Wednesday, November 25, 2009

They came back and they were magnificent



Well the Seinfeld reunion that isn't a reunion is over.

They came back and they were magnificent. The first few episodes
involving the Seinfeld cast, didn't quite do it for me,
mainly because they played their real lifeselves.

But the last two were pure Seinfeld, last week episode
the cast did a read through that also had Kenny Bania,
Newman and George's mum.

All slipped back into their Seinfeld roles.

This week showed Larry David watching scenes from
the fictitious Seinfeld Reunion, and Seinfeld and
the cast as their real life selves in rehearsal.

The Seinfeld show part lasted around 6 minutes, but it was classic,
it could of been from any season. Basically George had come up
with an idea of a Iphone application that lets you know the location
of a bathroom anywhere in the world, invested his money and he had
lost it all by investing with Bernie Madoff.

IMHO all the actors slipped back into their roles with ease, with
Jason Alexander putting in a supreme performance, the acting ability
of this man is beyond belief, I often thought he was the star of
Seinfeld, and tonight showed why.

It was great to see them all in action and it was great to get a
ending to a great show even though it was on someone else's show.

Soup for everybody!!!!!!!

Redefining Peer Review

In 2005 Gavin Schmidt and Michael Mann, of Real Climate and CRU email fame, carefully explained that the process of peer review is a messy, incremental way to advance knowledge in fits and starts:
The current thinking of scientists on climate change is based on thousands of studies (Google Scholar gives 19,000 scientific articles for the full search phrase “global climate change”). Any new study will be one small grain of evidence that adds to this big pile, and it will shift the thinking of scientists slightly. Science proceeds like this in a slow, incremental way. It is extremely unlikely that any new study will immediately overthrow all the past knowledge.
They explained that even when results are published that do not stand the test of time, the process of peer review can successfully winnow out those arguments with the greatest merit:
. . . even when it initially breaks down, the process of peer-review does usually work in the end. But sometimes it can take a while.
With this perspective as background, one of the most damning aspects of the CRU emails was the behind-the-scenes efforts of the activist scientists to -- in their own words -- "redefine what the peer reviewed literature is."

Peer review as related to scientific publishing is a process in which experts are asked to judge the appropriateness of a paper for publication in a scientific journal. It is often cursory and focused on the merits of an argument, rather than a detailed replication or decomposition of the data or methods. Peer review does not mean that a result is right or will stand the test of time, but that it has met some minimal standards of acceptability for publication. The scientific community is replete with vignettes about papers that were rejected for publication in one venue only to be published elsewhere and which later turned out to be seminal. Similarly, every so often even Science and Nature find themselves in trouble with a paper that is badly wrong or even fraudulent. But despite these shortcomings in the process, peer review is widely viewed much as Winston Churchill viewed democracy: the worst possible system except for all the others.

Peer review works because over the long-term good ideas win out, and this process happens organically and through a decentralized process. Peer review takes place through many independent journals, with editing and reviewing conducted by many independent scholars from a diversity of disciplinary and experiential backgrounds, and with their own idiosyncratic biases and views. No one group or perspective owns the peer review process, and that diversity is part of its core strength. Truth -- meaning a convergence to agreement on scientific questions -- thus is a product of the peer review process over time. Of course the path to truth can be convoluted and indirect. For instance, it used to be true that there were 9 planets in our solar system. Now that is less true.

Some issues relevant to decisions are characterized by uncertainties and contested certainties making the distribution of scientific views not readily apparent simply by looking at the sprawling literature. In such situations a formal assessment can provide a useful perspective on the degree of consensus or disagreement among relevant experts on various claims. Such assessments are nothing more than a snapshot in time, as science is continuously evolving. When done well, an assessment will reflect the full range of views held by relevant experts, including minority views (see PDF), as well as the connections of scientific understandings to alternative possible courses of action.

Now back to the CRU emails. The emails show a consistent pattern of behavior among the activist scientists to redefine peer review in accordance with their own views of climate science. In doing so, they sought to turn the entire notion of peer review on its head.

The emails show a group of scientists frustrated with the peer review process, seeking to change how it is practiced. How so? The emails indicate concerted efforts to reshape the peer review process by managing and coordinating reviews of individual papers, by putting pressure on journal editors and editorial boards, by seeking to stack editorial boards with like-minded colleagues, by arranging boycotts of journals and other actions involving highly questionable ethics. But we might wonder why these scientists would take such steps to change peer review if, as Schmidt and Mann explained at Real Climate -- "peer review usually does work in the end." Why depart from a process that works? The answer is obvious: the short-term politics of climate change.

