Ernie The Attorney

Kindle update (minor problems, amazing realization)

Well, my Kindle had a small problem. The other day it ceased waking up from sleep. The only solution was to flip the little guy over on its back, remove the battery cover, and reset it with a paper clip. I had to do this every time it went into sleep mode.

Not cool, obviously.

I called Amazon support and they walked me through some steps and then concluded the device needed replacing. They sent me another one, which arrived today. After charging it I fired it up, and it took a few minutes to find the wireless connection. Then I registered it to my account. But, it had no books on it, even though I had bought a bunch already.

Turns out it was easy to get the books I had already ordered to 'come back' to my new Kindle: all I had to do was go to the "Content Manager" and select the books I wanted to re-download and, bada bing!, there they were. And the best part? When I opened each book it was exactly where I was when I was reading it before. In other words, the books you download are not only kept on Amazon (in case you need to re-download them) but Amazon also keeps track of where you were in the book the last time you were reading it.

I knew that they kept your bookmarks and highlights backed up, but I didn't realize they kept your place in the book backed up too. That means if your Kindle was ever lost or stolen, you could get a new one and replace all your books (for free) and open each one to the page where you last were. Nice.

I'm really glad my Kindle is back up and running. In the short period I've had it I've come to realize that it's not something I can easily live without. I'm reading a lot more, and more easily. The Kindle is now available for immediate shipment (i.e. no long waits anymore). If you like to read books then you should definitely get a Kindle; you'll be glad you did, especially if you read a lot while traveling.

Famous News Anchor bloggers

NBC news anchor Brian Williams has an interesting blog post about reading the Sunday New York Times. That's right: a blog post.

Irrational security, part II

Peggy Noonan's Wall St. Journal article The View from Gate 14 is provocative, not just for its indictment of our travel security system but also for her observations about George Bush. In case you forgot, she was a speech writer for Bush senior.

Fundamentalism & Religious Delusion

Richard Dawkins' excellent bookThe God Delusion is currently #12 on the NY Times best-seller list for paperback non-fiction. Dawkins is a scientist and wants to let people know that it's okay to be an atheist, despite strong resistance to the idea of questioning religious faith. His criticism of religious beliefs is polite and thoughtful, but of course that does not appease the faithful. The 'faithful' might also be called 'fundamentalists.'

What's a fundamentalist? Someone who looks at all new information to see if it matches their beliefs (or principles) and ignores that which doesn't match. The more extreme fundamentalists don't simply ignore the information, they become agitated. And really extreme fundamentalists have been known to attack. So offering new ideas can be harmful to your health. Especially if religion is involved. Just ask Galileo.

And where isn't religion involved? Even today, it's everywhere—even in places that seem implausible. Two hundred years ago our founders created a Constitution demanding the complete separation of church and state, but today practical reality tilts in precisely the opposite direction. Polls show that most Americans will elect only those political leaders who believe in God. Dawkins' is not running for U.S. President, but he has an important message: it's okay, sensible even, to question things that are unsupported by evidence. And he thinks that there isn't any meaningful evidence of God's existence.

Perhaps, though, he misunderstands the essence of religious faith.

The nice thing about a belief in God is that it offers us comfort and security. Who cares if it's provable? If it provides security then it must be a good thing. Non-fundamentalists, such as Dawkins, question even this proposition:

Then there is the security created by man in the idea of God. Many people ask me whether I believe in God, whether there is a God. You cannot discuss it. Most of our conceptions of God, of reality, of truth, are merely speculative imitations. Therefore, they are utterly false, and all our religions are based on such falsitites. A man who has lived all his life in a prison can only speculate about freedom; a man who has never experienced the ecstasy of freedom cannot know freedom. So it is of little avail to discuss God, truth; but if you have the intelligence, the intensity to destroy the barriers around you then you will know for yourself the fulfillment of life. You will no longer be a slave in a social or religious system.

By the way, the above words weren't written by Richard Dawkins, the scientist. They were spoken by J. Krishnamurti, a supremely spiritual man. His message was also that people should examine things for themselves, without preconceptions or conceptualizations. To him, this was the essence of spirituality.

Krishnamurti didn't want any followers, but he wound up having some, and still does. You don't hear much about them because they don't attract attention. They haven't started any wars, or persecuted people whose views they disagree with. Maybe they're deeply examining the world around them, which distracts them from the noble task of foisting views on others.

But back to Dawkins' book. Why is it called The God Delusion? It has to do with what the writer Robert Pirsig once observed: "When one person suffers from a delusion it is called insanity. When many people suffer from a delusion it is called religion."

Amen to that, Brother Pirsig. Amen.

Kindle - preliminary review

My Kindle arrived safely on Monday, and I've had a chance to start using it so I thought I'd post some preliminary comments.

Initial use
The device is easy to use, but it does require charging on first use. I charged it for about 2 hours and then started playing with it. The Kindle is lightweight and comfortable to hold, although the much-discussed problem of accidentally hitting either the Next Page or Last Page buttons did occur. I'm sure that Amazon will fix this in the next version, but I quickly got used to learning how to handle the device and now I rarely have the problem, which is only a minor inconvenience.

Downloading and reading
Downloading books takes about 30 seconds, max. I started by downloading some sample chapters, which is free. The ability to turn pages with a press of the finger is much better than flipping pages in a book (not something you can easily do with one hand, much less one finger). The text is easy to read, although at first it takes some getting used to. After one day I no longer noticed the 'digital page turn.' I love how easy it is to move from page to page, and the way the text looks. So, at this point I'm completely sold on using the Kindle as a way of reading that is in almost every way superior to ordinary books.

Buying books, magazines and newspapers
The wireless feature of the Kindle makes buying books ridiculously simple. I immediately went on a spree and bought a couple of books. If you've reached the end of one of the free sample chapters you are prompted to purchase if if you want. I downloaded a copy of Stephen King's On Writing after reading the sample chapter, a book I never would have bought if I hadn't gotten drawn into it.

I subscribed to two magazines and a couple of newspapers too, using the 14 day free trial option. Every day at 3 am (so I'm told) the NY Times is wirelessly delivered to the device. When I pick it up at around 7:00 am the paper is there ready to read. I had been reading the NY Times online using my laptop for free. So how is it different on the Kindle? Well, the screen is black & white so there are no fancy photos, in fact no photos at all. But, there are no ads either and reading articles is much less distracting. I find myself reading more articles, more quickly on the Kindle than on my computer. So the next question is would I pay the monthly fee ($14) for the New York Times? I don't know, but I'm tempted. Individual editions can be bought as well, so maybe I'll just buy the Sunday edition every once in awhile. I subscribed to the trial edition of The Atlantic, and since that's only $1.25 per month I may get that magazine.

Miscellaneous observations
I love the ability to bop from book to book (or newspaper or magazine) and return to find myself in the exact same place I was when I left off. I decided to renew my effort to read the Bible from time to time because of this feature. I downloaded a King James version for about $2.50. Sweet.

Because it's easy to store lots of books on the device I can see myself putting reference books on it. I also tested the feature that lets you email yourself a document that you want on the device. I had a book that was in PDF form that I wanted to move over. The Kindle doesn't read PDFs, at least not yet. So I converted the PDF to a Word document and emailed it to my special Kindle email address. About 3 minutes later it showed up in the Kindle and was formatted perfectly. Bing!

