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[ Sunday, June 15, 2008 12:20 ]

Legacy Journal: Defending the First Amendment

Section:
Legal

Summary:
“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic” --- Justice Holmes

The ACLU, the Press, Madison Avenue, and Libertarians are among the most vigorous defenders of freedoms of speech and the press. However, there are clearly limits that involve the law, abuse of the privilege, and notable ethical lapses, if not double standards, by prominent journalists.

Main:
The word of Holmes speak for themselves. Clearly, the recent case of the new Chief Judge of the 9th Circuit, Alex Kozinski, the colorful, libertarian Romania born resident of Rancho Palos Verde, is an example of an abuse of judicial power, privilege and public trust. Even the venerated Tim Russert, a blue color sports fan from south Buffallo, was among many who failed to call shock jock Don Imis to task for his intemperate ad hominum radio slur against black members of a NCAA championship woman’s basketball team.

The facts in the Kozinski case are ,as they say , “in dispute”. What appear to be so it that the Judge had access to a server, a registered vanity internet domain name, and that he frequently uploaded and accessed files of questionable taste and origin from his judicial court offices in Los Angeles and San Francisco. What he did and did not do while at home and on the road is unclear. What is not is dispute is that the Judge is colorful, even flamboyant, writes frequently for the popular press, and claims to have more than a passing interest and knowledge of computers.

What the folks at the gym and the water cooler expect is that the judicial entitlements that come with even the narrowest and most partisan of Senate approvals nominees, carries with it the responsibility of at least the public appearance of judicial probity by the high priesthood of the Federal Courts.

More:

Footnotes:

Posted by: webscribe2 on 06/15 at 12:20 PM
Backgrounder: • Burden of Proof: • Calendar: • Sunday: • Culture Clash: • Popular Culture: • IT3 Tech: • Internet Tech: • Google: • Calendar: • Justice: • Moral Authority: • Washington Watch: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Wednesday, March 19, 2008 05:22 ]

Legacy Journal: Race, Coals to Newcastte, and Wednesday Technology

Section:
Commentary

Summary:
* Race Matters: At a recent URMC New York Society of Cardiology CO-hosted lectureship on the state of genomic research and technology in health, disease and in the retail consumer market, one was able to witness a race based concern. “Why are there not more African-Americans in the studies?” was the question from the only black practitioner in the audience. “ Why are some of the studies not coming from Africa?” No satisfying answer was forthcoming from the expert from California. While the largest private employer in Rochester NY is URMC, ironically, it is dependent on the black community to staff and operate its facilities 24 x 7 x 365. The residents living in the home of Fredrick Douglass has heard and seen it all. The black church, failing inner city public schools, crime in the neighborhoods, limited job opportunities in a street environment rife with petty and organized crime, substance abuse, abandoned property. High taxes, political patronage, and union restrictions are long standing facts of life that colors much of the black perspective.

Coal:

* RIT CMIS : Manufacturing technology institute funded by the Federal Government, the state of New York, and private industry.

Main:
: A new black Superintendent of Public Schools, a new black Governor, and a new black President will not qwell “prophetic” rhetoric from the pulpit, balance the state budget, or eliminate a 200 year old backlog of white guilt. Barak Obama may be perfect poetic fusion messenger to the new generation of American voters, but he can not govern well or effectively , if he is viewed as pandering to the rapidly fading black leadership elites and their supporters-- and they know who they are.

:: Coal production and export report from the nytimes..

::: CIMS is the Center for Integrated Manufacturing Studies on the RIT campus in Rochester, NY.

Today a OLLI tour group got a dose of sustainability, a lesson in manufacturing, and a perspective on a post Kodak western upstate NY economy. Locally, part of
the manufacturing view of green sustainability is part rehabilitation and waste management. Quality control , systems management of the product cycle, and energy efficiency is part of the package. One demonstration bay had a half million dollar articulated arm laser surface scanner for image input for product design.

