Calblog

Semi-serious question

It's semi-serious because we're not going to really do this but I am interested in the responses. It's a conversation that comes up periodically.

Suppose you were in your mid-40's with a couple of kids. Not enough money to retire on but enough money to pick up and start over and live on until you get re-established. You've decided to start over. What would you do?

Infotel Update

The motion, scheduled for today in Canada, is "suspended", which is the Montreal equivalent of "off calendar." I'd say it's suspended because . . . but I've practiced law long enough not to speculate on why the opposing counsel does anything.

Suspended does mean it can come back.

Zero tolerance

Sometimes, when I read stories of children getting in trouble at school, I wonder "what were their parents thinking?" Here's an example of how hard this is.

This week is standardized testing. To keep hte kids sharp for testing, the rest of the week is low key. Today, the twins will make masks. Amanda, the artsy-crafty type is excited. Really excited.

We went and bought 96 sheets of construction paper. I assume there's a reason they sell 96 sheets instead of 100, such as 96 is divisible by the number of colors and 100 isn't. Amanda carefully counted out the sheets and gave her sister exactly half.

I asked if they really needed 48 sheets each for a mask. Well, one might want to cut shapes of different colors. In addition, the teacher asked them to bring extra for the kids who forgot.

Then Amanda found yarn for hair and packed that up. We discussed how much yarn would be enough.

A few minutes later, Amanda asked if she could bring scissors. Now scissors are a hot button in this house. We own umpteen pairs and no one can ever find any. Seriously, I am sure I have bought at least ten in the last couple of years. Sometimes I buy four and issue everyone their own pair. Still the scissors disappear. I have one pair right now which I keep watch on.

Why do you need scissors? I asked. For the mask. Of course. Don't they have scissors at school? Probably. I don't know. I just want to be sure.

Well, this did seem reasonable. The masks were being made in social studies, not art, and i could see there being one pair of scissors at each table. I could also see Amanda getting absorbed in her craft and not wanting to share. I could also see Amanda losing her temper and . . . Never mind. Too horrible to contemplate. Take the scissors.

A few minutes later, I recalled zero tolerance. Darn. Do they have that policy? Do scissors count? Is there an artwork exception? I asked Amanda. She stared at me blankly. The idea that taking scissors to make the mask would violate any policy anywhere did not compute.

Finally, I worried her enough that she declined the scissors. We located some kindergarten safety scissors and she's taking those. If those violate zero tolerance, well, we'll be on the news tonight.

BFL notices

Updates are happening this weekend. If you have reminded me this week to do something, don't remind me again (there are many and I'm not singling anyone out.) On the other hand, if you haven't reminded me this week, shoot me a clue.

I am also updating the mailing lists. There seem to be two: bear flag and bear flag social. We mostly use the first. If you do NOT receive mail from the lists and would like to, email me.

If you're a BFL member, spread the word because I doubt every BFL member reads this blog.

HIV in the Porn Industry

No links for any of this.

Drudge is reporting that another actress has tested positive. His link is broken. Probably crashed the server. When was the last time there was a link on Drudge which said "Warning: Adult site"?

While driving this am, I heard that the porn actors were forming a union because -- believe it or not -- the government was going to try and make them wear condoms. A union to fight that?

UPDATE: LA Voice has details. (Via SoCalLawBlog)

Terry Schindler

Worldnet has this update. While she's alive, it doesn't sound like the dispute has quieted down.

Infotel Update

I spoke to Mr. McConomy, Infotel's barrister today. He asked me to remove all infotel postings. Certainly not what the petition asks for. I invited him to have Infotel give me any information showing that the posts are false. If anyone reading this post has any contact with Infotel, please pass along that invitation as well.

All I know is that the identity information may be false. That could mean people are avoiding spammers or are in fear of retaliation from Infotel. How many of you want to put up with what I get? False identity doesn't indicate that the information is false.

Media bias example of the day

Here's today's bias example. CNN and Foxnews. You won't need the links. Trust me. Which one uses which of the following phrases to refer to the current issue with the UN?

Oil for food scandal
Oil for food probe

Bonus points: Which do you think is more accurate? The answer is likely to reveal your bias.

Stopme if I've told you this

Ok we have to review a little. There was the original Infotel posts and the comments. Then someone called infolie said he posted false comments. I posted the letter and the uk comments I found. Since then I have gotten more email. In one, he claimed that he was responsible for other comments and listed a bunch of addresses. Since I had no way to guess whether those were or weren't his comments, I wrote back and asked him to instead post his note in the comments so that anyone reading could see his claim and decide for themselves what to believe. No response AND no post in the comments.

On Monday, yes, yesterday, I received this:

Hello,

(Hello Ted)

Do you SEE how annoying this is?

Infotel afternoon update

The law firm that served this motion, McConomy Liverman, does not appear to have a web presence.

I found some Quebec law, including this case, which suggests that there's no jurisdiction over me just for having a Website. I still don't know what statute we're proceeding under but I have paying clients to handle also.

I've sent opposing counsel a letter. We'll see where it goes.

Infotel takes legal action

Ted Franks has filed a petition in Montreal, Quebec, seeking the identity of various commenters on the Infotel thread. I was served by registered mail. I got the slip last night and picked it up this morning. The hearing is Friday. Did I mention in Montreal, Quebec?

