Thursday, November 27, 2003

Light lunch:
Garlic green beans
Mashed sweet potatoes
Cranberry sauce
Mock salmon
Stuffed squash
Applesauce pie
Bach, 7 relatives.

Wednesday, November 26, 2003

Out: crescateer. In: cres-cat.

(I am away from my computer and the link button doesn't seem to be here, fix later.)
Volokhs mock this bit.. maybe because bernie says he no longer carries, but i think he is right on target
about violence to animals. Termites excepted.

Blogging light while traveling.

Tuesday, November 18, 2003

Over at ballots.blogspot.com, I have a rough draft of an essay on the right to anonymous political speech. I'm right, but not sure if my essay has any persuasive value. Feedback welcome. (via email, until i get some comments installed.)

Sunday, November 16, 2003

ethics for blogs, which i will follow some of the time.
1 If you mention something that is on the Net somewhere, link to it.
2. Once you have posted, do not make substantive changes to the post. Add an UPDATE if necessary. Typo corrections and stylistic changes are accepted. Some bloggers put a time limit on how long after a post they will make nonsubstantive changes but there's no consensus opinion on how long that is yet.

3. If you find something through the direction of another blogger, credit the blogger. Often, this is done in the
form (Hat tip: ----). Many people actually include full sentences such as "I read on ------'s blog that . . . ."

4. There are varying views on how much control the blogmaster should have over comments. It is generally agreed that the comment policy should be prominently displayed on your blog for all to see.

If you choose to follow BLAP, you can proudly display the BLAP logo on your blog with a link to the list. If you don't choose to follow BLAP or trumpet the fact that you follow BLAP, it makes no difference to me.

Saturday, November 15, 2003

My friend wil showed me this Colgate Money Shot story. Not wil the pornographer/lion tamer, and not Will the Crescateer.
(I don't know if we're friends or not, but he's sent me some nice emails recently.) That other one. The one who got me blogging - oh, cool, ok,
Wil da Blogfather. In whose comments section I just posted the below. meanwhile, it's saturday night, quarter to 12, and the techno is starting to pound from next door, so I have to go get ready for the black mass in the garage.

Today's been busy. Robbed at knifepoint. I'd called 911, so the guy -lonnie, april's cousin, same guy who stole the lawnmower last summer, and a henchman, took off as the cops showed up. Cop was the usual rude abusive routine, got really hostile when i wouldn't give my ssn without a privacy act statement. A McLemore Car B259, case number IP03114670. Indy policy is to give the theives a 10 day head start before assigning it to a dectective, who will do nothing, and be very offended if you suggest otherwise.
Then we, Joell and Jesse, went to Golden Corral and then to an art exhibit at the canary cafe. I finally got to meet the artist's sister and littlest nephew, and Gregg was there and Joell's sister Jackie who I hadn't seen since she kicked heroin. I hope to scan the postcard from the exhibit, which was of my favorite piece, a vase of roses in oils. I forgot to tell the niece how much I liked the Hillary Duff video - she's a fan.

(Wil wrote about a comedy scetch sch... bit... about "too hip for the room.")
I think the hipster thing would be even funnier if it were a real product, and actually for sale, and have people not be sure if you are just mocking them. I haven't seen the um xray specs infomercial, but it could include digs at that, sort of giving the impression that you'll have a new product every month, like that mega-everything kevin guy. Perhaps you could delegate this task to your army of monkeys, open source ronco. Whether you sell 3 or 3000, it's just funnier that way, to me.
Along those lines, if you care to say, the first db printing was 2000, but i'm unclear on whether the 2nd and 3rd were also for 2000, or you scaled up.

Posted by arbitrary aardvark at November 15, 2003 08:26 PM
p.s. and you could hold auditions for has-been celebrity guest cohosts, like, say, rick berman.

woohoo, linked at alas a blog. not permalinked, but could equal traffic.

