There's a strikingly sympathetic write-up in this week's New Yorker of Martha Stewart's current woes.



The factoid that caught my eye is that Stewart's Connecticut farmhouse contains two dogs, seven cats, and thirty canaries. Doesn't sound like ideal homemaking to me.

Quote of the Day:

"The single most exciting thing you encounter in government is competence, because it's so rare."

~ Daniel Patrick Moynihan



Song of the Day:

Shania Twain, "Up!"



Happy Birthday:

Alan Alda

Mikhail Baryshnikov

Jackson Pollock

Cell phones are being banned in gyms.



Because people are getting distracted on the elliptical? Nope. It's because cell phones are becoming digital cameras... Mini digital cameras and gyms (plus gym locker rooms) make for a yucky, perverted cocktail.

Noemi Emery of The Weekly Standard calls the Democrats' '04 contenders "small puppets, on feminist strings."



Sometime soon -- say, around Spring 2004, when George W. Bush begins spending his money -- whoever becomes the Democratic nominee may have second thoughts about his attendance at the NARAL dinner in Washington on January 21, 2003.... After the six had delivered their speeches, they sat while Kate Michelman, who had summoned them, gave them their orders: She expects from them no less than a full-throttle filibuster every time George W. Bush names to the federal bench a judge that does not meet her strict standards of purity. Did any of the senators sitting there wince when she said this? Did they think that they might today be in the minority because they had refused to vote on Bush judges? Did they consider what the country might think if they tied up the Senate, perhaps in wartime, to thwart abortion restrictions that most voters favor?
The New Republic also has a great piece on the NARAL dinner.



I can only pray that the '04 campaign is as much fun as it looks like it's going to be. It's such a joy to read the Hotline these days and watch the Democrats try to out-pander each other in front of the left-wing faithful in New Hampshire and Iowa.

The most expensive Ferrari ever, the Enzo, has begun rolling off the assembly line. Priced at $675,000, the Enzo has no carpet, no air conditioning, and is described by Car & Driver editor Brock Yates as "ugly, hideously ugly."



But then there's the 660-horsepower, V-12 engine, which helps make the Enzo the fastest car in current production. Only 90 will be shipped to the United States.

A cool article from TIME on "The CIA's Secret Army."

Today was the first day of the semester. Assuming I'm not wowed by the class I'm shopping tomorrow, it looks I will have all my classes on Mondays and Wednesday, with just one on Tuesday. The upside: weekends that start on Wednesday night. The downside: 6+ hours of class on Mondays and Wednesdays.



Fortunately there's yoga on Monday and Wednesday nights to ease some of the tension. Of course, tonight I spent the whole time fighting the urge to curl up in a ball on my mat and go to sleep.... Yaaaaawn.



While I'm in complain mode: Why, after a gazillion-dollar, seven-year renovation, does the Yale Law School feel like it's bursting at the seams? This school only has 600 students, but it feels like we spend all day getting tangled up in each other's computer cords. Maybe if the faculty could be prevailed upon to teach every once in a while, instead of constantly going on leave, we wouldn't all be crowded into the same classes. Grrr.



Or maybe I'm just depressed because this is my last semester in academia and it's dawning on me how much I'm going to miss it.

Quote of the Day:

"'Be yourself' is the worst advice you can give to some people."

~ Tom Masson



Song of the Day:

Alanis Morrisette, "You Learn"



Happy Birthday:

Lewis Carroll

Samuel Gompers

Wolfgang Amadeus Mozart

Professor Balkin has responded to Lily's answer as to why judicial nominations are different from university admissions. In an extended post, he made a point that caught my eye because I had asked Lily the same thing after she posted. In Professor Balkin's words:
Is the difference between the President and the University of Michigan admissions committee that the members of the admissions committee are acting as agents of the state while the President of the United States is not? That is, is the problem a failure of state action?
Is it?



Is the nomination of a judge or justice by the President state action? The first question is whether any action by the President can be considered action not by the state. If not, then the discussion is over. It does seem, though, that there must be some Presidential action that is not state action. There must be some Presidential action that can be separated out--that is, action taken by the President, but not action taken, in turn, by the United States. Let's say there is. Even so, can a judicial nomination fit into that category of action? Perhaps. There does seem to be something personal about a nomination. After all, it isn't an appointment, right? A judicial nomination is not the actual selection a judge--the action of selecting a judge is not complete, so to speak, until the Senate has confirmed the President's nomination. On the other hand, just because a nomination is only part of the action does not necessarily excuse it from being state action does it? In fact, while the Presidential action is only part of the selection of a judge, it is a necessary part. It is, in fact, a part of the judicial selection process by which access to the Senate confirmation process is limited. Isn't that, then, an affirmative act by the state? The President has affirmatively narrowed the pool of possible judges upon which the Senate can complete the process of selection.



Add to this the fact that the Constitution makes judicial "appointment" an enumerated power of the President. Yet, is this an enumerated power of the President, to be performed on behalf of the United States? That is not a necessary conclusion.



Where does that leave us? I'm not sure...

The New Republic's Michelle Cottle is appalled by Joe Millionaire. She makes a good point that applies to all these shows:



Today's reality contestants may not technically be actors, but their top goal isn't to win a husband, find true love, or even land themselves $50 million. It's to be on television. That is what defines their value system. To draw any conclusions about what men or women are like from these programs is ridiculous--as is believing that contestants' anguished tears, shy smiles, or catty asides are anything other than part of a carefully contrived on-air persona.... But against all reason, there's something about the label "reality TV" that gives these freak shows resonance even with reasonably sane, intelligent people (not to mention most FOX devotees.) All of a sudden people begin to wonder if this really is what women crave deep down.
Good point, although I think most people are able to recognize these situations for the contrivances they are.

Andy Roddick had one heck of a run at the Aussie Open. I saw the ESPN re-run of his 21-19 fifth set victory in the Quarters. It's too bad he lost in the semis, but I can't imagine it would have been much of a final if he had made it through. His wrist looked so bad that he may have had to pull out of the finals had he made it, which would have been worse, I think, than losing in the semis.

Quote of the Day:

"Money can't buy friends, but it can get you a better class of enemy."

~ Spike Milligan



Song of the Day:

Britney Spears, "Stronger"



Happy Birthday:

Hadrian

Frederick the Great

Elliot Abrams

John Belushi

Mary Lou Retton

Edith Wharton

Salon reports:



[A]s of Sunday, after the Super Bowl, a new, revamped "Alias" hits the airwaves. Weekly cliffhangers will disappear and new episodes will be more self-contained, requiring less knowledge of the previous week's episode.
I really hope this doesn't ruin the show.



Also, check out this fan site.

A New York Times article on circumcision says opponents of the practice are using lawsuits to further their cause:



Circumcision for other than religious reasons is a relatively recent phenomenon in the United States. It began in the late 19th century and peaked in the 1960's at 90 percent of newborns. Circumcision rates vary widely. They are highest in the Midwest, about 80 percent, and lowest in the West, under 40 percent.



The procedure is not common elsewhere. In Canada, the rate is 17 percent and in Britain 5 percent. Elsewhere in Europe, in South America and in non-Muslim Asia, the procedure is rare.
All news to me.

Joe Millionaire Evan Marriott has a suggestion for a possible gender-reversed sequel to the Fox show:



"They ought to call it Jane Big Boobs," he suggests with a grin. "They get a woman with big, fake boobs, have all these guys go after her, and then, in the end, she takes them off and goes, 'Ha! I'm as flat as a f---in' pancake!'"
Lovely.



In other reality-TV news, here's a little hint about how The Bachelorette will end.



Can you tell my exams are over?

British Judge George Bathurst-Norman says "prison obviously has to be an option" for a man convicted of beheading a marble statue of Margaret Thatcher. Hear, hear.

An MIT study asked Americans what invention they could not live without. The top vote-getter was the lowly toothbrush, followed by the car, the personal computer, the cell phone, and the microwave, in that order.

David Blankenhorn doesn't like personalized wedding vows. And if his argument doesn't convince you, maybe this advice column will.

The Weekly Standard has a piece on Eric Cantor, my Congressman. He's the only Jewish Republican in the House.

Movie Quote of the Day:

"You get what you settle for."

