VDH on Fallujah

Arguably the most insightful commentator on the war against the radical Islamic fascists — Victor Davis Hanson — posts this excellent article with his insights into last week’s debacle at Fallujah:

I am sorry, but these toxic fumes of the Dark-Ages permeate everywhere. It won?t do any more simply to repeat quite logical exegeses. Without consensual government, the poor Arab Middle East is caught in the throes of rampant unemployment, illiteracy, statism, and corruption. Thus in frustration it vents through its state-run media invective against Jews and Americans to assuage the shame and pain. Whatever.
But at some point the world is asking: ?Is Mr. Assad or Hussein, the Saudi Royal Family, or a Khadafy really an aberration?all rogues who hijacked Arab countries?or are they the logical expression of a tribal patriarchal society whose frequent tolerance of barbarism is in fact reflected in its leadership? Are the citizens of Fallujah the victims of Saddam, or did folk like this find their natural identity expressed in Saddam? Postcolonial theory and victimology argue that European colonialism, Zionism, and petrodollars wrecked the Middle East. But to believe that one must see India in shambles, Latin America under blanket autocracy, and an array of suicide bombers pouring out of Mexico or Nigeria. South Korea was a moonscape of war when oil began gushing out of Iraq and Saudi Arabia; why is it now exporting cars while the latter are exporting death? Apartheid was far worse than the Shah?s modernization program; yet why did South Africa renounce nuclear weapons while the Mullahs cheated on every UN protocol they could?

Then, Mr. Hanson lays it on the line:

The enemy of the Middle East is not the West so much as modernism itself and the humiliation that accrues when millions themselves are nursed by fantasies, hypocrisies, and conspiracies to explain their own failures. Quite simply, any society in which citizens owe their allegiance to the tribe rather than the nation, do not believe in democracy enough to institute it, shun female intellectual contributions, allow polygamy, insist on patriarchy, institutionalize religious persecution, ignore family planning, expect endemic corruption, tolerate honor killings, see no need to vote, and define knowledge as mastery of the Koran is deeply pathological.

And sums it up as follows:

I support the bold efforts of the United States to make a start in cleaning up this mess, in hopes that a Fallujah might one day exorcize its demons. But in the meantime, we should have no illusions about the enormity of our task, where every positive effort will be met with violence, fury, hypocrisy, and ingratitude.
If we are to try to bring some good to the Middle East, then we must first have the intellectual courage to confess that for the most part the pathologies embedded there are not merely the work of corrupt leaders but often the very people who put them in place and allowed them to continue their ruin.
So the question remains: did Saddam create Fallujah or Fallujah Saddam?

Read the entire piece. VDH is the essense of clear thinking.

Batter up! Stros 2004 Review: Season Preview

The Astros (or “the Stros” as they’re known locally) open the 2004 Major League Baseball season this evening at 6 p.m. in Minute Maid Park against the San Francisco Giants. Ace Roy Oswalt will pitch for the ‘Stros and Kirk Rueter will hurl for the Giants. A NY Times article on the ‘Stros is here.
The mainstream media’s coverage is typical Astros’ propaganda, echoing the club’s theme that the off-season acquisition of Roger Clemens and Andy Pettitte make “this the Astros’ season,” whatever that means.
In reality, while the Astros’ pitching staff is strong, the rest of the team has some big question marks. My sense is that the ‘Stros will struggle to score enough runs this season to be a championship caliber team. They have huge holes in the hitting lineup at catcher (Brad Ausmus, one of the worst hitters in baseball), shortstop (Adam Everett good field, no hit) and centerfield (Craig Biggio, probable Hall of Famer, but over the hill). Of their better hitters, one has a bad wrist (Jeff Kent), one has had one good season out of the last three (Richard Hidalgo) and one is beginning his sixth straight season of declining production (Jeff Bagwell). With the exception of promising OF Jason Lane (who should be starting in front of Biggio in CF), the bench players are uninspiring. That leaves solid young hitters Lance Berkman and Morgan Ensberg, who probably will have to have spectacular seasons to pull up the others on the club who will likely be declining.
To make matters worse, Astros’ manager Jimy Williams’ batting card has the light hitting Biggio and Everett batting one and two, while the far better hitting Berkman and Ensberg are listed at sixth and seventh. Go figure.
The bottom line: the ‘Stros have solid pitching with questionable hitting, below average depth, and a bull-headed manager. Not exactly a prescription for a championship season, but I’ll be following developments with interest, anyway.

