Planet Colorado

July 02, 2009

Vodka Pundit

What Bail Money?

This is quite possibly the best news story ever written, sure to put a smile on your face before the three-day weekend:

Former U.S. lawmaker and Green Party presidential candidate Cynthia McKinney and several other human rights activists remained in an Israeli prison Thursday after refusing to sign a deportation form that they claim is self-incriminating.

In a press release from the Green Party, McKinney said the form states that the Spirit of Humanity, a Greek-flagged relief boat carrying 21 activists, medical supplies, cement, olive trees and children’s toys en route to Gaza, was violating the Israeli blockade and trespassing the country’s territorial waters.

Best part is, nobody in Washington is going to want to deal with this on what is effectively a weekend afternoon — meaning good ol’ Cynthia might be spending the entire weekend in an Israeli jail.

by Stephen Green at July 02, 2009 08:56 PM

Jon Caldara

How is Colorado’s Auto Industry Post Bailout?

Tim Jackson from the Colorado Automobile Dealers Association and Jim Fynes, VP of Long Ford Denver, will appear on the next Independent Thinking to discuss the issues surrounding the auto bailout. They also will talk about how things have changed since last December in the auto industry, and discuss how Colorado has been effected through the dealership closings. Tune in this Friday night at 8:30 p.m. on KBDI Channel 12; repeated the following Tuesday evening at 5 p.m.

by jccaldara at July 02, 2009 07:17 PM

Rocky Mountain Right

Alex King

WordPress Themes are GPL, too

Anyone surprised by this hasn’t read the GPL.

# | Visit Site »

by Alex at July 02, 2009 06:06 PM

Billlls Idle Mind

Taxes and Employment II

OK here some explanation, and a new question raised. Gateway Pundit has a report on the unemployment numbers showing the unemployment rate at 9.5%. Oddly, the 470,000 jobs lost in June only added .1% to the unemployment rate, but in the previous month, when the economy shed 520,000 jobs, the rate jumped .4%. It seems a 10% reduction in job losses results in a 75% reduction in the effect.

Regarding my simplistic method of calculating the unemployment rate in the previous post, Gateway notes:
...If laid-off workers who have given up looking for new jobs or have settled for part-time work are included, the unemployment rate would have been 16.5 percent in June, the highest on records dating to 1994.
Still not quite apples to apples, but closer than published government numbers which become more suspect almost daily.

by Billll (noreply@blogger.com) at July 02, 2009 06:06 PM

Dave Taylor

Bad PR Pitch #7132: From Baskin Robbins?

I dunno if it's just me, but this marketing communications from Paramount PR, the public relations agency for popular ice cream company Baskin-Robbins, sure comes across as presumptuous:

Subject: Cool Down this 4th of July with Tasty Treats from Baskin Robbins

baskin robbinsHi,

I hope you're doing well today! Please post this information on your blog, and let me know if you have any questions.

No Fourth of July celebration is complete without ice cream and cake! What better way to add fun and flavor to a July 4th fireworks celebration or backyard BBQ than with a delicious ice cream cake? Starting at just $9.99, Baskin-Robbins has an ice cream cake to please every palate and every budget. Stop in at one of your Chicagoland Baskin-Robbins locations and try one today!

Please let me know if you have any questions or would like more information.
Have a great holiday weekend!

Lindsay Scully
Paramount Public Relations, Inc.
www.paramountpr.com

Now realize this is not someone with whom I have had a long-term relationship. In fact, as far as I can tell, this is the very first time I have ever seen a message from anyone at Paramount Public Relations.

Further, what is the news here? That they have ice cream cakes starting at $9.99? So what? I'm also based in Colorado, so the "Chicagoland Baskin-Robbins" bit is a bit odd. Am I in their blogger database as living in Chicago?

So what do you think? Sloppy, lazy PR without any effort put into motivating the blogger to take the desired action, or am I just too judgmental today?

July 02, 2009 06:01 PM

Wash Park Prophet

Why Bother To Steal A Car?

The overall crime rate fell 8% in Colorado in 2008 from 2007, and more in Denver. "Colorado's overall crime rate dropped last year for the third time since 2005[.]" Colorado did better than the nation as a whole which also had falling crime rates. Crime rates are less cyclical than most people believe them to be.

Car theft was down 22%, which makes sense. The Denver Post interviewed a law enforcement officer and got a law enforcement answer to the question of why car theft has declined so much: more DNA testing at property crime scenes. The answer is very likely wrong, however. DNA testing is more common in burglaries which haven't fallen nearly so much. A better explanation is simpler. Demand for cars of all types, new and used, is way down, and used cars are cheaper as a result. Reduced demand for cars means reduced demand for stolen cars. And, why steal what no one wants to buy from you?

They didn't offer the decline percentages for the entire period of falling crime since 2005, but overall, the drop is very significant.

by Andrew Oh-Willeke (noreply@blogger.com) at July 02, 2009 03:09 PM

Little Known History At Unbossed

* Communism in the United States, complete with mass demonstrations by renters and the unemployed, was a much more notable political movement than it is now during the Great Depression. The conclusion to the article argues that FDR was supported by this mass movement. I come away with a new appreciation for why business interests tolerated the New Deal, in the face of what seemed like a much more radical alternative from the communists. The history also makes the Red Scare after World War II, whose leaders are generally demonized (with good reason), easier to understand.

The history is also reassuring. While the public is unhappy with the current financial crisis associated recession, it is clear that we are nowhere close to the conditions that prevailed during the Great Depression, yet, at any rate.

* The other shocker, seemingly right out of a conspiracy theory, except for the pedigree of its proponents, is about the source of the recent swine flu epidemic.

A paper published in the New England Journal of Medicine suggests that the virus responsible for the ongoing H1N1 "swine flu" pandemic is the result of a laboratory accident that occurred around 1977, "possibly somewhere in Asia or the Soviet Union." Researchers at the University of Pittsburgh noticed that the H1N1 strain responsible for the devastating 1918 pandemic continued to circulate, human to human, until 1957. For the next twenty years, the H1N1 strain seemingly disappeared as other flu strains took its place. Then, in 1977, H1N1 re-emerged in China, Hong Kong and the USSR. (Telegraph, June 30, 2009)

The authors concluded that the strain responsible for the 1977 outbreak "had been preserved since 1950." The likely cause of its re-emergence was "an accidental release from a laboratory source in the setting of waning population immunity to H1 and N1 antigens."


In other words, "swine flu" isn't just like the deadly Spanish flu of 1918, it is the Spanish flu of 1918.

* While not historical, a reminder that 90% of people on a secret U.S. government watch list of terrorists in the United States are able to buy guns illustrates just worthless this list is in real life. In a five year period from 2004-2009, there were 963 terrorist watch list matches. About 10% were denied permission to buy guns.

by Andrew Oh-Willeke (noreply@blogger.com) at July 02, 2009 02:58 PM

Genetic Schizophrenia Risk

"Schizophrenia is a severe mental disorder . . . characterized by hallucinations, delusions and cognitive deficits."

[G]enetic factors, estimated to account for 80 percent of the total risk of getting schizophrenia . . . . a person with schizophrenia probably has hundreds or thousands of risk-increasing variants. . . .

[E]ach of . . . three studies compared several thousand DNA samples from people diagnosed with schizophrenia with samples from thousands of others, some healthy and some with other diseases. Association studies are designed to find single letter differences, called SNPs, at many points along the DNA. Such variants popping up more frequently in the schizophrenia patients’ DNA are presumed to markers of regions of the genome that contribute to the disease.

Many thousands of common DNA variants (those found in about 5 percent of the total population) turned up more often in people with schizophrenia . . . . On their own, each variant identified in the new studies raises the risk of schizophrenia just slightly — from 1 percent (the risk in the general population) to, in some cases, around 1.2 percent. Collectively, common variants may account for about a third of the overall genetic risk of schizophrenia. . . . Other factors that contribute to genetic risk include variations in the number of copies of certain genes and rare but high-risk variants of specific DNA letters. . . .

Although few of the variants could be identified conclusively . . . some of the variants were found in stretches of the genome previously linked to schizophrenia. Such regions occurred near genes involved in the formation of brain cell connections and genes involved in controlling the activity of other genes. . . . DNA variations in a region of chromosome 6 called the major histocompatibility complex were also found in the schizophrenia patients’ DNA . . . This region contains genes that make proteins that are important for immune system function. Earlier studies have suggested a link between disruptions in the immune system with a heightened risk of schizophrenia. . . .

If the link between immunity and schizophrenia is confirmed, treatments for autoimmune diseases may also prove useful for alleviating the psychiatric disease, . . . currently only 30 to 40 percent of schizophrenia patients respond well to treatments.


