A comment on opinions...

I’ve spent most of my career trying to suppress any mention of my personal opinions about political matters because I practice on the plaintiff’s side of the bar and most of that bar is populated with rabid social justice crusaders (in a frequently hypocritical sort of way, as they talk a good game but enjoy an incredibly insulated lifestyle and don’t live up to their preaching). But the Wuhan coronavirus nonsense spewed by our supposedly wise leaders in California and beyond was the last straw. I decided that I would comment on the rights-trampling insanity of locking in healthy people on the basis of highly suspect “expert” advice. Once I did that, it was easy to quit trying to hide my opinions generally.

I will say that a number of plaintiff’s attorneys were incensed that I questioned the rationality of staying home to keep everyone safe. I tried to elicit some rational commentary about when economic destruction would be a factor in the calculus and got nowhere. A good chunk of America is so polarized in the opinions held that I wonder if we will achieve a new social compact without violence. In any event, my point in writing this is to say that if you don’t like the opinions I am expressing, don’t read my stuff. Seriously. If you are that butt-hurt over me calling out the intellectual void that we call leadership in California, just stop reading what I write.

As for my write-ups on caselaw, they generally reflect an initial reaction only. Those reactions might change as I dive into an issue, so read any write-up with the understanding that I’m usually sharing first thoughts, concerns, or critiques.

But turning back to my social/political issue opinions, they are mine, I am not sorry that I have them, they are not my firm’s opinions on issues (that’s for sure), and I do not care at all if you disagree or are unhappy about them. I’m not even going to give you a fake apology and say that I’m sorry you feel that way like politicians do when they fake apologize. I’m not sorry. Zero percent. And I will not relent in the slightest to the cancel culture mob, so don’t bother.

The great pandemic?

Back in November, I came down with some respiratory bug that wiped me out pretty good for quite a while. It was a struggle for two months to find the energy to get my work done. Coupled with running my first archery tournament, I didn’t have any gas left in the tank to blog about big decisions. I’m hoping to have the time now to fix that, since I’m going to be working out of a home office for at least the next several weeks.

But my illness from November has given me something to think about. Nobody really cared that I was sick, aside from co-workers telling me to wash my hands and stay in my office, which I did. The world didn’t come to a halt because I caught one of last Winter’s circulating illnesses. So why is the Wuhan coronavirus so different? I have two theories, but I’ll spare you from them, since I’m not a virologist and this isn’t a biomedical blog. And because I have no way of ascertaining which, if either, theory is more likely true based on what information I can gather. But I do want to share a long article providing data analysis known to date. It updates frequently with new data. The end conclusion of the data analysis is that we’ve gone absolutely nuts.

If you’d like a dose of data-driven sanity, enjoy: Evidence over hysteria — COVID-19

UPDATE: So I find this troubling. The article that I linked was later pulled off of Medium and is either under “investigation” for supposedly violating Medium rules or yanked entirely. I read that entire article (it is very long) and found it to be seemingly reasonable and apparently well-supported by underlying data sets (but it does, for example, rely heavily on WHO data, and the accuracy of that data with respect to China has been questioned by many; and some comments on the original post argued that there were comparisons of non-equivalent data sets that led to inaccurate conclusions in the article). It sort of looks like people have a vested interest in perpetuation of hysteria rather than taking a non-emotional look at what all the world-wide data really shows or simply putting up a rebuttal data analysis that identifies any errors in the article. This whole business is starting to stink like rotten fish, where noise about who responded better when is drowning out an analysis of whether shutting down the economy for weeks is a rational strategy based on cost. Here is a link to a new host for the article: Evidence over hysteria — COVID-19 (As an aside, ZeroHedge is just hosting the article for the writer after it was pulled from Medium. I’m taking no position on ZeroHedge generally, given the very “loose” filter at ZeroHedge on what that site chooses to report or claim of its own volition. I view this as a simple repost rather than constituting original work.)

Occidental College, my alma mater, vexes me greatly

Hey, so I went to Occidental College.  Just like Mr. Obama (Emily Post says the title of "President" ends with the end of the term of office - yes, I checked).  Two differences stand out between us, I think.  I graduated.  And he's more famous.  Oh, plus I never inhaled.

