Already, I have had two profession defining experiences. (Sorry folks, this is going to be kind of a personal one. But in a professional context.)
The first relates to the responsibilities of being a lawyer.
I'll never forget the panic in her eyes as she came out of the courtroom saying: "I've got to pick my own jury this afternoon, the judge didn't give me a lawyer." Most of the time when I see or talk to people, it would probably rank as one of the most stressful or worst days of their life. I represent the big scary government calling them to task on breaking a law. The law is a scary thing. Most people do not understand it, they do not understand the procedures and how it operates. Obviously something has already happened to them, or they've done something. They've already been 'wounded' to a degree. And then I get to come along and start it all over again. I have to be gentle (would be the word I guess, maybe tactful?) in dealing with people. Just a measure of clear communication and being nice can make a HUGE difference. I have seen it the other way, and it does not benefit anyone. And in a situation where the person in unrepresented, I have an even greater responsibility. This is not something I have had to learn on the job, but it is the one moment where it has crystallized for me.
The second largely deals with how I act as an advocate.
I'm starting to realize that I have some authority, some leeway to steer people into the results that I want. And even more so, as a prosecutor I would have the actual power to do the same. I need to start being more proactive doing this. One of the pre-trials I ran, the individual came in, told me his story when I asked him. At the time, nothing really stuck me so I followed the general guidelines. Looking back, I should have taken a closer look at his situation and fought for him. Obviously he was guilty. But even at the time, I felt like there were mitigating circumstances. I only helped him as much as the general guidelines allowed. I didn't take my argument back to the other prosecutors and convince them too. All I need is a good reason.One of the Prosecutors that I work with is always telling this whenever she gets the chance. I need to do better. While I am the represntative of the County, I'm also a represntative for that ever amorphous term 'justice'. And sometimes justice is not served by rigid application of the guidelines. do not know why this has stuck in my head so much, but I think it always will.
In general, I'm starting to get more self-confidence. I know what I'm talking about, my ideas are good, my arguments and reasoning are sound, my analysis is spot on and my conslusions are acurate. I need to get better at asserting myself in these cases. This has repurcussions everywhere too. Not only for dealing with 'my team', but dealing with defense attornies and judges too. I have to convince the judge. And I have to dare the defense attorney to break my argument. Being timid will not do. I do not think I've ever been accussed of being timid. But I'm just now starting to put the pieces together into some kind of functioning whole. Mock Trial and Moot Court were both excellent experiences in this regard.
And really, I am glad that I am coming to these realizations now. I can build on them. I can establish for myself, the kind of attorney I am going to be now. And apply that paradigm to everything else I do from here on out.
Saturday, January 31, 2009
Wednesday, January 28, 2009
What's it that they say about hand baskets?
Looks like preparing for a shooting war with India really served the Pakistani state well!
Going back in is going to be much much much more difficult. Any contacts with the military are probably beheaded in mass graves somewhere or sitting at home with acid burned faces...
Going back in is going to be much much much more difficult. Any contacts with the military are probably beheaded in mass graves somewhere or sitting at home with acid burned faces...
Nuclear waste?
What nuclear waste? Oh, you mean the material that we can shove in a new reactor type, completely destroying while generating energy? That stuff? The stuff that can come from a fast breeder reactor that literally makes energy while creating even more fuel for other reactors, the waste of which can be placed in the new reactor type and destroyed while making more energy? That is not affected by the strength of the wind, clouds, night fall and can provide oodles of high intensity base load energy?
Nuclear is the future, anyone who says any different is full of it.
Better discussion over at Next Big Future.
Nuclear is the future, anyone who says any different is full of it.
Better discussion over at Next Big Future.
Monday, January 26, 2009
Hooray! Energy policy shift!
I may not agree with everything. But it's so NICE to have some movement on the energy policy front. And we're going to see how incompetent the previous administration was.
Why wouldn't the Executive branch let the states set their own emission standards? The only issue I see is a Commerce clause issue (as well as preemption with the EPA and various other federal regulations), but as long as the states do not carve out an exception for in in-state car maker they should pass muster.
FINALLY! Forcing a 35 mpg base rate. That's right OPEC. Bite my shiny black president!
