Re: Friday good and bad

1

Learning another language is great, in theory. In practice, the only thing I've ever used Spanish for that was useful was to say "Vamonos. Es un libro de cocina."


Posted by: Moby Hick | Link to this comment | 04-13-18 6:01 AM
horizontal rule
2

So it's true what they say about Appalachians.


Posted by: Mossy Character | Link to this comment | 04-13-18 6:30 AM
horizontal rule
3

Are term limits/retirement ages for judges part of everbody's platform? If not letters should be written, no? It's far past time. And you don't even need an amendment for the SCOTUS, right?


Posted by: Mossy Character | Link to this comment | 04-13-18 6:35 AM
horizontal rule
4

Like Watergate, but worse.


Posted by: Moby Hick | Link to this comment | 04-13-18 6:36 AM
horizontal rule
5

3 I'm not imagining a whole lot of support for having President Trump replace even more judges than he already gets to through voluntary retirement and death.


Posted by: CharleyCarp | Link to this comment | 04-13-18 7:20 AM
horizontal rule
6

3: That's actually not something I think of as terribly urgent. You don't want a judge who's actually demented, but for someone who's fundamentally mentally intact, I think it's a job you can do fine very very old.


Posted by: LizardBreath | Link to this comment | 04-13-18 7:23 AM
horizontal rule
7

We're holding on to RBG as long as we can!


Posted by: peep | Link to this comment | 04-13-18 7:29 AM
horizontal rule
8

My mental model of an ancient judge is Jack Weinstein in the EDNY, who turned 80-something while I was working on a trial in front of him back in 2005. Looked like a dying turtle, and was still the smartest person in the room.


Posted by: LizardBreath | Link to this comment | 04-13-18 7:32 AM
horizontal rule
9

He hadn't aged a day since I worked on a case in from of him in 1995.


Posted by: CharleyCarp | Link to this comment | 04-13-18 7:37 AM
horizontal rule
10

I don't understand the last sentence of 3.


Posted by: CharleyCarp | Link to this comment | 04-13-18 7:40 AM
horizontal rule
11

I tell this story all the time, but I was incredibly junior, and had written a somewhat complicated statistical argument for a senior partner to deliver, supported by a whole slew of demonstrative charts with highlighting and pullouts. And Chip was not the most attentive when I was explaining the argument to him, and not so good with the math. So in the middle of the argument, he completely dries up -- has no idea at all what to say next or what point he's making. Weinstein, who had been apparently asleep, cracked an eyelid, read my demonstrative chart, figured out where the argument was going, and prompted Chip back on track. Amazing guy.

Maybe not a good judge, in the sense of accepting the limits of what he was appropriately allowed to do, but a brilliant guy.


Posted by: LizardBreath | Link to this comment | 04-13-18 7:42 AM
horizontal rule
12

How does a dying turtle look different from a regular turtle (assuming there's no visible wound)?


Posted by: Moby Hick | Link to this comment | 04-13-18 7:45 AM
horizontal rule
13

Infrequency of visible motion.


Posted by: LizardBreath | Link to this comment | 04-13-18 7:46 AM
horizontal rule
14

Asking for a friend.


Posted by: Moby Hick | Link to this comment | 04-13-18 7:46 AM
horizontal rule
15

There was a really old, retired judge in our town. He got drafted him to be the judge for the high school mock trial contest. I don't remember everything he said, but I do remember his longest comments were extremely negative remarks about a girl who wore pants instead of a dress.


Posted by: Moby Hick | Link to this comment | 04-13-18 7:49 AM
horizontal rule
16

It would be great if that girl grew up to be a killer lawyer practicing in the same courtroom, but I think she's a nurse practitioner in some ridiculous place in Minnesota.


Posted by: Moby Hick | Link to this comment | 04-13-18 7:51 AM
horizontal rule
17

11 last: yeah, we got him reversed on an abstention issue. He wasn't crazy, just wrong.


Posted by: CharleyCarp | Link to this comment | 04-13-18 7:51 AM
horizontal rule
18

Wrong and apparently stationary.


Posted by: Moby Hick | Link to this comment | 04-13-18 8:07 AM
horizontal rule
19

To be fair, the Second Circuit also said I was wrong. But the judge was wronger!


Posted by: CharleyCarp | Link to this comment | 04-13-18 8:27 AM
horizontal rule
20

6 et seq: My (underinformed) thinking is basically that the American constitution is intrinsically conservative because (among other things) the turnover of offices is very staggered (House v Senate v President v judges v sub-federal posts). Terms/retirements will increase the turnover of judges. Depending on the president and Senate of the day you'll get bad judges and good, but the effects won't linger so long.
10: AIUI only an act of Congress is needed to change the composition and terms of the Supreme Court.


