November 26, 2007

A Moment In Los Angeles

On the corner of Cesar Chavez Boulevard and Main Street, in Chinatown, is a gas station. Regular unleaded sold there this morning for $3.899 a gallon.

I was hungry and in a celebratory mood after my unexpected win in Federal Court this morning, and Philippe was only a block away. Two African-American women pulled up next to me in a brand-new Cadillac, and asked for directions to Wilshire Boulevard; they looked terribly anxious. I told them to take Beaudry and spare themselves the traffic in the financial district. This apparently helped their anxiety, and they blessed me. I smiled and waited for a funeral procession to drive by before making two right turns and two left turns to get on Alameda so I could go north the one block to get food.

To me, Philippe is a breakfast place, because even though it's most famous for the French Dip sandwiches (which are quite good; I like the pork even better than the roast beef) I always got breakfast there while studying for exams in my first year of law school. But it's best for its democratizing effect -- you have to rub elbows with everyone while you stand in line to order your food, and there are communal tables where you never know who you're going to wind up sitting near. Everyone from the power elite of the city (Mayor Riordan was known to drop in for lunch with some frequency; I don't think the current Mayor does, though) to the blue collar crowd comes in because the food is good and cheap. And while the counter service sometimes feels slow, it isn't really all that bad.

Late breakfast or early lunch (I had to get a "last call" ticket because breakfast was shutting down) consisted of corned beef hash (blander than I remember it; did someone get scared of onions for some reason?), a can of diet Coke, and a scrambled egg while reading The Atlantic, next to a couple speaking quietly to one another in Korean while pointing with great enthusiasm at a picture of Hillary Clinton in their Korean-language newspaper. A retired gentleman saw his brother unexpectedly walk in to the place and he ordered beers for both of them as I read the story about script-doctoring atheism out of The Golden Compass. Two hungry LAPD officers walked in as I walked out (cops love that place), and got in the car and undertaking the drive back to work and listening to the last set of lectures by a USC professor about the American Revolution.

That's one of the cool things about Los Angeles. It takes a little bit of local lore to navigate (for instance, to know that Phillipe exists at all, much less that French Dips were invented there) and looking around always yields such diverse results. You get so much, from so many different sources, all at the same time, and you just have to kind of run with it, and that's fun. People are from literally every part of the world; there are things from all over and it's all right there, right on top of everything else. It's a little less diverse here in the A.V., and it was even more monolithic in Knoxville. Yes, it's often a drag to have to drive that far, but when I get a chance to actually do something that isn't work in Los Angeles, I usually have fun doing it.

Pull Out A Rabbit

Sometimes, you work, and work, and work; you stress, stress, stress; and you know that you’re up against a terrible set of odds. In my case, it was opposing a summary judgment motion with precious little law, and precious few facts, on my side. The bulk of what I had to offer in my client’s defense was hearsay; the bulk of the law had big problems with it. My adversary was smart enough to point all of this out to the court.

Sometimes, when you’re up against a tough fight like that, the world just crashes down around you. You get overwhelmed. You console yourself that there was nothing you could do; no matter how good a job you did, you were still going to lose no matter what. “Sometimes you get the wolf; sometimes the wolf gets you,” you say to yourself. But I’m not saying that to myself today.

Because I won.

November 23, 2007

The Value Of Time

Once there was a thief who was to be executed. As he was taken away, he made a bargain with the king: In one year he would teach the king's favorite horse to sing hymns."

The other prisoners watched the thief singing to the horse and laughed at him. "You will not succeed," they told him.

The thief replied, "I have a year. Who knows what will happen in a year? The king might die. The horse might die. I might die. And maybe, just maybe, the horse will learn to sing."

The Real Rudy

In today's Gray Lady, David Brooks hits on the exact reason why I'm souring from my previous political attraction to Rudy Giuliani -- Rudy isn't being Rudy anymore. As a result, a great opportunity is being lost in favor of a small minority of the party cracking its ideological whip.

Damanhur

Damanhur is a complex of "temples" built in secret over the past thirty years, undernearth a hill near Turin, Italy. The artwork in them is extraordinary. It seems a little garish, at first, but a closer look also suggests some real talent and a wide variety of techniques.