The full petition is attached. I don't know if there's jurisdiction over me in Canada but my litigator's basic instinct says that I lose any right to complain of jurisdiction if I respond in substance. Plus, they want names addresses and phone numbers, none of which I have. So my immediate reaction is to not respond.

I'll see if I can access a basic primer on Quebec law in English and gather more info.

Hostages billed for rescue

This seems a little cold:

Three Japanese who were held hostage for a week in Iraq were billed about $7,000 each to cover their plane tickets home and other miscellaneous expenses, an official said Monday.

The three returned last week amid a storm of criticism that they behaved recklessly in going to a country that Japan had repeatedly warned civilians to avoid.

The government said aid workers Noriaki Imai, 18, and Nahoko Takato, 34, and freelance photojournalist Soichiro Koriyama, 32, were being billed in the same manner as other Japanese civilians who have been transported home after getting into trouble overseas.

Japan's reasoning seems logical and fair and consistent and yet so very, very wrong.

Avon Walk for Breast Cancer

I have agreed to walk in the Avon Walk for Breast Cancer in LA on September 11 and 12. It's 26 miles over 2 days. Those of you who have met me know that I am not in the best of shape so this walk is a huge commitment. It is important to me.

A couple of years ago, one of the most dynamic women I know got a breast cancer diagnosis, emailed her friends and clients and walked out of her office to battle it. She is now a survivor and I will be walking with her.

If you want to support me, there's a button on the right. My Walk page is here and I will be updating it. It will also become a button when I have personalized it some. If you head over right now, you'll see the list of contributors. One form of blog advertising!

And the Steelers get . . .

Altanta - DeAngelo Hall

Jacksonville - Reggie Williams

Houston -- Dunta Robinson

And the Steelers get (drumroll please!) --

Ben Roethlisberger

Calblog husband is thrilled. Maddy is, well, suffice it to say, not thrilled.

Biding Our Time

Sean Taylor and Kellen Winslow went 5th and 6th, in that order. Calblog husband had them going 6th and 5th. The Cleveland Browns traded for that 6th pick, getting it from Detroit.

Then the Lions got Roy Williams, a steal at pick 7.

The only Real question here is, with Rivers gone, who will the Steelers get at 11. We're hoping, hoping, that Roethlisberger will drop that far.

UPDATE: Actually Maddy is not hoping for Roethlisberger, a QB. She's a Tommy Maddox fan and wants no other QBs going after his job.

UPDATE: Maddy is so worried about who the steelers will pick that she is wrapped in a blanket and chewing on a corner like a toddler.

Eli Manning a Giant

After the Giants picked Rivers, Rivers said he had not gotten a call. Very unusual. We all knew what was coming next. The Manning family wanted Eli to go to the Giants.

There is a Rivers-Manning trade. To get Manning, the Giants also gave up a 3rd round pick today and a first and 5th pick next year. That seems like a lot.

Blogging the NFL Draft

Arizona took Larry Fitzgerald as predicted. I also learned that Pat Tillman's number, 40, is retired both by the Arizona Cardinals and Arizona State.

UPDATE: NY Giants took Philip Rivers. Philip Rivers, watching from home, with a camera trained on his couch, looks shocked. He was ranked 11 here at Calblog by the Calblog husband. He was also ranked 11 by Mel Kiper, ESPN draft expert. No word yet on whether there's a trade with SD.

Blogging the NFL Draft: Raiders

The Oakland Raiders tokk Robert Gallery, who we predicted to go a couple picks later. This guy is 6' 7 1/2" and 323 lbs.

This pick makes it more like that the Giants (who would have liked Gallery) will take a QB and trade with San Diego for Eli Manning.

Gallery put the hat on. We're back to business as usual.

Blogging the NFL Draft

It's here. It's bigger than Christmas in the Calblog house. The NFL Draft. Calblog husband started waking up at 2 am. I had trouble sleeping after 4 am. Even Maddy, who usually sleeps until noon, was up at 6 am.

There was a moment of panic in the the 7 o'clock hour when ESPN went to the draft locale and Suzy Kolber was there instead of Chris Berman. At 9 am though, Chris Berman was leading the commentary.

Our first story of excitement is whether San Diego drafts Eli Manning, son of Archie Manning and brother of Peyton Manning. Eli won't go to San Diego and would rather sit out a year.

UPDATE: We started with a tribute to Pat Tillman.

San Diego is now on the clock.

UPDATE: San Diego, taking almost all of their time, picked Manning. Eli is posing for pictures but is not putting on the hat. Unprecedented. The crowd booed.