The activist scientists decided that the peer review process would work better in service of their political agenda if it used "truth" to determine whose views would be allowed to be published in the literature and reflected in assessments. In this case "truth" simply means the views deemed acceptable among the activist scientists and their close clique of colleagues. In an interview with NPR Real Climate's Gavin Schmidt defended this very backwards view of peer review:

Journals are supposed to be impartial filters that let good ideas rise to the top and bad ideas sink to the bottom. But the stolen emails show that a group of scientists has decided that's not working well enough. So they have resorted to strong tactics — including possible boycotts — to keep any paper they think is dubious from reaching the pages of a journal.

"In any other field (a bad paper) would just be ignored," says Gavin Schmidt at NASA's Goddard Institute for Space Studies in New York. "The problem is in the climate field has become extremely politicized, and every time some nonsense paper gets into a proper journal, it gets blown out of all proportion."

Most of the papers Schmidt and his colleagues object to challenge the mainstream view of climate science. Schmidt says they may be wrong or even deceptive, but they are still picked up by politicians, pundits and businesses who are skeptical of climate change.

So Schmidt suggests that in order to short circuit the ability of their political opponents to cherry pick and blow out of proportion studies that the activists scientists did not agree with, they saw a convenient short cut: Simply reshape the peer review system such that those papers don't ever appear or go unmentioned in scientific assessments.

The problem with this strategy, of course, is that many climate scientists (and presumably others inside and outside of the scientific establishment) are unwilling to cede ownership of the "truth" to a small clique of scientists. In fact, peer review exists in the first place because there are no short cuts to the truth, and any such short cut will inevitably fail. Consider that the efforts revealed in the CRU emails to manage the peer reviewed literature went well beyond efforts to prevent so-called "skeptical" papers from being published, but included a focus on papers that fully accepted a human influence on climate, but which offered views that differed in some degree (e.g., here) from those preferred by the activist scientists. The emails reveal activist scientists busy extolling the virtues of peer review to journalists and the public, while at the same time they were busy behind the scenes working to corrupt the peer review process in a way that favored their views on the science and politics of climate change. Here we have a case study in the politicization of climate science by climate scientists.

The clique of activist scientists sees absolutely nothing wrong in what they are doing -- they are after all justifying their actions in terms of "truth" in support of the greater good. And the issue is made even more complex because those who share the political agenda of the activist scientists are ready to join their peer review coup whereas those opposed to that political agenda are happy to try to exploit for political gain the scientists' ethical lapses and failure to appreciate their role in politicizing climate science. So much of the discussion gets wrapped up in these distractions, rather than the issue of the integrity of climate science.

The sustainability of climate science depends upon our ability to distinguish the health of the scientific enterprise from the politics of climate change. The need to respond to climate change (which I support) does not justify sacrificing standards of scientific integrity for political ends. In fact, as the events of the past week show, when standards of scientific integrity are compromised, the political consequences can be double edged.

Reilly's Swansong

Yesterday was a big day here at Talisman Farm. The final stage of 'the great bedroom makeover' was completed (will dedicate a separate blog entry to that), Hooty was inseminated with Coalman's Touch semen and I had my beautiful young stallion, TF Life O'Reilly gelded.

Reilly's gelding was pretty tough for me but after much soul searching I made the decision based on my desire for him to have the best life possible and I know that he will have a fantastic life as a gelding. He has sired four beautiful foals and, as two of his foals are daughters, the bloodline may very well continue through them so, it's all good really. He was the consumate gentleman for the vet, even with Maude over the fence talking to him. Stood stock still for his injections and dropped with an incredible amount of dignity which was very sweet. Had a moment three quarters of the way through where he suddenly upped and rolled over, startling us all and prompting me to dissolve into tears, but it was just a wee blip and the vet was able to finish without further incident. I was a bit shaky tho!

And, quite fittingly, this morning at 2.45am Reilly's last foal, full sister to Aine, was born. She was shouting at us as she came out and trying to get up even before her back legs were out. She is a big, strong, feisty girl. Maude had a great delivery, foaled with no assistance and passed the placenta just after 3am. This morning at 7am baby was drinking, pooping and running (albeit spider wobbly) around her paddock. Now she just needs to tell me her name.

Can U C me?
Hi!
Wibble Wobble
Mum 'n Babe

Case Keenum - University of Houston QB - Great Quote

Case Keenum - University of Houston QB

"I found out real quickly when I got out on my own that I can't do it on my own," Keenum said. "I can't deal with all the stresses of being a college football player and an athlete and a student, a Christian, a role model and all this stuff on my own. I need somebody else in control. Because if I think I've got it under control, he definitely reminds me that I don't.

"If I start stressing and worrying about stuff, it's kind of slapping God in the face and saying, I don't think You have it under control.' He has a plan, and his plan is better than anything I can even imagine."


God bless, Lou

Wisteria Lane

It is good to be back in Boston, just in time for Thanksgiving. We are off to visit family - but first, I wanted to share this:

I spotted this unseasonably floral bicycle in scenic Somerville. It is a Batavus Old Dutch, in "head-to-toe" lilac. The pannier-basket is decorated with garlands of faux wisteria.