The Kindle's battery lasts for 2 days without recharging if you leave the wireless feature turned on. If you leave it unattended it goes to sleep. When the sleep mode kicks in the device generates a screensaver picture (apparently there are many stored in the device). Some of the screensavers are pretty interesting, i.e., pictures of famous artists or architectural wonders.

Traveling with the Kindle will be a joy. No longer will I struggle to decide what books or magazines I want to stuff into my backpack. I can take hundreds of books and magazines, and snag more on a whim from the invisible internet connection.

Conclusions
Overall I'm completely sold on the Kindle. From the time I was a kid I had always read a lot of books, but for some reason it became harder to do after law school. Encountering the Kindle is a lot like when I first tried an iPod. I sense that I'll be reading a lot more books, and enjoying reading a lot more because it's so convenient. I've heard some people criticize the Kindle, but most of the criticism focused on the appearance or the user-interface (which obviously can be improved). I read books for the word contained in them, and when I'm absorbed in reading I don't notice the book itself which is exactly the same experience I get with the Kindle. As more titles become available for the Kindle it will continue to find more happy customers. Since most "Kindle books" are at least 50% less expensive than their paper counterparts I predict that the device will have paid for itself in less than a year.

Inside the Supreme Court - A Great Book

I just finished Jeffrey Toobin's book about the Supreme Court, called The Nine. Wow! What an unexpected treat. If you're a lawyer you have to read this book, and if you're not a lawyer but just interested in government then you should read the book too. But, for now let me speak to the lawyers in the audience.

The book follows the shift of the court from the Reagan era forward, showing how it is now on the verge of completing a shift to ultra-conservatism. But the presentation is made interesting by its discussion of key cases that were decided in the past decade—e.g Bush v. Gore and other important constitutional cases. Toobin weaves in, at appropriate points, detailed profiles of each of the Justices. And his examination of the Justices is very personal and touching, or at least for most part. He explains how Sandra Day O'Connor became more centrist than conservative, and how Anthony Kennedy developed an interest in international law (and how that influenced his judicial outlook). David Souter is a quiet man who eschews all use of technology (doesn't use computers or TVs, and doesn't have a cellphone) and yet he was the author of the Grokster opinion on file-sharing.

Reading this book is like taking a CLE course in Constitutional Law, except that it's presented in a highly engaging way. Toobin went to Harvard Law School, so it's no surprise that he's adept at explaining the nuances of the law. If you want to see an interview he did recently at Google check this out.

ABC's presidential debate

ABC's recent democratic debate was a festival of morons (the questioners, not the candidates). I didn't watch it because, frankly, I've had enough mindless coverage of the presidential campaign. Apparently, though, ABC seized the opportunity to set a new standard for brainlessness. If you missed the debate (and I hope you did), then enjoy Jon Stewart's skewering recap of Thursday night's lunacy.

And here's a shocker: apparently George Stephanopoulos used questions supplied to him by Sean Hannity. Another reason not to watch TV, especially ABC.

Here comes my Kindle

I just got word from Amazon that my Kindle is being shipped and will arrive next Monday. I'm very excited. I would have ordered this e-book reader long before now but, for some reason, I was put off by poor reviews that some bloggers offered. I keep forgetting that most product reviews are formulaic (e.g. point out the most obvious flaws in order to appear knowledgeable, when in fact the reviewer is just lazy). Blogger reviews are often no better. The exception are reviews by folks who've actually used the product for a fair amount of time, preferably a blogger who isn't an attention hound.

So called micro-celebrity Robert Scoble lambasted the Kindle because, among other things, it didn't have any social networking features. He also said the user-interface 'sucked.' As I've mentioned before, I think that Scoble's reviews are built for speed, not thoughtfulness. I don't care what the device looks like (yes, it's ugly) and don't want to use it to expand the reach of my online reputation. I just want to read text like I do when I open a book. I don't need the device to be revolutionary, just functional. Still, the Kindle represents a major shift in e-books.

Here's what's revolutionary about the Kindle: It has built-in EVDO, which is a high speed cellphone network wireless system. This means you can download books pretty much anywhere that you can get Sprint cellphone access. And why is this important? Well, if you are riding the subway and decide you wan to read a book that you just saw on the NY Times best seller list you can download it in about 30 seconds. Or let's say you want to subscribe to the New York Times paper every day. The Kindle will automatically get download it at 3 am so that when you wake up it's already on the device. No matter where you are (e.g. at home or in a hotel room). And while one would normally pay a stiff per monthly charge for EVDO access, Amazon builds that charge into the price of the Kindle.

Nice.

The device has internal storage that allows you to store about 200 books. And it remembers where you are in each book, so if you are reading more than one book at a time (which I often do) it's easy to switch back and forth. Or at least I'm assuming it's easy. Perhaps it won't, but Scoble's review didn't cover that so I don't know for sure.

If you want to store more than 200 books, you can add external memory. And if for some reason you delete a book from the device you can re-download it from Amazon. They keep track of what you buy and you can always access it again from them in the future. Apple iTunes doesn't let you do that with the .99 cent songs you buy, so I give Amazon credit for doing this.

And the books that you purchase for download are typically only $9.99. Granted the selection of Kindle books is not as vast as the ordinary selection from Amazon, but that will change over time. Can you imagine being able to carry hundreds of books on a device that only weighs 10 ounces? I can and I can't wait to experience the reality of it. I would love to pare down my library to just a few really treasured books (e.g. reference books and certain keepsake volumes). I'd love to be able to take a trip and have all my reading material on one small portable reading unit, and it would be even better if I could have travel guides loaded onto it.

No, I'm pretty sure that I'm going to like the Kindle. True, if the user-interface is cumbersome that will be disappointing. But as long as it works reasonably well then the benefits will outweigh the detriments. The only thing that would be a deal killer is if the thing was completely unreliable—like Windows Vista, for example. Otherwise, I expect to be very pleased.

Either way, I'll post my observations after I've used it for a fair amount of time.

(Incidentally, when you order the Kindle they say it may take 6 weeks. If mine arrives on Monday that will be a delay of less than 4 weeks. And they didn't charge my credit card until it shipped).

Tax filing observations - e-filing etc.

Today, for the first time, I filed my tax returns electronically. Last year I had used an online service (TurboTax) to do my returns but I didn't file electronically. This year I took the plunge, and it was quite convenient.

Last year was the first year I ever used an online service and, let me tell you, that totally rocked! In January of this year TurboTax sent me an email reminder and I was able to start working on my taxes right away (I didn't even have to pay anything then; you pay only when you complete your return and e-file or print it out). As I received information I simply logged in and updated my 2007 return. One nice thing was initial summary page, which displayed each category with the amount from last year. So, I could quickly see if I was missing something or if a number was out of whack from the number from last year.

The e-filing part was simple. After you pay TurboTax ($99 for fed return, and $39 for the state one) you can e-file. The program checks your return and cautions you if something needs to be re-examined before you upload. You can even choose to have your return examined by a tax professional (probably located in India), but I opted to skip that step since the review that was done automatically seemed pretty thorough. This may seem obvious, but when you e-file you don't physically sign the return. So how do you authenticate to the IRS?

Answer: you are prompted to enter the amount of your Adjusted Gross Income from the appropriate line of your prior tax return. Since I had done my return online Turbotax knew the answer to this question and filled it in automatically. I checked my old return just to make sure it was right (it was).

To pay your taxes you still have to mail in a check. You can pay by credit card, but they pass the credit card fee on to you so you don't want to pick that option unless you have to finance your payment.