From here.

Schizophrenia is increasingly looking like the mental health equivalent of friction, the cumulative effect of lots of little issues.

The variation frequency model is consistent with the empirical fact that prevalence of schizophrenia is more even than many heavily genetic conditions. Prevalence a condition with many more or less independent genetic sources is evened out by the law of averages; prevalence of a condition caused by a few key genes should vary more from population to population. It is also consistent with the empirical evidence that schitzophrenia is paternal age related, which would suggest that a variety of random genetic mutations can make it more likely. One would not expect age related mutations to be tied to a small number of specific SNPs, but would expect it to be tied to the overall number of mutations in a person's genome.

The report I read did not identify any "typing" that distinguishes, for example, between the genetic issues in treatment responsive schizophrenia, and those in individuals not responsive to drugs. The studies are suggestive, however, of the possibility that schizophrenia might be a matter of degree rather than an all or nothing affair. Someone with 500 risk producing variants might be prone, all other things being equal, to have a milder case of schizophrenia than someone with 5000 risk producing variants.

One of the studies also suggested that cumulative component of genetic risk (but not the immune system component of genetic risk) may overlap between schizophrenia and bipolar disorder.

by Andrew Oh-Willeke (noreply@blogger.com) at July 02, 2009 02:57 PM

The Buzz

FTS on Fox 31 News: New laws, new fees

Following Face The State's publication of details on the 51 bills hiking state fee revenue this year, Fox 31 reporter Eli Stokols reports on the real-world impact to individuals and businesses.

read more

by bradj at July 02, 2009 02:56 PM

Ben DeGrow

Bizarre Self-Parody: Michael Bennet Hiding from Denver Post on Card-Check

The chronic inability of Colorado’s appointed U.S. Senator Michael Bennet to take a position on the union card check bill (also known as EFCA) has moved deep into the realm of bizarre self-parody. It’s a political joke that has lasted so long that the label of “Both Ways Bennet” has been branded permanently on his [...]

by Ben at July 02, 2009 02:24 PM

Rocky Mountain Right

In the Midst of the Ritter Recession, Ritter Raises Fees

( - Promoted by Heston's Ghost - )

In a bold move that is sure to get our economy moving again, bringing an end to the Ritter Recession, Gov. Ritter yesterday sat back as his massive car tax went into effect.

Responses ranged from outraged to totally outraged. As the Denver Post Reports:

Yolanda Suazo's voice and hands shook as she pointed to papers indicating she had just paid $393.37 to register her 2007 Chevy Trailblazer — almost $100 more than she had expected.

"I ended up having to get an extra $100 out of the ATM, and I'm just hoping my mortgage check doesn't bounce," the Westminster woman said. "I was already struggling as it was, and now this."

Weren't we warned by Democrats during debate on this new car tax that the fees would be nominal? Yet here we are.

One can only wonder how many Yolandas are out there who are already feeling the pain of the Ritter Recession only to see their taxes go up once again.

 

by Mr. DNA at July 02, 2009 12:29 PM

Ross Kaminsky

The first shariah-compliant ETF

(H/T Delta Mike)

Starting Monday, a company called Javelin Funds has launched the first Shariah-compliant ETF (exchange traded fund), essentially a tradeable basket or index of 100 companies, based on – wait for it – the Dow Jones Islamic Market International Titans index maintained by Dow Jones & Co.

The index is made up of 100 companies outside the US whose practices are compliant with Sharia, meaning that “Excluded are companies engaged in the following lines of business: alcohol, tobacco, pork-related products, financial services, defense/weapons and entertainment. Also excluded are companies for which the following financial ratios are 33% or more: debt divided by trailing 12-month average market capitalization; cash plus interest-bearing securities divided by trailing 12-month average market capitalization; and accounts receivables divided by trailing 12-month average market capitalization.”

Here’s some other interesting information from Dow Jones:

The Dow Jones Islamic Market Indexes were introduced in 1999 as the first indexes intended to measure the global universe of investable equities that pass screens for Shari’ah compliance. With more than 100 indexes, the series is the most comprehensive family of Islamic market measures and includes regional, country, and industry indexes, all of which are subsets of the Dow Jones Islamic Market Index. An independent Shari’ah Supervisory Board counsels Dow Jones Indexes on matters related to the compliance of index-eligible companies.

There are currently more than 150 licensees with more than US$7 billion in assets benchmarked to the Dow Jones Islamic Market Indexes.

On another page, I found the list of the Shari’ah Supervisory Board members:

Shaykh Abdul Sattar Abu Ghuddah (Syria)

Dr. Abu Ghuddah is a senior Shari’ah Advisor to Albaraka Investment Co. of Saudi Arabia. He holds a PhD in Islamic Law. Dr. Abu Ghuddah has published many books on Islamic Financial transactions. He was an advisor for Islamic Law Encyclopeadia (Kuwait Awqaf Ministry). Dr. Abu Ghuddah is a member and chairman of several reputed Islamic Shari’ah Boards.

Shaykh Nizam Yaquby (Bahrain)

Mr. Yaquby is a member of the Islamic supervisory boards for several Islamic institutions, including the Arab Islamic Bank and the Abu Dhabi Islamic Bank. His work has appeared in the following publications: Risalah Fi al–Tawbah, Qurrat al–’Ainayn fi Fada il Birr al–Walidayn, Irshad al–’Uqala’ila Hukun al–Qira’h min al–Mushaf fi al–Salah, Tahqia al–Amal fi Ikhraj Zakat al–Fitr bi al–Mal.

Shaykh Dr. Mohamed A. Elgari (Saudi Arabia)

Dr. Elgari is an associate professor of Islamic Economics and the director of the Center for Research in Islamic Economics at King Abdulaziz University in Saudi Arabia. He is an expert at the Islamic Jurisprudence Academy (OIC), Economics. He is also an advisor to several Islamic financial instituitons worldwide and the author of many books on Islamic banking.

Shaykh Yusuf Talal DeLorenzo (United States)

Mr. DeLorenzo is considered a leading Islamic scholar in the United States. He has translated over twenty books from Arabic, Persian, and Urdu for publication in English and has been commissioned to prepare a new translation of the Qur’an. Mr. DeLorenzo compiled the first English translation of legal rulings issued by Shari’ah supervisory boards on the operations of Islamic banks. since 1989, Mr. DeLorenzo has served as secretary of the Figh Council of North America. He is also a Shari’ah consultant to several Islamic financial institutions and was an advisor on Islamic education to the government of Pakistan.

Shaykh Dr. Mohd Daud Bakar (Malaysia)

Dr. Bakar is currently a member of the Shari’ah Advisory Council of many financial institutions in Malaysia and around the world, including the Central Bank of Malaysia, Securities Commission of Malaysia, International Islamic Financial Market in Bahrain, Accounting and Auditing Organization for Islamic Financial Institutions in Bahrain and HSBC (Malaysia).

Are you kidding me? These guys are consultants to Dow Jones? Just a year ago, Dow Jones quietly removed one Sheik Muhammad Taqi Usmani from this Board. Apparently Usmani’s calls for Muslims to kill or enslave non-Muslims was inconvenient for Dow Jones’ brand image. The odds that one or more of the other Board members don’t have close ties to terrorist organizations borders on zero.

Yes, it might be argued that someone will do the business if DJ doesn’t, but even a dyed-in-the-wool capitalist must consider whether helping people who have sworn to kill you make money and spread their philosophy is wise.

It has been argued – and it makes sense to me – that Sharia finance is the jihadists’ nose into the tent of the world economy. Usmani’s participation is just one piece of evidence to bolster that reasonable assumption. Or HERE is one thing the Shariah-compliant profits might be buying. (Make sure you click on that link!)

There’s a very interesting (and not short at 62 minutes) presentation entitled “Sharia-complaint Finance: Benign? or Beligerent?” which I strongly recommend to anyone really interested in the subject. You can find it HERE.

I will research contact information for the CEO of Dow Jones & Company and update this note with that information when I have it. I will encourage you to contact him, as I will, to let him know that his company’s actions are aiding and abetting the most dangerous enemy this world has seen since Hitler – and possibly more dangerous than that. One would think that since the well-known conservative, Rupert Murdoch, now owns Dow Jones after its purchase by Murdoch’s News Corp., there should be at least a few sympathetic ears in the corporation. That said, I suffer no illusion that any amount of public outcry, much less the little that I can help muster, will cause them to get out of the Shariah-compliant finance business. All I can do is to avoid Dow Jones products as much as I can (difficult, given the importance of the Wall Street Journal) until they stop helping our sworn enemies.

