Fall 2005 Class Schedule

Temple Law's fall class schedules were posted today:

This is my overload semester, 12 units, instead of the normal 11 unit max for evening students after the first year. I also had to take a day class, in order to get Professional Responsibility out of the way. On Thursday, I will have a 7 hour gap between the end of my first class, and the beginning of my second.

Professional Responsibility with Glennon
Mondays and Thursdays 9:30 AM - 10:45 AM

International Law with Dunoff
Mondays 6:00 PM - 7:15 PM
Wednesdays 7:30 PM - 8:45 PM

Comparative Law with Porrata-Doria
Tuesdays 4:00 PM - 5:50 PM

Evidence with Rice
Tuesdays 6:00 PM - 7:15 PM
Thursdays 7:30 PM - 8:45 PM

Here's to you, Cognitive Psychology in Theory and Practice

Hey folks it's the Stroop Effect, in German! (From Der Spiegel Online)

In Deutch-glish:

(Thanks Babelfish!)

Illiterate by Hypnose
By Christian Stoecker

By Hypnose psychologists their test subjects have a reading cure. These could not suddenly designate no more, which stood on the multicolored boards written. The researchers also found out: Who is well gelaunt, can be affected less.

Stroop effect: Successfully hebetates?

We cannot at all differently. If a word stands printed before us, we must read it whether we want or not. The advertisement about takes advantage of this effect again and again. And everyone, which with the breakfast times to the Mueslipackung festgelesen themselves has, knows it from own experience.

In addition, the phenomenon can lead to conflicts in the head: If we are to designate the ink color for instance with the word printed with red color "blue", that costs trouble. The read mechanism pushes the word meaning in such a way into the foreground that it becomes difficult to seize and above all express the color information. "Stroop effect" psychologists call this priority of the word in relation to the color, after his discoverer John Ridley Stroop.

"The effect is a well-known and very durable example for the fact that sometimes we can suppress irrelevant information with difficulty", explain Wilfried Kunde, psychologist at the University of Hamburg, in the discussion with MIRROR ON-LINE ONE.

In the meantime is however clear: Hypnose can change the data processing in the brain so strongly that such perception conflicts do not arise to no more or only reduced. Amir Raz of the Columbia University in New York and its colleagues describe in the technical periodical "Proceedings of the National Academy of Sciences", like one the Stroop effect with Hypnose out-cheat can - and which happens thereby in the brain (on-line first publication).

"like characters of a foreign language"

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I need a new Mug

I didn't watch the President's speech in real-time, but I did see clips on MSN. No surprises, but the President laid out his vision, yet again, of what we're doing in Iraq, why he believes it's important, and why America should support his policies.

And, regarding Kelo, (via the Volokh Conspiracy) I may need a new coffee mug.

My weekend was blissful.

And, this weekend, I'm looking forward to heading to Atlanta to visit Mom and Dad in their swank new digs. They moved in March from Vancouver, Washington (just outside Portland, Oregon) to Georgia.

So, I will be out of town for Live8, but I don't recognize that to be much a loss.

Thoughts on Kelo

Bill inquired, (reasonably):

Did you accidently smoke some of the plants you're growing?

Yesterday, the ruling of the Supreme Court came down in a case called Kelo v. City of New London. I'll skip the legal analysis, but we've been waiting to hear the outcome in Land Use Planning class.

As the court writes:

Petitioner Susette Kelo has lived in the Fort Trumbull area since 1997. She has made extensive improvements to her house, which she prizes for its water view. Petitioner Wilhelmina Dery was born in her Fort Trumbull house in 1918 and has lived there her entire life. Her husband Charles (also a petitioner) has lived in the house since they married some 60 years ago. In all, the nine petitioners own 15 properties in Fort Trumbull--4 in parcel 3 of the development plan and 11 in parcel 4A. Ten of the parcels are occupied by the owner or a family member; the other five are held as investment properties. There is no allegation that any of these properties is blighted or otherwise in poor condition; rather, they were condemned only because they happen to be located in the development area.

In other words, unlike a blighted neighborhood, or a house that's falling down and hazardous, these houses are just fine. The working class families that live there don't want to leave. The city is using its power of eminent domain in order to assemble a large parcel of land, with nice views, for new development. Yet, the plan has no specific use in mind for part of this land.

[One Parcel] is slated, mysteriously, for " 'park support.' " At oral argument, counsel for respondents conceded the vagueness of this proposed use, and offered that the parcel might eventually be used for parking. (cites omitted)

So, how would you feel if your home was condemned just because a developer promises to the town that it thinks it can earn higher returns on the property? Again, this wasn't to build a hospital, or a road, or a park. This condemnation takes property from one person, to give to another.

