Why do some people think they have Authority?

Why do some people in society think they have authority over others? I'm not talking about the Police or Firefighters or the army or civil defense officers, Im talking about people from certain sectors of society, who think they have the right to tell people what to do.

Here are some examples.

Take those jackasses from Destiny Church, the media was filming a conference in which they were attending, the speaker of the conference had a heart attack and was rushed to hospital.

For some reason, Destiny Church, thought they had the right to physically detain the cameracrew, locked them in a room and not let them out until they hand over their camera equipment, what is wrong with these people? Shouldn't this be a case of detainment and theft?

Personally, I was outside a bar in Christchurch a few years ago, there was a scuffle, and a young man got hit by a famous sports person, the man's girlfriend started to ring the police on her cell phone, just then a bouncer from one of the bars ran up to the girl, took her phone and said "You cant call the police, he is ***** ****.

What right does a bouncer have to take someone's cell phone and stop them for calling the police?

Another small incident was, when I was a teenager I worked at a certain fast food restaurant, which frown upon people socializing with each other after work. I was out with a good friend, out of work hours, about to enter a movie, when we saw one of the restaurant managers enjoying a night out, he came up to us, and told me, we weren't allow to go into the movie together?

Yet another incident involved the Unions, they were having a wee protest march down a main street in chch, when one donkey came up to me, shoved a bucket in my face and asked for a donation, I told him, no thanks, he then said, "well your not allowed to past"

(Did he think he was part of Lord of the Rings?)

What is it with some people, why do some people think they have the right to detain you? take away personal property, tell you who or who you cant call, or physically stop you from going somewhere.

If your a member of a church with a cheap imitation Tony Soprano jacket, a bouncer at a local bar, a Union member, or a fast food manager, you have no power whatsoever over members of the public, why is that so hard to understand???

If there was any justice in New Zealand, those members of Destiny Church that detained the camera crew will be in jail for a long time because they are criminals.

But its up to the public, not to take BS from people, and I'm still wondering why the TVNZ camera crew did what these donkeys told them to do?

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Lagan and Aimee - Dressage

These came into my inbox over the weekend. They look good together don't they. They qualified for HOTY the weekend these pix were taken. Well done Aimee and Lagan.

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Random Thoughts on Various Subjects

1. GEORGE CLOONEY

George Clooney busted up with Sarah Larson after one year. Not sure why. There's a lot of speculation that she pissed George off by talking publicly about their relationship or because pictures are surfacing on the internet of Larson in the nude. Who knows? I just know that Clooney is always going to be a bachelor. Smart guy.

2. GREAT RACHAEL RAY QUOTE

I've just sort of gone with the flow and I ended up here. Crazy. I'm not going to start planning anything, my life is way better than anybody could have planned it.

Amazing woman.

3. SCOTT McCLELLAN

I'm glad that McClellan wrote a tell-all book where he drops all the shit he knows on Bush. What I think is ludicrous is the idea that this guy is a "hero." He is an opportunist cashing in on a bestseller.

4. GAS PRICES

I shy away from economic predictions because they are almost always wrong. But I hope George Soros is right when he says that gas and oil prices are in a speculative bubble that will pop. I think we will see cheap gas again.

5. CHARLIE SHEEN

Charlie Sheen is an idiot for getting married again. He is still dealing with shit from the last marriage. Glutton for punishment. This will be his third trip to the altar.

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Reilly's Paddock Antics

Today was another lovely sunny Wairarapa day so the horse's rugs all came off and I snapped off some shots of my little ratbag enjoying the sunshine.

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PRINT-Blink by Malcolm Gladwell

Malcolm Gladwell's Blink is about instinctive thinking. It deals with intuition and gut reaction. The book is evenhanded showing how this type of thinking can be positive, and how it can be negative.

Gladwell points out that more deliberate thinking involving logic and data leaves out a great deal of this subconscious processing that goes on in our brains. He gives an example involving how experts were easily fooled by counterfeiters concerning some ancient Greek statuary. Other more trained eyes immediately spotted the counterfeits. How did they know? They knew in their guts.

The flip side of this thinking is when people make prejudicial decisions based upon things we know to be erroneous such as sex or race or the way someone looks. Gladwell noticed how he got more harrassment upon letting his hair grow out in a wild fashion. I noticed similar things when I elected to shave my head. People react to you differently.

At the end of the day, it is evidence that is the final determinant of whether or not that gut reaction is valid. Intuition is a good starting point and should never be dismissed. But you still have to verify. This is the message I took from Blink, and it is a good one. I recommend this book.

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"Friendly" Confines = Confines with a Civility Code?

Yet another fan speech controversy is brewing, this one in the left-field bleachers at Wrigley Field. Cub fans have been booing Alfonso Soriano for his poor defense, which prompted Cub officials to warn fans that "any profane or inappropriate comments" toward Soriano would result in immediate rejection. (H/T: Adam Wasch, Sports Law Blog reader and president of the FIU Sports and Entertainment Law Society).



Nothing actionable here because Wrigley remains privately owned (although a move is afoot to try to get the State of Illinois to buy it, partly to keep new and despised Cubs owner Sam Zell from selling naming rights). But this example captures problems inherent in all the attempts to regulate fan speech. This is ground I have covered before, but it bears repeating.

First, "inappropriate" is vague to the point of meaningless as a standard. Inappropriate in whose eyse? The usher's? Soriano's? Some might argue that booing the home team always is inappropriate.

Second, profanity is the coin of the realm in the bleachers at Wrigley Field. The left-field bleachers were my area of choice in my Chicago days (because, after all, Right Field Sucks). And, in fact, the Cubs have gone out of their way to promote and market this image of the Bleacher Bums and their interactions with the players, fully recognizing that profanity and pointed criticism (clever or otherwise) always have been part of that. Yet now, when the fans' ire and "wit" have turned on their own, sensitivity and civility suddenly is at a premium. And again, note that it was "profane or inappropriate" comments. This was not just about stopping profanity.

