Monday, February 20, 2012

I've Been Bad.

Yes, I've not posted for awhile. I'm sorry.

Alas, we've had the Norovirus ripping through our household for a week, plus the OYS' basketball games and me teaching the OES how to drive. A very busy and stressful time.

I'll be back when things settle down a bit.

Cheers.

R. Sherman

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Sunday, February 05, 2012

IF . . .

If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:


If you can dream - and not make dreams your master;
If you can think - and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools:


If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: 'Hold on!'


If you can talk with crowds and keep your virtue,
' Or walk with Kings - nor lose the common touch,
if neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And - which is more - you'll be a Man, my son!
Rudyard Kipling -- 1895

I arise from blog slumber, for better or worse.

For those of you who may have missed it or just woke up from a hibernation, there was a little sporting event this past weekend. Yes, yes, there was some sort of confab in Indianapolis, but I speak of something more apocalyptic. Of course, I speak of the annual dust-up on the basketball court in Columbia, Missouri between the Righteous Mizzou Tigers and the (Evil) University of Kansas Jayhawks. The highlights, via ESPN:



That's right kids, down by eight points with about two minutes remaining, Mizzou came back to win it by three. That's an 11-0 run.

Bryan Burwell, in the St. Louis Post Dispatch:
The game seemed to be falling apart when Kansas took that eight-point lead.

But while everyone else in the building thought it was slipping away, during the timeout with a little more than three minutes to go, senior Kim English (18 points) shouted something above the din that resonated with everyone in the huddle.

"I remember the most important thing that I heard in the huddle was Kim saying, 'We're going to win this game,'" Denmon said. "That meant a lot to me that Kim would say that."

The message was clear. Forget the scoreboard. Have no fear, and that's exactly what happened. There is always someone on this team willing and able to close out ball games in the most dramatic fashion.
Unbelievable.

Kim English of the 2011-2012 Mizzou Tigers Men's Basketball squad a few days ago in a rather prescient interview:



Indeed.

For no reason whatsoever, a photo of Miss Missouri Sydney Fiar in the Miss America Pageant:


By the way, I am really starting to tire of the petulance of everyone associated with KU when it comes to sports and KU's rivalry with Mizzou. ESPN's Jason King:

Missouri announced this past fall that it's leaving the Big 12 for the SEC after this season. The Tigers have said they'd like to continue their series with the Jayhawks, which began in 1908, by playing KU in a nonconference game each season.

Kansas wants no part of it.

"It's not going to happen in the immediate future," KU coach Bill Self said. "It's not because I don't like Mizzou. It's just because that's the way it is right now."

Self, if you couldn't tell, is ticked. And it's not just him. Kansas' entire administration -- as well as those from other schools throughout the Big 12 -- was steaming mad when Missouri decided to leave the conference for the SEC. Just when the divided league finally appeared to be gaining some stability, the Tigers backed out of their commitment and, in doing so, put other schools in jeopardy.

Missouri's move almost caused the Big 12 to fold. Power schools such as Oklahoma and Texas would have been fine, but at places such as Kansas, Iowa State, Baylor and Kansas State, there was a genuine fear of being forced into a non-BCS league.

Knowing that, it's understandable why Self and KU aren't exactly jumping at the chance to do Missouri a favor by keeping the Tigers on the schedule.
The fact of the matter is, Mizzou was willing to overlook Texas' insistence on co-opting ESPN for it's own financial gain to the exclusion of the other Big XII institutions. It decided to look for some stability elsewhere only when Oklahoma and Texas started making noises about leaving the Big XII Conference for the Pac 12 after the Big XII universities committed to the conference. The administration decided enough was enough. We didn't want to be facing a situation where the football power schools decided to pack their bags, leaving the rest behind. As I've said before, if anyone is to blame for conference instability, it's the football BCS system and the money which ESPN dumps into the process--that, and the decision years ago to pick up the pieces from the Southwest Conference when it imploded.

Nonetheless, this does not mean that over a century's worth of rivalry should be tossed out the window.* And by the way, the rivalry and loathing does not only encompass football and basketball. I used to be part of a group of Mizzou fans who'd go to baseball games. The games against KU were brutal, because we'd sit behind the KU dugout and yell at them without mercy, waving a rubber chicken dressed in KU livery on a stick at their players. Our finest moment was the time a KU pitcher got so flustered with our commentary he through a ball at us from the mound and was promptly ejected.

Good times.

(Did I mention, baseball games were the only athletic events when the prohibition against beer at  university events was honored solely in the breach?)

Again King in a spot on comment:
Rivalries are one of the best things about college sports, and there might not be a feud as intense as the one between Kansas and Missouri. Sure, there are some that have just as much history and tradition. North Carolina-Duke comes to mind. And no one can deny the passion and emotion involved in every Kentucky-Louisville battle.

But when it comes to pure hatred between two schools -- and even more so, two fan bases -- nothing in college basketball tops Missouri versus Kansas.

At times it's downright scary.

"You can't just sit here and say this is an ordinary game," Tigers guard Michael Dixon said, "because it's not."

The magnitude of the rivalry is felt best in Kansas City, where thousands of KU and MU alums spend an entire year bickering with each other and making up jokes and slogans demeaning each school.
.
True enough.

This rivalry doesn't belong to the Big XII. It doesn't belong to the university curators or administrations. It belongs to the students and athletes of both schools, past, present and future. Why the worthies at KU insist upon taking it away, is not clear to me. It's not like Mizzou's been dominant over the years. In basketball, KU holds a substantial edge, while in football Mizzou's up by only two games. That's what makes it a great rivalry and why it should continue for as long as there's college sports.

Cheers.

R. Sherman

*Allow me here to direct you to John B.'s Blog Meridian and this recent post discussing James McPherson's Battle Cry Of Freedom. To which I respond (in good humor,) "Order Number 11". The "rivalry" between Missouri and Kansas goes back a long way.

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Wednesday, January 25, 2012

Harsh?

My absences from these pages over the six-plus years I've been holding forth here have occasionally been attributable to work issues, primarily jury trials. I get hired to defend people in civil lawsuits for damages and that means juries. One of things I always do, both at the beginning when we lawyers go through the jury selection process and at the end during closing argument, is to thank the twelve members of the jury and the alternates for their time and kind attention to the proceedings. I know it's a pain and the county's per diem of twenty bucks doesn't come close to replacing what jurors lose by attending and discharging their civic duty.

And it is a civic duty. At the risk of being maudlin, as much as people may hate lawyers and the legal system, our civilized way of resolving disputes is a heckuva lot better than the alternative. But it wouldn't happen if people weren't willing to do it. It's absolutely necessary for a society that cherishes the rule of law, and we're lucky in our Anglo-American jurisprudential system to have our interpersonal disputes and our criminal liability determined by twelve of our neighbors.

The above came to mind last night when I was perusing Drudge and saw this:
A prospective juror in a fatal drunken driving crash case who left during jury selection has been ordered to stand in front of the Lake County Courthouse the next two Mondays with a sign that says, “I failed to appear for jury duty.”

[Snip]

“Help me understand what it is about my words, ‘You’ve got to come back,’ that you don’t understand?” [Judge] Stefaniak said. ”I’m at a loss to understand why you did what you did.”

Heh.

Frankly, I think the guy got off lucky.

Many years ago, I tried a case in the SE Missouri Ozarks. It was a civil case for personal injury damages. The county was so small, the Sheriff acted as the court bailiff on law days. We started the trial, and it was apparent that four of the summoned jury panel had not appeared and were unexcused. We proceeded to pick a jury of twelve plus two alternates for two day trial.

Before we seated the actual jury and alternates, the court clerk handed the judge four pieces of paper, and he signed each one. He then announced on the record, "Sheriff Jones, you will take one Deputy and you will find, John Doe, Mary Smith, Robert Jones, and Jane Roe [not their real names] and bring them before this court to show cause why they should not be held in contempt of this court's order to appear for jury duty."

