Archive for 2004

Unfathomable Loss

December 29th, 2004 by michael

I am having a hard time wrapping my brain around the loss in Southern Asia (and surrounding areas). As of today, 76,000 people are dead and they believe that the number is certain to go up in the coming days as they reach remote islands with poor or no communication networks.

When I localize these numbers, the sheer volume of the loss comes into focus, but does not become anymore fathomable.

The Tsunami took the equivalent of my entire hometown and half again…

I offer my prayers to the survivors, the displaced, and the families of those lost - though they seem so insufficient.

Like Internet Access for Chocolate

December 29th, 2004 by michael

I swear to God… Internet Access has become water for me (which raises a very important question: Can Jesus walk on Internet access?)

I am holed up in my second favorite coffee shop, here in Cleveland. I’d like to give a shout out to Case Western Reserve University for providing free Wi-Fi for all Arabica customers.

I just got back from the land of my forefathers. It was shockingly cold for the south. But nothing like the 14 inches of snow my brother and I faced when we returned home. There was so much snow that we couldn’t get into our house without a little digging.

Last semester left me so brain dead, that I haven’t caught up on the movies I wanted to see or the books I wanted to read. I have, thanks to Qusiesoo (I’d give you a link, but this talented writer has thus far resisted my entreaties that she begin a blog), caught up on nearly the entire second season of the West Wing.

I survived 30 (now on the other side, I can face the famished 8 with impunity). I want to thank all the folks that came out. Friends from every city I have ever lived in came into DC to celebrate. It was fabulous.

(I have always appreciated the shuffle feature on music devices, but combining that feature with the mobility of the iPod is just awesome. Who knew Ani Difranco could seamlessly flow into Jay Lib?)

From The Birds comes this belly-achingly funny video of a Honda robot prototype that can “run” at 3Km an hour.

(I haven’t been right since…)

Ok… I gotta lot of catching up to do.

Over and out.

NASA Plans To Reach Out And “Touch” Tempel 1

December 20th, 2004 by michael

Let me first come out and say publicly - I am for science.

But this sounds like a bad idea.

“As any field geologist knows, in order to understand the object you’re looking at, you have to reach out and give it a tap with your hammer,” said mission co-investigator Donald Yeomans, of the Jet Propulsion Laboratory, where the mission is being managed. “In this case, we’re going to smack it with an 800-pound impactor.”

The “it”, in this case, is a comet.

“There’s a betting pool within the science team as to what exactly will happen,” said Yeomans. “Most of the money is going on the idea that comets formed from agglomerating dirty chunks of water ice. Under that theory, we’d expect to see a large crater about the size of the Rose Bowl Stadium (in Pasadena, California).”

Has anyone made a bet that something unforseen and catastrophic will occur? This sounds too much like some kids putting a halfstick in a tree trunk to “see what happens”.

I do give a pound [1] to the NASA scientist that named the spaceship that will fire the rocket. NASA named it Deep Impact.

=-=-=-=-=
[1] To hit fists with your home dawgs (courtesy of Urban Dictionary)

I Am SO Done

December 20th, 2004 by michael

That is all. No seriously. That’s it.

Do I Dare To Eat A Peach?

December 18th, 2004 by michael

On Wednesday, I turn thirty. I have to spell it out. I haven’t come to grips with the three. It looks too much like a hungry 8, mouth open, waiting to devour me.

I have never really cared about my age. I once had to console a friend as she cried on her front steps, her birthday party rocking in the distant background. I remember thinking, “Good lord kiddo - we are so young.” Something about reaching a quarter century struck a nerve with her. I didn’t understand.

Billy Collins, upon hearing that a favorite singer of his had died, wondered whether one might feel a faint sensation as one passed over the exact midpoint of one’s life…

When you think back on your life, what do you remember? I have more memories of me reflecting on my life than I have of my actual life (can reflection and living be separated?). Every year, it becomes more difficult to recollect the sadness in her eyes as she told me it was over. But I can remember every detail of the following weeks as I struggled to understand. I am still convinced that Pink Floyd wrote “Coming Back To Life” in anticipation of that moment in my life.

When I graduated from college, my first boss turned thirty sometime during my first year at the office. He was married. He played golf. He was a VP. They were trying to have a baby. I remember thinking this is what thirty looks like...

It’s windy tonight. I love how weather makes a memory better. It was raining the last time I suffered a break up. The words we used that night have slipped my memory. But not the rain. I remember wanting to revel in it. But revel isn’t the word I am looking for… it’s too merry. I want a name when I lose…

My mom told me today that thirty didn’t phase her. It was thirty 1, when she found herself sitting at the kitchen table of our house, feeling like her life was over. 2 kids - a house… it was too much. She still has 1 kid. The other one a man now.

So this is what thirty looks like…? I thought I was supposed to have so many things:

A car

A house

A wife

A kid (or 2)

A career

But here I stand - armed only with this worn coat and a half pack of smokes.

And so much to look forward to.

Grey Dog for Best Coffee House

December 18th, 2004 by michael

Ok… this is important. Please go here and vote for “Grey Dog” coffee. If you have been there, you know how amazing it is. If you haven’t, call me and i’ll take you. If you don’t live here, it would be where you spent all your time if you did live here.

The link above goes straight to the actual vote page. So just go and click the radio button next to Grey Dog and then casually hit submit. It’s that easy.

Please go and vote. Your voice matters. Kerry lost. We can’t lose again.

That is all.

Some Thoughts About Dogs

December 18th, 2004 by michael

I have always wanted a dog. When I moved to Manhattan, I resigned myself to at least 3 more years without one. The apartments are small, I reasoned, and it costs more to have a dog in New York than it does to raise a child in many parts of the country.

I was surprised to find, however, that this doesn’t stop most folks from having one anyway. I happen to live in the land of little dogs (AKA - the West Village). Dogs here are like cats, or worse, rats. This is the land of Chihuahua’s and Daschunds.

In New York, dogs are considered people. They go into stores. They go into banks. They go into coffee shops. I am sure right now, there is a dog dining somewhere in Midtown at a restaturant I will never be able to afford in my life time. There was a terrier ahead of me in line at the coffee shop this morning. His owner had a latte. He ordered a biscuit (yes… the coffee shop actaully serves dog biscuits).