UPDATE:

Here's the Calblog predictions:

1st - San Diego Eli Manning, Mississippi QB 1
2nd - Oakland Roy Williams, Texas WR 2
3rd - Arizona Larry Fitzgerald, Pitt. WR 3
4th - N.Y. Giants Robert Gallery, Iowa OT 4
5th - Washington Kellen Winslow, Miami TE 5
6th - Detroit Sean Taylor, Miami S 6
7th - Cleveland DeAngelo Hall, Va. Tech CB 7
8th - Atlanta Tommie Harris, Oklahoma DT 8
9th - Jacksonville Will Smith, Ohio St. DE 9
10th - Houston Steven Jackson, Ore. St RB 10
11th - Pittsburgh Philip Rivers, NC State QB 11
12th - N.Y. Jets Michael Jenkins, Ohio St WR 12
13th - Buffalo Ben Roethlisberger, Mia.-Oh. QB 13
14th - Chicago Kenechi Udeze, USC DE 14
15th - Tampa Bay Dunta Robinson, S. Car. CB 15

Careful, careful

From Worldnet Daily:

Everyday life in the wake of the Sept. 11 terrorist attacks on the U.S. has changed in many aspects of American society, but some think worries about security are going a bit too far with the rejection of a Girl Scout event at a Florida mall.

Too far? They've never met my Girl Scouts. Add in the dads and egads!

UPDATE: I mentioned this to Amanda, one of the resident 12-year-old Scouts. "A father-daughter scavenger hunt?" she said. "That would be bad. Really bad."

Folding into the Future

I can't see the anti-spam picture on Michael Williams' blog anymore so I am forced (ow!) to put my thoughts in a trackback. He's got the picture of the Twin Towers burning on the back of the $20 bill. Worth a look if you haven't seen it and the picture is helpful for the folding-challenged.

The problem with it is the same as with the Bible Code -- what good is this after the fact?

So start folding that twenty and find me the next disaster.

The Senate And "Over-Representation"

Will and some others over at Crescat find themselves in a discussion of Senate "Over-Representation" of the voters or the the states which are smaller in the Senate. In a sense, individuals are over or under-represented as a result of the Senate, but it's important to remember that pre-17th amendment the Senate really did represent States not the voters of the states (well at least not directly). In any event, Over-Representation does seem to include a judgmental claim if only because I think over-representation seems to connotate more represenation than is fair, this may not always be the case, but I think that's what most would think (it is unfair that X's vote is worth more than mine), but as a Californian it's important to remember that everything is fluid. Sure California is (as defined by Will and Andrew) under-represented in the Senate, but time ago, California was well over-represented. The Senate can represent a kind of insurance policy that no states influence become too weak. After all, some of the largest states of Yester-year are no longer the large powerhouses they use to be. In any event there's no reason that a strict equal per capita suffrage metric should always be used, it isn't in many bodies (Olympics, UN, Shareholders, etc.). In some cases it is the best in others, it isn't. But as per Will's metric, he is correct, smaller states are over-represented. Of course one could stir trouble and make the claim that "Small states are under-represented in the house." Which, would be correct. Using the metric of equal suffrage by State.

Traitors and Patriots

Bainbridge alludes to a point I've long made. What's the difference between a civil war and a revolutionary war? In a civil war, the pre-existing entity wins, in a revolutionary war the new entity wins. It's that simple.

Regarding his point on the Hunley, we should at least try to remember Lincoln's words that

The Almighty has His own purposes. "Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh." If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said "the judgments of the Lord are true and righteous altogether."

"With Malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations."

I don't know what this means on the can a confederate be an American hero or not, but I always think it's important to remember when we look at the Civil War.

Tales of Red America

I recently moved from Blue America to Red America or more accurately...Red California to Green California. My impression is that it does not disappoint. Although some in the blogosphere celebrate the opportunity to coarsen public discourse, I for one am encouraged by the actions of the FCC. (What, you don't support freedom of speech? Not that speech, sorry. As I've alluded to before, that Freedom, is no "Freedom," but merely an ability to force on others the coarsening of public discourse. My impression was that the 1st amendment was intended to protect political speech. Fortunately, the Supreme Court has protected us from the founders and has found that political speech can be suppressed, but filth...why that's protected.) In any event, in a city which shall remain unnamed, I am on a city softball league where use of the F-Bomb results in being removed for the game. This kind of hard line stance I find encouraging. The idea that filth and trash should be allowed to pervade our lives is foolish. We should not encourage the coarsening of our society. We have nothing to gain, and plently to lose, parents and other concerned citizens, as voters, have every right, to, if in the majority, to demand more than the Lowest Common Denominator. What we forget, is that in forcing the lowest common denominator on the those who would prefer greater restriction those who coarsen society attack those individual's freedoms as well, this is where the political process is necessary. The First Amendment was never meant to be a protection to the LCD. Where there are competing freedoms, the political process must reign.

Workers' Compensation Reform

Workers' Compensation is one of the most complex issues that is discussed in Sacramento. However, here at Calblog, we try to break it down. When it comes to workers' comp there are five major industry players Business/Employers (Chamber of Commerce), Employees (Unions), Physicians(AMA and other doctor orgs like Chiropractors), Attorneys (Applicants Attorneys), and Insurers.

Generally workers' comp "reform" consists of one group losing out after a number of other groups have decided to "gang up" on that particular one. Although this is the general way comp reform has occured in the past, the current reform is much more designed to see that most groups fare better. Although applicants attorneys probably got "hurt" the most, in the sense that the legislation added more clarity to the law and reduced certain penalty awards which were a boon to applicants attorneys. As a result of much of the vaguries in the system, much was litigated, and applicant attorneys only got paid if there was a PD determination. Often, this would drive attorneys to drive workers to get a PD determination where there may not be one. Also, this contributed to a dueling doctors problem.