One of the most important aspects of property ownership, its "settledness," is thereby wiped away. As Justice O'Connor wrote in the dissent:

In moving away from our decisions sanctioning the condemnation of harmful property use, the Court today significantly expands the meaning of public use. It holds that the sovereign may take private property currently put to ordinary private use, and give it over for new, ordinary private use, so long as the new use is predicted to generate some secondary benefit for the public--such as increased tax revenue, more jobs, maybe even aesthetic pleasure. But nearly any lawful use of real private property can be said to generate some incidental benefit to the public. Thus, if predicted (or even guaranteed) positive side-effects are enough to render transfer from one private party to another constitutional, then the words "for public use" do not realistically exclude any takings, and thus do not exert any constraint on the eminent domain power.

So, I suspect, there will be political fallout from this, probably much more than the Court expected. The question becomes, other than a constitutional amendment, what mechanisms do the representative branches of government have in order to correct this wayward court. And that's the research I'll want to do when I have the time.

And finally, as to the phrase "Black Robed Masters." In his syndicated column for June 30, 1996 on the VMI decision, George Will famously described the Supreme Court as "our robed masters." The "robed masters" part stuck, and over time "Black" got prefixed to it (since, of course, the Supreme Court Justices do wear black robes.) Nixon was accused of running an "Imperial Presidency," the equivalent accusation for critics of the Supreme Court emphasizing their overreach is to describe them as the black robed masters.

Note for later

Right now I'm engaged in a frenzied cleaning of the apartment. But, so that I don't forget, I'm leaving a note here to myself to remember to examine mechanisms to correct our robed masters. That is all.

First Day of Summer

According to the Astronomers, yesterday was the first day of summer.

Personally, I go by the Memorial Day - Labor Day definition of summer, and whine mightily if it's chilly in June or hot in September.

And, via Instapundit, I came to The Carnival of the Vanities, and thence on to the Opinionated Bastard. And there I got to read an excellent entry on the War on Terror, which generally mirrors the arguments I make when I explain my support for the administration.

And Furthermore

Oh, and I have it on good authority, through a delightful coincidence, that someone is also growing Italian Basil in a clay pot. When will we see photos, eh?

Insomnia

Now, even under the best of circumstances, I am a bit of a night owl. The combination of stress, evening classes, and no work during the day, however, has lead to an egregiously fouled up circadian rhythm.

Yesterday, I slept well into the afternoon. And now, at 7 AM, I am still completely unable to sleep. (I laid awake, fretting at my inability to sleep, from 2 to 4, at which point I gave up and read through some Instapundit and Andrew Sullivan.)

I also read up on sleeping disorders, which is a blast. Mostly a blast because I don't have any of the nasty ones, which I imagine are awfully rough for the folks who've got 'em. Still, I think I could make a good case that I've suffered from Delayed Sleep Phase Syndrome since adolescence.

Regardless, maybe I can still get a rehabilitating nap in before noon.

Oh, and don't forget, from the clay pots

The Basil has a significant tropism towards the light. The camera is showing the face that was facing the window earlier today. The pomagranite does not appear to grow towards the sun.

Now, in researching my plants yesterday, I came across some fascinating information.

First, the nasturtiums are edible. While it's unlikely I'll snack on them, pretty much the whole thing can be eaten--the seeds are peppery, the flowers and leaves are milder in flavor. A search on the web suggests a number of recipes for nasturtium infusions of various sorts. And, it appears that their name includes a derivation from the latin word "tort" which is a delightful connection with my classes.

In addition, the nasturtiums are extremely tasty to black aphids. The Sedum is appearently resistant to everything.

Further, I also learned that pomegranites do not grow true from seed. Thus, while the seed packager may have tried to include a seed for one of the dwarf varieties, there's no guarantee that a dwarf version will grow from it. So I could wind up with a plant that wants to grow to 16 feet tall.

New Plant Based Purchase

Today I decided I was tired of having an empty front porch. I went to 10th and South Street, where a wonderful woman at All Occasions Flowers helped me pick out a big plastic pot, and some plants to fill it.

I carried the pot and one bag of soil one time, and then came back to the store where I picked up my plants and the other bag of soil.

Pictures:

My Pot and Plants in Context


Overhead Shot



Third Photo



Finally, the details. The taller plant is a Stonecrop, specifically Sedum 'Matrona'. It grows from 18 to 24 inches tall, and should bloom from late summer into midfall. I bought four of them, and they are clustered in the middle of the pot. The smaller little plants are Nasturtiums. I purchased 5 of those, and the goal is to get them to drape over the edges of the pot.

I put 3 inches of styrofoam packing peanuts in the bottom, and then filled the rest of the pot with two bags (16 quarts each) of Miracle Grow potting soil. Both plants are drought resistant, but I'll be watering them quite a bit for the first few weeks just to make sure they get started okay.