Posted by: Mossy Character | Link to this comment | 04-13-18 8:37 AM
horizontal rule
21

I think that makes the judiciary small-c conservative but not necessarily large C conservative -- at this point, the most ancient judges aren't systematically further right than the rest of the judiciary. I don't have a strong feeling about whether more turnover would be an improvement -- I'm not strongly opposed to it, but it doesn't strike me as an obvious good idea.


Posted by: LizardBreath | Link to this comment | 04-13-18 8:51 AM
horizontal rule
22

20.2 -- Terms for the Court, I think you're thinking -- ie, starting in October, ending in June -- not the justices. They have lifetime appointments.

Congress can create and otherwise alter the inferior courts, and have made changes from time to time. There's an evergreen effort, for example, to divide the Ninth Circuit. Congress also plays with jurisdiction: I had some Scanwell cases before Congress eliminated district court jurisdiction over federal procurement disputes, send them to the Court of Federal Claims (which has itself had quite a history). And Congress can change the law to be applied in cases, even if they are pending, as we saw in the Native casino case this year and the Iranian central bank case last year or the year before.


Posted by: CharleyCarp | Link to this comment | 04-13-18 8:59 AM
horizontal rule
23

ISTR FDR threatening to pack the court by expanding it?


Posted by: Mossy Character | Link to this comment | 04-13-18 9:02 AM
horizontal rule
24

And lifetime appointments for all federal judges?


Posted by: Mossy Character | Link to this comment | 04-13-18 9:08 AM
horizontal rule
25

24. Yes. Except for magistrates, bankruptcy judges, court of federal claims judges, and others that are not serving on Article III courts.

23 Right. The number of Supreme Court justices has varied some over the years, and Congress can shrink or expand it. Just as it can add judgeships to districts, add districts, create new appellate circuits, etc. (As a member of the Idaho bar, I go to the annual meeting when it's in Sun Valley every 3 or 4 years. Idaho federal practitioners, and judges, always give me the stink-eye because while they have 70% higher population than we do, we have (right now) 6 federal judges (including senior judges) to their 3 -- and they only got that third one last year, having only had 2 for a very long time. The consent to magistrate issue [which arises at the outset of federal civil cases] played pretty differently there.)


Posted by: CharleyCarp | Link to this comment | 04-13-18 9:34 AM
horizontal rule
26

If Idaho only holds annual events every 3 or 4 years I frankly don't blame Congress for neglecting them.


Posted by: Mossy Character | Link to this comment | 04-13-18 9:55 AM
horizontal rule
27

Also, thanks Charlie.


Posted by: Mossy Character | Link to this comment | 04-13-18 9:56 AM
horizontal rule
28

The problem with lifetime tenure is strategic retirement. I'm not sure that more turnover per se is good, but giving people a significant level of control over their successors is fundamentally undemocratic.

(For similar reasons, gerrymandering in state legislatures bothers me more than federal-level gerrymandering.)


Posted by: Micah | Link to this comment | 04-13-18 9:59 AM
horizontal rule
29

So, it's come out that Cohen arranged a deal for a top Republican donor to pay $1.6 million to keep the woman he impregnated from going to the press. I wonder how many (fertilized) eggs are in the particular basket that the FBI just pulled out of Cohen's office.

Also, it took John Bolton only a couple of weeks to get Scooter Libby pardoned.


Posted by: Moby Hick | Link to this comment | 04-13-18 12:15 PM
horizontal rule
30

Old rich men don't use condoms, apparently. How much of the Republican Party's decline is from syphilis?


Posted by: Moby Hick | Link to this comment | 04-13-18 12:22 PM
horizontal rule
31

8 He's 96 now and according to his wikipedia page still maintains a full docket.


Posted by: Barry Freed | Link to this comment | 04-13-18 12:25 PM
horizontal rule
32

If your docket is full for more than four hours, consult your physician.


Posted by: Moby Hick | Link to this comment | 04-13-18 12:36 PM
horizontal rule
33

The Scooter Libby pardon is pretty fucking outrageous.


Posted by: Barry Freed | Link to this comment | 04-13-18 1:02 PM
horizontal rule
34

THE SCOOTER LIBBY PARDON SHOWS THE PRESIDENT WILL STAND UP FOR JUSTICE FOR FOLKS LIKE YOU AND ME. WELL, FOLKS LIKE ME, ANYWAY.