In the compromise package SB 899, employers and employees both win something out of the package and attempted to make the system more reliant on genuine injury. The main aim of the package is to limit benefits to more dubious claims, while seeing to it that substantially injured workers receive better benefits. As I am writing this, I could easily write on for pages. If you want to know the low down, see the capitol update from Senator Poochigian (R - Fresno). Although the package has not been "scored," the hope is that it will reduce costs in the WC system in a range of $4 Billion-$7.5 Billion.

Update: A PD Determination is a permanent disability determination. Permanent Disability results in a annuity-type payout determined by the severity of the disability. The more severe the disability the greater the payment as well as the greater of the annuities payment length.

The estimated total cost of the system is currently $17.9 Billion in 2004, the original '04 cost was orginally estimated at $22.2 Billion. In any event, if the estimates are accurate, the range of cost savings could be from 18% to 45%.

The Privacy of Porn Stars

I've been married almost 15 years now and somewhat distant from the risks and handling of HIV. So I've learned some interesting things that have changed in the last 15 years. You only need 60 days, not 6 months, to be confident of a negative test result. Gay porn has been using condoms even though straight porn has not. On the lighter side, judging by the lack of questions, I learned my daughters don't read the blog anymore. We can let our hair down.

Now LA Voice (a new to me blog) has asked a very important question that didn't even occur to me given my distance from the problem. Have we violated the privacy rights of these actors by publishing the quarantine list? My immediate reaction is no for two reasons: the list is based on activity that is on video for sale, not any private activity (the Health Code seems to refer to a private doctor's visit resulting in private medical information), and most if not all are listed by their professional names, not their real names. I'm willing to be dissuaded.

Homophobia at Pepperdine?

Boi from troy has an excellent piece on an incident at Pepperdine University in which a gay student has been unable to start any club which deals directly or indirectly with homosexuality. Currently, the situation has become even more hostile:

Grant Turck then wrote a letter to request a meeting with University President Andrew K. Benton. In response, he received a letter saying that the matter was not up for discussion, that Turck specifically chose to come to Pepperdine and the campus environment was not his to change, and in a P.S. threatened "harm" should Turck share the letter with anyone.

I am writing about this now because Grant Turck did share the letter, despite the threat from Benton...first with his father, who pays Pepperdine $37,000 in tuition, room and board...yesterday, he read the letter at the Log Cabin Convention.

Now I can't tell from the description if this is really anti-gay or just a university president flexing his muscle because a student has made him look bad. It doesn't matter. Both are wrong. Even if I were to disagree with Turck (I don't), it's an instance of defending his right to say it.

Chemical Weapons in the Middle East?

Even if you doubt claims that Iraq had WMD's and that they ended up in Syria, this is huge news any way you slice it, if the reporting is accurate.

If this is true, then every U.S. media outlet should be putting this on the front page in big headlines.

If it isn't true, then every U.S. media outlet should be tracking down how a story like this could have possibly ended up in outlets like the AFP and the San Francisco Chronicle....

Arnold tries to keep filiming in CA

Arnold, of all people, should be able to accomplish this feat. If we can't keep the movie industry, we're in even more trouble than we thought.

Gov. Arnold Schwarzenegger (news - web sites) on Thursday tapped a cast of Hollywood figures, including his former co-star Danny DeVito and Clint Eastwood, to mount an effort to keep movie and television productions in California.
. . .
But the governor said he enlisted their high-powered help because the state's $33.9 billion-a year entertainment industry was ailing and has been losing too many productions to other states and countries.

"The mission of this commission will be to make it easier to get permits (to film movies) here in California and keep productions here ... and to make the cost come down, and make it free of charge to shoot on some of the state properties," Schwarzenegger said.

The governor said he wanted to double the 250,000 entertainment industry jobs, partly by providing incentives to keep productions in the state. He said he was in favor of tax incentives, but when asked whether the financially troubled state could afford them this year, he said, "I will be going to producers, and those who stay in this state, we will reward them." He did not specify when or how.

Bear Flag Socializing

The next lunch is on Sunday, April 25, at Pico Kosher Deli at 12:30 pm. PKD is on Pico a few shops from Robertson. Please RSVP to me by email ASAP so I can make sure they can handle us!

You're hired

I didn't watch the Apprentice. That's a little surprising because I love Mark Burnett's work. I used to count dowm the days to the annual Eco-Challenge, before there ever was a Survivor. Trump has long annoyed me.

At first, I didn't even pay attention to the show but in the past 2 weeks, it's been impossible not to notice. Now there's a winner. The pretty white boy. Someone tell me he really was the best.

Responsibility for 9/11

We watched Bob Kerrey on Hannity & Colmes last night. Colmes asked him "who's responsiblefor 19 men getting on planes and hijacking them?" I screamed at the TV -- the 19 men! Apparently that form of thinking has left the building.

Kerrey gave one of those weaselly answers. He doesn't think Bush is TOTALLY responsible. Was he always this partisan?

Oliver Stoned

I always knew that film director Oliver Stone was an apologist for Stalinist thugs and American-hating regimes, but even this interview had me in stunned disbelief....