~ Thelma & Louise



Song of the Day:

Bette Midler, "Baby, It's Cold Outside"



Happy Birthday:

Humphrey Bogart

John Hancock

Rutger Hauer

Edouard Manet

Jeanne Moreau

Professor Balkin, even after consulting the I Ching, has reservations about going to war with Iraq:
The major problem, as I see it, is that we really don't know how long the war will last, how many people will be killed and dislocated, how many refugees we will create, how many lives we will shorten through sickness and famine, whether we will destabilize other regimes in the Middle East, and whether America's enemies will use our preoccupation to gain advantages elsewhere in the world (think about North Korea, for example).
Kitchen Cabinet reader GH responds:



[W]hat war has America fought in the past 220 some-odd years where we did know how long it would last, how many would die or anything else? By the newly proposed "Balkin Doctrine," not only would we never fight another war under any circumstances, we wouldn't have fought any past wars either! There are good cases to be made against war with Iraq, but this is one of the worst attempts yet seen in blogland. Maybe the moral is that law professors should be careful about arguing military strategy?
Amidst the barrage of criticism tonight, the Kitchen Cabinet emphasizes that it has the utmost admiration for Professor Balkin, who is deservedly one of the most popular professors at YLS. It's just that none of our other professors are hip enough to have blogs... The day Bruce Ackerman starts blogging is the day we leave Jack Balkin alone!

Did your college have cheerleaders for the chess team? An article in the Christian Science Monitor bemoans anti-intellectualism on campus and shows how one school is trying to bring nerdiness into vogue.

Ampersand responds to the Kay S. Hymowitz article I posted about on Monday with some research showing that references to "Sharia," "Afghanistan," or "Islam" far outnumber references to "Augusta" or "lacrosse" on feminist websites.



That's interesting, but it's not exactly a refutation of Hymowitz's point. Leaving aside the valid question of whether all those mentions of "Afghanistan" are actually about the way women are treated under fundamentalist Islam (as opposed to "war-hurts-women" silliness), doesn't proportion matter? On one hand, we have women murdered for the crime of having been raped; on the other hand, we have good-old-boy discrimination at a Southern golf club. I'll submit that the outcry over the first should deafen the outcry over the second. And Google searches aside, I just don't hear that happening.



Ampersand does make an excellent point: "Is it ridiculous for American feminists to be concerned about American problems when women elsewhere have it worse?" No, not at all.

Professor Balkin asks:

[W]hat principle allows presidents to take race as one factor among many in nominating Supreme Court Justices but does not allow the University of Michigan to take race as one factor among many in selecting a student body?
In response, I'll make the obvious point that presidents are "allowed" to consider a whole host of things in making judicial nominations that we wouldn't consider relevant or appropriate in an undergraduate-admissions context -- whether the president trusts and respects the candidate, whether they have personal rapport, whether the candidate stands a decent chance of being confirmed or of serving for many years, etc.



I'd consider a different set of personal characteristics in drawing up a list of invitees to a dinner party than I would in deciding whom I'd let join my Richard Posner fan club. Do I need a "principle" to do that, other than "they're two different things?"



And what does the word "allowed" mean here, anyway? The president's nomination of Supreme Court Justices is, at bottom, his personal choice. Ideally, we'd like his choice to reflect some national or party consensus about the kind of person we want on the Court, but if the president wants to ignore what everyone else thinks and draw a name out of a hat, he can. He's under no obligation to explain how he chose. There's no question of what's "allowed" and what's not; that's just the way the process works. (Of course, the Senate confirmation process provides a check on presidential idiosyncrasy.)



But because the University of Michigan is a public school, its admissions officers are acting as agents of the citizens of Michigan to allocate the limited seats in the class. No one believes that the criteria for that allocation should be left up to the personal whims of individual admissions officers; therefore, it's appropriate to ask what they are "allowed" to consider. You can agree or disagree about whether race should be on that list. Either way, I don't think Balkin's analogy helps you much.

More Nixon stuff. James Warren has a piece in the Chicago Tribune (requires registration) about a recently released tape of a rambling 2-hour conversation between Nixon and H.R. Haldeman.



The topic as we begin is the opening of the Kennedy Center:



"Time has a lot of pictures. And, ah, nauseating. It shows. It has a whole strip of pictures of ... " Haldeman says before his boss interrupts to bring up something totally unrelated: praising the "modest dress" of the wives of his Cabinet members, all of whom had come to the White House earlier in the day.



Haldeman seems undeterred, citing the presence in one Time photo of Joan Kennedy, then the wife of Sen. Edward M. Kennedy.



"The magazine makes the point of showing Joan Kennedy with a slit up to the top of her thighs," Haldeman says. "But they also have a whole strip of pictures of Bernstein kissing everybody he could find and, ah, he's kissing a lot of men on the mouth, you know, including the big black guy. I think it's Alvin Ailey, the head of the dance troupe. And, you know, men kissing men is not... in that world but it is done."



"It is done," says Nixon. "You know the Jews do that."



"But not on the mouth!" shoots back Haldeman.



"He did?" asks Nixon.



"Cheek to cheek, yeah, both cheeks," informs Haldeman.



"Kissing on the mouth?!" asks Nixon.



"Yeah, right head on," says Haldeman.



"Ah, absolutely sickening," responds Nixon.



Haldeman agrees, "It's kind of revolting! Men kissing men on the cheek is a pretty accepted thing."



"Oh, sure," says Nixon.



"The Jews do it all the time. Jews," says Haldeman.
I swear, Saturday Night Live couldn't do it any better.

My favorite Hotline headline today: [Gary] HART: If You Ask Him, He's Underrated.



Also, good stuff from Craig Kilborn last night:



Today the U.N. Security Council passed a resolution denouncing a possible "Kangaroo Jack 2." Coalition forces are set for a Gulf war. The U.S. will provide 260,000 troops, Great Britain will provide 60,000 marines and France will provide four pastry chefs.... I plan on watching the Super Bowl the way I have the past 20 years, at a bar with the Philadelphia Eagles.... The U.S. has a powerful new weapon in the war on terror, a tank, driven by Diana Ross.
But back to Hart, who told the WP, "I have an odd appeal to young people.... I've always been underrated. And I live in hope."



Here's a recent Hart speech to the Council on Foreign Relations.

Finals end for me at 4:00 this afternoon! Then it's a relaxing few days of catching up with old friends, running errands I've been putting off, and (most importantly) keeping Kate company when she takes breaks from her paper-writing.



Tonight I'll celebrate my freedom with a yoga class, and then some guilty pleasures await... here's one... here's another.

Quote of the Day:

"In the depth of winter, I finally learned that within me there lay an invincible summer."

~ Albert Camus



Song of the Day:

Jessica Simpson, "I Wanna Love You Forever"



Happy Birthday:

George Balanchine

Francis Bacon

Lord Byron

Piper Laurie

Eugene Volokh is coming out with a book on law student writing. In it, he plans to have a section on "how to publish" (in law reviews). (He's also previously written directions as to how to write a law review article.) I'm not going to deny that I would have loved this sort of advice when I was in the midst of the process last spring. However, it's also not any real mystery to people who have been in the industry. So the one thing I would add to his list of things to do: Work for your law school's law review (preferably the main one, but others will provide a similar experience). Working on the law review not only demystifies the process, but it gives you a good look at the kind of stuff that comes in and the level of rigor involved in article review. This latter point is why I note the "main" law review--you'll get a better sense of the general quality of legal scholarship submissions if you work for the main review.



Eugene's best bit of advice?
Finally, a word about an inevitable part of this process -- rejection. Even experienced law professors at top schools generally get rejections (or silence) from over 90% of the journals to which they submit. I know; I've written over 30 law review articles, half of which were published in top 20 journals, but my submissions still get rejected by the great majority of the places to which I send them.



Rejection is part of the process, and the only way to deal with it is to try to ignore it. Remember that all you need is one acceptance. Remember also that rejections happen for many reasons, and might have nothing to do with the merit of your piece -- for instance, the articles editors might prefer other topics, or might be prejudiced against student-written work.