Posted by: OPINIONATED MICHAEL COHEN | Link to this comment | 04-13-18 2:50 PM
horizontal rule
35

I just noticed it's Friday the 13th. Which means Scooter Libby is Freddy, I think. Why the fuck does a grown man let people call him Scooter?


Posted by: Moby Hick | Link to this comment | 04-13-18 8:28 PM
horizontal rule
36

Because he's not wry.


Posted by: Mossy Character | Link to this comment | 04-13-18 9:32 PM
horizontal rule
37

Congress makes SCOTUS one member, then changes it back to 9. One weird trick to overturn lifetime appointments!


Posted by: SP | Link to this comment | 04-14-18 4:17 AM
horizontal rule
38

Summer camps are so expensive where we are that we've determined it's cheaper to buy tickets to Spain, rent a place for a month, and send kids to camp there. We're considering setting up a service for people who want their kids to have native immersion. We're going as soon as school ends in June if you want to join us.


Posted by: SP | Link to this comment | 04-14-18 4:23 AM
horizontal rule
39

That seems like a good idea, except we've already paid deposits on camps.


Posted by: Moby Hick | Link to this comment | 04-14-18 4:53 AM
horizontal rule
40

Would it be gloating to say that there's a (grant-subsidized) day camp here which is $32/week? Unfortunately it's not available until you're going into 2nd grade, though.


Posted by: heebie | Link to this comment | 04-14-18 6:23 AM
horizontal rule
41

(Which Pokey and Hawaii are. Just saying it's hard for other families.)


Posted by: heebie | Link to this comment | 04-14-18 6:25 AM
horizontal rule
42

I'm already past the 19th grade.


Posted by: Moby Hick | Link to this comment | 04-14-18 6:34 AM
horizontal rule
43

Yes. $510/week here for day camp. Sleepaway we found a cheap one that's only $750/week.


Posted by: SP | Link to this comment | 04-14-18 7:22 AM
horizontal rule
44

I've never considered sleepaway camp, but day camps are about half that here, no grant subsidy.


Posted by: Moby Hick | Link to this comment | 04-14-18 7:34 AM
horizontal rule
45

But $500/week is absurd. Over the course of a month, that's like twice a mortgage payment.


Posted by: Moby Hick | Link to this comment | 04-14-18 7:40 AM
horizontal rule
46

And I bet you don't even get to keep the cabin.


Posted by: Mossy Character | Link to this comment | 04-14-18 7:54 AM
horizontal rule
47

Also, wtf is it with summer camp? Does any other country in the world do stuff like that? Hitler Youth? Young Pioneers? And even that was actually useful, someone had to get the harvest in.


Posted by: Mossy Character | Link to this comment | 04-14-18 7:56 AM
horizontal rule
48

If you check the box "Please excuse my child from any totalitarianism", they just go to the pool for that hour.


Posted by: Moby Hick | Link to this comment | 04-14-18 7:57 AM
horizontal rule
49

47 It's a rite of passage. Also introduction to some American staples like bug juice. I hated it. On the other hand I loved the tween/teen travel camp the YM/YWHA ran. It was like one week local and one week away on field trips. With lots of teenage sex.


Posted by: Barry Freed | Link to this comment | 04-14-18 9:10 AM
horizontal rule
50

Another point in favor of day camps is that I've never heard of a slasher movie set in one. So they're probably safer than sleepaways.


Posted by: AcademicLurker | Link to this comment | 04-14-18 9:38 AM
horizontal rule
51

One summer as a kid, I spent a week at a Catholic summer sleepaway camp. It wasn't particularly religious that I recall, but it did have a giant rope swing into a lake, which was fucking awesome.


Posted by: Stanley | Link to this comment | 04-14-18 9:42 AM
horizontal rule
52

Stanley!


Posted by: teofilo | Link to this comment | 04-14-18 11:56 AM
horizontal rule
53

Maybe if we had more lake swings we could keep him around.
How's the new job, teo?


Posted by: Mossy Character | Link to this comment | 04-14-18 11:58 AM
horizontal rule
54

I'm at work right now, so.


Posted by: teofilo | Link to this comment | 04-14-18 12:02 PM
horizontal rule
55

That could mean anything.


Posted by: Mossy Character | Link to this comment | 04-14-18 12:03 PM
horizontal rule
56

It's good overall. This is just a crazy time in the session.


Posted by: teofilo | Link to this comment | 04-14-18 12:04 PM
horizontal rule
57

You're talking like an operator already.