The Sheriff disappeared for the rest of the day and a deputy took over as bailiff. We tried the case and came back on day two for the final evidence and argument. The jury was given its charge and retired to deliberate. It was only then that the Sheriff reappeared with two of the four prospective jurors, who were wearing handcuffs and who had spent the night in jail. (Of the two the sheriff didn't have, one was 87 years old and in a nursing home with severe dementia and the other had moved to different county and was therefore ineligible for jury duty.)

The judge gave the two slackers a harsh talking to and fined them, but suspended the fines if they showed up for jury duty at the next available date.

I remember thinking to myself, "Good for the judge!"

I still think that. The rule of law requires us all to participate, even when it's inconvenient and even when we'd prefer not to play. Sadly, many of our court officials let unexcused absences from jury duty slide. Ultimately, when you fail to punish disrespect for the Law, eventually there will be no respect left.

I shudder to think what such a society would look like.

Cheers.

R. Sherman

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Sunday, January 22, 2012

A College Basketball Interlude


As long time readers know, I'm a huge NCAA College Basketball fan. I've periodically posted about Division I college hoops on these pages over the years, particularly concerning my beloved Mizzou Tigers. For those you who haven't been paying attention, my alma mater endured wandering in basketball wilderness following The Incubus Quin Snyder (TM).
Aside: For fun "Google" the phrase "incubus Quin Snyder." You get this. [Insert Smiley Face Emoticon.]
Fortunately, Quin was fired, and our Athletic Director hired Mike Anderson to coach the team, a choice which I loved. even though the Athletic Director wouldn't consider me for the job. Mike took the Tigers to the Beulah Land of the Elite Eight in the NCAA tournament and brought respectability back to the basketball program.

Thus, when Anderson resigned last year in favor of his first love, the University of Arkansas Razorbacks, I was shocked, dismayed and depressed. Nonetheless, I held out hope that Athletic Director Mike Alden would again work his magic and bring in a big name. What we got, was Frank Haith.

Huh?

Note his coaching record before Mizzou at Miami in the ACC:  Precisely one NCAA tournament appearance. Yes, people said he recruited well, but the proof is in the pudding, isn't it? What did he do with those recruits? Not much at Miami.

So the basketball season started this year, and I resigned myself to a season of mediocrity.

Lo, did my Tigers win.

And win.

And win.

Even though they're short and play a four guard, one big offense. Yet, people started to notice. From ESPN earlier this year:
Despite running out to a 9-0 record under coach Frank Haith, the Missouri Tigers find themselves ranked eighth in this week's ESPN/USA Today poll. They’re behind four teams that have already lost, including North Carolina, which has lost twice. While Missouri doesn't have as much name recognition as Ohio State, Kentucky, or Duke, the Tigers might be the most complete team in college basketball. My definition of "complete" is pretty simple: It’s whether a team that can produce at a high level on both ends of the court. I think Missouri fits the bill better than almost any other team.
By all means, read the whole thing and watch the videos. Amazing stuff.

And our lack of height, "vertically challenged," as Coach Haith calls it? Again ESPN on our lone big buy Ricardo Ratliff:
Ratliffe's tempo-free numbers are every bit as impressive. Ratliffe ranks No. 1 in the country in effective field goal percentage (77.1 percent) and true shooting percentage (75.8 percent). The former factors in 3-point shooting, which Ratliffe never does; the latter accounts for free throw accuracy. What's more, Ratliffe's eFG% is nine points better than the second-best player in the country, Denver's Brett Olson, and the rest of the pack that crowds the top of the list. Ratliffe is way out in front.

 And so:
Ricardo Ratliffe is the most important player in America. Missouri has a national-championship caliber backcourt. The Tigers have so many weapons. And they used all of them to beat Baylor Saturday. Ratliffe was dominant with 27 points, eight rebounds and two blocks. Missouri gets by on limited size because of Ratliffe’s efficiency and versatility. With Ratliffe’s prowess, the Tigers have Final Four potential. Without him, they wouldn’t be a top-10 squad. He’s that much of a difference-maker for that team. With Missouri’s limited size, he’s the most crucial player in the country.


Such was on display Saturday, when Mizzou traveled to Waco, Texas for a road game against the number 3 Baylor Bears. Some video:



And analysis:




And some discussion:
EB: . . . Speaking of Missouri … on a normal Saturday, that was the win of the day. Yesterday, it was one of three. Either way, huge, huge victory for the Tigers on the road. This team has to be seen as a legit national title contender now, right?

MM: Definitely. Most of the top-10 teams are still figuring things out in one way or another. Not Missouri. The Tigers are confident in who they are. And they're as tough as any team in the country, too. Speaking of toughness … where was Baylor's?

EB: I really want to defend Perry Jones III from all those charges about him being soft … and then I watch him play, and I can't disagree! That's how I feel about this Baylor team. They have been incredibly impressive for much of this season, but I feel like they lack that hard edge in the middle of their lineup. Jones and Quincy Miller simply don't give that sort of look to your team. I wonder if that's an issue going forward.

MM: I agree that it's hard to defend Perry Jones when he disappears in a huge HOME game. I was waiting for him to have a Naismith moment -- "Forget this, there's no way we're losing this one!" -- but it never happened. And to be honest, the only time that has happened was during Baylor's win at BYU.
Finally, an interview with guard Kim English and more reaction.

And some more ESPN comments.

I'm feeling pretty darn good about this season, though I don't want to jinx it. The (Evil) Kansas Jayhawks await.

And Frank Haith: I'm sorry. I love you, man.

Cheers.

R. Sherman

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Monday, January 16, 2012

A Continuing Discussion

Some time back, I posted some thoughts on the Occupy! Movement, here, here and here. You may wish to reread them to refresh your recollection. As I said then, I don't necessarily disagree with the the movement's identification of the problems in our present economy. I do believe that the protestors misidentify the origins of the problems and either offer no solutions beyond a nihilistic "build a new (and unspecified)society." I also do not believe their means are conducive to accomplishing their goals.

I've also said on many occasions, that I enjoy friendly disagreement. I think at one time or another, every one of my regular readers have disagreed with me and said so. I like that. A good, rational, friendly give and take is pleasant for me, if for no other reason, than it tests my reasoning and causes me to reexamine my positions.

To that end, last month, my good friend John B. of Wichita, Kansas posted his thoughts and critique of my post. I intend to respond, but I thought it would be best to point you to the John's thoughts first, so that you could read and digest them, before I return the ball over the net.

I note, when I call John a friend, I mean that. He's been one of my longest visiting readers, and the Official Family and I spent a too short lunch with him in Wichita on one of our trips west, about which he reported here. That report, has been the only one of his blog entries  in which I've questioned John's veracity or  powers of observation.

But I digress.

So go to John's, read his "Occupy" thoughts and comment, if you wish. In a few days, I'll post a reply.

Cheers.

R. Sherman

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Friday, January 13, 2012

Beowulf And Other Diversions

The first minute of Beowulf:



And some Johnny Cash:



Plato's Cave Allegory:




The dumbing down of our country continues: Link.

Finally, a 21st Century addition to The Sun Also Rises:


Really?

Have a good weekend, all.

Cheers.

R. Sherman

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Thursday, January 12, 2012

Still Sitting On The Charts

Author's Note: My trial is over, but now I'm in the inevitable "catch up on all the crap I ignored for two weeks" post-trial meltdown. Thus, I feel compelled to post an entry which first appeared on these pages back in 2008.