And finally, I know I live on a street that sees a lot of pedestrian traffic, but hopefully nothing untoward will happen to my plants. To reduce the risk of losing flowers to passerby, I didn't choose anything with really big, showy flowers.

What Philadelphia Deserves

In more corruption news:

On Tuesday, a jury convicted Imam Shamsud-din Ali of a number of crimes. As the Daily News put it:

MUSLIM CLERIC Shamsud-din Ali yesterday was unmasked as a crook, a conspirator, a racketeer, thief, a briber, an extortionist and a liar.

He cheated the taxpayers.

He ripped off the Muslim community, particularly shivering students forced to wear overcoats in the freezing Sister Clara Muhammad School - which he headed - by stuffing his pockets with school money.

He betrayed pols - Mayor Street, Council members Jannie Blackwell, Donna Reed Miller and others - who trusted him and paved the way for him to obtain city contracts.

Mayor John Street, from a press release, dated June 14, 2005 entitled "The Mayor's Statement on Imam, Christmas Verdict"

My administration has always had a zero tolerance for corruption.
It is important for all Philadelphians to have confidence that their government is protecting the integrity of its programs and providing the highest levels of quality service for its citizens.

And he closes with this line:

As Mayor, I will ensure the public gets what it deserves: honest and open government.

The Philadelphia Inquirer, in an editorial thursday called "Be mad; be very, very mad"

The ongoing federal probe of Philadelphia's insidious pay-to-play culture started with the FBI wire-tapping phone conversations of Muslim cleric Imam Shamsud-din Ali in a 2001 drug investigation. Ali, a fund-raiser and close friend of Mayor Street, was found guilty Tuesday of 22 federal charges, including 20 counts of fraud in which he used his influence to get city contracts that paid him even when his company did no work.

Juror Arlene P. Medearis rightly expressed what should be the feelings of all city residents. "As a Philadelphia taxpayer, I was angry how our own money was being spent and misused," she said.

Mayor Street ought to have been just as angry. Instead, he meekly voiced his respect for the jury's verdict while claiming he has "zero tolerance" for corruption and offering condolences to Ali's family.

Street has not been charged with any crime in the federal investigation, but the mayor nonetheless deserves criticism. He should have kept campaign contributors and political friends such as Ali and the late super-lawyer Ronald A. White out of City Hall's no-bid contract trough.

Folks, it's bad here in Philly. City Council and the Mayor's office need to come up with some way to really crack down on this corruption. A well-connected crook helped raise funds for our Mayor, and the best the mayor can say is:

This case was extremely troubling because it involved a recognized community leader and long-time friend. It is clear that the jury carefully considered the evidence and reached its verdict. We respect this decision and my condolences go out to the family of Imam Shamsud-din Ali.

Irony is not dead - but it ought to be

On TV, famously described as a cool medium, irony and sarcasm "work." If you, as the audience, don't understand the implied distance between the dialog and the fictional context, you just wait for the plot to explain it to you.

In person and on the web, however, I have consistently found that irony tends to demand too much from the audience.

Now, ironists frequently complain that the reason people don't understand what they are saying is because, well, the audience is dumb.

In reality, irony is only an appropriate rhetorical form when you know for certain that your audience either shares your values or is so familiar with you (as speaker) that if you start spouting something different they'll know you don't really mean it.

In spoken language, you express an ironic viewpoint through choice of emphasis in language and body language. But remember, in most of the examples we see on television of irony, we've already been primed to expect irony. Saturday Night Live's "Weekend Update" bit, for example, depends upon our knowledge that it's a fake news show.

Conveying and sustaining an ironic tone through text, however, is fantastically difficult, and frankly should be discouraged. Authors, unless you're an exceptional writer you are more likely to confuse your audience, rather than entertain and communicate with them, through the use of irony.

All irony depends upon the use of a fictional persona, which is itself suspect in personal interaction. Again, if you're on a stage, I've got the cue to expect the dramatic presentation of a fictional persona. In the workplace, or on the street, or really anywhere we're not surrounded by people who know us very well, the risk of miscommunication is too high.

More generally, in personal communications, irony (along with sarcasm) are rhetorical strategies of the weak. A consequence of ironic distance is that it allows people to say things with "deniability". That is, if I say "I hate your mother's meatloaf," and you look hurt, I can quickly follow up with "in fact, I hate it so much I'll take another slice."

I enjoy irony on the small screen just fine (in fact, when I could watch more TV, I loved David Letterman.) But if someone I'm not especially familiar with starts using an ironic tone, I start wondering what it is they're trying to hide.

Do I think The Onion is funny? Of course. But at least once a year, there will be a report that somewhere, someone has cited an article originally published in "America's Finest News Source". The same thing happens with the annual April Fool's Day hoaxes. When The Onion apes the format of a real newspaper, is it really so surprising that some people will not realize that it is a parody?

