My thanks at the end of the first decade of the New Millennium
To my incredible wife and family – Any woman who could remain married to me for 29 years, 4 months, and 1 day must be a saint and Goddess
To my wife and God – Having been the son of a single mom, and never having met my father, to my wife and God for two great sons
To the people of America who overcame centuries of racism to elect President Barack Obama and Governor Deval Patrick
To the 537 voters in Florida who provided the margin of victory for President Bush – As every day goes by, we realize how fortunate America was not to have the insufferable Al Gore as President
To President Bush – President Obama will inadvertently rehabilitate you
To Vice President Cheney for continuing to speak out and fight the good fight. Vice President Chaney may be our Winston Churchill
To President Jimmy Carter for converting me into a conservative
To Senator John McCain for bringing Governor Sarah Palin into national prominence
To General David Petreas
To the voters of California for recalling Governor Gray Davis - Governor Schwarzenegger, for all his faults, is a dramatic improvement
To the Jesuits of the University of San Francisco – As every day goes by, I value more and more the Jesuit education
To San Francisco – I may make fun of the political excesses of the city, but I was born, raised, and educated in San Francisco. I love San Francisco and am honored to be from one of the world’s greatest cities.
To California – My true home for this son of California
To my mom and San Francisco for teaching me tolerance
To the Sierra Club
To the University of Michigan School of Law, Dean Francis A. Allen, Professor Roger Cunningham and Professor Peter O. Steiner for having faith in me, investing in me, and mentoring me
To Professor Joseph A. Sax for teaching me Environmental Law and Natural Resources
To Lloyd Carr for winning a national football championship at Michigan during my lifetime
To the great state of Michigan – may better times come soon
To Professor J. Thomas McCarthy, after whom I have modeled my teaching
To Ohio Northern University for my first teaching job
To Ada, Ohio for educating me on the values, mores, and strengths of the heartland of America
To John Riordan – for hiring me as a law clerk at Darwin & Riordan and dumping the first case on me – involving sex discrimination in the airline industry
To Jim Walsh, District Counsel of the Seattle District of the Army Corps of Engineers, who hired me as a 100 day consultant in 1976 to research an Indian Law problem
To Washington State and Puget Sound – for experiencing God’s Country
To Western New England College, Dean Howard I. Kalodner, and Professors George Thompson and John J. O’Connor, Jr. for rescuing my career
To Don Dunn
To Massachusetts for its history, beauty, and traditions
To Springfield, Massachusetts and the sense of community
To New York – I love the City, State and New Yorkers from my first presence in New York in 1971. My love is even greater since my wife is a New Yorker
To President Jim Doti and Chapman University for welcoming me into the Chapman community
To my colleagues at Chapman University for electing me four years ago as their President of the Faculty Senate, the crowning point of my academic career and the acceptance of the young law school by the historic university
To all the students I have taught over the past 37 years – All the young dynamic students who keep my mind, heart, and soul young. I teach to give back. Teaching has never been a job
To all my colleagues over the years -I have learned something from everyone of you
To my young colleague, Deepa Badrinarayana, who invited me to give a talk in New Delhi last summer, allowing me to visit the Taj Mahal, the second most beautiful thing I have ever seen, my wife being the first
To the internet for feeding my ego by allowing me to publish an idiosyncratic and eclectic, irregular blog, which I am presumptuous enough to think more people read than my law review articles
To my friends and colleagues of the University of Michigan Alumni of Orange County, who welcomed me into their company as they do all Michigan alums. Go blue!
To the OC – I wished I could have moved here 2 decades earlier
To Dr. Paul Vollucci, and the other doctors, nurses, and staff of Kaiser for keeping me going the past couple of years, as my asthma worsened and my body experienced the normal wear and tear of the aging process
To America, the greatest country in world history
Thursday, December 31, 2009
Tuesday, December 29, 2009
Lessons From Christmas and Delta 253
One of these days Al Qaeda will get it right. They will succeed in blowing up an airplane in midflight.