WSJ on the case of Colonel Dowdy

This Wall Street Journal ($) article relates the interesting story of Marine Colonel Joe D. Dowdy, who was relieved of his command during the U.S. invasion of Iraq last year. Not only is this a fascinating story about the pressures involved in commanding a Marine regiment in battle, but it also provides insight into the battlefield tactics that the U.S. military has executed brilliantly and effectively in the last three major military operations — Desert Strorm, Afghanistan, and the latest Iraq operation:

A potential 150-mile bypass around Nasiriyah didn’t seem feasible. Col. Dowdy wasn’t sure he had enough fuel and didn’t know what resistance he might face. The First Regiment was stuck.
The halt was anathema to Gen. Mattis, a devotee of a modern military doctrine known as “maneuver warfare.” Though Marines have practiced the technique for years, the Iraqi war was its first large-scale test. Instead of following rigid battle plans and attacking on well-defined fronts, this tactic calls for smaller forces to move quickly over combat zones, exploiting opportunities and sowing confusion among the enemy. The technique is summed up in Gen. Mattis’ radio call name: “Chaos.”

* * *

The issue of speed in Iraq remains in debate. Last fall, the Army War College, a Pentagon-financed school where officers analyze tactics, released a study saying there was little evidence that speed affected the outcome of the war. The stiff resistance outside Baghdad suggests U.S. forces may have done better by moving at a more measured pace, entering more cities, rooting out fighters and leaving more troops in the provinces to enforce order, the report said.
However, in another study yet to be finalized, the military’s Joint Center for Lessons Learned says speed was integral to U.S. military success in Iraq. In a speech in February, Adm. E.P. Giambastiani, commander of the Joint Forces, said speed “reduces decision and execution cycles, creates opportunities, denies an enemy options and speeds his collapse.”

As noted in this earlier post, the creative and effective military tactics used in the current Iraq operation and the two earlier operations were not embraced easily within the military establishment. Author Robert Coram’s book, “Boyd: The Fighter Pilot Who Changed the Art of War,” presents a compelling story of how dedicated military experts outside of the Pentagon establishment fought over a 20 year period to change traditional Pentagon thinking on military tactics. As noted in the earlier post, appearances are deceiving with regard to the Pentagon, the special interests that attempt to control it, and the elected officials who attempt to lead it.
This is not a story that the mainstream media covers well, so Mr. Coram’s book and a few others are essential to an understanding of the way in which the U.S. Armed Forces confront issues of military tactics in modern warfare. It is particularly noteworthy that, during their service in the Reagan, first Bush, and current Bush Administrations, Messrs. Rumsfeld, Cheney and Powell have been leaders at the forefront of facilitating these new ideas on military tactics. Their support for those new ideas has often put them at odds with the Pentagon establishment, which is a “behind the scenes” conflict that the mainstream media has largely ignored. That is an important point to remember during this political season when these public servants will likely be accused of being lapdogs for the military establishment.

One Tyco juror’s account

This is the account of one of the Tyco jurors, who is a writer for Sports Illustrated. Hat tip to TigerHawk for the link.

Nuclear winter

In this absolutely fascinating piece of photographic story telling, a Russian woman named Elana rides into the Chernobyl region of Russia and reports on what she finds. Don’t miss this. Hat tip to Online Jounalismus via BuzzMachine for the link to this thought-provoking story.

