Sunday, December 7, 2008

The Auto Bailout: A Christmas Carol Edition

It is the best of times (Obama won!) and it is the worst of times (pretty much everything else). It is the age of wisdom (again, go Obama), it is the age of foolishness (sub-prime mortgages, Iraq, the Big 3 automakers, Sarah Palin, etc.). So now, as we enter our winter of despair - month 12 of the recession and counting! - can we look forward to a spring of hope? Yes, yes we can. We just need some creative solutions, and I have one straight out of Dickens.

Obviously, there are a number of problems facing our nation today. With the economy tanking, families are running short on cash and are consequently racking up huge amounts of debt they can't foreseeably pay off. At the same time, America is losing its competitive edge in the world marketplace - due in no small part to the abysmal state of education and the indolence of the nation's youth. So pathetic is the state of education that schools are now resorting to flat-out bribery to increase grades and test scores: DC Public Schools are now offering cash bonuses for better grades; Baylor University is offering scholarship money for matriculated students to retake the SATs.

Thus, as our middle class falls into ever more dire financial straits and our future workforce falls ever further behind its peers, it becomes clear that we must take action. "But what can we do?" you ask.

Repeal child labor laws.

It's perfect. Now, I'm not suggesting that we pull kids out of school and stick them in factories. Rather, just take the underperformers and troublemakers and put them in the factories. Such a policy has a number of clear advantages.

First, it incentivizes academic performance. I don't want my tax dollars going to some little shit-for-brains that has to get paid to get A's. If kids don't want good grades for the sheer merit of having good grades, well, academia just isn't for them. But if they want to get paid for their work, they should produce something worth getting paid for. Like automobiles. Under my plan, no child will be left behind, but a goodly number of them will be working sheet metal presses in Detroit.

That brings me to the second part of my plan - we'll fix the auto industry. No need for an expensive bailout when we can simply slash production costs. Detroit keeps whingeing about the expense of its labor force - the high hourly wages, the cost of health insurance and pension benefits, whine, whine, whine. "It adds $2000 to the price of every car," they complain, and with that kind of overhead, they can't compete with foreign manufacturers. Simple solution - we'll use child labor to build our cars.

Kids don't need health insurance - they'll be covered under Mummy and Daddy's plan. They don't need a high wage because they're just kids - no families to support. And they don't need pension benefits because once we eliminate occupational safety regulations, they won't live that long.

Furthermore, children have extraordinary manual dexterity, what with all that video game playing. Their little fingers can reach into the smallest of places. But rather than replacing Victorian-era bobbins, they'll be installing 21st Century brake lines. Thus, we can replace all those expensive robots that Detroit uses with 5-7 year-olds. This will further slash overhead - no robot maintenance costs, and, heck, they'll barely need electricity. Give each tot a miner's helmet with a light on it, and you don't even need to light the factory floor. That's thousands of dollars a month in energy savings alone.

Finally, this plan will save the environment. With all these kids going to work, parents don't need giant SUVs to shuttle Madison and Adrian to soccer practice and ballet. Mom and Dad can buy smaller, more fuel-efficient cars with lower emissions. They might even get a family discount if they buy from their kids' company.

I don't think such a modest proposal can fail, can it? Merry Christmas, every one! The end.
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Tuesday, December 2, 2008

Afghans Say the Funniest Things

I love a tasty bit of dark humor. Said Ali A. Jalali, former Afghan interior minister, when asked about Obama's plan for Afghanistan: "Afghanistan is not Iraq. It is the theme park of problems." Delightful! The mental image alone was worth the price of the morning paper in which the quote appeared.

Mr. Jalali's quip replaced my previous favorite quote of the past news cycle, which had come from Rachel Maddow (who shares my hairstyle, I noticed). She described the rising tensions between India and Pakistan as "2 guys who both brought guns to the same knife fight." Good, but not as good as Jalali's.

Still, it doesn't matter if one is discussing an economically devastated nation with a weak government, zero infrastructure, a mere passing acquaintance with modernity, and more terrorists than one can shake a stick at, or if one is discussing the rising tensions between two nuclear-armed nations that hate each other. In either situation, one thing is clear - jokes are welcome.



