Sunday, July 15, 2007

Prince sticks it to the Music Labels in UK

Kudos to Prince, or the artist formerly known as Prince, or whatever name the Minneapolis native is now using for sticking it to the record industry and distributors in the UK. He is releasing his latest album via a newspaper insert in the Mail on Sunday instead of using the standard distribution through record stores.

Needless to say the record industry is up in arms about this stunt, and that they are going to not allow the album Planet Earth in it stores because of this. I bet you in a few weeks, months at the latest you will find this album in Virgin and other UK stores. After all there are dollars (or pounds) to be made once this controversy dies down.

This just another example of the recording industry as a whole is still completely out of touch with the consumer in 2007. Right now the industry seems to be stuck with a business model from the 1960's and is unwilling or unable to update its business model to allow alternate distribution models that better meet the consumer needs.

On a somewhat related note, I recently joined Pandora (though I much prefer Yahoo Launch, since I have been using it for years and therefore have years of preferences already saved, either way check out my play lists) and I got an email on July 12 from them regarding the fees Internet radio stations need to pay in order to continue playing the music was going to increase astronomically (again, labels out of touch with the current market place).

Disaster looms! Yesterday a federal court denied a plea to delay the massive increase in rates webcasters must pay the record labels. This means that, absent immediate Congressional action, the new ruinous royalty rates will be going into effect on Monday threatening the future of all internet radio.

This is a very dire situation and I'm writing to ask one more time for your support. The effort you've made over the past four months has been extraordinary and has forced the rapid introduction of the bill, but the committee process has been sluggish and we need to once again remind the representatives of the urgency of this issue.

The good news after seeing MG Siegler's post on ParisLemon and Save net Radio, it looks like the disaster has been averted. I think Siegler says it best, why ultimately played out the way it did:

So Internet Radio is saved - for now at least. Why the sudden change of heart? Well it likely had to do with both the huge public backlash against this decision since it was announced, but also the fact that almost all Internet radio companies were simply going to close up shop rather than even attempt to pay the ridiculous feeds to keep operating - so SoundExchange wouldn't likely have been seeing very much money anyway.

Good for Pandora for just saying we will go out of business before we play by your crazy, outdated and ridiculous rules. It is going to take a lot more effort from Prince and Pandora before the Record industry gets it act together and realizes it has to change the way it does business

Saturday, July 14, 2007

Impeach Now - NO ONE IS ABOVE THE LAW!!!

I found this over at My View Of It, and although I doubt impeachment will ever happen, especially since there is no political capital to be gained by going down this path, I am still in favor of Congress showing the POTUS that we have laws in this country for a reason, and that no person is above the laws of the land created by the people, for the people

As they say in civics class, America is a country of laws, not of men. It's time for Congress to stand up and use those laws to rid our country of the men who are systematically dismantling our constitution and ignoring the checks and balances that have always protected our democracy.

Bush and Cheney think their administration is above the law. That's un-American, and this July 4th it's time for Congress to re-assert its constitutional authority and stop the administration's obstruction of justice.

Congress can start by demanding answers from the Bush administration about the Iraq war and their illegal spying program, and not backing down until they get them. Cheney won't testify? Subpoena him. He won't come? Hold him in contempt of Congress and send over the police. And if that doesn't work, impeach the guy.

We just can't let President Bush and his administration continue to wipe their feet on our Constitution.Let's celebrate Independence Day by reaffirming the basic, founding idea of our government: No one, not even the president of the United States, is above the law.

Sign this petition to urge Congress to act NOW!If enough of us make enough noise, and for long enough, and from all corners of our country, then perhaps this Congress will stiffen it's spine and move to remedy the poison that has seeped into our land for far too long now.

After you've signed the petition and pestered your own Congress critter, join me by copying this post to your own blog, and adding your blog to the list below.

Let's take this message of unity and support to every corner of America, and show just how many of us are ready to take back America!

Instructions:
  1. Copy and paste this message as a new post on your own blog.
  2. Replace one of the “Impeach NOW” tags in the matrix below with your anchor text (Blog name) of choice with your blog’s URL (Don't hesitate to e-mail me if you have questions about this!). Please keep anchor text to a max of 3 words to keep the matrix size manageable.
  3. Encourage and invite your readers to do the same and soon this can grow virally.
  4. The above steps will not only add your voice to the chorus for impeachment, but will also increase your Technorati stats as an added bonus.
We, the undersigned bloggers of America, agreeing that dissent is the truest form of patriotism, hereby publicly voice our unanimous discontent with the Bush administration and beseech the Congress of the United States of America to provide redress by immediately initiating impeachment proceedings against George W. Bush and Richard Cheney.

Left in Aboite Fort Wayne Left Left of Centrist Monticello America Weeps Get Your Own Der Parson's Rant The Katrinacrat Let's Talk About It Carol for Peace Divided States bu$hmeriKa Dizzy Dayz Anti-bush pro-usa States-a-Mind Life’s Journey A Poetic Justice The Peace Tree Poets For Peace The Anti-War Theatre APJ Photomontage LeftwingNutJob The Sirens Chronicles Sumo Merriment People in the Sun Moondanzerdelivers My View of "It" MyView of the World
ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW ImpeachNOW

Limit of Executive Priviledge?