Do you really want to stop fans from criticizing and jeering the home players? Do not bother trying to stop fans from speaking out. Instead, engage in a little counter-speech, Lee Elia-style.

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Why Cricket is not a Gentle Game

This short clip, shows you have to be pretty tough to play cricket. This is a high motion video of a cricket ball breaking the rim of the helmet of batsmen Daniel Flynn and thus doing him serious damage to his face.

He actually managed to walk off the field, but has been in a bad way ever since, the accident happened last friday.

He had a bit of a relapse today, but should pull through. A cricket ball is much harder than a baseball, so you kinda know what kind of pain this poor man has been in the last few days.

Unfortunately, according to our news tonight, there is more damage than first thought, he is going through pain and the doctors say he shouldnt be in any. So thoughts with this fine sports person from New Zealand

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Intentional Tort of Last Resort Alert: Clemens Adds "Outrage" Claim to McNamee Suit

Yesterday, Roger Clemens added a claim for "Intentional Infliction of Emotional Distress" to his lawsuit against former trainer Brian McNamee. Prior to this, Clemens claim was based on defamation (false statements harming his reputation).

Intentional infliction of emotional distress ("IIED"), also known as the tort of "Outrage", is the new kid on the intentional tort block. A defendant can be liable for IIED if she intentionally (or recklessly) engages in extreme or outrageous conduct causing severe emotional harm to a plaintiff. Conduct meets the requirements of the tort if, when recounting what happened to an average member of "the community", one would produce the following response: "OUTRAGEOUS!" This is essentially a "oh no he didn't" standard for imposing tort liability. Such conduct must be more than mere insult or "petty oppression", but must be the sort that is utterly intolerable to a civilized society.

This is the first good piece of lawyering I've seen out of the Clemens team. His defamation claim is both a loser and a disaster. A loser because even if Clemens never used steroids (i.e., it really was B12 vitamin McNamee injected into his all-star client), the Constitutional dimension of defamation requires a showing that McNamee was at least reckless as to the truth or falsity of the statements he made (since Clemens is clearly a "public figure"). In addition, many of McNamee's statement's, made in the context of government investigations, would be subject to a privilege and could not lead to liability. The defamation claim was also a strategic disaster, because by claiming McNamee harmed his reputation, Clemens made his own character and reputation an issue. Apparently underage mistresses, mental stability, and the like, all become an issue. And in the defamation case, Clemens could be called to the stand to answer frank questions about performance enhancing substances, and, if he lied, prosecuted for perjury.

The IIED claim, however, avoids many of these pitfalls. Was the anything "OUTRAGEOUS!" about what McNamee did? Certainly there is nothing unusual, or intolerable, about alleging that a professional baseball player was on the juice. They all were, whether there was anything wrong with that or not. But here's what McNamee did that is so odd that I might be inspired exclamation: He kept dirty bandages, and Roger's bodily fluids, in sealed bags for years, just in case he might need them later. This is Monica Lewinsky not taking the blue dress to the cleaner, and it is shocking. If I learned that my doctor or trainer had kept my medical waste for years, well, I would have something to say about it.

Put on the stand in an IIED case, Clemens would not have to testify about whether he used steroids or not (assuming the defamation claim is by that point dismissed, which I think is a safe assumption). His reputation would not be an issue. The only major hurdle would be demonstrating that he did in fact suffer the "severe" emotional distress IIED requires. But on that issue, he would likely get to a jury.

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SORAYAMA, unknown

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Economic Illiteracy

The thing that separates libertarians from the rest of the political world is that libertarians have a keen understanding of economics. Talk to any Democrat or Republican, and you will find them to be clueless fucktards on economic issues.

I can tell you that this country will never come around to a pro-freedom direction until the public becomes educated on economics. This does not mean they have to have Ph.D. level knowledge on this shit. But they should have some basic clue that the miniumum wage is not good, trade deficits are not bad, government does not create wealth, and taxation has a way of depressing economic activity that would be beneficial to both prosperity and government revenues.

People have an intuitive grasp of economics because they practice it everyday. Most people know nothing about comparative advantage, but they practice it everyday when they call a plumber to fix their shit instead of doing it themselves.

Correcting widespread economic illiteracy will be difficult, but I don't think we have a choice on the matter. The reality is that many people such as movie stars, rock stars, talk show hosts, or whatnot are very good at calling attention to environmental and social policy concerns they may have. Unfortunately, most of them are shitheaded. But they prove that there can be mass changes of mind among the populace on key issues. They just happen to be the wrong ones. We just need some folks to do something concerning the right ones.

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The Bioethics of Oscar Pistorius Competing in the Olympics

Last week, Geoff wrote an excellent post on whether double amputee sprinter Oscar Pistorius should be able to compete in the Olympics. Over Blog Bioethics, Dr. Arthur Caplan, Chair of the Department of Medical Ethics and the Director of the Center for Bioethics at the University of Pennsylvania, has a compelling analysis that largely argues against allowing Pistorius to compete. Here's an excerpt:

Continuity with history

Pistorius' amazing drive to compete may cause an even more troubling problem.

Sport demands continuity with its own history. If you make technological changes in the equipment — swimsuits, pole vaults, running shoes, skates, skis, baseballs, bats, playing surfaces, etc — then you undermine the ability of today’s athletes to be compared not only with their peers but with their predecessors.

Similarly, if people with artificial legs, artificial eyes that permit exquisite focus, pharmacologically enhanced muscles or emotions, or brain implants that permit unprecedented concentration or endurance enter into competition, then you no longer have a sport. The athletes are not comparable to those who attempted the same feats in earlier times.

We don’t expect to compare the performances of today to those of the ancient Greeks, but we do expect some ability to compare what happened today to be compared with what happened yesterday, a year ago, a decade ago or even 50 years ago.