Most of the projects are small simulations and tests of critical mechanical parts like aircraft hydolic systems and gearboxes.

More:

Footnotes:

Posted by: webscribe2 on 03/19 at 05:22 AM
Backgrounder: • Basics: • Business and Trade: • Calendar: • Wednesday: • Common Ground: • Community Service: • Culture Clash: • Popular Culture: • Data: • Dollars and Cents: • Follow the Money: • Diversity: • Energy: • Alternative Sources: • Coal: • Features: • Permalinks: • Going Green: • IT3 Tech: • Internet Tech: • Google: • Calendar: • Justice: • Leap of Faith: • Life Lines: • New York: • Cities: • News: • Hot Spot: • OLLI (Osher): • Politically Potent: • Race: • Salt and Pepper: • Signs of the Times: • Voice: • Poetry: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Wednesday, December 05, 2007 10:51 ]

Legacy Journal: Three items before more on the Road to Bali

Section:
Politics

Summary:
* The potent mix of Politics, Religion and Characterization takes a rather low road on the nytimes Op Ed Pages. The article entitled Mitt Romney is No John Kennedy by Contributing Editor, Kenneth L. Woodard. He is a long time senior statesman among religion journalists. and a respected editor and trade book writer for Newsweek, the nytimes, and publisher Simon & Schuster. He is a graduate of Notre Dame University.

Main:
: Mitt Romney, Mormonism, and the Politics of Unfair Association:

First, a disclaimer. This writer is not an authority on religion in America, nor a member of any political party, church or religious organization.

* Here, we are immediately struck by the title which harkens back in time to the famous televised 1988 one on one stand up debate between the two national candidates for vice President of the United States, liberal Texas Democrat LLoyd Bentsen, and conservative Dan Quale of Indiana. The phrase in the title, --- <U.N. Jack Kennedy --- , is clearly lifted from the iconic 1988 debate, and transplanted without reference or attribution into print on the pages of the nytimes.

* We are also struck by the fact, the JFK was able to make his case and then the merits of his case were put to the test of opinion and judgment. Mitt Romney, a graduate of Harvard Law is mischaracterized in the court of Public Opinion before he has been fairly given his day, time and place to make his case.

* Furthermore, Woodward is mistaken if fact and rhetoric when he attempts to crudely draw parallels between Catholic Bishops and lay Mormon bishops. Grandma Anna, a ranchers daughter born, raised and educated in rural and isolated east Oregon, and a Catholic boarding school graduate, could make a long list of the significant differences in the two titles and offices.

* Woodward plays the “polygamy” card with the sure knowledge that LDS Church officially disavowed the practice in the late nineteenth century.

* Finally, in Woodward’s opinion, JFK was “an indifferent Catholic,” Really? One has the feeling that the author is not indifferent in his opinion of the Mormon faith, the LDS Church, nor the Mormon faithful. That is a quality that he appears to share with many pundits and voters.

One can fairly assume that Mitt Romney will take the high road and present his case well to the nation in his speech from Texas. Like his fellow Commonwealth of Massachusetts presidential aspirant 50 years earlier, he will appear to fit the office.

1.)He will not divorce himself from his faith, his heritage or his Church.

2.)He will appeal to fairness, religious tolerance, and the history of religion since the founding of the country and in the framing of Constitution.

3.)He will note that religious tests are specifically excluded by law as a condition for holding federal political office.

In the end, voters do have a wide variety of religious preferences, practices and prejudices. However, polls are one thing, secret ballots are another. The coverage poll driven political coverage from Iowa is suffering from whiplash. The DeMoines pop shows the winds blowing from one direction and an ABC poll just the opposite. In either event, character, intelligence, sound judgment, honesty, vigor, clear communication and hard work are not exclusive to the members of one faith or persons from one section of the county. In the person of Mitt Romney, these qualities and more, are uniquely displayed on the stage in College Station, Texas, where he was introduced by former President, George Bush.

:: This week, the temperatures in Rochester, NY have been on average 15 degrees below normal and the kids are now on their X country skis.

