Party Time!!!

I’m going out of town for a few days with Dr. SJ and the kids, and have no plans to post anything* until I get back. So consider this an open thread. Knock yourselves out and please try not to make anyone stupider.

I’ve left David the keys to the joint, so he’s in charge, to do to SJ what he pleases until my return. I only ask two things: First, please clean up the place before I return, and put the glass beer and booze bottles in the recycle bin. Second, stay away from the Healey. It’s not a Ferrari, Ferris, but it’s what I got.

Have fun. I’m outta here.

*If I was writing this morning, I would definitely write about this New York Times editorial.

52 thoughts on “Party Time!!!

  1. CLS


    May we please see one of your eloquent rants about the lack of civil liberties in Europe this weekend?

    1. David Meyer Lindenberg

      Nah, I’m off that beat for the time being. I do have a post in the oven about the relationship between speech restrictions and economic regulations, but it’ll be a while before I publish it.

      No, I think we’ll put the focus squarely on your own country, malcontents.

  2. Billy Bob

    Keep your eyes on the road and your hands upon the wheel,…
    Have fun in the sun. We expect a full report when you return.
    Finally, stay away from any sh*th0le country! (Unless you wish to contribute your vast energies to some NGO humanitarian effort. Try it, you might like.)

  3. Rojas

    Some lawyer porn to break the ice.
    (FULL) 08/10/2017 Reasonable Doubt: In Memoriam – Richard “Racehorse” Haynes

  4. Richard Kopf


    Regarding our President’s recent controversial remarks about countries in Africa being “shitholes,” I wondered whether his assertion could be proved empirically. So, being the diligent empiricist, I googled “images of toilets in Africa” and then took all those images and compiled them into a database.

    Using a conventional image of an American toilet, I then compared the African images to the American standard.* To make the comparison, I used both a Mean Squared Error (MSE) and the Structural Similarity Index (SSIM) to determine whether the African toilet images were substantially similar to the American toilet. I am able to confirm with a high degree of confidence (coefficient of reproducibility of .953) that African toilets are, by and large, quite literally shitholes.

    I plan on publishing the results of my groundbreaking work. However, I am uncertain what journal I should target. Can you help me?

    All the best.


    * A careful reader might think my use of the words “American standard” is a pun. Not so. That would be frivolous.

    1. David Meyer Lindenberg

      It warms my heart to see you so in touch with our cultural heritage, Judge. And if Vanity Fair isn’t a good enough journal, may I suggest the distinguished publication known as Inside Higher Ed?

      1. Richard Kopf


        I would submit to Vanity Fair but Christopher Hitchens is dead. By the way, one of his first gigs was to write for the Times Higher Education Supplement where he served as a social science correspondent but was fired after six months. So I am not inclined to submit my paper to Inside Higher Ed.

        I think I will submit my piece to the International Journal of Waste Resources. While it is an open access journal, I am pretty sure publication in it will gain me tenure.

        All the best.


            1. Patrick Maupin

              What, exactly is the bass-is for this claim? And are you shameful enough to deal with your own transgression in the way of the Japanese or the Sopranos?

            2. David Meyer Lindenberg

              Look, I’m not obsessed with Japanese stuff. I leave that to the alto-right. I just feel this sharp urge to pitch myself into the c.

            3. Patrick Maupin

              I didn’t think the joke fell all that flat, but that’s just my few cents.

              In any case, I’ll just sit here Lacuna on my Largo for awhile and see if Primo Uomo foobar will come by to grace us with a Scherzando Burletta.

      1. Richard Kopf


        Thank you. I will download the book to my Kindle to save trees. I am environmentally sensitive and don’t buy ivory either.

        “The biography of one of the great unsung engineers of the Victorian era. Thomas Crapper was the man who revolutionized the nation’s water closets through his invention of Crapper’s Valveless Water Waste Preventer in 1872, the forerunner of the modern cistern system.”

        All the best.


  5. phv3773

    I have a couple questions. How wide and how deep is the SJW “movement” ? Somewhere between 500 academics and 25 million of the citizens who voted for HIllary. Can we narrow it down? I don’t encounter it in my personal life, but I’m retired and don’t mix in trendy circles. And secondarily, how uniform is it? Are the folks who are concerned about pronouns the same as the ones who want to facilitate ratting out sexual abusers, or are those disjoint sets?

  6. SPM

    OK, I will throw this out there.: I do IP work for a living, and my connection with criminal justice is volunteer work at the local state prison I occasionally read a few of the appellate decisions related to people I come across, primarily to keep up with the law in general.

    One of the standard rulings in state and federal habeas cases is that even if there was a failure to object to inadmissible evidence/testimony. this failure was a strategic decision so as to not anger the judge and/or jury and thus outside the scope of Strickland . That is certainly the conventional wisdom, and that wisdom pretty much applies to civil litigation as well. The question then is if there any merit to this claim? Judges? Does a litigator who contests every single aspect of a case really do more harm than good?

    1. Richard Kopf


      In my experience, if the defense is something more than one long guilty plea–meaning that there is a chance of acquittal based upon a non-crazy theory and a bit of evidence exists to support the defense–then juries are annoyed by objections that are consistently overruled. Moreover, those losses detract from the lawyer’s credibility (Aristotle’s ethos) in the eyes of the jury.