This is a comment I left over at Brave Humans, which I thought was repeating.

If advisers are giving advise that is either illegal or questionably unethical, and there is no ramifications (checks and balances) for the advise they are giving, who or what is able to stop them from doling out this advise? Any person needs to be able to be accountable for the advise or recommendations they provide, especially if some one, in the case the POTUS acts upon that advise.

I know this is a very extreme example but it is the first I could think of. This privilege which Bush is provoking is like Hitler saying that none of his adviser (Goering, Goebels, Himmlers and their minions) were not accountable for the policies they implemented.

A government and the members of the bureaucracy needs to be responsible to the people who have put them in charge to be able to justify the actions. Here in the US, we have 3 branches of government to execute these checks and it is the right one (Congress) to check the other (Executive) and allowing one to flaunt its authority to the other is just bad policy.

And finally, if the Bush administration really didn't do anything wrong, as they have claimed from the beginning, what is the problem with having the aides testify?

Arod drives me crazy

First of all, I have removed the ARod in the clutch tracker on the upper right hand corner of the blog, because I think almost all of us can agree that he has been outstanding this year, and is not the reason the Yankees are 10 or so games behind the Red Sox coming out of the All-Star break. Arod has blasted 31 home runs and driven in almost 90 runs as of last night.

He has been hitting the cover year, in what essentially is a contract year as he has the ability to opt out of his 10 year $252 Million dollar contract he signed in 2001 with Texas Rangers. His agent, Scott Boras, very intelligently negotiated an opt-out option after 7 years, which is the same clause that allowed J.D. Drew to stiff the Dodgers last year to walk away for more money with the Red Sox this year.

Second, for anyone who has read my stuff knows that I have a long-standing dislike of Alex Rodriguez and by association Boras. Don't get me wrong, I love the fact that maybe the best player of our generation is now playing the hot corner for the Bombers, but he is all about the money, always has been and always will be. Do not believe for one minute that he values winning more than the almighty dollar. Not that there is anything wrong with that, but I just wish he would admit it once and for all.

Also, I am very concerned that if he does leave that we have no potential 3b in the pipeline and there is no decent ones coming available as free agents in the off-season. If I had my way, regardless of money (it is not my money after all, and I don't have to pay the luxury tax) I would rather have Alex Rodriguez on the Yankees, than not having him here.

I also understand that ARod can't win no matter what he does or says with the Yankee fan base, or with the overall baseball community. For months he has said (what else could he do) that he loves playing in New York, and he wants to finish his career in pinstripes. Though in his other statements that he won't talk about his option to opt-out in order to negotiate a presumably new 8 year, $300 million contract with another team waiting in the wings (Cubs, Angels, Red Sox, Dodger). So what is the purpose of this post?

Because in spite of his talk about wanting to stay a Yankee for the rest of his career and his reluctance to discuss his end of the year option, the Yankees have breached the subject of negotiating with ARod during the season to prevent him from testing the free agent waters and Mr. Rodriguez and Mr. Boras have taken a hard line approach saying they won't negotiate during the season.

For better or worse the Yankee policy has also been no in-season contract negotiations, but they made an exception for the best player in the game. One of the reasons the Yankees want to open negotiations now, before he opt-out is that Texas is still paying a significant portion of the current contract and are on the line for $16-20 million over the next 3 years. If the Yankees can renegotiate before that contract is voided, they can still hold the Rangers accountable for that money. However if he becomes a free agent, then if they Yankees get into the bidding then they will be on the hook for the whole amount and with the luxury tax, it is actually close to $1.50 on the $1.00, so affording him in November is much more expensive. The other down side to this ploy is that the Yankees now have to open mid-season negotiations with Jorge Posada and Mariano Rivera, two crucial members of the Yankee Dynasty who I think the fan has much more allegiance too than ARod.

What irritates me is that Arod and Boras could have begun the negotiation at least for PR purposes with the Yankees to at least show that he means what he says. Do I seriously think a deal will be reached before he declares himself a free agent in November? Not on your life, but again for a guy who's image means everything, he is continually shooting himself in the foot. Either he should shut up and just play ball, ala Mr. Steroid Barry Bonds or he should put his money where his mouth is and start negotiating. Just because you are negotiating does not mean you have to come to an agreement. Perhaps the Yankees are willing to offer him enough money and enough years to justify keeping Arod off of the market in the fall. If you don't negotiate we will never know.