As a proud son of the great southern rhetorical tradition, I may be unusually cautious about the power of words to obfuscate. But this is my little plea to the world: consider saying what you really mean. Let your 'yes' be 'yes', and your 'no', 'no'. Your readers will appreciate it.

Late Night Excitement

So, I discovered today that they were going to have a midnight showing of the new Batman movie. Turns out it does indeed rock out in a mighty fashion. Dark, genuinely spooky, at turns gothic.

The theater I went to The Bridge Cinema Deluxe, is located in West Philly, at Penn's campus (and not far from where I work). There was a fairly good crowd, but it didn't look like the whole theater was full. Although the Bridge has some reserved seating available, all I could get online was General Admission, but arriving 20 minutes early easily ensured me a center seat in the third row.

I walked down to 30th Street Station to pick up a Taxi. Unfortunately, my driver got up to Carpenter and Broad and turned left. That's the wrong way down a one way street. A cop pulled us over, so I had to kill 10 minutes as they made sure my guy had a license and such. Looks like his record was clean, 'cause they let him go with a verbal warning.

So now I'm going to go to bed, happy that my classes that don't start until 6 PM.

More Clay Pot Blogging

Okay, so I'm excited about the new Batman Movie. From all indications it eschews the cartoonishness, and embraces the noir.

Oh, and I have a new picture of my growing little plants.

Star Wars Personality Test

Well, thanks to Bill, I've now confirmed that my "outfits and makeup are always fantabulous."

Quick notes on my home decorating

Tuesday I went to finish up my shopping at IKEA. I picked up a long mirror, roman blinds for my window, and a new table lamp to brighten my room. As a consequence, after having lived here for 2 3/4 years, it finally looks like I've finished moving in. The only thing I'm missing is some shelves to put books on. And I'll get them, eventually.

It's been fantastically warm and humid, making it a delight to go outside. Ah, reminds me of running around Nashville during my first summer job.

Anyway, tonight is the last night of class for the week. Woo-hoo Land Use Planning and Civil Procedure II!

New Bed

When I travelled, long ago, from Nashville back to Pittsburgh, I needed to bring a bed with me. Given that Dad and I were travelling in a rented van (if I recall correctly) we needed something small.

Enter my cousin-in-law Jason's waterbed. Back when Jason was a swinging bachelor (that is, before he married my cousin Angie) he had a waterbed. After getting married, the waterbed led a second, unused life, in his garage, and so he kindly loaned it to me.

That bed did fine service in my care from October 1996, until this February, when the mattress (an unbaffled vinyl shell, and therefore utterly transmissive of the slightest motion) began to leak from the bottom (hence nowhere easy for me to patch). So I was presented with a conundrum: was the time to buy a new mattress, or was it time to buy a new bed.

So in March I decided to retire the waterbed, and I threw out the mattress and stowed the frame in my basement.

Yesterday I bought the new bed.

Careful attention to chronology suggests a problem.

And, indeed, for the past two months I've been sleeping on the floor, propped up on pillows.

So, I've just spent two hours putting together another fine product from the folks at IKEA, and am looking forward to going to sleep in a proper bed again.

Neologism Ahoy!

So here I am, minding my own business, when suddenly I was accosted by a neologism!

The word?

AMSTERSLAMMED

Which I sighted at Spiegel International, here.

Now, certainly, it could be misused to describe the consequence of downing too many of these, but in reality, I think this new word belongs in the political science lexicon.

First, I find it euphonious.

Second, it fills a need for a synonym for "coup de grâce" that applies particularly to the political context.

Example (fictional):
Congress amsterslammed the sugar subsidy bill yesterday, defeating the measure in the House by a surprising margin (300 to 20) just hours after a non-binding Sense of the Senate vote had suggested that the bill was in trouble on the other side of the Hill.

Amsterslams signal that a previous unexpected electoral result was not just a fluke, but a real signal that politicians only ignore at their peril.

The Netherlands

Also voted against the EU Constitution. Yay!

Look, it's Eurocrats eating crow!

Star Wars Episode III: Revenge of the Sith

I saw Revenge of the Sith on last Thursday, and I was very impressed. It was a very good movie, and I left the theater feeling quite sad over the fates of Anakin and Padme.

In thirty years, when the series is remade, the future director and writers will undoubtably have fun fixing the six films to actually flow together properly.

[Let me hasten to point out, there's no evidence anyone is clamoring to remake the movies right now. But Lucas created a durable myth, and the nature of myths is that they are remade over and over again. Recall that the Greek tragedies, which Lucas is certainly writing in the shadow of, were rewritten frequently by the ancient dramatists.]