And these dogs have nicer gear than I do (which isn’t hard I suppose). I was reading my paper the other day when a beautiful Marmaduke of a dog stopped to sniff my shoes (god help him). The dog was rocking a J Crew rollneck (I checked the tag).

“Nice sweater,” I said.

The man breifly looked at his own sweater, and hand to chest said “why… thank you”

“I meant the dog,” I said.

“oh.”

The Bottle Said “No More Tears”…

December 16th, 2004 by michael

But alas, that was more than any ordinary bottle of shampoo could promise…

I just downloaded my 24 hour copyright exam.

over… and out.

“I had a choice of several sizes of letters”

December 16th, 2004 by adam hill

An Alabama judge has emblazoned his robe with the 10 Commandments.

Further comment unnecessary.

A Man Hasn’t Lived…

December 15th, 2004 by michael

Until he gets called a “cad” on his own blog.

Big Mac vs. The Heart Attack

December 14th, 2004 by michael

According to the Washington Post, The new head of the Cleveland Clinic wants the McDonald’s in the lobby of the hospital, known the world over for its heart care, to shut its doors. I gotta say - I was thrilled to find that Mickey D’s when my dad was in the hospital and I was so hungry his hospital food started looking apetizing.

She Had A Fendi Bag And A Bad Attitude

December 14th, 2004 by michael

I am “preparing” for my copyright exam. And by “preparing” I mean I have no idea what this test is going to be like so I am aimlessly perusing my notes.

But it got me thinking. One of the remedies for copyright infringment is impoundment of the infringing material. According to Big Red Book I am reading, these items evenually get “destroyed”. And by destroyed I mean Mrs. Cop is getting a really authentic looking Kate Spade / Gucci / Fendi bag for the holidays.

Joe Henry On Bouncing Back

December 13th, 2004 by michael

I was in my favorite coffee shop the other day when this stunning song came on. One of those songs that suddenly thrusts you into a moment of pure cinema in the midst of your humdrum day. I felt like I was in a music video or a movie. No. I felt like I was watching a video or movie that I was in.

The plot was a familiar one - all heartbreak and loss. The scene where the guy and the girl break up and the camera follows the guy as he returns to his empty daily routine and tries to forget her. There is no dialogue - only a montage of him at home, work, bars, walking the streets, sitting on his firescape looking regretfully at the moon as this beautiful but sad melody plays in the background.

That was the feeling I had - there in the coffee shop. Oddly, I didn’t actually hear any of the lyrics. My reaction was based solely on the music. There was singing to be sure but I couldn’t tell you what was being said.

Looking up the words to the song tonight I wasn’t surprised to read the following:

And if I really thought I could
I’d give up your ghost for good
but I’m not sure it isn’t you
that keeps my ghost from leaving too

But I don’t miss you half as much
As who you made me think I was
When I could see myself the way you do
And I could almost see myself in you

Either my subconscious actually processed the lyrics without my knowledge or the music was so beautifully crafted that it conveyed the underying meaning sans words. I don’t know which idea is better.

Full lyrics follow.
=-=-=-=-=-=

Trampoline

The floor will have its way it seems
It fights me like a trampoline
It won’t let me on the ground
So this time I’m not coming down

I’ve been talking in my sleep
You once kissed me not to hear me speak
And loved me just so brutally
To have the bitter life wrung out of me

And this time I’m not coming down
This time I’m not coming down

Trampoline

The whole platoon is over fed
And we’re in this thing over our head
My mind has never been so clear
But I stutter like an auctioneer

As the night has come alive with dreams
That hoot and holler spit and scream
Everyone of them is sick with lust
But everyone of them will out live us

And this time I’m not coming down
This time I’m not coming down

Trampoline

And if I really thought I could
I’d give up your ghost for good
But I’m not sure it isn’t you
That keeps my ghost from leaving too

But I don’t miss you half as much
As who you made me think I was
When I could see myself the way you do
And I could almost see myself in you

And this time I’m not coming down
This time I’m not coming down

Trampoline

riding on that wabash cannonball

December 13th, 2004 by adam hill

two quick thoughts, inspired by a listening of doc watson’s wabash cannonball:

(1) law schools ought to organize music “class”. remember back in elementary school when every other day you’d get together with your friends and just go sing some songs for an hour? maybe even get to play a tamborine or — if it were a special day — the drums? wabash cannonball is one of the songs we’d sing. my musical talent is still as undeveloped as it was when i’s 8, but i’m sure people have progressed, making the possibility for wild rides into the musical unknown likely. anyway, it’d be a morale booster, and esp. nice around this time of year.

(2) based on an unscientific survey, i posit that the more “folsky” and “down-home” a type of music is, the more likely it is for the following feature to be present in songs: The inclusion of multiple artists, in addition to the main artist, who are referenced by name and allowed to play a part of the song on their own. For ex, in Wabash Cannonball, doc watson says, “Get ‘em, Earl”, as Earl Scruggs is allowed to do a little solo on the fiddle. Cf. Hip-hop, which is also a “folsky” and “down-home” type of music and does the exact same thing.

They Don’t Make Sweet Old Ladies Like They Used To

December 13th, 2004 by michael

“Oh a newspaper!” she says as she reaches for the newspaper on the bench next to me.

“Actually, that’s mine, but please help yourself.”

She picks it up and starts to walk away. I hesitate, not wanting to confront the old woman. But this is my big study break for the day. I call after the woman.

“Miss, I thought you were going to sit down. I haven’t finished the paper yet.”

She looks back at me slightly annoyed and slowly comes back to the bench, paper in hand. She sets the paper down and begins rifling through the sections.

“Well, you don’t read the business section do you? I’ll just take that. I have to execute some stock transactions. I don’t buy the Monday paper.”

Not the business section question… It’s my favorite section. What..? A black man only reads the sports and police blotter?

“Actually - I do. But I should be done in a minute, if you want to wait a moment.”

She opens the art section.

“You don’t want the crossword right? Can I rip it out?”

