Musings about the important things in life - law, politics, music, racing, soccer, etc. - an "eclectic blend of miscellany"
Wednesday, June 28, 2006
Who Is Devon McTavish?
UDPATE: MLSNet is now scoring the first DC goal as an own goal by KC's Jimmy Conrad. Oh well. Still looks like Devon had a good game - the goals will come!
Album of the Day
Why Americans Don't Like Soccer
- Lack of scoring: I don't think, at the core, that this is about the small number of goals scored. Aside from basketball, most American sports don't have a lot of scoring, either (football scores are inflated by the points assigned to TDs). But I think people are turned off by how few legitimate chances a team can have during a game, even if they're playing really well. The offside rule comes up for ridicule a lot, and I do think that the implementation of it should be liberalized (no offside unless the offensive player is completely behind the last man - anything else is play on), but that's not really the problem, either. The fact is, striking a round ball with your foot with enough pace and accuracy to dodge several other players and find the back of the net is hard. Headers even more so. That's what makes it so great when a goal is scored. Too many of them and that joy is lost.
- Game turns on luck/officiating too much: This is a semi-valid complaint. I've seen lots of games (and played in a few) where one team clearly outplayed the other but couldn't get a result. Sometimes the ref makes bad calls, but other times it's just that the "better" team can't score a goal and seal the deal. It's much more likely in American sports for the better playing team to win, even in upset situations. The idea that a team can play badly and get a lucky call to setup a PK or free kick irks a lot of people.
- Draws: Deep down, I think this is the biggest problem the average American sports fan has with soccer. No major American sport (except pro football during non-playoff games) lets games end in draws. Furthermore, the epic overtimes that the sports sometimes generate are part of the allure. A baseball game that goes 20 innings is rare, but it is undeniably dramatic. Same with a triple-OT hockey game or a sudden-death NFL game. The fact that soccer seems to not only tolerate but lend itself to draws turns some people off. On a related note, I think a lot of times managers play for the draw rather than the win, leading to uninspired soccer.
- It's a game of endurance: American sports share two common traits - short bursts of action and very liberal substitution rules. Not only does soccer have a constant flow of activity over two 45-minute periods, it limits substitutions to 3, without any concession to injury. As a result, some games turn into tests of attrition, as the Italy-Australia game did the other day. Americans are used to seeing players give 100% when the ball is in play, whereas sometimes soccer games slow down to a pace where it appears that nothing is happening. Notably, the only American sport with a sub rule similar to soccer (once you're subbed, you're done for the game) is baseball, where subs are almost always motivated by tactical concerns, not fitness. For what it's worth, I think Americans are cool to endurance sports car racing for the same reason. The end of a 24-hour race with everyone just trying to make the finish is not exactly the razor-thin battle to the finish that an IRL race is.
- Lack of statistics: If anything else explains American apathy towards soccer, this is it. There is, at bottom, one meaningful stat in soccer - goals scored (and, on a team level, goals allowed). American sports have stats for every player in every position doing every conceivable thing. You can look at a baseball box score and almost recreate the game out by out. Soccer, by contrast, requires attention to the game itself to figure out what happened. That Totti scored a PK goal in the 93rd minute against Australia does not tell you much about the game, except who won.
Finally, I'm not trying to covert anyone ("have you accepted David Beckham as your personal sports saviour?"). Sport, like art, is subjective. Some people just like some things and don't like other things. And that's cool.
* I've never understood the "soccer is a commie sport" barbs. Pro sports in the US are highly socialized/collectivized. Teams are required to share revenue, the worst teams get the first choice of new talent, and the owners maintain a monopoly on their sport being played at the highest level in their particular backyard. European soccer, by contrast, is Ayn Rand's wet dream. The best teams stay the best, money talks (ask Chelsea!), and the underperforming teams are sent to the lower division at the end of every season (and the top teams from that division promoted). London has the number of clubs it does in England's top flight because they've all played their way there, not because the FA decided how many London teams should be in the league.
