audacity to quote the Amnesty reports to garner support for his oil war.


Jeez, Louise. Make up your mind. Either we blocked foreign aid, or we didn’t. It is a sad fact of life that money is fungible. If we provide Saddam with agricultural subsidies, that frees up money he can use to fund his secret police and nuclear arms development program. And why do the Iraqis and Saddam get a free pass in this. If it wasn’t for a secret policy apparatus of Soviet proportions, the Iraqis could have thrown out the person responsible for the continuation of the sanctions, or alternatively Saddam could have decided to de-militarize and allow free inspections of everything and ended the inspections. Or he could have liquidated his artwork, bank holdings and palaces and built hospitals and bought food. So, where is the locus of responsibility here?

A decade later, Shrub follows the same line: "We have no quarrel with the Iraqi people." I'm sure half a million Iraqi parents are scratching their heads over that. I'm an American tired of lies. And with our government, it's mostly lies.


The money graf. So good of Wood to provide aid and comfort to opponents of America in the foreign press. By the way, the half-million number is an extrapolation of declining death rates in the 80's compared to actual death rates in the 90's. The numbers are obviously cooked and undependable. Nonetheless, a fair question is, would a dictatorship committed to military adventurism have simply killed off a larger number of children in some other way? Who knows? After all, in the Iran-Iraq War (1980 -1988) which was started by Iraq because of Iran’s instability, the Iraqis suffered an estimated 375,000 casualties, the equivalent of 5.6 million for a population the size of the United States. Then, came Kuwait. What would have been next? A nuclear attack on Tel Aviv, followed by an overwhelming Israeli nuclear response? A preemptive Israeli nuclear attack, perhaps? History is all contingency, and statecraft is often simply ad hoc efforts to prevent even worse foreseeable outcomes.

Again, though, one might think that Iraqi parents would scratch their head and say, well, maybe their suffering has something to do with the fact that Saddam invaded Kuwait, got Iraq’s butt kicked after being told to withdraw, engaged in eco-terrorism by torching Kuwait’s oil fields for no rational or military reason, has a secret police that tortures opponents, and is hoarding Iraq’s wealth instead of spending it on food and medicine. But, perhaps, that would expect too much from the spear carriers in Woody’s script.

The history taught in our schools is scandalous. We grew up believing that Columbus actually discovered America. We still celebrate Columbus Day. Columbus was after one thing only - gold. As the natives were showering him with gifts and kindness, he wrote in his diary, "They do not bear arms ... They have no iron ... With 50 men we could subjugate them all and make them do whatever we want." Columbus is the perfect symbol of US foreign policy to this day.


Woody apparently harbors a virulent bigotry against the Italians. Or against Hispanics. What is it about “darker” Southern Europeans that Woody fears. By the way, what does this have to do with Woody’s thesis about American perfidy in Iraq. It isn’t American government that “lied” about Columbus. The depiction of Columbus as a hero who set sail into the unknown despite skepticism - all of which is true incidentally - is a product of American culture.

This is a racist and imperialist war. The warmongers who stole the White House (you call them "hawks", but I would never disparage such a fine bird) have hijacked a nation's grief and turned it into a perpetual war on any non-white country they choose to describe as terrorist.


Woody is counseling war against France? Cool. Let’s go. But seriously, folks, I hadn’t heard that Belgium was a major supplier of Islamo-fascist terrorism, or controlled by a megalomaniac with a police state apparatus [look up just 6 paragraphs ago] attempting to acquire nuclear weapons. I like to think that if Croatia ever looks like Iraq, we will treat it like Germany in 1945.

To the men in Washington, the world is just a giant Monopoly board. Oddly enough, Americans generally know how the government works. The politicians do everything they can for the people - the people who put them in power. The giant industries that are polluting our planet as well as violating human rights worldwide are the ones nearest and dearest to the hearts of American politicians.


Hence, the EPA, the Clean Water Act, the Clean Air Act and policies regarding the National Forests and Parks.