Interesting post at alas a blog re gender identity. quote:

Core identity (how you see yourself)
Biological sex (the official opinion of who you are)
Sexual/romantic attractions (who you gravitate towards)
Sexual/romantic attractiveness (who gravitates toward you)
Gender expression (mannerisms, clothes, affinities, interests)
Social perception (what conclusions people tend to make of you)
So for Jasperboi it lines up like this:

Core identity Androgynous boy
Biological sex Female (and yes I do know my karyotype, I'm a child of the 80s!)
Sexual/romantic attractions Androgynous men, masculine gay men, feminine men, masculine women
Sexual/romantic attractiveness Gay men, lesbian women, very young straight women
Gender expression Androgynous pansy dandy butch
Social perception ???????/sir/ma’am/pretty boy/butch lesbian/barely legal gay boy/?????

So for me:
Core: androgenous boy
Biological sex: [ask if you need to know]
Sexual/romantic attractions - twinks, dykes, waifs, kids, geeks.
Sexual/romantic attractiveness: men, aardvarks
Gender expression: manly voice, androgenous clothes, barfly
Social misperception: monosexual

Baude, Will, crescateer, writes about a cocaine using bus driver: should his doctor rat him out?
Considerations: maybe being angry paranoid and threatening is a good set of skills for a bus driver? I'm gonna take a wild guess here, that Will hasn't known too many habitual coke users. There tends to be rapid deterioration.
In this case, the doctor hasn't ok'd him to drive, so what's the issue?
Further, shouldn't the concern be whether he's doing his job? Or is this a union gig where you can't get rid of a bad apple except by accusing them of drugs? I'm a bad driver, angry, paranoid, threatening, when I've had too much coffee. I stopped driving a year ago, because I have concerns about my competence. I've never taken a job that involved driving kids, just packages. It's a level of responsibility for others that I don't want. I'm less risk-adverse about myself.

Here, the doctor should cover her ass, by getting the lawyer to take responsibility, in writing.

Snarky extra bit: we know from Roe v. Wade that doctor-patient confidentiality is more important than busloads of kids being killed.

slow connection, lost my last post. so i hesitate to start a new one, on baude on ely. will, who might be my fave blogger atm, quotes ely and it's good, funny and readable, sort of like peter singer or nozick. i'd lumped ely in with what i remember as dull, like ronald dworkin. ah, that's it - john hart ely is not hla hart, or some such. it's also possible that the dworkin isn't as dull as i found it at 20.

Here's a coment I just posted to the extreme ashcroft thread at alas a blog:
Polyamory? Check.
BDSM? Check.
Role-playing geekery? Check.
Star Wars geekery? Check.

Thanks everybody. I hoped if I could get jim to write about extreme, it might get some discussion going, but this is more than I expected.
Deliberately provocative:
Ok, instead of vanilla, how about mundane?

Vanilla is the flower (or bud?) of an orchid from madagascar, which has a rich diverse ecosystem including lemurs. As I blogged at http://vark.blogspot.com, sometimes I use vanilla extract instead of perfume. I don't know whether the vanilla industry is good or bad for the lemurs. Vanilla ice cream, on the other hand, involves the oppression and abuse of female and young bovines, so I don't buy it for the same reasons I don't buy porn. Supporting the farm animal reform movement resists rape culture.
I used to think 'thought police' was just an expression, but showa-era japan, and there's a rape culture for you, really had thought police.
Suprisingly effective too; Japanese intel at the beginning of the war was much better than the allies', before enigma was cracked by the nsa
(see crypotonomicon.)
I believe that empowering ashcroft does more to support rape culture than empowering lizzie borden does. It's a 'lesser evil' problem.
I'm not completely insensitive to rape. My ex was raped in 1981 at knifepoint by Mohammed Zabeeb, on the hill across from CU Boulder. The Boulder police wouldn't even take a report. The percent of convictions for reported rapes is far less than 30% - I'd guess 1-3%.
Ashcroft is about putting people in jail for their speech or what they eat or drink or smoke, and doesn't seem to be doing anything to combat prison rape, another rape culture.
If freud was onto something in thinking our preferences form as young children, maybe one way to change rape culture is to work harder at protecting young males from violence and abuse from their parents and caretakers. In the ghetto, where I live, a lot of mothers seem to hate their children, hit them and scream at them, and those kids grow up angry and hurt, drop out of school, look for victims for their anger, go to prison, and learn to become professional rapists/gangsters. I'm not certain how to break the cycle of violence, but I think diet, the daily violence against animals, has a lot to do with it. Again, great comments here. There's a community going on in this blog, that I didn't know about before. I participate in a few other online communities, such as http://chatter.monkeylaw.org. I am hoping to find some tech support to build a .php forum which would have places to comment on some of the blogs that don't currently have comments sections. If that happens, I'll invite you all to stop by.
- arbitrary aardvark