After I filed my return I went to the nearby postal service store to send a package to my dad. The folks behind the counter were rushing around like a fire alarm had gone off. Finally a guy came up to the counter and said that he was sorry but the tax filing deadline was making everything crazy. I thought that was strange. Don't people just drop off their return to be mailed? What else is there for the employees to do except dump the mail into the proper bin?

He said that the chaos was caused by people wanting to send their tax return in by certified mail. Why would they want to do that, I asked? The guy straightened up as he assumed a more authoritarian bearing, and then explained the situation. "You see, if you send a certified letter then the letter becomes a 'legal document.' And the IRS has to sign for the letter. If they lose the return then you can show the signature card and have your lawyer tell them that it's their fault."

I didn't say a word, other than to thank him for this valuable information. Inside, of course, I was laughing uncontrollably.

Rational security

Bruce Schneier is a rare breed of security expert: someone who understand the math and technology of modern day security, but who also understands the other key element, which is the human dynamic. On People, the Death of Privacy, and Data Pollution is a great short article filled, as usual, with loads of common sense. Like this opening passage, for example:

Security is a lot more about people than technology. One thing I've learned from studying economics, the psychology of risk, security, and people is that those problems are actually way harder than the tech problems. We have as much technology as we need, but securing the people end is hard.

Learning when to quit

I just finished reading Seth Godin's excellent book, The Dip. It's "a little book that teaches you when to quit (and when to stick)." I have been thinking about this problem for several months now.

Mainly, I have thought about it in my yoga practice.

I've found that if I don't push myself I get bored, and of course I don't progress. But if I push too hard or in a thoughtless way then I tend to hurt myself. There seems to be this very fine balance point of (1) letting go and relaxing, while (2) creating a steady intention to go a bit farther. While thinking of those things, I also have to pay attention to my body's physical resistance, which is not always the same. Sometimes I can't go as far today as I have been going for the past week. And that's when I push, thinking I'm supposed to challenge myself. That's when I get injured.

There's an ego thing involved, of course.

Godin's book is interesting because it suggests that it's often a good idea to give up, a notion that at first seems completely heretical. Yet he shows that many successful people have become successful by quitting something big. Michael Crichton, after graduating from Harvard medical school, decided he didn't want to practice medicine (even though he would easily have made a lot of money) because he didn't think he'd be happy. He didn't even try it out for a few years. Instead he went on to be wildly successful doing something that he loved doing, but which presented a less certain future when he embarked on it. Smart people know when to quit, Godin says.

Usually.

He points out that smart people have one big weakness that usually keeps them from quitting at the right time. "Pride is the enemy of the Smart Quitter." This might be Hillary Clinton's problem. We all know that she's very smart, but somehow her campaign isn't winding up the way she first envisioned it. She's having financial trouble. The likelihood of her winning the nomination is getting smaller, and the cost of winning it is getting harder even from a non-financial standpoint. And despite it all, she proclaims she "won't quit."

Godin offers an interesting thought about the aftermath of quitting: it often feels very comforting. "One reason people feel really good after they quit a dead-end project is that they discover that hurting one's pride is not fatal." Obviously everyone wants to win, but it's true that learning how to lose is important too. Hillary touts herself as 'the experience candidate' and yet maybe she hasn't had enough experience learning when to give up. She's only run for elected office once (the U.S. Senate), and she won. That's the only elected position she's ever held, and now she's seeking one of the most important positions in our country.

It's true that a lot of skills can be learned on the job. But I can't think of too many world leaders who've learned the difficult art of quitting after they've been elected. That's probably the main reason so many wars continue even after it becomes clear they're both hopeless and unpopular.

Rev Moon - King of America, Royal Guest of Congress

Watch this video about Rev. Moon and his monumental influence, which extends to Congress. Somehow it's not surprising to me. Money talks, and when it does Congress listens regardless of who is holding it.

Blog notes

Dick Cavett has some good advice for the presidential candidates on how to improve their speeches. I love that Cavett has a blog. And did you know that the TSA has a blog? Good thing, because it gives them a good way to explain that nasty business about the nipple rings.

How the tortoise beat the hare

The other day I saw a black SUV rev its engine and then zoom past a car on narrow street because the driver was impatient. As the SUV passed by I could see the driver, a soccer mom, casually talking on her cellphone. I looked back and saw that she had not made the light, so her NASCAR move was apparently for naught.

In the blog world I see people racing around trying every new gizmo/software and then offering up their immediate impressions as though this has great utility. One well-known tech blogger, whom I shall not name, seems to think that every conversation or encounter he has needs to be recorded and then served up to his many followers. What's most amazing is that hoards of people eagerly await this kind of information. He has wonderful backstage access to new technology, but his observations don't seem to have much value.

The mainstream media has been serving us 'stupid pie' for years. To keep their ratings up, they package their message for the lowest intellect. When bloggers first appeared there was hope that this would change but, alas, it appears that popular bloggers with continuous partial attention disorder are doing the same thing.

I've discovered somewhat recently that I don't enjoy, or benefit from, the hectic stream of observations made by people who would rather push the buzzer than listen to the whole question. Many of them are really nice people. But I can't let myself be part of their mad rush anymore, and so I've decided to let them pass me by.

When I was a kid I could never understand how the rabbit lost the race to the tortoise. The rabbit was much faster than the tortoise, and there was no reason why he shouldn't win. Turns out there is a reason: the rabbit has no idea where it's going.

Sadly, most of us are rabbits.

Rethinking libraries

Sudden and monumental change serves a purpose, or at least it should. In the aftermath of such change we shouldn't unthinkingly rebuild things back the way they were. We should pause to consider what unique advantages have surfaced. We should consider if certain foundational assumptions need to be abandoned altogether in order to create a more lasting foundation.

Last Saturday I drove my son out to St. Bernard where he and 1,000 other college kids were spending their spring break rebuilding houses at the Habitat Camp Hope project. The drive was bleak. There were a few spots of commerce, improbable little strip malls amidst miles of forsaken houses. My eyes brightened when I saw a small white trailer with a sign that proclaimed the presence of a public library. And yet it was a simple little trailer. What kind of library could be housed in such a structure?

As I drove closer I saw a large sign outside of the library: "FREE WIRELESS INTERNET". For the past few days I've been thinking about the strange implications of this simple little sign.

St. Bernard was completely inundated by floodwaters from Katrina. And the people of St. Bernard are not folks who spend a lot of money on technology. You won't see any Starbucks out there, that's for sure. Home Depot has a store the size of the Pentagon, and beyond that it's just little mom and pop stuff. The most exotic business I saw was a Planet Beach tanning salon. I guess that's why I was intrigued by the library Wi-Fi sign. It seems like if you live in St. Bernard and want to use some free wifi you have to go to the library (well Camp Hope, where my son stayed with the 1,000 college students, has free wifi too).

Today, the Times Picayune has an article about a new $650 million 'Library Master Plan' for the city. The story doesn't say anything about wireless internet. Perhaps that is an oversight by the author. Then again maybe there is a larger oversight. Maybe wireless internet isn't part of the new master plan at all. Of course, the libraries of the future aren't all about wireless internet access.

So what should they be about?