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Sunday, November 30, 2008

99 Things To Meme

This list of 99 Things to Do has been making the rounds. Thought I'd join in and see just how interesting I am. Those items I've completed are in bold.

1. Started your own blog
2. Slept under the stars
3. Played in a band
4. Visited Hawaii
5. Watched a meteor shower
6. Given more than you can afford to charity
7. Been to Disneyland/world
8. Climbed a mountain
9. Held a praying mantis
10. Sang a solo
11. Bungee jumped
12. Visited Paris
13. Watched a lightning storm at sea
14. Taught yourself an art from scratch
15. Adopted a child
16. Had food poisoning
17. Walked to the top of the Statue of Liberty
18. Grown your own vegetables
19. Seen the Mona Lisa in France
20. Slept on an overnight train
21. Had a pillow fight
22. Hitch hiked
23. Taken a sick day when you’re not ill
24. Built a snow fort
25. Held a lamb
26. Gone skinny dipping
27. Run a Marathon
28. Ridden in a gondola in Venice
29. Seen a total eclipse
30. Watched a sunrise or sunset
31. Hit a home run
32. Been on a cruise
33. Seen Niagara Falls in person
34. Visited the birthplace of your ancestors
35. Seen an Amish community
36. Taught yourself a new language
37. Had enough money to be truly satisfied
38. Seen the Leaning Tower of Pisa in person
39. Gone rock climbing
40. Seen Michelangelo’s David
41. Sung karaoke
42. Seen Old Faithful geyser erupt
43. Bought a stranger a meal at a restaurant
44. Visited Africa
45. Walked on a beach by moonlight
46. Been transported in an ambulance
47. Had your portrait painted
48. Gone deep sea fishing
49. Seen the Sistine Chapel in person
50. Been to the top of the Eiffel Tower in Paris
51. Gone scuba diving or snorkeling
52. Kissed in the rain
53. Played in the mud
54. Gone to a drive-in theater
55. Been in a movie
56. Visited the Great Wall of China
57. Started a business
58. Taken a martial arts class
59. Visited Russia
60. Served at a soup kitchen
61. Sold Girl Scout Cookies
62. Gone whale watching
63. Got flowers for no reason
64. Donated blood, platelets or plasma
65. Gone sky diving
66. Visited a Nazi Concentration Camp
67. Bounced a check
68. Flown in a helicopter
69. Saved a favorite childhood toy
70. Visited the Lincoln Memorial
71. Eaten Caviar
72. Pieced a quilt
73. Stood in Times Square
74. Toured the Everglades
75. Been fired from a job
76. Seen the Changing of the Guards in London
77. Broken a bone
78. Been on a speeding motorcycle
79. Seen the Grand Canyon in person
80. Published a book
81. Visited the Vatican
82. Bought a brand new car
83. Walked in Jerusalem
84. Had your picture in the newspaper
85. Read the entire Bible
86. Visited the White House
87. Killed and prepared an animal for eating
88. Had chickenpox
89. Saved someone’s life
90. Sat on a jury
91. Met someone famous
92. Joined a book club
93. Lost a loved one
94. Had a baby
95. Seen the Alamo in person
96. Swam in the Great Salt Lake
97. Been involved in a law suit
98. Owned a cell phone
99. Been stung by a bee

Hmm, 54 out of 99 isn't bad. It appears that my failure to tour Europe has really hurt my score. Alas, I am not yet The Most Interesting Man in the World. But it's always nice to have goals.
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Friday, November 28, 2008

A Holiday Poem

Well, it's once again that time of year. Here's a little something I wrote a few years ago in law school. For it to make sense, here's a quick primer: freshmen live in dorms on the Boston College law school campus, Joe Liu was my Property professor, and the Asahi case spelled out the rules for obtaining jurisdiction over someone. Don't worry about the law jokes, though, it's mostly about Santa's substance abuse problem.

'Twas the Night Before Finals

Twas the night before finals, and in the library
Law students were stirring and starting to worry.

Their laptops were plugged into outlets with care
In hopes that their outlines soon would be there.

While students in college were snug in their beds
and visions of beer funnels danced in their heads,

I sat with my casebook propped up in my lap,
And stared at the pages of State vs. Shack.