The worst thing you can do is let your fear of rejection keep you from circulating the article as widely as possible, or recirculating it if it wasn't picked up the first time around. Remember: It's not personal. It's not about you. It happens to your professors all the time. And no-one will know.
Indeed. No fear. No fear. It's not just a cliche for t-shirts. As my eigth grade math teacher once told me, if you want to run with the big dogs, you've got to jump in the tall weeds.

What country are you most like? Take The Country Quiz and find out. Actually, take it several times, hit the back button and vary your responses, and waste lots of time!



It seems I'm either Brazil ("athletic, charming, and probably a good dancer.... you probably consider homeless people expendable in certain circumstances") or Singapore (small but well-built... people are a little afraid of you").

Speaking of Kitchen-y, Sua Sponte has taken a much needed break and has posted a recipe.

Internet service providers must help reverse track their suscribers in the name of copyright protection. Blech. I'm less concerned about the ramifications for music piracy and more concerned about the ramifications for internet privacy.

Speaking of the Volokhs, has anyone noticed the eerie resemblance between Sasha Volokh and Nick Horvath of the Duke Blue Devils? Ever wonder why "Sasha" goes through those long stretches when he doesn't post? Not convinced? Try comparing this picture of Sasha and this picture of Nick. I wonder if Quare has anything to add to this speculation...



While we're in the category of separated at birth, how about Rich Gannon and the guy (John Shea) who played Lex Luthor on Lois and Clark: The New Adventures of Superman?



As you can well see, finals are over for me. I'm writing a paper now, but I am clearly back on the blog wagon.

Even the Volokhs have gotten all kitchen-y. Here's a recipe from Eugene Volokh for Black Russian Cake. I've never seen a recipe call for both vodka and instant chocolate pudding, but okay.

Quote of the Day:

"I regret to say that we of the FBI are powerless to act in cases of oral-genital intimacy, unless it has in some way obstructed interstate commerce."

~ J. Edgar Hoover



Song of the Day:

Robert Miles, "Children"



Happy Birthday:

Ethan Allen

Christian Dior

Placido Domingo

Stonewall Jackson

Jack Nicklaus

Why has feminism been silent about the horrors inflicted on women under fundamentalist Islamic regimes? Kay S. Hymowitz is tough on today's feminists:



They have averted their eyes from the harsh, blatant oppression of millions of women, even while they have continued to stare into the Western patriarchal abyss, indignant over female executives who cannot join an exclusive golf club and college women who do not have their own lacrosse teams.



But look more deeply into the matter, and you realize that the sound of feminist silence about the savage fundamentalist Muslim oppression of women has its own perverse logic. The silence is a direct outgrowth of the way feminist theory has developed in recent years. Now mired in self-righteous sentimentalism, multicultural nonjudgmentalism, and internationalist utopianism, feminism has lost the language to make the universalist moral claims of equal dignity and individual freedom that once rendered it so compelling. No wonder that most Americans, trying to deal with the realities of a post-9/11 world, are paying feminists no mind.
Hymowitz's piece offers an excellent summary of all the reasons so few women my age are willing to identify themselves as feminists. The word doesn't mean what it used to mean.

Salon's Allen Barra says NFL officiating is terrible, but he has some suggestions:



Of all the people at the football game, the referees are usually the ones in the worst possible position to see what happens.... Why not simply put a TV booth somewhere on the sidelines, and when there's a disputed call, just have the officials run over and see what we're seeing. Then, for the first time, pro football officials will be as knowledgeable as the fans who berate them.
And here's Barra in another column, on Terrell Owens:



I don't know if Terrell Owens is the biggest asshole in the history of sports. That's too bold a statement for a world that still contains Scottie Pippen, Bobby Knight and Albert Belle. But I do know that his actions toward the end of the 49ers-Giants game last Sunday were as appalling as anything I've ever seen from a professional athlete on a field of play.... Has anyone ever seen such reckless disregard for his team as Owens showed on that taunting call? The only person I think to have ever topped such behavior was Owens himself just seconds later.
Fortunately, thanks to the Bucs, Owens is sitting at home now.

On Martin Luther King Jr. Day, an eerily appropos post about a plot to assassinate Washington state governor Gary Locke.

Flying the "friendly" skies. I have just one thing to say: Have you ever taken a close look at those airplane seats? I mean, I wouldn't plant my bare bottom on those seats.



In other odd news, here's a vocabulary alert: Who's ever heard of birds being "bamboozled"?



More substantive posts are no more than a week away, I promise. In the meantime, I imagine Lily will continue her excellent heavy lifting around here...

Micro and soft tentacles reach into deep into Russia.



If this doesn't sound creepy, I don't know what does:
Signing on to Microsoft's Government Security Program will allow Russia, and any other signatory, to weave its own technology into Microsoft's Windows platform and adapt Windows to its needs and test its ability to fend off hackers.
Russia, it appears, will get to see Microsoft's sourcecode in exchange for its technological soul.

The Weekly Standard's Andrew Ferguson spent Richard Nixon's 90th birthday at the Nixon archives. A curator told him to pluck a random tape from the collection, and the one Ferguson chose contains a few conversations in the Oval Office on April 9, 1971. It's such good stuff that I'm going to quote at length. The first exchange is between Nixon and his former Treasury secretary, David Kennedy, and Al Haig. The topic is the Agency for International Development, of which RN is not a fan:



"Goddammit, Al, I told them I wanted that AID budget cut! It's not the money, it's the personnel. Get those bastards out of there! You got all these young whippersnappers [actual word--Ed.] running around Asia knocking our policies. Get. Them. Out. Of. There."



"Yes, sir!" Haig says. "Should have been done already!"



"I'll tell you, we got to break some china around here. We need hard-headed, tough guys, not this usual State Department way of doing things. All these guys over there--they're weak. They go to these goddamn Eastern Ivy League schools and they're not pro-American."



Kennedy goes on to mention unflattering reports he'd heard about Peace Corps volunteers.



Nixon's feet hit the floor. "Goddamn them, Al! That's another thing I told those bastards to cut! I've never seen a place where the Peace Corps was worth a damn. Am I right? Oh sure, it's great for the kids. They're going to a nice Eastern college, they want a nice little vacation. Well, send them to the goddamn Congo then!"
The next conversation involves Len Garment and Nancy Hanks, a hapless member of the Rockefeller Brothers Fund who has come to talk to Nixon about the arts. RN starts in on movies:



"Now, Nancy, it turns out, 52 percent of the movies we see here in the United States were made abroad. What I want to do is find a way to keep these damn foreign movies out. Oh, I know they're supposed to be so damn great and so forth. To tell you the truth, I don't see many movies. Saw 'Love Story.' 'Patton.' But my point is, I will not have America slip to number two in the world when it comes to movies."



Mrs. Hanks protests that the popularity of foreign movies is owing to their superior quality.



"Well, then, here's what I want you to do. I want you to take it to the movie industry. You tell 'em, You've got to start producing good movies. Say: No more of this weird stuff! Shape up! The family movie is coming back, you know. People don't like arty. They don't like offbeat. But the film industry, they're trying to reflect the intelligentsia"--the word drips with venom--"and that is their big mistake. Following the intelligentsia is where they always go wrong. Look at these film schools today. All they do is the weird stuff. They produce weird movies. They produce weird people."



But Hanks and Garment have come to talk not about the movies but about the government's grandest current project for the arts, the construction of the Hirshhorn Sculpture Museum on the National Mall.



"Is this going to be some of that--that modern art?" Nixon asks suspiciously.



"It is, Mr. President," Mrs. Hanks replies, in her Rockefeller voice. "It's one of the finest collections of modern sculpture in the world." In the wuld.



"Oh yeah?" Silence. Then: "Don't let it be one of those horrible modern buildings, all right? 'Cause if it is, we're not going to do it."



Garment and Hanks try to explain that the plans have already been approved. Nixon's voice deepens. "I will not have the Mall desecrated with one of those horrible goddamn modern atrocities like they have in New York with that, what is it, that Whitney thing. Jesus H. Christ. If it looks like that, it--will--not--happen." Silence.



"And I don't want 'controversial,' either. All right? Now this list for the board or whatever. Am I stuck with these names?" Garment assures him the list for the museum's board of directors can still be changed.