::: The University of Rochester has adopted a page out of the Notre Dame play book. Then now offer donor trusts to be invested in the diversified investment portfolio of the Universities endowment. In the case of the U of R, that endowment is more than $ one billion in stocks, bonds, property, hedge funds and startup high tech companies.

More:

Footnotes:

Posted by: webscribe2 on 12/05 at 10:51 AM
Backgrounder: • Black and White: • Calendar: • Wednesday: • Culture Clash: • Popular Culture: • Expressions: • Western: • Final Verdict: • Foul Ball: • History and Heritage: • Justice: • Language: • Rhetoric: • Leap of Faith: • Media Watch: • Memory Lane: • Personalities: • Political Watch: • Really? A Reality Check: • Truth Telling: • Wary Eye: • Audacity: • Blowback: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Wednesday, November 07, 2007 12:49 ]

Legacy Journal: Wacko Wednesday

Section:
Markets

Summary:
Tom Friedman continues his nytimes column on his view of the future of technology, energy, and the role of 700 million Indians in the coming Brave New Green World of carbon trading derivatives.

Currently, some very smart executives and Wall Street players are paying the heavy price of not knowing the fundamental value of “ Junk “ home mortgage backed financial instruments. Derivatives if you will. General Motors and Bear Stearns are the latest in the lineup. More accounting standards enforces write offs against current profits are anticipated. The future of carbon trading is murky and shares a built in flaw with other “derived” finance instrument. That would be a lack of accepted standards and mechanisms for pricing, valuing, measuring and enforcing accountability of carbon based credits and debits.

One wag has proposed color coding electrons so that electricity meters in say, the elevators of NYC high rises could sort out the source of the power used. Now, there is an opportunity for some smart E2K programmers.

Dot Earth blogger, at the nytimes weighs in with more Wednesday Wackiness. A Foster City California project is setting sail to play Captain Pirate of a scheme to capture the rights to carbon trapping plankton on the high seas. Some folks must be spend far to much time watching reruns of Johnnie Deept movies.

Main:
Meanwhile:

The mood of the Heartland was measured by yesterday’s election results:

* Utah rejected a proposal to provide state wide vouches to public school students.

* Oregon rejected a proposal to add to the state tax on cigarettes to provide medical care to poor kids not covered by Medicaid.

* In New York, the State Legislature and the Monroe Count Legislature remains Red.

* A town in the western upstate NY county of Wyoming voted against a proposed large commercial turbine based Big Wind Farm project in their neighborhood. The proposal is thought to be based downwind in Massachusetts.

In addition:

* Injured race horses and other ill animals are humanly and regularly “put down.” Yet, it appears that is not technically possible according to the sources for those legal reporters covering death penalty issues before the courts.

* Important legal and political issues in Pakistan continue to be reported without context as though events in the street are being played out in some small town in Louisiana.

* The temperature today in Rochester is 10 degrees below “normal” and there is light snow on some home roofs that are on rises in the southern part of Brighton, Monroe County, NY

* The local paper has been recognized by an independent trade group is accessing over 80% of its potential market within its service area. That is a # 1 ranking. Among those serviced are a large and growing number of foreign born, young professional east Indians, Asians and Europeans. The University of Rochester, Strong Memorial Hospital and affiliated groups, Xerox, Eastman, and Bauch and Lomb are continuing talent magnets.

* Speaking of snow, USA Today reports that the National Park Service is considering closing the eastern entrance to Yellowstone National Park for the winter. A 8,550 ft. pass west of Cody, Wyoming is used by outfitters for really hardy and fit high mountain skiers, trekkers, and snowshoers.