Posted by: Mossy Character | Link to this comment | 04-14-18 12:06 PM
horizontal rule
58

55 to 57.


Posted by: teofilo | Link to this comment | 04-14-18 12:06 PM
horizontal rule
59

Seriously, though, I'm enjoying it a lot. I only have a few days left, but this sets me up well for a lot of opportunities in the future.


Posted by: teofilo | Link to this comment | 04-14-18 12:09 PM
horizontal rule
60

I picture teo strolling the Brutal halls of power talking knowingly of sessions, committees, minutes and memoranda.


Posted by: Mossy Character | Link to this comment | 04-14-18 12:09 PM
horizontal rule
61

I picture myself, reviewing my punctuation before I post. Then reality comes crashing back.


Posted by: Mossy Character | Link to this comment | 04-14-18 12:10 PM
horizontal rule
62

60 is about right, but my halls are the Deco ones.


Posted by: teofilo | Link to this comment | 04-14-18 12:12 PM
horizontal rule
63

Even better.


Posted by: Mossy Character | Link to this comment | 04-14-18 12:12 PM
horizontal rule
64

You can watch the current floor session here if for some reason you're so inclined. They can be entertaining sometimes.


Posted by: teofilo | Link to this comment | 04-14-18 12:42 PM
horizontal rule
65

Girl Scout sleepaway camp was the best. We cooked over fires, did silly crafts, went for hikes, went swimming, sang songs, hunted snipes, tried to guess our counselors' real names. Important life skills, every one of them.


Posted by: Sir Kraab | Link to this comment | 04-14-18 2:58 PM
horizontal rule
66

Were your counselors mage-born?


Posted by: Moby Hick | Link to this comment | 04-14-18 3:00 PM
horizontal rule
67

31: My optometrist is *old*. He started life as a physicist but the Department of Defense was going to transfer him somewhere his wife didn't want to move, so he retrained as an optometrist in the late 70's.

I thought he was in his 70's and he seemed fine, but the last time I saw him his hands seemed a little off (I was a little nervous when he checked the pressure), he was typing his prescription (he had always written them by hand) and struggling with the keyboard, and I could see that his secretary was keeping him on track.

I looked on the wall and saw his undergraduate diploma from Cornell. It said he had graduated in 1953. Which would make him 85 or 86!

I have Tim's vision insurance because you got a cash benefit, but next year I'm going to sign up for mine .. narrow network but it includes a legit opthalmology group affiliated with my employer.

I'd also be nervous about the 81 year-old brain surgeon who is still operating.


Posted by: Bostoniangirl | Link to this comment | 04-14-18 6:03 PM
horizontal rule
68

his undergraduate diploma from Cornell

Safety school.


Posted by: Moby Hick | Link to this comment | 04-14-18 7:07 PM
horizontal rule
69

65: I have a request out to ours to find out if Nia will be too old (12 in June) for the sessions for ages 9-11 and if Selah will be too young (6 in August) for the 6-14 camp that would let them all attend together and give me bilssful solitude. Next year, anyway, they can't stop me!


Posted by: Thorn | Link to this comment | 04-14-18 7:20 PM
horizontal rule
70

68: People used to chant that at hockey games.

His Ph.D in Physics was from Hopkins.


Posted by: Bostoniangirl | Link to this comment | 04-14-18 7:24 PM
horizontal rule
71

Safety sport.


Posted by: Eggplant | Link to this comment | 04-14-18 7:33 PM
horizontal rule
72

It's funnier when I say that because I went to a school where maybe 5% of the class could have gotten into Cornell.


Posted by: Moby Hick | Link to this comment | 04-14-18 7:41 PM
horizontal rule
73

My Dad was Cornell '53. Those guys knew how to party.


Posted by: Spike | Link to this comment | 04-14-18 9:05 PM
horizontal rule
74

||

NMM to Art Bell.

|>


Posted by: Kreskin | Link to this comment | 04-14-18 9:22 PM
horizontal rule
75

||

Even the credibility of paintings of foreigners was questionable, for they might not faithfully capture the visitors' facial expressions. As Sheng Ximing, a Yuan dynasty author, once explained, a figure of a foreigner would be considered a quality work only when it captured his expression of "admiration of and obedience to China."
|>


Posted by: Mossy Character | Link to this comment | 04-15-18 12:56 AM
horizontal rule
76

||

NMM to Miloš Forman.

|>


Posted by: Barry Freed | Link to this comment | 04-15-18 1:00 AM
horizontal rule