Only in Houston

A decade or so ago, a soliciter from London came over to Houston for the first time in his life to appear in federal court with me on a case that we were handling for a mutual client.
My friend was quite surprised by Houston’s huge trees, numerous lakes, bayous, and wildlife, particularly near my home in The Woodlands. He candidly admitted that even most sophisticated Londoners have the misconception that Houston is in the Wild West of movie lore, located in the sagebrush and dusty desert terrain of far West Texas. This Chronicle article won’t do much to correct similar misconceptions:

A police officer who struck a runaway horse on a freeway was critically injured early today, authorities say.
Several other motorists struck the horse’s carcass on Interstate 45 before police could shut down the freeway’s northbound lanes.
The injured officer, who was off-duty and driving a personal vehicle, managed to pull over to the side of the freeway after the collision but the top of his car was sheared off by the impact, said David Gutierrez, a Houston Police Department accident investigator.
He said the horse was running southbound in the northbound lanes of I-45, just north of the I-610 loop, when the first collision occurred.
The injured officer, who had to be rescued from his vehicle using the Jaws of Life, was listed in critical condition at Ben Taub General Hospital’s trauma center.
It was unknown how the horse got on the roadway.
While investigators were waiting for Harris County animal control officers to remove the horse, several other vehicles struck the carcass.

Don’t let those facts get in the way of the agenda

As noted in earlier posts here and here, U.S. District Judge Vanessa Gilmore of Houston is currently presiding over a rather ugly criminal case in Houston against against three people accused in the deaths of 19 illegal immigrants who were being smuggled into this country in the back of a blistering hot trailer.
As noted in the earlier posts, Judge Gilmore and the prosecution have not been getting along very well during the course of this prosecution. After Judge Gilmore’s earlier threat to hold the prosecutors in contempt of court for failing to divulge internal Justice Department deliberations regarding the decision to seek the death penalty against one of the defendants, the prosecution filed a writ of mandamus (that’s like suing the judge) with the Fifth Circuit Court of Appeals requesting the appellate court to order Judge Gilmore, in effect, to quit jacking with the prosecution over communications that are clearly privileged. The Fifth Circuit agreed with the prosecution, and issued this pointy-edged 22 page opinion that, among other things, is clearly a rather sharp rebuke of Judge Gilmore’s treatment of the prosecution in the case.
On the heels of that dust-up, the Houston Chronicle ran this editorial last week on the matter that contains so many errors and misleading statements that it is questionable whether the author had even bothered reading the Fifth Circuit’s decision before writing the editorial. Kevin Whited over at blogHouston.net dissects the Chron editorial and, in so doing, establishes that the Chron editorial page is certainly not going to allow facts to get in the way of its political agenda.

To regulate or not to regulate? That is the question

The New York Times sometimes has trouble sorting out business news items because of its bias in favor of greater government regulation over capitalist roaders.
On one hand, this NY Times Sunday article on the struggling airline industry suggests that perhaps the solution to the industry’s problems is to return to the era of regulation in which consumers paid higher prices, but airlines served better food on the flights. The only “experts” in the article quoted in favor of returning to those bygone days of high prices and limited service areas are union representatives, who believe that the higher-paying jobs of the regulation era are the birthright of airline workers. Hardly a mention is made of the fact that such increased regulation would bring increased costs to an industry that certainly doesn’t need more of those.
From a consumer standpoint, airline deregulation has been a remarkable success that has resulted in far cheaper prices and much greater service than ever before. Thus, while the Times’ premise for the article is that increased regulation could help the struggling airlines and their workers, the better premise would have been the following — i.e., despite the great success of deregulation, why are so many airlines continuing to struggle and why is it so difficult to put the chronically unprofitable airlines out of their misery?
On the other hand, this Times article notes that an unintended consequence of the increased regulation of public corporations under the Sarbones-Oxley legislation is that an increasing number of public firms are delisting because of the high cost of compliance with the legislation. Thus, as Professor Ribstein notes in this typically insightful post on the same article, “we can add a decline in disclosure as firms delist and withdraw from mandatory disclosure requirements” as further negative consequences of Sarbox.
For most businesses, the primary benefit of going public is the access to cheaper equity capital. Sarbox’s increased cost of compliance is effectively making that public equity capital more expensive and less attractive. Business owners don’t go public just for the joy of making public disclosures and dealing with class action plaintiffs’ lawyers.