The artist behind their creation seems a little bit eccentric, seem to follow some sort of New Age type of metaphysical pursuits which seem like so much nonsense to me. But all the same, it's an extraordinary work and I would no more suggest disregarding it than I would suggest disregarding the stunning artwork of a Gothic cathedral or any other kind of religiously-motivated art. And although there is a charismatic leader and some kind of spirituality involved, the proprietors don't seem to be a cult.

Take a moment to browse through the temples' website with illustrations of the temples; it's breathtaking. I was glad to find the link from FARK to the UK Daily Mail article about them; I'd had no idea they were there. Mainly, it's nice to see that this sort of cathedral-building is still going on and the modern world has not ground out the artistic impulse from people.

November 22, 2007

Stem Cell Breakthrough

I'm as happy as anyone that scientists have found a way to create human stem cells from adult skin, and that now research on stem cells can progress without having to destroy embryos. But that doesn't mean that the past research was wrong, immoral, or that its results should be discarded. Nor does it mean that peoples' minds about the underlying ethics of destroying an embryo for medical research will alter. What it does mean is that this particular kind of research will now be able to progress without the ethical furor or the political blather.

Research using human embryos is always going to be morally objectionable to those who believe that human life begins at conception. Philosophically, I can see the argument -- you don't just kill people, that's murder. Certainly by the time a baby is actually born, it is a "person;" intentionally killing a person carries the same moral gravity if the person is aged forty years or forty hours.* And it's hard to say at what point a fetus achieves "personhood," so the most morally safe thing to do is to say that "personhood" attaches to a person as soon as any part of that person exists; thus, from the very beginnings of independent life when sperm fertilizes egg.

But this seems so obviously over the line to me. The recently-fertilized egg is most certainly not a "person." It lacks consciousness;** it lacks the ability to interact with the world around it; it cannot own property; it is a single cell. Yes, it possesses a unique strand of DNA and, under the right circumstances, may mature into an independent human being and thus a "person." But the potential to become something is not the same thing as having achieved that status.

I remember reading somewhere that something like two in three fertilized eggs are ejected from the mother's body within days of being fertilized; the fertilized egg does not attach to the wall of her womb and instead is ejected when she has her monthly cycle. That would seem to meet the definition of a "miscarriage." Nearly every sexually active woman will have had this biological experience several times, and never realize it; some scientists theorize it is a reason why some months are inexplicably more difficult than others.

I don't have a citation to back up that remembered "fact" and it might not actually be true. But for discussion purposes, assume that it is. Ladies, are you all of a sudden broken up because you've probably miscarried multiple times without even realizing you were ever pregnant? Maybe you'd be a little bit freaked out, but the emotional trauma that would come from wanting to be pregnant, knowing that you had gotten pregnant, moving along several months through the pregnancy, and then miscarrying is, and ought to be, much greater compared to what it would be if the "miscarriage" was ejecting a fertilized egg during your period, in quantity even if not also in quality.

The quantum of difference between the loss of a fertilized egg and a miscarriage five months into a pregnant woman's term is getting at that threshold of "personhood;" the woman five months into her term has crossed that threshold and has begun to think of the being in her womb as her baby and as a person. She cries and mourns its loss -- its death -- after the miscarriage. But she does not cry about the ejected egg. It's not entirely clear when that threshold was crossed; it may not even be a rational process to cross it.

I don't pretend to know when that line gets crossed, either way. I do suggest, though, that there are cases on the extreme ends of life where the answer is clear, and that somewhere in the middle there is a gray zone. I also suggest that few people who have to deal with these kinds of questions do so lightly, and in a free society we need to respect the considered decisions of others, even if we ultimately disagree with them. That, ultimately, is why I am pro-choice despite understanding the logic of the pro-life position.

So I suggest that it will always escape external, objective analysis to define the point when that threshold is crossed such that we can say "at 12:22 p.m. on December 5, this blastocyst became a person." But the fact that such an analysis cannot ever take place does not mean that the phenomenon does not exist. It just means that there will always be a gray area to the question.