If there is a bright side to all this, it’s that only $7 billion is so far indexed to these Dow Jones travesties. Let’s all do what we can to keep that number from getting bigger…not that we can do very much.

by Rossputin at July 02, 2009 11:57 AM

Free Colorado

Support Clear the Bench

A couple days ago I gave Clear the Bench Colorado a little hell for defending Amendment 54. I want to emphasize here that this is a minor disagreement with the organization (as the issue, while important, is only tangentially related to its activities), and I support Clear the Bench.

Moreover, I recognize that Matt Arnold took on the project on his own initiative, and he is preparing to work doggedly on this issue for many months. He faces a difficult and often thankless uphill battle.

We have the ability in Colorado to vote for judges' retention. Next year four of Colorado's Supreme Court justices face a retention vote. Because of their prejudicial decisions, they deserve to be thrown off the court by Colorado voters. Clear the Bench is working to educate voters in order to make that happen. If you support judicial integrity, support Clear the Bench.

(Also, while I'm praising organizations, I'll point out that the Independence Institute hosted the wonderfully inspiring Daniel Hannan and posted his talk in four parts. Hannan, an English parliamentarian, sounds more like an American than most American politicians.)

by Ari (noreply@blogger.com) at July 02, 2009 06:14 AM

Geek Press

Is there a 62 million year mass extinction cycle based on the Sun's oscillations relative to the galactic plane? (Via Cosmic Log.)

by Paul Hsieh (noreply@blogger.com) at July 02, 2009 06:03 AM

"How McDonald's Conquered France". Interestingly enough,
...[T]he quarter-pounded conquest of France was not the result of some fiendish American plot to subvert French food culture. It was an inside job, and not merely in the sense that the French public was lovin' it -- the architects of McDonald's strategy in France were French.

by Paul Hsieh (noreply@blogger.com) at July 02, 2009 06:01 AM

Jeff Goldstein

Errrrrr ……… [Darleen Click]

Not.On.Your.Life.

Stuck on stupid.

Soon to be offered via viral spam-mail.

Serious messiahcrush or craven bid for Lincoln bedroom invite? You visit site to read more]

by Darleen at July 02, 2009 05:40 AM

Richard Combs

Iran recount news

They did a "partial recount" in Iran, and Ahm-a-doin-a-jihad actually gained votes! So the Guardian Council declared him the winner and said the issue was closed. But in a little-noticed related story, today the mullahs expressed their ...

by rgcombs at July 02, 2009 04:51 AM

Vodka Pundit

RIP

The real story here is that Karl Malden outlived Michael Jackson.

by Stephen Green at July 02, 2009 04:21 AM

Richard Combs

Conservatives aren't credible on scientific matters

Dafydd at Big Lizards has identified the greatest weakness of the conservative movement, the one that cripples them in debates over some of today's biggest issues (emphasis in original): … What do all these contemporary issues hold in ...

by rgcombs at July 02, 2009 03:51 AM

Ross Kaminsky

Billlls Idle Mind

Taxes and Employment

Newsbusters reports that government revenue for June '09 is down 9.8% from June '08. Now I'm sure the relationship between employment and revenue is vastly more complicated than I am perceiving it but, to take a simple-minded peasants view:

Revenue is equal to the number of peasants toiling times the average tax rate imposed on their earnings.

R = E*t

Let Revenue in June '08 (R1) = 100
In June of '08, unemployment was 5.5% so the employment rate was 94.5%
100 = 94.5 * t so the effective tax rate would be 1.0582

Note that the total revenue and the total population don't actually matter since we're only comparing percentages here.

If Revenue in June of '09 (R2) = 90.2, and the tax rate is unchanged, then the percentage employed becomes 90.2/1.0582 = 85.239, which implies a 14.8% unemployment rate.

I know that other factors affect these numbers. At the last place I worked, the main workforce took a 20% pay cut in lieu of layoffs, and I stand by my previous prediction that the rate for June will be 9.8%, but how would that square with the announced revenue drop?

by Billll (noreply@blogger.com) at July 02, 2009 01:50 AM

Jeff Goldstein

Politco’s Mike Allen - PWNED [Darleen Click]

So-called “journalist” yucks it up on MSNBC praising the Vanity Fair hit piece on Gov. Palin, asserting Palin has “given a series of embarrassing interviews” post-election and that she was a “circus act.”

John Ziegler gets Mike Allen on air later and exposes him as a partisan, Palin-phobic hack. … [visit site to read more]

by Darleen at July 02, 2009 12:44 AM

Ben DeGrow

Beltway Buzz Growing over “Part Obama, Part Reagan” Ryan Frazier

The Ryan Frazier for U.S. Senate campaign is drawing more attention inside the Beltway — this time as noted on the “Washington Whispers” blog of U.S. News and World Report’s Paul Bedard: We’re hearing lots of buzz about another Republican who plans to challenge Colorado Sen. Michael Bennet, named just this year to replace Ken Salazar, [...]

by Ben at July 02, 2009 12:19 AM

Bradley Feld

Make Me Happy – There’s An App for That

I’ve been a delighted iPhone user since they upgraded the software to have mail / contact / calendar sync with Exchange.  With the 3.0 version of the software, I’m even more delighted.  I’ve had an iPhone 3GS since the day they came out (thanks Ross for standing in the non-line at the AT&T store for me) and – with the exception of the crappy AT&T 3G network – I find new little magic happy things every single day. 

As my app portfolio continues to radically expand and I endlessly fiddle with placement, I thought it might be useful to reflect (and memorialize) the apps that are currently on my first screen.  Here’s goes – left to right, from top row to bottom row.

  1. Calendar
  2. Messages
  3. Maps
  4. IMExchange: Finally, someone got Outlook Task syncing with an iPhone app.  Worth the money.
  5. Camera: Much improved – actually good pictures!
  6. Photo
  7. Weather
  8. Kindle: Yes, I can actually read books on this.
  9. Brightkite: I use this to post pictures to Twitter.  And occasionally log where I’m at.
  10. Clock
  11. 100 Pushups: Damnit – I will get stronger.
  12. FlightTrack: Indispensible when used with TripIt.
  13. Vlingo: Apple Voice Control is good, but Vlingo is great.
  14. iPod
  15. App Store
  16. Settings
  17. Phone
  18. Mail
  19. Safari
  20. Tweetie: I’ve tried them all and this one is the best.

Page Two are my “less regularly used, but at least once a week” apps (like Fandango).  Page Three are apps from our portfolio companies (have you played Mafia Wars on the iPhone yet?  or Vampires?  or used your Pogoplug?)  Page Four is a bunch of random other junk, although I’m pretty aggressive about deleting apps I never use.

I wonder what Page One is going to look like a year from now?  Any gotta-have-em apps that I’m missing that you guys out there in blogland would recommend?


by Brad Feld at July 02, 2009 12:06 AM

July 01, 2009

The Buzz

Longmont's Levison digs deep for tax revenue

Politicians have long debated the "death tax," levied by the IRS on inter-generational transfers of wealth. Now, cash-starved local governments are looking to cash in on the deceased, too. At a recent Longmont City Council meeting, councilwoman Sarah Levison was so concerned a local estate sale was not collecting sales tax that she called authorities to "go out there and figure out what was going on."

read more

by bradj at July 01, 2009 11:05 PM

Wash Park Prophet

Very Theoretical Law Scholarship

Despite the fact that my dear wife taught Women's Studies to college students shortly before and after we got married, I remain stunned at the breadth of topics that constitute legal scholarship. For example, this recent article:

This Article elaborates some aspects of everyday naming practices involving social identity and kinship, in order to assist us in understanding the injury that comes from mandating two distinct names for the core family relationship. It considers (1) the problem of family identity underlying Juliet’s 'What’s in a name' soliloquy in William Shakespeare’s play Romeo and Juliet; (2) Louis Althusser’s concept of interpellation; (3) the feminist critique of language and names, focusing in particular on the 'Miss'/'Mrs.'/'Ms.' controversy; and (4) the way in which concrete, diffuse, everyday social practices of naming and recognition are multiscalar, and interact with larger legal and social structures around recognition, dominance, and subordination. With these considerations in mind, it is easier to see that the 'civil union'/'marriage' distinction has a cultural meaning that will create a stigmatic injury by reinforcing and activating dormant, dispersed sites of stereotyping and prejudice against gays and lesbians.


-- Abstract, Marc R. Poirier (Seton Hall University - School of Law), "Name Calling: Identifying Stigma and the 'Civil Union'/'Marriage' Distinction" (Connecticut Law Review, Vol. 41, 2009).

I'm pretty sure that I haven't used the word "multiscalar" since I taught myself linear algebra in high school, if ever, and I'm not at all convinced that it means that same thing in this context. Still, it is interesting the someone writes about this for a living and that someone else decided to published it.