Friday, July 13, 2007

Chris Shays Newsletter - July 3, 2007

Dear Friend:

While this newsletter is a bit long, I want to be sure to fully update you on work in Congress affecting residents of the Fourth District. In this newsletter, we share information about:

FEMA Awarding Emergency Aid for April Nor’easter
Rising Gas Prices Underscoring Greater Need for Fuel Efficiency
Opposing FAA Airspace Redesign over Connecticut
Increased Funding for the National Institutes of Health (NIH)
Proposing a National Public Service Academy
Solutions to the Middle East Crisis Discussed at the World Economic Forum
The New Plan under General Petraeus Taking Shape in Iraq
Allowing Iraqi Refugees into the U.S.
Highlighting Progress in Connecticut Schools with Education Secretary Spellings
First Lady Laura Bush’s “Big Read” in Bridgeport
This Year’s Winners of the Congressional Arts Competition
Thanking Our Spring Interns for Their Work on Behalf of the District

I hope you find this information useful and will not hesitate to contact our office if there is anything we can do to be helpful to you and your neighbors.

Sincerely,

Christopher Shays
Member of Congress

FEMA Awarding Emergency Aid for April Nor’easter

On June 13, the Federal Emergency Management Agency (FEMA) announced it will award federal assistance to individual residents and families affected by the April Nor’easter, which left many Connecticut homes and businesses flooded and without power. FEMA reversed its earlier decision of May 15, due in part to the leadership of the governor and the work of our congressional delegation.

On May 29, Regional FEMA Director Arthur Cleaves toured areas of the Fourth District adversely affected by the storm to evaluate the level of damage suffered by residents. Click here to read my letter to FEMA Director David Paulison.

Disaster recovery centers have been set up to assist residents in filing a claim. Fourth Congressional District residents seeking information on how to start the claims process for federal assistance should follow this link for FEMA guidelines.

Rising Gas Prices Underscoring Greater Need for Fuel Efficiency

Shays Reintroduces Sweeping Energy Reform Bill

The recent spike in gas prices underscores the urgency for a new energy policy. I believe we are long overdue for a responsible national energy policy to help reduce dependence on oil -- particularly foreign oil -- and promote innovative sources of renewable energy.

Last month I joined Congressman Maurice Hinchey (D-NY) to reintroduce the Energy for Our Future Act (H.R. 1945), a comprehensive bipartisan energy reform bill that seeks to decrease U.S. dependence on foreign oil, protect the environment, build a market for renewable energy, and promote greater energy conservation. This bill is supported by the Sierra Club, League of Conservation Voters, Natural Resources Defense Council, Union of Concerned Scientists, U.S. Public Interest Research Group (PIRG), Connecticut Public Interest Research Group (ConnPIRG), Environmental Action, Connecticut Fund for the Environment, Republicans for Environmental Protection and the Audubon Society.

Opposing FAA Airspace Redesign over Connecticut


In response to the Federal Aviation Administration’s (FAA) proposal to redesign the New York/New Jersey/Philadelphia airspace, I submitted official comments to FAA Administrator Marion C. Blakey urging the FAA to reassess the plan’s implementation.

I have been an outspoken critic of the integrated airspace proposal, because it fails to account for the quality of life impact on communities below the proposed routes. The FAA’s proposal to mitigate noise has made no attempt to explore alternative routes over less populated areas, nor has it set recommended restrictions on minimum altitude. According to the FAA report the plan will re-route more air traffic over southwestern Connecticut, increasing the air noise levels in some parts of the Fourth District.

A public meeting on the proposed redesign and the mitigation strategy took place April 24, 2007 in Stamford, CT at which experts from the FAA explained airspace redesign, the proposed traffic changes, and their impact on the region. I am hopeful the FAA will find an alternative solution to the air traffic issue without adversely affecting the residents of the Fourth District.

Increased Funding for the National Institutes of Health (NIH)

I strongly support funding research at the National Institutes of Health (NIH), which conduct research on illnesses and conditions that touch the lives of nearly every resident of Connecticut.

For this reason, I co-authored a letter with five other representatives signed by 180 other Members of Congress to Representatives David Obey and Jim Walsh, the Chairman and Ranking Member, respectively, of the Appropriations Subcommittee on Labor, Health and Human Services and Education, supporting a 6.7 percent increase – or $1.9 billion – for NIH research. If Congress provides this level of support for three years, we will keep pace with medical inflation and fund critical research to help in our fight against disease.

The NIH is our country’s premier institution for medical research. It embodies our greatest hope for treating or curing heart disease, cancer, diabetes and so many other illnesses that American families battle every day, and is our best hope for containing the health care costs for the Baby Boom Generation.

Proposing a National Public Service Academy

Congressman Jim Moran (D-VA) and I re-introduced H.R. 1671, the U.S. Public Service Academy Act, to instill in our young people a desire to enter the field of public service. The bill would create the first national civilian institution of higher education in the United States providing a competitive, federally subsidized, public service-driven undergraduate education to students from across the United States and around the world. In return for a four-year liberal arts education, students would be required to serve our country for five years in the public sector after graduation.

Funded through a public-private partnership, the Public Service Academy would serve to strengthen and protect the United States by creating a corps of well-trained, highly-qualified civilian leaders willing to devote themselves to leadership through patriotic public service.