As I've mentioned before, I rarely look at my statcounter, but when I do, I'm amazed that ways people find this page. In addition to my "regulars," Google shoots a lot of people here, (the two strangest means here and here, the latter of which led to here, of all things) and I've noticed over the years that the original of what follows continues to attract searchers, usually four or five per week. I think it's worth another look.--RS



I am alone in the world. I want to live in these mountains; I do not want to go to Tularosa. That is a long way off. I have drunk of the waters of the Dragoon Mountains and they have cooled me: I do not want to leave here. -- Cochise (1872)
We have finally received our Spring Trip photos back from the lab, so I figured I'd provide a brief entry about one of the highlights -- The Dragoon Mountains and Cochise' Stronghold.


Sitting isolated west of Willcox, Arizona in the middle of a rather vast desert plain, the Dragoons are visible for about 40 miles in any direction. They were the home of the Chiricahua Apache Chief Cochise, who led a war against the United States during the 1860's, which war started as a result of the ham-fisted attempts at "negotiation" by a greenhorn Yankee army Second Lieutenant which typified American-Indian relations.


Following "The Bascom Affair," Cochise withdrew into the Dragoon Mountains where he was born and proceeded to hold off the United States Army for twelve years. Finally, with the assistance of a white stage line owner, Tom Jeffords, who was the only Caucasion Cochise trusted and who operated his stage coach line and mail route through Chiricahua lands with impunity during the war, Cochise made peace with the United States. Although, the U.S. authorities wanted him and his band to move to the San Carlos reservation, Cochise refused. See the quote introducing this entry. Ultimately, he lived the rest of his life in the Dragoons and at his death, he was buried there in a secret location, known only to the Apaches and Tom Jeffords, who refused to divulge same prior to his death.

My guess is that you, gentle reader, are by now as bored with the history lesson as the Official Children were. Indeed, my impromptu oratory on the significance of the area, liberally sprinkled throughout with the phrase, "A century and half ago," came back to hoist me, petard-like, when I was changing from long pants to shorts on the trail. The Official Elder Son proceeded to deadpan, "Just think, Dad. A century and half ago, you'd have had an arrow in your butt." I, of course, accepted the comment with good grace.



"Shut up," I said with Ward Cleaver-like paternal benevolence.



Anyway, the Stronghold is easily accessible from Willcox, Arizona and is just outside the the retirement community of Sunsites off U.S. Highway 191. We traversed the plain where the U.S. Tenth Cavalry (The Buffalo Soldiers) used to roam, keeping an eye out for golf carts being driven by elderly people with cataracts wearing black socks with sandals. Suffice it to say, the trip in caused a bit of historical cognitive dissonance.



The Cochise Trail begins at a lovely shaded Forest Service campground and proceeds seven miles west over the mountains. Since we didn't have a shuttle, we hiked 3.5 miles up to the mountain divide, before retracing our steps to the trail head. Elevation gain was about 1000 feet. The weather was perfect, and Spring was in the air as evidenced by the deer, coatimundi and ringtails we saw. All in all, it was a perfect day.



Trail Notes: There's no water at the campground, despite what on line guides might say, and very little to none on the trail. What exists on the trail requires purification, so fill up your bottles before you arrive.

Cheers.

R. Sherman

The Official Family, which proves that I didn't swipe these photos from someone else's on line vacation album.

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Saturday, January 07, 2012

Regulation Run Amok

Operation Migration In Action (Source).

As long time readers are aware, I like the outdoors. And I love wildlife of all sorts, birds among them. That's why this story, drives me nuts:
The 2011 ultralight-led Whooping crane migration is currently on hold in Alabama while the Federal Aviation Administration sorts out a regulatory issue involving OM’s pilots and aircraft.

The FAA is working with OM to resolve the issue as quickly as possible. In the meantime, this year’s cohort is safely penned in Franklin County, Alabama, watched over daily by OM personnel.

The issue in question is whether or not OM’s pilots are flying “for hire,” or, for the furtherance of a non-profit. OM aircraft are licensed as Light Sport Aircraft (LSAs) which came into effect in 2008. FAA regulations prohibit flying LSAs for hire or as part of business activities. The FAA has begun the process of evaluating a waiver to OM, exempting its pilots and aircraft from that rule.
If you haven't heard of Operation Migration, it's a group of private pilots who take ultra-light aircraft and guide whooping cranes on their migration south during the winter. Lest you think it's a crazy stunt, consider:
It is believed that approximately 1,400 whooping cranes existed in 1860. Their population declined because of hunting and habitat loss until 1941 when the last migrating flock dwindled to an all-time low of 15 birds. The wild flock has slowly increased to over 180 in late 1999. This flock winters in and around Aransas National Wildlife Refuge on the Gulf coast of Texas. In spring, they migrate north, nesting in Wood Buffalo National Park, which straddles the border of Alberta and Northwest Territories in Canada. This flock of whooping cranes is the only naturally occurring wild population in the world. Scientists have long recognized the risk of having all of the wild whooping cranes using one wintering and breeding location. With all the wild birds concentrated in one small area, the population could be wiped out by disease, bad weather, or human impacts. Whooping crane survival depends on additional, separated populations.
Why, oh why, can't the Federal government just get out of the way, when people are doing good things at no cost to the taxpayer? After all, it's not as though they've not looked into this. They investigated last year and found no problem! Was there any evidence thing had changed? Were the whooping cranes paying them?

Good grief.

R. Sherman

(H/T Instapundit)

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Sunday, January 01, 2012

Happy New Year To All


Consider this my wishes to the readers and visitors of these pages for a happy, healthy and prosperous 2012.

I'll be scarce for the next ten days, as I have a major trial coming up and am approaching "freak-out" mode.

Sigh

'Tis life.

Cheers.

R.Sherman

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Thursday, December 22, 2011

My Christmas Card

The Christmas message distilled:

5. Let this mind be in you, which was also in Christ Jesus:

6. Who, being in the form of God, thought it not robbery to be equal with God:


7. But made himself of no reputation, and took upon him the form of a servant, and was made in the likeness of men:

8. And being found in fashion as a man, he humbled himself, and became obedient unto death, even the death of the cross.

9. Wherefore God also hath highly exalted him, and given him a name which is above every name:

10. That at the name of Jesus every knee should bow, of things in heaven, and things in earth, and things under the earth;

11. And that every tongue should confess that Jesus Christ is Lord, to the glory of God the Father. --
Phillipians 2:5-11 (KJV)
And that is the Christmas message: An all powerful God, who humbled himself to lowest extent possible, from birth through life and death in a manner which was the lowliest and most horrible men could conceive.

Simply for me, had I been the only one who needed it.

Simply for you.

Simply for us.

Merry Christmas, my friends.

Cheers.

R. Sherman

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Friday, December 16, 2011

A Post For No Particular Reason . . .

This whole internet thing is really quite amazing.

Did you know, for example, that when you visit a website and drop nasty remarks in the comment section thinking that the moniker "Anonymous" protects you, you leave a record of your visit? That record includes a specific "address" for your computer. That internet address can then be plugged into various and sundry tools to match a physical address. That physical address can then be used to obtain a satellite view of your location, and a complete public records report about who the heck you are.

Which is why, I don't post nasty stuff on the web journals of people I've never met.

Cheers.

R. Sherman

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Thursday, December 08, 2011

A Repost Because I'm Busy And In Mourning.

(Note: I happen to be thinking about my college days yesterday and remembered the following post from many years back. Sorry for the absence and lack of  new stuff. I'm very busy. Also, I'm depressed about Albert Pujols signing with the Angels. For my English friends, this is sort of like Wayne Rooney deciding to play for Scotland.

I await comfort in the comments.--RDS)

Someday, when you are twenty-four and walking through
The street of a foreign city...
Let me go with you a little way,
Let me be that stranger you won't notice.
And when you turn and enter a bar full of young men
and women, and your laughter rises,
Like the stones of a path up a mountain,
To say that no one has died,
I promise I will not follow.