It may be fascinating to see who can go the fastest on rocket-powered legs or throw a heavy weight the farthest using performance-enhancing drugs, or genetically engineered muscles. But what you have then is an exhibition or a show, not a sport. In some ways, this is what the professional wrestling and no-rules body building already are.

To be a sport you need something approximating a fair playing field, some boundaries on the attributes of those who compete so they are comparable to one another and some ability to compare today’s performance with those in the not-so-distant past.

That is why I am not sure Oscar Pistorius should compete.

For the rest of the post, click here.

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BUMPER STICKER-- Save a cow. Eat a vegetarian.

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How do you get a nun pregnant? Dress her up as an altar boy.

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New Sports Law Scholarship

Recently published scholarship, including a symposium on Title IX:

Omar Hafez Ayad, Note, Take the training wheels off the league: Major League Soccer’s dysfunctional relationship with the international soccer transfer system, 10 VANDERBILT JOURNAL OF ENTERTAINMENT & TECHNOLOGY LAW 413 (2008)

Sen. Birch Bayh, Personal insights and experiences regarding the passage of Title IX, 55 CLEVELAND STATE LAW REVIEW 463 (2007)

Deborah L. Brake, Title IX as pragmatic feminism, 55 CLEVELAND STATE LAW REVIEW 513 (2007)

Tim Bezbatchenko, Comment, Bend it for Beckham: a look at Major League Soccer and its single entity defense to antitrust liability after the Designated Player Rule, 76 UNIVERSITY OF CINCINNATI LAW REVIEW 611 (2008)

Linda Jean Carpenter & R. Vivian Acosta, Title IX--two for one: a starter kit of the law and a snapshot of Title IX’s impact, 55 CLEVELAND STATE LAW REVIEW 503 (2007).

John DiMascio, Note, The “jock tax”: fair play or unsportsmanlike conduct, 68 UNIVERSITY OF PITTSBURGH LAW REVIEW 953 (2007)

Marcia D. Greenberger & Neena K. Chaudhry, Worth fighting for: thirty-five years of Title IX advocacy in the courts, Congress and the federal agencies, 55 CLEVELAND STATE LAW REVIEW 491 (2007)

Bernice Resnick Sandler, Title IX: how we got it and what a difference it made, 55 CLEVELAND STATE LAW REVIEW 473 (2007)

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Memorial Day Weekend Recap

Not much to say about this weekend. I saw Iron Man on Saturday with a charming young lady. It was a great movie and great company.

On Sunday, I goofed off until I got the usual Sunday evening blues. I foguht them by seeing the new Indiana Jones movie. It only made me sadder as that movie is filled with nostalgia. Nostalgia is a form of sadness which is why the movie is kind of a downer. Still fun, but you felt a bit wistful watching it.

On Monday, I had a day off but managed to go into work anyway. It is probably my best way to spend a holiday.

Finally, I want to note and reflect on the many who gave their lives in defense of this country and freedom. They are gone but not forgotten.

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Two from The Times

Two interesting sports-related op-eds in The New York Times:

First, former major leaguer Doug Glanville (a Penn grad and a very thoughtful person) discusses the "unwritten rules" of baseball, mostly as the relate to players' obligations to fight.

Second, Francis Clines considers what he sees as the new practice of fans booing their own players.

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England Win

:-(

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The Social Cost of Atheism

One day, a son approached his father and said, "Dad, I have something to tell you. It may upset you, but I have to tell you this."

"What is it, son?" the father replied.

"Dad, I am gay."

"Oh, thank God. You had me worried there. I thought you were going tell me you had become an atheist."

I share this fictional anecdote in jest to show how far acceptance of homosexuality has come compared to acceptance of atheism. The reality is that there are many atheists who spare themselves the social cost of that atheism by never declaring their beliefs on the matter. Being an outspoken atheist will cost you friends and family and even your career.

I regularly get emails in my myspace inbox like this one:

I will pray for you. Based on your myspace -- you are a lost soul. I am sorry for that b/c you are missing out on alot of life!!!!

As an ex-Christian, I can tell you I missed out on more as a Christian than I do now. My life would be far different than what it is now if I had never gone down the path of faith. But life isn't over yet, and I am living it up in the here and now.

I have it pretty easy as an atheist. My family has shunned me, and I am OK with that. They are a fucked up bunch, but I just try to keep working and stay social. One of the best ways I stay social is to attend the meetings of Godless Columbia. I always have fun meeting with those people, and we hardly ever talk about atheism. There's nothing to discuss. We usually discuss the social cost of being atheists, and I realize that it is very difficult to be an atheist in our armed forces. The discrimination is institutional.

In time, I think America will become more like Europe. Religion needs to die. It is stupidity. What amazes me are the new religious movements that pop up in our modern times such as Scientology or the Oprah Winfrey spirituality horseshit that is creeping out there. The monster just spouts out new heads as you chop the old ones off. But atheism will be the majority in time. Religion has tried to adapt to modern times, but people wise up in the same way they no longer believe in a flat earth.

Most people cling to religion because this was what they were brought up in. My wise friend never goes to church or anything. Religion plays zero role in his life, and he is a functional atheist. But he believes because that is what he was brought up in. He was born a theist, so he remains one. But ultimately, he could give a shit.

I think the biggest reason atheism is so controversial isn't because people think you are wrong so much as taking that stance sets you apart from the herd as a maverick and a freethinker. This is probably the biggest reason why atheism is persecuted so heavily in the military. Atheism is a non-conformist position. One day, it won't be. But for now, to be an atheist is to declare that you question authority and think for yourself. This is what people find most intolerable.

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Well Done to TVNZ

For your coverage of Scott Dixon.

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Fuck

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Bob Barr for President

Bob Barr is the LP candidate for president. He has my vote and support.