The Monday Times crossword? You can’t ask a stranger for the crossword. Those are fighting words in some parts of the United States. My grandmother would have ripped you a new one if you asked for her Times Crossword. Plus… Monday is the only one I can finish.

“Sure.”

Rip!

Good God that was an imprecise rip woman! That was the crossword and half of the Metropolitan Diary… I look forward to those slice of life stories.

“Do you think you could read the business section now. I have to be somewhere.”

“Umm… Ma’am I’m sorry… I… No.”

“Oh. Well I suppose that’s ok then. I can look up the quotes on my computer anyway.”

Jon Oliver at Madame X this Wednesday

December 13th, 2004 by michael

If you are in lower Manhattan on Wednesday, stop by Madame X. My brother is DJing from 8pm - 1am (no cover). Jon spins soul/rock/rare grooves/hip-hop. Extra emphasis on soul. Think Nina Simone, New Birth, Friends of Distinction. And he’s not afraid to reach into the crate and mix Mos Def into Led Zepplin and Zepplin into the Roots… and you’ll be wondering where one ended and the next began. You can see some of Jon’s previous setlists here.

Madame X is a lovely little low key lounge on Houston between Thompson and La Guardia. I love this place because I can actually hold a conversation (and I must say the music is quite good).

Free Range in Manhattan

December 12th, 2004 by michael

So I was at this great coffee shop and the menu advertised a sandwich with “local turkey”. Local Turkey… what is that? Manhattan Turkey? I suppose it revolves around the definition of local, but it reminded me of city chicken. I didn’t eat.

Grip-N-Flip

December 12th, 2004 by michael

This Grip-n-Flip kitchen utensil seems to be really well thought out… I think I might have to buy me one.

Oh Bernie

December 12th, 2004 by michael

This is a classic example of this administration’s priorities. When Newsweek asked for comment on the fact that there was an outstanding warrant out for Mr. Kerik’s arrest, sources close to Kerik and the White House said:

“[T]he arrest warrant was not the reason Kerik withdrew. The immediate cause was the nanny problem…”

Right… and the real reason you changed the cloture rules was because of political witch hunts by Democrats… not because Mr. DeLay is shady.

Administration to America: Play with us and you don’t have to play by the rules.

You looking for me?

December 12th, 2004 by michael

Looking for Michael Oliver? Not sure if I am the right one? Check the list below and see of anything strikes a bell…If you are looking for me, leave a comment and I’ll get in touch with you.

For an explanation of what this is, see this.

=-=-=-=-=-=-=-=-=-

Schools I have attended:
Church of the Saviour Nursery School, Noble Elementary, Monticello Middle School, Cleveland Heights High School, Amherst College, New York University School of Law, Oxford

Places I have lived:
Cleveland Heights OH, Amherst MA, Washington DC, Arlington VA, Baltimore MD, New York, NY Adams Morgan, Dupont Circle, Mount Vernon, Hampden, Ballston, Greenwich Village, West Village, Brooklyn, Manhattan, Cobble Hill

Places I have worked:
Eddie Bauer, Ogilvy Public Relations Worldwide, Advertising.com, Catalyst, The Big Hunt, Pillsbury Winthrop, Alston & Bird, Brennan Center

Jobs I have had:
Bartender, Waiter, Sales Clerk, PR, Public Relations, Web Developer, VP of Technology, Director of Business Development, Director Internet Marketing, Teacher, Attorney, Lawyer, Intern

People I know (or have known):
Beth Spencer (Bono), Quy Tieu, Mandy Taft, Katie Meyer, Corinna Cosentino, Maya Holtz, Robyn Hill, Justin Horton, Eugene Preston, Amy Wynne, Jesse Saginor, Josh Folph, Luke O’Brien, Ben Beckman, Katie Schantz, Jessica Schantz, Jen Barnett, Brennan Travis, Jon Oliver, Paul Rieckhoff, Todd Darden, Todd Sutler, Rich Morrisroe, Josh Baru, Anne Penner, Jason Gill, Dan Quiles, Dave Simms, Megan Howell, Jarid Smith, Dan Fernandez, Scott Varho, Kaidi Fullerton, Molly Lyons, Mary Whittle, Jess Green, Jen Blum, Bryan Luke, Peter Grossi, Lea Lortie, Sharon Schneiderman, Erin Craft, Professor E. Patrick Johnson, Glenn Whiting, Jennifer Welsh, Jack Macleod, Kamer Davis, Mark Blafkin, Cabe Franklin, John Ferber, Scott Ferber, Stephen Root, Bill Harris, Mary Kay Lemay, Michael Rosenbaum, Colin Sellar, Chris Small, Tim Boucher, Bret Holmes, Doug Atwell, Adam Hill, Oliver Carter, Susie Kurkowski, Rachel Natelson, Ariel Tesher, Lesley Coben, Sarah Trombley, Janelle Filson, Peter Hartley, Meredith Johnston, Craig Winters, Leon Kirkland, Sujan Trivedi, Kafui Bediako, Andrew Warshawer, Dave Hoffman, Jason Sanjana, Tyler Ulrich, Adam Fagin, Charles Dart, Lana Maier, Leon Kirkland, Toby Freund, Sheila Griffin, Lynh Nguyen, Dagmara Lauk, Doug Marcks, Tony Bonner, Erin Plasteras, Rachel Shamash, Matt Murphy, Alison Fleming, Stephane Levy, To Be Continued…

Places I have frequented:
The Big Hunt (DC), The Fox & Hounds (DC), Starbucks (Dupont Circle - DC), Bedrock Billiards (DC), Mick O’Shea’s (Baltimore), Shade Bar (NYC), Arabica (Coventry - Cleveland Heights), Daddy-O (NYC), The Dove (NYC), The Grey Dog (NYC), Bocca Lupo (Brooklyn), Floyd (Brooklyn), Last Exit (Brooklyn)

Things I do or did:
Soccer, Goal keeper, Goalie, captain, Orchestra, Bass, Poetry, Chess, Resident Counselor, RC, Volleyball, photography,

Things/places I have been affiliated with:
Drew House, James, Stearns, Garman, D’Agostino, Furman, Vanderbilt,

People I am looking for:
Adam Fagin, Brennan Travis, Jen Barnett

Personal Meta-Data

December 12th, 2004 by michael

I am looking for a lost friend. We bartended together in DC. He went off to New York to get an MFA at Pratt. Last I heard, he had moved to LA to be with his girlfriend as she finished her last year of law school at UCLA. I don’t have a phone number for him - his email address no longer works (it was an AOL address… who can blame him for abandoning it).