Larry Levis
(1946-1996)

The Official Daughter and I were having a conversation about grades, under circumstances where she'd received one she didn't think she deserved. In the midst of it, I thought of something from my past and shared an abbreviated version with her.

In August of 1978, I appeared as a freshman at the University of Missouri--Columbia, intent upon becoming a journalist. I'd had good grades in high school and frankly, expected more of the same. As part of my first semester set of courses, I decided to get some of my humanities requirement out of the way and chose a course entitled Introduction To Poetry.

I chose a section which fit with my schedule and appeared on the first day. As it turned out, I was the only freshman in that section. There were a lot of sophomores and more than a handful of juniors, which seemed odd for an introductory course. As for the instructor, he looked like all the graduate assistants I'd seen so far.

He sat on a chair , put his feet up on the table and introduced himself as Larry Levis, using his left hand to push the hair out of eyes. He told us we could call him, "Dr. Levis, Professor Levis, oh hell, you can call me 'Larry' if you want to." (Photo above.)

Larry Levis was an interesting guy and quickly became one of my favorite teachers. We had two papers, a midterm and a final exam. I worked hard on the first paper, and believing it was a meisterwerk of criticism, eagerly awaited both the grade and the praise I was sure would follow.

What I got was a "C."

My first "C."

Ever.

I also received some rather scathing remarks about the quality of my thought processes, which remarks I thought were insensitive to my brilliance. (The phrase "aspires to a slick self-importance" comes to mind. Insert your own "kind of like what you write now" joke here.)

I took the paper in to discuss it with Professor Levis and he spent a good two hours with me discussing how to write a paper about literature, poetry in general, Paradise Lost, (the mid-term was coming up) and more. (Among other things, he asked me if I had a Roget's Thesaurus. When I replied in the affirmative, he said, "Throw it away.")

For the rest of the semester, I worked my rear off and wound up with a "B+" on my second paper on Robert Browning's Fra Lippo Lippi. Professor Levis had appended two hand-written pages detailing what I'd done right and congratulations on a good job. For the course, I received a "B."

I was and still am proud of that "B."

I always wanted to take another course from him, but he left Mizzou a couple of years later and it never worked out. Later, I discovered that he was an important, prize-winning poet and the fact that I'd gotten into his section was an incredible fluke.

Anyway, I'd not thought of him or that first "C" for many years. The experience was an eye-opener for me at the time. Without being too maudlin about it, at some point each of us needs to learn that we are not as wonderful as we think we are; preferably, sooner rather than later.

A few days after the conversation with my daughter, I was in our basement going through stuff and found a box of books, still unopened from when we'd moved seven years ago. In it was a book of Levis' poetry, from which the above poem is taken. I think, he wrote it for his son. I didn't recall it when I was scanning through the book. I'm sure I read those words after I bought it, but they must not have made an impression on me.

But now, years later, as I watching my daughter [And now, my high school aged son--Ed.] grow up and hearing her [him] discuss colleges and careers and her [his] future, they do; especially the last line.

Another lesson from Levis for me, I think.

Cheers.

R.Sherman

(Other Levis poems on the Web: Here; Here; Here; Here and Here.)

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Monday, November 28, 2011

In Which Your Humble Correspondent Muses On The State Of College Football

Author's Note: My European friends and non-sports fans will have no idea what this post is about. My apologies for that. Also, this is the first of three college sports related posts, two of which are Mizzou-centric. My apologies for that, too. Finally, for my Texas readers, know that I like your state. I've spent some enjoyable time there and find you to be a very hospitable people. It's just that sometimes, certain things must be said.--RS

There are times during our lives when we are forced to confront certain contradictions which we embrace without thought most of the time. The reason we don't do it all the time is that such contradictions are uncomfortable. They're uncomfortable, because the fact that we embrace them demonstrates a certain lack of rationality on our parts.

For me, my current feelings about the state of NCAA Division I BCS football fall within that category.

As regular readers are aware, I attended the University of Missouri, known to the world as, "Mizzou." I drank deeply from the well of addictive Kool-Aid of "the old alma mater" during my undergraduate, graduate and law school years there. It starts the moment one arrives as an 18 year old freshman. You learn the history and traditions. You learn the culture. You're injected with pride in the institution and told you're now part of a wider "family" of graduates. It provides a connection with thousands of people you've never met.

Case in point: Sometime during the 1990's, I was on one of my occasional solo road trips out west, to Great Basin National Park, I think. I was taking a roundabout route, and wound up getting gas in the tiny town of Dalhart, Texas. While I was gassing up, a local in a Ford F-150 with Texas plates pulled in and was filling his tank, as well. I was looking at the rear window of his truck cab and noticed a "University of Missouri" window sticker. The driver didn't look old enough to have kids there so I took a chance and said, "M, I, Z," the first part of the quintessential Mizzou student sports cheer. He looked up at me, smiled and said, "Z, O, U." That led to a pleasant twenty minute chat about our respective times in Columbia.

So, school spirit runs deep, especially with sports, as readers of these pages will no doubt surmise. The above is especially true, viz. The University of Missouri versus the (Evil) University of Kansas. Search the term "KU Snark" below for taste or simply click here for one example.

That said, regular readers will also acknowledge, that I've been critical of big time college athletics on these pages. Back in 2007, I wrote this post, decrying the current scheme wherein young athletes are recruited to play football or basketball in exchange for scholarships, wherein few if any actually graduate. Those who don't are tossed out, having made millions for their respective universities. It's an unfortunate state of affairs, and it troubles me to say the least, because I'm a part of it to a small degree.

If memory serves, this is the first NCAA Football post on these pages this season. This year we've had the nightmare at Penn State (Google "Sandusky Penn State," if you're unfamiliar with it, but be forewarned: You'll regret it), the usual recruiting scandals and finally, conference realignment, wherein my beloved Mizzou Tigers will henceforth be playing in the Southeastern Conference instead of the Big 12, a conference whose roots go back to the turn of the 20th century.

I'm ambivalent about the conference change. There is a century's worth of tradition playing against the schools of Nebraska, Iowa, Kansas and Oklahoma. Heck, even in the early Twentieth Century, the Tigers and Longhorns disappeared into the wilds of Mexico for month doing nothing except playing exhibition football games. No one at either university knew where the hell their teams were.

Of course, it's all about the money, and I know I'm biased, but the responsibility for the break-up falls squarely on the shoulders of the University of Texas. Understand, I don't begrudge it starting it's own sports TV network, nor do I begrudge it keeping all the money, even though the money is/was predicated upon the cooperation of eleven other universities. But by the same token, one cannot behave in this fashion and essentially use the other universities' participation as a cash-cow, and expect them to play along. First, Colorado and Nebraska. Now Texas A&M (the most aggrieved party, in my view) and Mizzou. Don't blame the the latter four institutions for protecting their own interests, just as much as you protected yours.

There is a part of me which saw this coming the moment the former Big Eight Conference merged with four Texas teams of the defunct Southwest Conference. Ultimately, Texas was going to run the show. Now, the chickens are home roosting, and Kansas, Kansas State and Iowa State are looking on helplessly as another Texas team (TCU) joins the conference. Good luck with being the Texas state and  Longhorn whipping boys for the foreseeable future.

R. Sherman

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Friday, November 25, 2011

Supply Creates Its Own Demand.


The title to this journal entry is one of the fundamental laws of economics. That is, people don't know they want something until it's available. Consider the I-Pad. Three years or so ago, no one knew bubkus about tablet computers. Enter Steve Jobs at Apple and behold: The Mac based I-Pad is on everyone's wish list and Mr. Jobs died a zillionaire.

Ditto soccer photos of the the Official Elder Son's first season as back-up striker on the varsity squad for the southern Lutherans of the St. Louis Metropolitan area. Specifically, we returned from the Soccer Banquet Wednesday evening, and during the course of same, wherein the OES received the "110% Award," we received a CD with photos. I shall not bore you with all of them, inasmuch as Blogger will "upchuck and die" if I loaded them all here, but a few are worthwhile.