Yes, I know he has no chance of winning, but I am hoping he will get enough support to be included in the presidential debates. He is already being called a spoiler. Personally, I don't see how we would be better off with either Obama or McCain. Neither one of them gives a damn about freedom.

If the Ron Paul Revolution falls in behind the Bob Barr campaign, good things will happen. I think our message will be heard and our ideas gain a greater adherence. I think people are starting to wise up about things.

Vote for Bob Barr.

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Hey Telfer, where's my air ticket

Hey Telfer, where is my airticket??? You promised me that you will buy me a airticket to North Korea, just because you didnt like the email I sent to radiosport, but you have yet to sendin the money. Surly your not a man who would break your promises???

Imagine, someone questioning a sporting Journalist over his coverage of the Scott Dixon's story, I mean ya wake up in the morning, turn on the radio waiting to hear about Scott Dixon you hear about Dan Carter and the rugby, you log on line to complain and have that email read out on air, having that so called Journo call you a clown and being so offended he jokes saying he will pay for a one way ticket to North Korea.

Then having that Journo accusing you of comparing everything to Union, must be why the word hypocritical got invented.

So Telfer, if ya hate the sporting public that much, please send me the money for the airfare, I will like to take you up on your kind offer.

PS: Are you related to Bill O'Reilly?

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Where to Now for Scott Dixon

During the upcoming weeks, Dixon is going to be everywhere in the media, every talkshow in the USA, every newspaper across the USA all over radio, so the question has to be asked? where does he go from here?

He has won the most famous race in all of sport, should he retire? What has he got left to achieve?

He has the world at his feet, and if the New Zealand Government has any sense at all, they will have him promote NZ across the USA, he has the attention of the USA media right now, they along with the sporting public will be celebrating his victory.

No matter what you decide to do, you have gone down in sporting history.

Enjoy your moment with Mr Dixon, you deserve it.

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NZL Sporting Journos Blow it

Once again, our sporting Journos have blown it, with one of Nzl's biggest sporting achievements ever, Scott Dixon winning the Indy 500, they are once again downplaying it.

To wake up and turn on the radio and hear the Journos talk about how Dan Carter is a great rugby player, to log on to NZL sports websites and see pictures of rugby players, on a day when Scott became an sporting Icon, shows just how pathetic our Journos really are.

Is the NZRFU paying these guys to downplay any sporting glory by a kiwi, just incase it takes away from Rugby Union?

What Scott did today is massive, but for our Journos to ask "This could be the biggest sporting achievement in motorsport for our country" is the wrong question to ask.

They should be asking "Is this the biggest achievement in Nzl sport?"

Worse of all, is Brendon Telfer, who asked the question "Is this a bigger sport event in the USA than the America's cup?"

Now Telfer knows of course it is. But he sums up most Journos in this country, they will downplay anything major a kiwi does in sport, because they don't want to take away attention from their Favorites, Rugby Players.

Grow up NZL media, and well done to Scott Dixon.

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Blackcaps Blow it

Is there any team in sport, that gets his fans hopes us, only to have them crashing down to earth, like the blackcaps. With a lead of 179 on the first innings, all the blackcaps had to do was to cruise past 200 runs in their second innings to get a big lead and have England out of the match, well I dont even want to write about it, we collasped for 114, leaving England 294 to win. To make matters worst, they are cruising at 76/1.

I guess there is a reason, teams will only give us two tests.

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Scott Dixon Wins the Indy 500!!!

Congrats to Scott Dixon for becoming the first kiwi to win the Indy 500. This would have to be one of our best sporting achievements ever.

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Random Thoughts on Various Subjects

1. HILLARY

It is time for this stupid bitch to take a curtain call. That RFK remark was really stupid politically. She is our IDIOT OF THE WEEK.

2. OBAMA

The only good thing I can say about this fucktard is that he will get us out of Iraq. Of course, Bush promised no "nation building." Presidents have a bad habit of doing the opposite of what they campaigned on.

3. McCAIN

More of the same. Voting for him would be no different than voting to extend the Bush presidency.

4. KYLE BUSCH

Though I hate to admit it, I like this punk. He is a rebel and a non-conformist. He says what he thinks. He is off my shit list. I hope he wins it all.

5. NHL/NBA

I don't give a fuck about either of these sports. I also don't care about baseball either. Football and racing are the only things I can follow because they happen mostly on the weekend.

6. STIMULUS CHECKS

Bad economics but good politics. Those checks are meant to by your good will despite the fact that it was your government that fucked things in the first place. But the American People, those shitheaded imbeciles, will gladly take those checks and forgive.

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Sports Media Ethics (or lack thereof)

Bonjour from France. I am teaching an international sports law course in France, so my blogging will be limited during the next several weeks.

But I wanted to mention the panel on sports media ethics that I moderated last week in San Francisco at the Sports Lawyers Association annual conference. The panelists included members of the sports media, Lester Munson (ESPN) and Jon Wertheim (Sports Illustrated), Jane Kirtley (media ethics professor and expert) and Michael Huyghue (commissioner of the newly formed United Football League and former agent of Pacman Jones).

Media ethics codes have been established (in writing) by a variety of news outlets, parent news companies, and trade associations working in different media. These codes provide guidelines for journalists "to seek and report the truth" and "to minimize harm". For example, with respect to accurate reporting, the ethics code established by the Society of Professional Journalists provides that journalists should:

• Test the accuracy of information from all sources and exercise care to avoid inadvertent error. Deliberate distortion is never permissible.
• Diligently seek out subjects of news stories to give them the opportunity to respond to allegations of wrongdoing.
• Identify sources whenever feasible. The public is entitled to as much information as possible on sources' reliability.
• Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.
• Make certain that headlines, news teases and promotional material, photos, video, audio, graphics, sound bites and quotations do not misrepresent. They should not oversimplify or highlight incidents out of context.