Professor Balkin on environmental policy

In this post, Professor Balkin points to this NY Times article regarding the Bush Administration’s use of administrative power to restructure over thirty years of federal environmental policy. Professor Balkin’s post insightfully points out how the Republicans’ control of the executive and legislative branches of the federal government have allowed it to reshape a generation of federal environmental policy, and it is not at all clear that such restructuring was either necessary or in the public interest.
In one of the more important parts of Ron Suskind’s “The Price of Loyalty,” former Bush Administration Treasury Secretary Paul O’Neill describes how the Bush Administration undermined the common sense environmental policies that former EPA administrator, Christine Todd Whitman was advocating that the administration follow in 2001. Mr. O’Neill used this incident as an example of his primary criticism of the Administration, which is its lack of policy analysis before establishing governmental policy.
As noted several times in this blog, I am generally supportive of the Bush Administration’s handling of the war against radical Islamic fascists. However, I continue to maintain that the Administration’s Achille’s heel is its lackluster performance on a variety of domestic issues, such as health care finance, tax policy, and environmental policy. If President Bush loses this November, my bet is that its performance on these issues will be the primary reason for the defeat.

A little distraction for Barry Bonds

His lawyer is publicly claiming that Barry Bonds has become a target of the criminal investigation into illegal distribution of steroids in the Bay Area.

Professor Lessig on copyright infringement

In this NY Times Review of Books piece, Adam Cohen reviews Stanford professor Larry Lessig‘s important new book, “Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity” (Penguin Press 2004). The illegal downloading of music over the Internet has brought attention to copyright issues more than at any time in America’s history, and Professor Lessig has been at the forefront of the “copyleft” movement, which advocates a common sense rethinking of our copyright laws to facilitate creativity and the free exchange of knowledge. As Mr. Cohen notes in his review, Professor Lessig has an entertaining way of pointing out the frivolous nature of many copyright disputes:

For the silliness to which copyright battles frequently descend, it is hard to improve on Lessig’s story of the Marx brothers telling Warner Brothers, after it threatened to sue if they did a parody of ”Casablanca,” to watch out because the Marx brothers ”were brothers long before you were.”

Professor Lessig’s theories are based upon the historical use of ideas, points out Mr. Cohen:

Lessig grounds his argument about the new rules’ impact on the culture in a basic observation about art: as long as it has existed, artists have been refashioning old works into new ones. Greek and Roman myths were developed over centuries of retelling. Shakespeare’s plays are brilliant reworkings of other playwrights’ and historians’ stories. Even Disney owes its classic cartoon archive — Snow White, Cinderella, Pinocchio — to its plundering of other creators’ tales. And today, technology allows for the creation of ever more elaborate ”derivative works,” art that builds on previous art, from hip-hop songs that insert, or sample, older songs to video art that adds new characters to, or otherwise alters, classic films.

The societal threat of the copyright explosion ultimately is constriction to the development of new ideas:

The result of this explosion of copyright, Lessig argues persuasively, is an impoverishment of the culture. Corporations now have veto power over the use of copyrighted materials, in many cases long after the creators themselves have died, and they can use that power to lock up a significant part of our cultural legacy. At a ridiculous extreme, Lessig tells the story of a filmmaker who tried to get clearance for a several-seconds-long shot, in a documentary about Wagner’s Ring cycle, of stagehands watching ”The Simpsons” backstage during a performance. The Simpsons’ creator, Matt Groening, gave permission. But Fox’s vice president for licensing, as Lessig tells it, demanded $10,000 for the rights and added, ”If you quote me, I’ll turn you over to our attorneys.”