The idea of establishing a National Public Service Academy has received the endorsement of Catholic Charities USA, the Service Employees International Union (SEIU), and the National Urban League, along with the National Peace Corps Association and AmeriCorps Alums.

To learn more about the proposal to establish a National Service Academy, please click here.

Solutions to the Middle East Crisis Discussed at the World Economic Forum

In conjunction with my most recent trip to Iraq, I participated in the World Economic Forum in Jordan with my colleagues Brian Baird (D-WA) and Carolyn Maloney (D-NY). Our goal was to encourage world business and political leaders to work to strengthen social and political diversity, and address current conflicts in the Middle East.

The World Economic Forum is critical to finding peace in the Middle East, and helping develop and strengthen the region’s economy. The opportunity to join key political leaders in working toward greater stability is one step toward improving our diplomatic relations and standing in the area.

Following our visit to the World Economic Forum, Congressman Baird and I introduced legislation commending the Middle East Investment Initiative and its contributors for supporting Palestinian businesses and taking steps to increase economic development and small business opportunities in the Middle East. The bill would provide a loan guarantee program to increase access to financing, technical assistance, and market information for Palestinian entrepreneurs. The Middle East Investment Initiative has also instituted anti-terrorism procedures to ensure beneficiaries are not connected with terror groups or acts of terror.

The New Plan under General Petraeus Taking Shape in Iraq

This April and May I made my most recent trips to Iraq. Each trip has provided me the opportunity to receive on-the-ground assessments of our progress, without the filter of media reports. After these trips, I reported back to my colleagues in Congress that the new plan under General Petraeus is showing signs of improvement, but we must allow him and the Iraqi people the time to succeed.

During consideration of H.R. 2206, the U.S. Troop Readiness, Veterans' Care, Katrina Recovery and Iraq Accountability Appropriations Act (the emergency war spending bill), I voted twice against including a deadline for withdrawal of U.S. combat troops from Iraq because the timelines set in the bill were arbitrary and unrealistic, and did not give the Iraqis enough time to stand on their own. The final bill sets 18 benchmarks for the Iraqi government, and requires President Bush to report on progress made toward meeting those benchmarks. It also allows the president to withhold construction funds if Iraq does not meet these goals.

While I am very concerned about the continued violence in Iraq, I saw some areas of improvement during my April and May trips. Click here to view the observations and recommendations I made after my last trip.

Allowing Iraqi Refugees into the U.S.

Our humanitarian responsibility to the Middle East is as great as our political, economic and military obligations. The refugee crisis created by the sectarian violence and insurgency has placed enormous burdens on neighboring countries such as Jordan, Syria and Egypt, adding to regional instability. Furthermore, some Iraqis displaced by violence left due to threats made against them and their families over work they performed for American agencies or contractors.

The United States will soon begin admitting 7,000 refugees who have fled Iraq by September 2007. While this is undoubtedly a good first step, we need to do more. H.R. 2265, the Responsibility to Iraqi Refugees Act of 2007, which I co-sponsored, will improve upon the Administration’s plan by providing special immigrant status to those refugees determined by our embassy in Baghdad to have assisted U.S. reconstruction efforts in the country.

Highlighting Progress in Connecticut Schools with Education Secretary Spellings

On May 29, U.S. Secretary of Education Margaret Spellings visited the district to highlight achievements made in Connecticut schools under No Child Left Behind, for which I voted.

She also discussed proposals to reauthorize the law this year. Secretary Spellings began her visit at the Total Learning Center in Bridgeport. The center emphasizes helping students build an early, solid reading and math foundation to ensure they are on grade level by the end of the third grade.

Two roundtable discussions followed at the University of Connecticut, Stamford Campus. First, business leaders from The Business Council of Fairfield County and higher education officials discussed the critical need to upgrade our public education system to maintain global economic competitiveness. A second roundtable with educators and school administrators from Connecticut’s Fourth Congressional District discussed improving No Child Left Behind for our students.

I know there have been some challenges to No Child Left Behind, and would like to improve upon the law by including more flexible testing standards for special education students; better testing standards for English language learners; and allowing schools/districts/states that consistently make adequate yearly progress to test every other year.

I believe No Child Left Behind should be funded at its authorized levels, and I am grateful that overall funding for education has increased since the policy went into effect in 2002. It is my hope that the federal government will continue that trend when we debate reauthorizing No Child Left Behind during this Congress.

First Lady Laura Bush’s “Big Read” in Bridgeport

On April 16, the City of Bridgeport continued its Big Read commemoration of Harper Lee’s classic novel To Kill a Mockingbird with an appearance by First Lady Laura Bush, Honorary Chair of the Big Read. The Big Read is an initiative of the National Endowment for the Arts (NEA), designed to bring together partners from across the country to encourage reading for pleasure and enlightenment.

The Big Read is designed to immerse participants in all aspects of classic novels. It has reached out to diverse audiences, including seniors, middle and high-school youths, adults of all ages, men and women, and people from all socio-economic backgrounds to encourage literacy and enjoyment of great literary works.