I'm comfortable with the existence of a morally gray area in which there are no easy answers. I realize, though, that some people crave the black-and-white of moral absolutes, and some of those people have gravitated to the pro-life movement. I respect their good faith and honorable intentions in so doing, while continuing to disagree with their analysis, and the issues they raise are worthy of serious exploration and contemplation by people of all opinions.

That is, the issues they raise are worthy of serious consideration, although the politics associated with those issues are not always as deserving of intellectual recognition. What was disturbing about the stem cell debate, before this week's innovation, was the fervor with which the pro-life side advanced its position -- stem cell research was inherently immoral, and all of the fruits of that tree would be similarly poisoned because no amount of scientific knowledge and new medical treatments could possibly outweigh the terrible cost of that kind of irresponsible "research." Godwin's Law had been seriously in play for more than a year. Now that the moral gravity of this kind of research has been dramatically altered, the pro-life camp must perforce abruptly change its tune.

Along the way, they have proclaimed a great moral victory, because now, people will be able to divorce the moral gravity of killing a human embryo from the stunning potential of this avenue of research. I doubt that is true, though. I know I certainly haven't been persuaded that I had been wrong before, and the great good news of the new way of making stem cells seems to be that now it will be much easier for scientists to do it. The fact that now we can make stem cells this way does not mean that the scientists who had harvested embryos for their research had been wrong all along -- what if this new technique had proven impractical or failed outright?

A scientific breakthrough does not change the moral calculus of what the scientist is doing, is what I'm saying. If stem cell research was wrong before, it's wrong now; if it was justified before, it's justified now.

Yes, I know the argument was never again stem cell research itself. Rather, it was that the manner of stem cell research objectionable. We can study human anatomy by dissecting corpses, and doing so is a good thing -- but killing people for the purpose of collecting their corpses would still be bad. But as I hope I've demonstrated above, harvesting an embryo is not necessarily an act that carries the same moral gravity as killing an adult human being. Remember the pregnant woman who miscarries has different emotional reactions to the miscarriage based on when in the pregnancy the miscarriage took place; so too is our emotional reaction to the harvesting of a few cells different than the harvesting of a fully-developed organ out of the body of an otherwise-viable human being.

So it's simply wrong from the pro-life crowd to proclaim a moral victory. No moral issues have been resolved and the gray area hasn't gone away -- science has instead given us a way to sidestep confronting the moral issue. The pro-lifers should be heaving a great sigh of relief because they no longer have to make a choice between the advances of science and the dictates of their morality. We all should be relieved; not every moral quandary gets a resolution like this.


* Historically, not all societies have felt this way. For much of human history, infants were frequently abandoned to die of exposure, in a variety of acts that we would today call "murder." Our ancestors -- people of all sorts of religious, ethnic, and geographic backgrounds -- distinguished their acts of exposing infants from other kinds of killing, and constructed moral justifications for their actions which they considered very powerful.

** By the same token, a person whose brain has ceased to function and whose consciousness has vanished, never to return, has lost something essential about his "personhood." If I am ever in such an unfortunate position -- pull the plug. Make sure I'm not coming back, of course, but once that's certain, don't waste another penny of your money or the time of medical personnel who could be doing some good for other people. I do not ever want to be Terry Schiavo. Use this blog entry as evidence of my wishes.

Thanksgiving Scrabble Score

The Wife
TL
Fortune 76
enough 16
torque 30
torqued, beady 39
diviner, en, or 17
hoax 28
coaxal 15
ooze 33
streaker 89
bovine 22
muddiest 84
zoning, or 34
rhyme 14
wife, me 24
steeple, er 62
plaid, as, it, de 34
jan, jut, tor 23
owl, or, we, la 20
vie 10
sati, is 10
cooze 16
baa 10

-5



431

270



Dude. She kicked my ass. And she made the word "cooze."

Great News

I just found out that my old friend, who works at a BIGLAW firm in Philadelphia, just made partner. I couldn't be happier for him. Congratulations!

Pilgrim's Pride

Rick Moran praises the original pilgrims, a politically incorrect but worthwhile endeavor. They faced daunting odds, an uncertain future, a lack of skills and tools, and a host of other challenges, and met them with tenacity, faith, and a willingness to get their hands dirty. (Note that Moran, like me, is an unbeliever but still, like me, admires the Puritans for seeking out and creating a place where they could worship and otherwise live as they saw fit.) They also created the first democratic government in North America.