(Hat-tip: Andew Sullivan)

The Adult Film AIDS Scare (Parental Discretion Advised)

After my last entry on the Porno Seminar at the Learning Annex, I don't wish to give the impression that I am only blogging about X-rated material these days, but I think its time to weigh in on the reported cases of AIDS that have recently cropped up in the adult film industry.

I will try to keep the descriptions clinical on this blog, but be forewarned that it will still have to deal with explicit subject matter.

Two cases have now been identified - the first from male performer Darren James and the second from female performer Lara Roxx (both stage names).

James apparently did a scene involving anal sex with Roxx recently.

In point of fact, the scene involved an instance of two male performers simultaneously performing anal sex with Roxx.

The first side issue of note is that not even "news" organizations that cover the adult industry (avn.com) can confirm at this time if Roxx is either 18 or 19 years old(....sad).

Particularly sad is this quote from the AVN website (I choose not to provide a link in this instance, but you can search for it yourself if you doubt my veracity):

"Roxx had only been in the adult industry for three months. Her scene with James and Anthony was her first double anal.

Her agent Daniel Perreault, the agent who handles the women for the Eromodel Group, told Roxx not to come to Los Angeles on this trip, saying he didn't believe she was ready yet. She came anyway."

Very sad indeed....

But now let's deal with some realities that neither the adult film industry nor the mainstream press are facing about this.

The AIDS crisis, or scare (or whatever you wish to label it) that is now facing the adult film industry is being fueled by two instances of conduct within their profession that have nothing to do with traditional heterosexual sex practices or lack of condom use -

1. Intravenous drug use (when needles are shared).

2. Anal sex.

Although, sperm can carry HIV, it is not sex per se that transmits HIV. Rather, it is the introduction of HIV into an individual's bloodstream that causes transmission.

Again, not to get too graphic here, but the lining of the anal cavity is far thinner than the vaginal lining which allows infected sperm to enter the bloodstream. It is actually very difficult for sperm to penetrate vaginal linings unless there is some damage to it that would cause bleeding or other sexually transmitted disease already present that facilitates a weakening of the lining.

That is why HIV is so prevalent among gay men in America. At the same time, it is rare for a heterosexual man to infect a woman through vaginal sex. And it is extremely (and I mean extremely) rare for a woman to pass along the virus to man through heterosexual sex.

The single best book on AIDS in The Myth of Heterosexual AIDS by Michael Fumento. It is simply a must read for anyone who wants to understand why AIDS has never massively broken out in heterosexual circles within modern industrialized countries.

In it, Fumento uses scientific data to explain why it is extremely rare for a woman to pass HIV on to a man simply through standard heterosexual contact.

The LA Daily News link above simply states that James contracted HIV "while making a movie in Brazil during early March".

I'd be curious to know if James has a history of either intravenous drug use or bi-sexual behavior. There are high incidences of both among male performers in the adult industry.

If James has engaged in neither of those activities, then I will guarantee you that the woman he got it from was either herself an intravenous drug user or had just engaged in sex with multiple male partners the same day as James - one of whom was HIV+, and that James then contracted the virus from the fluids of this other male partner (I don't want to get any more graphic than that, but you hopefully get the picture...).

It is a tragedy, but the fact of the matter is that Roxx likely contracted HIV from James due to the simultaneous anal partners - not any traditional heterosexual behavior.

And as long as Roxx isn't an intravenous drug user, she is unlikely to pass her infection along to anyone else - even if no condoms are used.

The only others likely at risk right now are other female performers who engaged specifically in anal sex with James.

I am certain that my theory will be borne out in this story as the weeks go by and more tests are conducted on performers.

So, my advice to the adult film industry is this - stop catering to the fringe groups that demand anal sex and group gang-bangs in their videos. These scenes have somehow become "mainstream" in the porn industry which now caters to the perverse rather than the erotic. (Or at least so I have been told...I really wouldn't know myself....[insert lame comment and joke here]....) That is the single biggest step you could take to make your industry safer and potentially save some lives.

On a final interesting (or maybe boring) side note, you should know that most of the HIV tests given to adult film performers are conducted by a clinic known as The Adult Industry Medical Healthcare Foundation (AIM) which is run by an ex-porn star by the name of Sharon Mitchell.

My very first case as a lawyer after passing the bar involved having to sue AIM for a wrongful termination case. I admit that back then I was rather nervous about handling my first case on my own.

It settled the night before our first court hearing.

As part of the settlement (and in deference to my client), I can't discuss the details of what went on or how it was ultimately settled.

But I tell you all this to explain how I have managed to become so knowledgeable in this field.

It ain't because I watch a lot of porn. Honestly.

After all, if I watched that much porn...when would I find the time to blog?

"How to Shoot Your Own Live Adult Video" Seminar Cancelled

Bill Clinton must be upset right about now.

Will he get his $149.99 refund from the Learning Annex?

The most curious part about this is the column on the right which states -

"Other people who are taking this class are also taking...
Meet Barbara Bush with Barbara Bush coming 04/23/2004"

Hmmm...must be Libertarians that are signing up for this puppy.

Then there is the column on the left with the picture of the attractive female Executive VP of the Learning Annex Sam Del Canto who states, "Learning Annex Fun Fact: WOMEN FIRST - THE MEN ALWAYS FOLLOW
Both sexes take a relatively equal amount of Learning Annex classes, yet the first few students to register for any class are nearly always female."

