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29 October 2005
NewsBlog Not Red-faced about Steele in Blackface
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Steve Gilliard's The News Blog took a well-publicized swipe at Lieutenant Governor and Republican Senate candidate Michael Steele. Gilliard posted a doctored picture of Steele in blackface, the picture originating from a Washington Post stock photograph. The Post objected on copyright grounds, and so Gilliard modified a public domain photo of money to make his objections to Steele aestethically clear without a copyright issue. The cartoon brought a press-release manure storm within Maryland's senior political leadership (though I think the MDLP managed to sit this one out.)

Some thoughts:

1/ Is Gilliard making a possibly Photoshopped (R) blackface political cartoon essentially worse or less bad than Al Franken predicting recently on television that George Bush would be executed?

2/ Does the needle move on this issue at all in either direction if one notes that Gilliard is African-American?

Gilliard's site notes that Gilliard is not associated with the MD Democratic Party and is, if I read correctly, not a Marylander himself.

3/ Gilliard asserts that Black Republicans do not represent any mainstream opinion in Black America and gain disproportionate media access ahead of non-Republican Black political leaders, authors, etc. I would welcome comments from those who follow the media more closely and rigorously than do I re this.

4/ Do you think FitzMas, i.e. the investigation and indictment of Irving "Scooter" Libby (you'd think a middle-aged WASP attorney like Libby would resent being misidentified as a 9 year-old more than as, well, an Irving) will affect statewide and local races in terms of GOTV, fundraising, etc. next year in Maryland or elsewhere?

That said, I enjoyed Gilliard's site. Gilliard takes a strong position on a lot of issues; an engaging read.

-- Bruce Godfrey


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25 October 2005
FitzMas in the Free State
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I recently had a conversation with my senior political advisor - senior by precisely one generation, in fact. I mentioned to him my interest in the political and prosecutorial sharks swirling around senior White House officials regarding the outing of CIA agent (operative, employee?) Valerie Plame. He expressed the general view that most voters living more than 25 miles from Washington could not care less about the matter, for better or worse.

My commute to DC by rail begins tomorrow for my temporary (6 month) assignment as a German language document translator/sorter. During the day, I live in a strange hyperpolitical cash-rich international center of Power; I come home to an ordinary suburban townhouse northwest of Baltimore. I wonder whether (as my advisor intimated) I may be adopting the mindset habits of my new job home, that the "inside baseball" of special prosecutor Patrick Fitzgerald matters only to employees of the company in world's wealthiest company town, or those in support industries such as myself.

Liberal bloggers (including Good Crabber Josh Marshall of Talking Points Memo) have gone wild over this matter, leading one wag to wish all a "Merry FitzMas."

In a sort of matchbook sociology, I would be curious to hear how Crablaw's readers are following this issue one way or the other, and whether being adjacent to the Company Town affects your perspective on this sort of inside baseball generally.

-- Bruce Godfrey


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Comments Welcome
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Crablaw welcomes your comments; please register and comment away. Unregistered, presumably automated users have been leaving non-topical graffiti in the site (e.g. viagra-type ads, etc.) so please register. I hate doing this, as I post on other blogs myself and do not particularly enjoy registering, but it keeps the "little blue pill" ads away. Thanks very much.

-- Bruce Godfrey


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Dems Ahead in State-Wide Races
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Gonzales Research and Marketing Strategies has indicated a lead for likely or declared Democratic candidates for Governor and Senator.

Both Doug Duncan and Martin O'Malley would prevail over incumbent Robert Ehrlich according to this poll, although the margin of error exceeds Duncan's lead.

Democrat Ben Cardin would defeat Republican candidate Michael Steele by eleven points, whereas Kweisi Mfume, who trails Cardin in fundraising and polls, would lose to Steele by three points.

I believe the smart money points to Cardin and O'Malley getting their party's nods due to greater regional recognition among swing voters, which affects fundraising and perceived strength among Democratic leaders. The fact that Duncan has Comptroller Schaefer and former Baltimore mayor Kurt Schmoke behind him is not necessarily positive; both are regarded by many as oddballs - Schaefer for his infamous crankiness and Schmoke for his (in Crablaw's opinion, very reasonable) discussion of decriminalization of some drugs. That means that politics will be a very interesting hobby in Maryland for the next 13 months.