My own scholarly interests run more to this article on the failure of judicial reform in Mongolia, an interest which is also a function of having spent time with a Mongolian exchange student who is involved in the Mongolian legislative process not so long ago.

Also, fascinating is a recent paper by Harry Surden of the University of Colorado Law School, whose abstract begins:

This Essay challenges the view that privacy interests are protected primarily by law. Instead, I argue that much of society's privacy is protected implicitly by transaction costs.


The article goes on to argue that the demises of transaction costs as a result of new technologies makes legal regulation of privacy that was previously unnecessary due to transaction cost burdens appropriate to consider now.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 11:02 PM

Rocky Mountain Right

SCOTT MCINNIS CREATES CAMPAIGN COMMITTEE

( - promoted by Heston's Ghost - )

Major Step in Campaign to Restore Vision, Experience, Leadership & Results to Governor’s Office

In a major step forward in his journey to the Governor’s Office, Scott McInnis today filed the necessary documents with the Colorado Secretary of State’s office to create his campaign committee and begin raising funds.

He said his first campaign contribution of $100 came from Harold Piper, a small businessman from Rifle, who has been the first contributor to each of Scott’s campaigns.  He was the first contributor for the successful run for the State House of Representatives, for Congress, and now governor of Colorado.

“Our challenge is to demonstrate the vision and leadership to move Colorado forward, and the experience and skills to take the common-sense steps we must take to create jobs, jump start our economy and restore basic fiscal discipline.” Scott said.

Scott said the numerous challenges the state faces can be met with a return to strong leadership and a clear vision for Colorado’s future.

“We need a commitment to restraint in spending taxpayers’ money, not just rushing to cut anything when tough times hit,” Scott said.  “We need to strengthen taxpayer protections, not tear them apart.  And we need a climate where Colorado is once again a magnet for small business and entrepreneurs, not a state that demonizes companies that offer family-sustaining jobs – and tax revenue.”

Scott said that he has been traveling the state extensively and listening to the concerns of Colorado families and businesses.

“Coloradans are hungry for positive, strong experienced leadership,” he said.  “They want a decisive vision for how we can get our state back on the right track, creating jobs and offering real opportunity in every corner of Colorado.  And they want an end to stealth tax hikes and massive fee increases that hurt family budgets that are already stretched thin.”  

The campaign website – www.ScottMcinnisForGovernor.com -- will launch on Thursday morning, giving Coloradans a detailed introduction to Scott’s background experience, leadership, and lengthy deep record of accomplishments for Colorado.

Equally important, the website will offer Coloradans a unique opportunity to share their vision for Colorado’s future through letters, photos and video.  

ABOUT SCOTT MCINNIS

A native of Glenwood Springs and a resident of Grand Junction, Scott McInnis’ Colorado roots go back generations. A rancher, businessman and public servant, Scott has served his community, Colorado and our country, beginning as a police officer and volunteer fireman.  He entered elective office as a member of the Colorado House of Representatives, rising to the leadership positive of Majority Leader.  His service in the State House was marked by a wide range of practical accomplishments and a willingness to work across the political aisle to achieve the best results for Colorado.  He went on to serve in the U.S. Congress, and continued to deliver results for the state, including the creation of two national parks.  Eager to return home to Colorado, he decided to leave Congress and was recruited to join the Colorado office of a major international law firm.  He and his wife, Lori, have grown children, and one grandchild, and live in Grand Junction.  

#  #  #

 

by McInnis4Colorado at July 01, 2009 10:44 PM

Free Colorado

Aurora Republicans Host Top Candidates

Micah Marmaro, president of the Aurora Republican Forum, did an outstanding job gathering top Republican candidates and elected officials at a barbeque June 27 at General's Park. Here I'll review what they had to say -- which in some cases was surprisingly little. (I, on the other hand, said too much, but I'll review my talk in a subsequent post.) I'll intersperse my comments with related photographs.

DSCN5773

While I have previously criticized Congressman Mike Coffman on grounds of economic and personal freedom, Coffman gave by far the best speech at the Aurora event.

Coffman, who served in Iraq, offered an overview of the situation there. He said, "I think there's going to be an uptick in violence as we pull out of the urban areas." He added, "I'm confident we can stay on schedule" with a "phased withdrawal." He worried that President Obama is "not committing adequate resources to the war" in Afghanistan, risking unnecessary casualties. He also complained about Democratic pressure to "reduce funding for missile defense."

Coffman attacked directly the Democratic argument that "cap-and-trade" energy restrictions will help the U.S. become energy independent. "The fact is that we're dependent on imported oil because they've done everything they can to block our ability to do energy development, to do drilling of natural gas and oil," Coffman said.

What cap-and-trade "will do," Coffman continued, "is it will drive up the cost of energy. What it will do is drive jobs outside the United States... What manufacturing base we have left in America will push over to China."

Coffman said the political pace in Washington, DC, "has been incredible" because "this president has an agenda that is very aggressive... It is not a president of the general election, it is a president of the primary. He is a liberal through and through... This is far-left stuff."

Coffman said that the rapid pace of legislation is cutting short Congressional debate as well as public scrutiny, "so right behind cap-and-trade... we will be debating health care reform, and right on the heels of that we'll be debating immigration reform" (where I imagine I align closer with Obama's policies than with Coffman's, given that I support an employer's right to hire willing workers). Coffman also said he expects to see another move to push "card check," empowering unions by wiping out secret ballots for unionization.

However, given the close vote for cap-and-trade, Coffman said "I think it will have a difficult time in the Senate."

Coffman complained also that the $787 billion "stimulus" bill got minimal Congressional review before passage.

On health care, Coffman called the "public option" a "bait and switch for socialized medicine," a "single-payer system" that "will continue to drive the deficit."

Coffman said, "We have a deficit this year of $1.7 trillion. We will have a deficit for as far as I can see, at about a trillion dollars and rising. That's unsustainable... It got so bad that the Chinese publicly stated that they were worried about the U.S economy" in terms of inflation and interest rates.

Answering a question, Coffman said, "It's truly a European-style welfare state that this president and Congressional leadership are seeing." He noted that various Europeans are trying to get of such systems.

Coffman said 2010 will be a referendum "that will define the direction of America. It will define whether or not we are a European-style welfare state. It will define whether America is simply a country of large labor organizations, big business like Chrysler and GM where government has a stake in them or ownership in them -- big government, big business, and big labor. Or are we a country based on individual rights and responsibility, and anybody being able to start a small business with that entrepreneurial effort."

I also respected Coffman's answer regarding bringing military jobs to Colorado: "I like the fact that defense dollars come to Colorado, as long as we're competitive for those defense dollars. I will not lift a finger to compromise the ability of our military by forcing them into Colorado. And so what I want to do... is make sure... that they have the right tools to succeed in Colorado."

Concluding, Coffman said the central choice is "whether we have a free market economy or whether we have an economy that's managed by the government for its own interests."

All day (aside from my speech), Coffman's discussion of individual rights and a free market economy was the clearest expression of a guiding political philosophy.

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Shown above from left to right: Mike Morison (volunteer with Bob LeGare), Adam Eidelberg (volunteer for Dan Maes and Bruce Peterson), Andrew Goad (candidate for state house district 32), and Brian Cambell (candidate for the Seventh Congressional). (Thanks also to Micah for filling in some of these names.)

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Bruce Peterson is running for Arapahoe county commissioner.

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Loraine Buck, Ken Buck (candidate for U.S. Senate), and Micah Marmaro.

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Check back -- more to come!

by Ari (noreply@blogger.com) at July 01, 2009 10:21 PM

Wash Park Prophet

Tax Havens Good?

A recent report argues that tax havens are good, ranking the OECD countries with that philosophy in mind.

Unsurprisingly, I am not impressed with the argument which mostly boils down to "taxes are oppressive."

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 09:24 PM

The Buzz

Legislative musical chairs

Even though the legislative session ended in May, the Capitol rumor mill is still churning out gossip. The latest buzz is that Rep. Buffie McFadyen, D-Pueblo, is considering a move to nearby state Senate District 2 in anticipation of a 2010 bid.

read more

by bradj at July 01, 2009 08:57 PM

Jon Caldara

Daniel Hannan, Conservative MEP Denver Appearance

The star of this wildly popular speech made in British Parliament, Daniel Hannan, made an appearance here in Denver last week, and we were lucky enough to host him for a cocktail hour over at the Grant-Humphreys Mansion. We had a great turnout with some high profile guests. Several of Colorado’s most esteemed legislators made it out that night including, but not limited to Mike Kopp, Jim Kerr, and Amy Stevens. If you were unable to make it out that night, do not fret. We’ve got the whole speech plus some Q and A from the aforementioned legislators and myself. Here is the link to the 4 part YouTube playlist:

by jccaldara at July 01, 2009 07:44 PM

The Speculist

Mainstreaming of the Singularity Continues

UPDATE: Thanks to the anonymous commenter who pointed out that Justin Rattner is the CTO, not the CEO of Intel. Granted, a CTO saying these things is not as big a deal as a CEO, but I maintain that having the CTO of Intel say these things is still a fairly big deal.