My staff worked closely with the cities of Bridgeport, Norwalk, Shelton and Stamford to submit a collaborative and innovative proposal implementing a regional Big Read in southwestern Connecticut -- one of 72 awards nationwide. The NEA awarded $40,000, the largest possible award, to the region.

The Big Read stresses the importance of great literature in our nation’s history, places an emphasis on reading and literacy, and brings communities, cities, neighborhoods and families together to celebrate the gift of books.

Information on events can be found on each city’s website or the NEA’s website.

This Year’s Winners of the Congressional Arts Competition

The winner of this year’s “Congressional Arts Competition: an Artistic Discovery” is Kylie Collins, from Staples High School in Westport, CT. Kylie’s work entitled “Purple Man” will hang for one year beside works from other congressional districts in the passageway between the House office buildings and the United States Capitol.

As the Co-Chair of the Congressional Arts Caucus, I had the opportunity to attend the awards presentation, which took place at the Westport Arts Center on April 28, 2007. Kylie received round-trip transportation for one to Washington, DC, for the opening reception on Thursday, June 28, 2007.

"An Artistic Discovery" began in 1982 as an attempt to offset reductions in federal grants for arts programs by giving creative students the chance to have their talents recognized nationwide. Since then, more than 650,000 students have participated in the competition. The work of thousands of young American artists has been showcased in the Capitol complex.


Competition Results:

The Winner: “Purple Man” by Kylie Collins - Staples High School
Runners up: “Power" by Sarah Moss - Staples High School
“Another Dirty Window” photography by Anita Buyke - Stamford High School
Honorable Mentions: “Lauren Hill” oil on canvas by Laura Milford – Kolbe Cathedral High School
“Fantasy” linoleum print by Satoshi Sakaguchi - Fairfield Ludlowe High School

Thanking Our Spring Semester Interns for Their Work on Behalf of the District

Every semester, my office benefits from the assistance of students with an interest in American government who serve as interns in Connecticut and Washington, DC. These students are indispensable in assisting us with a number of duties necessary to maintain the level of constituent services the Fourth District has come to expect. Their responsibilities include a wide variety of office tasks, and they are constantly challenged to adapt quickly and take on fast paced and demanding work. This semester’s group is no exception, and deserves our thanks.

Wednesday, July 11, 2007

Does the Supreme Court have Balls?

I found this over at Time.com and it got me thinking (always a bad thing), does the Supreme Court have the balls to actually stand up, exert their Constitutional right to one third of their power and challenge the growing dictatorship that is the Executive Branch?

Say this for the Roberts court: it knows how to pull off a surprise ending. The day after limiting hopes for school integration and mere hours from its summer recess, the U.S. Supreme Court agreed to review two cases involving detainees at Guantánamo Bay, Cuba--cases it had rejected three months earlier....

The court, as usual, said little, and a rarefied few know its motives. But recent news may hold clues to its change of heart. On June 21, Democratic Representative Henry Waxman revealed that Vice President Dick Cheney has been insisting he is a member of the Legislative Branch and so is exempt from routine review of how the Executive Branch handles secrets. A week later, the White House said Executive privilege excuses it from coughing up papers or testimony to Congress about fired U.S. Attorneys.

This further evidence of the Administration's chronic opacity might alert anyone, including Supreme Court Justices, to take a closer look at what goes on behind the walls of Guantánamo. But it's a third event that may have tipped the Justices' decision. On June 26 the CIA released the "family jewels," a compendium of love nests bugged, lock pickers hired and assassinations botched four decades ago. Though surely not the agency's hope, the public reaction seemed along the lines of, Wow, the stuff they did during the cold war was pretty mild compared with today's tactics. Squirreling away a KGB defector for tough questioning may have chilled spines in 1964, but it draws yawns in the era of renditions to secret prisons abroad...

Whatever its reasons for agreeing to hear the Guantánamo Bay cases, the court has shown independence in deciding how much legal cover to give the Bush Administration in fighting the war on terrorism. A popular notion holds that adding Chief Justice John Roberts and Justice Samuel Alito to rock-ribbed Justices Antonin Scalia and Clarence Thomas and often conservative Justice Anthony Kennedy made this the court that President George W. Bush always wanted. Yet Scalia broke with the President in Hamdi by arguing that American citizens have the right to trial in U.S. courts. Kennedy, in Hamdi and other cases, has opposed the Administration's strident claims to power in a time of war. Even Roberts and Alito have shown a careful and measured approach to issues, often taking the conservative side but resisting fundamental revisions to constitutional law.

All the talk of a court moving hell-bent to the right may ultimately prove correct. But when it comes to checking the President's power, the big surprise of this term may be that this is not George Bush's court.

Honestly, this will be interesting to see how this plays out. If our government is operating correctly, they way our founding fathers in visioned it, then the Supreme Court will step up and begin to overrule some of the questionable practices of King George II administration with regards to Civil Liberties, suspending Habeas Corpus, and torturing enemy combatants. These principles are not the ones I learned in Civics class or what helped us become the greatest country in the world.