More:

Footnotes:

Posted by: webscribe2 on 11/07 at 12:49 PM
Calendar: • Cascade Effect: • Demographics: • Digital Domainism: • Earth Sciences:: • Energy: • Expressions: • Western: • Heartland: • IT3 Tech: • Information Tech: • Internet Tech: • Justice: • Language: • Lights Out: • New York: • Regions: • News: • Personalities: • Political Watch: • Promise Makers: • Rule of Law: • Snow Flakes: • Spectored Tales: • Standards: • Tall Tales: • The Price is Right: • Triangulation: • WakeUp: • Wilderness: • Metaphors: • Popular Culture: • Climate Change: • Certainty: • Punditry: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Wednesday, October 31, 2007 05:17 ]

Legacy Journal: Wednesday Wakeup Call: A Return to the Basics

Section:
Education

Summary:

“Be quick. Be fast. But, do not hurry or rush.” ----- adapted from Coach Wooden

“ Beware the frequent parent interview trap of the childlike gotcha question, “Why?” Why me? Why now? Why here? Why ....?

“ In clear thinking and balanced writing , always distinguish between fact and fiction, evidence and proof, association and the science of cause and effect”

Three Wakeup Calls:

* ET meets IT: It has gone global. We call it the third leg of the IT3 stool that is stable and supported by the synergy triad of Internet, Information and Instructional Technologies. This technology troika is well illustrated by the powerful math model of the Venn Diagram.

* * Headliners.

* * * Jump Starters.

Main:
Education:

* Today, nytimes journalist Tom Friedman is back on track and back on message with his column about ET plus IT in rural India. BTW, we are using the permalink feature, and bypassing the nytimes archives for our links.

http://www.nytimes.com/2007/10/31/opinion/31friedman.html?ex=1351

* A second nyimes basics article by Natalie Angier, visits a magnet school and physical science classroom in Virginia for a blast of fresh air.

http://www.nytimes.com/2007/10/30/science/30angi.html?ex=1351483200&en=af7c

We we impressed a recent ABC evening news report from the field on the wonders and the science of fall leaf color change. On the question for Why leaves change color, there seems to be several theories, but no consensus among botanists, cell biologists, evolution scientist, and ecology researchers

Headliners::

* This morning we awoke to the fearful warning that many plastic products contains globally used, long studied, “everywhere chemical” hardening and clearing agent. Bisphenol A and phthalates are the class of chemical compounds. A federal government PhD laboratory reproductive toxicology researcher reports that she has found paraovarian cysts in mouse she has injected with the compound. She is apparently concerned a possible association with future reproduction in mice. So what about human females and children? “More studies and funding are needed “

A recent CNN report cites a 2005 study by Shanna Swan, a professor of obstetrics/gynecology at the University of Rochester (N.Y.) School of Medicine and Dentistry, showing that sons whose mothers had higher phthalate levels in their urine, in particular a dibutyl phthalate, had a shorter distance between the anus and the genitals.

* Once again, we are told that there is a measurable association between a couple of swallows of wine with your lingini with clam sauce and breast cancer/

Jump Starters:::

* On a per CPU installed base, the sing versions of Apple OSX 1.50, Leopard is selling at twice the rate of the multiple versions of Windows Vista.

* The New York Board of Reagents is attempting to jump start there P-16 program aimed at “At Risk Students”. These student were identified by the studies and analysis of Brooklyn native, Harvard professor and former NY-D Senator, Daniel Patrick Moynihan. They tend to be poor, minorities, without fathers in the household. The educational establishment in NY, was well represented in a video conference hookup on WXXI this week. Featured was the current president of CUNY , and the Superintendent of the Buffalo Public School system. Clearly the focus was on the four year colleges. Sadly, there was no discussion on job and technical training in the state’s community colleges.

* Finally, Revkin a nytimes roving reporter on the global environment has a blog, dot earth</a>.. The Arctic is his current beat, but he would rather travel to a tropical rain forest, beach or coral reef.