It also provides that journalists should:

• Show compassion for those who may be affected adversely by news coverage.
• Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
• Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
• Only an overriding public need can justify intrusion into anyone’s privacy.
• Show good taste. Avoid pandering to lurid curiosity.
• Be judicious about naming criminal suspects before the formal filing of charges.
• Balance a criminal suspect’s fair trial rights with the public’s right to be informed.

Sports journalists seem to routinely get away with reporting inaccuracies (e.g. falsely reporting that the Grimsley affidavit contained the names of certain high profile players connected to steroid use) as well as intruding into the private lives of sports participants including players, coaches and front office personnel. I questioned the panelists why there is a more "relaxed" code of media ethics with respect to news reporting in the sports industry as compared with other industries. On the privacy issue, the response was essentially that professional athletes seek attention (e.g. by endorsing products) and thereby "assume the risk" that their private lives will be exposed by the media. I never understood that rationale (legally or otherwise), so when I challenged that proposition, I was told that I was "beyond my years" in a google/myspace era.

In my view, the problem is that the media determines what is "newsworthy," combined with the fact that (1) there is no external mechanism or independent body to enforce their ethics codes (like the state bar enforces ethics codes in the legal profession) and (2) the First Amendment trumps state tort laws in the courts. While the media plays an important role in reporting news, media sources are essentially product and service providers that compete with each other in a free market. The sports media "needs" sports participants in order to provide a quality product -- it needs access to sports participants; it needs cooperation from the participants; and it needs to interview the participants and highlight their views, perspectives and commentary. To put it simply, despite the enforcement and First Amendment hurdles, the participants are not powerless with respect to the media.

I suggest the players unions and the leagues find creative ways to "deal" with the media on terms that are mutually beneficial to both the participants and the media -- in other words, cooperation and access in exchange for accuracy and privacy.

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Day One Test Two Blackscap do well and thats the tooth!

Er, the truth. On a bouncy wicket and a overcast day that was once again effected by the weather. New Zealand batted on and made 202/4, a solid position.

Taylor showed his brilliance with an unbeaten 67, Flynn lost a toothed, and New Zealand is well positioned with six wickets in hand to get past 300 and maybe push 350.

Tomorrow morning session's will determined the outcome of the match, cricket wickets for England and we will be in deep trouble, but if we batted like we did on day one, New Zealand might be unbeatable.

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Learning to Be Alone

There are two cures for loneliness. The first cure is to go out and find some people to be with. This helps a bit, but it doesn't change the fact that you live alone. You can get a girlfriend, and try to change this reality. But she is simply going to use you or fuck you over. The simple fact is that when I am dating someone I usually end up worse off than before.

The second cure for loneliness is to immerse yourself in work and projects and forget about finding someone. It doesn't really cure anything much like eating rice cakes won't stop you from being hungry. But it is better for you even if you don't feel better.

I am alone, and it is a permanent condition that I am going to accept. I'm not going to fight this anymore. My wise friend says I am better off. It is easy for him to say. He has a wife and a kid. I don't even own a pet.

It is hard to live like this. But I have to choose between loneliness and betrayal. It's like choosing between the electric chair or lethal injection. In the end, you go with lethal injection because it will hurt less.

Everyone focuses on winning. They become so wrapped up in winning that they don't see the losses piling up. They don't realize that the easiest way to win is to stop losing. Take what is your left of your stake, put it in your pocket, and walk away from the table. Just stop losing.

Over the past two years, I have been involved with three different women. I am worse off today as a result of this. I have nothing to show for my time or efforts. I am not happy, and the only satisfaction I have gained is the knowledge that I am not losing anything by being alone. Dodging a bullet is not the same as missing something. There are some things you are better off missing.

Alone is better even if it doesn't feel all that great. I am all I have.

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All women are different, but all wives are the same. (Hat tip: my brother Jason.)

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NEXT GREAT INVENTION-- The vibrator-salad tosser combo. (Hat tip: my wise friend.)

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Why I Go Public

I have a habit which may or may not necessarily be bad. But it is one I fall into again and again. When people fuck me over, I let the world know about it.

All of this began the day I went down to get in my car to go to work only to see that it was gone. Someone had stolen my car. It was later recovered, and I know who did it. It was an ex-girlfriend. She stole it and wrecked it.

This incident came after a lifetime of fuckovers from people close to me. I was just mystified as to why this had happened. I ended up blaming myself.

My problem is that I am nice to people. This is stupid. When you start being nice to people, they get greedy or whatnot and have to stick it to you. They have to do this. Not everyone is like this. If they were, I would have no friends.

I learned that you teach people how you want to be treated. If you tolerate bullshit, you will get plenty of it. You have to draw the line somewhere.

I don't go around beating the shit out of people especially when they are women. This is illegal. What I do is different. When someone does me wrong, I tell them. I ask that they apologize. I try to do this privately. But they never take me up on this. So, I go public. For some strange reason, this works. When people have their deeds exposed to the light of day, they change. It also changes me. I don't feel like the victim anymore.

So far, I am 3-0 on this. I got my apologies. No one is ever going to get away with it with me. I don't punish. I don't seek revenge. I don't try and trash them or reveal intimate details. All of this goes against what I believe in. I simply say what they did.

I am very fair about this. They are welcome to rebut anything I say. They can make their case in this court of public opinion. They rarely do. In the long run, they suffer for their misdeeds.

I am quick to apologize and make amends for my bad actions. I am also open about not being perfect. No one is. When you have a cokehead or an adulterer for President, you quit feeling bad about yourself. I am better than those men.

People try and say that I am being nasty and underhanded with this. No, I am not. The alternative is to just go along with letting people treat me like shit and keep it "private." Fuck that. If you are shameless enough to do it, then you are quite able to handle the consequences of those actions.