So I mention Occidental College because I received correspondence from my alma mater today that struck me immediately as insipid and deeply troubling.  Here's what the e-mail said:

To the Occidental Community,

n Charlottesville last weekend, we saw the ugly face of racism and hate, naked and unadorned. White supremacy in all of its manifestations is an assault on the fundamental values of Occidental, the community of scholars of which we are a part, and the kind of country we want to be. Love of knowledge, intellectual rigor and mutual respect are essential in creating the kind of just, inclusive and loving community we all want to be a part of. As we welcome the Class of 2021 to campus next week, and throughout the coming months, let’s embrace these values as we continue our effort to create such a community here at Oxy.

Best,

President Veitch

A few questions came to mind immediately.  The first thing I asked myself was whether the current crop of incoming students needs to be told that white supremacists are bad.  It never came up when I was there, but I'm really confident that had I conducted a poll, 100% of my classmates would have, without hesitation, said, "Bad."  (A few might have first asked if it was some sort of trick.)  This would have been the easiest quiz, with the highest average score in the history of Occidental.

But, today, not so much.  The school has to tell them it's bad.  Here's my first tip to the admissions committee at Occidental:  if you think you need to tell incoming freshmen this, raise your standards. You are diluting the value of my degree.  Maybe there's a class action there.  Kidding. Probably.  No, kidding for sure.

The second thing I asked myself was why the President of Occidental didn't think to make any mention of the fact that Occidental also abhors the use of violence to silence even reprehensible hate speech.  I've heard quite a few political commentators in recent months suggesting that the First Amendment doesn't protect "hate speech."  Go check with a colleague that practices First Amendment law and see if they concur.  Surely it must be the case that as much as hateful viewpoints like white supremacy, misogyny, or other bigoted beliefs are contrary to fundamental values of Occidental, so, too, are any attempts to forcibly silence even unpleasant ideas.  However, as I am sure that President Veitch did not issue this letter without substantial thought and input, I have to wonder whether the omission of any warning to new students that violent suppression of speech will not be tolerated was intentional.

I can't say it isn't tempting to be sympathetic, for a moment, when a nutter white supremacist is receiving a beat down with a club.  But I would caution everyone to remember Neimoller's words:

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—
Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

You can't send a message that criticizes what is, fortunately, a viewpoint considered by a vast majority of Americans as reprehensible while tacitly condoning vigilantism to silence that idea (if you actually doubt that, consider that a little more than 100 years ago, the KKK had membership in the millions, but a century later the membership was believed to be under 10,000). Violent repression of speech won't stop at the white supremacists.  It's already moved past that. Recall riots at Berkley, the birthplace of contrary viewpoint expression, to silence a speaker.  If thuggish retaliation against speech is allowed to build up a head of steam, it will be hard to stop.

Occidental's alumni should be very disappointed by the absence of a strong message renouncing violence to limit speech and encouraging civil dialog between members of the Occidental community at all times (with at least an implied reminder that anyone acting contrary to that principle will need to find themselves a new college to attend in short order).

I would note, in closing, that Occidental's website does a far better job of recognizing that dialog can often be challenging, but open discussion and critical thinking are central to the educational mission.  Why doesn't the President of Occidental know that?

Article III federal judge takes prosecutor to task for lying in court

In an article from December 2014, Sidney Powell offers a colorful description of a proceeding in which a federal judge excoriated a federal prosecutor for lying in his courtroom.  Sidney Powell, Judge Kevin Thomas Duffy Blasts Federal Prosecutor For Lying in Court (December 16, 2014) observer.com.  Sidney Powell worked in the Department of Justice for 10 years and was lead counsel in more than 500 federal appeals. She is the author of Licensed to Lie: Exposing Corruption in the Department of Justice.  Sadly, these sorts of abused of power appear to be increasing in frequency (or the technology age has rendered them easier to detect and widely disseminate).

Constitutional Crisis in our Courts: One step closer to meltdown

I am informed that, beginning June 2013, there will be NO court reporters for civil matters in the Los Angeles Superior Court.  Part-time court reporters will be laid off, and all full-time court reporters in civil will transfer to the criminal courts.

How much longer will we allow the two funded branches of government to continue down this path?  This is not constitutional.  Also, please be advised that I am not interested in hearing that California doesn't have enough money to correctly fund the Courts.  We have plenty of money.  The federal government has plenty of money (the highest tax receipts in history this year).  Lots of money.  Money everywhere.  It's how they SPEND that money.  Rather, it is how WE spend that money, since we own the bums running things off the cliff for us.  That's the problem - how the money is spent.  If the constitution of this state is to be treated like a bird cage liner, then it is no wonder that the institutions built upon it all look like crap now.

I wonder how much longer we will be able to retain the best of our judges.​