I turned to Google… but no luck. I found a complete history of his ultimate frisbee heroics (they called him “Mad Dog”?) at Oberlin College in the late 90s. But nothing current. I can’t for the life of me pull his girlfriend’s (are they even still together?) last name out of this fog of a brain. I thought perhaps they married (damn… that would have been a hell of a party) but a search turned up no woman with her first name and my friend’s last name (who am I kidding she was too cool to take his name even if they did get married).

I searched various combinations of their names and schools and degrees. Nothing

And this got me thinking…

Wouldn’t it be cool if we all had a single page on the internet filled with the miscellany of our lives. A litany of the places and people we have known. It need not be in alphabetical order, or chronological. The only requirement is that it would have to include all of the important connections in your life. I guess I am thinking of something akin to personal meta-data.

With Google, anyone who knew you could then type in your name or nickname and a few of the people you knew or places you lived and find you again. The page would need to be maintained, kind of like a resume (but easier and more fun). This would solve the knowledge gap problem. I don’t know where my friend works or lives. But I know where he once worked and lived and where he went to school. If he had such a page, my search:

“Adam Fagin” + Big Hunt + Anne + Pratt

(I still can’t remember his girlfriend’s last name) would produce my friend’s page (which would presumably be up to date) and I could contact him from there. Similarly, a college friend of his could search for :

“Adam Fagin” + Mad Dog + Ultimate Frisbee + Oberlin

and come across the same page. Our knowledge of Adam would be completely different - and neither of us would need to know what he was up to now as long as we had some experience with him in the past.

I think I am going to make me one of those pages.

Really Mr. Kerik. It’s Not A Probem.

December 11th, 2004 by michael

According to the title of this Washington Post article, “Kerik Apologizes After Withdrawing As Homeland Security Nominee”

He should have apologized for being nominated.

thankfully, a “swift fall” for Kerik

December 11th, 2004 by adam hill

Oh, ok, whew…for a minute there I thought America was going to have a director of homeland security with a G.E.D. and a “trademark shaven head” (for other — more substantive — criticisms, see the guardian and nytimes) … but, happily, the US has been spared such humiliation (for now).

Rainy Day

December 10th, 2004 by michael

These 5 songs are doing it for me on this rainy day…

“Do what you gotta do” - Nina Simone
“Angels” - Joe Henry
“Jesus Etc.” - Wilco
“Sodade” - Cesaria Evora
“Le Moulin” - Yann Tiersen (Amelie Soundtrack)

Table Tennis

December 10th, 2004 by michael

If you are on campus… stop by the library and give Lana a hug… she just got her *ass kicked* in ping pong and looks a little mopey…

Jigga Who?

December 9th, 2004 by michael

S dot Carter is going to man the helm at Def Jam?

via jono

Mr. & Mrs. Smith

December 9th, 2004 by michael

I am real… real fired up about this movie

Metal

December 9th, 2004 by michael

“Dimebag” Darrell Abbott (formerly of Pantera and as of last night Damageplan) was gunned down while on stage at a concert last night. Apparently the assailant jumped on stage and shot him 6 times at point blank range.

Sujan

December 9th, 2004 by michael

You know what I love about my friend Sujan beside the fact that he is one of the funniest people I know… he is a literal treasure trove of useless information… Just ask him anything and he’ll have more info than you can possibly use.

me: hey… I need another name for the devil…
sujan: devil names
sujan: lucifer
sujan: satan
sujan: bright son of the morning star
sujan: azazel
sujan: beelzebub
me: yes! I was looking for the morning star one… couldn’t remember it.
me: nice
me: thank you
sujan: cross mythologies if you want
me: nah… it’s all good
sujan: alternately, the coyote, the trickster, loki
me: hahahaha
sujan: shiva destroyer of worlds
me: whoa…
sujan: quetzalcoatl, the pale-skinned avenger of the eastern seas
me: you made that last one up…
sujan: no dude, the aztecs
me: jesus…
sujan: i love that shit
me: yeah… I know

You can’t smell it, see it or taste it…

December 9th, 2004 by michael
this is an audio post - click to play

Endtroducing…

December 8th, 2004 by michael

2 new additions to the NYU fam…

I present to you LawLush and The Revolution is Not a Dinner Party.

Update: make that three

True

December 8th, 2004 by michael

“I drink to drown my sorrows but the damn things have learned to swim.”

- Frida Kahlo

via Jlou

Update: Tim pointed out that this was used in a U2 song… It was “Until the End of the World” in which they sang:

In my dream I was drowning my sorrows, But my sorrows, they learned to swim

I like the Kahlo version better.

Posner On Preemptive War

December 6th, 2004 by michael

So… was anyone else perplexed by Judge Posner’s post on the new Becker / Posner blog? Posner attempts (or at least I thought he was) to do a cost-benefit analysis on preemptive war, but then he quickly veers into hypothetical math land…

“Suppose there is a probability of .5 that the adversary will attack at some future time, when he has completed a military build up, that the attack will, if resisted with only the victim’s current strength, inflict a cost on the victim of 100, so that the expected cost of the attack is 50 (100 x .5), but that the expected cost can be reduced to 20 if the victim incurs additional defense costs of 15. Suppose further that at an additional cost of only 5, the victim can by a preventive strike today eliminate all possibility of the future attack. Since 5 is less than 35 (the sum of injury and defensive costs if the future enemy attack is not prevented), the preventive war is cost-justified.”

Judge, I know how to do the math… what I’d like to see are real numbers or an admission that fleshing them out is elusive (impossible?). What I need is honest talk about the fact that the probability of attack from Iraq was probably closer to zero.

I also found the following statement interesting:

If you know with certainty that you are about to be attacked, you are justified in trying to get in the first blow. Indeed, the essence of self-defense is striking the first blow against your assailant.

