While doing the daily read of Lawrence Auster's website, I came across the following link. It is a full-text reprint of Virginia Tech professor Nikki Giovanni's remarks at an event commemorating the victims of the Virginia Tech shootings. Incidentally, I saw the end of her remarks via WDBJ video, and was impressed. Instead of sniffling, she seemed almost defiant, a stance with which I agree.

The author (and several commenters) wanted to know what, among other things, a reference to an "Appalachian infant killed in the middle of the night in his crib in the home his father built with his own hands being run over by a boulder because the land was destabilized" meant. It would seem that the author and/or commenters believed that the reference was fictionalized or simply the ravings of a barking moonbat. Not so.

Without regard for the other substance of Professor Giovanni's remarks, I can explain the reference to the Appalachian infant. It is a dreadful story, one that sparked a spot of irritated annoyance with the company in my circumstance. A toddler, three year old Jeremy Davidson of Inman Hollow near Appalachia, was killed in his bed when a boulder of ~1,000 pounds rolled off a nearby coal mining site and struck the trailer in which he was sleeping on the night of August 20, 2004.

A press release from the Commonwealth's Department of Mines, Minerals and Energy describing their findings is here; the DMME found that, "[the site operator] demonstrated gross negligence by committing the following unauthorized actions that resulted in the death of Jeremy Kyle Davidson.

Posted by: Country Pundit at 09:21 PM | No Comments | Add Comment
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The nearest major institution of higher learning to me is the Virginia Polytechnic Institute and State University. Like someone on a message board I frequent said, "it's hard not to know someone who goes there". Many of my high school class went there, and several members of my law school class wore maroon and orange on a regular basis. Despite all this, I thought nobody I knew was caught up in the Korean's rampage.

I was wrong.

Long-time neighbors of my parents have a son who attends Virginia Tech. He's fine, but apparently some of their cousins were not, their names included on the list of the dead. Blast it.

Meanwhile, I had the chance to travel along Interstate 81 earlier today, and stopped at the Wytheville Wal-Mart. In the parking lot was a car, driven by a youth by the looks of it. Written on the back glass was the speedlettered 'VT' along with the legend, "KEEP THEM IN UR PRAYERS". Indeed.

If you're on 81 in Smyth County ever, you've probably seen the household with the hand-painted (but apparently well-executed) barns at Seven Mile Ford with various Virginia Tech indicia, including that bird. I usually snort amusedly at the thing---again, I didn't go to VPI---but tonight I did a little something different. I wondered out loud if the property owners would do anything different. From the looks of it---and it was brilliantly illuminated at night---nothing has changed, but I'll get a better look at it in the daytime later in the week. Perhaps they will do something; perhaps they will do nothing. Either would be appropriate, in my judgment.

If you're interested, a discussion of sorts is going on over at Grim's Hall as to an appropriate tactical response in such a situation. I myself am inclined to believe that anyone short of military or law enforcement personnel would have been essentially useless in the situation, given the psychological advantage the Korean---I can't pronounce or spell his name and I intend to dehumanize the little monster as best I can---would have had. Every man probably asks himself, "What would I do?" The answer for me is (more than likely) attempt to flee at all costs. About the only thing I carry of value is a pen, but I'm not Joe Pesci and this ain't Casino, so yeah, flight would be my most likely choice, if I wasn't paralyzed by fear.

I would like to think that I, along with others, would have had the nerve to rush the guy. After all, unless the Korean was lifted straight from a John Woo film, he's going to be using a single pistol at a time, and Glocks only carry so many rounds. Further, the Korean would have to stop every one who charged him, while the defenders would only have to stop one "man". This is of course the optimum outcome scenario, but it only prevents some losses. Enh, such discussion disheartens me.

I was unfortunate enough to see some of the National Broadcasting Company's coverage on its program Dateline. All I learned is that good people died at the hands of a pimple-faced geek with a social disorder. At least he's dead; that way, we'll be spared the spectacle of some poor defense counsel trying to make the best of a really bad situation.

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Harrumph. The death toll climbed after my intial posting, and I do not like it. I have not particularly paid attention to the matter, primarily because there is only sorrow there.