Here's how a progressive Northwest city envisioned this question:

"Seattle's public library...was designed to be a downtown hangout, with something for everyone, as if you crossed Starbucks with a mega bookstore." FN1

In other words, the idea was to use the library as a community gathering place. Wow! What a great idea. Needless to say, an idea like that isn't borne by thinking of libraries in a traditional way. It was borne by asking fundamental questions:

Why do so many people hang out in large bookstores like Borders or Barnes & Noble? Why do people go to Starbucks to hangout? What kind of architecture is conducive to hanging out in public places?

The folks who are rebuilding New Orleans' public libraries are about to spend a lot of money. I hope that they have asked these questions, and that their vision includes some novel thinking. If they haven't then I suggest they start by reading Mutating Libraries by Jenny Levine, a forward-thinking librarian who references a Slate slideshow entitled: Borrowed Time: How do you build a public library in the age of Google? Ms. Levine takes some issue with a statement by Ross Dawson that libraries will extinct by 2019, but she agrees that " libraries are about a lot more than just books or study carrels," which is why she believes that "there’s room for things like gaming in today’s library."

I wish that Jenny Levine had been in charge of our library project because then I wouldn't have to wonder whether we were acting with the proper vision. Somehow I fear we are not.

FN1: Quote is from the 7th slide in the Borrowed Time slideshow.

What's wrong with our education system?

Sir Ken Robinson makes the compelling case that it stifles creativity. And if you've never someone make a compelling case (without Powerpoint slides or any props, by the way) check out his presentation.

The subprime mess explained (in Powerpoint)

You can never be sure that you've completely understood something until you've seen a Powerpoint explanation. And so, for those of you still wondering how the subprime mess came about, check this out.

Internet Speed-Reading - How to

The Internet, you may have noticed, is chock full of information. And so gathering information can sometimes be a challenge. There are lots of tricks I've learned, most of which are impossible to explain in a blog post. But here's one that is easy to explain, and it involves the New York Times.

Let's say you want to get a quick idea of all of the stories in the NY Times. Poking around on the NY Times website is not the way to go. Instead, use this link. If you like to read the NY Times online—as I do—then I recommend you bookmark this link for future reference. Here is another version of the same site. Now, go forth and efficiently gather information.

Fired for blogging - what's the legal angle?

There's been much discussion for the past few years about the dangers of blogging, especially the dangers of getting fired for blogging. As more lawyers became familiar with blogging, we've started to see discussions—and lately even some lengthy seminars—about the legal issues related to blogging by employees. Corporations have been advised by these lawyers, many of whom are not bloggers, to create a manual that specifies what is expected and prohibited with respect to blogging.

CNN apparently had an employee manual that may have addressed blogging, although a producer who was recently fired suggests that the manual was not so clear. And he was apparently not given a copy of the manual. But, admittedly, that's his view. We don't know what CNN's position is.

And that brings me to my point.

CNN is in the business of reporting news, which is to say: distributing information. They fired someone who is highly adept at writing and reporting. This former employee has learned how to distribute information on the Internet. And the story that he's now most interested writing about is his own dismissal. I don't know if his account is accurate, but I know this. It's very well-written and seems entirely plausible. He writes about his shortcomings and his rebellious tendencies, which makes his version seem even more plausible.

CNN, of course, is hamstrung. It can write nothing, and is no doubt being advised not to by its lawyers. If it does manage to write its version of events that story will lack any human resonance. It will be nothing more than a press release. Do you see the irony yet?

Even assuming that CNN's employee policy specifically applies to blogging (and therefore provides legal justification for firing the blogger/producer), it still has to deal with the negative fallout from someone who has inside knowledge of how it operates. Rarely do we get to see the inner-workings of a news show. What news company is going to point the cameras at itself?

But now CNN's actions have resulted in precisely that. Except that they have no control over the story. And they have little meaningful control over the response to the story. I think this may be a case of applying the law to exacerbate a problem, rather than to control (which is often impossible) or diminish the problem. I guess what I'm saying is that maybe the legal angle to this story is a big part of CNN's problem.

And perhaps CNN will find that having an employee handbook (which may have been tweaked after consultation with high-priced lawyers) isn't turning out to be the great weapon that they had hoped it would be. But, just as news companies rarely point the camera at themselves, lawyers rarely advise clients to consider the negative fallout from using the law to solve a big problem. Lawyers, like journalists, have self-interests that sometimes override their supposed allegiance to the people they serve.

Shocking, isn't it?

Change Washington

Let's make some significant changes in Washington, like this one proposed by Larry Lessig.

Thank you for your comments (you moron)...

So you sent a nice email to the coffee company about a suggestion for healthier ingredients, and they send you a nice email back. But they also accidentally include the internal email that shows how insincere they are. And manipulative. Gee, and companies wonder why people mistrust them?

I don't oppose all wars

Yeah, I agree with this.  It's the dumb wars that I oppose, which most of them are.

Judicial decisions influenced by campaign contributions?

A local law professor has completed a study (soon to be published in the Tulane Law Review) that suggests a connection between judicial decisions and campaign contributions.  The finding is based on the use of statistics, which no doubt some folks will say are misleading.  But, statistics aside, no one should be happy about judges taking campaign contributions from lawyers who appear before them.  Least of all judges.

Dr.'s Phil advice for 'media-therapists'? Don't get a license

We all know about Dr. Phil, and his most recent attempt to "help" Britney Spears.  People wonder if he violated an ethical rule or licensing provision by revealing what he did about his visit to Cedars-Sinai to see Ms. Spears.  This NY Times article concludes that he appears to have miraculously avoided violating any of the provisions that would normally apply.  Not being licensed as a therapist turns out to be good for Dr. Phil.

It's wonderfully ironic that none of the normal rules apply to Dr. Phil.  He doesn't need rules, but then neither do we. For example, do we need 'rules' to conclude that what he did was wrong?  Do we need to spend much time figuring out why it was wrong?  Isn't it obvious that he put his own media-mongering interests above those of the person he claims he was trying to help?  Of course, this recent publicity snafu won't keep him from plying his trade.  When people are confused and desperate for help they'll listen to pretty much anybody.  Thank God our ever-vigilant media helps counterbalance this unfortunate tendency.

Iraq War - What really went wrong?

I just finished watching a documentary called No End In Sight, which won some important awards.  But awards aren't the reason to watch this movie.  This is a thoughful and highly detailed account of incomprehensible errors in the Iraq War planning.  If you have any interest in understanding the situation in Iraq you should watch this film as soon as possible. 

I thought the FEMA mismanagement was pretty bad, and I had a sense that the Iraq war was not properly managed.  After seeing this movie it strikes me that FEMA's handling of the Katrina aftermath was vastly superior to the Iraq post-war plan.  Here's a New York Times review of the film.  Seriously, even if you are skeptical that the film might be unfair to the Bush administration, watch this movie.  This movie is not flattering to the Bush administration, but it's not unfairly critical.

They say you reap what you sow.   When you sow reckless arrogance you reap violent insurgency. Apparently, this is a surprise to some of our government leaders.  I hope the next crop of government leaders includes folks who are willing to consider thoughtful opposition before they take bold actions like invading a foreign country and occupying it without any well-thought out exit strategy.

The Joy of Christmas

Last Saturday as I settled into the barber's chair Jerry hit me with THE QUESTION.  You know, the one that everyone reflexively asks at this time of year: "Ready for Christmas?"

"Yep, I'm just waiting for it to show up," I said.

"Wow, so you've finished all of your shopping?"

"Nope."