Really Judge? I suppose it all hinges on what the definition of certainty is. But something tells me if I ever find myself in the unfortunate position of being in front of the court and argue that I was just certain he was gonna kill me, my argument might fall on deaf ears unless I have some pretty airtight corroborating evidence.

While Posner oddly skips the current conflict in Iraq, the fact of the matter is, the Administration lacked certainty. Whether they could determine a probability is another thing, but as we know, most people are uncomfortable with probabilities. So the Administration offered “evidence” to support their claims of certainty. Evidence is something the public can handle. Probabilities are not. There is a reason that attorneys do not get up in front of the jury and say Ladies and gentleman, a cost benefit analysis shows that the cost of saving one more life is outweighed by the benefits of widespread availability of this vehicle. That may be true, but no jury is going to stand for it.

…find out what it means to me

December 5th, 2004 by adam hill

Relying on an earlier post, on Thursday Mike O plausibly argued that he should now be considered “bilingual.” Cf. Speaking a Different Language,” Thursday Dec 2 (2004). I just want to point out that, in some rare instances, judges can write with some style. I like this offering from Kinney Shoe: “This corporation was no more than a shell – a transparent shell. When nothing is invested in the corporation, the corporation provides no protection to its owner; nothing in, nothing out, no protection.”< ?xml:namespace prefix = o /> Not hilarious, of course, but when we’re talking about “respecting the corporate form,” it’s hard to be. Anyway, it brightened up my outline.

Speaking a Different Language

December 2nd, 2004 by michael

Actual exchange between an attorney and a witness:

Q: What gear were you in at the moment of the impact?
A: Gucci sweats and Reeboks.

Standing on the Shoulders of the Opposition

November 30th, 2004 by michael

This picture is amazing… apparently the opposition in the Ukraine was storming Parliament. I cannot for the life of me figure out how this guy got to be standing on these folks, but I admire his tenacity.

via NYTimes

Hello. Is Anybody Out There? I Need Coffee!

November 26th, 2004 by michael

Yesterday was like 28 Days Later here in Manhattan. I got up relatively late yesterday and it was eerily quiet. No car horns. No shouting from the street below. My instant messenger buddy list was grey. Looking out on to Carmine, usually teeming with people, plastic bags and paper pizza plates were blowing down the middle of the street - urban tumbleweed.

I emptied out on to the street in search of coffee (I can’t face killer monsters without coffee - actually, I am a monster without coffee). Every door was shuttered.

I approched the Our Lady of Pompeii Church at the end of my block. I figured with a name like that they had to be prepared for impending doom. Abandoned. Outside of the church was a glass enclosure labeled “The Nativity”. The glass case was empty. No creche in sight. Even Baby Jesus, in his swaddling clothes, had sensed the danger, and climbing out of the manger, headed for higher ground.

bilingual

November 25th, 2004 by michael

I hardly notice anymore that law school speaks a truly different language. I just passed over the sentence below as if it was written in perfectly normal every day English…

Special proceedings for the sale of land for partition in which defendant filed answer denying the alleged title of plaintiffs and pleading sole seizin and adverse possession under color for more than 20 years.

I imagine many of the law students reading this are looking at the sentence above and saying… “So what’s difficult about that?” Remember when it was difficult? When you had to read it 3 times just to get a hazy sense of what was going on?

And… now it’s not. And I don’t remember when it changed…

Thanksgiving

November 25th, 2004 by michael

One reason to attned New York University School of Law (if you are looking for reasons) is the truly wonderful Thanksgiving Dinner they hold for staff and students who remain in town over the holiday.

I don’t know what I was expecting, but what I got was a feast featuring all of the usual culprits (which were about as good as home cooking) and a butternut squash bisque that I am still thinking about several hours later. Add hot apple cider, coffee, chardonnay, merlot and an assortment of pies (I had pumpkin as I mourned the fact that I could not make it home for my mother’s apple pie) and it was really quite a Thanksgiving Dinner.

It was awkward just grabbing a seat with a bunch of random LLMs and 1Ls and their significant others but it ended up being a fun time as I met new people for the first time in awhile (as a 2L I haven’t felt the need to go out of my way to introduce myself to everyone I don’t recognize in the halls).

Sadly, I am now in the library instead of my usual post-Thanksgiving day couch.

So, thanks are in order … to NYU… for making this Thanksgiving away from home as homey as possible.

Skype

November 25th, 2004 by michael

I just had a mind blowing experience. My friend mentioned Skype over Thanksgiving dinner today. I mentioned that I had downloaded it a year ago, but that I didn’t know anyone using it and thus had never tried it out.

Several hours later as I was studying in the library, my computer started ringing (much in the way the old rotary phone of my youth had). I clicked the answer button on the maximized Skype window and murmered a weak “hello” expecting it fully not to work (I didn’t think this old Dell had a mic). My friend replied “hey… whatcha up to?”

I responded “nothing just studying” before realizing that I was talking into my computer which, before now was, was something I had never done.

It turns out that Skype is amazing. Talk about hands free… The little built in mic (I still don’t know where it is) managed to convey my voice from up to 10 feet away.

There is absolutely no lag. And it felt (dare I say) almost better (certainly more natural and comfortable) than a cell phone call.

I am disappointed that more folks I call aren’t on this service. One downside - as students, my friends are often in the library, so ringing them on their computers is more intrusive then calling their vibrating cell phones. I just had to pick up my computer and walk out into the hall to have the conversation with my friend over Skype.

Skype is free among users who have downloaded the software. You can call real phones as well, for a very low per minute fee. Skype is certainly many features away from a full blown application that will reach mass acceptance, but it certainly is exciting and on the right track.

End of Days

November 24th, 2004 by michael

In today’s New York Times, Nicholas Kristof takes on Mssrs. LaHaye and Jenkins the authors of the ridiculously lucrative Left Behind franchise. Noting that the authors believe that “this generation will witness the end of history,” Kristoff offers the duo a challenge:

If Mr. LaHaye and Mr. Jenkins honestly believe that the end of the world may be imminent, why not waive royalties? Why don’t they use the millions of dollars in profits to help the poor - and increase their own chances of getting into heaven?