Posted by arbitrary aardvark at November 15, 2003 02:43 AM

To do: figure out how to install permalinks and comments.

Lis has another great link, to a paper her partner wrote about geek identity as gender.

Lis linked to this story below. The comments at alas a blog on the extreme ashcroft thread are about to break 200. Some of the discussion is high quality, so less so. Someone took umbrage at my use of the term vanilla. For the record, I tend not to use perfume, i'm more likely to splash on a little vanilla extract or angostura bitters.

He's here, he's queer, he can't get not-for-profit status. Harvey Silverglate passes along this absurd story from the New York Law Journal. It concerns one Christopher Barton Benecke, who considers himself to be "gay, lesbian, bisexual and transgender" (all four?), and who wants to obtain not-for-profit status for a group that he founded called Queer Awareness.

It looks like it's not going to happen. Benecke ran afoul of the language police who work for the state of New York. They ruled that the word queer is indecent and degrading, and therefore is banned by a state law governing the names of not-for-profit corporations.

Thus, for Benecke, the price of being queer includes not being able to claim tax-exempt status.

Benecke is suing on First Amendment grounds. Needless to say, he should win.

I'm here. I'm queer. I'm a first amendment lawyer. I wasn't trying to be offensive in my a.s.b.-type usage of vanilla. If I was trying to offend, I could just express a few of my opinions on kid-porn.

Friday, November 14, 2003

The Clerk, guest posting at crescat, supports the legality of the VFW's exclusion of Veterans for Peace from a Veteran's Day Parade, relying on Hurley.
As a bisexual (aardvarks and humans), I think Hurley is a good case, correctly decided, on freedom of association grounds. This case, though, may be factually distinguishable. "We'll refund their $10", parade sponsors said.
I wasn't there and may not have the facts right, but what I think I'm hearing is a breach of contract claim. The damages are not rescision, return of the $10,
but expectation damages, whatever a jury finds it was worth to the veterans for Peace to march in the parade, which is intangible and could be millions or zero or $1, depending on the jury. I don't know why blogger doesn't have spellcheck, rescision looks iffy, rescission?

I got really marshmellow last night. Hi Mom.

http://www.feministe.us/blog/archives/000424.html continues the violent porn thread I started at crescat which lives on at vice squad and alas a blog.

Alien language requirements: Some schools are renaming foreign language requirements, language requirements. Eugene thinks this is silly. I disagree.
People who live around San Diego tend to speak English, Spanish, Chinese,
or American Sign Language. There might also be a few Commanche or Apache speakers. We study these languages so we can speak to each other. I don't study English so I can visit England, or Spanish to visit Spain, or Latin to visit Latin America or the Vatican. I wish I knew Spanish, so I could talk to more of my neighbors. I wish I knew ASL, so I could talk to that cute guy at the club.
I studied Latin to learn grammar. Calling these 'languages' makes more sense than calling them foreign languages, and it's economical. Was the change made as the result of PC zealots? Probably, but let's not employ the Mussolini fallacy.