Baffled by this ho-hum response, Jerry asked me how could I say "I'm ready for Christmas."  The answer is quite simple.  Christmas, as I view it, has very little to do with shopping or presents.  This is a heretical notion, but it's one that I find comforting nevertheless.  It doesn't take much for me to "get ready" to experience the pervasive joy that arrives by late Christmas Eve.  All it takes is a sense of childlike wonder and silent reverence.

(and a total refusal to equate consumerism with Christmas).

What is the CIA doing?

A lot of people seem to be upset that the CIA destroyed tapes of interrogations of Al Qaeda operatives.  And of course a lot of folks opposed to the Bush administration will use this discovery for political purposes.  Here's my take from high up in the bleachers.

I'm not in the least bit shocked that the CIA would try to destroy the tapes of an interrogation.  It's a spy agency for God's sake, not an accounting firm.  The whole foundation of the CIA is based on secrecy and covert operations, not transparency and accountability.  Yet I too have to confess to being shocked by this revelation. Why?  Well, apparently our top spy agency is too inept to handle even a simple cover up operation.  This a very despairing revelation. 

It's sort of like finding out that your Karate instructor was beaten up by an interior decorator.  It's bad enough when embarrassing stuff like this happens, but do we really want to publicize our top spy agency's buffoonish mistakes on the front page of a major newspaper?  Apparently so.

The Dalai Lama is evil

A Chinese official recently discouraged the United States from honoring the Dalai Lama, stating “If the Dalai Lama can receive such an award, there must be no justice or good people in the world.”  Obviously this person is living in some sort of parallel universe.   I can think of one or two other political leaders who have spent a fair amount of time in that universe.

Software downgrades - Windows v. Apple

Microsoft has gotten a lot of flak about their new operating system.  Vista was supposed to be a major improvement, especially by adding tighter security.  But it turns out that the enhanced security is not very user-friendly.  Vista has other problems as well.  The funny thing is Vista took a long time to come out, and people were really excited about it.  Some people even waited to buy new computers so that they could get the upgrade preloaded.  Now, some of those same people are super annoyed.  Computer manufacturers are offering customers who bought new computers loaded with Vista a free downgrade to XP.  I know a couple of people with new Vista computers who are excited about getting this downgrade.

Yesterday Apple upgraded its iTunes software.  The purpose was to force upgrades to iPhones, partly to install a few new features.  But, mostly, it was to modify the iPhone to stop hackers from circumventing the lock-in to AT&T.  Apple doesn't have the market share of Microsoft, but it's growing and so is Apple's stock price.  And, as Apple grows, it's starting to act more like Microsoft.

My iPhone was acting strange yesterday and I had to reboot continually.  For example, I'd have to reboot 4 or 5 times just to get the phone to start acting normal.  Then a few minutes later it would freeze and then I'd have to do 2 or 3 reboots to get it right.  I called AppleCare three times. 

The first time I called I found out that there was an upgrade to the iPhone.  Naturally, I assumed this would solve the problem.  It didn't.  Further problems ensued and I wound up spending about 2 hours without any phone service.  At one point I had to 'Restore' the phone, which meant having the phone wiped completely clean and reinstalling everything. During that lengthy process my phone was useless.  To me, anyway.

The new upgrade adds the iTunes Music store to the iPhone.  I didn't really want that feature, but some people might like being able to send money to Apple right from their phone.  However, I was curious about the interface for the iTunes music store and so I clicked on the icon and guess what?  My phone went into freeze mode. 

Nice job Apple!  Excellent upgrade.

Today, the phone only had be rebooted about 12 times, and I only had about 1 hour of no phone service.  I read that a lot of people are unhappy about the new software upgrade to the iPhone.  Surprise, surprise.  Perhaps they're hoping for a downgrade like Microsoft Vista users got.  That won't happen because Apple made this 'upgrade' permanent.  Why?  To keep users from doing bad things to their phones.  And by 'bad things' I mean 'things that impair Apple's revenue stream.'

I understand that Apple has locked itself into an agreement with AT&T that forces it deal with the hack-around.  Of course, in attempting to solve a problem that is tied to only small minority of iPhone owners, Apple has adversely affected at least as many iPhone owners that were not doing anything "bad."  I paid $600 for my iPhone and switched from Sprint (a company that I was perfectly happy with) to AT&T.  I stood in line the first day the iPhone was offered to do all this.  Recently, the iPhone price dropped to $400.  Fine, I can deal with that.  I don't mind 'overpaying' for a revolutionary new phone that works reliably. But, I do mind being constantly jolted by upgrades that don't improve performance, and arguably degrade it in many cases.

I don't know if my current problems are tied to the new upgrade.  I kind of doubt it because most of the problems I am having were there before the upgrade (well, the morning before I upgraded).  But the upgrade certainly didn't solve my iPhone problems.  I'm pretty sure that future upgrades will be more about preserving network lock-in than they will be about enhancing device performance. 

I won't be surprised to see Apple becoming increasingly at odds with its customers.  It's not Apple's fault, really.  It's just the way that corporations are.  They like their customers' money far more than they like their customers.

Incidentally, I only had to reboot my iPhone once during the time that I was composing this post. Oh, and if you have an iPhone and want to share your story with Apple click here.

Head On - Straight ahead advertising

The first time I saw the ad for this product I thought it was a joke.  A voice comes on and says "Head On, apply directly to forehead."  Then it comes right back on and repeats the same mantra, not once buy twice more.  That's right: you see the same simple ad three times in a row.  So you can't help but learn two things: (1) the name of the product, and (2) where on your body to apply it. There is, however, no explanation of why you would want to apply it to your forehead.

I doubt I'll ever use HeadOn, but I can't help but admire the zen of their advertising approach, and its awesome effectiveness.  They kept their message simple: only two ideas repeated three times with an obnoxiously commanding voice.  What is HeadOn used for?  Doesn't matter.  People are buying it in droves and applying it to their foreheads, just as they have been instructed. 

I'm guessing that it doesn't cure ignorance.

Providing legal advice information in a humorous way

Now that someone has unlocked the iPhone there are questions about the legality of doing this.  Engadget's legal expert answers those questions, humorously.  Who knew that was even an option?

The Iraq invasion strategy - Version 1.0

Dick Cheney had reservations about occupying Iraq in 1994, but then apparently changed his mind when we found out that Iraq had WMDs.  Oh wait, that wasn't it.  So remind me again: why did we occupy Iraq?

Global Local warming

The Wall St. Journal had an article last week (not online) about the city's feverish demolition of blighted houses. This would be a good thing, except that the City is accidentally demolishing many houses that it shouldn't be. (See similar MSNBC story)  My friend Harold owns some property that he plans to renovate, but recently found out it's slated to be demolished.  Oops.

As we approach the two year mark of Katrina a lot of people are fed up with the widespread incompetence. The Road Home program was not only poorly administered, but also inadequately funded.  The District Attorney has been releasing criminals because his office can't find the witnesses, even though news reporters find them by simply going to their last known address. 

If the unrelenting incompetence doesn't make you call a moving company then the rampant corruption surely will.  Bill Jefferson hasn't been convicted yet but he had $90,000 in his freezer because he apparently thought it was safer there than in a federally insured bank.  As a result, many people have dispensed with the presumption of innocence and reached the sensible conclusion that he's corrupt. I'd always presumed that Oliver Thomas (the politician most likely to succeed Nagin) was a decent guy.   But today, in a development that caught everyone by surprise, Thomas pled guilty to taking bribes and resigned from the City Council. Which democratic politician will he testify against as part of his plea deal?  No one knows. But we're still recovering from the shock of Senator David Vitter's admission that he'd hired prostitutes.  How could we have been so misled? One minute the moralizing Republican is a rapidly rising political star, and the next he's spiraling back to earth in a vapor-trail of hypocrisy.