When out in the lot there arose such a clatter,
I sprang from the chair to see what was the matter.

Away to the window I shuffled and slouched,
Expecting to see an old dormit’ry couch

That had fallen and crashed on the new fallen snow,
While freshmen tossed more things to the ground down below.

When what to my wondering eyes should appear,
But a miniature sleigh and eight tiny reindeer.

With a little old driver so lively and true,
I thought for a moment it might be Joe Liu.

My eyes did deceive me I soon came to see,
For the beard on his chin came down near his knee.

My eyes, how they twinkled, my dimples, how deep,
For under the sleigh, I could see my crushed Jeep.

“A lawsuit!” I cried, as I ran out the door
To catch up with Santa and give him what for.

As I got out to see him, he turned with a jerk –
It was clear he’d been drinking ‘fore coming to work.

He nearly fell over, right out of his sleigh,
But I looked right up at him and started to say,

“You fucked up my Jeep, you stupid drunk dick.”
“It wasn’t my fault,” said fat old Saint Nick,

“It was that stripper named Vixen from two stops ago,
She didn’t have cookies, but knew how to --“

“Hey!” I said, “Nobody wants to hear that,
But for the sake of the Mrs. I hope it was wrapped.

Now back to this problem of you on my Jeep.
I’m going to sue you, and it’ll be steep.”

“Sue me?” said the elf. “I’d like you to try.”
“The court in Asahi says your ass is mine,

Unless we can settle right here and right now.”
“I’d like to,” he said, “but I don’t see how.”

“I want a new Jeep with really big tires.”
“Is that all,” he asked, “is there more you require?”

“Darn tootin’,” I said, “I need the exams
For all 1L courses so I can finish this cram.”

“I’ll do you one better,” he said looking sly
“If you won’t go tell about this little toy.”

He held out a bong from floor to his shoulder
That was mounted right there in a candy cane holder.

“I’ll give you the answers,” the old stoner wheezed,
And you’ll ace your exams with A’s and no B’s.”

“Sounds good to me, are they there in your sack?”
I asked the old devil as he reached in his pack.

“They are here in my hand,” and he gave them to me,
And I made lots of copies for the whole class to see.

So if you’re real tired and starting to crack,
And you’d like all the answers, just e-mail me back.


Merry Christmas and Happy Holidays everyone.
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Tuesday, November 25, 2008

Does the Hardware Store Have Beartraps?

A few years back, the DC townhouse in which I reside was burgled over Thanksgiving weekend. My brother and his college roommates lived in the house at the time, and the burglars made a thorough job of their work. They waited until everyone had gone home for the long weekend, and then just popped the back door and walked in. They would have made the Grinch proud with their thoroughness:

They took everything:
iPods and flatscreens, some laptops and phones,
computers, playstations, all the best clothes.
Then they stuffed them in bags,
And then without dally,
Shoved all the bags in a van down the alley.

(musical interlude)

Then they slunk to the icebox.
They took my bro's feast.
They took my bro's Natty,
They ate his roast beast.
They cleaned out the icebox as quick as they might.
Why, those guys even took the last can of Bud Light.

Then they stuffed all food in the van with such glee.
"Now," they all cried, "We will make lots of g's."


That's actually what happened. They took every electronic device, video game, CD, DVD, a whole bunch of clothes, and nearly everything else of value besides the furniture. Then they took the time to cook and eat a steak that was in fridge. And they hauled everything out through the dark, unlit alleyway behind the house.

Now, three years later, I'm living in the same house, and I'm about to take off for Thanksgiving. I would rather not return home to a busted-in window and the discovery that my light-saber and extended-edition Lord of the Rings DVDs are for sale in Southeast DC. How, then, to prevent a break-in on a modest budget that doesn't include an alarm system?

As a new lawyer, I know that you cannot use deadly force to protect mere property. Thus I cannot hide beartraps under all the windows or run electric current through all the doorknobs, "Home Alone" style. [FN 1]. Instead, I may use only passive means to deter would-be criminals. That sucks, because nothing tells would-be burglars "Go Away" like losing a limb in a shiny new beartrap.