Conversation with an emergency medical professional indicated that the casualty list may have increased due to high winds plaguing the area. If this is true, then it may have complicated rotary-wing approaches to the VPI area, forcing the evacuation to be performed solely by ambulance. Given the spaghetti-bowl nature of VPI's streets (or so it seemed to me the last time I was there) valuable time may have been lost.

From a religious standpoint, I always hate these sorts of things. Given my personal nature, I usually wind up cursing the perpetrator of the crime. This is in direct contravention of the generally accepted Christian doctrine of praying for those who do harm to you. I've only managed to pull that off once, and it was nearly a physical effort to do so---it was at the non-denominational service held at my graduate institution shortly after 11 September 2001. I remember most clearly that the words would not come. Then, as now. I have not yet managed to get beyond growling, "I hope he's screaming in Hell about right now." I hope the fires around him are being fed by anthracite coal---I hear it burns nice and hot.

Yet, in the midst of pointless slaughter, beauty. Jesus Christ remarked in the thirteenth verse of the fifteenth book of St. John that, "Greater love hath no man than this, that lay down his life for his friends." It is safe to say that Professor Liviu Librescu conclusively demonstrated that greater love. I don't know much of anything about Jewish concepts of the afterlife etc., but if I had my way about, his arrival in Heaven would have been something on the order of the scene from Return of the Jedi where Emperor Palpatine arrives aboard the second Death Star. Blocking a door so others may escape, buying their lives with yours? That is a man. I can only hope that I could be so brave in the face of death.

Nnnh. I do not look forward to the politico-legal response to this circumstance.

In a meaningless statement of solidarity with those murdered by this Korean loser, an ersatz graphic taken from the Cold Spring Shops has been posted in the right margin and will remain for some time.

Posted by: Country Pundit at 03:16 PM | No Comments | Add Comment
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Yikes, just up the road a couple of hours in Blacksburg:

Lone gunman kills 21 at Virginia Tech

Reports suggest that the gunman is dead. There is no news at this point as to potential motivations or victim patterns. Unverified hearsay reports suggest that the gunman performed execution-style killing of several VPI students. Some survivors have been transferred to the Carilon New River Valley Medical Center in Radford, just off of 81. Cripes, that must mean that whatever's in Blacksburg has been filled up.

The VPI&SU website has been overhauled to provide details on the matter. As of 1240 hours, 22 are dead.

I had a couple other things planned for today, but there is no value in posting them now; perhaps tomorrow. This publication's prayers and sympathies are with the victims and their families.

Posted by: Country Pundit at 12:46 PM | Comments (1) | Add Comment
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Courtesy of Katko v. Briney, 183 N.W.2d 657 (Iowa 1971), all first year torts students learn that you can't use a spring gun to defend an abandoned farmhouse, no lethal force to defend property, etc. I say fie on that.

It appears that there's a burglar in the area, and he/she/it attempted to pilfer my vehicle, among others. Didn't take anything, 'cause there's nothing worth taking. You want the Long John Silver's box? You can have it. Meanwhile, please ignore the fact that all the lights in the area have suddenly gone out and the little red dot that your friend is screaming about being on your forehead.

Bother. Never a MagnaVolt dealer around when you need him. The best MagnaVolt ad ever:

If not that, then we go for the UA model 571-C in 10mm:

Hey Ripley, don't worry...

Posted by: Country Pundit at 03:24 PM | No Comments | Add Comment
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Allow me to quote Michelle Branch's "Are You Happy Now?" by saying the following: "I don't care".

The case does, however, allow me to illustrate a point: A criminal defendant may be as guilty as can be. Whether he is convicted or not does not turn upon that question. Rather, it turns upon the relative skill of the prosecution and defense teams. A poorly-defended man may be convicted of a crime he never committed. A well-defended man may not be convicted of crimes he committed. Orenthal James Simpson, I'm looking at you.

I have no articulable opinion on the case other than to state that by this point in time, parents should be on notice that funny things keep getting alleged in regards to Mr. Jackson, and that any parent who willingly allows their child to spend time at the Neverland Ranch should be on constructive notice of same, and thus be barred from civil recovery. Criminal liability for neglect of the child should be considered as a charge against those same parents.