At least President Obama almost got it right earlier today when he called it a “catastrophic failure” and a “systemic breach.”
Of course, neither the President nor his Administration use the phrase “War Against Terror.” Secretary Janet Napolitano of the Department of Homeland Security refers to terrorist acts as “man caused disasters.” Her initial response to the failed attack was that the system worked. Yesterday President Obama referred to the attack as an “isolated incident,” and spent more time talking about Iran. None dare use the word terrorist, not even against the Fort Hood shooter.
The attacker is being treated as a criminal. Thus, he gets his Miranda rights, an attorney, and the ability to clam up.
The Bush Administration would have sent him to Gitmo, water boarded him to secure valuable information about future attacks, and then sent him before a military tribunal.
Actually they wouldn’t have, because he was arrested at Detroit Airport rather than seized overseas.
President Roosevelt would have tried him before a military commission and then had him hung. That was World War II when the Supreme Court was less squeamish.
The initial response that we are now to sit with our hands folded together on our lap during the last hour of the flight with nothing else on our lap is utterly stupid. Any bomber could easily set off the bomb in mid-flight, shortly after takeoff, or in the bathroom.
We were told years ago that suspicious activity includes buying a one way ticket for cash without checked baggage. That didn’t raise any alarm bells this time.
I can understand a Muslim flying to Detroit to see relatives in Dearborn, Michigan, which has the highest Arab population in the United States. The Dearborn Muslims though are mostly from Iraq. A Nigerian Muslim flying to Detroit should raise alarms.
He should be profiled.
Did he or did he not have a passport? Some confusion exists on that point.
I flew through Amsterdam last summer, and was impressed with the professionalism and comprehensiveness of the security.
However, no system can overcome human error, poor judgment, and complacency.
Our homeland security apparatus is still a bureaucratic nightmare, seemingly having learnt little from 9/11.
The terrorists will always be testing our security.
As for an isolated instance, let’s look at the history. Mideast terrorists have a history of hijacking and blowing up airplanes.
On December 11, 1994 Ramzi Yousef (Yes, that Ramzi Yousef) placed a bomb on Filipino Flight 434. The bomb blew up on the next leg, killing a passenger and blowing a hole in the fuselage. The plane made an emergency landing.
On January 6, 1995 a fire in a Philippines apartment drew emergency responders. They discovered advanced plans to blow up 12 airplanes over the Pacific.
Let us not forget the goofy looking Richard Reid, the shoe bomber, and Ahmed Ressam, the Millennium Bomber. Luck stopped those attacks.
Let us also not forget that the terrorists are patient and learn from their mistakes. Why we therefore revealed that the Christmas bombing failed because of a faulty detonator makes no sense. Luck stopped the attack on Delta 235.
Full body scans are better than luck.
After his arrest in Pakistan, Ramzi Yousef said about the 1993 World Trade Center Bombing “This is only the beginning.”
They only have to succeed once; we must be eternally vigilant as they continue to test our defenses and fortitude.
We cannot rely upon luck to defeat these determined, smart terrorists.
Neither can the democrats. Ever since Vietnam the American public has not trusted the Democrats on national security. The Democrats failed this small test. The next one may be truly tragic.
At least President Obama almost got it right earlier today when he called it a “catastrophic failure” and a “systemic breach.”
Of course, neither the President nor his Administration use the phrase “War Against Terror.” Secretary Janet Napolitano of the Department of Homeland Security refers to terrorist acts as “man caused disasters.” Her initial response to the failed attack was that the system worked. Yesterday President Obama referred to the attack as an “isolated incident,” and spent more time talking about Iran. None dare use the word terrorist, not even against the Fort Hood shooter.
The attacker is being treated as a criminal. Thus, he gets his Miranda rights, an attorney, and the ability to clam up.
The Bush Administration would have sent him to Gitmo, water boarded him to secure valuable information about future attacks, and then sent him before a military tribunal.