      Long ago when I taught trial advocacy I told the law students that as a general rule they should object only when there was a likelihood of it being sustained and then only if the evidence objected to was meaningful. The one exception to this rule was where the evidence was critical and one needed to preserve the record for appeal–as in evidence that the trial judge refused to suppress prior to trial.

      All the best.


      1. SPM


        Thank you, that was what I was looking for.

        The old “don’t annoy the judge and jury” philosophy has been around for as long as I have been. However, these days we seem to be rethinking a lot of the received conventional wisdom, so I wondered if the “Law and Order” generation has a different expectation of what a trial looks like.

      2. Ghost of SHG

        This would make a good subject for in depth discussion, as the general rule might not be sufficient to provide a sufficiently thorough explanation to make sense of a very complex tactical discussion.

        For example, there are times one doesn’t object to otherwise objectible questions because they’re innocuous and it would give a jury the impression that the lawyer was being needlessly obstructionist. And there are times, when your witness is getting beat up on cross, when you object even though you know you’re going to lose the objection, just to give the witness a chance to catch his breath and regroup.

        And times when you object to throw a questioner off his game with an interruption when he’s in the groove. Or when the judge refuses to allow you to make a talking objection, but then you’ve failed to preserve under Strickland, so you have to pick your moment to go to war with the judge.

        The thing about general rules is that they’re often subsumed in exceptions. It would make a very interesting post, right Judge?

            1. Richard Kopf

              Dear Ghost,

              Why do I feel like the agnostic Roman Centurion charged by Pontius Pilate to investigate rumors of a risen Jewish Messiah and locate the missing deceased body of Jesus of Nazareth in order to subdue an imminent uprising in Jerusalem?

              All the best.


      3. Roger

        Ah, the majestic consistency of the law. On direct appeal, a sustained objection with an instruction to disregard means there was no prejudice and thus no reason to reverse the conviction, because we all know that jurors would never consider something if the judge told them not to, while on collateral review it was good trial strategy not to object or ask for an instruction to disregard, because we all know that you can’t unring a bell and objecting just adds an emphasis that will lead the jurors to dwell on the prejudicial fact you were trying to exclude. Either way, we get to save the conviction, which is the consistent result we’re looking for.

  7. Laches

    Wishing the Greenfields a safe and happy escape!

    I read a piece in The Atlantic today that characterized the ‘Shitty Media Men’ list as “a version of due process”. Seriously.

    1. David Meyer Lindenberg

      “‘When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean, neither more nor less.'” A precept of postmodern thought if ever there was one.

  8. John Barleycorn

    Bout time the Dr. insisted the esteemed one take a pilgrimage to Haiti to figure out how Bondye gets all the love.

    If he is paying any attention perhaps a Loa or two will accept his gifts and bless him with a visitation if he can bend his head around their expectations and procedural service protocols.

    And if not….

    Well, no one leaves Haiti concise, if you are doing it right and perhaps, even more helpful, few leave without an advanced corridors of cogent lesson or two, which is more helpful than one might think.

    I guess we’ll see…

    P.S. As to our esteemed host’s recycling request hasn’t anyone told him yet, that it is best to have a “breaking wall” and hire out interns to uniformly finish the crushing of the remains and then shuffle them off to the backfill pile. Excellent drainage material.

    P.S.S. Kote twalèt la?

    1. John Barleycorn

      Mr. David M,

      To even engage the Robed Rider?

      Cowardice, even pathetic of you!

      He isn’t even here…Shh…

      Pandering the esteemed ones gift, and Nebraska’s Rage. ?

      You wasted-and just enough- away or what?

      This isn’t pre-school..

      I doubt you are up for a party!

      Not “that kind of party” either.

      For example just the shade of “today” . Not the skill, not the love, not the tunes, go figure and park the parks?

      getting old is fine….whatever this probability is it is!

      Educate bitch! That Nebraska Rider has got to be pissed! & piss!

      Are you are a knuckle baller aggregator… ?

      I don’t think so!

      If only I knew that guy who goes to the bar and doused the “give a fuck!”


      Let me belly you up! to the bar…..

      it isn’t a horn!

      Might be……tax

      hell if I know what the rising is…

      what-ch-got Dave?

      1. David Meyer Lindenberg

        Really? Zappa? For as long as I’m in charge, Frank Zappa will be considered a microaggression. Govern yourselves accordingly.

  9. losingtrader

    I’ve been down in the Bitcoin mines for a week, dodging falling alt-coins, and the minute I come up for some internet , SHG leaves. Unfair.

  10. PseudonymousKid

    A wide open thread while Papa SHG is away and I somehow missed it until now. Darn. Let’s throw the wildest intersectional party we can and trash the joint with the lived experiences of thousands of victims. As long as we have it back together by the time he gets back, we’ll be fine. Nothing bad can happen, right?

    I got goosed in high school by a man without my consent. #METOO

    I punched him after that, we fought, and then made up. He didn’t touch my butt again. #NOTMETOO

    Don’t any of you dare challenge my lived experiences. You weren’t there and don’t know how awesome punching someone can feel.

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