Album of Yesterday
Monday, June 26, 2006
Album of the Day
Your World Champions . . . Uruguay?
As the web site shows, the UFWC evolved from the first international match between Scotland and England played in 1872. It then changed hands anytime the the holders were beaten (friendlies included). As a result, such powers as Zimbabwe, Ireland, Romania, and Israel since 2000. It now rests with Uruguay, the initial winners of the World Cup (Uruguay failed to qualify for this World Cup, losing a two-leg playoff to Australia).
Man of Steel, Indeed
The Dura-II is designed to allow impotent men to position the penis upward for sex, then lower it.But Lennon could not position his penis downward. He said he could no longer hug people, ride a bike, swim or wear bathing trunks because of the pain and embarrassment. He has become a recluse and is uncomfortable being around his grandchildren, his lawyer said.
The result of all this was a lawsuit that garnered a $400,000 award.
This is Not HIs Blog (But it Really Is)
Thursday, June 22, 2006
Bruce, Could You Step Into My Office for a Minute?
First of all, I want to thank you for all you've done on behalf of US Soccer. You've given the program a stability over the past several years that many federations. And, in conjunction with Major League Soccer, you've deepened the player pool for the men's national team in a way that we only dreamed of 20 years ago. Plus, how can I forget that the United States has supplanted Mexico as the big dog in CONCACAF? We all thank you for that.
Having said that, this game, at the national team level, is all about the World Cup. Let's be honest - we got lucky in 2002. Nobody took us seriously, nobody knew Donovan or Beasley or O'Brien, and we shocked the hell out of Portugal. Add a tough draw with South Korea and some favorable mathematics after the Poland abomination and we made it out of the group. In another stoke of luck, we drew Mexico in the round of 16 - an opponent we outplay anytime we meet up outside of the Azteca. Being bounced out by Germany on a bad no-call by the ref stung, sure, but it would have been unseemly to complain at the time.
But this year, Bruce, the results are just not meeting expectations. I've been looking over the paperwork - 1 goal scored (by us, I mean - don't count the own goal against Italy) in three games. Hell, the number of shots we had on target I can count on my fingers. And when we needed offense most, you didn't make any changes to get us any. A 4-5-1 against Ghana? When we needed to win and, hopefully, score a bunch? Where was Eddie Johnson? Remember him - the guy who blew through qualifying?
In short, Bruce, I'm just not sure you have what it takes to hack it at this level. Our tactics, preparation, and results were poor, to say the least.
Let me tell you a story. My alma mater, West Virginia University, had a football coach there for a long time named Don Nehlen. Nehlen took a nearly dead program and built it up into a big time football school. He managed two undefeated regular seasons and some stunning upsets. But, in the end, he could never really push the team to the next level. His record in bowl games was awful. The undefeated seasons? Both ended in lopsided bowl game losses. In the end, Nehlen stepped aside to let someone new take over the program and push it to the next level. And it's worked.
That's what we need now, Bruce. You've built a strong foundation, but it's time to hand over the reigns to the next guy and let him build upon that. I hope you understand.
In other words - don't let the door hit you on the ass on the way out.
Wednesday, June 21, 2006
Album of the Day
There's No Privacy on the Net
5. dont tell your mom, your work, your friends, the people you want to date, or the people you want to work for about your blog. if they find out and you'd rather they didnt read it, ask them nicely to grant you your privacy.First, from a practical standpoint, if I didn't tell friends and family about my blog nobody would ever read it! And my girlfriend's reaction to my blog when she first explored it convinced me that I was onto a good thing (with her, not necessarily the blog!).
Second, however, is the big one - it's nonsensical to ask people to "grant you your privacy" when you blog for the whole world. There's just no way you can keep people from reading it, unless you put up some kind of password protection, which kind of defeats the point of blogging. If you're saying things that you don't think those you know in the "real" world would approve of, than be completely anonymous. But don't expect that someday, somehow, somebody won't stumble onto your secret identity, Clark.