The cynic in me says that in the end the Supreme Court will cave to the Executive Branch, just as the Legislative Branch has already seemed to have collapsed and become ineffective. I am hope I am wrong. As always time will tell.

Manhattan Solstice

Very nice tribute to NYC, with a trip down 5th Ave

Friday, July 06, 2007

Flight of the Conchords' Rock

So I was able to catch Flight of the Conchords the other day on HBO. It is absolutely hysterical.


It is about these two New Zealand Kiwi's who have moved to NYC and are trying to promote their band. Their manager works for the NZ consulate and seems incapable of finding them a paying gig. All the manager seems capable of doing is calling a meeting of the three of them, and taking attendance at the meetings.


The Conchords use musical vignettes throughout the episodes to help tell the story in a very Tenacious D meets the Kids in the Hall meets Monty Python kind of way. The musical style is completely across the board with some folk, rap, hip-hop and rock. It is the kind of show that my wife would call absolutely stupid, since the humor is not your standard straight forward television comedy. The story meanders and the way it is shot is completely offbeat way, which I really enjoy. Many people will not get the necessarily get it from the get go, but it can certainly grow on you, at least I enjoy it.

The reality is whenever I like a show (Arrested Development and Andy Barker, PI) it almost always winds up in the trash can, so if you have HBO give it a try, you might enjoy it.

Thursday, July 05, 2007

Here is an email exchange between me and a friend regarding this story. Let me know what you think,

Wash. to set medical marijuana limits - Yahoo! News

From Friend:
Here's another blog-worthy story for you. It's not enough, apparently, that a doctor prescribe the dope, the State is going to dictate to the doctor/patient how much is too much regardless of the doctor's medical opinion, the patient's individual condition and tolerances, etc. Maybe there are some other medications that the government could also regulate like this? Next time your child needs antibiotics for an ear infection (or worse, a double ear infection) maybe the government will let the doctor know how much Amoxicillin is too much.

------------------------------------------------------------------------------------------------

First off, Thank you for sending this my way,

Second, I believe you have a blog and are very capable of pointing this out yourself to your loyal readers (Note to reader, his blog appears on my blogroll, but has not been updated since March)

Third, I think the government is in a very procarious situation with regards to how much pot is the right amount. If I had to wager a guess, I am sure the FDA or some other regulartory body already has suggested doses for Amoxicillin and every other prescription drug avaialbe in the US, since the government needs to hedge against a frivolous lawsuit by a wronged consumer, who was over or under prescribed dosage.

Fourth, if you want an issue, I am in agreement with Michael Moore, while promoting his new movie "Sicko" who said how a patient is treated should be between the doctor and the patient, not between the doctor, patient and insurance company.

New Terrorist Sect - Al-gebra

A public school teacher was arrested today at John F. Kennedy International Airport as he attempted to board a flight while in possession of a ruler, a protractor, a set square, a slide rule and a calculator.


At a morning press conference, Attorney General Alberto Gonzales said he believes the man is a member of the notorious Al-gebra movement.


He did not identify the man, who has been charged by the FBI with carrying weapons of math instruction.


"Al-gebra is a problem for us," Gonzales said. "They desire solutions by means and extremes, and sometimes go off on tangents in search of absolute values. They use secret code names like 'x' and 'y' and referto themselves as 'unknowns', but we have determined they belong to a common denominator of the axis of medie val with coordinates in every country.


As the Greek philanderer Isosceles used to say, "There are 3 sides to every triangle."


When asked to comment on the arrest, President Bush said, "If God had wanted us to have better weapons of math instruction, he would have given us more fingers and toes."


White House aides told reporters they could not recall a more intelligent or profound statement by the president.

Wednesday, July 04, 2007

Happy 4th of July - 2007

Here for your reading pleasure in the utmost simplicity is the 10th amendment to the constitution of the United States

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.
Enjoy your holiday, and lets take a moment to think about what freedom, what it means, how we can keep our liberties and remain free

Tuesday, July 03, 2007

Maybe it is not the steroids

My buddy Dave sent me this link and I think maybe we have had it all wrong over the past 20 years. It is not the steroids or other chemical influences, but rather a piece of lumber that is responsible for the home run craze. What do you think?

As Barry Bonds comes ever closer to breaking the National Pastime's hallowed home run record, currently held by Hank Aaron at 755, the controversy regarding illicit performance-enhancing drug use, which may forever taint Bond's entire career, does accomplish taking the focus off of MLB and its own shortcomings.

The scrutiny which has been paid, in only just the past two years, upon drug use among MLB players, while having been a black eye for MLB, is also convenient as Commissioner Bud Selig need not address myriad other issues which also play their part in preserving the integrity of the game.

For example, MLB has done little exploration into the variations in equipment over just the past 10 years or so and more specifically the wooden bat itself. A number of questions come to mind. Is it just coincidence that Barry Bonds hit 73 home runs in 2001 after he switched his bat's wood from that of ash to a hand-lathed maple? Is the accelerated breakage of bats over the past five-plus years due to an acutely thinning bat handle with a larger barrel and lighter weight or is it the non-discriminate MLB approval process of the making and even storage of bats that makes them more vulnerable?