A couple of months ago, we did a show exploring whether the technological singularity and associated accelerating change ideas are becoming mainstream, and what steps might be taken to move such ideas further along in that direction. I have not been shy about stating (and reiterating) that if humanity's near -- or even long-term -- future involves the emergence of a superintelligence that forever alters what live on this planet is all about, people ought to know about it.

It really ought to be as familiar a concept as, say, climate change.

So it occurs to me that, when the CEO CTO of a Fortune 100 company acknowledges that he not only buys into the idea of the singularity, but apparently takes it for granted, we are very much heading in the direction of this becoming a mainstream idea.

Steve Leibson tells the story thusly:

Greene's first question concerned when we'd know that the singularity had arrived. [Intel CEO CTO Justin] Rattner replied that we'd know it was here when we saw a robot emptying our dishwasher. In other words, when we've handed routine tasks over to machines, then we should know.

Now before you chuckle, be aware that unloading a dishwasher is not as mundane as you might think. For one thing, my wife has yet to train me to do it reliably and I'm pretty sure I have human-level intelligence. Just don't ask her. However, there are lots of issues with getting a machine to do this kitchen work. First, there's substantial dexterity involved in maneuvering dishes in and out of the dishwasher's racks and up to the storage shelves without breaking some dishes. Especially stemware. I hate stemware.

I agree with Leibson on the stemware thing, but I can't quite get behind Rattner's answer. A robot that can empty the dishwasher will be a remarkably sophisticated machine -- and I like an answer that diverges so widely from stock, Turing-test type definitions -- but that task requires human-level intelligence at best. A world in which robots empty dishwashers -- and that's the height of robot sophistication -- is a pre-singularity world. At some point, robots will be doing all our driving for us, but even that development won't mean that the singularity is upon us.

So kudos to Rattner for taking the idea of the singularity seriously, even if he doesn't articulate a terribly helpful definition of what it is. I think this is an idea that needs to be taken seriously even by those who consider it unlikely. (Alvis Brigis does a good job of showing how this is done.) Some possibilities are so high-impact that we need to consider them even if their probability of happening is quite low. For example, it's not at all likely that a huge meteor will hit the earth in the next 50 years. But does anyone think that the possibility should therefore be ignored?

Steve Leibson obviously doesn't take the idea of the singularity seriously, and that's too bad, seeing as he has provided the only report I can find (so far) on Rattner's comments. Rattner may have followed up the idea of the dishwashing robot with some thoughts on how that leads to superhuman intelligence. Leibson does give us this tidbit to chew on:

Rattner alluded to the bird-bone flute discovery -- just announced today -- that was found in the Ach Valley of southern Germany. That means that scientists now have a record of human artifact development that goes back at least 35,000 years or about 30,000 years before the flood. Rattner says that we will see more technological development in the next 100 years than in the previous 35,000 that is, if we (or the robots) don't kill off the human race in the next 100 years.

Wow, 35000 years of progress in the next 100 years? That's quite an endorsement of the idea of accelerating change to come from the mouth of a corporate CEO CTO, even if his company DOES make computer chips! By way of comparison, I think Ray Kurzweil says that we will experience 20,000 years of progress during the twentieth 21st century [thanks, Sally]. So either Rattner is more bullish even than Kurzweil on human progress, or we're going to see a lot of progress between 2101 and 2109. And the latter is possible, after all, if acceleration continues. After 2109 it just keeps getting faster and faster, to the point where we won't ever even see the year 2200.

As these ideas become more mainstream, we're likely to see more of these superlative scenarios from increasingly unexpected sources. As a confirmed superlativist myself, I'm all for that. But I hope we get more on the other side of the discussion than people rolling their eyes and making dismissive wisecracks. Thoughtful criticism is vital. I hope the mainstreaming of the Singularity means we'll see more arguments of the Bill Joy and Dale Carrico caliber -- also coming from unexpected sources.

by Phil Bowermaster at July 01, 2009 07:23 PM

FastForward Radio: The Age of Indefinite Lifespan

The World Transformed, Part 2

"How long have I got, Doc?"

"Oh, about 1000 years..."

Phil Bowermaster and Stephen Gordon welcome visionary aging researchers and best-selling authors Aubrey de Grey (Ending Aging) and Terry Grossman (The Baby-Boomer's Guide to Living Forever, Transcend: Nine Steps to Living Well Forever) to explain how indefinite healthy extension of human lifespan is not only possible, but may well soon be within our grasp.

Towards the end of part 1 of the show, we ask Dr. Grossman if there are three things that people can do right now to start "living forever," what would they be? He says the top three would be:

1. Stop eating sugar.

2. Get exercise.

3. Reduce stress in your life.

We didn't ask, but I'm guessing this list assumes that you don't smoke or drink heavily. With the exception of the first item, which is probably a little more extreme than the advice doctors would typically give -- generally they'll tell you to "cut down" on sugar, not go cold turkey -- these sound like some good general tips for how to live a healthier life.

Of course, that should come as no big surprise. If you want to live longer, getting healthy is a great way to start.

WorldTransformed4.jpg

Listening Options:

Stream our latest shows:


Or:

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Or download MP3's for all the archived shows at:

Listen to FastForward Radio... on Blog Talk Radio



About our guests:

Aubrey de Grey Ph.D. is a biogerontologist, creator of the Methuselah Mouse prize, and Chief Science Officer of the SENS Foundation.
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Terry Grossman, MD is a leading expert on anti-aging and life extension therapies, and the founder and medical director of Frontier Medical Institute in Denver, Colorado. drterrygrossman.jpg

by Phil Bowermaster at July 01, 2009 07:06 PM

Wash Park Prophet

Leverage Regulation Works

Was the Financial Crisis proof that regulation is incapable of preventing economic harm? No. It proved the opposite.

Commercial banking and thrift and credit union regulation didn't fail. Yes, a few dozen of these institutions, only a handful big and none "too big to fail" collapsed. Yes, a few dozen more have had bailout funds more or less forced upon them -- including a handful of "too big to fail institutions" some of whom probably needed the funds. But, these industries, because of FDIC type reserve requirements in the case of banks and thrifts, and the incentives created by depositor ownership in the case of credit unions and also downside risk concerns in the case of regional family owned banks, were not rocked to the core.

In contrast, non-bank lenders who are subject only to imperfect SEC/CFTC/FTC disclosure regulation and unregulated private transaction financial players regulated only by contract law and 10b-5 anti-fraud rules, utterly collapsed. Not a single free standing major investment bank survived as a free standing investment bank. Something like 95% of subprime lenders went out of business and both subprime lending and Alt-A lending virtually ceased to exist. Even sound mortgage backed securities were tainted by complex ones. Credit default swaps, supported by chains of CDS "reinsurers" defaulted, and far more would have defaulted if AIG, near the top of the reinsurance pyramid, had not been bailed out and nationalized. The money market came to the brink of a run that would have ruined it.

In short, 99% of reserve requirement regulated financial institutions are still here, while probably a majority of all non-bank, non-government sponsored, non-mutual financial institutions have collapsed or survived solely by dint of government assistance.

The financial crisis has shown that regulation works and that failure to regulate fails. History shows the same thing. The percentage of commercial banks failing in any given two decade period pre-FDIC frequently hit more than 50%. The percentage of commercial banks failing in any given two decade period post-FDIC approached 1%.

The FDIC works like title insurance. It micromanages what it insures in the ways that matter in advance, so that it doesn't have to clean up afterwards. The micromanagement isn't comprehensive: the FDIC basically micromanages only a couple things that matter to its insurance obligation -- reserve requirements (and there only at the bottom line level) and permitted transactions/investments (commercial banks can't go bet depositors money on the stock market no matter how sure a thing it seems to be).

But, mere transparency isn't sufficient, and transparancy also isn't necessary if substantive regulation is sufficient (banks make very little substantive disclosure of particular transactions which come under the rubric of banking privacy, despite the fact that they have the theoretical capacity to hide immense risk as they did in the mortgage backed security industry). Empirically, the SEC/Truth-In-Lending "disclosure is enough" formula of regulation simply does not work, standing alone. You either need to regulate the variables that can make a government feel it would need to do a bailout (mostly leverage), or you need to create better incentives (a la credit unions, mutual insurance companies and non-profit lenders; the Department of Education, Small Business Administration, FHA and VA didn't indulge in risky, poorly documented lending and loan guarantee underwriting in their respective subfields, for example).

