Why Preston McAfee left UT

mcafee2.jpgR. Preston McAfee is the J. Stanley Johnson Professor of Business Economics and Management at Cal Tech and a renowned expert on issues relating to pricing of goods and services.
Before going to Cal Tech, Professor McAfee was the Murray S. Johnson Professor of Economics and former Chair of the Department of Economics at the University of Texas at Austin. In this engaging lecture on how companies determine prices, Professor McAfee reveals that his decision to leave UT for Cal Tech was cemented when he received the following email from the UT administration regarding a message from the Texas Higher Education Coordinating Board:

From the Texas Higher Education Coordinating Board:
Your last name is your password. If you have questions or have forgotten your password, please contact the Coordinating Board.

Hat tip to Craig Newmark for the link to Professor McAfee’s lecture.

Darwin trumps Buffett at the WSJ

nerds.gifThe Wall Street Journal ($) online edition has a section entitled “At a Glance,” which contains several groupings of articles from the WSJ online edition. One of the grouping categories is called “Most Popular,” which lists the articles that are receiving the most hits from WSJ readers.
On this weekend of Berkshire Hathaway’s always popular shareholders meeting, the No. 1 article receiving the most hits in today’s WSJ online edition is science columnist Susan Begley’s column entitled Darwin Revisited: Females Don’t Always Go for Hottest Mate.
Heh.

60 Minutes on Colbert

colbert1.jpgI realize that he may have bombed at the recent White House Correspondents’ Association awards dinner, but I’m still a big fan of Comedy Central’s Stephen Colbert. Here is the recent 60 Minutes segment on Colbert (segment 2 and segment 3), which includes a good dose of Colbert’s hilarious interviewing techniques.
By the way, one thing that I’ve always wondered about Colbert — but that Morley Safer did not ask him in the 60 Minutes piece — is whether the pronunciation of Colbert’s name (prounouced “Cole-bear”) on his show is a play on the wonderful Hyacinth Bucket character (pronounced “bouquet” by Hyacinth and “bucket” by everyone else) in the equally hilarious BBC comedy show, “Keeping Up With Appearances“? Anyone know the answer?
Update: In the small world department, turns out that Jeff Skilling’s law firm — O’Melveny & Myers — has a Colbert connection. One of Colbert’s older brothers is Jim Colbert (who pronounced his name with a good, hard “ert”), who was a litigation partner at O’Melveny for approximatey 30 years in Los Angeles. The elder Colbert was known at O’Melveny as a brilliant litigator with — you guessed it — a sharp wit.

The “Arch-Booby?”

MOZART.jpgSeventh Circuit judge and Clear Thinkers favorite Richard Posner (previous posts here) has some fun in this recent decision involving an age-discrimination claim by a church organist. Federal courts generally do not have jurisdiction over religious disputes, but courts may review employment decisions of religious institutions if they are based on secular factors. In this particular case, a Catholic church fired the organist, purportedly after a dispute over what music should be played at Easter services. The organist claimed that the music dispute was just a ruse by the church to cover up its quite secular desire to fire him on the basis of his age in order to hire a younger organist.
Judge Posner was not swayed by the organist’s argument and uses Mozart’s dispute with Archbishop Colloredo to help explain his reasoning:

So far as his role as organist is concerned, his lawyer says that all Tomic did was play music. But there is no one way to play music. If Tomic played the organ with a rock and roll beat, or played excerpts from Jesus Christ Superstar at an Easter Mass he would be altering the religious experience of the parishioners. [. . .]
At argument Tomicís lawyer astonished us by arguing that music has in itself no religious significanceóits only religious significance is in its words. The implication is that it is a matter of indifference to the Church and its flock whether the words of the Gospel are set to Handelís Messiah or to ìThree Blind Mice.î That obviously is false. The religious music played at a wedding is not necessarily suitable for a funeral; and religious music written for Christmas is not necessarily suitable for Easter. Even Mozart had to struggle over what was suitable church music with his first patron, Archbishop Colloredo, whom the Mozart family called the ìarch-booby.î

Hat tip to Robert Loblaw for the link to Judge Posner’s decision.