Another Episode of "Don't Write Books About Your Crimes"
Unfortunately for Kane (and my colleague who represented him), the Government uncovered several books he'd written that tended to undermine those letters. Some of the excerpts presented by the Government included instructions on how to commit real estate scams similar to those for which he was convicted. But the juiciest was a book entitled Mastering the Art of Male Supremacy: Training Techniques for the Home Front, in which Kane set forth his theory on how to "train" a wife. No serious violence was espoused, tho' Kane did suggest that "a rolled up newspaper on the rump once in a while . . ." might be appropriate.
Not surprisingly, the court didn't completely buy the "fair and honest man" argument, and gave Kane a 24-month sentence. The Second Circuit affirmed, holding that the sentencing court didn't violate Kane's First Amendment rights by holding his words against him.
Giving New Meaning to "Do the Robot"
'Security, safety and sex are the big concerns,' said Henrik Christensen, a member of the Euron ethics group.Whoa, say what now?
Other dilemmas may arrive sooner than we think, says Christensen. 'People are going to be having sex with robots within five years,' he said. So should limits be set on the appearance, for example, of such robotic sex toys?I know that sci-fi has taught us that robots/androids will end up looking like Jude Law or Jeri Ryan, but am the only one who thinks they'll end up more like Sy Borg or Bender?
Album of Yesterday (in so many ways)
Monday, June 19, 2006
Album of the Day
Is the Fourth Amendment a Great Twit?
here's Oliver now, he's at the back. I think he's having a little trouble with his old brain injury, he's going to have a go, no, no, bad luck, he's up, he doesn't know when he's beaten, this boy, he doesn't know when he's winning either. He doesn't have any sort of sensory apparatus known to man.Oliver is eventually eliminated from competition by running himself over ("what a great twit!").
We Americans tend to like that kind of never say die attitude, so I hope that there's a little bit of Oliver in the Fourth Amendment, 'cause if it has any sensory apparatus whatsoever it knows that there is very little left to keep on fighting. The Supreme Court's given it two body blows in the past week, as the Court closes out its term for the year.
First, the Court handed down a decision last week in which it held that evidence seized following an illegal entry of a home, because the police failed to obey the Fourth Amendment's requirement to knock and announce their presence, could not be suppressed in a criminal prosecution. The Court decided that certain non-criminal procedures (civil lawsuits and "more professional" police forces) would adequately deter police from violating the rule. That, of course, flies in the face of traditional Fourth Amendment law and, troublingly, may signal a willingness of the Court to retreat further from the exclusionary rule in other illegal search cases. I tend to agree with the dissenters, who argue that the knock and announce rule is now a dead letter in American law without the threat of suppression to back it up.
Then today the Court handed down a decision in a California case in which it held that police may search a person on parole without any suspicion of wrongdoing whatsoever. In the case, a police officer saw a man walking down the street he knew was on parole and suspected was the target of an outstanding arrest warrant. He stopped the man, who denied he had a warrant out for him and volunteered that he was on good terms with his parole officer. The cop confirmed that information, but nevertheless searched the man, solely because he was on parole. The search uncovered a small amount of methamphetamine, which led to the prosecution. The Court basically concluded that parolees have no reasonable expectation of privacy anywhere while on parole and therefore the Fourth Amendment doesn't apply to them. It leaves an entire population at the tender mercies of the police, who may search them for no reason at all anytime they like. Again, I'm with the dissenters on this one.
The Fourth Amendment has been repeatedly hit and hit hard during the "war on drugs." It may still take similar blows in the name of the "war on terra." Let's hope, like poor hapless Oliver, it's too stupid to realize it's been beaten.
World Cup Thoughts
- I never thought I'd be disappointed with a draw against Italy in a World Cup held on European soil, must less one where we finished the game with 9 men. Still, there's a feeling that but for the red cards and with a late addition of Eddie Johnson to the game, we could have snagged a win and all three points. The Italians, diving all the way, certainly didn't look as good as they did against Ghana on opening day.