On Bullshit

Harry G. Frankfurt is an emeritus philosophy professor at Princeton, and he has just published a new book, On Bullshit (Princeton 2005). Here is the product description:

Deleted at Professor Frankfurt’s request.

Here is a shorter paper by Professor Frankfurt regarding the same subject matter. Hat tip to the Legal Theory Blog for the link to this fascinating analysis of bullshit.

Remembering Auschwitz and Dachau

Samuel Pisar is an international lawyer and author Of Blood and Hope (MacMillan 1979), who is probably best known for his advocacy of free trade between the U.S. and Russia. However, Mr. Pisar is also one of the youngest survivors of the Nazi death camps at Auschwitz and Dachau. Don’t miss Mr. Pisar’s Washington Post op-ed on the 60th anniversary of the liberation of the death camps. Wise words from a gentleman who truly understands the inherent depravity of man.

Perot on Perot

This Dallas Morning News article interviews H. Ross Perot, the founder of Electronic Data Systems, the founder and chairman emeritus of Perot Systems Corp., the two-time U.S. presidential candidate, and — depending on your point of view — either the Texas legend or the lengendary Texas quack.
The best book on Mr. Perot is Gerald Posner‘s Citizen Perot (Random House 1996). Although not as good as Posner’s definitive Case Closed (Random House 1994) on the John F. Kennedy assassination, Citizen Perot nevertheless provides a generally balanced of one of the most complex, colorful, crafty figures on the American political and business landscape over the last 25 years of the 20th century.
Perot is fascinating from a business standpoint not only because of the billions he made as a pioneer in data processing and Texas real estate, but also because of the millions he lost in naive and ill-fated ventures. Although often a savvy and skillful business operator, Posner’s book quotes colleagues who describe Perot as as “squirrelly” and “paranoid.” Nevertheless, Perot is not one to allow his critics to gain an advantage, so he made fun of them by dancing in public to Patsy Cline’s famous rendition of Willie’s Nelson’s classic song, Crazy.
In Citizen Perot, Posner does a fine job of delineating Perot’s contradictions. One one hand, Perot can be incredibly generous to employees needing medical help, but he was also known for berating loyal workers viciously. During the 1992 Presidential campaign, he criticized the influence of Washington lobbyists, but he hired the best in the lobbying business to help EDS and Perot Systems secure business deals in Texas, Washington, and internationally. Perot promoted an outsider political image, but he exerted tremendous influence upon past presidents and presidential campaigns. One of the most memorable descriptions of Perot came from Posner’s interview with Ken Riedlinger, a longtime executive of EDS:

“I like Ross. He saved my life a couple of times. But I also hate Ross. Yet I voted for him. And I would probably go back to work for him tomorrow if he asked.”

Other interesting parts of the Perot legacy are his 1979 rescue mission to Iran, his private battles with business and government leaders he considered corrupt, his animosity toward George H.W. Bush, and his paranoid charges of Republican dirty tricks against his daughter during the 1992 campaign. Indeed, Perot’s performance during the 1992 Presidential debates — along with Bill Clinton’s formidable debating skills — made those debates the most entertaining of any since that format was introduced during the 1960 Presidential campaign.
After his second and less successful presidential race in 1996, Perot has all but disappeared from the public scene. He now concentrates on his family, veterans’ causes, and “big picture” business projects. Nevertheless, he remains a consummate storyteller, which makes the DMN interview a good read. Check it out.