-- Bruce Godfrey


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Rosa Parks, R.I.P.
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I have little comment to make about the life of this hero of the U.S. Civil Rights movement, except that those of us who are motivated (theoretically) to pursue justice with our pens, laptops, marching shoes, professional licenses and philanthropy should recall how much damage to American apartheid was done with one bus ticket. At 42, she had started a revolution - with tired feet and a bus ticket. It gives one pause.

R.I.P.

-- Bruce Godfrey


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22 October 2005
Public Transit - I have a dream
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This is what one large metropolitan area in Germany did to address its local transit needs. It is the Rhein Ruhr region, a heavily industrialized area comparable to the Baltimore-Washington metropolitan area in size - slightly larger, but comparable (9-10 million people vs. 7.5-8 million). None of Germany's "Big Cities" are in the Rhein Ruhr region; only Dusseldorf and perhaps Essen would be known to most Americans not particularly familiar with Germany or with high-quality steak knives (Solingen, Wuppertal and other cities make high-end steel and related consumer products.)

We have a Texas oil man and his fifty henchmen running public administration and setting policy priorities, and even his henchmen have to sit in the traffic farce in this metro area. Meanwhile, gas is now "cheap" at $2.65 a gallon. I could go on, but for my health....

In the words of Marvin Gaye, makes me wanna holler.

-- Bruce Godfrey


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Hey, Hon!!
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Craig Harman, a native Delawarean (or so I understand the demonym of Delaware to be), posted about accents and diction. By coincidence, I am currently reading Robert MacNeil's Do You Speak American?, so the topic intrigued me.

Some shibboleths of Baltimore are:

ambulance (AM-buh-LANCE)
Bel Air (b'-LAIR)
water (wood-er)
Hon (caucasian prole synonym for "Bro/Girl")
Down to the ocean (danny OH-shun)
Highlandtown (Holl-un-TAY-uhn)

Feel free to comment with your favorites.

-- Bruce Godfrey


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20 October 2005
The Leiberman/Sinclair case
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I have not read the pleadings myself, but according to an October 19, 2005, Daily Record article by Caryn Tamber, Sinclair NewsCentral LLC is suing its former Washington bureau chief Jon Leiberman, who criticized his employer publicly for its decision to direct Sinclair stations to run an anti-John Kerry documentary as a news story. Please note that Crablaw is not a subscriber to the Daily Record, but the article in question appeared accessible without subscription through www.mddailyrecord.com search for "Sinclair", and other bloggers appear to have linked to it similarly. Crablaw respects copyrights and will adjust this post if it is not a proper link.

Until I have read the pleadings, I feel uncomfortable either criticizing or supporting the legal analysis of the piece. A newspaper reporter and a practicing attorney tend to have different fears or concerns; a non-practitioner reporter probably fears her editor and loss of professional reputation as a reporter, while a non-journalist practitioner like myself fears grievances, sanctions, malpractice, blown deadlines and loss of professional reputation as an attorney. Both work hard and get dumped upon by the public, but each has a different definition of "trouble."

The article mentioned that Sinclair filed a Motion to Compel Arbitration. That is procedurally proper, if legally permitted. Under Md. Ann. Code CJ 3-206, the Maryland Arbitration Act provides an exception to the general enforceability of arbitration clauses in employment agreements as follows:
(b) Agreement between employers and employees.- This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle [CJ 3-201 et. seq, the Maryland Arbitration Act, emphasis Crablaw's] shall apply.
An interesting question for me is whether the agreement included that express incorporation of the Maryland Arbitration Act by proper subtitle reference. If not, Leiberman may be able to get a jury trial, something he could not get in the Maryland unemployment hearing that did not run well for him. Whether he would necessarily want one in moderate Baltimore County, which went for Kerry but quite closely, is another matter.

The article did not identify Sinclair's lawyers. Perhaps the non-attorney oriented Baltimore Sun will have additional details tomorrow; their Oct 20th article is not much more extensive than that put forth by Maryland's "comprehensive digest of events transpiring in legal and commercial affairs." In any event, this case is just the reason for Crablaw to exist. We will follow this one.