I believe in the New York Times test. Don't do anything that you would be ashamed to see on the front page of the NYT. This means not stealing or using people or whatnot.

I also take my own medicine. My flaws are here for everyone to read about. The people in my life are quite candid with me, and I encourage this. I never shoot the messenger. I get more shit talked about me everyday than any person I know. But people do it to my face, and I laugh about it. I am secure in myself enough to not ever let what someone says about me or think about me bother me.

So, there you have it. This is why I go public.

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Love is Still Bullshit

Schopenhauer was right.

I want to believe. I want to believe that two people can be together, and it means something. But it doesn't. Love is a fiction. Love is bullshit. I am a fool for ever thinking differently.

The statistics, the reams of personal anecdotes I have collected, my observations of what I see going on everyday with others, and my own disastrous personal life all point to one inescapable conclusion. It is all an utter crock of shit.

Don't fall in love. It is an illusion. Women are fuckmeat. Even if you try to think higher of them, they will only confirm this truth. They are good for fucking, and that is it. No woman has ever convinced me otherwise, and I know that no woman ever will. Even women despise women. They know the truth about themselves. They are liars and deceivers, and they gravitate to the men who know this truth about them and treat them accordingly.

The moral and rational thing to do is to never commit. This means never marrying. This means abandoning the fiction of monogamy. Humans are not monogamous. The only time a woman becomes "monogamous" is after she has been knocked up, or she has bills that need to be paid. Even this is a fiction. She just needs a sucker to fall into her trap and take care of her worthless ass. While Mr. Sucker is out doing the right thing by working a job, the lovely Mrs. Sucker is back home sucking some stranger off.

I see it over and over again. I've never fallen into that trap known as marriage. Marriage is not about love. It is about money. It is a way for women to get their hands on money they did not earn. Any man who marries is an utter fool.

Yes, there are a few--FEW--happy couples. There are some--SOME--good women. They serve only as bait for a colossal trap. They emit the fragrance of hope. They make you believe it is possible. But to find a good woman is more a matter of luck than anything. I can count all the good women I know on one hand.

My wise friend says that I am wasting my time. He has one of the good women, but he knows when she is gone he is not likely to see another like her again. When even the lucky tell you it is a crapshoot, you can take it to the bank.

What is the answer? The answer is to live without commitment. Don't waste your time believing in it. No woman is ever going to be faithful to you, so there's no point in being faithful to them. I get hit on all the time by women in committed relationships, so I know what I am speaking about. I know the deal. Women are whores.

The moment you feel something for a woman, you just need to walk away from her. Get the fuck out of there. Don't be a sucker. She's a whore. You just have forgotten it. She will remind you later, and you will be crushed and devastated. And the whore you had such tenderness for will have not a trace of remorse or guilt about what she has done. If you love a woman, she will despise you for being a fool because this is exactly what you are. She might even pity you for loving her worthless ass. But she is still going to fuck you over. Women regret, but they never repent.

I'm not budging from this mindset ever again. I tried. I know. As my wise friend told me, we become angry because our expectations are not matched to reality. My expectations are now matched to reality. Love is bullshit. It will always be bullshit. It will never stop being bullshit.

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Despair is the byproduct of a life of inactivity.

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California's Miller-Ayala Act and the O.J. Mayo Situation

Most states have a statute regulating agents that is modeled after the Uniform Athlete Agents Act. The one in California is not based upon that model, but section 18897.6 of the California Business and Professions Code does seem to apply to the Mayo allegations:
“18897.6. No athlete agent or athlete agent's representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to a student athlete.”

The USC Trojans website actually contains a link to the Miller-Ayala Act at http://usctrojans.cstv.com/genrel/usc-agent-page.html.

I wonder if anyone in the California Office of the Secretary of State is looking into this.

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Garth Gets Crystalized

If your a music artist, you may get a gold record, if your a good artist you may go Platinum, if your a great artist you may go Multi Platinum and if your a Legend you will receive a Diamond award.

When your name is Garth Brooks, they have to invent a whole new award for you.

You see nothing had existed that complements Garth's career, so they had to come up with a whole new award that justifys his greatness.

The crystal Award.

Garth Brooks is the only music artist in HISTORY to have had six albums reach Diamond status in the USA, thus creating a Crystal.

An Honor well deserved, very rarely an artist comes around who not only has artistic metric in his music ability but also commercial success and for that artist to be a humble down to earth country artist makes this achievement even more memorable.

Over 19 years he has had a body of work that has touched and entertained people from all works of life, and now as he goes back into retirement he can look back on a career that may never been match.

There also is a nice bit of crystal on his mantelpiece.

Well Done Garth

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First Test: A Draw

The first cricket test between New Zealand and England has ended in a draw. It was a match in which the blackcaps will come out feeling better, with a five wicket bag for Vettori, a Century for Oram and amazing performances by How and McCullum.

Once again, cricket writers have underestimated how good this team is under Daniel Vettori, and the blackcaps changes of winning this series now that they have proved they are competitive have skyrocketed.

Bring on the second test.

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Labor-management conflict brewing in the NFL (in 2011)?

The Workplace Prof blog links to the ESPN stories.

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Are aluminum bats an unreasonably dangerous product?

The Tort Law Professor blog has details (and links) regarding a products liability lawsuit filed over an injury to a little league baseball player hit in the chest by a batted ball against, among other defandants, the manufacturer of the bat.

Under the "risk-utility" test for products cases, the plaintiff will have to show that the "usefulness" of the bat's design (aluminum, as opposed to wood), is not outweighed by the higher risks to players in the field that aluminum bats pose.

An interesting case to watch.

UPDATE (7:38 pm): A sympathetic Jeff Standen (The Sports Law Professor), in a wonderful post, predicts the case will fail.