Velvel on blogging

Lawrence R. Velvel is the dean of the University of Massachusetts Law School and writes an interesting blog called Velvel on National Affairs. This earlier post referred to one of Dean Velvel’s earlier posts relating to the plagiarism scandal at Harvard Law School.
In this recent post, in the course of complimenting this Joseph Ellis op-ed regarding what George Washington would recommend as goals for the Bush Administration’s second term, Deal Velvel provides one of the most insightful descriptions of the power of blogging that I have seen:

Frankly speaking, I assume — I don?t know this, but am assuming it — that the column got into the papers in the same way that the book and newspaper industries normally work together. That is to say, to flog sales publicists at big name publishers ask big name newspapers to carry a column by a big name author relating to the subject of a new book the author wrote. Because the publisher and the author are big names, the big name newspaper agrees. This typical arrangement is symptomatic of the symbiotic elephantiasis which exists everywhere in this nation and is ruining the country: It is typical of the fact that, in every walk of life, only the huge in size, huge in money, huge in reputation, and/or huge in connections can really get anywhere.
This fact, incidentally, is one of the reasons for the rise of the poor man?s printing press called The Internet, which gives a small opening to people who are otherwise shut out regardless of competence — just as, conversely, others are insiders regardless of competence.

The risks of the Texas-Mexico border

This Washington Post article reports on a troubling development that many Texans prefer to ignore — that is, the increasing number of missing persons who are being abducted in the Mexican border towns along the border of Texas and Mexico.
21 U.S. citizens have been kidnapped or disappeared between August and December of last year. Of those 21, nine were later released, two were killed, and 10 remain missing. Moreover, law enforcement officials report an alarming rate of kidnappings that are occurring across Mexico, including what are dubbed “express” kidnappings that are performed for “quick cash” ransoms.
The Rio Grande Valley of Texas — or “the Valley” as Texans call it — has always been a fascinating and troubling part of Texan culture. Larry McMurtry portrayed the late 19th century version of the area brilliantly in his Pulitzer Prize winning novel, Lonesome Dove, which was made into one of the best television mini-series of all time in 1989 with Robert Duvall and Tommie Lee Jones in the main roles. Filmmaker John Sayles provides an equally remarkable portrayal of the area during the 1950’s and 1980’s in his fine 1996 film, Lone Star, which includes Valley native Kris Kristofferson in the flat out best performance of his acting career. The area is among the lowest in terms of per capita income in the United States, yet even that chronically depressed economy is a fantasy of riches for many of those living in the poverty of the teeming Mexican border towns.
The region’s problems are complex and difficult, which makes the area prone to being ignored. The increased violence of late is the natural result of such neglect, and the usual response to such spikes in violence along the border — i.e., heightened law enforcement — is only a short term solution that often contributes to the animus that many of the Hispanic citizens of the area have toward the state. The area is desperate for leadership and a vision for solving its problems, yet those intractable problems tend to repel those in government who are in a position to do something about them. In short, the Valley needs statesmen, which are in short supply in the polarized American political landscape of the early 21st century.

The real reason for the Jenn-Brad split

There just had to be more to the breakdown in the Jennifer Aniston-Brad Pitt marriage than the MSM has been reporting. This Watley Review piece reveals the true reason for the breakup:

“Brad’s always been a fan of Wittgenstein,” confided Hanson Terrell, an assistant at the Plan B production company co-owned by the pair. “You know, kind of abstract, more focused on issues of language and so on. Jennifer, on the other hand, is a pure Karl Popper fan, all pragmatism. It’s kind of amazing they got married in the first place.”
“She felt Brad was screwing around with her, that when he stared into space at the beach he wasn’t resolving apparent paradoxes through analyzing their phrasing, but instead checking out the brunette in the thong,” said gossip columnist Mark Lisanti of The Defamer.

ACLU quandry

This NY Times article reports on an interesting struggle that is developing within the American Civil Liberties Union board of directors.
I wonder whether the ACLU will represent the board members against the ACLU in protesting the ACLU’s attempt to chill their free speech rights? ;^)