Actually they wouldn’t have, because he was arrested at Detroit Airport rather than seized overseas.
President Roosevelt would have tried him before a military commission and then had him hung. That was World War II when the Supreme Court was less squeamish.
The initial response that we are now to sit with our hands folded together on our lap during the last hour of the flight with nothing else on our lap is utterly stupid. Any bomber could easily set off the bomb in mid-flight, shortly after takeoff, or in the bathroom.
We were told years ago that suspicious activity includes buying a one way ticket for cash without checked baggage. That didn’t raise any alarm bells this time.
I can understand a Muslim flying to Detroit to see relatives in Dearborn, Michigan, which has the highest Arab population in the United States. The Dearborn Muslims though are mostly from Iraq. A Nigerian Muslim flying to Detroit should raise alarms.
He should be profiled.
Did he or did he not have a passport? Some confusion exists on that point.
I flew through Amsterdam last summer, and was impressed with the professionalism and comprehensiveness of the security.
However, no system can overcome human error, poor judgment, and complacency.
Our homeland security apparatus is still a bureaucratic nightmare, seemingly having learnt little from 9/11.
The terrorists will always be testing our security.
As for an isolated instance, let’s look at the history. Mideast terrorists have a history of hijacking and blowing up airplanes.
On December 11, 1994 Ramzi Yousef (Yes, that Ramzi Yousef) placed a bomb on Filipino Flight 434. The bomb blew up on the next leg, killing a passenger and blowing a hole in the fuselage. The plane made an emergency landing.
On January 6, 1995 a fire in a Philippines apartment drew emergency responders. They discovered advanced plans to blow up 12 airplanes over the Pacific.
Let us not forget the goofy looking Richard Reid, the shoe bomber, and Ahmed Ressam, the Millennium Bomber. Luck stopped those attacks.
Let us also not forget that the terrorists are patient and learn from their mistakes. Why we therefore revealed that the Christmas bombing failed because of a faulty detonator makes no sense. Luck stopped the attack on Delta 235.
Full body scans are better than luck.
After his arrest in Pakistan, Ramzi Yousef said about the 1993 World Trade Center Bombing “This is only the beginning.”
They only have to succeed once; we must be eternally vigilant as they continue to test our defenses and fortitude.
We cannot rely upon luck to defeat these determined, smart terrorists.
Neither can the democrats. Ever since Vietnam the American public has not trusted the Democrats on national security. The Democrats failed this small test. The next one may be truly tragic.
Monday, December 28, 2009
The Ford Outlived the Toyota
The Toyota gave out before the Ford. Would you believe the Toyota died before the Ford? What are the odds?
I bought a 1999 Toyota Camry CE almost 11 years ago. My wife bought a Ford Focus wagon two weeks later. She fell in love with it the first time she laid eyes on it.
The Focus was a problem child from the get go. It was subject to 5-6 recalls, had to have its brakes replaced within 15,000 miles, and the rear hatch often doesn’t latch. The Ford gave meaning to the sage advice: “Don’t buy an American car made on Monday, Friday, the first day of hunting season, or the first year of production.”
Ford stood for "Fix or repair daily" or "Found on road dead."
We should have known something was wrong when Jacques Nasser became President of Ford in 1989 and dropped the advertising tag line “Quality is Job One.”
The Toyota had a few warranty problems with the power windows, but it was smooth driving from then on. The Toyota was a winner. Japanese quality versus Detroit quality, or why there are 11 Toyota dealers and 4 Lexus dealers versus only 6 dealers for Chrysler Corporation in all of Orange County.
Once upon a time, in the 1950’s and early 1960’s “Made in Japan” was a pejorative.
Then came the tiny Sony transistor radio, the Honda motorcycle, and the small Toyota Corona. “Made in Japan” denotes high quality today. “Made in Detroit” has the opposite image.