When banks do get into trouble, the FDIC has another tool that has saved taxpayers (in the short term) and FDIC premium payers (i.e. banks) in the long term, huge sums of money, while protecting the vast majority of uninsured deposits as well. It has the power to make pre-bankruptcy loans that have the priority over other creditors of post-bankruptcy debtor-in-possession lending, and the ability to quickly sell the assets of troubled institutions free and clear of creditor claims without a full fledged bankruptcy (a bit like the Chrysler sale to Fiat), in a way that stiffs shareholders and some long term creditors, but protects trade creditors and depositors.

The Fed didn't have these powers in the Lehman case, perceived, not necessarily rightly as a key domino that collapsed, and these FDIC powers are the ones the Obama Plan obliquely mentions and delegated to regulatory wonks and Congressional staff to implment in detail, when it talks about given the Fed power to intervene pre-bankruptcy in non-bank situations.

Regulating leverage, either directly, like the FDIC and the Fed do with commercial banks and thrifts, or indirectly, though improved incentives that better align the incentives of people who use other people's money with the incentives of those who are providing it, is a key element of any regulatory program to make our economy more robust.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 06:17 PM

Vodka Pundit

Hoisted By His Own Speed-Petard

When a sensible regulation comes out of California, I’m shocked. When it comes from CalTrans, I’m positively floored.

by Stephen Green at July 01, 2009 05:38 PM

Alex King

Open Source Contract Considerations

BIG FAT DISCLAIMER: I am not a lawyer, nor do I play one on TV. I have, however, been working in the Open Source consulting and development space for a number of years and think this is an important issue for all Open Source consultants to consider. Please consult your own lawyer, don’t blame me, etc.

At Crowd Favorite we work primarily with WordPress, but also with many other Open Source projects. We are often working with larger companies that have standard Master Services Agreements (MSAs) or Professional Services Agreements (PSAs). These agreement templates are designed so that these companies have a known legal foundation to work from, and include a variety of requirements and terms that apply to the consultants working for them and governing the Deliverables created by those consultants. These agreements often have standard language in them that have some interesting side-effects when you are working with Open Source.

It’s common for services agreements to have these components:

  1. Deliverable
  2. Warranty
  3. Indemnification

with a set of terms around each. The standard terms in these agreements likely contain language that may be somewhat problematic when applied to projects built on Open Source.

Deliverable

Let’s look at the Deliverable first. In a standard web site build the deliverable might be loosely defined in this manner:

A custom web site powered by WordPress, using existing and custom created plugins and themes to achieve custom functionality. Consultant will deliver the entire package along with documentation and installation instructions, and will assist with the initial installation and configuration of the site.

The Deliverable described above has five potential parts: WordPress, existing plugin(s), custom plugin(s), existing theme(s), custom theme(s). The Deliverable is generally what the Warranty and Indemnification clause are tied to, so the way it’s defined is important.

Of these five parts, you will probably only have created the custom plugins and custom themes from scratch. The others will be created and licensed by other companies and/or individuals. You do not want to take on full responsibility for these parts of the deliverable in the Warranty and Indemnification clauses.

Warranty

The Warranty part of the contract generally has two parts: terms that cover how bugs will be fixed and for how long; and terms that declare that all of the intellectual property (IP) in the Deliverable is free and clear of infringement.

I’m assuming that you don’t want to be on the hook for every bug that might exist in WordPress (or whatever other Open Source package you are working with), so you need to make sure you get the language here adjusted so that it reflects this. You’ll probably end up in some middle ground on this, as your client will just want the solution you’re building for them to work, but you need to limit what you are willing to take on.

It’s the second part of the Warranty that is particularly dangerous. While you may take on some responsibility for fixing bugs in the overall deliverable, you definitely don’t want to take on responsibility for all of the IP in any Open Source project. If you do this, and it turns out someone in another country committed code that wasn’t legal for them to commit, you’ve just taken on responsibility for that.

We typically resolve this with a “to our knowledge” clause, which covers the client for code we create, but absolves us of responsibility from other Open Source code (assuming we are using code that was properly licensed, etc.). It also covers us in the event we are asked to build something that infringes on an existing patent.

If you breach one or more of the Warranties, then the Indemnification clause comes into play.

Indemnification

Indemnification ties in with the same issues discussed in the Warranty section. In this clause, there is typically language that makes you (the consultant) responsible for any legal issues with the Deliverable (instead of the client, who is using the Deliverable). Like the Warranty clause, the Indemnification clause is a fair and reasonable thing to have in a contract. We just need to tweak it a little so that it makes sense in the Open Source world.

It’s very reasonable to take on this responsibility in regards to any part of the deliverable you build, subcontract out, or are somehow responsible for. However, like with the Warranty clause, you don’t want to take on responsibility for every piece of IP that has made it into the Open Source project you are using.

We typically resolve this by adding either a “to our knowledge” clause or explicitly excluding parts of the deliverable in this area.

In addition, you may want to include something in the Indemnification clause to cover features that are requested by your client, but might infringe on a patent or similar concerns. Typically, the Indemnification clause does make you responsible in these cases and most consultants I know don’t have the resources to do patent searches on every feature that is requested by their clients. If you write code that contains infringing IP and your client is sued, you would be on the hook to pay for any and all or your client’s damages, including legal fees. The knowledge qualifier we use handles this situation as well, and you can also handle it with a specific carve-out if needed.

Hopefully this information will be useful to some of you the next time you’re reviewing a contract for a project. If all of this is new to you and you work in this space – I highly recommend talking with a lawyer who has experience with Open Source.

If you’re in the Denver area, I highly recommend working with Ryan Howell at Rubicon Law Group. We met in 2007 at the first StartupWeekend in Boulder and he’s been working with me and Crowd Favorite ever since.


Some contracts also expressly forbid the use of Open Source software and/or software licensed under a specific license as part of their standard terms. Getting this fixed is generally not a problem since you and the client should be in agreement that you are planning to use Open Source tools in the project. I’m assuming we’re all used to dealing with this one already, but wanted to call it out as well.

by Alex at July 01, 2009 05:30 PM

Vodka Pundit

Just One of Those Days

Ye Olde Reliable MacBook died. No, not really. But it was a very sick little machine for a little while there.

On vacation, it was having trouble importing pictures into iPhoto. The operation just wouldn’t complete, but I noticed that some of the pictures it could get to seemed corrupted.

So — trip to Wal-Mart for a couple new CF cards to fill up, instead of reformatting the used ones. Figured The Beast would be able to make short work of fixing anything that might be broken. Then while letting the Boy™ watch Spider-Man on the MacBook on the flight home, it thoughtfully shut itself off without warning, and the boot-up screen changed from the gray Apple logo to a gray Ghostbusters logo, minus the ghost.

Made an appointment at 4:00PM yesterday for the Genius Bar, then borrowed the wife’s MacBook to write the script for this week’s PJTV Hair of the Dog. Finished, I headed down to the studio to plug the computer into the teleprompter to rehearse a few lines, and got a nasty reminder that her machine has a newfangled Mini DisplayPort output instead of good ol’ Mini WhatEverLastYear’sPortWasCalled.

Ran down to the Apple Store three hours before my Genius Bar appointment to pick up the necessary cable — Mini-DP-to-big-ass-RCA. Time each direction: 20 minutes.

Discovered it would take two adapters to make the thing work. Mini-DP to DVI, then DVI to Video. Whew. Fifty bucks later, I had the cables I needed.

Running a bit late, I started putting the adapters together while driving (I know, I know.) They — and you’ve seen this coming a mile away, I’m sure — didn’t fit together. Although they sported identical labels, the male DVI was for computers, the female DVI was for video, and never the twain shall meet. Extra prongs on the male end, which is fitting enough when you think about it.

Took the first exit and looped around back to the Apple Store to try again. They had no two cables, or even three, which you could use to devolve an ultra-modern DisplayPort output to a simple RCA jack.

Back in the car and on the phone to PJTV Superproducer Mark Anderson to figure out how we could make the prompter work. Much discussion, no solutions. Told him I’d go downstairs and fiddle with stuff and see what I could come up with.

In the end, nothing worked. Or rather, nothing I could make work that didn’t involve precariously balancing my wife’s shiny aluminum computer four feet above a concrete floor, on the tip-top point of a tripod.

Taping cancelled, I headed back down to the Apple Store again, broken MacBook in hand. Sure enough, it was a bad hard drive. Hey, it happens. But thanks to AppleCare, I was back on the road with a replacement drive, installed and partitioned, in under 15 minutes. Never even had to show ID, hand over a credit card, or wait in line.

