In one of first concrete signs of the erosion of limits on governmental misconduct toward U.S. citizens, this NY Times article reports on yesterday’s controversial 5-4 U.S. Supreme Court decision in the Michigan “knock-and-announce” case, which raises troubling new issues about whether the “exclusionary rule” will survive the Roberts Court for constitutional violations by police, including Fourth Amendment violations of searching citizens’ homes and seizing their property. A copy of the decision is here, and the SCOTUS blog has a good analysis of the Supreme Court’s opinion here.
Make no mistake about it, the Supreme Court’s decision is a full-blown attack on the traditional remedies for ensuring civil liberties in America. The decision clearly indicates that that Justice Scalia is intending a significant revision or casting aside of the exclusionary rule as a remedy for illegal governmental police conduct, perhaps best reflected by the opinion’s naive trust placed in police officers to ensure Constitutional protections. Particularly troubling to me is Justice Scalia’s dismissive attitude toward the “knock-and-announce” rule, not the least of which are the understandable terror and fear involved in having one’s door beaten down in the middle of the night by armed and masked men, the disturbing predicament that a homeowner confronts in deciding whether the intruders are criminals or police and the fact that the high emotion of such a situation can lead police to make horrifying misinterpretations of harmless gestures, which often result in tragic consequences. Justice Scalia gallingly ignores those valid reasons for the knock-and-announce rule by contending that the reasoning behind the rule is simply “the right not to be intruded upon in one’s nightclothes.”
Yeah, right. Orin Kerr places the positive face on the decision here, while Cato’s Mark Moller and Grits for Breakfast’s Scott Henson echo my more ominous view of the decision.
Monthly Archives: June 2006
Rumblings at Dell
Things are not looking all that rosy these days at Austin-based computer powerhouse, Dell, Inc. While competitor Hewlett-Packard, Inc. is undergoing a revival of sorts, Dell’s revenue growth has slowed considerably and profits have fallen. Not surprisingly, Dell’s share price has steadily declined to around $25, a loss of about 40% in less than a year. Long gone are the heady days of the company’s $60 share price in 2000.
Noting these problems, this NY Times article provides a good overview of Dell CEO Kevin B. Rollins‘ plan to reverse the downward trend at Dell. The seriousness of Dell’s problems is perhaps best reflected by the fact that the company is questioning virtually everything in its business model, including the possibility of breaking its longtime exclusive alliance with major chip supplier, Intel. As the story notes, it’s far from clear whether even Rollins’ plan will revive Dell’s dominance in the notoriously competitive PC manufacturing industry, so stay tuned.
Checking in on the MARS platform
One of the enduring images of the catastrophic damage that last summer’s hurricanes inflicted on Gulf Coast oil and gas production facilities was the picture to the left of Royal Dutch Shell PLC’s MARS floating production platform (previous posts here and here), which was badly damaged by Hurricane Katrina. As this Washington Post article reports, Shell has finished repairing the huge platform, just in time for this year’s hurricane season. The article goes on to provide a handy overview of the importance of the Gulf Coast oil and gas infrastructure for meeting the nation’s energy needs and the efforts to bolster the ability of that infrastructure to weather the severe storms of hurricane season.
Despite the massive repairs, the main improvement in the MARS platform to protect it from another severe storm is decidedly low-tech — stronger and twice as many clamps to hold the drilling rig to the platform. Those clamps work against vertical and horizontal forces and, during Katrina’s category 4-5 winds (the storm hit shore as a strong cat 3 storm), three inch steel bolts holding the previous clamps were sheared straight through. Although the old clamps had survived many storms, Shell engineers believe that the new ones will work even better.
The talented Mr. Graham
As noted earlier here, Houston has become the amateur baseball hotbed of America over the past decade, and no person is more responsible for that development than the coach of Rice University’s fine baseball program, the remarkable Wayne Graham.
Coach Graham was already a local coaching legend in local circles when he took over the Rice program 15 years ago. Already an accomplished high school and junior college baseball coach (he developed such players as Roger Clemens and Andy Pettitte at San Jacinto Junior College amidst the petrochemical plants on Houston’s southeast side), Coach Graham was 55 when he took the Rice coaching position, which was his dream job. Under Graham, Rice has won 11 conference championships in a row, gone to 12 NCAA regional tournaments and six Super Regional tournaments, and — with this year’s team — have five appearances in the College World Series. Rice’s 2003 NCAA National Championship in baseball was the school’s first team national championship in any sport, an achievement made all the more incredible given Rice’s high academic requirements and relatively small enrollment (less than 3,000 undergraduates).