-- Bruce Godfrey



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Office Equipment - Opinions Solicited
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I am in the process of selecting law practice software and office equipment for my developing practice. Please feel free to forward personal or third-party reviews of any of the following or any direct or indirect sources for same, with my thanks. Don't be afraid to comment if you are not an attorney; attorneys do not have all of the wisdom and some days we seem to have none of it.

1. Scanners and copy machines, light grade.

2. Law office website wisdom - good and bad design you've seen, good designers you know (or are...?)

3. Practice management software - TimeMatters, Abacus, TimeSlips, QuickBooks, Hummingbird, Outlook, HotDocs? What's junk and what's gold, in your view?

4. Any litigation support equipment or supplies of any sort. My most recent practice was spartan as to litigation support so I would appreciate your input here.

5. Best law library books that are ACTUALLY worth the cost. I would nominate anything written by Jay Foonberg or Maryland attorney Paul Mark Sandler.

6. Sources for real-world law office supplies. I would welcome comments from non-lawyers as well as solo practice attorneys specifically - what file folders work best for you and who supplies them? How do you use equipment and supplies to run your office smoothly? I have never thought of myself as Mr. Organization and this fact surprises no one who knows me; if you have found effective tools and supplies I would welcome your recommendation (and likewise your business criticism of same.)

Thanks very much for your input.

-- Bruce Godfrey

Update: I decided on QuickBooks Basic but would still welcome comments on accounting software.


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18 October 2005
Server Taken Over by Cheech and Chong??
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I am experiencing the effects of lag in Hong Kong. It is 11:30 PM EST as I write, which means it is roughly lunchtime in Hong Kong, when my server experiences the longest lag. Accordingly the CSS experiment in which I changed my headings into a deliberate off color of green powder endures, despite multiple attempts to change my external sheet. ICDSoft.com is a good server and I recommend them, but this "lag" is sometime irritating.

-- Bruce Godfrey


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17 October 2005
Blogger and Table Layout
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I would like to post data in table format, but am frustrated by some peculiarities of Blogger that block tables. If you have any knowledge in this area, please let me know.

-- Bruce Godfrey


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16 October 2005
A Libertarian Limps Leftward
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The following post is not about Maryland per se or about the law, but about my own evolution in political perspective. I put it here in a spirit of good faith and fair disclosure, so that my libertarian friends and others will get fair notice and hopefully will keep me in their friendship and warm wishes. If this sort of thing bores you, skip this one.

I have been active or affiliated with the Maryland Libertarian Party (LPMD) for most of the past ten years of my life. Two libertarian stalwarts were in my wedding party in 1999 and I served briefly (thank goodness briefly) as Treasurer of the LPMD in 1998. I enjoyed the fellowship of LPMD members and the excitement of being part of a close-knit small organization of activists pursuing a difficult but inspiring vision of how the country might be better governed with greater liberty and respect for the individual.

Among Libertarians, there are differences in style and approach. My own views were more moderate/centrist than most but I generally found the more radical party activists to be a source of inspiration, vision and plain old guts - qualities lacking in the K Street Mafia-government of George Bush and Tom DeLay. Many a spirited discussion took place on Friday evenings at the Libertarian Drinking and Debating Society in Canton - old beat-up broken nose Canton before Canton became yuppified and overpriced.

Recent years have led me to ask, however, whether fighting for the extreme edge of individual liberty - and more specifically, the extreme edge of the electorate - should be the primary focus of political activity. I hate the drug war, consider it a waste of valuable money and a gross misuse of criminal procedure to prosecute possession of drugs by adults. Legalize the peaceful private use of street drugs by adults tomorrow at 9 AM, I say, and transfer the drug cops into sex crime investigation team or auto theft units at 9:01. But in terms of my focus, do I fear a drug war more than I fear the wholesale takeover of government - all branches - by the cronied Republican Right? And is my fear of libertarian circular firing squads even greater?