Incompetence, corruption, and hypocrisy.  Apparently, these are the raw materials of our "recovery effort." I came back after Katrina thinking that things would change and we'd take advantage of a unique opportunity to create a new foundation.  Now, I'm thinking I should have sold my house and moved to a new city.

The new assessors have issued their edicts, and guess what? Property assessments have gone up.  My dad's condominium is worth much less than it was before Katrina.  But it costs significantly more to insure.  The utility payments are higher and the taxes will be too.  I don't know what my house is worth, but I'm pretty sure that it isn't worth more than it was pre-Katrina.  It's likely to be worth less.  Oh, and speaking of assessments, some people haven't received the forms that they need to file for their homestead exemptions. And the deadline for filing for the exemption is coming up in a few days.  A friend of mine had this problem and had to go to City Hall: she said that it took her all day because the office was inundated with people who hadn't gotten their forms, or who were trying to have their property reassessed.  Given the rampant incompetence, you just know that there is at least one guy who waited in line at City Hall for hours to file for his homestead exemption, only to later find out that his property was 'accidentally bulldozed.'

Oh and don't try to cheer yourself up by talking about the weather. We've also been having an incredible heat wave (on Saturday the heat index was over 120 degrees).  The weather was a big topic for politicians last year.   Back then city officials were worried about major climatic threats: e.g., catastrophic hurricanes caused by global warming. 

If I were a politician today I'd be more worried about violent revolution.

Update: Someone emailed me and asked how one would find out which houses were slated to be demolished.  I don't know exactly, but one resource that provides a good start is this list compiled by Karen Gadbois.  Anyone else have better information?

Second Update.  Here is an exerpt I received from a friend about her experience at City Hall:

"I had to go to City Hall today to submit an appeal.  The line to get on the elevator was incredibly long - at least 200 people.  The police officers in charge made people wait in line even if they were just submitting an appeal.  According to the letter, I shouldn't have had to wait.  Finally, after 45 minutes, I was allowed to go to the fourth floor to submit my appeal.  (I was determined to get this done no matter how long I had to wait!)

When I finally saw the deputy assessor, he gave me a hard time.   But, of course, I wouldn't have it and stood my ground.  He ended up telling me right before I left that he had to give me a hard time.  I looked at him and said so did I.

But you are right.  A woman standing in line told me that she had not received any notification about the assessment and that she took the day off from work and drove from Baton Rouge to take care of the situation.  Of couse, if she actually got to talk to the assessor is another question.  The line only moved one inch in the course of my 45 minutes."

Avoiding E-mail stress

People sometimes ask me how I'm able to keep up with the volume of email messages.  "You look so calm," they say.  "So what's the secret?"  Other people say to me "hey, how come you didn't respond to the email message I sent you the other day."   In case you hadn't guessed, these two questions are closely related.

When I talk at CLE seminars about 'Digital Workflow' I offer lots of techniques for managing email.  I even mention some great add-on programs that help with productivity.  But, if there was one great power tip that I'd offer it's this: a lot of email doesn't require a response.  If you're like most people (i.e. like me) it will take dedicated effort to figure out which emails don't require a response.  But, once you learn to identify these emails you can quickly go through your inbox.

Obviously, there are some emails that you'll have to respond to, or act upon.  But, you don't want to start with those unless you have plenty of free time.  If you have plenty of free time you don't need to read this post. Then again, you have lots of free time, so why not?

So as you go through your inbox you're categorizing emails into two groups: (1) The ones you flag for follow up, and the ones you delete.  Of course deleting emails is more satisfying.  And we're talking about lowering stress.  So this post is will be about deleting, not flagging.

What to delete?  Naturally any spam or routine notices that don't need to be kept.  Okay, fine.  Now here's the hard part: the emails from friends or acquaintances who 'innocently seek your attention.'  I hate to say it, but not all of these emails require a response.  Let's start with a minimally challenging example.

Let's say you're one of thirty people told about an upcoming social event. What to do?  If you can't make it, then say so and be done with it.  But, if you aren't sure, consider not responding until the last minute.  Remember there are going to be more emails later on to remind you to consider attending, so you might not need to respond now at all. If the person needs to have an idea of the head-count (usually the case when only a few people are invited) then it's polite to respond.  Try to make a decision.  But, if you can't, then just delete the email.  You'll get another one soon to remind you about the event.  Right?

Okay, now let's talk about the kind of emails that prompt people to say "why didn't you respond to my email the other day?"  A fair number are emails that don't specify what the person wants, and usually begin with the phrase "call me if you have a chance..." Geez, how can I simply delete these emails?  Isn't a response of some sort required?  No, not really.

I don't mind calling someone when I "have a chance," but unfortunately I don't usually have a lot of free time to make phone calls --especially if I don't know what the point of the call is going to be.  Don't get me wrong.  There are obviously people in my life whose calls I return no matter what.  Most (but not all) of them are closely related to me.  And I have distant friends who will reach out and say they just want to catch up.  They'll typically leave a nice voice mail message (or email), and say they "hope that I have the time to call them back."  I make a special effort to call them back if I can because they've told me (1) what they want, and (2) that they understand if I'm too busy to call back.  These friends at least understand the value of time.

A lot of people think that attention is valuable when it's spread around as widely as possible.   I'm learning to avoid these people. They don't understand the value of time, especially not my time.  And, as the old country western line goes: "if their phone don't ring, they'll know it's me."

Lastly, what about the people who join five social networks a week and then invite you (along with everyone in their galactic-sized contact list) to be 'their friend?'  Delete, delete, delete....

 

New techniques in corporate management

Michael Lewis' excellent book Moneyball was purportedly about the emerging "science of management" in baseball, and how the Oakland Athletics used this science to win an improbably high number of games.  The number of games won was 'improbably high' because their payroll was the second lowest in baseball.  Moneyball (which I wrote about here) was really a study of corporate management techniques in general.  Apparently baseball is shedding its traditionally stodgy approach, and adopting new ways of dealing with management problems.

Some of these new management approaches that baseball managers are developing can now be found online. This video is one great example of the new 'out of the box' thinking taking place in baseball.  I guess you can say there's still a lot of 'art' in the 'science of management.'

Can someone explain 'branding,' please?

Marketing people talk a lot about the importance of 'branding.'  It used to be that only companies needed to worry about things like marketing and branding.  But, with the advent of online personalities, and social networks like Facebook, branding is something we could afford to learn about.  Ze Frank has put together a short clip that explains branding using an unusual example.  Watch the video below to see what I mean.

Keeping up appearances

LinkedIn is a professional social network that I've been a part of for almost 2 years.  I've written about LinkedIn before.  I still believe that it's a great tool.  However, lately I've noticed that a lot of my professional friends are joining Facebook.  At first I thought this was odd, because Facebook was more of a social network for college kids.  But, Facebook has a lot power too.  More than LinkedIn in many ways.