Back home, I hauled out my OS X install disk (still in the original box, in the original packaging, carefully stored in the office) and went about the dreary business of installing the OS.

That done, it was time to install a year’s worth of patches and updates… and our internet died. Keeled over it did, slipped this mortal coil. It was an ex-internet.

By this time I was getting really quite tired.

Internet fixed — no boring details on this one, you’re welcome — patches installed, Time Capsule backups restored, it was like the MacBook had never been ill. Except for all that driving and the stupid cables and such. Anyway.

Capping it off, I installed the 2.4 update to our Apple TVs and… there’s no other word for it… it sucks. Everything clean and elegant about the UI has been larded up with useless data, added theatrics, and text pumped up so big that it screams at you like a comment troll with his hammer laid down hard on the CAPS LOCK key. Seriously, now when I run the thing all I can think is, “Dude, you got a Dell!”

And that’s about as bad as a sunny day can get.

by Stephen Green at July 01, 2009 04:53 PM

Jon Caldara

Help Keep it Going!

Our short 60 second Obama Care video starring one of my minions seems to be lighting the YouTube world on fire.  It’s coming up on 20,000 views in just one week!  We’ve been featured on some very A-list blogs and websites recently: MichelleMalkin.com, HotAir.com, Reason.tv, Cato’s Blog, and our good buddy Radley Balko’s blog - TheAgitator.com.

Take another look at the video and help us keep this spandex sporting, goofy guy starring video going!

by jccaldara at July 01, 2009 03:41 PM

Jeff Goldstein

Ricci - the rest of the story [Darleen Click]

The grumbling from the racialist Left over Ricci rests on two main points — it was a 5/4 decision and such a “close split” should have no effect on the Sotomayor nomination. What they and the Left-driven MSM ignore is Wise Latina(tm) Sotomayor’s legal reasoning was rejected 9 to 0.

The Supreme Court’s predictable 5-4 vote to reverse the decision by Judge Sonia … [visit site to read more]

by Darleen at July 01, 2009 01:58 PM

Bradley Feld

TechStars TV: The Founders: Episode 5

If you need / want your weekly view into the world of TechStars Boulder, following is The Founders: Episode 5: Engaging Mentors.

This week’s episode includes guest appearances from some of my closest friends, including Seth Levine, Jason Mendelson, and my Gist t-shirt.


by Brad Feld at July 01, 2009 12:44 PM

Rocky Mountain Right

Cary Kennedy: Dick Wadhams Gonna Git You

Democrats are clearly struggling with the loss of George W. Bush as an all-purpose boogeyman. They're discovering that it's tough to scare their activists into donating without being able to invoke some looming horror that President Bush is about to unleash.

State treasurer Cary Kennedy is at least making a noble, if somewhat ineffective, attempt to elevate Colorado Republican chairman Dick Wadhams to the same level as Bush previously held. Her latest email soliciting donations started out slightly fixated on Dick Wadhams (chair of a political party) and his (shocking) desire to remove her (an elected official of the opposing party) from office:

We are not going to let Dick Wadhams bully us around. Cary Kennedy is not someone he can just "take out." The strongest way for us to send that message, at this stage of the race, is to make a contribution today.

We have thirty-four hours left to send Dick Wadhams a strong message, help Cary Kennedy build a strong campaign by making a contribution of $50, $75 or $100 today!

Dick Wadhams doesn't care about the state's finances, he only cares about winning elections. This is about more than just winning elections, this is about the future of Colorado's economy. Cary Kennedy is someone Coloradans can trust with public funds--that's what really matters.

Kennedy's infatuation with chairman Wadhams wasn't quite over, the email closed out by inviting supporters to "sound off" about Wadhams:

P.S.  If you want to sound off about Dick Wadhams, be sure to check out Cary's Facebook page and Twitter site. 

In case you're wondering what it looks like when a Democratic activist "sounds off" about Dick Wadhams, here's a sample from her Facebook page:

I just cannot get behind Ritter, especially after the appointment of Michael Bennet for US senate. Still recovering from the shock of that. Go Cary! ps. How's your tennis game?

A clear lack of focus. Wadhams just doesn't seem to focus them like George Bush did. What a shame.

Of course, this isn't exactly the first time Kennedy has gotten carried away. During the last election she pledged to help "drive a stake though the heart of TABOR."

by Rocky Mountain Right at July 01, 2009 08:37 AM

Wash Park Prophet

Civil Litigation At Its Worst

A Monday decision by the Colorado Supreme Court, decided by a 4-2 margin, over whether a sanction for discovery violations and related misconduct by lawyers in civil litigation was too harsh (the majority ruled that it was), nicely illustrates what civil litigation looks like when the pre-trial process gets ugly, despite (or perhaps because of the fact) that the underlying case was a fairly low stakes affair. The damages sought in the case had a principal amount of about $23,000 (the dividing line between the limited jurisdiction county court and the general jurisdiction district court is $15,000) in what appeared to all of the judges involved at trial and on appeal, to be a relatively simple case with only a few couple of seriously disputed facts.

While the ruling was highly fact specific and hence has only modest precedential application, appellate rulings on pre-trial procedure are rare, so the impact may be disproportionate.

No one on the Colorado Supreme Court believed that sanctions of some kind were not justified in the case, but the Court stuggled with how to balance deciding the case on the merits whenever possible with the desire to give trial judges enough authority to encourage lawyers and their employers not to behave badly.

While the case was won by the side receiving the harsh sanction, one has to question whether the win was worth the fallout involved in being identified as someone who behaved badly in pre-trial litigation in a publicly reported Colorado Supreme Court decision, which amounts to the moral equivalent of a public reprimand, to that lawyer, who will still probably end up paying the monetary sanction that was upheld, will still probably get stiffed on the client's bill in the case, and may still experience retaliation from judges and opposing counsel who might otherwise not have been aware of the incident in future cases.

Also, while the trial judge's sanction relating to the merits of the underlying case was not upheld on appeal, that same trial judge will preside at trial if the case goes to trial, and going to trial before an unhappy judge who has wide discretion on many matters is rarely a desirable propect for a client or that client's lawyer.

In the same shoes (and I am not in the same shoes), I would probably have simply agreed to indemnify the client for any losses suffered in this relatively a low stakes case by an unfavorable ruling on the merits as a discovery sanction. Indeed, the basic premise behind to adversary system in civil litigation, which makes less sense in criminal litigation where malpractice settlements rarely make a defendant whole, is that money paid in a malpractice suit, or under the threat of a malpractice suit, from an attorney who is probably not judgment proof, allows a client to be made whole, even when the client is punished by a judge for a mistake or misconduct that is really the client's lawyer's fault.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 06:07 AM

Death Penalty Statistics Search

There is lots of good data on the number of executions carried out under color of law in every country in the world for almost every year, with a handful of cases like China, where the data is merely estimated.

There is far less easily available good data on the average time elapsed historically and in different countries between the offense, the conviction and the execution. Yet, this data shouldn't be terribly hard to secure for a good percentage of cases, and has the virtue that even a reasonably small survey sample has the potential to be a quite good estimate of the complete number in any given judicial system at any given time, because of the way a judicial branch bureaucracy works.

The data would seem to be a quite useful part of an index designed to measure the extent of due process in different criminal justice systems, or as part of an index designed to describe death penalties that are on the books in an empirical continuum basis, as opposed to an all or nothing basis. Countries with no formal death penalty, but high rates of in prison deaths of inmates, might be viewed a having de facto death penalties. Systems with low death penalty imposition rates, high rights of post-conviction death penalty vacations, and long post-conviction appeals processes might be viewed as de facto abolitionist. Each criminal justice system could be ranked on an apples to apples basis if the index was properly designed, with fewer countries ending up in a completely abolitionist stance. "Zero", would be the situation where life expectency in prison at every age, was equal to life expectency outside of prison, and there was no formal death penalty. A negative score might be assigned where life expectency in prison exceeded life expectency outside prison (a possibility in places like the United States where health care, shelter and food are legally guaranteed to those in prison but not universally available to those outside of prison who are under age sixty-five).

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 06:04 AM

Geek Press

Wikipedia vs. NY Times controversy regarding suppressing information on escaped reporter.

I'm fine with keeping a temporary lid on newsworthy-but-sensitive information like this in order to protect human life. But I hope that if the New York Times wants other news sources to suppress a story in order to protect one of their reporters, then they'd be equally eager to suppress a newsworthy story in order to save the life of a non-NYT hostage in similar circumstances.