Bah, enough of this.

Posted by: Country Pundit at 10:26 PM | No Comments | Add Comment
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After the demise of the unlamented "Assault Weapons Ban", I'm curious of something, and so I turn to you, the great silent majority... (Snap out of it, man! It's 2004, not 1974! --Ed.)

At any rate, what I'm wondering now is this: Is Heckler & Koch's PSG-1 now legal for civilian purchase in this country? I know it's expensive (~$10,000USD) but if I was going to be a big successful lawyer, I could score that in fees easily. (Ronald McDonald, the bullseye is on you for being a scourge to America's health...)

I figure that there are a slew of gun bloggers who could tell me this, and maybe one of them will take pity on a rather ignorant soul. Look at it this way: With a rifle that expensive and capable, there'd be no way that I could blame lack of accuracy on the equipment. Click here for more details on the thing.

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OK, so the law school experience is over. Got my fake roll of paper and I've gotten through all of this. Been to a couple of wrap parties, and I'm done.

Rather anticlimatic, all this. I did manage to quip, "Our long academic nightmare is over", to rip a line off of President Gerald Ford. I've also recently found out just how much I owe on this pleasant little misadventure, and los federales will be wanting this money back soon. Yikes!

In the interim, I'll be pounding the pavement looking to spin a middlin' academic record and a freewheeling outside-the-box ('cause I can't find the box to be in) style that either leads to victory through confusing the other side or leads to me extolling the virtues of my client and asserting things that didn't need to be proven or something. Overwhelming obfuscation is a tremendous thing; just ask Ari Fleischer.

The next entries will probably be disjointed; I've got to make several long-range trips in the next few days, and none of them will be conducive to blogging. Expect them to be posted as I get them prepared.

Posted by: Country Pundit at 11:21 AM | No Comments | Add Comment
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It is a day that has been three long and arduous years in the making, but I have finished law school, and I have submitted my application to the Virginia Board of Bar Examiners.

Graduation is but a short time away, and I will celebrate as if it were the end of the Second World War. There have been many times where nothing but the grace of God carried me through, and it has been the case thusly this semester.

Praise the Lord, absent all irony and sarcasm; it is a good thing to be finished. The long academic nightmare is over, and I will be free soon.

Next up: The Virginia bar. Yeah, out of the frying pan and into the fire. Huh huh huh...uh...uh oh.

Posted by: Country Pundit at 06:09 PM | Comments (5) | Add Comment
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Suppose I were to tell you the following story:

A black couple and a white couple, both from out of State, were traveling together in the State of Alabama. They decided to stop at a motel somewhere inside the Yellowhammer State, and asked for two rooms. The manager of the hotel comes by later, saying, "We don't want you [the black couple] here."

The black couple protested, but the manger stood firm, citing a policy of not allowing blacks to stay on the property. The manager said that he had to appeal to the majority and the majority wouldn't want blacks to stay at the hotel. The manager decides to let the blacks stay one night, but had to leave the next morning and would not be compensated for the inconvenience.

Off the top of my head, that's a Federal civil rights case. The motel, in doing business with out-of-State customers, is a participant in interstate commerce. The Supreme Court of the United States has ruled previously that since there is an action in interstate commerce, Federal laws will apply and trump any State interest. Under the previously-settled jurisprudence, the motel cannot prevent the black couple from staying there.

Remember: Although the State may have a law which allows a business to discriminate in terms of who it serves, if the business trafficks in interstate commerce, Federal pre-emption overrides the State statute. After all, we won't stand for discrimination of any kind, right? Well, there's a bit more to it than that. more...

Posted by: Country Pundit at 05:21 PM | No Comments | Add Comment
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Full disclosure: I'm more in Richard Nixon's corner than not, and therefore am predisposed to loathe Richard Ben-Veniste from the get go.¹ I find him repellent, and have done so since I started reading about Watergate back in the very early 1990s. From what I understand, he's been a pest to Republicans since the days of the first big Democratic witch-hunt in Washington, i.e. Watergate.

Anyways. Ed Moltzen of Late Final has come up with a very interesting piece of information indicating that perhaps Mr. Ben-Veniste has not been as compliant with ethical standards as perhaps he should be.