And another FINALLY! Coal plants are needed, for a time, but they could be managed so much better and effectively.
The previous administration thinks they did not hesitate to 'make the tough decisions'. I do not see how they can make that argument with a straight face.
Why wouldn't the Executive branch let the states set their own emission standards? The only issue I see is a Commerce clause issue (as well as preemption with the EPA and various other federal regulations), but as long as the states do not carve out an exception for in in-state car maker they should pass muster.
FINALLY! Forcing a 35 mpg base rate. That's right OPEC. Bite my shiny black president!
And another FINALLY! Coal plants are needed, for a time, but they could be managed so much better and effectively.
The previous administration thinks they did not hesitate to 'make the tough decisions'. I do not see how they can make that argument with a straight face.
Sunday, January 25, 2009
Iraqi tribes dominating the upcoming election?
Duh.
Absent any kind of trust and with low levels of security, it's rather obvious that the family and tribe will substitute for secular and, I'd say, religious type parties. While religious parties would have more appeal than secular parties at this point.
Especially taking into consideration that Iraqi (and largely Arab) society is tribe based.
Where else would the political power lie? Political development, well develops! Societies do not just hop out of the box ready to rumble.
Absent any kind of trust and with low levels of security, it's rather obvious that the family and tribe will substitute for secular and, I'd say, religious type parties. While religious parties would have more appeal than secular parties at this point.
Especially taking into consideration that Iraqi (and largely Arab) society is tribe based.
Where else would the political power lie? Political development, well develops! Societies do not just hop out of the box ready to rumble.
Saturday, January 24, 2009
Another detour
This time into Penny Arcade territory.
This. This. This. This.
Hilarious.
An excellent point in the News section of part 4. When you really really try to make it cheesy and terrible. It becomes something special. While not quite 'Plan 9 From Outer Space' (I do not think that was intended). But the result may be similar.
This. This. This. This.
Hilarious.
An excellent point in the News section of part 4. When you really really try to make it cheesy and terrible. It becomes something special. While not quite 'Plan 9 From Outer Space' (I do not think that was intended). But the result may be similar.
Friday, January 23, 2009
Obama Admin I
Hopefully he does more of this. And much much less of this.
The GOP has shown that, at the very minimum, it has no idea what the best interests of the United States are. And definitely over the last eight years it has shown it has no idea how to accomplish anything that it thinks is in the best interest of the US.
"What did the five fingers say to the face?"
The GOP has shown that, at the very minimum, it has no idea what the best interests of the United States are. And definitely over the last eight years it has shown it has no idea how to accomplish anything that it thinks is in the best interest of the US.
"What did the five fingers say to the face?"
Brief diversion
College sports. Lots of money. Lots of attention. Lots of wasted productivity.
I still do not understand how College Football can see the absolute FRENZY that the ENTIRE country is whipped into by the College Mens Basketball tourney causes and not want to get in on the action.
The tourney literally dominates the country for several weeks. Everyone is REQUIRED to have an opinion. Even if it's just "I hate Duke because they're Duke".
How can College Football see that and not say, "maybe there's more money in some kind of playoff format then in what we do now". I mean, did anyone watch Hawaii and Notre Dame in whatever sell out bowl they played in? Wouldn't two other schlub teams get nearly the same viewership and ticket sales? I think so.
So here's what I say. Three week, 6-8 team play off (depending on if you want a bye-week). Starting first Saturday of the new year, going to completion. Keep all the other bowls intact. They can still invite whatever doofus teams they want, if they're not in the top 6-8. Run the other bowls anytime except Saturday night, when the play offs are on.
Do this. And it would become as huge a frenzy as the tourney, or bigger. Since you know, we Americans like football a lot. I mean, we do right?
Alternately. Keep the system the same. But nationally televise the College Women's Beach Volleyball tournement.
I still do not understand how College Football can see the absolute FRENZY that the ENTIRE country is whipped into by the College Mens Basketball tourney causes and not want to get in on the action.
The tourney literally dominates the country for several weeks. Everyone is REQUIRED to have an opinion. Even if it's just "I hate Duke because they're Duke".