"Good. I'm taking all the Easterners off of here. Got that? Every single one. And this name--what's--some Harvard name. Know him. Part of the Eastern Establishment. Rich guy, but he'll never lift a finger to help us. Well, the hell with him. Am I right?"



Nixon mentions names of California donors he would like placed on the Hirshhorn board. "Just put 'em on the list," he says. "I mean, why not? Think they'll make the thing a disaster? They can't make it a disaster because it's a disaster already!"



"No, no, Mr. President," Mrs. Hanks scolds. "It will not be a disaster!"



"Oh, come on, Nancy," Nixon says quietly. "I've seen the plans."



Another silence. "Well," he says at last, "I wash my hands of the damn thing. Just make sure I don't have to see it when I look out this window."
"And there it is," writes Ferguson, "an entire administration in miniature." Nixon never stopped hating "the Eastern Establishment," and they hated him right back.

The Ninth Circuit has ruled that the Internal Revenue Service committed fraud and acted deceitfully in granting secret deals to two pilots in return for their testimony against 1,300 other pilots who were participating in the same tax shelters. (via InstaPundit.)

The NYT on the recent "election" in Cuba:



The father of Elián González, the Cuban boy at the heart of an international child custody battle in 2000, is on the ballot for Cuba's Parliament in elections on Sunday, along with Fidel Castro, an Olympic track medalist and a popular folk singer.



Candidates for the 609 seats run unopposed, leading critics to complain that elections on the Communist island are meaningless.
Um, yeah.



Link via Martin Kimel.

Quote of the Day:

"No Western nation has to build a wall round itself to keep its people in."

~ Margaret Thatcher



Song of the Day:

Collin Raye, "That Was a River"



Happy Birthday:

Buzz Aldrin

George Burns

Federico Fellini

David Lynch

Feeling Super: Congrats to the Bucs on their very first NFC Championship. At least one friend of the Cabinet is celebrating right now.

First they tell us alcohol is good for us, and now nicotine?



While sucking on a cigarette definitely is bad for your health, numerous non-smokers may find themselves some day being prescribed nicotine patches to combat Alzheimer's disease.
But I find it suspicious that this research is being brought to us from "scientists in North Carolina."

George Will doesn't like George Ryan's decision to empty Death Row in Illinois. Ryan, he says, "will be remembered as one of Illinois' worst governors, which is saying something."

Sunday stops, with the Bucs-Eagles game on in the background: It look from Punditwatch like the Sunday shows were dominated by talk of the Michigan affirmative action case. But here's the Quip of the Week, from The News Hour:



Mark Shields: "Now with Gore out, it's pander bear city. The Democrats will be pandering to each constituency, all of them trying to get the McCain mantle and at the same time being the anti-McCain by just caressing all the erogenous zones for the body politic."



David Brooks: "Yeah, but the Republican Party, we actually don't have erogenous zones."
And the NYT wedding is quite cute today.

Should we go to war with Iraq? Jack Balkin asked the I Ching.



Apparently he also just published an annotated translation of the I Ching called The Laws of Change: I Ching and the Philosophy of Life

Movie Quote of the Day:

"Perhaps I shall send some Dom Perignon up to your room."

"I prefer to be alone tonight. Perhaps later I will meet your friend Dom."

~ Beverly Hills Ninja



Song of the Day:

Cathy Dennis, "Too Many Walls"



Happy Birthday:

Paul Cezanne

Janis Joplin

Robert E. Lee

Dolly Parton

Edgar Allen Poe

Mickey Kaus finds four annoying things about this article in the NYT by "Justice Greenhouse."

Movie Quote of the Day:

"The Bat Signal is not a beeper!"

~ Batman



Song of the Day:

Oasis, "Don't Look Back in Anger"



Happy Birthday:

Kevin Costner

Cary Grant

A.A. Milne

Montesquieu

Daniel Webster

Following an early morning accident on I-95, the campus here is in mourning. Our hearts go out to the families and friends of those involved in the accident.

"He's a bust! No, wait; he's the next Shaq!" Slate's Robert Weintraub is annoyed that Yao Ming's former critics have become his biggest fans.



ESPN.com hypes his meeting with Shaq here and here.

Cold nights, hot fruit: "Pears cooked in red wine, pineapple roasted with a sugar syrup or bananas broiled with a bubbling brown sugar sauce are all ways to enhance the fruit flavor." The WP has yummy recipes.

A million bucks to get your twin toddlers into the right nursery school? Sure, if you live on the Upper East Side:



Such is the Darwinian admissions derby for Manhattan's finest private nursery schools. The tykes face the fiercest odds — 15 applicants for every slot is about average. Their parents are people unaccustomed to losing anything, and the search for an edge is ceaseless.
Link via Martin Kimel, who has a promising new blog.

Did you know that Christopher Robin was a real person? Here's the Saga of Pooh. The bear is currently the subject of multi-billion dollar litigation involving Disney and the heirs to A.A. Milne's merchandising rights.

Just received my first duct tape handbag from Vanessa Jean, and I couldn't be more pleased.



Ladies, I highly recommend these. And guys, if you're looking for that perfect Valentine's Day gift — fun and unusual, but practical enough to use — look no further. I suggest the Hanna in pretty princess pink. She'll love wowing her friends with her beautiful handbag made of duct tape!

Josh Sargeant doesn't read blogs without the comments feature. Colby Cosh's response: "I trust that the people who feel this way have designated walls for visitor graffiti in their homes."



We've considered adding comments, but so far decided against it. Any thoughts from our readers?

Recent YLS grad Jedediah Purdy has an article in The Atlantic about trust:



Without trust, social life is all but impossible. We walk down the street unarmed, invest our money with strangers, and pay taxes—all because we trust that nobody will mug us, take the cash to Cancún, or use government revenue to enrich a family company.... Today, when your credit-card number makes regular trips to Bangalore and Ghana, start-ups get their money from millions of pensioners and private investors, and you put your life in the hands of several federal bureaucracies whenever you fly or take a train, trust is holding up the world. We had all better hope this Atlas does not shrug.
But, he reports, studies show that we trust our government (and each other) less and less all the time.

Steven Jens has some useful information: How to order Girl Scout cookies if you don't know any Girl Scouts.

each new morn,

New widows howl, new

orphans cry, new sorrows

Strike heaven in the face.
An article about evil and human nature in Shakespeare's Macbeth.

John McWhorter explains in a Salon interview why he doesn't think Theo Huxtable needs affirmative action.

After meeting his future wife through his blog, Spoons is closing shop. I'd only recently discovered his site; sorry to see him go.



And for the few people who haven't seen it yet, here's the NYT piece that ran yesterday about InstaPundit.

So I was in the law library stacks the other day, taking a final, and in the carrel next to me someone was eating their lunch. Now, I have been known to smuggle the occasional Diet Dr. Pepper or granola bar into the food-free library environment myself. But this was lunch -- sandwich, soup, drink, the whole deal. Chomp, chomp. Slurp, slurp. Leaving aside the issue of how one smuggles soup into a library, it was just plain rude.



I'm taking another final tomorrow morning -- nice and early, so I'll be done in time for Duke vs. Maryland. Plus, I'll avoid the lunchtime crowd.

More on New York hamburgers from a reporter who ate one every day for two months. He calls that $41 burger "genuinely lousy, a mushy, gray thing of loose consistency and little flavor."

A friend points out this Andrew Sullivan take-down of Sheryl Crow:



Ms. Crow showed up at the latest public relations exercise for the music industry, the American Music Awards, dressed in a sequined t-shirt with the message "War Is Not The Answer" blazoned across it. One word: Sequins? Here is a fabulously wealthy, famously cute singer, telling the impoverished men, women and children tortured, gassed and abused by one of the most disgusting dictators of all time that any attempt to rescue or liberate them is "not the answer." And she expresses this message in sequins. She couldn't afford diamonds?
I'm off to take a walk while the weather is merely brisk and not positively arctic. I'll try to post more later today.

Quote of the Day:

"What do I know of man's destiny? I could tell you more about radishes."