For example, after 2 years on LinkedIn I have 119 connections (as of the writing of this post).  After playing with Facebook for a few months I have about 70 contacts.  Facebook lets you send a blast email to everyone in your contact book that is already a member of Facebook (so you aren't sending the blast email to people who have no idea what Facebook is). I did this the other day and added about 60 people.

I've noticed that people seem to find me more readily in Facebook than in LinkedIn.  And Facebook allows for a lot more 'playfulness' than LinkedIn.  Makes sense.  LinkedIn is a professional network, as opposed to a casual one.  But does that mean that Facebook shouldn't be used as a professional marketing tool?

Not really. 

Last night I watched the movie The Queen and found it fascinating.  The focal point is Queen Elisabeth's struggle to deal publicly with the death of Diana, and the public's outrage at the Monarchy's seeming lordliness.  The Queen has to confront the fact that the old style of regal reclusiveness does not sit well with many people today.  The movie would have been shallow if it had merely cast the Queen as out of touch with the times.  Instead, it gave a stirring account of the personal struggles that she encountered in grappling with the cultural shift.  The portrayal of the Queen is compassionate, and in the end we feel troubled that she has so much difficulty showing herself to the public.

Diana, in contrast, was beloved because her life was open (perhaps too open) and people could have a sense of who she was. Or at least they could allow themselves to believe they knew who she was. The Queen, in the end, had to accept that she needed to be a bit more like Diana, even though she didn't have a great regard for her.

I think that the differences between Facebook and LinkedIn reflect a similar sensibility in the world of online marketing or networking.  It's important to have a professional appearance, and LinkedIn is wonderful in that regard. But, it's also important to show a more human side.  People like to deal with people they feel comfortable with.  Professional networks emphasize one's professional skills.  Social networks like Facebook emphasize the personal touches.

I've known Marty Schwimmer for many years.  I've read his blog for 5 years, and I trade emails with him regularly.  I know a lot about Marty.  But I didn't know, until he became a "Facebook friend" that he was taking bass guitar lessons.  Or at least that's what his 'status page' said last Saturday.  Maybe he was kidding but that's okay too. 

I like Marty's sense of humor, and the more often I see it the better.

Iconoclastic efficiency

I had a chance to speak to a group of lawbrarians (e.g. law librarians) who came to NOLA for their big annual conference.  I hoped to say some iconoclastic things to really stir the intellectual pot, but it was an early morning breakfast talk so that was a sort of loose goal.  One thing that did perk everyone up was my new iPhone.  I passed it around and folks held it gingerly, as if it were a new born kitten. 

I did a brief demonstration and remarked that the virtual keyboard (no stylus required) was one of the most interesting things: a major leap in user-interface design.  Isn't it awkward to type with a virtual keyboard?  That's the obvious question.  Many people who have used the iPhone say they can't get used to the keyboard.

I was skeptical about the keyboard at first, but I decided to follow the advice of early reviewers who said you "just have to trust" it, and allow the predictive technology to do its thing.  Once I started doing that I noticed that my speed and accuracy improved dramatically.  Since I need reading glasses to see small things I find it easy to 'trust the force' because I can't really see what I'm typing very well anyway.  After I've typed a passage I'll hold the phone out to an acceptable distance and examine the results.  If there are errors (there are always fewer than my frenzied typing style warrants) I just correct those few errors, which is probably a lot faster than slowing down to fix each error anyway.

In other words, the "trusting" method works on two levels.  First, it lets the predictive software technology correct errors based on logical assumptions.  And, second, it lets me move faster by not constantly backing up to fix small mistakes.  As I'm typing this blog post on my computer I am making many of those mistakes and I'm thinking how much better it would be (1) if my computer had the predictive technology of the iPhone, and (2) if I couldn't see the results of my typing until after I was done.  I could run spell check and fix the most of the errors that the predictive software failed to catch, and then manually fix the ones not automatically correctable by technology.

Of course, I say I wish for that.  But, truth is, I'd probably resist such technology if it was available.  Why?  Well because I have a hard time adapting to new ways of doing things, even if they are clearly superior or more efficient. I think a lot of people are like this too.  Compact florescent light bulbs are more efficient and save money over the long haul.  But they cost more at first and they don't achieve maximum brightness as quickly as regular bulbs.  So people aren't rushing out to buy them.

Even financial markets, where capitalism is supposedly optimized by pure human greed, aren't perfectly efficient.  So I understand why people don't want to simply 'trust' their way into efficiency.  Still, I have to say, there's something to be said for blithely typing away, not worrying about spelling errors.  I know, it's a crazy idea: not caring about stepping on the orderly lines of social convention.

Only a text-messaging teenager could relate to this notion.  What would our austere forefathers think of this idea of ignoring spelling conventions?  Melvil Dewey (originator of the famous Dewey Decimal system) would be appalled at the notion of purposeful misspelling, right?

Well, not really. 

On pages 48 and 49 of Everything is Miscellaneous (the excellent, and highly recommended new book by David Weinberger), we learn that Dewey proposed changing the word spellings to make typing them easier and more efficient  He thought, for example, that 'through' should be spelled 'thru.'  In fact, he believed in this notion so much that he changed the spelling of his own name to 'Melvil Dui.'  Now that's putting proverbial money right where your efficiency-advocating mouth is.  But, even Dewey learned to accept the limits of radical efficiency (e.g., he changed his name back to the original spelling when he was appointed Columbia University's first chief librarian).

Alas, radical efficiency often has to give way to the slow moving sensibilities of conventional society.  But, then slow moving conventional society inevitably has to give way to the crazy efficiency of text-messaging teenagers.  Or iconoclastic user-interface designers in Cupertino, California.

Keeping up with legislation, cyberstyle

WashingtonWatch is a site that summarizes legislation pending before Congress, and allows user comments on each piece of legislation.  The site is nice and clean, and the explanations proposed laws are clear and understandable.

The home page lists all the legislation currently pending, but grouped by tabs for categories such as: Most Popular, Newest, Greatest Cost, and Greatest Savings.  If you click on a proposed law it will take you to a page where you can leave a comment about the legislation.  Also, users can edit the section that describes why the legislation should or shouldn't be passed.  Sort of like Wikidpedia, except probably with more controversy as the site becomes more popular.

Young pitcher battles batters, and cancer

In pitching, it is said, the perfect is the enemy of the good.  Unless, the type of perfection we are talking about is perfect determination.  That's what 17 year old Will Discus continues to demonstrate as he battles opposing batters while also taking on Ewings Sarcoma (a bone cancer that primarily affects teenagers).  Let's all wish him well as he takes on his challenges.

Ready for Barack Obama?

I first became aware of Obama when my friend Rick Klau blogged about him, and I've kept up with his political trajectory since then.  I didn't think he'd be ready to run in this presidential election, but I'm not surprised to see him place his hat in the ring.  Is he too inexperienced to be president?  Maybe so, but I'm willing to put him at the top of my list for now.  Why?  Well, he's obviously smart and he's an exceptional speaker.  And I believe he knows how to inspire people to work together, which is an important aspect of being president.  Maybe he doesn't have enough 'scar-tissue' as my friend David recently explained. "Something like a divorce, or maybe a bankruptcy or two," is how he put it.

I'll concede that Barack Obama doesn't have much scar-tissue, but I seriously doubt he's ever going to get divorced or appear in bankruptcy court.  But he's going to get a lot of attention as he campaigns for the most sought-after job in U.S. politics, and he will get inevitably acquire some scar tissue.  Maybe he won't make it to the top this time, but he'll make it there eventually (his 60 Minutes interview last night shows that he's not afraid of questions about his political inexperience, or about his 'youthful indiscretions'). 