Mr. Jenkins told me that he gives 20 to 40 percent of his income to charity, and that’s commendable. But there are millions more where that came from. Mr. LaHaye and Mr. Jenkins might spend less time puzzling over obscure passages in the Book of Revelation and more time with the straightforward language of Matthew 6:19, “Do not store up for yourselves treasures on earth.” Or Matthew 19:21, where Jesus advises a rich man: “Sell your possessions and give the money to the poor. . . . It will be hard for a rich person to enter the Kingdom of Heaven.”

So I challenge the authors to a bet: if the events of the Apocalypse arrive in the next 10 years, then I’ll donate $500 to the battle against the Antichrist; if it doesn’t, you donate $500 to a charity of my choosing that fights poverty - and bigotry.

Gentlemen, do we have a deal?

Kevin Sites’ Open Letter to The Devil Dogs of the 3.1

November 24th, 2004 by michael

I am including Kevin Sites’ Open Letter to the Devil Dogs of the 3.1 here in its entirety for my records:

Open Letter to Devil Dogs of the 3.1

To Devil Dogs of the 3.1:

Since the shooting in the Mosque, I’ve been haunted that I have not been able to tell you directly what I saw or explain the process by which the world came to see it as well. As you know, I’m not some war zone tourist with a camera who doesn’t understand that ugly things happen in combat. I’ve spent most of the last five years covering global conflict. But I have never in my career been a ‘gotcha’ reporter — hoping for people to commit wrongdoings so I can catch them at it.

This week I’ve even been shocked to see myself painted as some kind of anti-war activist. Anyone who has seen my reporting on television or has read the dispatches on this website is fully aware of the lengths I’ve gone to play it straight down the middle — not to become a tool of propaganda for the left or the right.

But I find myself a lightning rod for controversy in reporting what I saw occur in front of me, camera rolling.

It’s time you to have the facts from me, in my own words, about what I saw — without imposing on that Marine — guilt or innocence or anything in between. I want you to read my account and make up your own minds about whether you think what I did was right or wrong. All the other armchair analysts don’t mean a damn to me.

Here it goes.


It’s Saturday morning and we’re still at our strong point from the night before, a clearing between a set of buildings on the southern edge of the city. The advance has been swift, but pockets of resistance still exist. In fact, we’re taking sniper fire from both the front and the rear.

Weapons Company uses its 81’s (mortars) where they spot muzzle flashes. The tanks do some blasting of their own. By mid-morning, we’re told we’re moving north again. We’ll be back clearing some of the area we passed yesterday. There are also reports that the mosque, where ten insurgents were killed and five wounded on Friday may have been re-occupied overnight.

I decide to leave you guys and pick up with one of the infantry squads as they move house-to-house back toward the mosque. (For their own privacy and protection I will not name or identify in any way, any of those I was traveling with during this incident.)

Many of the structures are empty of people — but full of weapons. Outside one residence, a member of the squad lobs a frag grenade over the wall. Everyone piles in, including me.

While the Marines go into the house, I follow the flames caused by the grenade into the courtyard. When the smoke clears, I can see through my viewfinder that the fire is burning beside a large pile of anti-aircraft rounds.

I yell to the lieutenant that we need to move. Almost immediately after clearing out of the house, small explosions begin as the rounds cook off in the fire.

At that point, we hear the tanks firing their 240-machine guns into the mosque. There’s radio chatter that insurgents inside could be shooting back. The tanks cease-fire and we file through a breach in the outer wall.

We hear gunshots from what seems to be coming from inside the mosque. A Marine from my squad yells, “Are there Marines in here?”

When we arrive at the front entrance, we see that another squad has already entered before us.

The lieutenant asks them, “Are there people inside?”

One of the Marines raises his hand signaling five.

“Did you shoot them,” the lieutenant asks?

“Roger that, sir, ” the same Marine responds.

“Were they armed?” The Marine just shrugs and we all move inside.

Immediately after going in, I see the same black plastic body bags spread around the mosque. The dead from the day before. But more surprising, I see the same five men that were wounded from Friday as well. It appears that one of them is now dead and three are bleeding to death from new gunshot wounds. The fifth is partially covered by a blanket and is in the same place and condition he was in on Friday, near a column. He has not been shot again. I look closely at both the dead and the wounded. There don’t appear to be any weapons anywhere.

“These were the same wounded from yesterday,” I say to the lieutenant. He takes a look around and goes outside the mosque with his radio operator to call in the situation to Battalion Forward HQ.

I see an old man in a red kaffiyeh lying against the back wall. Another is face down next to him, his hand on the old man’s lap — as if he were trying to take cover. I squat beside them, inches away and begin to videotape them. Then I notice that the blood coming from the old man’s nose is bubbling. A sign he is still breathing. So is the man next to him.

While I continue to tape, a Marine walks up to the other two bodies about fifteen feet away, but also lying against the same back wall.

Then I hear him say this about one of the men:

“He’s fucking faking he’s dead — he’s faking he’s fucking dead.”

Through my viewfinder I can see him raise the muzzle of his rifle in the direction of the wounded Iraqi. There are no sudden movements, no reaching or lunging.

However, the Marine could legitimately believe the man poses some kind of danger. Maybe he’s going to cover him while another Marine searches for weapons.

Instead, he pulls the trigger. There is a small splatter against the back wall and the man’s leg slumps down.

“Well he’s dead now,” says another Marine in the background.

I am still rolling. I feel the deep pit of my stomach. The Marine then abruptly turns away and strides away, right past the fifth wounded insurgent lying next to a column. He is very much alive and peering from his blanket. He is moving, even trying to talk. But for some reason, it seems he did not pose the same apparent “danger” as the other man — though he may have been more capable of hiding a weapon or explosive beneath his blanket.

But then two other marines in the room raise their weapons as the man tries to talk.

For a moment, I’m paralyzed still taping with the old man in the foreground. I get up after a beat and tell the Marines again, what I had told the lieutenant — that this man — all of these wounded men — were the same ones from yesterday. That they had been disarmed treated and left here.