Graham is now 70, but his real age is closer to 50 because of a rigorous workout regimen and a healthy diet. Thus, he has no intention of slowing down and, as this excellent David Barron/Houston Chronicle profile reports, don’t be surprised if Graham is still coaching the Owls at the age of 80. Although Barron’s profile captures the special nature of Graham well, this related Barron article passes along my favorite anecdote about Graham, which involves happy-go-lucky Stros star, Lance Berkman, who played for the notoriously no-nonsense Graham at Rice during the mid-1990’s:
Has that been proof read?
I’ve been meaning to pass along the Securities and Exchange Commission’s slick new full text search engine for regulatory filings. It’s a very helpful resource.
On the other hand, as Paul Kedrosky notes, one of the unintended consequences of the new search engine is that management of publicly-owned companies may want to consider upgrading the proof-reading department.
Prepping for the U.S. Open

The 2006 U.S. Open Golf Tournament begins today at New York’s venerable Winged Foot Golf Club, so the following will provide you with some interesting reading while you enjoy this year’s edition of golf’s most challenging tournament:
This NY Times article describes how Phil Mickelson’s recent success in major golf tournaments is largely the result of his team of advisors refining Mickelson’s preparation for major golf tournaments;
A family of golf pros with strong connections to both Winged Foot and Houston provide helpful hints on surviving Winged Foot;
Nike is going to try and make us cry on Father’s Day, which Jim Corrigan finds appalling;
Speaking of Tiger Woods, this NY Post article reports on Tiger’s yacht, which he is using this week in lieu of a hotel while playing at Winged Foot, and includes Tiger’s morning greeting to the gawking reporters (“It’s a little early to be taking pictures out there, isn’t it? Have a nice f- – -ing day.”);
By the way, PGATOUR.com writers Joe Wojciechowski, Dave Shedloski and Brett Avery are following Tiger during his U.S. Open rounds and blogging about it here;
The Guardian’s Lawrence Donegan reviews the brutal conditions at Winged Foot and includes this quote from Mickelson:Phil Mickelson went as far to suggest the course was “on steroids”. “I’m going to make a prediction,” he added. “Someone will hit the wrong ball out of the rough this week. There are not hundreds of members’ balls out there, but thousands, and you just can’t see them even when you are standing over them. It is thicker and denser than any rough I have ever seen.”
John Hawkins reports that some of the pros are not thrilled with the condition of Winged Foot’s greens;
And, although not U.S. Open-related, don’t miss this video of Fuzzy Zoeller’s incredible hole-in-one a couple of weeks ago during a Champions Tour event in Des Moines.
The art of free throw shooting
Almost lost amidst Dwayne Wade‘s heroics during the final six minutes of Miami’s nailbiting win over Dallas in the third game of the NBA Finals the other night was Miami center Shaquille O’Neal‘s making two free throws down the stretch to help his team’s comeback. For the free-throw challenged O’Neal, those free throws were nothing short of remarkable — to that point in the series, he had made only four of 20 free throws.
Of course, poor free-throw shooting is nothing new for O’Neal. Although he is one of five best centers ever to play professional basketball (Russell, Chamberlain, Abdul-Jabbar, and Olajuwon are the other four), O’Neal would inarguably be the best of the bunch if he could shoot free throws close to as well as Abdul-Jabbar and Olajuwon did. Only Chamberlain among the greatest centers has a worse free throw shooting percentage than Shaq, and O’Neal (52.8%) may even go below Chamberlain’s desultory 51.1% career free-throw shooting percentage before his career is over.
The art of free-throw shooting has always interested me, and I could probably go out and hit six or seven out of ten free throws today even though I have not shot one in several years. So, when I came across this latest article about the Miami coaching staff’s attempts to help O’Neal with his free-throw shooting, it reminded me of a conversation that I had years ago about free-throw shooting early one morning on the driving range of Sweetwater Country Club in Sugar Land. The only other person on the range that morning happened to be a very good free-throw shooter, former Houston Rockets guard, Mike Newlin (87% career percentage).