I admire Barack Obama's political approach, and I strongly believe he would be a great president.  I don't mind having someone in that position who 'learns on the job' as long as they are incisive and learn quickly and don't make big mistakes.  There have been some 'experienced politicians' as POTUS who have made some big mistakes, and then failed to admit having made them.  "I know that I haven't spent a lot of time learning the ways of Washington," Obama said in his announcement speech, "but I've been there long enough to know that the ways of Washington must change."

I'm not waiting for someone versed in the 'ways of Washington,' or someone covered with scar-tissue.  I am ready for someone who can make a positive change, and someone who has dedicated their life to making positive change.  I'm ready for someone who understands the global perspective, someone who has had a distinguished academic background, but who knows how to talk to people in plain English.  I'm ready for someone who will grow stronger in an important leadership role, not weaker. 

I'm ready for Barack Obama.

Citing Wikipedia

When is it appropriate for a court or serious academic publication to cite to Wikipedia?  Concurring Opinions asks this important question because a lot more courts are citing to WIkipedia.  Even Judge RIchard Posner finds Wikipedia useful in certain situations.

The Scooter Libby Trial Explained

Nicholas Lehman's blurb in the New Yorker is well worth reading.  I love the concluding sentence.  So apt, and so condemning.  (and then there is Jon Stewart's explanation).

Pop-ups can be harmful to teachers

This is another reason to make sure that your computer isn't infected with malware.

State of the Union

We live in a world of information cascades, of dominos toppling at Mach 2 speeds.  Internet maven Cory Doctorow recently quipped that he no longer tries to predict the future because it's not as stunning as 'predicting the present.'  This is a corollary to William Gibson's remark that "the future is here.  It's just not evenly distributed."

Where does this leave politicians?  Probably somewhere the future has not yet reached.  Most politicians understand that the Internet (or 'the Internets') distributes information at hypersonic speeds, but many of them seem not to grasp the many ways the Internet distributes information.  John McCain is the latest victim of this shortsightedness, but I'm willing to bet (by predicting the present) that other politicians in the presidential race will learn not to fall asleep at the switch.   The crowd is wise, and eager to make its presence known.

The importance of Electronic Medical records

Today's Times Picayune article entitled Doctors Puzzled over Katrina patients is about the need to move toward a system of electronic medical records: "Studies have shown that electronic records can reduce medical errors -- sometimes the result of chicken-scratch handwriting -- and eliminate waste by preventing doctors from duplicating tests that were already given in another setting. For that to happen, the record must follow the patient."  The article goes on to highlight the need for interoperability and cooperation.  Technology is the easy part.

Duke lacrosse case update

The 60 Minutes story on the Duke Lacrosse case last night was very disturbing.  Brian Meehan, the man hired by the prosecutor to do forensic work, said he found DNA on the rape kit and the accuser's underwear that belonged to at least four unidentified men, none from any of the lacrosse players. But when Meehan issued a report of his findings, he left out that exculpatory information about the other men. 

Now he's having to explain his 'mistake.'  But one gets the sense that he was doing what he thought Prosecutor Mike Nifong wanted him to do. The North Carolina State Bar has filed a complaint alleging ethics violations by prosecutor Nifong, but not because of the failure to reveal the exculpatory evidence (the complaint is about his improper publicity-seeking remarks).  Perhaps the North Carolina Bar should amend their complaint to include these more serious violations.

Many people will wonder if Nifong shouldn't also be subject to a civil suit by the lacrosse players.  He is probably immune from suit, but that doesn't mean (if the ethics charges are true) that he should be immune.  Nifong has wreaked incalculable damage upon the accused lacrosse players, and it's hard to see why he shouldn't be held fully accountable.

Quick thoughts on Google culture - playful, serious, and mysterious

This New York Times article talks about the playful culture at Google's Manhattan office, a place infused with brainiacs who create new things like Google Finance, which seeks to rival Yahoo's model.  Check out Google Finance's 'What's new?' video (a YouTube video, of course).  Financial investment is pretty serious stuff, but the playful video is not off-putting (at least not for young cyberjock investors). 

Say, speaking of cyberjock investors, what if you could figure out what stock the key financial players in Manhattan were interested in simply by having access to the search patterns in New York's financial district?  Nah, that'd never happen.

Some end of the year thoughts

Let me say first that being named Time's Person of the Year was a pleasant surprise (even though I have to share the honor with all of you).  The Internet, for some reason, continues to be big news.  I started blogging almost five years ago, and a lot has happened since then.  In 2004 'blog' was picked as Word of The Year by Merriam-Webster.  It's strange to think back on how the whole blog thing evolved, with 'social networking' offshoots like del.iciou.us, Flickr, YouTube becoming popular to the point of being acquired by other larger companies like Yahoo or Google.  Businesses have figured out that social networks are important, which is why books like Naked Conversations have been so successful.  The first line of that book captures so much of what drives the engines of online social networks: "We live in a time when most people don't trust big companies."

Indeed.  People also have less trust in organized politics and mainstream media.  We instinctively know that where money and power combine the information that is put forth is often skewed to increase profits or advance an agenda.  Are bloggers immune from distorting reality? Absolutely not.  And many bloggers are not stellar communicators.

But they are passionate, and they want to be heard.

There are a lot of really great blogs out there.  Here are four blogs that you should consider checking out every day for one week.  If you aren't hooked by then move on.  But, something tells me that you will find at least one that you become hopelessly addicted to.

Schneier on Security -  Supposedly only techies care about security.  That would be sad.  Security issues now affect us in every aspect of our life, and so reading this blog wouldn't be the worst way to spend some extra time.  Bruce Schneier is a math wiz who once thought that computers would bring us perfect security.  Then he realized that human behavior is a critical factor.  If I were President of the U.S. I'd find a cabinent level post for this guy.  At a minimum, he'd reduce the insanity of our current airport screening procedures. In the post-9/11 world we need some common sense, and he's got the right balance of technical knowledge and practical sensibility.  A balance that most of our current leaders glaringly lack.

The Dilbert Blog - Scott Adams is a clever guy who figured out how to make a living drawing cartoons. I laughed at his Dilbert cartoons, but I didn't start to appreciate Adams until I read his book God's Debris.  Now, after reading his blog (which he updates daily), I have come to appreciate his keen insight even more.  Stephen Colbert should interview him on his show, and I wouldn't be surprised if that happens soon. Unless, Colbert is afraid of pairing up with someone who is both incredibly smart and incredibly funny.

The Freakonomics Blog - When I was younger I thought economics was boring.  Somehow I associated economics with tedious statistical analysis.  In law school I learned about the so-called Chicago economics school of thought that influenced certain federal judges, including Richard Posner.  More recently, Steven Levitt and Stephen Dubner wrote a wonderful book that shattered my misconceptions about economics, and now they have created an engaging and informative blog.  Where else are are non-mob types like me going to learn about a service that provides you with alibis?

Do Not Pass Geaux - I have to list a law blog (aka 'blawg'), right? I really like the Wall St. Journal's law blog for general news and snarky commentary.  But I would rather highlight a blawg that's unique and compelling.  Hence, I recommend Do Not Pass Geaux, by someone who took a sabbatical from his respectable D.C. white collar practice.  Brian Privor is now representing indigent defendants in the New Orleans c