So, I am reduced to installing motion lights in the backyard. That way, at least the banditos can work without worrying that they'll trip over something in the dark. Similarly, I have put timers on all the interior lights. I've also made sure that the shades and blinds are drawn, the newspaper and mail are on hold, and I've asked the neighbors to pick up any papers, flyers, or packages that appear on the doorstep. Can't fail right? I mean, the place is practically a fortress, what with all those lights coming on and going off.

And that's why I just updated my renter's insurance. The end.

[FN 1] Interestingly, little Macaulay Culkin's "Saw"-like house of horrors was probably legal because he was actually in the house. One may use deadly force to protect one's own life. Thus, as long as Macaulay was in the house, and reasonably believed that the Wet Bandits threatened his life, all his nefarious little traps were probably permissible. However, had he set his traps and then gone to hide out at a neighbor's, he could have been charged with assault, if not attempted murder. Take that, Chris Columbus and your charming family holiday films.
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Friday, November 21, 2008

Demosthenes, Esq.

I passed the California bar exam. Bring me all the finest meats and cheeses of the land. Read more...

Cultural Divide

There was recently a good piece in the Times about Egypt. In it, Michael Slackman dissects what he perceives to be an Egyptian tendency toward patience in the face of adversity. "The [Egyptian] education system is in crisis, and unemployment, traffic and pollution area all major problems," Slackman writes, also noting that 40% of the Egyptian population lives on $2 a day. Slackman quotes Mr. Ahmed Sayed Baghali, the Egyptian on the street, who bemoaned his government's impotence to improve the country's plight. What does Mr. Baghali do to help himself, you may wonder? He waits patiently for the government to fix things. What does the government, run by Hosni Mubarek for the past 27 years, do about it? Nothing really, but Mr. Mubarek's son and heir apparent, Gamal, "counsels patience." [FN 1]

It is true that patience is a virtue. But when patience leads to stasis and eventually stagnation, it becomes a vice. For example, when I was in Egypt, I noticed that many buildings were incomplete. They were missing windows, or doors, or plumbing. The only complete buildings belonged to the government, or foreign-owned hotels and touristy places. Why? Tax loopholes - Egyptians don't have to pay taxes on incomplete properties, so they leave properties incomplete. The government hasn't closed this loophole. Why? "Maalesh," Slackman writes. "Maalesh" is Arabic for "Oh well" or "Whatever." With its companion sentiment, "Inshallah" or "God willing," these Middle Eastern concepts of "whatever will be will be" are both foreign and infuriating to Westerners. Allow me to explain.

Americans are born problem-solvers. We're not always good at solving problems (see: the Global War on Terror; the economic bailout; Katrina; etc.), but we're sure as heck going to try. For example, imagine the wailing and gnashing of teeth if, after 9/11, government officials collectively shrugged their shoulders and said, "Oh well." No no, we demand action when things go wrong.

This is not the case in many instances in the Middle East. When things go wrong there, the knee-jerk reaction is to wait it out. "Inshallah, things will get better." I don't know what this fatalistic acceptance of fate stems from. In his article, Slackman posits that it arises from a combination of factors. First, he says it arises from "strong religious faith and a conviction that all events are God's will." Second, it is attributable to a cultural recognition of the length of history.

There is much sense in this second factor. History literally began in the Middle East - the Fertile Crescent is in Iraq and the Pyramids still stand in downtown Cairo. These constant reminders of the timeless stretch of human history have molded the mindset of Middle Eastern culture. When one's sense of history is measured in millennia, fleeting day-to-day existence holds less importance. As a result, things like The Crusades are still a fresh wound in the minds of many Arabs.

When this long-term mindset meets the frenetic, A.D.D. Western mind, with its 24-hour news cycle and ignorance of even recent history [FN 2], the culture clash can be astounding.

How about a story to illustrate?

Give industrious Americans a tough job, and we will move mountains to see that it gets done. For example, in Iraq, my unit was put in charge of creating, training, and deploying the local police force and border patrol. Because my commander at the time was the Rock With Lips, who possessed the planning skills of your average pillowcase, that really meant that I was in charge of creating, training, and deploying the local police force.