- Speaking of cards, I've come to the conclusion that the two red cards handed out to Pablo Mastroeni and Eddie Pope on Saturday were not the travesties of justice they were made out to be by some of us. Pablo's challenge was reckless and could have broken a leg. Yes, similar challenges have not merited straight reds at the tournament, but the ref's decision to issue the red doesn't seem to be (to inject some legaleeze) clearly erroneous. As for Pope and his second yellow - a bad move from a guy who got beat bad for the Italian goal (keep your friggin' hands down and play to the whistle, OK!!). This theory that Marcelo Balboa is floating that the ref didn't do his job because he didn't warn a player with one yellow already that he might be ejected it just nuts. Eddie's a long-time professional and should have known better. And 'Celo - time wasting is not "smart" play - it's a blight on the game and should be punished harshly.
- At least the US v. Italy match didn't have a large throng of pantless fans in attendance. Apparently, a thousand or so Dutch fans showed up for their match with the Ivory Coast on Friday in traditional orange garb, but with a Dutch beer company's logo prominently displayed on the pants. In order to protect the "official beer of the World Cup" status of Busweiser, FIFA officials forced the fans to leave their pants at the door!
- Yesterday's New York Times had a column by Michael Agovino about how some countries are permanently scarred and defined by World Cup failures. As a soccer fan, there are lots of times I wish the game was more popular in the US, but I hope we never get so into it that a loss in a soccer match is ranked alongside wars, natural disasters, and the Bush administration as blights on our history.
Wednesday, June 14, 2006
In Praise of PDs
Finally, public defenders create - and support - a community where criminal defense is seen as virtuous and worthy of effort. Outside of the office, criminal defense lawyers are always subject to informal community sanctions. Ask any public defender, and she'll tell you how frequently she's asked "how do you defend those scum?" (Quite literally, a criminal defender cannot expect to attend a party and NOT hear this question. It follows, like night from day, the question: what do you do for a living?) In public, and even in court, DA's wear the white hats. Not only is the work unpopular, but it's also very difficult on a personal level. An indigent defense attorney must find ways to communicate, and build trust, with socially unattractive folks. Criminal defendants have often done very bad things. (Yes, even public defenders recognize this.) They're often very poor. They're sometimes homeless. They also aren't necessarily respectful of their attorneys. How do you do a good job for such a different, and perhaps unfriendly, person? It's hard, but the public defender community helps. Everyone supports each other, helping reinforce a commitment to the broad agenda (providing good service to a marginal population) and the narrow one (fulfilling the lawyer's duty to provide zealous representation to her individual client.) There's a lot of dark humor in the halls of the PD, but you'll never find more espirit de corps.This is very true. In a world where lots of people think lowly of lawyers in general, criminal defense lawyers are the worst of the lot. I think, sometimes, that the high-paid big-name defense attorneys are more reviled, but I'm not sure. It's one thing to sell you're soul to make piles of money, but we PDs must be demented if we do it no the cheap, right?
Thankfully, I have friends and family who support what I do and see the value in it (or at least don't give me too much grief for it). Nonetheless, I'm glad I get to go to work every day in an office committed to indigent defense and work with colleagues (attorneys and support staff) who are making this kind of law their life's work.
Tuesday, June 13, 2006
Album of the Day - Special Edition
- Spectral Mornings (1979) and Defector (1980), by Steve Hackett complete my collection of his first four newly remastered albums. Although Spectral Mornings is generally rated higher, I think I like Defector better, if only because most of the choice Spectral cuts show up in better live versions, so the Defector stuff is "newer" to my ears.
- Recollection Harvest (2005), by Djam Karet (which, I found out, it Balinese for "elastic time") is actually two albums on one disc. Recollection Harvest is more melodic and heavier, while Indian Summer shows the bands more atmospheric side. I'm thinking that the tracks may work as well or better interspersed with one another, rather than segregated into their separate camps.
- The Sentinel (1984), by Pallas is one of the classic early neo-prog releases. It's a concept album having something to do with Atlantis, but I haven't really jumped into the lyrics, yet. The music is pretty good, tho' - a little heavier than similar era Marillion or IQ.