The bottom line: His law firm (Mayer, Brown, Rowe & Maw) is representing claimants in the litigation over the collapse of the World Trade Center. Mr. Ben-Veniste just happens to have access to a lot of otherwise classified information that other parties would have to use the Freedom of Information Act and/or extensive discovery procedures to get at, if at all.

I do not mean to suggest that Mr. Ben-Veniste would act in any way contrary to the rules of professional responsibility, but we're using the New York Times standard of "appearance of impropriety", not any actual objective standard. Perhaps Mr. Ben-Veniste should recuse himself from the Commission, or perhaps his firm should withdraw from the suit?

I'll probably wind up asking one of my intelligent professors about this, since I'm always hazy on this part of the rules of professional responsibility. Since I'll probably never be asked to be on a commission like this or be in a giant firm, these concerns are not my problem.

Read the whole thing. Very interesting. more...

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This is good news.

BAGHDAD, Iraq -- An Iraqi judge has issued a murder arrest warrant for a radical Shiite Muslim cleric, Muqtada Sadr, for the slaying of another Shiite leader shortly after the U.S.-led invasion of the country, coalition officials said Monday.

I had been wondering to myself (and overlooking the larger historical implications) "Who will rid us of this troublesome cleric?" Now, it appears that the Iraqi judiciary---hopefully it's a non-sharia court---has stepped up to the plate. At the same time, there is something of note here:

[Coalition spokesman Dan Senor] said the arrest warrant had been issued several months ago. He refused to say why Sadr had not been arrested earlier.

I suppose that the usual calculations went into the decision not to arrest Sadr earlier. These would probably include "Can we get him?", "Do we have enough evidence?", "Can we hold him?", "What will the repercussions be?" and so forth. It may be that, until the most recent clashes between Sadr's troops and Iraqi/Coalition forces, there may not have been appropriate isolation for him. more...

Posted by: Country Pundit at 11:56 AM | No Comments | Add Comment
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Something's come up in the world of Internet music access, and I figured I'd put my shallow & superficial take on it. CNN reported this story, and it's solely upon the basis of their facts that I write.

Brian Burton, an English disk jockey D/B/A DJ Danger Mouse¹ , has released a remix that somehow meshes together The White Album by those lads from Liverpool (Get back on the 707! Go back!) with The Black Album by a performer named Jay-Z.

I don't know exactly how they did this and I haven't heard the album, but ostensibly there was some studio magic involved. Despite the fact that I took intellectual property a couple of semesters back , I'm not entirely sure how this gets analyzed. I've got a vague notion of the fair use defense and I'm also harboring a thought that DJ DM could argue satire or parody.

The first case I can automatically think of is Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). In this case, Acuff-Rose sued Luther Campbell and the 2 Live Crew over the latter's remake of Roy Orbison's hit "Oh, Pretty Woman". The Court held that 2 Live Crew had a fair use defense because their version was a parody of Orbison's original. That the 2 Live Crew song was also for commercial purposes, although a factor, was not in and of itself conclusory. The case was subsequently remanded, but to what end I don't know---and it's not ultimately important.

Justice Kennedy, in his concurrence, seems to have put a series of nails in DJ DM's case by saying, "As future courts apply our fair use analysis, they must take care to ensure that not just any commercial takeoff is rationalized post hoc as a parody." This fellow hasn't apparently said anything about parody or satire, so he may be up the creek when it comes to a post hoc rationalization scenario.

If I were DJ DM's counsel in an American court, I'd try to note the non-commercial nature of the item. However, DJ DM made the mistake of selling these items himself to record stores, and that's going to be hard to get around. Something else I'd at least try is to argue that the two weeks spent on the remix, taken in conjunction with what it takes to do one of those, plus DM's own special applications of his skills as displayed in meshing the two albums with his own signature style (if he's got one) would constitute significant transformative use, such that a new item had been created.

In the event that I get wind of any developments in this case, I'll probably throw them up here; I'm actually kind of interested to see how this will turn out. It is heartening to see that Jay-Z's management didn't seem to care about the fact that one of their people was used in this manner.