My police training consisted entirely of watching "Law & Order" re-runs, so I was not really prepared for the job. However, lack of training, knowledge or preparation hadn't stopped Operation Iraqi Freedom up to that point, so I put together my plan. I guesstimated that we'd need 900 police officers to cover the 4 municipalities in our area. I broke that number down into different departments for each municipality, assigning personnel levels based on the size of the town. Then I broke each department down into units and assigned a command structure - chief, officers, support staff, patrolmen, etc. Then I figured we'd have to pay them, so I set up a payscale.

'Well, they'll need equipment too,' I thought. Weapons and ammo, radios, patrol vehicles, body armor, uniforms, file cabinets, desks, headquarters buildings, and record-keeping equipment were just a few things I put on my wish-list. I set up a meeting with the various mayors, and after greasing the proper palms, I got permission to use various buildings as police stations. I submitted my supply request to the chain of command, and a week later stuff started falling into my lap - 1000 Chinese-made AK-47s, crates of ammo, 20 new pickup trucks with machine gun mounts, flak vests, helmets, uniforms, rank insignia, a complete radio system with hand-held radios and building-mounted booster antennas, office supplies, boots in all sizes, sand-bags and concertina wire, and thousands of U.S. dollars in cash to start paying people. Thanks, U.S. taxpayers.

I located a set of abandoned buildings outside town to use as a training area, and I requisitioned more still more supplies to set up a police academy: desks, chairs, easels and paper for visual aids, bull-horns, marksmanship targets, notepads, pens, pencils, police-training manuals, and more. 'We'll have to feed the trainees,' I thought, so I ordered weeks worth of rations. This stuff too fell from the sky, courtesy of all you Joe the Plumbers out there.

I designed a program of study - classes on the rule of law (no corruption in this police department, no sir), checkpoint operations, marksmanship, weapons searches, emergency response operations, arrest and booking procedure, etc. Then I did what the Army calls "train the trainer." I designated those personnel from my unit - namely the best officers and NCOs - that would train the new police officers, and I taught them how to conduct the police training.

'Now we'll need some police officers,' I thought. I met with our squadron's Civil Affairs team and reserved the best translators to help conduct class (as usual, we didn't speak Arabic, and the police officers wouldn't know English). I then had the Civil Affairs team contact known former police officers or Iraqi Army officers in the area. Rationalizing that I couldn't start completely from scratch, and that I'd need someone in the police force who knew what was going on, I'd put people with prior experience in the officer positions. The Civil Affairs people gave me a list of names, many of which were known to us already as informants or at least nominal American allies. We vetted them as best we could (which wasn't very good, but what could we do?), and put them through the first round of training.

'Great, we have our police force's leadership,' I thought. Then the recruiting began. In an area where unemployment ran at something like 75%, it wasn't hard to find 850 people to sign up as police officers. Some 2500 men showed up on the first day. I had anticipated that level of turnout, and therefore had set up an obstacle course as an initial screening process. Anyone that refused to complete the obstacle course (and there were quite a few who did refuse - these individuals claimed they were the son or brother or cousin of so-and-so, and expected to get hired via nepotism) or could not complete the course (lots of them too) were told to leave. That left us with about 1200 semi-able-bodied men. We took down their names, issued them temporary photo IDs, and told them to come back the next day when we would assign them to training schedules.

We spent the night checking the new roster against known names and aliases of insurgents, thereby eliminating a few dozen more applicants. The next day we quietly arrested those individuals on the known insurgent list, and then assigned the rest to training schedules.

Training was a high-profile event. We were one of the first Army units to create a new civilian police force from scratch, and everyone in the chain of command wanted a piece of the action. I never saw so many colonels and generals as I did in those few weeks - every couple of days a helicopter full of VIPs would show up at our base and demand to be taken out to view training. They were roundly impressed, and I was ordered to write up a report on the program. The 82nd Airborne incorporated my report into their standard civilian police-training procedures.

About 9 weeks after I began, I had 4 shiny new police forces. They had everything they needed to take responsibility for their own communities. I felt that I had moved heaven and earth to get it done, and I really thought we had taken a major step in handing control of Iraq back to the Iraqis. 'There, that's how you get things done,' I thought. However, in all my planning, I had made a central error - I had not accounted for "Maalesh" and "Inshallah."