At that point the Marine who fired the shot became aware that I was in the room. He came up to me and said, “I didn’t know sir-I didn’t know.” The anger that seemed present just moments before turned to fear and dread.

The wounded man then tries again to talk to me in Arabic.

He says, “Yesterday I was shot… please… yesterday I was shot over there — and talked to all of you on camera — I am one of the guys from this whole group. I gave you information. Do you speak Arabic? I want to give you information.” (This man has since reportedly been located by the Naval Criminal Investigation Service which is handling the case.)

In the aftermath, the first question that came to mind was why had these wounded men been left in the mosque?

It was answered by staff judge advocate Lieutenant Colonel Bob Miller — who interviewed the Marines involved following the incident. After being treated for their wounds on Friday by Navy Corpsman (I personally saw their bandages) the insurgents were going to be transported to the rear when time and circumstances allowed.

The area, however, was still hot. And there were American casualties to be moved first.

Also, the squad that entered the mosque on Saturday was different than the one that had led the attack on Friday.

It’s reasonable to presume they may not have known that these insurgents had already been engaged and subdued a day earlier.
Yet when this new squad engaged the wounded insurgents on Saturday, perhaps really believing they had been fighting or somehow posed a threat — those Marines inside knew from their training to check the insurgents for weapons and explosives after disabling them, instead of leaving them where they were and waiting outside the mosque for the squad I was following to arrive.


During the course of these events, there was plenty of mitigating circumstances like the ones just mentioned and which I reported in my story. The Marine who fired the shot had reportedly been shot in the face himself the day before.

I’m also well aware from many years as a war reporter that there have been times, especially in this conflict, when dead and wounded insurgents have been booby-trapped, even supposedly including an incident that happened just a block away from the mosque in which one Marine was killed and five others wounded. Again, a detail that was clearly stated in my television report.

No one, especially someone like me who has lived in a war zone with you, would deny that a solider or Marine could legitimately err on the side of caution under those circumstances. War is about killing your enemy before he kills you.

In the particular circumstance I was reporting, it bothered me that the Marine didn’t seem to consider the other insurgents a threat — the one very obviously moving under the blanket, or even the two next to me that were still breathing.

I can’t know what was in the mind of that Marine. He is the only one who does.

But observing all of this as an experienced war reporter who always bore in mind the dark perils of this conflict, even knowing the possibilities of mitigating circumstances — it appeared to me very plainly that something was not right. According to Lt. Col Bob Miller, the rules of engagement in Falluja required soldiers or Marines to determine hostile intent before using deadly force. I was not watching from a hundred feet away. I was in the same room. Aside from breathing, I did not observe any movement at all.

Making sure you know the basis for my choices after the incident is as important to me as knowing how the incident went down. I did not in any way feel like I had captured some kind of “prize” video. In fact, I was heartsick. Immediately after the mosque incident, I told the unit’s commanding officer what had happened. I shared the video with him, and its impact rippled all the way up the chain of command. Marine commanders immediately pledged their cooperation.

We all knew it was a complicated story, and if not handled responsibly, could have the potential to further inflame the volatile region. I offered to hold the tape until they had time to look into incident and begin an investigation — providing me with information that would fill in some of the blanks.

For those who don’t practice journalism as a profession, it may be difficult to understand why we must report stories like this at all — especially if they seem to be aberrations, and not representative of the behavior or character of an organization as a whole.

The answer is not an easy one.

In war, as in life, there are plenty of opportunities to see the full spectrum of good and evil that people are capable of. As journalists, it is our job is to report both — though neither may be fully representative of those people on whom we’re reporting. For example, acts of selfless heroism are likely to be as unique to a group as the darker deeds. But our coverage of these unique events, combined with the larger perspective - will allow the truth of that situation, in all of its complexities, to begin to emerge. That doesn’t make the decision to report events like this one any easier. It has, for me, led to an agonizing struggle — the proverbial long, dark night of the soul.

I knew NBC would be responsible with the footage. But there were complications. We were part of a video “pool” in Falluja, and that obligated us to share all of our footage with other networks. I had no idea how our other “pool” partners might use the footage. I considered not feeding the tape to the pool — or even, for a moment, destroying it. But that thought created the same pit in my stomach that witnessing the shooting had. It felt wrong. Hiding this wouldn’t make it go away. There were other people in that room. What happened in that mosque would eventually come out. I would be faced with the fact that I had betrayed truth as well as a life supposedly spent in pursuit of it.

When NBC aired the story 48-hours later, we did so in a way that attempted to highlight every possible mitigating issue for that Marine’s actions. We wanted viewers to have a very clear understanding of the circumstances surrounding the fighting on that frontline. Many of our colleagues were just as responsible. Other foreign networks made different decisions, and because of that, I have become the conflicted conduit who has brought this to the world.

The Marines have built their proud reputation on fighting for freedoms like the one that allows me to do my job, a job that in some cases may appear to discredit them. But both the leaders and the grunts in the field like you understand that if you lower your standards, if you accept less, than less is what you’ll become.

There are people in our own country that would weaken your institution and our nation –by telling you it’s okay to betray our guiding principles by not making the tough decisions, by letting difficult circumstances turns us into victims or worse…villains.

I interviewed your Commanding Officer, Lieutenant Colonel Willy Buhl, before the battle for Falluja began. He said something very powerful at the time-something that now seems prophetic. It was this:

“We’re the good guys. We are Americans. We are fighting a gentleman’s war here — because we don’t behead people, we don’t come down to the same level of the people we’re combating. That’s a very difficult thing for a young 18-year-old Marine who’s been trained to locate, close with and destroy the enemy with fire and close combat. That’s a very difficult thing for a 42-year-old lieutenant colonel with 23 years experience in the service who was trained to do the same thing once upon a time, and who now has a thousand-plus men to lead, guide, coach, mentor — and ensure we remain the good guys and keep the moral high ground.”

I listened carefully when he said those words. I believed them.

So here, ultimately, is how it all plays out: when the Iraqi man in the mosque posed a threat, he was your enemy; when he was subdued he was your responsibility; when he was killed in front of my eyes and my camera — the story of his death became my responsibility.