Bad Poacher

Today for breakfast, The Wife said she wanted poached eggs. I'd never done it before but thought, hey, I'm game, I'll give it a try. You get rapidly boiling water, stir really hard, and drop the egg into it; take it out a minute later and drain it. Simple, right?

Turns out, no, poached eggs are kind of difficult. My whites got out into the boiling water not once but three times, creating a murky, billowy mess with a free-floating yolk. Not once was I able to make a steep and strong enough vortex in the spinning, boiling water to keep the liquid egg confined. I need either more practice at poaching them or a mold.

November 21, 2007

Version 3.0

White background, restyled header, and the guidebar and permanent stuff is now on the right, below the new and improved "not a potted plant" logo. Hopefully, more professional-looking bullet-pointed lists and better spacing for text appearing after block quotes. Incremental improvements surely coming soon.

Another Blog Bleg

I'm considering finding a new template for the blog. I'd like one with a white background. I'm not fond of any of the various pre-made templates that Blogger.com offers. Any suggestions for other places I might look?

Odd Ben

If Benjamin Franklin had had his way, the wild turkey would be the national bird and a lot of people would be eating a symbol of the country tomorrow. Many people know this, but many people do not know that Franklin was also an advocate of calling the new nation "Columbia"; rather than the United States of America." Or maybe it would have been "Kolumbia," since he considered the letters c, j, q, w, x, and y "redundant." (I like them just fine, myself.)

Old Ben held an honorary law degree from Oxford University despite having had no legal education whatsoever, and wrote editorials in his own brother's newspaper under the pseudonym "Mrs. Silence Dogood" (much to his brother's irritation when he found out about it).

While serving as ambassador to France, Franklin was a great advocate of nudity and would frequently remove all of his clothes immediately upon retiring to his bedchamber and not put them on again until summoned to the King's court, much to the irritation of his somewhat more uptight roommate, John Adams. Most mornings, he would also take nude strolls in the garden of the Paris house the two Founders had rented with the Continental Congress' money to support their diplomatic mission to encourage France to support the Revolution. He considered this practice to be a part of a gentleman's good hygiene, and referred to his a natural activity as "air baths."

He left £1,000 to gather interest for 200 years to the cities of Boston and Philadelphia; the trusts matured in 1985 and were used to establish trade schools and provide seed money to help financially-disadvantaged local residents buy houses. Benjamin Franklin: a strange fellow, perhaps, but definitely one of history's good guys.

Cure For Cancer: Death

In a bleak but interesting post, Uncredible Hallq muses that aging and cancer are inextricably intertwined. You might not get cancer, but if you don’t, your cells will apoptosize, and you will age, which will result in your death. But the longer you keep your cells from dying, the greater the likelihood that they will become cancerous, which of course will ultimately result in your death. The lesson I think you should take from this: your life, like everything else that exists, is going to come to an end. You might delay that end through various means, but that’s a fact you can’t change. The meaning and value which you choose to assign to your life, and the decisions you make within that life, ought to take that immutable fact into consideration.

November 20, 2007

Proof Of The Legend

Okay, Loyal Readers, it's story time.

Once upon a time, Aeneas of Troy escaped from the city during its sack by the Greeks, and eventually settled with his son Julius in Italy. Julius allied with some locals, and they founded the city of Alba Longa in a place today known as Castel Gandolfo, a resort city so nice that's where the Pope spends his summers and, let's face it, he has a choice. Julius' grandson was Numitor, and of course he was king of Alba Longa. Sadly, Numitor was deposed by his brother Amulius; Numitor barely escaped with his life and had to hide for many years.

Like lots of ancient usurpers, Amulius had a big family to deal with. Numitor's daughter, Rhea Silvia, he figured he could get rid of by making her a Vestal Virgin, because the Vestal Virgins were forbidden to marry, so that would mean she wouldn't have any pesky offspring to be rival claimants to his throne. Unfortunately, Mars (the war god) took a liking to Rhea, and you know what happens when gods start flirting with pretty human women, being all handsome and masculine. Yadda yadda yadda, and next thing you know, Rhea is pregnant. With twins. She has the boys, and names them Romulus and Remus.