Less than a week into the new forces's operations, things started to fall apart. The new police chiefs were taking bribes from local officials and insurgents alike. "Baksheesh," they called these bribes, but Iraqis don't see it as bribery. Rather, it's more like an employment perk. For example, let's say the police chief ordered gloves for his officers from a local supplier, who charged $1000. The police chief would raise the price to $2000 and submit a request to me for the money. If I gave him the money, he'd keep $500 for himself, give $500 to the supplier (likely his cousin or brother), and the supplier would pay $1000 to the glove manufacturer.

Obviously, this is defrauding the U.S. government, which is one problem. Another is that justice was very much for sale - just as the police inflated cost in their budget requests to me, they'd sell services to the highest bidder. I almost immediately got reports of insurgents buying passage through police checkpoints set up to stop them. The police force also began "finding" stashes of insurgent weapons (they likely just bought the weapons themselves), and brought these weapons to me looking for bounties or rewards. I complemented them on a job well done, and told them to keep up the good work. The officers were more than a little peeved when I told them they don't get bounties for finding weapons caches or capturing insurgents - that's part of their job and what they were being paid to do.

Seeing that no bounties were forthcoming, the police offices basically shut down. Officers deserted and took their uniforms and weapons and radios with them. Checkpoints and patrols ceased. I confronted the chiefs and told them they had to get control of their departments. Uniformly, they responded with, "Inshallah."

"No, not God Willing," I replied, through a translator. "You willing. You have to do this. You have to take charge of your own forces. You have to protect your own citizens." They all nodded and smiled and said, again, "Inshallah." Exasperating doesn't describe the half of it. Maddening is closer.

Of course they did nothing. Insurgent attacks increased. Officers actually took bribes to allow insurgents to emplace IEDs near to police checkpoints - the better for insurgents to blow up U.S. patrols because they knew we'd come by to observe the checkpoints. Collaborating with the enemy should have been the final straw, and I should have disbanded the police force entirely, but I couldn't. Too much money and time had been put into the program, and there were too many high-profile eyes watching. I had become too big to fail.

To make matters worse, the insurgents themselves disbanded the police force. One night, 25 armed and masked men raided the central police station, and told the chief that if he and his officers didn't quit, they'd kill all of them and their families. Rather than take offense at this and fight back - if not out of pride then at least to protect their friends and families from a reign of terror - they all quit. They walked out that night, leaving the station vacant. Iraqis are excellent looters, and by the time we received the report of what happened and got out there, everything was gone - the desks, the chairs, the file cabinets, and, most disturbingly, all the weapons and ammo.

Fuck fuckity fuck fuck fuck. Now what? The Rock With Lips and I went to the police chief's house. "You can't just let this happen!" we told him. "Maalesh," he told me. Oh, I wanted to strangle him on the spot.

The police force fell apart, and never really got off the ground while I was there. At best, we were able to set up a shell of the force we really needed, and they were little more than traffic cops. The American forces in the area fought the insurgency with little to no help. The lack of help was astounding, especially because soon thereafter the insurgents began putting IEDs in the marketplace and blowing up more Iraqis than Americans.

But the locals didn't help us to help them. Why? "Maalesh." "Inshallah, the insurgents will stop the attacks." Patience is a virtue, and a vice. The end.

[FN 1] The Egyptian government is good at one thing: accepting U.S. handouts. We give them about $1.3 billion a year in military aid, and about $815 million a year in humanitarian aid. As of 2004, this totaled about $50 billion dollars in U.S. largesse. Compare that to the $9.2 billion in aid to Katrina victims.

[FN 2] A 2001 study found that American high schoolers are basically ignorant. 1 in 5 students thought that Watergate occurred before 1900 and 2/3 could not place the Civil War in the correct half century. A separate study [cited in the previous link] found that 53% of high school students didn't know the meaning of "holocaust." Another survey found that a quarter of high school students thought Columbus sailed to the New World after 1750. It was in 1492, in case you forgot when Columbus sailed the ocean blue.
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