In the meantime, Stephen Manes over at Forbes.com is not as impressed with Professor Lessig’s book:

Man the barricades for your right to swipe The Simpsons! According to Stanford law professor and media darling Lawrence Lessig, a “movement must begin in the streets” to fight a corrupt Congress, overconcentrated media and an overpriced legal system conspiring to develop “a ?get permission to cut and paste’ world that is a creator’s nightmare.”
That’s the gist of Lessig’s inflammatory new screed, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity ({(C1)}Penguin Press{(T1)}, $25; free online starting Mar. 25). A more honest title? Freeloader Culture: A Manifesto for Stealing Intellectual Property.
“There has never been a time in our history when more of our ?culture’ was as ?owned’ as it is now,” Lessig huffs. Huh? In the 1920s, 1930s and 1940s a handful of companies exerted ironclad control over the movie, radio and record businesses; Xeroxes and tape recorders were nonexistent. Though “cut and paste” was limited to scrapbooks, creators of all stripes somehow managed to flourish.
Contrary to Lessig’s rants, today’s technology has made creators freer than ever to devise and distribute original works. But technology has also given consumers powerful weapons of mass reproduction with strong potential for abuse. The intellectual property issue of our time is how to balance the rights of creators and consumers.

In this post, Professor Lessig responds to Mr. Manes’ criticism.
We all need to become better informed about this increasing risk, and Professor Lessig is a valuable teacher on these issues. You can bet that his book is on my reading list.

VDH on General Patton

George C. Scott’s magnificent performance in the 1970 film “Patton” triggered a generation of interest and scholarship in this fascinating hero of the Second World War. In this Claremont Review of Books review of a new biography of Patton, Victor Davis Hanson provides an interesting and valuable overview of the previous biographies of General Patton. My brother Matt — who reads everything on General Patton — prefers Carlo D’Este’s “Patton: a Genius for War,” of which VDH writes:

In fact, we owe D’Este a great deal for his evenhandedness: although an Omar Bradley or Eisenhower might better appeal to his own sense of decorum, D’Este was too much the scholar not to see that beneath Patton’s repugnant crudity there was both talent and, in the end, humanity?and a tactical genius that simply overshadowed Eisenhower’s and Bradley’s combined.

Read the entire review for an interesting analysis of one of America’s great generals of the 20th century.

Get ready to rumble – another residential real estate case

The residential real estate business is one brutal business.
This interesting First Circuit Court of Appeals decision involves a breach of implied covenant of good faith and fair dealing claim in connection with the sale of a Nantucket Island summer home.
The Zachars put up $205,000 in earnest money to purchase the home from the Lees for total consideration of $2,050,000. Prior to closing, the Zachars plans changed and they decided not to close on the home. In an effort not to lose all of their $205,000 in earnest money, the Zachars persuaded the Lees to enter into another agreement in which the Lees agreed to list the property for another six month period. If the Lees sold it during that period, then the Lees would pay the Zachars any excess that they received over the original $2,050,000 purchase price up to a total of $205,000.
Inasmuch as the Lees’ real estate company was the sole broker of the property, the Zachars were fortunate to have a contractual provision in their favor that the Lees would use reasonable and commercial means to sell the property. I say that was fortunate because the Lees proceeded to jack up the asking price for the property to $2,475,000 and then refused to reduce the asking price during the term of their agreement with the Zachars. Not surprisingly, the home did not sell and the Lees claimed entitlement to the entire $205,000.
Those were fightin’ words. The Zachars sued the Lees for the $205,000 under the theory that the Lees’ conduct in jacking up the asking price and refusing to lower it was a breach of their implied covenant of good faith and fair dealing. The jury agreed, and awarded the Zachars $205,000 in damages from the Lees.
Undaunted, the Lees appealed, a part of which contended that the District Court should have granted the Lees’ Daubert challenge to the Zachars’ real estate appraiser’s expert opinion on the reasonable length of time necessary to sell the property. The First Circuit upheld the District Court’s overruling of the Lees’ Daubert challenge, reasoning that the expert’s opinion on that particular issue was not important to the expert’s overall opinion or the trial issues, and that the District Court’s decision, even if wrong, amounted to harmless error.
Seems to me that everyone involved in this debacle could have saved a lot of time and effort by simply splitting the earnest money at the outset. But my experience is that parties to residential real estate transactions rarely act rationally. Hat tip to Blog 702 for the link to this interesting decision.