Well, this is just what Amulius had feared. So while he couldn't bring himself to kill his niece, he apparently didn't possess similar compunctions about infanticide, and he ordered the babies put in a basket and floated down the river, where presumably they would die of exposure. They washed up on a hill well downstream, where a she-wolf finds them and brings them into the grotto where she lives.

Eventually, a shepherd named Faustulus finds the boys, and he and his wife raise them. They organize the shepherds of the area, and quickly come to the attention of evil old King Numitor. His men capture Remus, but Romulus led a rescue party and freed him, and from there the brothers led the locals against the usurper Amulius, and restored the throne to their grandfather.

They decided that this running-a-kingdom business looked like it had some advantages, so they figured they'd start a kingdom of their own. They went back to the place where the she-wolf had cared for them, and built some huts and set up a toll booth for the river crossing. They had many other adventures, which ultimately didn't work out so good for Remus, and we'll talk about that some other time. Point is, the town got named for Romulus, and it's still there to this day, filled with delightful seafood restaurants and a network of absolutely terrifying taxicab drivers.


A cool old legend? Sure. But now we know exactly where it (supposedly) happened. Archaeologists have recently found the grotto, with the original first-century frescoes, where Romulus and Remus and the she-wolf were worshiped by the Romans and where legend says that the she-wolf suckled and cared for the twins. They can't go in themselves, yet, because that would probably destroy the place. Fortunately, modern technology lets them send in boroscopes, lasers, and probably robots pretty soon.

Free Cars

There has to be a word for what happens when the same concept comes from two completely different sources in a very short period of time.

Last night, I taught my students in my business law class how to distinguish a contract governed by Article 2 of the Uniform Commercial Code from a contract governed by common law – does the service component of the contract predominate over the goods sold in the contract? For instance, if you buy a car (a good) and it comes with a warranty (a service), which facet of the deal is most important? The car, of course, so this is a goods contract, governed by the UCC. I asked for a counter-example, and a student said, “cell phones – the service is more important; they just give the phone away so you’ll use their service.” I thought it was a great example.

Today, I read about an entrepreneur who has noticed that as the cost of gasoline rises, the price of operating a car is trending toward exceeding the price of buying it. Apparently, Europe has already passed that point, for a typical used car. To this interesting economic balance, he’s hit upon an interesting proposal, borrowing from the economic model of a cell phone company that my student spoke about.

His company will give you an electric car. For free. It will use existing lithium-ion battery technology. You sign up to buy electricity from the company’s network of charging and battery exchange stations. The stations are relatively easy to set up – they just draw electricity from the existing power grid, and consist of a storehouse of batteries – you drive in, pop out the old battery, swipe your credit card, and pop in a new one, and away you go. The old battery charges up, and gets picked up by the next user. Obviously, there are logistical problems for getting something like this going, but I don’t see any reason why it couldn’t work, at least in an urban area where a network of stations could be set up in reasonably close proximity to one another, just like gas stations are today.

But is it good for the consumer? I think so -- let's take my car as an example. The Ninja gets somewhere between 325 to 375 miles on an 18-gallon tank of gas, depending on how much high-efficiency freeway use is going on in that time. Gas in the Antelope Valley is going for about $3.50 a gallon, and a little bit more in Los Angeles. Taking the average mileage, that's an operating cost of eighteen cents a mile. If the projections he's making are right, the cost of his service will be about seven cents a mile -- less than half. And there will be no cost of the car itself. So it sounds pretty good from this consumer's perspective.

The question is – would your relationship with the company be governed by common law or the UCC?

Hat tip to The Long Tail for the story.

Entitlement Driving

One woman’s lonely fight to document traffic violations in Los Angeles.  Shame is a powerful motivator, but anonymity trumps shame.  The number of violations she documents in a one-week period is astonishing.

Viral Film Marketing

A trailer for a movie to be released in January, Cloverfield, looked pretty good. I didn’t recognize any of the actors and it looks like a tense, fun action movie. Then I found out that this website is viral marketing for the movie. So is this site, whose name is the release date for the film. Best I can figure is that this is a monster movie. Looks like fun.