_____

¹ You've got to love a guy who steals his nickname from Danger Mouse, a fine Cosgrove-Hall production and brought to Americans by Nickelodeon back when Nickelodeon mattered. To this day, I occasionally trot out Penfold's "Crumbs!" when something goes wrong, and I can readily hear the voice of the narrator intoning "LONDON" as we pan over a cityscape. It's said with the utter finality of a pronouncement from God, and you've just got to love it.

Posted by: Country Pundit at 09:51 PM | No Comments | Add Comment
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I was looking at my assignment for Agency & Partnership the other night, and I happened to see the cover of my casebook. What to my wondering eyes did appear, but the name of a Professor whose blog is linked here.

That's right, I've got a copy of Agency, Partnerships, and Limited Liability Entities: Cases and Materials on Unincorporated Business Associations by William A. Klein, J. Mark Ramseyer, and, most importantly, Stephen M. Bainbridge.

Heh heh heh. Whoah. For what it's worth, Professor, I like the book so far.

Posted by: Country Pundit at 11:04 AM | No Comments | Add Comment
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Ugh. The final semester of law school has started. I so don't want to go through with this. I would readily prefer avoiding the inevitability of taking the Virginia bar.

On the other hand, I got a grade back in a class that I was expecting to retake. Two full letters above what I thought I'd get, and I'm pleased. Hooray. Nevertheless, I don't want to actually have to get out into the real world and pull my weight, darnit. Isn't there some super-rich family that just would love to have a grumpy, acerbic, and sarcastic wiseacre amateur political analyst and lawyer as a son-in-law, married to their uber-babe daughter whose accent is either English or proper Southern? (There are plenty of them out there; it's just that none of them are interested in you. --Ed.)

Oh well. Once more into the breach, and unfortunately, I don't think I'm Richard Sharpe at Badajoz.

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Just when you thought it was safe to cheer the capture of Saddam, Bill Safire comes along and ruins it.

Bill's a Nixon man, and therefore the Country Pundit likes him. Anyways, to the points:

Why did he not use his pistol to shoot it out with his captors or to kill himself? Because he is looking forward to the mother of all genocide trials, rivaling Nuremberg's and topping those of Eichmann and Milosevic. There, in the global spotlight, he can pose as the great Arab hero saving Islam from the Bushes and the Jews.

I don't know the mind of Saddam Hussein, but one wonders if he has in essence surrendered himself to his fate. By this I don't mean surrendering to objective justice, heavens no. I guess I'm more wondering if he thinks he'll ever get Iraq back again, or if he's figured it's time to break out Bon Jovi's "Blaze of Glory" after watching Young Guns II for inspiration.

Safire goes on for a little while longer, but closes with this gem:

We are not finished with this remorseless monster; Saddam will have his day in an Iraqi court. But so will the ghosts of poison-gassed Halabja and Iraqi children forced to clear minefields in Iran. The meticulous presentation of his offenses against humanity will demonstrate again that all that would have been necessary for the triumph of evil was for good people to do nothing.

I haven't made a final decision as to what the best use of Saddam Hussein would be, but as one of those pathetic individuals struggling through law school (And nowhere near the front of the class, either! --Ed.) I'd like to see him standing in a dock somewhere with a bill of indictment being read against him. Ideally this will be in the hands of a reconstituted Iraqi criminal justice system. Hopefully he'll be given as fair a trial as can be, in order to show the old coot how civilized nations go about the even-handed application of the rule of law, not of men.

¹ Setting aside for the moment the fact that those three words may be a contradiction in terms.

[Yes, this is posted late. I've had to write thirty-plus pages of pseudo-analytical legal text and take two exams in the last four days. Right now I'm happy to not be falling asleep on the keyboard.]

Posted by: Country Pundit at 10:45 PM | No Comments | Add Comment
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Today's news that makes you want to lay the mantle of civilization down and go inflict some horrific levels of pain: Sources: Slain prosecutor was tortured.

Assistant United States Attorney Jonathan Luna, age 38, was murdered probably early Thursday morning, and his body was found somewhere in Pennsylvania. His car was found idling in a creek, with Mr. Luna's remains stashed beneath it. Two snippets:

Sources said the killing was brutal. Torture wounds were found on his torso, and he had been stabbed as many as 36 times.