If not, then perhaps reporters should think twice before working for them...

by Paul Hsieh (noreply@blogger.com) at July 01, 2009 06:02 AM

Wash Park Prophet

Defense Procurement Still Abysmal

* The F/A-18F was designed to be deployed as a carrier based multi-purpose jet fighter. It is being used instead to bomb suspected insurgents in Afghanistan. This probably isn't optimal, but makes bureaucratic sense. The Marines use F/A-18s before they are part of the Department of Navy which commissioned the design (most procurement happens at the service or department level within the Department of Defense). But, the nation needs ground troops to supplement an active duty Army that is too small to fight simultaneous wars in Iraq and Afghanistan, so it has used Marines who can also function as ground troops to Afghanistan to conduct counterinsurgency operations, and of course, the Marines used the equipment and systems that they have and have trained to use.

So far, so good. But, F-18s are not designed to spend the long time periods overhead often necessary for close air support (CAS) in counterinsurgency battles, so other aircraft had to fill in when the F-18s started to run out of gas in a recent battle in Afghanistan. What was called in? A B-1B bomber, which was invented for jobs like dropping nuclear bombs on the Soviet Union before stealth techology was invented.

B-1B bombers (which belong to the Air Force) are far less suited for close air support during counterinsurgency battles than F-18s. This is a job where one wants to fly slow and close to the ground so one can be sure one is hitting the right target before letting bombs go, and where smaller ordinance is usually better as it destroys only what you intend to destroy. Five to eleven dozen civilians, depending upon who you are talking to, were killed as the B-1B bomber blew up a mosque, a shrine, and other improved vilage real estate in the village of Farah in Afghanistan during a long battle with insurgents there, using very large for the purpose (500 pound and 2000 pound) -- which conceivably could have been served with guided artillery shells and armed drone aircraft, both of which are also present (although scarce) in Afghanistan.

One wonders, indeed, what a B-1B bomber loaded with 2000 pound bombs is doing in Afghanistan at, all as U.S. troops do battle with opponents who are infantry that have few weapons heavier than the equipment usually carried by paratroopers. The Air Force is also the reluctant owner of more than one hundred A-10 aircraft designed for precisely this job, and reportedly, in all of Iraq, there are only a few aircraft of any kind in the air in Iraq at any one time, some of which, if not all of which, are of the non-A-10 variety.

It is one thing to use less than ideal aircraft if the Air Force is maxed out, which it isn't in the combat aircraft department (although its cargo aircraft operation is spread quite thin). It is another thing to do so when you have an embarassment of riches in our aircraft fleet.

* House Appropriations Committee's defense subcommittee chairman John Murtha, who has never met a weapons system that he doesn't like, has lost faith in the Marine's Expeditionary Fighting Vehicle program after discovering 25 years into the R&D program (and several names later) that it is ill equipped to provide any protection to its occupants from IEDs and land mines. The EFV is meant to be something like the Army's Stryker, basically an armored personnel carrier, that serves as its own full speed landing craft. But, making the technology work has been challenging.

* Virginia class nuclear attack submarines cost $2.5 billion each to make, the production line is still open, and the current order from the U.S. government is two per year. Like everything else the Navy buys, it is grossly over budget, despite the fact that the design is well established.

The U.S. currently has 53 nuclear attack submarines. Two per year puts it on track to ultimately have sixty. One per year puts it on track to have thirty.

While attack submarines aren't sitting ducks like many surface warcraft of the U.S. Navy, they also aren't in high demand at a time when few potential opponents of the U.S. military have anything more potent than frigates, small coastal missile boats, and coastal, diesel powered submarines. Nuclear attack submarines were built to counter the then Soviet Navy, and Russia could still be a threat that would justify their existence (and China is trying hard to become such a threat), but a large scale naval conflict with Russia doesn't seem like the most likely scenario for the U.S. military right now and the cost of preparing for this contingency is very high.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 05:15 AM

Congrats To Colorado Pols

Colorado Pols has won a well deserved mention in Denver's 5280 magazine, who's "Top of the Town" lists are somewhat more serious and less ironic of those of free Denver tab, Westword which has "Best of Denver" lists instead.

Both are highly sought after and treasured for years afterward by local merchants.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 04:41 AM

Minnesota Race For U.S. Senate Over

As has been clear for months, Democrat Al Franken has defeated incumbent Norm Coleman (who has finally conceded) in the three way race for U.S. Senate by a little more than 300 votes, after a unanimous Minnesota Supreme Court rejected his election challenge. The decision comes about a week short of eight months after the election, and almost six months after the U.S. Senate convened in 2009. The Senate had the power to resolve the contested election, but refrained from doing so.

Franken will give Democrats a sixty vote filibuster proof majority in the U.S. Senate (although filibuster voters are rarely decided on straight party lines), something that will help President Obama win approval for is judicial nominees and help Democrats win approval for legislative priorities like health care reform (if they choose to exercise their power).

Franken's win appears to be the final piece Democrats needs to move the pro-union Employee Free Choice Act (EFCA) with swift (five to seven days from card submission) unionization elections in lieu of the controversial but not terribly important "card check" provision which would dispese with unionization elections if a majority of employees signed pro-union petitions in advance.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 04:31 AM

Jeff Goldstein

Wash Park Prophet

Sanford Keeps Digging

Governor Sanford, a Republican of course, needs to learn the First Rule of Holes and fast.

by Andrew Oh-Willeke (noreply@blogger.com) at July 01, 2009 03:40 AM

Peter Saint-Andre

What’s Your Yin?

I’ve been meaning to write this post for months, but reality has always intervened in one way or another. Today my e-pal Sunni posted some thoughts on the topic, so I’ve finally been spurred into action.

The basic idea is one aspect of my book-in-progress The Tao of Roark: that a complete philosophy of life requires a healthy balance between reason and emotion. In the language of Chinese philosophy, you need both yang and yin. These are slippery concepts (or clusters of concepts), which I tend to think of as follows…

The yang is that which is more rational, Apollonian, objective, public, well-known, bright, scientific, logical, explicit, lucid, clear, hard, dry, etc. If you want to get Jungian or even Homeric about it, the yang describes that which is related to the sky gods, to high mountains, to Olympus. I see Rand, Aristotle, Confucius, Spinoza, and the great march of Western scientists as yang thinkers (yet also certain artists, such as Bach).

The yin is that which is more emotional, Dionysian, subjective, personal or private, unknown (not necessarily unknowable!), shadowy or dark or dusky or crepuscular, perceptual, implicit or tacit, opaque, soft, wet and watery, earthy, etc. In terms of archetypes, think the gods of land and water, of things that are earthy and oceanic. I see Lao Tzu, Buddha, Epicurus, Emerson, Hugo, Whitman, and most of the great artists of history as yin thinkers.

I freely admit to being a yang sort of person. I mainlined Ayn Rand during my teenage years, I basically majored in Aristotle in college, I listen to Bach all the time, I like science and numbers and hard facts, I work in technology, etc.

Yet the yang is not everything. There are aspects of life that I would describe as irreducibly personal, perceptual, or emotional — the kinds of things that are hard to put into words but that instead must simply be experienced: music, painting, sculpture, dance, architecture, gardening, nature, manual labor, athletics, exercise, physicality, sensuality, breath, yoga, introspection, reflection, contemplation, reverence, awareness, observation, perception, the senses, beauty, adornment, pleasure, relaxation, “just being”, spontaneity, friendship, love.

These phenomena, these manifestations of yin, have their philosophies, too: Taoism, Buddhism, Epicureanism, aestheticism, gnosticism, neoplatonism, organicism, naturalism, yogism, spiritualism, and so on. I have not yet explored all of these philosophies (let alone their associated practices), but I know that some of them provide important insights into the meaning of life. The difficult thing is to find unity in diversity, to achieve a harmony of opposites within oneself, to attain a balance among the forces and qualities represented here. This is not easy; indeed it is one of the supreme challenges of living. Yet one cannot even think of trying to climb that great mountain of wisdom if one clings to the idea that any one system of ideas has all the answers. One must be, not the hedgehog who knows one big thing, but the fox who knows many things (and who has many ways of knowing). And one must be open to experiencing life, to recognizing what one truly values even if it does not comport with some intellectual theory — in short to finding your yin as well as your yang.

Good luck in that quest.

by stpeter at July 01, 2009 03:31 AM

Free Colorado

Clear the Censorship

I am utterly astounded that so many Colorado "conservatives" endorse censorship. Let's get this straight, friends: if you endorse censorship, you are an enemy of liberty. This is just not a negotiable issue.

Amendment 54, a campaign censorship law passed by (bare) majority last year, thankfully has been suspended by a Denver court. This is not a surprise, given the measure violates the First Amendment of the U.S. Constitution and contradicts Article II, Section 10 of the Colorado Constitution, which states:

Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.


This is hardly ambiguous text.

I was therefore surprised to read a