And yes, I'm a proud papa.

The goods. As always, click to embiggen*:







Given, that I've got another several hundred megabytes of these, I expect the market and the laws of supply and demand will soon take over, and someone, i.e. moi, will have cornered the market.

The upside, of course, I'll be in tall cotton, even though I'm not charging a dime for this.

Cheers.

R. Sherman

Note: I reiterate, these photos are not mine, but rather were graciously given to me by another Dad who provided a CD to each player of his own action shots plus general team photos. He did a great job, methinks.

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Wednesday, November 23, 2011

Holiday Weekend

Just a quick post to wish everyone a happy and safe Thanksgiving weekend. Enjoy the football!

Cheers.

R. Sherman

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Thursday, November 17, 2011

Further To The Last Post . . .

My apologies for not responding to all the comments to the prior entry on these pages. Chalk it up to the typical end-of-year craziness which engulfs my business, beginning every November first. It never fails. Physical Hurricane Season ends; legal Hurricane Season begins.

It seems to me that some readers are misconstruing what I wrote. First, I have absolutely nothing against a citizen's First Amendment rights of Free Assembly, Free Speech and Petitioning The Government for redress of grievances. Indeed, dare I say with no ill will, I'm probably the only person who frequents these pages who has actually put money where my mouth is in defending citizens (successfully) who were exercising those rights.

Nonetheless, for a zillion years, the Supreme Court has held that there can be reasonable time, manner and place restrictions on one's speech rights, provided that those restrictions cannot be based on the content of the speech. Thus, permits, curfews and so forth are always permissible. It's not a free for all.

Second, the Bill of Rights applies to the actions of Government. It does not apply to private individuals. If I don't like a comment on this blog, I can delete it with impunity, for example. The Occupiers may have a right to protest during certain hours on public property, but they don't have a right to camp on my front yard, no matter how valid their gripes with society are. In the case of the Wall Street Occupiers, they were attempting to appropriate private property, i.e. Zucotti park. Battery Park would have been a better choice. Further, stuff like
this (Warning: F-Bombs) does not help.

Third, I think that the protesters do have legitimate grievances. They are young people who have spent a substantial amount of time and borrowed money to achieve something, only to find that their "achievements" don't have the value they themselves placed on them. Whose fault is that? Is it Society's as a whole, who cannot see paying upper five or six figure wages for someone with a degree in World Religions, or is it the advisers who allowed/suggested they pursue such a course of study? Is their debt Society's fault or is it a)universities which raised tuition costs at a rate exponentially greater than that of actual inflation coupled with b)governmental policies which allowed banks to throw the students' debt to the government, who c)passed laws to prevent these same indebted, jobless students from discharging their student loans in Bankruptcy? Do the students themselves bear any responsibility for selecting their own course of study?

I write the above paragraph as one who spent six plus years studying German Literature. At the end of that six years, my choices were to either spend another four years getting a Ph.D. or do something else. Alas, at the time, there were precious few tenure-track jobs in academe and so, I went to law school, not because I dearly wanted to be a lawyer, but because I wanted to support myself and family. Am I a sell-out? Of course, but I can pay my bills.

Third, I do believe the vast majority of these people have actually benefited from the system they decry. They complain about the so-called "one percent" but their desired destruction of same would actually harm the vast majority of those in the Ninety-nine percent. There isn't a "Mr. Exxon" sitting at home in boxers and a tank top stuffing billion dollar bills in cookie jar. Even if there were, to get those billions, he'd be hiring lots of people, who, along with himself would be pumping money into this country's fifteen trillion dollar economy. Not only that, but those shares of stock would be in millions of peoples mutual funds, retirement accounts, insurance policies, etc. providing a financial cushion for their future.

The protesters are correct, of course. Their future looks bleak. The problem his the Baby Boom Generation, of which I am nominally a member given the year of my birth, and philosophically a member given my parents' age and personal histories when I was born, have essentially mortgaged their children's and grandchildren's futures to pay benefits to themselves. Robert Samuelson, economics columnist for the Washington Post and Newsweek which are not exactly right-wing, in Real Clear Politics:
Our children's futures have been heavily mortgaged. That's true even if the economy returns in a few years to "full employment" (say, 5 percent unemployment) and past productivity gains (about 1.7 percent annually since 1966) continue. If today's weak recovery persists, the outlook darkens. Unemployment will remain high, say 7 percent to 9 percent. Wage increases will remain depressed. Young workers will have trouble finding jobs to develop the skills and contacts that lead to better jobs. Productivity growth might falter.

Generational gains tempered individual setbacks. We may now lose this comforting cushion. Our leaders might try to avoid that by boosting economic growth, controlling health spending and trimming benefits for the elderly. But we aren't sure how to do the first and lack the political will to do the second and third. The future is never entirely predictable, but downward mobility is not just a scary sound bite. It's a real possibility.
As of yesterday, our national debt topped 15 Trillion Dollars or almost $50,000 per American citizen. And it's earning interest and the politicians of all stripes show no sign of stopping. No wonder the protesters are pissed. I am too, believe it or not.

I also think the protesters' focus on the alleged "income inequality" is misplaced. That incomes across the spectrum are unequal is a given, but there can be a lot of reasons for that. I do pretty well as a lawyer in my bailiwick. It's because I'm good at it. Others don't do as well. I don't know why that is. Is it fair to punish me, because I've been successful? Is it fair to take my stuff and give it to the lawyer who isn't successful? If so, why?

Further, when one bases morality on how much stuff someone has, especially in this country, one should quickly realize that that evil "one percent" includes a lot more people than first suspected. Consider this article from The New York Times, especially the graph.

The concept of income inequality, if we assume that it has any moral component, assumes that there are wide disparities between/among various groups of people. Graphically, that would be represented by a very steep upward slope between the bottom and the top. Yet look at the top line of the graph:


Note that the steepest part of the curve is between the poorest 20th of Americans and the second poorest 20th. After that, the curve, while increasing, is fairly flat, especially compared to Brazil, China and India. Money quote:
Now take a look at America.

Notice how the entire line for the United States resides in the top portion of the graph? That’s because the entire country is relatively rich. In fact, America’s bottom ventile is still richer than most of the world: That is, the typical person in the bottom 5 percent of the American income distribution is still richer than 68 percent of the world’s inhabitants.
That includes these protesters. Or, for an easier demonstration of the above, I suggest going here. Plug in your income. See where you wind up compared with everyone in the world. Now ask yourself, do you really want to eat the so-called rich? If one's personal morality is determined by one's salary or one's stuff, how would you fare if the everybody in India decided to come occupy your basement? After all, everyone in India is poorer than you and therefore more moral and entitled to do so, right?

And this is what bugs me about the Occupiers. It's their naivete, coupled with their ignorance, coupled with their Nihilism and sense of entitlement which annoys me. They've already been given a leg up by being born American citizens. From the Times article linked above:
One’s income thus crucially depends on citizenship, which in turn means (in a world of rather low international migration) place of birth. All people born in rich countries thus receive a location premium or a location rent; all those born in poor countries get a location penalty.

It is easy to see that in such a world, most of one’s lifetime income will be determined at birth.
Perhaps these people need to sit back really consider whether they wish to destroy this thing which made them. They'd be destroying themselves, as well.

Cheers.

R. Sherman

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Monday, November 14, 2011

A Question That Deserves An Answer -- Updated

My friend Naomi* in the hills of Hollywood, California posted a comment to my previous entry, asking me why I used the term "morons" to describe the participants in the various Occupy! protests. Frankly, it's a good question and deserves a response from me.
BTW, I certainly do not mind comments which disagree with any post on these pages. I do not take them personally, and never have. Rather, I like to see these pages as a place of friendly conversation. It's not an echo chamber. That would bore me to death.
The question that immediately arises when I'm confronted with those who are protesting is simply, "Against what precisely?" I've yet to discern any specifics, beyond, "Some people have too much" and "Capitalism Sucks." Wrapped up in that are the usual progressive boogie men of "Bankers," "Jews," "big business," "corporations" and such. Stated differently, they are protesting against a caricature of their own making.