Hmmmmm....now where's my Learning Annex catalog again?....

(Hat-tip confession: I did get this from another source who in turn found it on another blog dedicated to sexual matters, but he requests anonymity out of partial embarrassment, and it would not be prudent of me to link to the blog in the House of Justene...my apologies to the blog in question.)

Buy Lynne Cheney's Book...after a mark-up of over 24,000%

After Lynne Cheney convinced her publisher to not reprint one of her earlier novels out of fear of political embarrassment, one copy has been found on the auction block at Ebay.

As of this post, it is going for a mere $61 after 18 bids with still over 5 days left in the auction.

The original price of the paperback was $2.50, yet the winner of the Ebay auction will still not likely be able to make copies of this work for others to enjoy since the original copyright owner wishes to make it disappear.

Yes Sireee! Our great copyright system at work...providing incentives to create works and make sure they get wide distribution in order to promote the arts just like the Constitution suggests....

Rates, Housing, Markets

A while back I wrote on rates and markets. I don't know if what I wrote will come to fruition. But tomorrow is a very big day. Here's the key, If CPI and PPI stay low, the connection between interest rates and inflation will be less talked about. (Something I've long been skeptical off as Japan showed with deflation with a 0% rate and under Carter we had sky high rates and sky high inflation, then lower interest rates under Reagan led to a reduction in the rate of inflation). If this happens rate pressure will unwind somewhat and perhaps the Board of Governors will rethink what the natural rate should be. If that happens rates may actually stay low indeterminately. Ultimately, the link between strong economic growth and low inflation will be established. This is somewhat counter-intuitive (at least based on what economic thought has long been), but deeper it may make sense, when economic growth is substantial there is a greater desire to invest in that market. The opposite happened in Japan, because the economy looked weak people pulled more and more money out. Finally, strong economic conditions keep prices low because competitive pressures keep prices down. I know Wal-Mart is the bane of many on the left in the US, but their pressure on prices is much of the reason inflation has stayed low. Companies can't raise their prices when someone else will undercut their prices. Commodity prices have risen substantially, but this is partially related to a high level of speculation in commodity markets by hedge funds. They may be in for a whip-saw if the dollar strengthens, Gold lost 3.5% today, and Silver lost more value in one day than it has in almost 10 years. Tomorrow holds an important number keep an eye out!

Is Housing About to Burst?

A number of voices [Also See Calpundit's point.] are warning of the possible bubble in housing prices. Honestly, I don't know what to think, but I do know the situation is complex. Larry Kudlow of Kudlow and Cramer points to a graph that shows a huge divergence between 10-year T-Bond Yields and Commodity Prices. He notes this hasn't occured in 20 years. And it is quite persuasive that something has to give, but what? Today with the big retail numbers, the dollar jumped, and as I've mentioned before one of the biggest investing problems is where other than the US would you put your long-term investments? Kudlow's right something is out of whack, but what? I also know that the cost of obtaining building permits in some places in California nears $100K, this is much of the reason of the McMansions that liberals complain of. If it costs a bundle to lay 1 brick, might as well lay a million to increase the revenue. Also, when housing slumps people tend to sell less instead of selling at a loss. One big difference in the economy today though is the large-scale involvement of hedge funds in commodity dealings. This may explain the divergence to some degree in combonation with unusually low yields. But will housing burst? I don't know, but the consensus tends to be for a soft landing, but even then, there's disagreement.

Blog Thoughts and Independence

Not only does Professor Bainbridge mention the Buffett issue, but then later he goes on to write about independence. I'm thrilled! He writes on independence, and notes that independence, (my interpretation), is neither an inherently good or bad thing, but some places it fits other places it doesn't. I keep saying I agree, and I do. As an aside, UCLA now has a couple excellent Professor bloggers. (Volokh and Bainbridge), (and a student in the Bear Flag)...What's up with Hastings...huh...Get with the program! I'm disappointed in my school. Although, one of my fellow students has an excellent blog at Phoblographer. Even if I tend to disagree with her, it's a great read. And another especially appealing blogger went to my school and later transferred to my great disappointment (before I got to meet this person, but I won't name this person here.)

Too Many People Gardening?

There was a selloff in the market today, evidently, Retail Sales were too strong. Horrors I know! This meant there was an increased risk of an interest rate rise. Oh well, so it goes. Either way, it's suggested that the retail sales numbers are .8% higher because of a huge increase in fertilizer sales, which includes home gardening. So there you go, because too many people have been working in their garden lately people got spooked in the market. I'll note that I'm not saying rates shouldn't go higher or anything. Just that it's interesting that fertilizer numbers were up so strong which sparked overheating fears. I will note that traditionally rising rates correllate with a rising market.

Working through a History Mystery

I'm wroking on the mystery of Francois, who's last name may be Kerolleur. In the extended entry are more documents I can't read.

I'm finding some interesting information on the Holocaust in general, such as this bit from the United States Holocaust Memorial Museum:

The single most important thing to keep in mind when attempting to document victims of the Holocaust is that no single master list of those who perished exists anywhere in the world. This circumstance has frustrated many of those trying to uncover the fate of family members, but the horrible fact remains that millions died with little record of the event.