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Reilly at home - May 19th

Photos and a brief video of today's ride. The first canter is hysterical - hopefully I remembered to edit out the sound - Bit of excitement when I thought we were going to struggle to get around the corner, especially with Reilly on the wrong lead. Dear little horse tried hard to please me as always. The second canter is much better, we even have the beginnings of self carriage, YAY! Love him!

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Pride

I am compelled to write this because I think someone needs this very much.

I am proud of who I am. I do what I do for me. I am good to other people not for their sake but for my sake. I like who I am.

I don't ever say that to anyone because it seems arrogant. But what is the alternative? I should hate myself?

I used to hate myself. When I did, I didn't care what I did to other people because I was a piece of shit anyway. People are amazed at how self-deprecating I am and will say that I hate myself. But I don't hate myself. It is because I accept myself that I can make fun of myself.

It takes pride to be the butt of your own joke. It also takes pride to post your life on the internet or be as candid as I am about myself. I accept myself for what I am and that includes my flaws.

It is also because of pride that I do not cheat on my girlfriends or abuse them or steal from my employer or what have you. I care about those people, but I also care very much about myself. I don't ever want to do anything to cause me to not like myself.

Shrinks call this self-esteem. But that shit always seemed hokey to me. It is pride, dammit. Yes, I lampoon myself. I also have my own logo and act like a flamboyant rock star. And as ugly as I am, I like to smile at myself in the mirror. I make ugly look good.

I live everyday liking who I am. I stopped hating myself a long time ago. Self-hatred is bad. The opposite extreme is narcissism. That is when pride becomes excessive to the point of turning oneself into a monster. Both self-haters and narcissists are consumed with themselves and are often quite indifferent to others. Oddly, those with the proper pride care for both themselves and others.

All of this is part of what Aristotle called magnanimity. In some ways, I am still learning what that means. But I do know it means not hating yourself or loving yourself to the detriment of others.

As I said, someone I know needs this very much. I hope she stops hating herself because I don't hate her.

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The End of Joyce

Joyce and I are done. I tried very hard to make it work with her, but she is now no longer speaking to me. I'm not sure why, but she says it is for the best. Sadly, I must agree.

I am a good guy. I hate writing that, but it is true. I don't cheat. I don't beat on women. I work my job and pay my bills. I have great compassion for others. And when I love a woman, I love her absolutely.

I don't know why women can't deal with me. They want to be with me so bad. Then, they fall apart. They can't keep it together. Why do they have to date me? Why do they do it?

Joyce never deserved me. In order to love me, you have to love yourself. I tried to tell her that, but she never got it. We never got to that lesson. So, another one goes down in flames. Another will take her place. The cycle will repeat itself.

Goodbye, Joyce. In spite of it all, I really liked you. You made me feel very good inside for a little while. I will miss that.

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Day 4: New Zealand 277 & 40-0 v England 319

How valuable is Vettori to the New Zealand cricket side? Well in terms of the history of New Zealand cricket, only Sir Richard Hadlee has contributed more.

New Zealand could of been facing heavy defeat, but thanks to a five wicket bag, the first for a spinner since 1996 at Lords, the blackcaps have been saved by their courageous captain, with only one days play left, a draw is almost certain.

Here is a player, who always scores runs at the bottom of the order, has always bowled tight and he now has 250 test wickets, oh he also captains the side as well, and is brilliant in his field placements and use of his bowlers.

If I was a selector, I would make sure that he always stays in the playing 11, because he always saves the team.

Well done Captain Vettori! :-)

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Watch out Dawg!

So Reilly was feeling his oats this morning when I was out taking clip pix and he and Jet had quite a run around together. Of course my batteries went flat so I missed all the best shots but here are a couple that I managed to get off before the batteries died completely. Jet actually keeps quite a distance from Reilly even though the photos may not show this. She was kicked by a foal a year or so ago and definitely learned from that rather painful lesson.

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Another tick in a box for Reilly - Clipped!

I really wish I had video of Reilly's first clipping session now - I swear if you did not know, you would've sworn he had been sedated but no, he was just soaking up the attention because, as far as Reilly is concerned, any time with people is a good time. Karen came down with her lovely quiet cordless clippers and did a much better job of clipping him than I ever would have. So, here are some pix of the finished product!

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Double-Amputee Pistorius Wins Right to Run with Cheetahs; Most Offensive Metaphor in a Disability Case Ever?

Oscar Pistorius has become "the first amputee to successfully challenge the notion that his carbon-fiber prosthetics gave him an unfair advantage and assured his right to race against able-bodied athletes in the Olympics . . ." The full text of the Court for Arbitration of Sport ("CAS") panel's decision can be downloaded here. However, since CAS has not yet created a searchable database of past decisions, the PDF will only be available as long as it is classified a "recent" decision. For a background on the dispute, see my January post on this blog or Marc Edelman's Above-the-Law piece.

The meat of the CAS panel's decision begins around page 10. The panel characterized the IAAF's investigation of Pistorius's case as procedurally "off the rails." The IAAF expert recruited to analyze whether the Cheetah prosthetic gave Pistorius an advantage was tasked with examining the runner's performance only in the "straight" portions of a run (it appears that Pistorius is slower than other runners in the curved and starting portions of his races, but faster in the straight portions). The expert's analysis, in the panel's view, was flawed from the start and rigged to produce a conclusion that Pistorius had a competitive advantage.

The second issue considered by the panel was whether the IAAF's exclusion of Pistorius amounted to unlawful discrimination. The panel, hopefully not intending this rather shocking and offensive pun, opined that "disability laws only require that an athlete such as Mr. Pistorius be permitted to compete on the same footing as others." Maybe some law clerk or research assistant was playing a joke on this panel by trying to see if s/he could slip this in? Regardless, Pistorius attempted to demonstrate that the IAAF had violated the international Convention on the Rights of Persons with Disabilities. Since the IAAF was not a signatory to the convention, the panel ruled that the Convention did not impose any obligations on the federation.