How can College Football see that and not say, "maybe there's more money in some kind of playoff format then in what we do now". I mean, did anyone watch Hawaii and Notre Dame in whatever sell out bowl they played in? Wouldn't two other schlub teams get nearly the same viewership and ticket sales? I think so.
So here's what I say. Three week, 6-8 team play off (depending on if you want a bye-week). Starting first Saturday of the new year, going to completion. Keep all the other bowls intact. They can still invite whatever doofus teams they want, if they're not in the top 6-8. Run the other bowls anytime except Saturday night, when the play offs are on.
Do this. And it would become as huge a frenzy as the tourney, or bigger. Since you know, we Americans like football a lot. I mean, we do right?
Alternately. Keep the system the same. But nationally televise the College Women's Beach Volleyball tournement.
Thursday, January 22, 2009
Now this is corporate responsibility.
I wonder how China would handle a theoretical Enron scandal.
Hang 'em high!
Hang 'em high!
Isnt it funny...
How the Constitution has become suddenly "not horseshoes — close doesn’t count" for a lot of the same people who were willing to over look much more serious trangressions by the previous administration.
Maybe hand-grenades they are okay with.
Source.
UPDATE:
I suppose it really is a bipartisan issue though.
Maybe hand-grenades they are okay with.
Source.
UPDATE:
I suppose it really is a bipartisan issue though.
Russia is figuring it out
Looks like Russia is figuring out a warfare 'gray area'.
Actual invasion of Georgia did not amount to much for Russia in terms of it getting what it wanted. Georgia is now more closely aligned with NATO and the US. (Funny, there were about a dozen terms that ran through my head there.)
Cyber attacks on less developed countries in the near-abroad that can have a devastating (shutting down half of the ISP's in a country would be crippling.) And have an affect similar to an actual invasion, but with much less cost and no international outrage or pressure to stop.
Hmmm.
Actual invasion of Georgia did not amount to much for Russia in terms of it getting what it wanted. Georgia is now more closely aligned with NATO and the US. (Funny, there were about a dozen terms that ran through my head there.)
Cyber attacks on less developed countries in the near-abroad that can have a devastating (shutting down half of the ISP's in a country would be crippling.) And have an affect similar to an actual invasion, but with much less cost and no international outrage or pressure to stop.
Hmmm.
Sunday, January 18, 2009
Social networking and police work
I do not know why news stories like this still intrigue me. Big deal, a law enforcement agency is using all of the tools at it's disposal to try and solve a crime. It makes perfect sense, 'The Man' is smarter then anyone gives him credit for.
In my job, which is also law enforcement related, our office uses Myspace and Facebook on a daily basis. It's amazing how people can fall so far off the conventional map, and yet be sitting there plain as day on social networking sites.
Although, it's much harder to get people to respond in the way you want them to. I guess receiving a message from a government agency can be a little off putting. I've found that it's important to put a more 'human' face on your interactions. For the longest time, both of the profiles the office uses were simply bare. A name, no pictures and just the bare bones of information. After going through and putting more personality into the profile, a picture (the state capitol), favorite music (The Clash), favorite quote (I fought the law, and the law won) and the like. Say what you want, but our online persona has one heck of a personality. Overall I have noticed more responses. Not the kind I am looking for, but still, more responses. And, some of them are HILARIOUS.
One of the most interesting things I've been able to do is picture comparison. For some of the cases the office works, we get photo copies of picture IDs. And if you've got a profile picture, or have an open profile with pictures it's very easy to do a 'eyeball' comparison and figure out if it's the person you're looking for.
Heck, I've even been able to delve into someone's larger social business network to try and find them.
I will say that Myspace is a much better source for information then Facebook. Facebook flat out stinks. It's much more tedious to search through any hits you get, and it's much easier to limit your exposure on Facebook. However, while Myspace is easier to find people on, but it's so much harder to not appear to be a Spambot.
Makes you a little afraid of Mr. Zuckerberg's 'Law of Information Sharing'.
It'll make it easier for 'The Man' to find you. And find you he will. And if you give him trouble, he'll find you mom and have her talk to you. Okay, maybe 'The Man' would not. But I would.