Newlin had a solid 11-year NBA career, mostly with the Rockets and then with the Nets and Knicks for his last three seasons. He had impeccable fundamentals as a basketball player, and his free throw shooting style was close to perfect. At the time we found ourselves on the same driving range, I had never met Newlin, but I felt a connection to him because we had both come to Houston in 1972, my late father and I had watched him play many games in the early years of the Rockets in Houston and we had a number of mutual friends in the business community. So, before leaving the range to find my golfing partners and head for the first tee, I approached Newlin and introduced myself. He was extremely cordial and we spent several minutes chatting about our mutual friends and the early years of the Rockets in Houston.
During our chat, I observed to Newlin that he exhibited the best fundamentals in shooting free throws of any player that I had ever seen. Newlin, who is quite bright, had obviously had similar thoughts, but did not agree with me:
“Nope. I had the second-best fundamentals,” he replied.
“Who had the best?” I inquired.
“Rick Barry.”
Best house deals are in Aggieland
This James Hagarty/Wall Street Journal ($) article reports on a recent analysis that ranks the Bryan-College Station area — home of Texas A&M University — as the most “undervalued” housing market in the country during this year’s first quarter. In fact, eight out of the ten most undervalued markets are in Texas (Dallas and Ft. Worth are second and third, and Houston is fourth). Although such studies are usually accompanied by some hand-wringing from those who are concerned about the value of their home, the reality is that the availability of relatively cheap housing is one of the main drivers of Texas’ economic growth over the past generation. Here’s hoping that it continues.
Hey FEMA, can you spare a dime?
So, you thought that the Federal Emergency Management Agency’s response to the damage from Hurricane Katrina last year left much to be desired? Well, this NY Times article reports that a recent Congressional investigation has determined that the agency’s relief effort was stellar in comparison to its fraud management policies:
As much as $1.4 billion in government disaster aid to victims of Hurricanes Katrina and Rita ó nearly a quarter of the total ó went to bogus or undeserving victims, a new Congressional investigation concludes. [. . .]
The improper or fraudulent payments went to a dizzying array of con artists or other undeserving recipients, according to the analysis by the Government Accountability Office, which is set to announce its findings at a hearing Wednesday.
In one case, a man stayed more than two months on the government tab at a hotel in Hawaii that cost more than $100 a night. At the same time, he was getting $2,358 in government rent assistance, even though he had not been living in the property he claimed was damaged in the storm.
Emergency aid was used to pay for football tickets, the bill at a Hooters in San Antonio, a $200 bottle of Dom Perignon, “Girls Gone Wild” videos, even an all-inclusive weeklong Caribbean vacation, the report says. More than $5 million went to people who had provided cemeteries or post office boxes as the addresses of their damaged property.
FEMA also provided cash or housing assistance to more than 1,000 prison inmates, totaling millions of dollars; one inmate used a post office box to collect $20,000. . .
In another case, 24 payments, totaling $109,708, were sent to a single apartment, where eight people each submitted requests for aid eight times, each time using their own Social Security numbers.
Another person collected 26 payments using 13 different Social Security numbers ó a total of $139,000 ó even though public records show the individual did not live at any of the addresses reported as damaged. [. . .]
Investigators concluded that fraudulent or improper payments probably ranged from $400 million to $1.4 billion, leading them to settle on $1 billion as their most likely estimate, representing about 16 percent of the distributed aid. [. . .]
Representative Michael McCaul (Rep. Tex.), who is chairman of the House subcommittee that led the inquiry, is not pleased:
“When you have federal and state prisoners applying for the taxpayers’ money ó while they are in prison ó and then the disaster aid, that is a real assault on the American taxpayer,” he said. “I don’t have any tolerance for that.”
A NYC subway attack injures a young Houstonian
This NY Times article reports on the random stabbing attack of 21-year old Houstonian, Christopher McCarthy, on a New York City subway at 110th Street and Central Park West yesterday afternoon. McCarthy, who was on a two-week vacation in New York City with his girlfriend, is in critical condition after undergoing surgery for multiple stab wounds to his chest. The attacker walked away after stabbing McCarthy and has not been apprehended.
Although always unsettling, subway violence in New York City is actually far less frequent now than in earlier eras. When Utah tennis pro Brian Watkins was murdered 16 years ago by a gang that attacked Watkins and his family on a NYC subway as they were on their way to dinner, Watkins was one of more than 2,000 people murdered in New York City that year. Last year, less than 600 murders occurred in New York City, the fewest in over 40 years.
Update: Looks as if NYPD has caught the likely attacker.