The burdens of war, as you so well know, are unforgiving for all of us.

I pray for your soon and safe return.

Oliver to NBA: You Are Dead to Me

November 20th, 2004 by michael

I am done with the NBA forever. That is all.

Some Dance to Remember, Some Dance to Forget

November 19th, 2004 by michael

On the way home from a soccer game, victorious, the Eagles are in the tape deck and I am sitting in the bitch seat in the back of Phil Shook’s car. We are telling war stories - each of us recalling personal acts of valor as if we had returned from battle and were recounting the action to those who stayed behind to watch over the women and children.

Suddenly, a hush falls over the car as the intro to Hotel California begins. Slowly, every one raises their hand, then in unison, they beat the air sharply three times as Henley’s drum beat leads into the vocals: thump thump thump… On a dark desert highway…

=-=-=-=-=-

4 boys singing outloud in a time when being cool didn’t mean being cold. I remember feeling a sense of wonder that day as I listened to the song for the first time and watched my teammates playing drums on the dashboard, the steering wheel and headrests. I also felt left out - almost hurt that no one had ever bothered to share this beautiful song with me before that very moment.

It turned out to be better that way. I was paying attention. Phil is gone now - for more years than I care to acknowledge. But whenever I hear Hotel California, I can remember every detail of that car ride and I can remember Phil as he was then - smiling - without a care in the world.

Out of the Woodwork

November 17th, 2004 by michael

See…. Adam Hill does exist. For a minute, I was worried that you all thought I had an imaginary quote friend unquote who was going to quote guest blog unquote.

Starting slowly

November 17th, 2004 by adam hill

So, I was introduced here some days ago and haven’t posted anything yet — an ominous beginning, if I’ve ever heard of one. Now here I am, posting, and the best I can do is introduce some thoughts by someone else. If two poetry posts in the same day aren’t too much, enjoy…

“Selecting a Reader”
by Ted Kooser

First, I would have her be beautiful,
and walking carefully up on my poetry
at the loneliest moment of an afternoon,
her hair still damp at the neck
from washing it. She should be wearing
a raincoat, an old one, dirty
from not having money enough for the cleaners.
She will take out her glasses, and there
in the bookstore, she will thumb
over my poems, then put the book back
up on its shelf. She will say to herself,
“For that kind of money, I can get
my raincoat cleaned.” And she will.

[Update: Actually,
three poetry posts in a single day, if you count ODB]

To Bret:

November 17th, 2004 by michael

Did you listen to the song before correcting me?

I actually was wrong, but not in the way you suggest. A close listen reveals that it is actually “Shimmy Shimmy Ya, Shimmy Yam, Shimmy yea” or yeah, or yay. Anyway my point being that the last word (regardless of spelling) is pronounced with an “a” that sounds like “bay” and not “yo”.

Even though ODB was on some next, he still rhymed and it seems improbable that he thought “yo” rhymed with “away” the word that ends the subsequent line.

If you need the song for a refresher, email me.

[Ed. - I find it hilarious that I am dissecting ODB's use of rhyme like he is T.S. Eliot]

God is Anything

November 17th, 2004 by michael

Been looking for this poem for years… want to hold onto it for the records.

A Little Stone in the Middle of the Road in Florida

by Muriel Rukeyser

My son as a child, saying,
God is anything, even a little stone
in the middle of the road
in Florida.

Yesterday Nancy, my friend,
after a long illness,
You know what can lift me up,
take me right out of despair?

No, what?

Anything.

Night Blindness

November 14th, 2004 by michael

I am listening to David Gray’s lovely album White Ladder, and thought that his chorus for Night Blindness might accurately capture many Democrats feelings regardining the Bush II Presidency…

What we gonna do
When the money runs out
I wish that there was something left to say
Where we going to find the eyes to see
A brighter day…

I am joking of course, but it is amazing how different circumstances lead you to interpret songs differently at various points in your life.

Shimmy Shimmy Ya Shimmy Yo Shimmy Yea

November 14th, 2004 by michael

Ol’ Dirty Bastard aka Osirus aka Joe Bannanas aka Dirt McGirt aka Dirt Dog aka Unique Ason aka Big Baby Jesus passed this afternoon.

I didn’t understand half the things he said, but I always enjoyed litening to him anyway.

Rest in Peace Dirty.

New Jersey Turnpike

November 13th, 2004 by michael

The audio post below is my friend Leon Kirkland reciting a little poem he just wrote. Check it out…

this is an audio post - click to play

Abu Amar

November 11th, 2004 by michael

Back in the mid to late 90s I was leaving the mall in Pentagon City. As I walked through the doors a huge contingent of black sedans with tinted windows approached the hotel next door.

I walked to the entrance of the hotel and waited for the cars to empty. I was excited. I thought maybe I would get to see a movie star or a famous rock band.

Instead, I got to see Yasser Arafat. I remember thinking, as he exited the car and approached me, that he was much smaller than I imagined. He was wearing his trademark kaffiyeh headdress, folded in the shape of Palestine. He walked within 2 feet of me and as he passed he nodded and smiled and then entered the buidling.

I am amazed sometimes at how easily I forget how much things have changed since 9/11. This brief encounter would never have happened in 2004. For many reasons of course, but even if he had been allowed to travel outside of his compund in his last years, the security team would have never let me get within 100 yards of the entrance to the building. But back then, it never occurred to me that I wasn’t supposed to be standing there, trying to get a glimpse of this diminutive man from Palestine.

Rest in Peace Mr. Arafat.

Judges Are Sort Of Like Place Kickers

November 11th, 2004 by michael

I just want to archive this quote for future reference. It is from Jack Balkin’s article entitled, “What Brown Teaches Us About Constitutional Theory” in the University of Virginia Law Review.

“Judges are sort of like place kickers in football. Most place kickers are pretty bad at making an open-field tackle to stop a speedy running back returning a kickoff. But place kickers can help pile on after the other players have tackled or slowed down a runner. That is sometimes how I imagine courts and their relationship to social change: They see the running back lying on the ground, groaning under the weight of a huge pile of linebackers. The judges say to themselves, “It’s time for us to do some justice!” and they throw themselves on the pile.”