What makes it especially silly, is that these people in reality are part of the one percent, they ostensibly malign. Compared to other people on the planet, citizens of the United States, have the highest standard of living that's ever existed. Consider: the vast majority of the people on earth exist on less than one Dollar per day. These Occupiers are the beneficiaries of the system they seek to tear down. In point of fact, they are virtually all the products of an Upper Middle Class upbringing and they have all the trapping of the bourgeoisie they ostensibly abhor, from the clothes down to the Ipads.

Secondly, to the extent the Occupiers have some legitimate beefs, they are misdirecting their anger to the wrong targets. Simply put, the problems existing in our current situation can and should be laid at the feet of a government, which insists upon diddling with the market, whether that be for homes, student loans or whatnot. (See also, this from Newsweek about Congressional pursuit of individual wealth. Politicians of all persuasions are guilty. That's what politicians do, actually.)

Specifically, bankers did not cause people to buy homes they couldn't afford in the first place. I say this from having represented banks over the years and having sat in on meetings discussing the impact of various regulations on housing costs. Suffice it to say, I started hearing about the ludicrous rise home prices back in the mid Nineties. What do I mean?

Until say 1990 or so, in order to buy a home, a person had to have 20% of the purchase price up front. The remaining 80% could be financed, if you had a good credit rating and a job. The monthly payment on that financed portion, including prorated property taxes, if any, and casualty insurance, could be no more and 28% of one's monthly gross salary. Further, one's total debt load, including house payments, could not exceed 35% of one's monthly income. These were not government imposed rules, but were standards across the industry based upon studies by loan underwriters, which determined the above were best to allow the repayment of the loan and minimize defaults.

In the early Nineties, the government decided that virtually everyone should own a house. Thus, the above underwriting standards went out the window, to the point where banks could loan up to 120% of the sale price and the requirements for getting a loan in that amount consisted of breathing. Not only were these new requirements mandated, but government regulators threatened to sue reluctant bankers for discrimination. Finally, to sweeten the pot, the government started guaranteeing more and more mortgages, the "Fannie" and "Freddie" you've heard about. There were other things, as well, but the above were the big ticket changes. With all that essentially free money around, home prices went through the roof, no pun intended. Eventually, we had an economic downturn, the notes became due and hundreds of thousands defaulted on loans they should've never received in the first instance, which the rest of us are forced to pay, thanks to the government guarantees that should have never been granted. See, e.g. this for a readable, if rage-inducing discussion of the topic.

As for the problem of student loans, with which, by the way, I agree with the protesters, again the problem is government interference, not greedy bankers. See, this post from last year or go over to Instapundit and search "Education Bubble" for many more examples. The proper focus of the protesters' ire should be those individuals who convinced them that six figure, non-dischargeable student debt incurred in pursuing a B.A. in "Ethnic Studies" or "World Cultures" as opposed to Engineering, Math or heaven forbid, not going to college at all. In other words, they ought to be occupying their college's Financial Aid Office or Academic Counseling Department, not city parks.

With respect to some of the more general gripes of the Occupiers, I would note, that most boil down to "Life's not fair" and "Somebody's got more stuff than I do." True enough. Unfortunately, it doesn't matter what system you pick, capitalism, socialism, communism, whatever, it will be run by humans, who are by definition flawed. Stated differently, somebody will always have the vacation home on the lake or the corner office or the limo ride or the trip to St. Barts. Google the phrase "Soviet Leadership Dacha" for examples. Indeed, the Wall Street occupiers discovered this when a cadre of five or six of their number seized control of $500,000 of common funds from donations and deposited them in a bank. Or, consider that the occupiers have now become angry over "freeloaders" eating "their" food. Delicious, delicious irony. As Orwell said, "Some animals are more equal than others."

Finally, the methods employed by these people are, to be charitable, less than ideal. A complete, encyclopedic list of crimes committed from murder to rape to armed robbery, would make this already insufferably long post even more narcolepsy-inducing, so I'll leave it to David Thompson to provide a summary. Read his post and the links cited. See also, this, for more gobsmacking moments. As someone else noted, these aren't protesters as much as "protest reenactors" trying to conjure up the 1960's.

The bottom line to all of this is that I have no beef with people who wish to peaceably assemble and petition for the redress of grievances. To do that, one should identify the problem, identify the locus of the problem and have a plan to fix it. As indicated, the Occupiers have failed in the first two, their methods are flawed, and finally, they have no plan. Nihilism and the destruction of what exists isn't a plan. It's a mob riot which seeks to destroy both society as well as the rights which everyone has, including the right to the fruits of his/her own labors. Pursuing such a course of conduct immediately forfeits one's right to the intellectual or moral high ground, in my view.

Cheers.

R. Sherman

Update: Apparently, some have interpreted this entry as somehow decrying the First Amendment rights of the protesters. I thought the last paragraph made clear, I have no problem with peaceable assembly and speaking one's mind. I may agree or disagree. If the latter, we can have a discussion and make our respective cases. It's called, "the marketplace of ideas," to quote Justice Holmes. That said, my right to freely express myself does not mean I have a right to cause harm to you or your property. NBC New York:
Angry over all-day drumming, people urinating and defecating on the streets and verbal attacks from protesters, organizers say they will rally at City Hall Monday to send officials a message.

"Laws are clearly being violated and we simply want them enforced," Lower Manhattan resident Linda Gertsman told NBC New York.
(My emphasis)
The protesters lose me with the above highlighted behaviors. Under no circumstances, would such be deemed appropriate. Methinks, the protesters need to bone up on their history, starting with "Selma, Alabama" to get an idea about a)what to protest and B)how to do it.--RDS

*Naomi is a lovely person whose entries I never fail to enjoy. Please visit her and say "Hi." Her most recent essay, a review of Joan Didion's Blue Nights is especially thought provoking and worth your time.

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Friday, November 11, 2011

Occupy . . .

. . .Something!

I was going to write a lengthy critique of the morons involved in the various Occupy! protests, but instead, allow me to direct you to Failblog for a post that pretty well sums up my thoughts.

Cheers.

R. Sherman

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Thursday, November 10, 2011

Alas . . .

. . . the dream ends.

We lost last night 3- 1 in a hard fought game. But, as is normally the case, the better team prevailed, and there's no shame in being beaten by the number 2 team in the state. I wish them well.

Now, my sports posts will be confined to Mizzou basketball, at least until Track season arrives.

Cheers.

R. Sherman

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Tuesday, November 08, 2011

Kesselfang--A Repost From July, 2006

(Note: My nightmarish work schedule continues, combined with Missouri State Soccer Playoffs. For those of you keeping score, the Official Elder Son's Team won its district title, defeating the first "Honorable Mention" team here in a tough 2-1 match. Our next round was supposed to be this evening, but weather intervened and we've been postponed until tomorrow. A preview of the game here, because I know you demand it, even if you think you don't. (Send up good thoughts for the Lutherans tomorrow about 6:00 P.M. CST. Thank you.)

Combine Soccer with a zillion trials between now and the end of the month, and I'll be ready for a break. Consequently, I dust off the following entry from the archives which seems to fit my mood at the moment. I'll be back toward Thanksgiving with something new.--RS)




"In Salic Law, the preferred trial was by boiling water (although other forms were known). In this test, called the "Kesselfang," the accused plunged his or her hand into a kettle (German: Kessel) containing boiling water and withdrew (German verb: fangen) something. The hand was then bandaged. If, after three days, the hand was either unharmed or clearly on the mend, the accused was declared innocent."