In my job, which is also law enforcement related, our office uses Myspace and Facebook on a daily basis. It's amazing how people can fall so far off the conventional map, and yet be sitting there plain as day on social networking sites.
Although, it's much harder to get people to respond in the way you want them to. I guess receiving a message from a government agency can be a little off putting. I've found that it's important to put a more 'human' face on your interactions. For the longest time, both of the profiles the office uses were simply bare. A name, no pictures and just the bare bones of information. After going through and putting more personality into the profile, a picture (the state capitol), favorite music (The Clash), favorite quote (I fought the law, and the law won) and the like. Say what you want, but our online persona has one heck of a personality. Overall I have noticed more responses. Not the kind I am looking for, but still, more responses. And, some of them are HILARIOUS.
One of the most interesting things I've been able to do is picture comparison. For some of the cases the office works, we get photo copies of picture IDs. And if you've got a profile picture, or have an open profile with pictures it's very easy to do a 'eyeball' comparison and figure out if it's the person you're looking for.
Heck, I've even been able to delve into someone's larger social business network to try and find them.
I will say that Myspace is a much better source for information then Facebook. Facebook flat out stinks. It's much more tedious to search through any hits you get, and it's much easier to limit your exposure on Facebook. However, while Myspace is easier to find people on, but it's so much harder to not appear to be a Spambot.
Makes you a little afraid of Mr. Zuckerberg's 'Law of Information Sharing'.
It'll make it easier for 'The Man' to find you. And find you he will. And if you give him trouble, he'll find you mom and have her talk to you. Okay, maybe 'The Man' would not. But I would.
Saturday, January 17, 2009
Hostage negotiation
Has there been a country that has been subject to more 'multilateral negotiations' then North Korea?
I do not know of any.
And look at the results.
I do not have anything against multilateralism, it can be effective. Just not on crazed dictators that have literally nothing to lose. Oh, and has a hostage that just happens to be one of the 15th largest economies in the world. And who might be Immortal.
Seriously, if South Korea wasn't in the picture North Korea would be ripe for 'regime change'. And I dont think the world would bat an eye.
North Korea is basically Zimbabwe with nukes. And there's murmors of 'humanitarian intervention' in Zimbabwe.
I guess it gets less scary if you imagine Kim Jong Il running around his 'palace' or whatever it is that he lives in (castle? underground lair? evil wizard's cursed tower? mad scientist's lab?) yelling "There can be only None!" Like Captain Murphy.
I do not know of any.
And look at the results.
I do not have anything against multilateralism, it can be effective. Just not on crazed dictators that have literally nothing to lose. Oh, and has a hostage that just happens to be one of the 15th largest economies in the world. And who might be Immortal.
Seriously, if South Korea wasn't in the picture North Korea would be ripe for 'regime change'. And I dont think the world would bat an eye.
North Korea is basically Zimbabwe with nukes. And there's murmors of 'humanitarian intervention' in Zimbabwe.
I guess it gets less scary if you imagine Kim Jong Il running around his 'palace' or whatever it is that he lives in (castle? underground lair? evil wizard's cursed tower? mad scientist's lab?) yelling "There can be only None!" Like Captain Murphy.
Thursday, January 8, 2009
America's Folly
WE ABSTAINED FROM THE UN SERCURITY COUNCIL RESOLTUION CALLING FOR A CEASE FIRE IN GAZA!!!!!!
This is just as embarrassing as the vote against decriminalizing homosexuality.
This is just as embarrassing as the vote against decriminalizing homosexuality.
Wednesday, January 7, 2009
Sinper riles and flying drones
I was thinking about this in the pool tonight.
We have C-130 'Spooky' cargo planes converted into a flying artillery piece that is apparently spot on accurate and a great COIN / Special Forces tool.
Could we put a pair of .50 cal sniper rifles on, say, a modified Reaper.
One pilot to fly it, and two shooters to target and take people out?
Maybe not even .50 cals. I've seen FutureWeapons, there are sniper rifles that can shoot A LONG LONG way.
I suppose I was thinking of a way to easily take out rocket / RPG / Mortar teams in a war zone. Keep a Reaper on on station, scanning around and popping people. A sniper rifle round would leave a much smaller footprint then explosives and much less collateral damage.