~ Samuel Beckett



Song of the Day:

Live, "All Over You"



Happy Birthday:

Muhammad Ali

Al Capone

Benjamin Franklin

Joe Frazier

Vidal Sassoon

In a post about Roe v. Wade, Professor Balkin writes that in 1968, "mainstream Republicans routinely took positions that today seem quite moderate, if not outright liberal."



Does he mean to imply that, in contrast, these days it's not routine for mainstream Republicans to hold moderate positions? If so, I'd be interested to know exactly what "moderate" means to him.

The world's most expensive hamburger is at New York's Old Homestead restaurant, where you pay $41 for the "'hand-massaged, beer-fed' kobe beef, 'lobster mushrooms' and micro greens on a parmesan twist roll." (via Andrew Raff)



I'm in the midst of a final today... Yech.

Quote of the Day:

"In any contest between power and patience, bet on patience."

~ W.B. Prescott



Song of the Day:

Billy Joel, "All About Soul"



Happy Birthday:

Moliere

Joan of Arc

Martin Luther King, Jr.

Gamal Abdul Nasser

Cardinal John O'Connor

Aristotle Onassis

Edward Teller

Lee Teng-Hui

The Weekly Standard has noticed that article about the religious-secular party divide that I keep forgetting to post about. The original piece, by Louis Bolce and Gerald De Maio, found that the "religion gap" between the two major parties is far wider than the gender gap — even though the gender gap gets far more press coverage.



Another striking finding is the intensity of many secularists' dislike of conservative Christians—vastly greater than any dislike of Jews of Catholics discernible in the survey data from the University of Michigan that the authors analyze. "One has to reach back to pre-New Deal America," they write, "when political divisions between Catholics and Protestants encapsulated local ethno-cultural cleavages over prohibition, immigration, public education, and blue laws, to find a period when voting behavior was influenced by this degree of antipathy toward a religious group."



As for why the Democrats' secularist support goes unreported, Bolce and De Maio articulate well the obvious explanation. Mostly secularists and Democratic voters themselves, elite journalists tend to see the influence of conservative Christians as a danger and therefore a story. At the same time, they are all too aware that Americans at large remain a predominantly religious people; thus, journalists "implicitly understand the political ramifications of characterizing the Democrats" as the party of unbelievers—a group even more disliked than Conservative Christians.
Fascinating stuff, with implications that might well make both parties squirm. The original article is here — well worth a look (scroll down to "Fall 2002").

The New Criterion reviews The West and the Rest: Globalization and the Terrorist Threat, by Roger Scruton:



It is often said, and rightly, that the West is the cradle of political freedom. When asked what we are fighting for in the war against terrorism, we say we are fighting to preserve freedom. This is true, but it is not wholly true, for, as Scruton points out, freedom unchecked is ultimately a self-consuming passion. Freedom animates civilization. But understood as the emancipation from restraint, freedom can also appear as the enemy of civilization, for civilization requires restraints. Hence the familiar paradox that freedom, if it is to flourish, requires definition, which means limitation and direction—unfreedom, if you will. This is not to deny the great, the inestimable value of freedom. It is simply to say that freedom cannot be rightly pursued in isolation from the ends that ennoble it.
And Salon reviews a new book on globalization by Yale Law professor Amy Chua. Her title certainly isn't one of those annoyingly vague ones. The book is called World On Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability.

The Kitchen Cabinet welcomes Yale Law professor Jack Balkin to the blogosphere.

Quote of the Day:

"In the depth of winter, I finally learned that within me there lay an invincible summer."

~ Albert Camus



Song of the Day:

Men At Work, "Land Down Under"



Happy Birthday:

Faye Dunaway

John Dos Passos

Andy Rooney

Albert Schweitzer

After a town gets sold on Ebay, this guy tries to sell his family. It's bad, but not as bad it first sounds.
Young said the auction winner would receive a lifetime of platonic companionship, including invitations to family outings and holiday gatherings as well as tips on writing, gardening and cooking. The minimum bid was $5 million.



The family was willing to relocate anywhere, and the elder Youngs would change their surname.



"You have patrons of the arts, museums and charities. I wanted a patron for my family," he said.
More holiday gatherings with family? As if people don't already have enough of those without buying themselves more.

Thanks to everyone for the birthday greetings. The birthday was dampened some by exams, but friends were over and a good time was had by all.

An article by a college friend of mine that anyone who cares about education should read. The title? "How I Joined Teach for America--and Got Sued for $20 Million."

A good Peggy Noonan column today on the Democratic '04 contenders:



You can't go for the presidency unless you have a solid, steely ego, but you wonder if President Lieberman's ego would spill over and create a private pool in which he swims laps in his own private world. Would the historical meaning of a Lieberman presidency be: Am I fabulous or what?
Lieberman just announced his candidacy this morning.

Two kids stressing you out? Have another one.

All the talk of North Korea in the news made me think of the memorable Earth at Night photo. Guess I wasn't the only one. Radley Balko reports that Donald Rumsfeld mentioned the map at a news conference recently:



Rumsfeld noted the stark contrast between North and South Korea on that map. The North, he noted, is almost completely indistinguishable, while the South is almost completely illuminated. A stark example of the wonders of free markets.



It really is a wonder to look over. Find Japan first (note how illuminated it is, too), then find the brightly-lit nub just to the west of Japan's southern tip. That's South Korea. The barren darkness just above it is North Korea. Note the similar contrast between Cuba and Florida. Between China and Japan.
A bigger version of the picture is here.

The Weekly Standard's Johnathan V. Last explains "why 'The Two Towers' won't win Best Picture, even though it should."

Movie Quote of the Day:

"Invention, my dear friends, is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple."

~ Willy Wonka and the Chocolate Factory



Song of the Day:

Mariah Carey, "When I Saw You"



Happy Birthday:

Horatio Alger

Robert Stack

Sophie Tucker

Busy weekend. The Kitchen Cabinet celebrated Kate's birthday (and Dick Posner's!), watched much football, and even studied a little.



--Here's Punditwatch, with a review of Bill Frist's first Sunday appearance as Majority Leader. Quip of the Week is from Capital Gang's Margaret Carlson, commenting on New Mexico Governor Bill Richardson's meetings with North Korean leaders: "I think we should all sleep better tonight knowing that peace is at hand between New Mexico and North Korea."



--Here's another obligatory Sunday stop, the NYT featured wedding.



--More SUV-bashing, this time from TNR.



--Do headache medications cause headaches?



--Finally, two wrenching articles: this one from the WP on one family's struggle with Alzheimer's, and one from the NYT on family life when Dad is in jail.

Quote of the Day:

"If someone loves a flower, of which just one single blossom grows in all the millions and millions of stars, it is enough to make him happy just to look at the stars. He can say to himself: 'Somewhere, my flower is there...' But if the sheep eats the flower, in one moment all his stars will be darkened..."

~ Antoine de Saint-Exupéry, The Little Prince



Song of the Day:

Nat King Cole, "L.O.V.E."



Happy Birthday:

Jon Barbour

Edmund Burke

Tom Dempsey

Jack London

John Singer Sargent

Howard Stern

Big day at the Kitchen Cabinet. Not only is it Kate's birthday, it's Richard Posner's!

Movie Quote of the Day:
"I'm gonna rip the eyes out of your head and piss in your dead skull! You f***ed with the wrong Marine!"
~ A Few Good Men

Song of the Day:
The Tune Weavers, "Happy, Happy Birthday Baby"

Happy Birthday:
Mary J. Blige
Clarence Clemmons
Ben Crenshaw
Alexander Hamilton
Naomi Judd
Elbert Lin
Richard Posner

Okay, it was cool, but this is a bit much:



On Friday night we saw The Two Towers, and when Legolas swung himself backwards onto that moving horse, I think I got pregnant.
(Via InstaPundit.)

Oh, c'mon. There are people who don't understand sarcasm?

I was recently reminded of the grade inflation (I prefer "honors" inflation, and you'll see why in a minute) at the school up North. Apparently, 90% of the students at Harvard undergrad were graduating with honors of some stripe. Should that awful 1994 movie starring Joe Pesci and Brendan Fraser have actually been titled "Without Honors" and been a story about a Harvard undergrad desperately trying to avoid graduating with honors? Please, please, I don't want honors!