Pistorius earned his victory thanks to the panel's analysis of whether the IAAF violated its own Rule 144.2(e) in declaring him ineligible. That rule forbids the use of "any technical device that incorporates springs, wheels, or any other element that provides the user with an advantage over another athlete not using such a device." The panel begins with some snide commentary about the rule itself -- asking whether it might bar the use of the "natural human leg" which "is itself a spring." This is kind of a silly venture, of course, since the rule bans any "technical device" - whether springed or otherwise. Any sensible observer of this dispute and this rule knows the Cheetah prosthetics qualify as a "technical device."

But does the system give Pistorius an advantage over an athlete not using the prosthetics? Here, the panel had to decide what the rule meant by "advantage". The panel reads the rule as barring only devices that provide a "net advantage" -- "If the use of the device provides more disadvantages than advantages, then it cannot reasonably be said to provide an advantage over other athletes, because the user is actually at a competitive disadvantage." Since the IAAF investigation did not explore whether the Cheetah provided a "net advantage" (in comparison, I take it, with running on a pair of natural legs), the IAAF's exclusion of Pistorius was reversed.

The CAS panel here has embraced a very similar notion to one of the bases of the U.S. Supreme Court decision in the Casey Martin ADA golf cart case. (I raised the analogy in my last post on the case). Although the panel did not cite Martin, it shares the view that a disabled athlete who requests the use of a technical device as an accommodation should be permitted to use that device if, even after using the device, he will still be as fatigued as healthy athletes not using that device.

As NY Times reporters Robinson and Schwarz astutely observe: "The ruling’s direct impact on disabled athletes could be limited, in part because Pistorius, 21, still must post a time fast enough to qualify for the Games."

Run, Oscar, run!

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Skywalker, Solo, and Vader

I have a taxonomy of women called the Three Categories. Naturally, women ask me if I have a similar taxonomy for men. I lie and tell them that I don't. The reality is that I do and have had it for a long time. I categorize men in three categories--Skywalker, Solo, and Vader.

SKYWALKER



A Skywalker is a nice guy. He is a boy scout. He goes to church. He honors his parents, and he is respectful of women. A Skywalker is a good guy, and he has a squeaky clean image to go with it. This is the type of guy every mom and dad would want their daughters to be with.

SOLO




A Han Solo type is not a nice guy. He is a rogue. He is selfish. He loves to fuck. He suffers from a bad reputation. But like Han Solo, there is some core of decency in the guy. He is loyal to his friends, and he does not exploit the weak. But he watches his back. This is the type of guy every woman wants to be with, but every parent frowns upon.

VADER



A Vader is a man of pure evil. These are your womanbeaters and serial philanderers and violent drunks or what have you. These men were born without a conscience or perhaps became that way over time. They exploit the weak and hurt them and brag about it. This is the man that many daughters end up with and become the fodder for all those dramas on Lifetime.

Who is the best of the three? I will put my money on Han Solo everytime. Skywalker was a pussy even when he dressed all in black in Return of the Jedi and kicked his daddy's ass. Vader went from a whiny ass punk to a monster to a pathetic man who turned good only at the last minute. In real life, Vaders stay Vaders.

A Han Solo is at heart a good guy. But numerous scrapes and screwovers turn him into someone wary. He has had the innocence beat the fuck out of him. But he stills holds to something in spite of it all. As much as he wants to give up on humanity, it is usually his friends that bail him out of a jam. That is because he may be a rogue. But you have to like the guy.

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Day 3: Oh the weather outside is frightful

Only 42 Minutes on Day 3.

NZL 277 and England 89/0.

It has to be a draw, unless England gives a sporting declaration, followed by the Blackcaps. I doubt this will happen though.

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The Fountainhead

TRAILER


ROARK PUTS IT TO THE BITCH


ROARK'S SPEECH

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Ayn Rand on Phil Donahue

Part 1


Part 2


Part 3


Part 4


Part 5

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Day 2: NZ 277 England 68/0

Day 2 once again belonged to England, but with a brilliant lower order 48 from Vettori, New Zealand is still in this match, we finally have a captain who is consistent in his run making, not bad for a bowler, I think!!!!

Southee is going to be the key on day three, the Blackcaps must get him on straight away and hopefully he can stay swinging the ball.

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How to Cope

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Day1: Brendon McCullum gets 97 NZ 208/6

How valuable is this player to the team? NZ in all sorts of trouble at 100 odd for five and once again a middle order player saves our bacon as New Zealand finishes the day at 208/6. A brilliant innings of 97 has not only kept the Blackcaps innings alive, but they have kept their chances in this test alive.

If Vettori and Oram and then Southee can go on with it, NZ might push part 300, and with the ball swinging like crazy, young Southee could have a very happy Lord's experience indeed.

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The Cost of College Sports

A new article in the Chronicle of Higher Education reveals that from 2004-06, only 17 out of 330 Division I athletic departments operated at a profit, with universities making up the difference, usually out of general operating revenues. This marked the first time the NCAA had reported budgetary numbers by focusing on revenues allocated to athletics departments by the school, rather than on revenues generated by athletics themselves.

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I have a real knack for pissing women off. I just tell them the truth.

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Graduation - I did it!

This week I graduated with my Postgraduate Diploma in Teaching (Secondary) and this time around, unlike when I graduated with my Bachelor of Arts, I was capped in a Graduation Ceremony. It was great! I didn't really know anyone as I did my studies online but amazingly the one single online student aside from me graduating in the May ceremony was number 288 to go and I was number 290!

Anyway, it was a great day, nerve wracking but also very emotional. Even though I did not know anyone, I am really pleased that I did it! Woolf Photography was there and they got a photo of me shaking the Chancellor's hand on the stage and the obligatory photo with THE document - We'll be ordering copies of those but for now, below are some of the pix that my parents took during the parade and after the evening ceremony.

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