Sex change pill.
Volokh and coconspirators are writing about hypothetical pills to change one's sexual preference, for example to be more or less interested in motss, or in kids (little goats or little boys.)

He refers to some of those studies that have "cured" gays.
My take on this, as an out bisexual since 1978, is that the number of people who identify as bisexuals is small, compared to the number of people who have had bisexual desires or behaviors. Most bisexuals end up identifying as either straight or gay, and are in the closet. Given incentives, a closeted bisexual might change closets, from gay to straight or vice versa. The cost of doing so would be less than for a monosexual. My hunch is this explains the cured gays. They weren't gay and they aren't cured, but aside from that...

I think Eugene Volokh misunderstands the Privileges of the Shore, protected by the Rhode Island constitution. The privilege to gather seaweed is like a right, and is not an obligation. Or maybe he's pulling our leg. Access to the shoreline, including such activities as fishing or harvesting sea vegetables, is a serious issue in water law, and an approriate thing to put in the constitution of a coastal state.

If a stream can be navigated by a radio-controlled toy boat, is it a navigable water,
with a common law right of access in some jurisdictions, or do we still apply a canoe test? I remember being a kid, I wouldn't play in other people's yards, but I would follow the creek. My intuitive sense was that a creek is like a river, and a river is like a highway, and I had a perfect right to be there. Including the time I got caught in a muskrat trap.

Nebraska bans partnerships?

The challenged Nebraska constitutional provision,
Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domstic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.

Most states recognize sole proprietorships, partnerships, and corporations as the usual forms of business organization. Many people own their domiciles as sole proprietorships. I am unclear whether owning a domicle as tentants in common or as joint tenants creates a domestic partnership. In the gay marriage discussion, I often ask, well, what is it they want to do that they can't do with a well-drafted partnership agreement?
But partnership agreements are a good idea for lots of people, especially those who share housing - banning domestic partnerships goes way beyond gay couples. Sure, we know it's a buzzword. But they put it in the state constitution, which requires fairly literal construction. There may be serious full faith and credit clause issues here. I suppose the "uniting of two persons" phrase could be construed to mean that they don't really mean partnerships after all. Haven't read the opinon, which was based on a losing bill of attainder argument by plaintiffs.

Thursday, November 13, 2003

Comment on Volokh's wierd possible incident story:

"'Today, we can say that these little people are the root of evil,' said Theodorakis, 78, a committed leftist and political activist who was jailed under the fascist junta that held power in Greece in the late 1960s and early 1970s."

The junta was installed by LBJ's CIA. Source: Phillip Dean Gigantes (sp?), author of "I Should Have Died" and "Greed." Gigantes, a retired Canadian senator, dying of cancer last I heard, journalist and diplomat, was there. I know less than I should about that era, waiting on Robert Caro's 4th LBJ book any decade now.

No comment yet from the national association for the advancement of midgets.
It isn't clear what Theodorakis said or meant or was translated as saying, so let's not prejudge without more.

Volokh cites the WSJ P.1 (11/13/03?) for this plan to beat bush:

(1) "Neutralize Bush's national security edge by fanning doubts about his Iraq policy." I'll need an Iraqi translator and a copy of Red Dawn.

(2) "Craft economic attacks that can work even if the economy keeps improving."
"The Bushes: throwing money at the problem since 1923." From Prescott to George to Dubya, the Bushes stand for deficit spending, more regulation, less freedom.

(3) "Dent the president's reputation for honesty and competence."
Bush is a liar and an oathbreaker, but more honest than clinton. He is competent at raising institutionalized graft, and at rewarding the special interests that give it to him. About par with clinton on that.
(4) "Mobilize Democratic partisans in 17 states that Mr. Bush barely won or lost in 2000." Maybe the partisans will be motivated by the legalization of homemade machine guns. Take that either way.