More:

Footnotes:

Posted by: webscribe2 on 10/31 at 05:17 AM
Calendar: • Demographics: • Diversity: • Google: • Headliners: • IT3 Tech: • Jump Start: • Justice: • Medicine: • New York: • Cities: • News: • Political Watch: • Science and Technology: • Natural Sciences: • Physical Sciences: • Social Sciences: • SeniorStatesmen: • Trifecta: • Rhetoric: • Metaphors: • Dollars and Cents: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Monday, October 29, 2007 06:11 ]

Legacy Journal: Monday Morning Frost Start: Three Thoughts from the North Country

Section:
Climate Change

Summary:
The first frost of the season in on the pumpkin in upstate New York. So, it is time to link Charlie Brown, with fall color chemistry, and with the cultures of New York, the Empire State.

Main:
It is just in time for Halloween, the annual Charlie Brown Pumpkin TV hoiday repeat on ABC, and tonight’s new PBS American Master’s, presentation of the work and live of Charles “Sparky” Schulz of St Paul, MN and Santa Rosa, CA..

* On a seasonal note, the nytimes has a colorfully illustrated multipedia supplement to an article about a Jewel in the Adirondacks. The state park is the nation’s largest and is the site of a controversial Nature Conservancy conservation vs logging vs multiple area stakeholder issues..

* So what is the science of the changing fall colors? The fun chemistry folks at the University of Wisconsin have some answers.

* Then there are the MAD science folks. A cell biologist at the University of Massachusetts posts his answer to the question, “ How do pine needles manage to stay green during the winter?” The short answer to a long process is, “ Evolutionary adaptation.”

Meanwhile New Yorks continue to be confused about the irrational behavior of home owners in fire zone areas on the edge of public lands like the San Bernardino National Forest near Lake Arrowhead. But, the same could be said of those who choose to live in flood zones, high rises, crime zones, pollution, potholes, rural areas without sewers, water, power, shopping , public education or immediately available 24 x 7 x 365 public health and safety services.

Some seem to be proposing a national conversation about a standardized land use and building system for the entire nation. That is about as likely to happen as House Way’s and Means Committee Chairman Rangle’s (D-NY) , most recent proposal to reform federal the tax code by imposing a surtax on high income earners. A-Rod of the Yankees?

BTW, forecasting complex systems using pundits, experts, computer modeling, modern technology, or fortune tellers is risky business. Recent example come to mind:

Sports:

* The likelihood one month ago of the Denver Rockies winning the National League and playing the Red Sox in October in the World Series.

* The pre-season sportswriter probability of #4 Oregon and #6 Arizona State playing in Eugene for a likely Pac 10 Championship and possible BCS bowl bid. There is a rumor that the ESPN ABC Game Day guys may be making a return visit to Eugene.

Economy:

* A Strong economy and stock market evaluation of US equities led by export sales and global capital market flows despite the prospect of higher oil prices, substantial sub-prime rate home mortgage write-offs, and a popular culture that sadly appears focus on fear and finds fault with the country’s past, past and future. Congress and the direction of domestic policy, and the Administration, and the direction of foreign affairs are but two examples.

Environment:

* This weekend, the nation was again told that one third of domestic agriculture production is dependent on the regional honeybee suppliers. With disappearing bees and hive “collapse” the market price to rent pollinators by producers of blue berries in Maine has skyrocketed. Meanwhile, apples and cider from around the country appear to be in good supply at the local markets and roadside stands in upstate New York.

* Meanwhile, a plague of black letter lawyers and judges trying to bring their visions of order out of Gore and CO₂ climate change chaos. A senior magistrate in Britain as ruled that the video, An Inconvenient Trust can be shown in school classes if nine error of fact are corrected. A Kansas ruling has denied an application for a new coal fired plant on the basis of its possible adverse effects on atmospheric Green House Gases. Finally, the emerging European trading market for carbon offsets is reportedly around $ 36 a ton.

After to do the currency exchange rate , the metric system , and the molecular conversions, I gave up because of a headache. I am sure the headache was cause by an acute imbalance in my internal carbon dioxide levels. Whether too high from breath holding or too low because of hyperventilation I an not sure. But, stress is the effect and carbon dioxide is surely either the direct or indirect cause.