Is it a coincidence that prior to 2003, MLB welcomed smaller bat makers as suppliers to MLB players, but suddenly instituted an exorbitant certification fee with nearly impossible to acquire insurance liability policies for smaller operations, costing thousands upon thousands of dollars? And is it not worth taking a look at why there is such a difference in the quality of bats Hillerich & Bradsby Co., the manufacturer of Louisville Sluggers, provides only specific big leaguers, but does not do so for others? In fact, the company proudly admits it.

Preserving the sanctity of the game is multi-faceted. Although technology and safety standards over time have essentially been a beneficial reward for players, it is hard to measure the consistency of the game of MLB if issues such as bat manufacture and its own baseball operations are done on a selective and arbitrary basis. And when it ultimately impacts the way the game is played and its future records, it should be routinely examined.

Hillerich & Bradsby, although deemed the official bat of MLB, is not the exclusive supplier of bats for its players. However, it is still the number one provider to MLB with about a 60% share of its bats supply and curries favor and power, due to its longevity and stature in the history of the game, not to mention the power which is bestowed upon it by MLB, which few other manufacturers enjoy.

In 2002, there were 48 MLB bat manufacturers, and surprisingly little thought was put into the verification process in order to become a bat maker supplier of MLB bats other than for the supplier to provide a sample bat made out of a single piece of wood. But in 2003, MLB went to the other extreme. In a form letter sent to all bat makers in December 2002, MLB stated it would start requiring that they carry $10 million worth of liability insurance, and indemnify MLB, its shareholders, directors, officers, employees, and agents attached to various product liability issues.

In addition, the certification fee was increased to $10,000.00 per year, necessary to provide bat makers with the privilege of selling their bats to MLB players. Since that time, although the liability coverage has been reduced to $5 million per year, it still
remains prohibitively expensive for boutique manufacturers, or most other domestic suppliers other than Hillerich and Bradsby, to do business with MLB.

MLB also requires that the insurance carrier providing coverage to bat makers must have a "best rating of A-8 or better." Carolina Clubs, a MLB certified bat maker from Florida, was nearly pushed out of doing business with MLB, as to find a guaranteed insurance carrier of any kind in the hurricane-ridden state of Florida in the post-Katrina era is nearly impossible.

However, virtually overnight in 2003, bat suppliers were whittled down to a mere 14 for that season. In 2007, there are supposedly 20-25 suppliers, although MLB makes it difficult to even corroborate such information.

According to the head of MLB Baseball Operations at the time in 2003, Sandy Alderson, "The administrative fee was originally intended to help us defray the costs of inspecting bats, approving bats and for all administrative work and testing." MLB needed $140,000.00 to approve the bats of 14 companies?

In 1862, MLB first restricted the diameter of the barrel, requiring it not exceed 2.5 inches. It was increased in 1895 to 2.75 inches in diameter, as it remains today. 1868 saw the limit put on a length of 42 inches, as it also remains today. No weight requirements, either minimum or maximum have ever been required. With those parameters, combined with improvements in technology and players' bat speeds, it could be argued that it is a far different game than even Babe Ruth played. For example, the Babe used a 42-ounce bat as opposed to the average weight of 32 ounces used by today's MLB players.

Ash bats were exclusively used for decades, after hickory was phased out, until 1997 when Sam Holman of Ottawa, Canada and his Sam Bat caught the attention of then Blue Jays star player, Joe Carter. He then supposedly talked up Holman's bats which eventually in 1999 found their way into the hands of Barry Bonds. Bonds went on a tear hitting 374 of his total home runs with the sugar maple bats from Sam Holman and broke Mark McGwire's 1998 home run season record of 70 by besting him with his 73 in 2001.

Holman's bats have been used by over 500 MLB players and he is expected to furnish Bonds with the bat used for his number 756. Given the proximity of Holman to some of the best maple tree forests in North America in Ottawa, Holman's business has thrived over the past 10 years, although he is selling his business in order to retire. Ash trees also hail from a northern climate, and are harvested primarily from the New York-Pennsylvania area.

The arguments over the consistency and flight of the ball with either wood are never-ending, but there are distinct differences between the two woods. Ash supposedly has more flex, but is not as heavy a wood as maple, producing a bit less flight of the ball upon impact. Additionally, ash bats have less longevity than maple bats and break more frequently and are more apt to shatter, flake, and splinter upon breaking.

Sugar or rock maple, considered the finest maple for bats, are more expensive, and range in price from $70.00-$130.00 while ash bats range between $50.00 and $75.00, yet need to be replaced more frequently than maple. Most players using maple claim that the ball travels farther off of the barrel's "sweet spot" as opposed to ash. But because the wood itself is a heavier grade, the barrels are made slightly narrower than the ash bats in order to accommodate a lighter weight comparable to ash. And when maple bats do eventually break, they do so in large pieces as opposed to splinters.