The Republican Party has:
  • ballooned the deficit through unfunded wild spending beyond the wildest drunken dreams of the last Texan president, Lyndon Johnson, yielding a risk of inflation, increased interest rates on loans from the People's Republic of China (who develop their economy by lending to our economy);
  • put forth a nominee for the Supreme Court whose judicial "merits" seem to be limited to professional acquaintanceship with the President and membership in an evangelical Protestant church (per President Bush's own comments last week); perhaps after Roberts' easy ride Bush felt entitled to pick the next nominee "the Texas Way";
  • spent a massive amount of money getting rid of Saddam Hussein over a known lie (while Hussein is a murderous thug, Castro's thuggishness 90 miles off the coast of Margaritaville for 50 years has not justified an invasion, even though we have a military base already on the island!);
  • created and enjoyed a Congressional cash-and-carry pay-to-play lobbying machine the likes of which would be imaginable in Mexico or Indonesia;
  • created a jobs program for Republican stalwarts that would appear to rival Yahoo HotJobs in size and effectiveness, resulting in a massive demonstration to the international community (including terrorists) of American administrative incompetence during Hurricane Katrina.

One thing was clear about Bill Clinton - he liked his job. One gets the idea that Bush would rather be clearing brush in Texas; that's why he spends so much time in the "Western White House."

So what does this have to do with libertarian poltics? Nothing, and that is exactly the point. Libertarians can do nothing to contribute to the solutions of the country's real problems because they have been losing market share, not gaining, in the last several presidential elections. While the LP is good for a few press releases, they have been in existence for 8 presidential election cycles and have been losing ground. The Greens have been gaining, winning local elections, building a powerful farm team. Where is the LP?

Part of the problem lies in the inconvenient fact that government sometimes is more economically efficient. What libertarian really wants to see the DC or New York subway privatized and de-subsidized? Where is the LP plan or Cato Institute plan to end the DC Metrorail? It doesn't exist because the DC Metrorail is the only thing that makes the DC commute tolerable. The LP and similar libertarian institutions in DC do not want to be picketed in front of their DC offices; they want their employees to be free to take the government subsidized public transit service and get to work on time.

I have an autistic two year-old; how exactly should he participate in a strict libertarian society? What is the libertarian plan to handle sewage when the government gets out of the sewage business? How will the Libertarian Party see that roads from local streets to international expressways are built and maintained without taxation and without eminent domain - a function that (a few toll road public-private partnerships and a few turnpikes aside) government has handled in practically all societies and economies since the earliest Chinese and Babylonian dynasties?

One is reminded of a libertarian joke - How many libertarians does it take to screw in a light bulb? Answer - zero; the invisible hand of the market will take care of it.

Most of the classical liberal (i.e. libertarian-leaning) thinkers - Adam Smith, Thomas Paine, Jefferson, etc. - believed in sharp limits on government power but did not really want a government so small that one "... can drag it into the bathroom and drown it in the bathtub." Some of us libertarian moderates see government in a less comprehensively hostile light on some issues in limited circumstances.

One might argue that in the main, moderate libertarian ideas and policies are mostly sound. I would agree, but the Libertarian Party has made it as difficult as possible for libertarian-leaning moderates to join or stay in the club. To join the LPUS, one must sign a pledge abjuring the initiation of force to achieve social or political goals, and the party's statement of principles with its Soviet-style awkward, screeching dictation has been a source of embarrassment for a very long time. A frequent source of amusement at national conventions, of course, is the biennial attempt to slay both of these documents, but the party constitution requires 7/8's majority of all registered delegates to modify either, or 7/8 to adopt a lesser majority for those topics. Better hope no delegates took a late lunch.... The Democrats, Republicans and Greens, for their faults, are a little more willing to facilitate moderates, sometimes with beer in fact, but obtuse fanaticism has been written into the very organizing documents of the LPUS itself. Meanwhile its market share declines.

What's changed for me is my gradual loss of my hope that this sort of political Jim Jones Kool-Aid suicide pact was a temporary phenomenon, an embarrassment to be corrected promptly somehow. I attended the LP convention in 1996 in DC; these problems predated that convention and will survive the next one in 2006, no doubt. In other words, political suicide is not a developmental phase but a fundamental design defect of the party. Other countries have classical liberal parties that aim for restrained government across the board but do not engage in mass political suicide. The FDP of Germany and the FDP of Switzerland, Shinui in Israel , ACT New Zealand and other parties in other countries pursue free market, pro-individual liberty policies while acting like grown-ups.