In my search for an article talking about the Harvard honors inflation, I found this NY Times article from May 2002. It seems they have changed their grading system--the accompanying explanations are completely outrageous:
Bowing to criticism that too many students were receiving A's, the Harvard University faculty voted yesterday to overturn at least a generation of tradition by adopting a marking system more like that of most American colleges.



...



At a closed meeting, the faculty voted in favor of two sweeping changes. First, Harvard will switch from an idiosyncratic 15-point grading scale to the more conventional scale in which a 4.0 is an A and a zero is an F. The change will narrow the difference between an A-minus and a B-plus, which the faculty hopes will make a B more palatable. Second, Harvard will limit the number of students allowed to graduate with honors to 60 percent of a class. Nearly 90 percent of the students in Harvard's class of 2001 graduated with some form of honors.



...



But in a 10-page report recommending the changes, Ms. Pedersen and two other deans openly agonized that the changes could backfire. In putting a cap on the number of students permitted to earn honors, they fretted, they might discourage students from taking intellectual risks like writing a senior thesis or taking a challenging course.



For at least a generation, the report said, students who decided to write a senior thesis entered into an implied contract with the faculty in their department that they would receive at least a cum laude degree.



Under the new system, writing a thesis will no longer hold out the promise of honors, and students may decide not to try an experience that has enriched senior year: staying up late researching and writing; developing an argument to defend in an oral examination by a faculty committee; and developing a deep relationship with a professor who has agreed to serve as a thesis adviser.
Make a B "more palatable"? Guaranteed honors just for undertaking and finishing a senior thesis? For crying out loud, what are they doing up there? Does the Harvard faculty rock and burp their students before they put the students to sleep every night?



This site from the Social Security Administration tracks the most popular baby names since 1900. Check out the staying power of "Michael" since the middle part of the century, and the overwhelming ascendency of "Jennifer" around 1975-85.



My own theory of baby names: try to pick something relatively fresh, but not outlandish. And above all, hope that every redneck in the country doesn't catch on to your name. (Think of Cletus the Slack-Jawed Yokel on The Simpsons and his brood: Tiffany, Heather, Cody, Dylan, Dermott, Jordan, Taylor, Brittany, Wesley, Rumer, Scout, Cassidy, Zoe, Chloe, Max, Hunter, Kendal, Katlin, Noah, Sasha, Morgan, Kira, Ian, Lauren, Q-bert, Phil...)



Lily is 103rd in popularity for baby girls born in 2001. Katherine is 36th. Abigail is 8th. Our real names are somewhat less popular.

Someone else has noticed Connecticut's weird obsession with Krispy Kreme:



To my right, drivers waited patiently on the side of the road, some appearing eager and happy. When I reached the crest of a small hill, I expected to see something that would make sense of such thick weekend traffic. What I saw was a doughnut.
I had a very similar experience.

An amazing, disturbing story from the NYT about a pipe manufacturing plant in Texas:



Behind a high metal fence lies a workplace that is part Dickens and part Darwin, a dim, dirty, hellishly hot place where men are regularly disfigured by amputations and burns, where turnover is so high that convicts are recruited from local prisons, where some workers urinate in their pants because their bosses refuse to let them step away from the manufacturing line for even a few moments.
The article is long, but worth a read.

A WSJ op-ed by James Q. Wilson repeats advice from Bill Galston:



To avoid poverty, do three things: finish high school, marry before having a child, and produce the child after you are 20 years old. Only 8% of people who do all three will be poor; of those who fail to do them, 79% will be poor.

Movie Quote of the Day:

"Do you want to dance? Or do you want to dance?"

~ The Thomas Crown Affair



Song of the Day:

Rod Stewart, "Reason To Believe"



Happy Birthday:

Pat Benetar

Jim Croce

George Foreman

Sal Mineo

Rod Stewart

Movie Quote of the Day:

"Checkers, shut up! Or I'll feed you to the Chinese!"

~ Dick



Song of the Day:

Phil Ochs, "Here's to the State of Richard Nixon"



Happy Birthday:

Joan Baez

Simone de Beauvoir

Richard Nixon

John Smith

Ben Rottenborn

A TNR cover story argues that America's obsession with weight as an indicator of health is misplaced:



[S]ubject to exceptions for the most extreme cases, it's not at all clear that being overweight is an independent health risk of any kind, let alone something that kills hundreds of thousands of Americans every year.
That puts this into perspective. The article also criticizes those "body mass index" tables:



The arbitrariness of these charts becomes clear as soon as one starts applying them to actual human beings. As The Wall Street Journal pointed out last July, taking the BMI charts seriously requires concluding that Brad Pitt, George Clooney, and Michael Jordan are all "overweight," and that Sylvester Stallone and baseball star Sammy Sosa are "obese."
The article concludes:



A rational public health policy would emphasize that the keys to good health (at least those that anyone can do anything about--genetic factors remain far more important than anything else) are, in roughly descending order of importance: not to smoke, not to be an alcoholic or drug addict, not to be sedentary, and not to eat a diet packed with junk food.
In other words, exercise and nutrition are key, and a thin couch potato is still a couch potato.

Via Volokh, a nice article about InstaPundit in the Chicago Tribune (registration required).



The article makes much of Professor Reynolds' prolific posting rate. The Kitchen Cabinet apologizes for failing lately on that score. We are in the midst of finals here, and our odd schedules don't allow for much surfing and/or posting time. I'm taking a break from administrative law right now to watch a little college basketball.

This article from the Spectator reviews a memoir by Susan J. Brison. Brison was raped and nearly murdered in France over ten years ago, and her memoir deals with the aftermath of that life-changing event:



She found that many people cannot bear to hear about trauma. It is too painful in itself or it reminds them what life can become at any moment.



The first card I received from my mother, while I was still in the hospital, made no mention of the attack or of my pain and featured the "bluebird of happiness," sent to keep me ever cheerful.
Her mother's second card bore these words: "Isn't the sun nice? Isn't the wind nice? Isn't everything nice?" Three months afterwards, an aunt with whom she had been close all her life, sent a birthday card, saying she was sorry about her niece's "horrible experience" but adding that the victim would now be "able to help so many people."
Perhaps the reviewer hasn't done a good job of presenting Brison's experience, but this leaves me confused. Her mother failing to mention the attack was hurtful, but her aunt acknowledging it as a "horrible experience" is just as bad? Was it not a horrible experience? Is it intrinsically offensive to wish to remind a suffering person that there is good in the world? What is the appropriate thing to say?

Quote of the Day:

"I Love Lucy

and pumpernickel bread,

the Statue of Liberty,

standing ovations,

and falling into bed."

~ Carly Simon



Song of the Day:

Elvis Presley, "Love Me Tender"



Happy Birthday:

David Bowie

Steven Hawking

Elvis Presley

Captain Indignant is back, and waxing wonky on civic republicanism and taxing corporate dividends. Check it out.

The Two Towers: Condensed Parody Version:



GANDALF: Hey, kids. Miss me?



ARAGORN: Gandalf! You're alive!



LEGOLAS: I almost had a facial expression from the joy of it!



ARAGORN: Hmm. This must be a dream.



ARWEN: Why do you say that?



ARAGORN: Because you're not even supposed to be IN this book.



ROHIRRIM GUARD: Sire, there are some really femmy people at the gate. They have bows.



ARAGORN: Those are Elves. Let them in.



ROHIRRIM GUARD: Oh! Elves! Wow, I didn't expect that.



PEOPLE WHO READ THE BOOK: Neither did I...



GIMLI: Aragorn! Toss me!



ARAGORN: Um, is this really the time?
There's more where that came from. Thanks to Eve Tushnet for the link.

A reader from Durham, NC passes along this article claiming that "Jesus was almost certainly a cannabis user and an early proponent of the medicinal properties of the drug."

Quote of the Day:

"As an adolescent I aspired to lasting fame, I craved factual certainty, and I thirsted for a meaningful vision of human life -- so I became a scientist. This is like becoming an archbishop so you can meet girls."