“Taco Meat”

Ags sarge-stamp.gifbevocow.jpgAnyone who has lived in Texas will appreciate the truth of this very clever commercial. Particularly after this past college football season.
You gotta love those Texas college rivalries!
By the way, LSU closed out the Aggies’ most successful basketball season in a couple of decades on Saturday by beating the Ags with a buzzer-beater in their second-round NCAA Tournament game.

“Victoria, Victoria”

stunned coach.jpgI count as friends a number of major college coaches, and so I have a special appreciation of the demands involved in being a big-time college football or basketball coach. Not only do such coaches have to deal with sometimes overbearing media, fans, and college administrations, they also have to oversee their athletes’ off-the-field conduct, such as keeping the usually cash-deprived athletes away from the various sources of financial inducements that violate various NCAA rules that could lead to disastrous sanctions for the coach’s program. Believe me, it’s a full-time job.
Well, as difficult as their job already is, it now looks as if those college coaches are going to have to include review of their athletes’ instant messenger habits in their oversight duties.

Leif Clark denies motion on grounds of incomprehensibility

Leif Clark.jpgThe indefatigable Peter Lattman shares with us this hilarious opinion by Bankruptcy Judge Leif Clark of San Antonio, who cites a scene from the Adam Sandler movie, Billy Madison, in concluding that “[t]he court cannot determine the substance, if any, of the Defendantís legal argument, nor can the court even ascertain the relief that the Defendant is requesting. The Defendantís motion is accordingly denied for being incomprehensible.î
A friend of mine commented that Judge Clark’s opinion reminded him of Houston-based U.S. District Judge Lynn Hughes‘ reaction several years ago to a particularly illiterate FDIC motion to substitute counsel. After marking up the proposed form of order to delete surplusage, Judge Hughes wrote the following message in bold pen under his signature to the attorney who had drafted the motion:

“How did you write before your lobotomy?”

The Sea Sponge brief

spell check.gifThe Latin phrase sua sponte is often used in legal pleadings to refer to actions that the court takes in a case on its accord or motion. But this Law.com article ($) indicates that Santa Cruz, CA lawyer Arthur Dudley’s use of that phrase will never quite be the same:
In an opening brief to San Francisco’s 1st District Court of Appeal, a search-and-replace command by Dudley inexplicably inserted the words “sea sponge” instead of the legal term “sua sponte,” . . .

“Spell check did not have sua sponte in it,” said Dudley, who, not noticing the error, shipped the brief to court.

That left the justices reading — and probably laughing at — such classic statements as: “An appropriate instruction limiting the judge’s criminal liability in such a prosecution must be given sea sponge explaining that certain acts or omissions by themselves are not sufficient to support a conviction.”
And: “It is well settled that a trial court must instruct sea sponge on any defense, including a mistake of fact defense.”
The sneaky “sea sponge” popped up at least five times.

At least grizzled courthouse veterans are honoring Dudley with a new characterization of the legal duty involved in his case:

The faux pas has made Dudley the butt of some mild ribbing around Santa Cruz. Local attorneys, he said, have started calling his unique defense the “sea sponge duty to instruct.”

Houston even has interesting traffic jams

longhorn bull.jpgThis Eyewitness News article reports on a rather unusual reason for a big-city traffic jam:

Drivers on the city’s south side found themselves caught up in a very unusual traffic tie up overnight.
Officers are used to pulling over drivers, but a bull on the Beltway proved a much greater challenge. Authorities did finally catch the bull, but not before the animal ran loose for about 30 minutes.
The bull originally got loose at about 11pm, and started blocking the Beltway for drivers. It was spotted first headed east on the South Belt near Sabo.
At one point, someone had a rope around the bull, but that person was dragged a little bit and the bull got loose again. The bull jumped the median and started heading west, finally exiting at the Pearland Parkway, and U-turning through the underpass.
Officers from the Houston Police Department and the Constable’s office finally managed to round the bull up and tie him to a fence.

Why didn’t Bob McNair consider Ditka?

ditka-m.jpgI wonder if this is the reason why Texans owner Bob McNair didn’t consider former Bears and Saints coach Mike Ditka before hiring Dan Reeves as a consultant to evaluate the state of the Texans?
Ah, the indiscretions of our youth. Hat tip to Eric McErlain for the Ditka link.