When I was in law school, I took an excellent course on antitrust law. In that course, we discussed cartels like OPEC, and I mentioned to the professor that eventually cartels tend to fall from "cheating" internally or from external competitors or substitutes. The professor asked me how many generations of patience would a government have to have to "wait out" a price-fixing cartel. In a similar vein, how many generations must libertarian moderates - people who want government quite small but bigger perhaps than a bathtub on some issues - wait for the LPUS to grow up and show some maturity, act like they want to win rather than just strut alone in the dark?

So while I will keep my LP registration, I will be supporting certain Democrats aggressively in multiple races in 2006 and will be politically active generally in new ways in coming years. If an LP member runs and I can vote for her in my precinct, I will, but life is too short to wait for the LP to get out of the anal stage. In the meanwhile, I would commend an anti-libertarian FAQ site to the reader. I disagree with much of that site's content but it makes some good points and is quite well organized.

-- Bruce Godfrey


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News about the Crab
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Several developments on my front.

1/ The DC Court of Appeals has sworn me in as a member of its bar effective the 14th of October.

2/ In addition to the temp work discussed in posts below, I have established the administrative basics of a solo practice as well for a defined transactional clientele. This is not an advertisement for services, just noting a development.

3/ I like doing Crablaw but it is getting tougher and tougher to meet the time commitment, as the relative lack of substantive posts in recent years suggests.

4/ I have decided against moving forward with the docket calendar idea. While I am grateful to Craig for his assistance and intend to use Javascript in new ways on this site in the future, my review of software such as TimeMatters and other programs indicates that high-sophistication deadline calculators are beyond my ability to create, service and update, i.e. anything I have time to draft will be below the Yugo in terms of market position. I will use drop menus to greater creative effect on the menu bar, but as the opportunity presents itself.

5/ To some purely personal sadness, I note a change in my political orientation which I will outline in a follow-up post to this one.



-- Bruce Godfrey


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15 October 2005
MARC Train
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I am pleased to report that the MARC train remains an excellent service on the Amtrak corridor. From Halethorpe to Union Station can take as little as 37 minutes; it takes 29 minutes for the subway to go from Owings Mills to Johns Hopkins Hospital. Halethorpe Station is decidedly NOT ADA-compliant; the journey home requires climbing 50 or so steps up then down on an overpass, along with a fairly long walk down a matchstick shaped parking lot, but it is excellent. Halethorpe is a drive from my house but not an undue one. I believe that the DC commute will work out well.

It does help that DC's "lawyer ghetto" is concentrated heavily near Farragut Square, which has an excellent connection from Union Station.

-- Bruce Godfrey


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03 October 2005
Crab Update II - An Honest Clock-Punch
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I have been posting a bit lightly lately due to the demands of my new job. I am working as a document reviewer in a proposed corporate transaction, said employment taking place at a major law firm in northern Virginia through an attorney employment agency. Due to some peculiarities of the local market, this work pays VERY well. I signed a piece of paper that limits my ability to discuss the details, but can note generally that there is an army of workaholic document review warriors making major money doing relatively simple (if repetitive and unthrilling) work. Work is plentiful (8 to 8 is typical, 5+ days a week), time and a half overtime is standard and 100 hour work weeks are rare but hardly unknown. This is a type of legal work that seems not to exist outside of the DC metropolitan area and perhaps New York, and thousands of attorneys on any given Tuesday are doing this type of work.

In short, an honest, well-paid clock-punch.

Probably what I need is a few months simply doing this work and considering my options for the future. The environment is positive, professional but casual in tone and very straightforward - do your job honestly and with reasonable efficiency and you will prosper.

The 60-mile commute from Reisterstown is tough but doable; since the day starts early and ends late, one avoids the worst of the worst of DC Beltway traffic. The timing of this opportunity has led me to reconsider the possibility of divine providence.

-- Bruce Godfrey


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