An autopsy conducted by a forensic pathologist found that Luna "died of fresh water drowning and multiple stab wounds of the neck and chest," Walp said.

Luna was alive but incapacitated when he was thrown in the water, Walp said.

Mr. Luna leaves behind a wife and two children.

I don't know all the facts of this case, nor do I have any personal connection to it. Nevertheless, I do not like it when law enforcement personnel are killed. If I had Richard Bay's speech to Helen Gamble on an old episode of The Practice, I'd probably be reading it now---the bottom line is that men and women who serve the law enforcement system are, in their own way, part of the thin veneer of civilization that divides us from the Iraq of Saddam Hussein. Any attack upon them probably in some way constitutes a move towards what Hussein's Iraq stands for.

I am, of course, angry and ranting about this, probably absent a lot of logical rationality, but at this point I don't care. It would be nice to be able to catch the responsible parties and inflict upon them the John "Without Remorse" Kelly hyperbaric treatment, following that up with a quick trip to the local mulching machine in the back yard, a la the last few minutes of Fargo. This is where we can learn from the Baathists: Insert the responsible party into the machine feet-first.

The Country Pundit is not pleased.

Posted by: Country Pundit at 11:36 AM | Comments (2) | Add Comment
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I'm currently slogging through a paper on the differences between the merger approval mechanisms of the United States and the European Union. If anyone's got some whiz-bang resources for EU "competition" regulation, policy, and procedure, I'd love to hear from you. Likewise, any information readers think might be useful for the American side of things would be appreciated.

I've already raided the European Union's official site(s), so that's a good start. At the same time, I'd appreciate more information, so I can get the right answer instead of a politicized rant about the evils of Brussels. As much fun as that might be, the relevant professor would not look kindly upon such a work.

Just use the 'contact' link off to the right if you've got anything. Thanks!

Posted by: Country Pundit at 11:58 PM | No Comments | Add Comment
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The early morning release of TAS has an article mentioning the tussle in Massachusetts over the constitutionality of the 'under God' clause in the Pledge of Allegiance. The instant case is brought by the mother of Miss Lisa Newdow, the girl whose life was irrevocably harmed due to her tender little ears hearing the words "under God" in the classroom.

Judge Kenneth W. Starr is representing Sandra Banning, the mother of the child. She reportedly contends that she personally sees no problem with the utterance of the full Pledge in schools. I suppose she's somehow trying to nullify the suit brought by her former husband, but I'm not entirely sure if she's doing this as the mother of the child or as an interested party, or what. Suffice it to say that there is a significant Constitutional component involved, because Judge Starr is her counsel. Whatever the details of the suit, I'm glad someone's fighting this particular battle, and I'm glad that he's the one doing it.

This article says several nice things about the judge, and I wanted to echo them. I've had the pleasure of meeting Judge Starr through the Federalist Society, and I have to say that I was mightily impressed with him. He, like many others I've met in law school, exudes a mighty competence that's almost eerie. It would seem that Judge Starr was hardly the bumbler or the salaciously-interested schoolmarm who bumbled his way through millions of taxpayer dollars and came up with nothing. (This is, of course, somewhat inconvenient for several memes in the recent American political culture, but pay it no mind.)

After having heard Judge Starr speak and a quick conversation with him, I came away with the impression that he was more than competent to perform his duties with regards to the Clinton inquiry. Similarly, I felt certain that the level of success that was achieved was due in large part to his skill as a lawyer. The Clinton legal defense was, in a word, competent. I do not mean by any stretch of the word that the Clinton legal defense had any merit to its claims, but they certainly managed to field some crack troops in defense of the Clinton position. Bottom line is that Judge Starr impressed me with tremendous knowledge of the law and its history, an excellent manner for communication, and a quick wit. I'll mark him as another in an expanding list of men and women I've met in law school who I'd rather not ever face at trial.

Hats off to Judge Kenneth W. Starr for working very hard and quite skillfully in an absolutely thankless role. Best of luck to him in this pending litigation; in my opinion, a victory in this case might serve as a thumbing-of-the-nose to the radical secularists.

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