Dahn: Studien zur Gesch. der Germ. Gottesurtheile, Mönchen 1867




I cast my gaze at my calendar which sits on the credenza in my office mocking me. I see that in the next fifty-seven days, I have 10 jury trials set which will consume around twenty-two or twenty-three days of that time. Given that I usually prepare anywhere from a day to a day and a half for every day I'm in court, that means I may need thirty-three days for preparation.

I also note that I have depositions, minor court appearances, appointments and so forth set for an additional twenty-two days.

Careful readers will have realized no doubt by now, that I'm short of time by an entire month.

I think I'm going to propose some changes to Missouri jurisprudence a la the introductory paragraph to this entry. The clients may not like it, but at least it will free up some time for me.

While I do that, please note that entries to this journal may be sporadic over the next few weeks. I say "may," because doing this [blogging] functions much like therapy, so there may not be much change at all. Who knows?

I trust you'll understand. In the meantime, please visit the much more interesting people listed on the side bar to the right.


If any of you wish to visit me in order to shoot me in the rear with a tranquilizer dart during the next two months, please feel free.


Cheers.

R. Sherman


Clovis I, King of the Franks. Say what you want, but the man sure knew how to clear off his docket. Lawyers didn't have much to do, though.

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Monday, October 31, 2011

It Was The Best Of Times . . .

. . . it was the . . . well, uh, actually, it was pretty much just the best of times.

So, we go into the weekend, with your humble correspondent, gearing up for really nothing except three days of solid sports here in the Midwest. First up, Thursday night, the Official Elder Son's soccer squad traveled west to play a regional Catholic high school which has been hovering around the St. Louis Top Ten all year, and is ranked seventh in the Missouri State Soccer Coach's Poll.

They won three - nil, setting the perfect tone as they head into the post season, which begins Tuesday against a local public school rival, which started slow but which has improved all year. The team is chock full of Bosnians, and trust me on this, dear reader. The Balkan immigrant community in St. Louis knows it's "football" and has been a boon to to local South St. Louis squads.

After the victory, we drove like crazy for an hour in order to ensconce ourselves in front of the tube with a beverage and snacks to watch my beloved Cardinals pull off their most recent World Series victory.

Huzzah!

During my lifetime, I've seen eight league pennants and five World Series Championships. Truly, for a baseball fan, I've been blessed, even to the point of feeling bad for Cubs fans who've gone since 1918 without the cheese.

Of course, I don't feel bad enough to hope they beat the Cardinals next year. Now, let's get Albert Pujols committed to spend the rest of his career here.

Saturday, dawned to hopes for my Mizzou Tiger (American)football squad, as they faced the Texas A&M Aggies at Kyle Field in College Station, Texas. We've been rebuilding this year, and A&M was ranked 16th in the nation. Kyle Field is a buzz saw for opposing teams.

Lo, did our sophomore quarterback James Franklin bring the Tigers from behind to win, 38-31 in overtime.

It was almost too much to ask.

Sunday, I went to church and didn't even the think about the Rams. To be blunt, I'm a fair-weather fan of professional football. Bill Bidwell broke my heart as a kid when he took the St. Louis professional team to Arizona, so I've never been able to give my heart completely to another St. Louis team. Nonetheless, when baseball season is over, I cast an occasional eye at the television on Sundays to see how the Rams are doing and wish them well, if for no other reason than it's good for our town.

Anyway, Sunday afternoon, I decided to check the NFL scores and lo, did I discover that the Rams had notched their first victory, and over the New Orleans Saints, no less.

Uh?

I mean, the Rams suck in spades. What's happening? Black is white. Up is down. Germany is France. Yay, verily, the end of days is nigh.

But at least, I've got a smile on my face this morning.

Cheers.

R. Sherman

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Monday, October 24, 2011

In The Thick Of It.

I apologize for the continued lack of substance on these pages. I'm still in the midst of a massively busy time, though I can vaguely see the endpoint finally. I'll return probably next week.

In the meantime, you can marvel at the fact that the Official Elder Son's soccer squad is listed at tenth in the Missouri State Class 2 poll. I would note, two of their losses this season came to the number 1 team, which is one of the finest soccer teams I've seen at the high school level. I fully anticipate them to win it all this year, and I wish them luck. According to the OES, not only do they play well, but they're great sportsmen to boot. A rare combination these days, methinks.

Cheers.

R. Sherman

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Monday, October 17, 2011

Yeeeesssssss!



Busy day today, but time enough to note 10.5 games out in August. World Series Wednesday in St. Louis. Gosh, I love growing up a Cardinal fan.

Cheers.

R. Sherman

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Friday, October 14, 2011

In Search Of My Blog-Fu.

Work has been very busy of late, and as a result, these pages have been dormant for a couple of weeks. I hope to change that shortly. Until then, I'll still be dropping by your places at various ungodly hours. If you hear something in the middle of the night, don't worry. It's just me poking around.

Until I return,

Cheers.

R. Sherman

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Tuesday, September 27, 2011

Religious Sacrifices

Long time readers will recall that going back to the earliest entries on this web journal, I've periodically addressed environmental issues. In part, my interest is personal, given that I enjoy occasionally trekking off into the wilderness. Professionally, I represent a number of public entities responsible for ameliorating the effects of our existence on the planet.

One of the things which has always troubled me, is the  rather twisted morality evinced by those purporting to be more concerned about us humans trashing the place than I am. True, I loathe Glen Canyon Dam and Lake Powell and would gladly support pulling the plug on the latter tomorrow, but I have the same level of positive emotions for those humans who would be affected by that. Yet, it bothers me when our environmental policies, no matter how well-intentioned, wind up adversely and disproportionately burdening the poorest and weakest among us.

And it's bothered me for a long time. From these pages in 2007 discussing carbon credits and "Cap and Trade" proposals made by Al Gore:
Al, for these purposes, I'll concede your point and agree that CO2 must be reduced. How so? Gore responds:
That reduction, which would be mandated by a world-wide treaty, could happen through carbon taxes, cap and trade, technological innovations, and energy conservation and efficiency, he continued, as long as it is accompanied by a major grassroots public shift to sustain it at the level necessary.
Yes, but won't carbon taxes be passed on to the end consumer which will disproportionately affect the poor? I mean, if the government taxes me for excessive pontificating in my job, my hourly rates are going up to make up the difference. And because the biggest producers are transportation and industry, those costs will be passed on on everything bought and sold all the way down to the little guy making minimum wage, because he can't pass them on farther.
And from this entry in 2008 on world-wide grain shortages due to our insisting that we make fuel from the food, a lot of which goes to feed the poor around the world:
This situation exists because politicians know that the best way for them to accumulate power is to create a fake catastrophe, then ride to the rescue of the hapless public, scooping up our personal autonomy in the process. Meanwhile, the price of a loaf of bread goes up a quarter. Big deal. I can afford to pay the penance for the eco-sins of which the politicians wish to cleanse themselves.

But there are a lot of people who cannot.

And they're getting hungry.
Now, it appears our environmental policies are not only starving people but forcing off them out of their homes, as well, in order to satisfy the acolytes of the goddess Gaia. Reports the New York Times :
KICUCULA, Uganda — According to the company’s proposal to join a United Nations clean-air program, the settlers living in this area left in a “peaceful” and “voluntary” manner.

People here remember it quite differently.

“I heard people being beaten, so I ran outside,” said Emmanuel Cyicyima, 33. “The houses were being burnt down.”

Other villagers described gun-toting soldiers and an 8-year-old child burning to death when his home was set ablaze by security officers.

“They said if we hesitated they would shoot us,” said William Bakeshisha, adding that he hid in his coffee plantation, watching his house burn down. “Smoke and fire.”
You read that correctly. In the pursuit of clean air, people are beaten, murdered and driven from their homes. Normally, the U.N. condemns such behavior, but here apparently, it's perpetrating it. Or more precisely, it's policies are the root cause:
But in this case, the government and the company said the settlers were illegal and evicted for a good cause: to protect the environment and help fight global warming.