I can see the idea failing for a lot of the same reasons that conventional bombardment would fail too, along with potentially being ineffective.
We have C-130 'Spooky' cargo planes converted into a flying artillery piece that is apparently spot on accurate and a great COIN / Special Forces tool.
Could we put a pair of .50 cal sniper rifles on, say, a modified Reaper.
One pilot to fly it, and two shooters to target and take people out?
Maybe not even .50 cals. I've seen FutureWeapons, there are sniper rifles that can shoot A LONG LONG way.
I suppose I was thinking of a way to easily take out rocket / RPG / Mortar teams in a war zone. Keep a Reaper on on station, scanning around and popping people. A sniper rifle round would leave a much smaller footprint then explosives and much less collateral damage.
I can see the idea failing for a lot of the same reasons that conventional bombardment would fail too, along with potentially being ineffective.
Tuesday, January 6, 2009
Israel's Folly.
Two things have become clear to me over the last week.
1. Israel has absolutely no concern for it's long term survival.
2. Hamas is still a 'state-less' entity.
Number one: Israel still fails to realize that their fight with the Palestinians is not about rockets, or guns, or infrastructure, or the Hamas leadership. Their real fight is with showing the Palestinians there is a better way.
The blockade of Gaza was supposed to be a time when Israel was to loosen restraints on the West Bank and show the Palestinians that there was a peaceful, prosperous way to advance their agenda. That has not happen.
Are the check points gone? Are sections of the border fence being rerouted so farmers can get to the olive trees? More importantly, has the settlement activity been stopped, and forcibly scaled back?
Granted, I do not have any sources in the Israeli government. But the news sources I follow would surely point out if one of the above were to happen in any degree, and it has not. The only thing that is being slowly curbed is settlement activity. But not to the degree that needs to happen.
Right now the Palestinians are faced with ignoble existence and noble resistance. While 100% of the population will never be for either side, blockades and assaults will tip the balance to noble resistance.
While I'm dead sure The Angry Arab is cherry picking the heck out of pictures, I still have never seen so many pictures of dead and injured children. And what does Israel expect? That Gazans are going to rationally think "Well, it is Hamas's fault". No, they will not. The anger will come at the party that dropped the bomb.
Killing 500+ people in a week is a great way to make friends.
Depressing the economic situation so much that it takes a pittance for Hamas to recruit an insurgent is a great idea.
Giving those same people one hell of an epic grievance is a great idea.
Israel has no concern with it's long term survival.
Number Two: Hamas may wield political power, but they are still a govenrment without a people.
It's obvious that Hamas revels in the suffering of the Palestinian people.
Why wouldn't they? It makes them stronger. Hamas constantly slaps a 'Kick Me' sign on the backs of Gazans, giggles, and runs behing a corner and waits for Israel to kick them.
No legitmate government is going to bring the kind of whirlwind that Hamas did.
Quite frankly, Hamas as a 'governing entity' makes almost all of Gaza's infrasctucture a target. When the government of one nation launches several hundred rockets/missiles at another, that's usually an act of war. The only exception I can think of may involve Mongolia, China and fireworks.
Look at the reaction of Hezbollah. Abu Muqawama gives an few possible answers. I think it mainly has to do with Hezbollah not having any goals to accomplish, and having to sell any moves to an eletorate. They came out of the 2006 war sitting pretty. And it was much easier to sell as an Israeli over-reaction/aggression.
Another god example actually comes out of the 2006 war. Hezbollah was attacked, and Hamas 'opened' another front by attacking Israel.
I think mostly, this points to Hamas not being a rational state actor. They're still nothing more than an insurgent/terrorsit force that has some how coopted the machinery of an electorate.
This may have some COIN ramifications for Israel. I will mull this over.
And man, I hope I'm not just repeating what Stephen Walt has said in the past.
UPDATE:
It's not just the Angry Arab.
Also from Angry Arab: comparative causalities.
1. Israel has absolutely no concern for it's long term survival.
2. Hamas is still a 'state-less' entity.
Number one: Israel still fails to realize that their fight with the Palestinians is not about rockets, or guns, or infrastructure, or the Hamas leadership. Their real fight is with showing the Palestinians there is a better way.