When it comes to pastel purple, the owner obviously follows the "more is more" principle - which I, for one, very much appreciate on dreary November days like today. (I wonder whether colourful bicycles could be used to treat Seasonal Affective Disorder, just like "light therapy"?)

Hooray for lovely bicycles and have a good Thanksgiving!

The Curious Case of Khalid Sheikh Mohammed

Trying KSM in NYC is a mistake. The reality is that this terrorist will be treated with greater legal rights than our own uniformed soldiers get when accused of crimes.

I've given it a lot of thought, and I have come to a middle path between those who believe that terrorists like KSM should be locked up with no due process and those who demand they be tried with the same rights as US citizens. Neither path makes sense to me. What does make sense is a military tribunal and a firing squad.

The tragedy of a place like Gitmo isn't the guilty who rot there, but the innocent who have done nothing and have no recourse. For their sake, due process is necessary. But this doesn't mean a civilian court. Try them as war criminals and let them have their say. This is fair both to them and to America.

Tuesday, November 24, 2009

2010 AALS Sports and the Law Section Meeting and Panel

For those of you attending the Association of American Law Schools' 2010 annual meeting in New Orleans in January, Villanova Law Professor David Caudill, the Chair of the AALS Section on Sports and the Law, invites you to attend this year's section meeting and panel, which will be held from 1:30 to 3:15 p.m in the Elmwood Room (3rd Floor) of the Hilton New Orleans Riverside.

Below are details on the section's events:

* * *

THE TOPIC: THE NEW NFL/NFLPA COLLECTIVE BARGAINING AGREEMENT: AVOIDING A CATASTROPHE?

OVERVIEW: When the NFL opted out of the current collective bargaining agreement with the NFLPA, the stage was set for contentious negotiations during the 2009 season and potentially beyond. A labor-related stoppage or lockout could result from a failure to come to terms. The topic for this year’s sports law panel will be the present state of labor negotiations within the NFL. The NFL owners will likely predict an economic crisis if the players make unreasonable demands in terms of percentage of revenue, salary cap, bonus provisions, and the rookie wage scale, while the players’ union will likely claim that the owners never had it so good. Perhaps the real Super Bowl for sports lawyers will take place around the bargaining table this year.

PROGRAM: To open the program, Professor Robert H. Topel, the Isidore Brown and Gladys J. Brown Professor in Urban and Labor Economics at the University of Chicago’s Booth School of Business, will discuss his controversial study (co-authored with Chicago colleague Professor Kevin Murphy), on behalf of the NFLPA, of the economics of the NFL. What was the NFL’s response to the study? Has the recession altered any of the conclusions of that study?

Next, three law professors will address various aspects of the NFL/NFLPA labor controversy:

Professor Emeritus Bob Berry (Boston College): “Show Me the Money Revisited: The Current NFL Labor Conundrums”.

In the past, dating from the 1960s to the 1990s, NFL labor confrontations often concentrated on player mobility issues. The draft, free agency and free agent compensation were contentious issues, resulting in work stoppages on more than one occasion. This year is different, or seems to be. Pure economic issues appear to be largely the basis of the current negotiations. The question is, however, whether anything has really changed. Has it always been about the money? An even more basic issue is why at this time there is already talk of a lockout and a possible attempt at union decertification. While all these are brewing, we might as well revisit possible antitrust issues under the labor exemption.

Professor Matt Mitten (Marquette): “Drug testing and Sports Medicine Issues in NFL Collective Bargaining: A Proposed Quid Pro Quo.”

Specific issues to be discussed: (1) NFL clubs’ characterization of team physicians as “employees” in effort to bar players’ medical malpractice claims by the worker’s compensation co-employee doctrine; and (2) the 8th Circuit’s recent Williams v NFL decision, which permits the NFL’s collectively bargained drug testing policy to be challenged on the ground it violates Minnesota state law.

Professor Jeff Standen (Willamette): “American Needle and the Threat of Union Decertification”

This paper argues that the American Needle case currently pending before the U.S. Supreme Court will impact heavily on the upcoming labor negotiations. If the NFL prevails in its argument that the league constitutes a "single entity" for all or certain legal purposes, then a chief NFLPA bargaining tactic, the threat of union decertification, would be unavailable. Decertifying the players union arguably strips the NFL's bargaining agent of its non-statutory labor exemption and exposes the league to antitrust liability. If the NFL, however, is characterized by the Supreme Court as a single entity, then the league would be effectively immune from antitrust claims. The paper suggests that the Court should adopt a nuanced perspective on the single entity theory in order to preserve the ability of the union to resort to judicial redress.

* * *

It should be a great event and I look forward to attending.