The case twists around an emerging multibillion-dollar market trading carbon-credits under the Kyoto Protocol, which contains mechanisms for outsourcing environmental protection to developing nations.

The company involved, New Forests Company, grows forests in African countries with the purpose of selling credits from the carbon-dioxide its trees soak up to polluters abroad. Its investors include the World Bank, through its private investment arm, and the Hongkong and Shanghai Banking Corporation, HSBC
Note well, there are a lot of people making a lot of money solely on the backs of the poor, whose "Carbon Footprint" is undoubtedly minimal at best. From the board rooms of the companies, to Al Gore's Empire, to the politicians in the U.N. and Kampala, people are getting rich.

Meanwhile, children get  burned to death in  their homes.

What would be comical, were the whole thing not so disgustingly horrific, is the same people in the First World who are trying to peddle this tripe normally are the same ones who tell me I'm a morally decrepit human because I balk at being willing to pay higher taxes to support this stuff, claiming I "hate" the poor, while they rake in millions of dollars actively pursuing policies which are killing poor people.

I'd like to hear Al Gore's views on what he's wrought when his pontifications move from theory into practice. Although in fairness to some environmentalists, such moves to eliminate surplus populations are more a feature and than a bug.

R. Sherman

On Morality and Man's relationship to Nature, I point to related posts here and here. I may try to tie these all together at some point down the road.--RS

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Sunday, September 18, 2011

All Soccer, All The Time

At the risk of chumming the waters and drawing the troll back to these pages, I note only that my absence of late has been necessitated by the Official Sons' participation in soccer season. The Younger's playing midfield on his middle school team. Alas, their season is not going well, in part because the number of "small" schools has diminished, such that they're forced to play much older and larger, more experienced teams. Thus, our team with fifth graders who've never played much organized soccer is forced to try to hold it's own against teams primarily of eighth graders. It can get ugly.

Nonetheless, it is a character building experience and one only gets better by playing better teams.

As for the Elder, he's playing varsity level this year as a sophomore, one of five out of the eighteen on the team. I'd forgotten how involved varsity high school soccer was until I looked at the schedule and realized we've a game every day this week, starting today.

Oy.

In other Missouri High School Soccer news and because I know you, dear reader, are dying to know, a sign that the Apocalypse is nigh.

I'll be back more frequently when I can catch my breath.

Cheers.

R. Sherman

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Sunday, September 11, 2011

Some Thoughts.


From Christopher Hitchens.

And, via my Irish friend Vince on the sidebar, the anguish with quiet dignity by those left behind.

And, Naomi remembers one of three thousand.

Tom Junod at Esquire on The Falling Man.

Never forget.

R. Sherman

Related. And also.

Postscript: The troll has returned. Comment moderation is on. Forgive me if your comments are not posted for awhile.--RDS

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Thursday, September 01, 2011

What Did You Do During Summer Vacation?

Whatever it was, compare it with this, via Anthea on the sidebar who lives in Tanzania.

Cheers.

R. Sherman

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Tuesday, August 30, 2011

Invoking "Fairness" Is Simply Wishing The Eighth Commandment Didn't Apply To You

 Alert: This is a rant. Proceed with caution.


One cannot swing a dead cat these days without smacking some political worthy or pundit waxing philosophic about "fairness" in the context of our current economic distress. I've written about this before, and it stuns me that people ignore countless economic, philosophic and moral truths to get to the conclusion that, "you've got more than me and therefore it's OK for me and a majority of my friends to vote ourselves a chunk of your stuff."

Well, I'm tired of it, as is every single small business owner in this country who is struggling to make sure the bills are paid and his/her employees are taken care off, while having the audacity to think that their struggles will somehow lead to a monetary reward when it's all said and done.

What follows is a rant. It's predicated upon facts. If it offends you, you are acknowledging that you can be "offended," by the statement, "the moon orbits the earth." Stated differently, you may not like it; you may prefer magical thinking; you may wish otherwise. But the facts are. I'm either a liar or you are wrong. Those are the only two possible conclusions you can make from this post.

As they say, "Own it."

I am a small business owner. To get where I am required seven years of college which I paid for to the tune of Thirty-five Thousand Dollars, all of which was either earned at minimum wage jobs or teaching German as well as some loans which were paid back at eighteen percent interest. After working five years, I got to be an owner.

Yay me!

Except, that meant I had to buy a share of a commercial building and a share of practice, which I did, along with interest totaling a wonderful six figures.

Thus, I finally got to a point where I could enjoy the fruits of my business.

Please allow a digression. What I do is give advice and help people navigate the wilderness of American/Missouri Common Law. For that, I charge money. I send bills. People (mostly) pay them. At the end of the year, I and my business partners have a pile of money to divvy up. I'm not unique. There are countless people like me out there who are actually paying the flippin' bills around here in this country.

Here's what (figuratively) happens with the aforementioned pile.

First, all the stuff necessary to do what we do from building maintenance to employee salaries to copy paper to paper clips gets sucked away, primarily because we cannot do what we do without that stuff. Let's say that's about 30 cents of every dollar according to what I'm looking at as I write this. Of course, that thirty cents goes to support the employees, the paper company, the paper clip company, and the electric company and their businesses which are doing the same things I'm doing every year. And wind up paying the same costs and that I pay on the same damn dollar I make and pay them.

Next, we get to suck out another chunk which are the taxes required by the federal and state government merely for the privilege of hiring someone and paying him/her a salary to help support his/her family. Then, because of additional regulations, I wind up losing about $10,600 per employee (pdf file, page 6) in regulatory costs for small businesses. All told that's another twenty cents of every dollar I make.

So now, the dollar I earned is fifty cents. I get to pocket that, right?

Wrong.

First, I get to pony up fifteen percent off the top to the Feds for Social Security and Medicare, the benefits I will never see.

Then, of the final thirty five cents, I get to pay another twenty percent after deductions, leaving me with virtually bubkus for all that.

And to get that, I get to work 60-75 hour weeks with elevated heart rates, high blood pressure and anxiety attacks about making sure my employees are OK, to listen to some ass-wipe on TV who majored in Comparative Recreational Pharmaceuticals and Tantric Onanism tell me I'm a greedy sonofabitch.

Yeah? Well, here's my response.

Get a job. I've put more into the national coffers this month than you have in last two or three years.

R. Sherman

BTW, don't bother with the "I'm not talking about you" comments. Thanks, but pick a number: ten million? One million? Two Hundred Fifty Thousand? One Hundred Thousand? What's the level which, when crossed, constitutes perdition? The fact is you could confiscate every cent of every family who makes above one hundred thousand dollars, and still not have enough money to pay  for everything the politicians in Washington want to buy. 

Don't believe me. Dig out a calculator and deploy your elementary school math skills.


And while I'm at it, that money I've tried to save is slowly evaporating every time somebody utters the words, "Quantitative Easing" or "Stimulus." Here's a news flash, kids. When the government borrows money, it sucks value out of your savings. Forget the stock market. That dollar you put in your 401(k) in 2008 may look like the same dollar today, but in reality, it'll buy about seventy cents worth stuff. Don't believe me? Go to the grocery store, like I do every week and watch the food prices go up before your eyes.

And don't give me the, "Warren Buffet says it's 'ok' speech." The reason Buffet pays so few taxes is he generates passive income. He buys stuff and holds it. If it rises in value, great for him. He doesn't pay taxes on the increase, because he doesn't sell the stuff. Plus, Warren ignores the amount of taxes paid on behalf of his employees.  The fact of the matter is, for every dollar a producer earns, the government takes a chunk at every level.--RDS

Related.

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