- XII (1986), by Twelfth Night is also known as "The Virgin Album," as it was the band's one major-label release. This was another of the early neo-prog bands, but I hear very little proggy stuff going on here, after a first listen, anyway.
- Live (2006), by Univers Zero was purely an impulse purchase (hell, they all were!) of the first (I think) live recording by the Belgian chamber prog outfit. Only barely made it to this one today, so not a whole lot to say at this point.
Dashed Hopes in Germany
Sunday, June 11, 2006
Low Phat Beats, Served Hot and Fresh
So, that's what I've done. Extending the Infinity Ranch name to the musical realm, I've setup a page over at ACIDPlanet to pimp my tunes. So head on over there for the first three tunes I've put together since my musical renaissance.
For what it's worth, here's a picture of my current "studio:"
There's my Gateway laptop connected to an E-Mu X-Board 49 MIDI controller. And, yes, that's the bar area of my kitchen (the dishes are clean, Mom). This is lo-fi, people, I'm telling you. :)
World Cup Thoughts
- There's good news and bad news for the US from the virtual World Cup that transpired on my Xbox. The good news - we beat the Czech Republic (2-0), Italy (2-0), and Ghana (4-0) to win the group. The bad news - we got knocked out in the round of 16 by . . . Australia! A late Harry Kewell header was the difference - we couldn't find the back of the net with a map. To be fair, the Aussies did end up second to Italy overall. This was all done on EA Sport's 2006 FIFA World Cup, which, to be polite, absolutely sucks ass compared to Winning Eleven.
- Although my fellow autocrosser Davis wouldn't agree, the 0-0 draw between Sweden and Trinidad & Tobago was a great game. The underdog Soca Warriors, playing a man down and with the backup goalkeeper, consistently fought off the more talented Swedes. This was proof that a scoreless draw can be exciting!
- England looked awful. I know that an ugly win is better than a pretty loss or draw, but it was not a convincing performance from a team that is supposedly one of the favorites. One thing is for sure - if they persist on grabbing one goal and sitting on that for the rest of the game it will bite them on the ass.
- Oh, why did Dave O'Brien have to go on and on about Iranian politics during their match with Iran? For all his blather he missed the great irony of the match: we had Iran, whose president could potentially be prosecuted in Germany for Holocaust denial, playing Mexico, whose team is rife with dissention because two of its players aren't "pure" Mexicans (their Argentinian natives), playing in Nuremburg, cite of so many Nazi rallies/prosecutions.
- Thank you, Tommy Smyth! Apparently, I'm not the only one who thinks that Cristiano Ronaldo's fancy footwork frequently doesn't yield any tangible results.
Thursday, June 08, 2006
Album of Yesterday
Tuesday, June 06, 2006
Album of the Day
The killer lives inside me; yes, I can feel him move.To paraphrase Walt Kelly - we have seen the Beast and the Beast is us.
Sometimes he's lightly sleeping in the quiet of his room;
but then his eyes will rise and stare through mine,
he'll speak my words and slice my mind inside.
Yes, the killer lives.
The angels live inside me, I can feel them smile;
their presence strokes and soothes the tempest in my mind
and their love can heal the wounds that I have wrought.
They watch me as I go to fall;
well, I know I shall be caught
while the angels live.
* * *
And I, too, live inside me and very often don't know who I am;
I know I'm not a hero;well, I hope that I'm not damned.
I'm just a man, and killers, angels, all are these,
dictators, saviours, refugees in war and peace
as long as Man lives...
I'm just a man, and killers, angels, all are these:
dictators, saviours, refugees.
There's Always Money Behind the Bullshit
The Abstinence Sucker.
They make an abstinence sucker.Not a lollipop. A sucker.
Alas, the sucker is cherry-flavored.
I thought for a long time about a suitable response to this. A long, long time.
So many ideas filled my head that my brain shut down and I fainted from overload.