The lack of restrictions on weight or the lack of prescribed storage care of bats by MLB, could have a profound impact on whether or not a bat breaks or explodes upon impact. Such endangers its players and spectators. Players go through an average of 60-70 bats a season. But the moisture content of the wood upon manufacture as well as in storage, whether the bat is hand-lathed or completely machine made, as well as the bat's weight and handle diameter, could all alter the bat's ultimate performance and longevity. Seattle Mariner, Ichiro Suzuki, for example, has his own humidor for his entire bat supply.

And why should a bat maker, such as Sam Holman, who produces several thousand bats each season to MLB as opposed to Hillerich and Bradsby's 750,000, foot a bill of $65,000.00 per year for liability insurance? The supposed interest in increasing liability insurance fees by MLB for bat makers is an easy way for MLB not to address the incessant breakage of its bats. Perhaps it is the quality of MLB bat inspectors, or a lack of a minimum quality standard of wood or the non-requirement of prescribed weight ratio of bat barrels to handles. But instead of MLB looking for a better standardization process for its bats, it would rather thrust the responsibility onto the bat makers, and thereby still leaving players and spectators at risk.

Also of note, according to Hillerich and Bradsby's Chuck Schupp, head of its professional division, "We have a priority list of players. A lot of it is based on a personal relationship. If someone is loyal to us, we'll take care of them." And although players are not required to sign exclusivity contracts with bat makers, as individual teams assume all costs for players' bats, Schupp says there is a "Louisville Slugger 'A' list." It includes Alex Rodriguez, Derek Jeter, Jason Giambi, Carlos Delgado, and Ken Griffey, Jr., among select others.

If star players are treated preferably by Schupp for their Louisville Slugger bats, does that mean that average or up-and-coming players are at a distinct disadvantage while not getting the best product from the same manufacturer? Should not MLB perhaps look into that?

And finally, unless MLB and its Commissioner is willing to look at all matters of inequity in its sport, whether it be an issue between players, between equipment manufacturers and its players, between baseball operations and its suppliers or a lack of standardization when it comes to equipment, MLB should not be permitted to point the finger exclusively at the use of performance enhancing drugs as the sole threat to the sanctity of the game. For that is far from the only difference-maker in varying performance results in the game of MLB today.

And if MLB wants to be taken seriously in preserving the integrity of the game, it must do a far better job of it rather than its present lethargic effort. For certainly they are not fooling the fans and the fans and the players deserve better.

Monday, July 02, 2007

Bris for Owen Ross

This should explain why I have not been posting very much, as we welcomed our little bundle of joy on June 23, that coupled with a new job has kept me busy and very tired. Stay posted, and hopefully I will get around to ranting again. I guess I am just too happy right now.

Here is the meaning of his name, which Nancy and I read at his bris this weekend:

When people ask us why and who we named Owen for, we have two answers. For starters, we really just liked the name. However, Owen means young warrior and after arriving 3 weeks early we know that he is on the right path.

Our other answer is that in Hebrew he is named for two VERY special people in our lives, my maternal grandfather, Allan Resler, and Jeff’s Great Uncle Erich.

Avraham was my grandfather’s Hebrew name. We decided to name Owen after him because of all of the wonderful attributes and memories that made Poppa Al who he was.

He was very caring and thought highly of his family and friends. He had a beautiful singing voice and taught us some fun songs that we will never forget and will definitely share them with Owen, Mollie and Jacob as they get older. As Poppa Al grew older, Jewish life became a larger part of his existence. We will work to instill the same Jewish values and traditions that Poppa held dear into Owens every day life.

Some of my memories of him are the fun I had with my sister on our travels to Buffalo, going to his second bar mitzvah on his 73rd birthday and our last trip to Buffalo a few years back for 90th birthday party. I will never forget his pompadour haircut, which always kept him occupied for hours in the bathroom getting ready. And looking at Owen and his full head of hair, he might be on the same path.

A strange coincidence happened by having Owen arrive 3 weeks early. It was exactly one year ago this week, per the Jewish calendar, that Poppa Al passed away, and Owen must have known since he made his presence known the same week, a year later.

Owen gets his second Hebrew name, Shimon, from for my great Uncle Erich, who was my paternal grandfather’s brother. Coincidently, Jacob is named after my grandfather so now Y’akov and Shimon are brothers again.

Although I never got to spend as much time with my Uncle Erich, I do have some very fond memories of him. One is that he always reminded me that before Jacob and Owen were born, that I was the last in the Herz line. He even came up to me at our wedding and asked when he would have a little Herz boy to carry on the line. I could tell when we arrived at his 90th birthday party a few months after Jacob was born, that Erich was very happy knowing that line would live for another generation. Unfortunately Erich passed away soon after that, and now we have another bundle of joy to carry on the family name, at least for another generation.

My simpsons Avatar



Whit sent me here to get my very own Simpsons Avatar. I have named him Doughy McDonut.

Go create your own, and then link back to me giving me credit (just like I did with Whit).