(5) "And maneuver around the new campaign-finance law by redirecting now-banned big donations away from the Democratic Party to a new set of groups that will coordinate attacks on Mr. Bush."
I will plan to set up an e-gold account to accept anonymous contributions for
criticising Bush. I'll spend the money as it suits me, and not in coordination with any Democratic (or other) campaign.
One little project for the first grand in donations could be to develop the "beat the Bushes" board game.
Ok, kids, let's put on a show. This sounds like a game plan to me. Let's roll.

(1) "Neutralize Bush's national security edge by fanning doubts about his Iraq policy."

(2) "Craft economic attacks that can work even if the economy keeps improving."

(3) "Dent the president's reputation for honesty and competence."

(4) "Mobilize Democratic partisans in 17 states that Mr. Bush barely won or lost in 2000."

(5) "And maneuver around the new campaign-finance law by redirecting now-banned big donations away from the Democratic Party to a new set of groups that will coordinate attacks on Mr. Bush."

I just explained to my friend wil vackir what a blog is. Look out, world.

Gee, you can buy a blog off the shelf now.
This was from a blogger ad.
Perhaps I should offer to provide content for those firms who buy their blogs prepackaged. Sure, for $10/hr. I'll update your firm's blog, saving valuable associates' time. $20/hr if I don't get to make snide coments.

...awMarketing, a leading provider of online marketing services to individual attorneys and law firms, now offers:

Blog Implementation Services

What's a blog? If you don't know, you're missing out on one of the hottest legal marketing tools around.

Among other things, blogs can help individual attorneys and law firms:

secure higher search engine rankings
raise their profile with the media
demonstrate their expertise to prospective clients.
Don't just take our word for it. Click here to see a recent article on blogs posted to the American Bar Association website.

To view sample law blogs designed and launched by eLawMarketing and our joint venture partner, the Law Marketing Portal, click on any of the thumbnail images in the righthand column.

Our blog implementation services include the following:

implement blogging environment, including software selection and hosting arrangement

design a blog template that matches the look-and-feel of your website

train attorney in basic blogging tasks such as posting entries and adding links

promote blog, including submission to search engines and blog directories, and publicize launch to other attorney bloggers.
Ready to get started? Click here to have someone contact you today. Or call us toll free at

Ask an aardvark, http://www.aardvark.co.za/, is mostly a google search engine with some ads.
Still, that's an awfully aware aardvark. AI, aardvark intelligence.
More aardvark resources to follow, arbitrarily.

I'm glad i started this. A person could have a whole blog just to respond to all the cool stuff at the Volokh conspiracy. I went out, came back, and there's a few new things.
A game plan for beating the bushes. I call dibs on making it into a board game.
A Kozinski decision legalizing homemade machineguns. I have an uncle Robert Stewart, but I don't think it's the same one. Kasinski (sp?) was homemade bombs.
Constant Comment
Jacob Levy is thrilled by an english translation of a book by Madam de Stahl's boyfriend. He admits 90% of us won't know why, i'm in that group.

Oh, I'm not opposed to cobloggers if anyone's interested.