Despite the German reputation for meticulous recordkeeping, many incidents occurred during the Holocaust without any information being recorded.

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Bush Wins

So we watched the History Channel's Bible Code special. We're suckers for those shows, even though we go in highly skeptical and come out even more skeptical. The main problem is that they are deadly accurate in hindsight. Look, there's clear evidence that the Twin Towers would be attacked. Let's ask Condi about that, why don't we?

There's even code telling us that Saddam would be captured last year. Any code about Usama's capture date? Didn't think so.

There were some predictions. The world is ending in 2012. No need to worry about the Social Security system.

Then there was the most precise prediction. The WMDs were moved through Syria and hidden in the Bekah valley in Lebanon. We'll have an extensive military operation to recover them in 2005. Now we know Bush will win. You know Kerry isn't going into Lebanon in his first year.

The Pledge of Allegiance Case - Oral Arguments at the Supreme Court

Been so busy recently that I didn't even catch the fact that a transcript of the oral arguments of the Supreme Court "Pledge of Allegiance" case has now been posted.

(Hat-tip: Supreme Court Blog)

Haven't had time to read through the whole thing yet. I'll post further comments if something strikes me in particular after I get through it.

The Libertarian Arguments Against Intellectual Property

Much debate in Bear Flag circles recently about Intellectual Property - specifically the appropriateness of attempting to equate intellectual property with other traditional forms of property.

I don't have the time to blog extensively on why I feel it is improper to equate intellectual property with real property. So I have decided to let others do it for me...

A few more sentences from me in the "comments" sections probably wouldn't be nearly as productive as having you all read two treatises putting forth the full libertarian argument against intellectual property.

Read if you dare...

The Libertarian Case Against Intellectual Property Rights by Roderick T. Long

Against Intellectual Property by N. Stephan Kinsella (Adobe Acrobat required)

Lawrence Lessig's Free Culture is also well worth a read, although it admittedly doesn't really deal with the broader philosophical debate concerning forms of property and is not written from a libertarian perspective. (And even I must admit to being perplexed by the copyright notice on page 7 of the book after being encouraged by the author to download it from the Internet...)

I am not a libertarian in the full sense of the term. Though like many in Bear Flag blog circles, I have libertarian streaks in me.

These articles put forth the case as to why the current state of intellectual property laws actually work against notions of human freedom and autonomy (unlike laws protecting real property which help to promote freedom).

I do not endorse every single sentence in these articles. (I especially find Kinsella's comments on Trade Secrets to be problematic, and actually feel they undercut his arguments against enforcing copyrights as a form of contract. but I don't have time to go into that fully right now.) Furthermore, I am not in favor of completely doing away with all aspects of intellectual property as these essays might in some ways suggest (as I indicated, I am not a strict libertarian). But I think these writings will provide the full philosophical template as to why a few of us bloggers have squared off against each other over an issue that is admittedly causing schisms throughout conservative and libertarian circles.

Much ado About Nothing

So the Presidential Daily Briefing is out. Absolutely nothing in it that would have allowed anyone to know or do anything about 9/11. Is it any wonder that Condi rolled her eyes at the question "and what was the TITLE of that PDB?"

The priest shortage

There has been a decline in vocations -- the number of men becoming priests -- in the Catholic Church for quite some time now. The effects can be seen throughout the area. Churches that used to have several priests only have one and there are indeed parishes without a priest.

The decline has long been seen as a crisis and then more recently, I have heard many in the church speak of the surprising benefits. The decreased number of priests has forced a greater involvement of the laity in church life. Priests become a member of the Church with a specialized role.

While I generally adopted that view, I think there are some distinct disadvantages. My uncle is a priest and when we visited in New York, we had Palm Sunday Mass in the rectory chapel with my uncle, the twins and me, and my brother's family. I thought about how accustomed I am to have a priest in the family. The priesthood is demystified for me. There's someone close to advise on questions of ritual and theology.

With fewer priests, some people rarely have a conversation with a priest. Priests become even more specialized, with important powers. I think that we will suffer in the long run for that.

Detective time

I spent the week in New York visiting my family. I came home with a mystery. If only I spoke French.

Meathead Loses Out

If you haven't noticed, I have too much to say today, So it goes when you take a day off to run some personal errands and end up sitting at your computer after you run your errands...But back to Politics...

Word comes from California Insider that the Split-Roll Initiative has been dropped. No doubt, this is because of the press conferance highlighted yesterday by Weintraub. I'm sure they quickly realized that the drafting "error" (maybe it wasn't an error?) would kill the initiative quickly. Certainly didn't make much sense pouring money down that hole after the error was pointed out.

The error basically made it so there was a question as to whether a homeowner's primary residence's land (not building just land) could be taxed under the initiative.

Why I Could Never be a Libertarian.

Prof. Volokh writes on the federal government's new drive to target pornography. Earlier, Prof. Volokh gave a description of why such enforcement was consigned to failure. I agree with the Professor that it would be very difficult to stem the flow of pornography into our homes and lives. However, where I part ways with the professor is the idea that this makes it a battle not worth fighting. Pornography, much like drugs, destroys lives and destroys, more importantly, souls. I find it distressing how so much of libertarian thought would throw our fellow citizens to the wolves ("well, they just have to learn it for themselves"), and not recognize that a community defines its values and what it cherishes, to discard these things destroys communities. But now, "tolerance", and "freedom" (I put in quotes because PC tolerance and freedom is really nothing more than a perverse intolerance and slavery) forces communities to stand idly by as those who addict us to unhealthy things tempt away our neighbors. Peh, I am no libertarian.