Indeed, one wonders if those on the right have any sense of irony at all (maybe 9/11 really did kill it for them). Also, if it's so important to keep folks from any form of sex outside of marriage, shouldn't they give these things away?
Monday, June 05, 2006
Album of the Day
Paging Iron Maiden . . .
For more fun with The Mark of the Beast, visit this site.
He Writes the Songs That Make the Young Punks Run
Officials in one Sydney district have decided to pipe the American crooner's music over loudspeakers in an attempt to rid streets and car parks of hooligans whose anti-social cars and loud music annoy residents and drive customers from businesses.
Following a successful experiment where Bing Crosby music was used to drive teenage loiterers out of an Australian shopping center several years ago, Rockdale councilors believe Manilow is so uncool it might just work.
Friday, June 02, 2006
Album of the Day
Is It Stealing When We Hire a Biased Referee?
Whether the election was "stolen" or not, it's clear that the outcome was effected by Ohio Secretary of State Kenneth Blackwell's decisions before, during, and after the election. Blackwell, in addition to being the chief vote overseer for the Buckeye State was also co-chairman of Dubya's re-election committee in Ohio. The article lays out several decisions Blackwell made, either by interpreting existing laws and regulations or by enacting new ones, that disenfranchised voters in largely Democratic areas. As sleazy as that is, should we be surprised?
The Secretary of State's office in Ohio, as in many states (West Virginia included), is an elected position, complete with partisan elections. It is also not a final destination for any ambitious pol - it's merely a stepping stone to higher office. Remember Katherine Harris, Florida's Secretary of State during the 2000 election, who also led Dubya's campaign in that state? She rode her role in 2000 to a seat in the House. Blackwell, not coincidentally, is now running for Governor in Ohio.
Given all that, why should be be surprised that a partisan elected official would use the power of his office to sway an election in favor of his party? Wouldn't it really be more surprising if he'd done it differently?
Allow me, for a second, a soccer analogy. Let's say I'm the referee in next month's World Cup final between Brazil and Germany and I want Germany to win it all. I would not be so bold as to be blatant enough to kick a ball into Brazil's net and count the goal for Germany. Instead, I'd favor the Germans in situations where a call (or no call) was close. Gerald Asamoah would get more benefit of the doubt in offside decisions than Ronaldo would, for example. And any German who went down in the box would get a PK, whereas the Brazilians would need a police report to get one. At the end of the day, there's a pattern that shows bias, but close examination of each call would make it hard to say it was wrong enough to simply be the product of bias.
That is what, it appears to me, happened with Blackwell in Ohio. Every chance he had to skew things towards Dubya and away from Kerry he took. There certainly is a pattern there. But each individual decision is at least arguably correct, and therefore it's hard to say that they were all the product of bias.
What's my point? That's what we get when partisans oversee our elections. Why on Earth should we let a man who is running a candidate's campaign be the final arbiter of whether that candidate won the election? When, prior to the Champion's League final between English club Arsenal and Spanish champs FC Barcelona, one of the Norwegian linesmen/referee's assistants was photographed wearing a Barcelona jersey there was no debate - he was replaced immediately. Even the hint of bias was enough to require a new official. Shouldn't something as important as our elections be entitled to the same protection?
I suppose a better headline for this post would be "If It's Stealing When We Hire a Biased Referee, Do We Have Anybody to Blame but Ourselves?"
Thursday, June 01, 2006
Album of the Day
Dumb Crook Tip #512: Don't Write a Book About Your Crime
That's right. As the Sixth Circuit sets out in upholding Kahari's conviction, his book is titled The Birth of a Criminal, and explains the scam in one chapter. The Government wanted to introduce parts of the book at Kahari's trial, but the district court shot down that idea. Then Kahari's counsel laid out their defense theory during opening statements - that Kahari was not the scammer, but the scammed. At that point, the Government sought to introduce the book again, given the defense theory of the case. Sure enough, the district court concluded that the defense has opened the door and let the book into evidence.
I'm not sure which is worse - writing a book about your crime before you're convicted of it, or trotting out a "I was the victim" defense after you know about said book.