Stuff that could go here later:
A second tier of blogs, the ones that aren't my daily reads, but that I check out now and then. The Clerk, Atrios, Eric S Raymond, Jay Manifold, that sort of thing.
Indiana blogs. Marcia Oddi, Aude Sempere, etc.
Blogs by women. Right now I'm reading blogs mostly by males, which means I'm missing half the story, so I want to act affirmatively to seek out perspectives I might be missing. Blogging is a male behavior because we are like chimpanzees. While baboons compete for social status by being bigger meaner and uglier, chimps compete by being funnier, smarter, more clever, friendlier. Chimps are attention whores.
Some humans compete for social status by emulating baboons. Bush, for example, may look like a chimp, but acts like a baboon.
Other humans emulate Orangutans, solipcistic shy woodland creatures, barely able to deal with others long enough to procreate.
Each of these is a survival strategy, an ethic. Different species employ different strategies, seeking a niche in the ecosystem, and out of that an ecology emerges. I tend to talk a lot about evolution and memetics.
One of the main memes I'm interested in promoting is that ecosystems
and markets are the same thing, two facets of an irregularly shaped object rather than two sides of a coin.
When liberals say markets fail and should be replaced by state action, that's like saying jungles fail and should be replaced by monocrop agriculture. Is it like saying chimps fail and should be replaced by baboons?
I first developed a hunch that markets and ecosystems are the same as an undergrad, but Karl Hess Jr.'s book brought it all together.
I didn't learn till later that Darwin's Origin of Species was inspired by Adam Smith's Wealth of Nations.
Evolution is a characteristic of complex systems,which are studied by systems analysts. Stars evolve, generating planets. Life evolves on the planets, generating ecosystems. Ecosystems reward intelligence, as in the chimps. Intellegent life generates language and culture and markets.
Markets and culture generate technology and machines. Machine evolution generates computers and software. Given markets and culture and computers and software, machine intellegence evolves,
as do human/machine interfaces. The rate of change speeds up, approaching the singularity, which may happen in my lifetime. The post-singularity generates a more self-aware universe, and maybe leads to the ability to create new universes, in which stars evolve. See beginning of paragraph.
We live in interesting times, eh?
I did not know, as I began the paragraph, that an explanation of why males blog, would lead to a full on rant about cosmic evolution.
But that's where I'm coming from. Around 1980 I did a tab of acid and had a vision about evolution, so I'm a sort of visionary dreamer madman type.
I believe in democracy and the marketplace of ideas and the idea of marketplaces.
I want people to start acting less like baboons and more like chimps.
So I fight against censorship of election speech, for fair ballot access, for constitutional rights, against the baboons like Schumer and McCain and Bin Laden. I understand each of them is fighting for their own conception of the good,
and we are just having minor squabbles over tactics.
In the day to day battles in the trenches of this fight, I tend to lose focus on the bigger picture. I'm glad I wrote this. On the other hand, I need, now and then, to turn off the computer, and remember to attend to other stuff. I blogged all night, slept late, and got up too late to do my chore for today, which was to go downtown and pay my attorney dues. I've also forgotten, for example, to get a job, get married, have kids, that sort of thing. All for now. -30-

There was a knock on my door just now. A friend who I've been mentoring dropped off a paper,
Substance Abuse and Domestic Violence: Effective Treatment of Women who are Dual Diagnosed.
She fell of the wagon the other day and I probably won't see her for awhile while she's in treatment.
That's exactly what this blog is for, personal stuff that doesn't fit in an election law blog, but I want to write about, get stuff out of my head and into print. That doesn't mean that this will be a "what I had for breakfast" sort of blog. I have other, unpublished, blogs for my personal life. This is a blog of ideas and memes.
Eric S Raymond (ESR) taxonomizes blogs into thinkers, linkers, and diarists. The emphasis here is on linking, in that most posts will be reaction to other posts or memes elsewhere, but it's aa mix of all three types.
As I type, I am interupted by the sound of about 40 bottle rockets going off. At least it's not mortor fire. Unlike most bloggers, I live in the hood,
the wrong side of the tracks in a city in the midwest.

By really important blogs, of course, i mean ones like these.
Soapbox - my election law blawg.
Crescat Sententia the chicago school of blogging.
Volokh Conspiracy
Rick Hasen
How Appealing
Wil Wheaton

Welcome to the lair of the arbitrary aardvark.
arbitraryaardvark -at- themail.com.
Some of the really important blogs don't have comments sections, so I end up posting at my election law blog which maybe detracts from its utility as an election law blog, so I thought i'd start a new one. No promise to keep it up, I have a few too many blogs already. I want to replace this with a .php forum, but that will need skills I lack.

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