Lastly, a long time ago [probably well over a year ago(Yikes-I've been reading blogs a long time)] Prof. Volokh wrote about red light cameras. I strongly oppose Red Light Cameras, and my impression was that Prof. Volokh was relatively ambivalent or mildly supportive. My main reason for opposition has always been a strange one namely that, limited resources on the part of the executive insures that only laws that the general public want to see enforced get the greatest enforcement. To the extent that a crime is more minor (say for example watching porn is likely to be considered less serious than running a red light) the executive will allocate resources to more important enforcement. This is a corrolarry of why I often feel like when Police note they are stretched, I tend to think the "system" is working. There are far too many laws than could ever be enforced, and the only check we have against all those laws is the fact that enforcement would overburden police departments. To the extent that enforcement of red lights become more automated the more resources departments will devote to other things, like pornography. However, the less enforcement can be automated, the less "silly" laws get enforced. Regardless, a (small d) democrat should recognize that silly laws the community wishes to have should be so allowed.

Disclaimer: Yes, I know I just got done saying how it was important to enforce laws against pornography to only say they are less important than red light laws. Which I generally think they are. Personal harm is bad, but it is less bad than the potentional of personal harm and harm of another.

Overrated Independence

ISS recently warned investors to withhold votes from Warren Buffett as a director for Coca-Cola, citing independence issues. Although I understand the desire for independence, Independence is truly overrated. I say this because the less talked about need is the need for rightness, or ethics. However, because we can't talk of ethics anymore, because really frankly...Who are we to judge? We must instead exalt independence above all else. Edward C. Johnson III of Fidelity Investments lays this out well in a piece he wrote for the WSJ. Unfortunately, as right and wrong have been forgotten we exalt virtues like independence (although I do grant appearances can be important) above truly important virtues. After all, interested managers are likely to be the best, but they must first be ethical or else they will take advantages of others.

Update: I was hoping Professor Bainbridge would write about this, and lo and behold, he has. Although, I don't know his opinion on the "independence" issue, it's nice to see he thinks the idea that votes for Buffett should be withheld is insane. Importantly, the professor points out Buffett's integrity. My point mainly was and is, integrity is far more important than independence.

Copyright Proves To Be The Worst Form of Censorship (Lynne Cheney writes on "brothels, attempted rapes and a lesbian love affair." Yeah, baby!)

Regretfully, censorship has reared its ugly head on the Republican side and I feel compelled to speak up against it.

Lynne Cheney, wife of Vice President Dick Cheney, has pressured a publisher not to issue a reprint of a novel she wrote in 1981 entitled Sisters, a "historical romance" that includes "brothels, attempted rapes and a lesbian love affair."

It is clear in reading the AP account of this story that both the decision to reissue the novel and the pressure to cancel it stemmed from political considerations in an election year.

Please don't misunderstand me. I certainly prefer the Bush-Cheney ticket to any other viable alternatives.

Do I then wish to see the Cheney's embarrassed? No.

Especially over a so-called controversy that in may ways would create a "manufactured" outrage.

But at the same time, do I want to read a novel by Lynne Cheney featuring hot lezbo action?

Hell, yes!!!

Check out this one steamy passage that managed to find its way into the news wires -

"Let us go away together, away from the anger and imperatives of men. There will be only the two of us, and we shall linger through long afternoons of sweet retirement. In the evenings I shall read to you while you work your cross-stitch in the firelight. And then we shall go to bed, our bed, my dearest girl."

Ummm...ok. Maybe it's not that hot and steamy after all (unless cross-stitching does it for you).

But all kidding aside folks, this is a perfect example of how copyright laws operate as pernicious forms of censorship in this country.

Now I know that people correctly point out that "censorship" entails government action. But that is exactly what this is. Copyright enforcement is not a "natural" right. It is a wholly created government statutory scheme that prevents the dissemination of information - even though this government action is triggered at the behest of a private individual.

If you have a person blocking the distribution of a work among third parties specifically for political reasons, and the force of the federal government backs up that effort, then in my view it clearly qualifies as "censorship" under the classic definition. This is especially true when the individual in question has strong ties to the government.

Anyone who believes campaign finance reform is a genuine form of censorship would certainly then have to concede that the use of copyright laws in this instance would also qualify under that heading.

Once again government created copyright laws are being used specifically to withdraw an existing work from the public in the hopes that it will not affect political discourse in this country. If that isn't censorship, then I don't know what is....

In 2001, Cheney told a New York Times reporter that she couldn't even remember the plot of the novel.

Yeah....right.

And please spare me the recounting of the news wires that reported that no pressure was put on the publisher over this.

The publisher claims no legal action was threatened. But after initially deciding to republish the novel, they suddenly backtrack after a call from Cheney's attorney, and now declare that there was no desire "to put out a book that the author was not happy with."

Even if you ch