The blockade of Gaza was supposed to be a time when Israel was to loosen restraints on the West Bank and show the Palestinians that there was a peaceful, prosperous way to advance their agenda. That has not happen.
Are the check points gone? Are sections of the border fence being rerouted so farmers can get to the olive trees? More importantly, has the settlement activity been stopped, and forcibly scaled back?
Granted, I do not have any sources in the Israeli government. But the news sources I follow would surely point out if one of the above were to happen in any degree, and it has not. The only thing that is being slowly curbed is settlement activity. But not to the degree that needs to happen.
Right now the Palestinians are faced with ignoble existence and noble resistance. While 100% of the population will never be for either side, blockades and assaults will tip the balance to noble resistance.
While I'm dead sure The Angry Arab is cherry picking the heck out of pictures, I still have never seen so many pictures of dead and injured children. And what does Israel expect? That Gazans are going to rationally think "Well, it is Hamas's fault". No, they will not. The anger will come at the party that dropped the bomb.
Killing 500+ people in a week is a great way to make friends.
Depressing the economic situation so much that it takes a pittance for Hamas to recruit an insurgent is a great idea.
Giving those same people one hell of an epic grievance is a great idea.
Israel has no concern with it's long term survival.
Number Two: Hamas may wield political power, but they are still a govenrment without a people.
It's obvious that Hamas revels in the suffering of the Palestinian people.
Why wouldn't they? It makes them stronger. Hamas constantly slaps a 'Kick Me' sign on the backs of Gazans, giggles, and runs behing a corner and waits for Israel to kick them.
No legitmate government is going to bring the kind of whirlwind that Hamas did.
Quite frankly, Hamas as a 'governing entity' makes almost all of Gaza's infrasctucture a target. When the government of one nation launches several hundred rockets/missiles at another, that's usually an act of war. The only exception I can think of may involve Mongolia, China and fireworks.
Look at the reaction of Hezbollah. Abu Muqawama gives an few possible answers. I think it mainly has to do with Hezbollah not having any goals to accomplish, and having to sell any moves to an eletorate. They came out of the 2006 war sitting pretty. And it was much easier to sell as an Israeli over-reaction/aggression.
Another god example actually comes out of the 2006 war. Hezbollah was attacked, and Hamas 'opened' another front by attacking Israel.
I think mostly, this points to Hamas not being a rational state actor. They're still nothing more than an insurgent/terrorsit force that has some how coopted the machinery of an electorate.
This may have some COIN ramifications for Israel. I will mull this over.
And man, I hope I'm not just repeating what Stephen Walt has said in the past.
UPDATE:
It's not just the Angry Arab.
Also from Angry Arab: comparative causalities.
Monday, January 5, 2009
The great clusterf#$% of early 2009
Good luck Obama! I do not know if Hope is going to bring the Israelis and Gazan Palestinians back to their senses.
While I do not have much specific commentary yet (I am mulling over some commentary on the sheer buffonery of both sides) I do have this to say.
Maybe these strikes have less to do with missile fire then with:
Hamas snipers with night vision scopes/goggles.
Hamas having stocks of longer range, more powerful and more sophisticated Chinese missiles.
The Chinese missiles scare me more. Shows resources, means and a way to get it into Gaza. A sign of their potential capacity.
While I do not have much specific commentary yet (I am mulling over some commentary on the sheer buffonery of both sides) I do have this to say.
Maybe these strikes have less to do with missile fire then with:
Hamas snipers with night vision scopes/goggles.
Hamas having stocks of longer range, more powerful and more sophisticated Chinese missiles.
The Chinese missiles scare me more. Shows resources, means and a way to get it into Gaza. A sign of their potential capacity.
And we're back!
Well, maybe.
Due to finals, work, the holidays as well as some 'personal issues' I have been on hiatus for a while. That may or may not change. As this blog as remained completely non-personal, so shall it remain.
Due to finals, work, the holidays as well as some 'personal issues' I have been on hiatus for a while. That may or may not change. As this blog as remained completely non-personal, so shall it remain.
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