But in wartime people lose their senses. There are flags and yellow ribbons and posters and every media outlet is beating the war drum and even sensible people can hear nothing else. In the US, God forbid you should suggest the war is unjust or that dropping cluster bombs from 30,000ft on a city is a cowardly act. When TV satirist Bill Maher made some dissenting remarks about the bombing of Afghanistan, Disney pulled the plug on him. In a country that lauds its freedom of speech, a word of dissent can cost you your job.


The horrors. A dull poseur who liked to pride himself on being “politically incorrect” by uttering politically correct nonsense irks the public, and the people who own the program respond to public demand. Normally, that kind of responsiveness is considered a good thing by the people Woody likes to hang with when he’s not bonding with his chauffeur and other servants, such as when the gays went after Dr. Laura and the left went after Coors beer or table grape growers for their politics. But, hey, it’s America. If Woody want to take the money he spends on chauffeurs and subsidize a show for Bill Maher on late-night, he can do it. No one will watch, but he can do it.

I read in a paper here about a woman who held out the part of her taxes that would go to the war effort. Something like 17%. I like that idea, though in the US it would have to be more like 50%. If you consider money as a form of energy, then we see half our taxes and half the US government's energy focused on war and weapons of mass destruction. Over the past 30 years, this amounts to more than ten trillion dollars. Imagine that money going to preserving rainforest or contributing to a sustainable economy (as opposed to the dinosaur tit we are currently in the process of sucking dry).


This is a great idea. I personally am withholding money for (a) Clinton’s legal fees, (b) the substantial reserve liability that I as a taxpayer have for future sexual harassment claims that may arise because the “CEO” of my “corporation”couldn’t understand that you are not allowed to sexually gratify yourself with employees at the workplace and then hand out governmental jobs as a perk, (c) anything having to do with public improvements in West Virginia, (d) any subsidy having to do with abortion, and (e) anything else I can think of.

What, we don’t get to pick and choose that way?

I give in to Woodman, and we stop for a few beers. He asks me what I'd do in Bush's shoes. Easy: I'd honour Kyoto. Join the world court. I'd stop subsidising earth rapers like Monsanto, Dupont and Exxon. I'd shut down the nuclear power plants. So I already have $200bn saved from corporate welfare. I'd save another $100bn by stopping the war on non-corporate drugs. And I'd cut the defence budget in half so they'd have to get by on a measly $200bn a year. I've already saved half a trillion bucks by saying no to polluters and warmongers.

Then I'd give $300bn back to the taxpayers. I'd take the rest and pay the people teaching our children what they deserve. I'd put $100bn into alternative fuels and renewable energy. I'd revive the Chemurgy movement, which made the farmer the root of the economy, and make paper and fuel from wheat straw, rice straw and hemp. Not only would I attend, I'd sponsor the next Earth Summit. And, of course, I'd give myself a fat raise.


And this would solve the problem of Woody’s child being vaporized by a long range Korean nuke, or being killed as collateral damage by an Islamo-fascist, exactly how? Just by good vibes?

Woodman drops me at home and I ask if he likes my ideas. He offers a reluctant "yes". As he pulls away he yells out, "But I'd never vote for a man who can't handle a few pints at the end of the day!"


Great, Woody. Your chauffeur agrees with you. Or, maybe he is too polite to say directly what he really thinks. If you remember Gosford Park, you might have remembered how people “in service” could talk past their dim-witted “betters.”

Your chauffeur thinks you are a lightweight.

But, then, because you had the fortune to have a minor role playing a dim-wit on an already successful situation comedy, you now get ink to spread natterings that any intelligent person outgrew by the second year of college. You get to plant notions, that get spread as gospel truth, and you get to undermine your country’s foreign policy, making war more likely since dictators love to believe that dissent in a democracy means weakness.

As my friend Larry, the Serbian Orthodox cowboy, likes to say, "nice piece of ranchwork."

 
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