~ Matt Cartmill,



Song of the Day:

Sarah McLachlan and Jewel, "Song for a Winter's Night"



Happy Birthday:

William Peter Blatty

Millard Fillmore

Kenny Loggins

Francis Poulenc

From The Late Show:



TOP TEN SIGNS YOUR NEIGHBOR IS MAKING CLONES

10. You admire his dog. Offers to make you one.

9. Toll collector spotted four of him in the carpool lane.

8. Always at Kinko's studying the equipment.

7. He's an unmarried scientist with 53 sons.

6. You're pretty sure you saw Einstein, Lincoln and Heidi Klum lounging around his pool.

5. The clumsy attempts to make his kids look different using hats.

4. When your wife has twins, he howls, "Amateur."

3. On hot summer days, neighbor kid sets up a Clonaid stand.

2. His son's birthday cake reads, "Happy Somatic Cell Genetic Mutation Day Darren!"

1. You look out your window and you see you washing his car.
Eugene Volokh has a good post on religious arguments against cloning.

Rubbing salt in the wound.



The NFL says the Giants should have had another play! Oh well, at least the J-E-T-S are in. Look for a Philly-NY Superbowl.



Posting will be light as finals descend upon us like darkness upon the night.

Movie Quote of the Day:

"Aaaa! My neck! My back! My neck and my back! I want a hundred and fifty thousand, but we can settle out of court right now for twenty bucks."

~ Friday



Song of the Day:

Lorrie Morgan, "Out of Your Shoes"



Happy Birthday:

Johannes Kepler

John DeLorean

Heinrich Schliemann

Lake Superior State University submits a list of words and phrases it would like to see banished in 2003. Here are a few:



THERE IS NO SCORE -- "There IS a score. It is 0-0."



____ IN COLOR -- "As opposed to green in size."



HAVING SAID THAT and THAT SAID -- "Annoying useless filler."



MUST-SEE TV -- "Must find remote. Must change channel."
And while we're at it, can we get cable news reporters to start using verbs again?

The Washington Post reviews a book about uniforms by Paul Fussell:



'[U]niforms, so vigorously despised in much current rhetoric about clothes, are really what most people prefer to wear.' ... Dressing approximately like others is to don armor against contempt. Better to be not noticed at all than noticed and targeted as odd.
It mentions Richard Nixon's failed attempt to make the White House police look like Swiss Guards: "Nixon, of course, had attempted to replace a uniform with a costume."

Quote of the Day:

"I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering those nuclear weapons impotent and obsolete."

~ Ronald Reagan



Song of the Day:

Def Leppard, "Pour Some Sugar on Me"



Happy Birthday:

Jim Barber

Louis Braille

Isaac Newton

Don Shula

China Watch:



The Chicago Tribune reports: "The U.S. military will participate in Taiwan's largest annual war games for the first time, a senior Taiwanese government official said Thursday." Can you hear the intake of breath in China? Well, don't get so excited. As one analyst points out, "'This doesn't mean the U.S. is now ready to cooperate in defending the island militarily. In this exercise, the Americans will be there to rescue U.S. citizens, not Taiwan.'" Regardless, it is a big step forward for Taiwan.



Every parent should read this article. I'd guess that over half my classmates have these parents, and probably three quarters will be these parents.



That's it from me for a while. I'm making the trek back to New Haven tomorrow, and I don't anticipate posting much this weekend.

Movie Quote of the Day:

"I live my life a quarter mile at a time."

~ The Fast and the Furious



Song of the Day:

Elton John, "Goodbye Yellow Brick Road"



Happy Birthday:

Cicero

Mel Gibson

J.R.R. Tolkien

J. Bowen at No Watermelons has been doing some research on the history of feminine hygiene. Really, it's fascinating stuff:



Just before World War I the Kimberly-Clark Company developed a highly absorbent form of cellulose that they called Cellucotton. It was 5 times as absorbent as cotton and more resistant to infection at half the price.... They discovered that nurses had been using the pads as what we now call 'sanitary napkins' and thought they could commercialize it. But how? — the management didn't want the company name associated with the product, and even ladies' magazines wouldn't take ads for it.... The association problem was solved by setting up a whole new subsidiary. The ad agency addressed their issues by renaming the product Kotex, as in 'cotton textile', and simply noted that it was highly absorbent without further hints. And even this was too much for Ladies' Home Journal back in 1921.
But women had trouble figuring out what they were supposed to use this stuff for, and sales were slow until Kotex finally began marketing the product as "A Safe Solution to Women's Greatest Hygiene Problem."



Bowen notes that advertising has come a long way since then, to some men's discomfort: "Before it's over I'm sure Tampax will sponsor a bowl game."

"Two Die After Being Treated by Republican Senator"



"Right-wing Senate majority leader Bill Frist, a wealthy surgeon, was spotted by witnesses at the scene of a major highway disaster in Florida on New Years Day...." Spoons has an alternate account of what happened yesterday near Miami.



And in the not-so-funny department, John Hawkins catalogues what some Democrats are actually saying about the incident.

There's a thoughtful article in The American Enterprise about avant-garde architecture. The writer's criticisms of "challenging" buildings go far beyond "they're ugly" — he also claims that people don't take very good care of structures they perceive as hostile:



Paul Rudolph's Art and Architecture Building at Yale, constructed of hammered concrete in the early '60s, when avant-garde architects were experimenting in a style called "brutalism," is absolutely dismal in parts of its interior. The stairwells feel like a movie set for Escape from New York. Utility conduits snake crudely over surfaces. The most basic function of a building—keeping foul weather out—is only half-performed. I've visited the building often since 1982, and for as long as I can remember cold air has rushed in every winter through a two-inch gap beneath one of the stairwell doors. Millions of BTUs have been wasted. Rudolph's is a truly anti-social building, and its users simply will not be bothered to maintain it. The problem isn't money, it is the building's arrogance, which registers in people's psyches and weakens their commitment to keeping the structure in good order.
The article quotes MIT professor Bill Hubbard, who thinks architecture should be more like the law, "upholding forms that have gained acceptance over time, and expanding or diverging from those forms cautiously as new conditions warrant.... Such guidelines do not rule out innovation. They only require that the innovation have sufficient justification—that it not be a whim."



There's a sidebar on the same page about "Modern Architecture's Nasty Authoritarianism." It explains how post-war urban planners caught the attention of "enlightened technocratic politicians" who had two things private developers lacked: eminent domain power and access to Other People's Money.



We all know what happened next. The planners took neighborhoods that worked, called them slums, and had them torn down to replace them with projects that quickly became violent, drug-infested hellholes.
New Haven built some of those high-rise public housing projects, and they proved just as disastrous as the ones in other cities. A "progressive" acquaintance of mine once tried to justify New Haven's miserable experience by explaining that 60s-era planners mistakenly thought that New Haven was going to become a huge city. So they weren't just meddling utopians — they were incompetent meddling utopians!

Eric Tam writes in to explain a post of Tim Schnabel's. Apparently it's a fantasy series called "The Wheel of Time" by Robert Jordan. Eric's take:



[R]eally interesting world, but truly annoying characters. Imagine if all of the Lord of the Rings protagonists were replaced by teens out of Beverly Hills 90210, as conceived by a middle-aged Vietnam vet, and Tolkien had spent three times as many pages describing the boring wandering around bits.
Yikes. That's more than enough to turn me off.



Well, to each his own. Tim probably wouldn't understand why I re-read Anne of Green Gables every year. (Maybe it's because he's 93% male.)

Kaus on "Food Stamps and the English Language" is just so good that I'm going to quote at length:



The editorial board of the New York Times declares:



In fact, food stamps are not welfare, not even charity, but a nutrition program that helps the poor buy food.
I love the bogus, whistling-past-the-graveyard authority of "In fact." ... Of course food stamps are welfare, under virtually all definitions of the term. The most common definition -- and my definition -- would define "welfare" as assistance that a) helps people get what they need to live and b) that's available to poor recipients even if they don't work. Despite some spotty "work requirements" decreed over the years, food stamps remain largely available to poor workers and shirkers alike.



It doesn't matter, then, that food stamps aren't cash -- they readily substitute for cash and can be traded for cash. It doesn't matter that, as the Times notes, many food stamp recipients actualy do some work -- many recipients of Temporary Assistance to Needy Families (the successor program to the hated Aid to Families with Dependent Children) work also. Indeed, the Times could just as easily have claimed that TANF itself is "not welfare, not even charity, but a financial assistance program that helps the poor buy food and housing." (Isn't housing and clothing as important as food?) But if TANF isn't welfare, what is? Like TANF and AFDC, the food stamp program is stigmatized, and rightly so, not because nobody on food stamps works, but because you don't have to work to get the aid ...