More:

Footnotes:

Posted by: webscribe2 on 10/29 at 06:11 AM
Business and Trade: • Calendar: • Monday: • Demographics: • Earth Sciences:: • Fifth Quarter: • History and Heritage: • Justice: • Nature: • New York: • Regions: • News: • Regional: • Personalities: • Propositions: • Science and Technology: • Natural Sciences: • Biology: • Molecular Biology: • Physical Sciences: • Trifecta: • Wilderness: • Metaphors: • Climate Change: • Dollars and Cents: • (0) Comments: • (0) Trackbacks: • Permalink:

[ Tuesday, May 29, 2007 15:54 ]

Legacy Journal: The State of the Nation Memorial Day, 2007

Section:
Opinion

Summary:
America is admired by the World’s youth, the country is prosperous, the economy is growing, the citizens are happy, healthy, well educated, well housed and employed, institutions work, the environment good and getting better, lifestyles are taking advantage of leisure time, and there is domestic freedom, tranquility, justice and tolerance.

Main:

Categories:

Negative View

Positive View

Image

Foreigners hate America and are openly hostile to American’s.

50% of the world’s population, 25 and under, wants to emigrate to the U.S.

Prosperity

The average American is poor.

The median household income of a family of 4 is over $50,000 per year.

Economic Growth

The economy is stagnant.

The rate of economic grow continues to exceed the rate of inflation.

Happy

The majority is dissatisfied with their lives.

The vast majority of American’s are satisfied.

Health

Americans are in poor health.

The state of health of Americans is good.

Housing

The average American can not afford a house

The majority of families live in the own home

Jobs

America is not creating jobs.

The unemployment rate is at a historic low.

Education

Public education is poor, unavailable and expensive.

American public education is the envy of the world.

Environment

Crowding and Global Warming = massive collapse and catastrophe.

Population growth is slowing and climate is complex and has moods that shift with the millenia, at a
geologic glacial pace.

Justice

Racism, sexism, religious intolerance and ethic bigotry are the norm.

Human Rights has been a standard in the written Constitutional Bill of
Rights for more than 200 years. The Civil War and the Civil Right Acts
are now part of history and legislative law.

More:

Footnotes:

Posted by: eegotoguy on 05/29 at 03:54 PM
Amazing: • Calendar: • Demographics: • Diet, Nutrition & Health: • Diversity: • Energy: • Fast Facts: • Gate Keeper: • Heartland: • Immigration: • Justice: • Leisure: • Life Lines: • News: • Political Watch: • Polls & Attitudes: • Polls & Public Opinion: • Race: • Second Look: • Second Opinion: • Trends: • Yesterday, Today and Tomorrow: • Young at Heart: • Climate Change: • (0) Comments: • (0) Trackbacks: • Permalink:

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Categories:	Negative View	Positive View
Image	Foreigners hate America and are openly hostile to American’s.	50% of the world’s population, 25 and under, wants to emigrate to the U.S.
Prosperity	The average American is poor.	The median household income of a family of 4 is over $50,000 per year.
Economic Growth	The economy is stagnant.	The rate of economic grow continues to exceed the rate of inflation.
Happy	The majority is dissatisfied with their lives.	The vast majority of American’s are satisfied.
Health	Americans are in poor health.	The state of health of Americans is good.
Housing	The average American can not afford a house	The majority of families live in the own home
Jobs	America is not creating jobs.	The unemployment rate is at a historic low.
Education	Public education is poor, unavailable and expensive.	American public education is the envy of the world.
Environment	Crowding and Global Warming = massive collapse and catastrophe.	Population growth is slowing and climate is complex and has moods that shift with the millenia, at a geologic glacial pace.
Justice	Racism, sexism, religious intolerance and ethic bigotry are the norm.	Human Rights has been a standard in the written Constitutional Bill of Rights for more than 200 years. The Civil War and the Civil Right Acts are now part of history and legislative law.