November 17, 2007

Ten Commandments To Our Pets

1. People food is for people; if thou walketh upon four legs, thou shalt not partake.

2. Thou shalt come when a human calleth thee by thine name.

3. Thou shalt not do thine business within the house, unless it be within a litter box.

4. No beast that walketh on the ground upon four legs shall walketh upon the kitchen counters, for this is an abomination to humans.

5. Submitteth thou to the ritual of claw-clipping and neither harm nor obstruct the human who administers it; if ye do, ye shall be rewarded with a treat.

6. Thou shalt not scratch nor chew upon the furniture; nor the good window blinds.

7. Enter not the sacred sanctum of the people which be called the "master bedroom."

8. Leave not the confines of thine territory; for cats this be the house and for dogs this be also the back yard but not the front.

9. Thou shalt not eat the food given by a human to any other beast but only thine own, nor shalt thou eat the contents of a litter box or any object; yea, satisfy thy mouth between meals instead upon the plentiful chew toys given to thee by the humans and rejoice in their bounty.

10. No tongue that licketh under thine own tail, or below the tail of any other beast, shall thereafter be used to kiss a human for any reason whatsoever, for this is an abomination.

November 16, 2007

Movie Review: Beowulf

Tonight was the release of Beowulf. My spot review for the movie was "It wasn't quite walk-out-of-the-theater bad."

The Wife disagrees.

I suppose it would have helped had we seen it in 3-D, like it was meant to be seen. All the characters were digitally altered (Anthony Hopkins just isn't built like that, which is a good thing) and they seemed to walk around strangely. Certainly I would expect the monsters to be digitally-rendered, and for the monsters, that was good. But I think the human actors should have been left to be human actors. Again, that may have been a function of the movie supposed to be in 3-D but the version we saw being the 2-D version.

There was a dearth of Angelina Jolie doing much of anything interesting. She has less than ten minutes of screen time. Grendel looked pretty cool and the fight scenes were good, but spoke in a language I could not recognize (wikipedia said it was Old English) and that too was distracting. The final battle was mostly a lot of fun, and the dragon looked great. Occasionally it was too cartoony even for me, but when you see a guy fighting a dragon you've got to understand that gritty realism isn't what you're after. Verisimilitude perhaps, but not realism.

If by some odd circumstance you are a great fan of the original poem, know that there are some very substantial liberties taken with the overall narrative arc of the story. I actually agree with them because they made the movie about something rather than a series of battles and funerals.

There are also some explicitly Christian references which feel grafted into the story -- not because I dislike the idea of Christianity in the story (there are some significant Christian themes in the original poem, which portrays Beowulf as a "suffering servant" and something of a parallel to Jesus except more of a bad-ass) but rather because they were so ham-handed and overt -- and because it showed the pagan Danes as far too interested and willing to accept the god of the Romans, who surely would have seemed weird and not associated with winners to them.

But with the larger narrative changes, a new sort of sensibility is found and two good themes get worked in through the film. The real meaning of the story shows through. Taking the easy way out inevitably leads to your short-term successes collapsing. If you really want something, you've got to earn it for yourself. I liked that part of the movie.

The costumes were believable, the makeup was good, so these guys really did look like what we imagine Vikings to have looked like (which may well not be historically accurate, but come on with the accuracy already). The female characters did not look like I would have imagined early sixth-century noblewomen looked; their makeup, hairstyles, and costumes looked straight of the Renaissance Pleasure Faire. The lighting was so bad that it was distracting and got in the way of the narrative. The acting seemed flat and the writing did the best it could with the overall arc of the story.

Beowulf
was a big disappointment, I'm afraid. My advice is -- you can skip it, especially if your theater, like ours, doesn't show it in 3-D.

(By the way, it didn't help that some people who sat in the seats near us were very loud and obnoxious. Both of them were apparently drunk. The man had a lengthy conversation on his cell phone set on speaker, and the woman seemed to be interested in having sex right there in the theater. Ew. They also seemed to think that watching the movie was an interactive experience; "That's right, you better get it on with her now before that monster comes back, boy!" I'd never really experienced that before, and I was grateful that after about ten minutes of this, the couple seemed to lose interest in the movie and they moved on to some other location.)