It's a measure of the Times' distance from the citizenry that they would think the average American might conceivably be bullied into agreeing that "food stamps are not welfare." ... (If you adopt a broader definition of "welfare" occassionally used by both liberals and conservatives -- in which any means-tested program qualifies -- food stamps are still welfare.)
And it's even more bizarre that the Times insists food stamps are "not even charity." Can't something be "a nutrition program" and charity/welfare? Or are soup kitchens just "nutrition programs?" Is something not charity if the government does it? Baffling.

China Watch:



The first of the New Year. Here's an article from the Boston Globe reminding us "China's beleaguered dissidents still don't get a serious hearing in Washington or other centers of power. Their message is too important to ignore."
When the Soviet Union was still there, apologetics for Moscow's politics were not uncommon among foreign experts -- but the Soviets never got such an easy ride as the Chinese are getting now. Dissidents from the Soviet empire were always taken seriously; some became famous. Human rights abuses weren't routinely explained away with appeals to "different cultural traditions.'' Enthusiasm for the Soviet Union, though by no means unknown, was still a bit eccentric -- but praising the People's Republic of China is entirely respectable.
Indeed.

Almost forgot the best article of the day from the NY Times on computer use in classrooms. The article revisits the issue of Internet access in classrooms that took to the mainstage when our own YLS professor Ian Ayres wrote an op-ed in the NY Times decrying the use of the web during class. Ayres is quoted in today's article:
"This is an addictive thing that hurts the students themselves," said Ian Ayres, a professor at the Yale Law School who opposes much of the Internet's entry into the classroom, saying that computer use is rude and that other students are "demoralized" by seeing their peers' attention wander.



"When you see 25 percent of the screens playing solitaire, besides its being distracting, you feel like a sucker for paying attention," Professor Ayres said.



Unless law students are fully engaged in the class, he said, they miss out on the give and take of ideas in class discussion and do not develop the critical thinking skills that emerge from "deeply tearing apart a case."



Professor Ayres tried to prohibit all Internet use in his classroom. The students "went ballistic," he said, and insisted that their multitasking ways made them more productive and even more alert in class.



Lately, he said, he has loosened the restrictions, telling students they could surf from the back rows, so others would not be distracted.
I think "ballistic" is a bit of an overstatement.

Another case of information mining on the Internet resulting in very bad things. I'm an Internet privacy fanatic myself, but I'm not sure what compelling argument is available here. The question should be whether the Internet caused the problem here, and I'm not sure it did. It seems to me that this sort of information could have been bought well before the digital age, albeit for a higher price. Perhaps that is the argument...

Slow news day.



This article made the front page of today's Chicago Tribune. Question: who cares?

Early decision.



Another piece lamenting the woes of early decision. As I've said before, I agree that early decision is a terrible thing. This article, however, is just a bit over the top in railing against early admissions. It does, though, offer this excellent argument:
Any teacher worth his or her shiny apple knows that a student can get all A's, go to the highest ranked schools and still fail life. Every child knows that it never mattered where his mother went to college. Why do parents, who were once children and always teachers, forget this wisdom when they need it most?
I suppose it is because they are also parents.

An amusing editorial from the Trib on year-end listmaking:
Editors and other list-makers hardly bother anymore to so much as round off the number of list items to, say, a cool 10, 15 or 100. Nor does each entry necessarily have to fit the stated purpose of the list. Time magazine includes in its list of 14 "People Who Mattered" in 2002 Joe Pantoliano, the actor who got his head chopped off in an episode of "The Sopranos." Huh?
I actually find the lists quite amusing--probably a result of my Gen Y upbringing that demands sound bites and instant gratification.

Two responses for the most aptly named Supreme Court case:



Nate from Good Oman offers this:
How about Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States, in which the Supreme Court upheld the institutional anhilation of the Mormon church, ending a four decade long legal struggle over polygamy.
A good guess, but not what I had in mind.



Eric from Antidotal gives this:
I always thought that the name of "Brown v. Board" was sort of approrpriate in a decidedly non-PC way.
Excellent, but not quite. Eric's answer, however, is the closest guess, yet. He's thinking along the right lines.



Keep em coming. Fame and glory goes to the person with the right answer! Other previous answers here.



Some reader mail:



John from Paladin's Pad writes in with his biggest vocabulary pet peeve:"irregardless." "Ph.D.s, national talk show hosts, and journalists alike all use this nonsense word as if it had the meaning of regardless or irrespective. It's absolutely insane that otherwise intelligent people don't recognize that, even if the word existed, it would mean the exact opposite of what they are trying to say." An excellent point, John.



Reader WM writes in questioning whether viruses respond to antibiotics. My understanding is the same as yours, WM. I've always been taught that viruses do not respond to antibiotics. So why did I write that in my post? Dunno. I typed it out and actually paused to delete it, but didn't, figuring it made my delirious rantings sound more dramatic.





After the 2000 Presidential election mis-predictions and the 2002 non-predictions, the VNS is in trouble. From the Trib:
The major television news networks and the Associated Press are seriously considering dissolving their decadelong partnership in the Voter News Service, the Election Day polling organization that was at the heart of the problems they had in reporting the results of the last two national elections.
The article says a decision could come as soon as next Monday.



I actually found the 2002 elections quite refreshing. Couldn't we just have post-election analysis without the truly unnecessary election day projections?

Several developments on the environmental front:



(1) General Motors plans to offer hybrid vehicles in the near future. Here is the best piece of news from the article: "Automakers see hybrids as a means to bridge the gap until hydrogen fuel-cell vehicles, which burn no gas and emit no pollutants, are developed."



(2) States sue the EPA over the Bush administration's changes to the Clean Air Act.



(3) Global warming makes the Chicago Tribune cover page. I was most impressed with the following:
"Some say, `Who cares if a flower is blooming earlier or the range is shifting north?'" said biologist Camille Parmesan of the University of Texas at Austin, who co-authored one of the Nature articles. "The idea that everything can shift around the globe [in response] is fine if everything is a wilderness area. The problem is, a lot of the world is a cornfield or urban area like Chicago."



...



"We've boxed all these species into these habitats that we thought we could maintain with some mild management and a little bit of restoration," she said, "And boom!--climate change comes along and suddenly the very placement of these will be wrong."
Indeed.

First up, Pick-a-Prof.



Pick-a-Prof is a system that compiles a professor's grading history and puts it into an easy-to-read bar graph format (a bar for As, a bar for Bs, etc.), thus allowing students to get a quick and dirty idea of the prof's grading "curve." These grading "analyses" are then put online and a student at a university that subscribes to Pick-a-Prof can then pick professors based on the ease or lack of ease in obtaining "good" grades. This is a terrible idea. From the Trib:
Many students relish having easy access to grading histories, but college instructors here and across the country are complaining that Pick-A-Prof is the worst blow to the integrity of higher education since Cliffs Notes.



"There is no relation between an easy A and the quality of learning," UW sociology professor Carrie Yang Costello said.



...



Professors warned that Pick-A-Prof will result in grade inflation.



"There will be an influence on professors to bring students into their classes by not grading too hard," said Jennifer Maher, an associate professor of women's studies.
I couldn't agree more. And the response students give to these arguments are not compelling.
Professors who criticize the service underestimate their students, Chilek said.



"The students know that if they go for the easy A, then they won't have the background they will need to succeed in a higher-level course," he said.



Some college students defend the site as a valuable tool for increasing accountability among professors and giving students more information as they choose expensive courses.



"You pay for a class and you want to get something out of it," said Kory Kozloski, the UW student association president.
Come on. If these are really the arguments, then why do you need to know what the grade distribution is?

Happy New Year--unless you go by the lunar calendar, then it's not the new year yet.



Been engrossed with the world of Federal Income Taxation, but never fear, I've been taking down the interesting Chicago Tribune articles every day. For those of you who are sick of the Trib, never fear, for I am returning to New Haven on Saturday.

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