Japan instituted the prestigious Deming Award in 1950 for quality. Professor W. Edwards Deming was an American expert who preached his statistical process control methods to the Japanese beginning in 1950. American businesses had no interest in his ideas until decades later.
And the American equivalent of the Deming award is ????
Congress in 1987 created the Malcolm Baldrige Award. It continues to languish in obscurity in America.
Three and a half years ago the Camry was turned over to Number I Son and the Focus to Number 2 Son. The choice was obvious. #2 Son was in Michigan and the Ford could receive TLC from its birthplace. The Toyota was rugged; it didn’t need an umbilical cord.
The Toyota died last week in beautiful, sunny California. Technically, it didn’t die; it simply developed a strange engine noise, deep inside the engine. The estimate was $2,500 to pull the engine out and diagnose the problem, plus whatever the costs were to repair it, or replace it either with a rebuilt engine or a junkyard engine. Maybe the service department didn’t want to deal with it, or was encouraged to sell a new car, but with $1,800 in the Toyota three months ago, it was time to say Sayonara to the Camry.
The Toyota was put to sleep/scrap in junkyard heaven.
And the Focus? It’s now purring in Pennsylvania.
What are the odds?
A few caveats though. First, the Toyota had 107,000 miles on it, the Focus half that, and #I Son is tough on cars. However, Toyotas are supposed to last and most of the miles were highway miles. The Focus’ miles were stop and go city driving, with the past 3 ½ years in the Frost Belt and the past 1 ½ years often on unpaved roads to construction sites.
Now we learn that Toyota has major quality control issues due to rapid overexpansion, and that Ford performs better in the J. D. Powers studies than Toyota.
What are the odds?
The tortoise can beat the hare.
I bought a 1999 Toyota Camry CE almost 11 years ago. My wife bought a Ford Focus wagon two weeks later. She fell in love with it the first time she laid eyes on it.
The Focus was a problem child from the get go. It was subject to 5-6 recalls, had to have its brakes replaced within 15,000 miles, and the rear hatch often doesn’t latch. The Ford gave meaning to the sage advice: “Don’t buy an American car made on Monday, Friday, the first day of hunting season, or the first year of production.”
Ford stood for "Fix or repair daily" or "Found on road dead."
We should have known something was wrong when Jacques Nasser became President of Ford in 1989 and dropped the advertising tag line “Quality is Job One.”
The Toyota had a few warranty problems with the power windows, but it was smooth driving from then on. The Toyota was a winner. Japanese quality versus Detroit quality, or why there are 11 Toyota dealers and 4 Lexus dealers versus only 6 dealers for Chrysler Corporation in all of Orange County.
Once upon a time, in the 1950’s and early 1960’s “Made in Japan” was a pejorative.
Then came the tiny Sony transistor radio, the Honda motorcycle, and the small Toyota Corona. “Made in Japan” denotes high quality today. “Made in Detroit” has the opposite image.
Japan instituted the prestigious Deming Award in 1950 for quality. Professor W. Edwards Deming was an American expert who preached his statistical process control methods to the Japanese beginning in 1950. American businesses had no interest in his ideas until decades later.
And the American equivalent of the Deming award is ????
Congress in 1987 created the Malcolm Baldrige Award. It continues to languish in obscurity in America.
Three and a half years ago the Camry was turned over to Number I Son and the Focus to Number 2 Son. The choice was obvious. #2 Son was in Michigan and the Ford could receive TLC from its birthplace. The Toyota was rugged; it didn’t need an umbilical cord.
The Toyota died last week in beautiful, sunny California. Technically, it didn’t die; it simply developed a strange engine noise, deep inside the engine. The estimate was $2,500 to pull the engine out and diagnose the problem, plus whatever the costs were to repair it, or replace it either with a rebuilt engine or a junkyard engine. Maybe the service department didn’t want to deal with it, or was encouraged to sell a new car, but with $1,800 in the Toyota three months ago, it was time to say Sayonara to the Camry.
The Toyota was put to sleep/scrap in junkyard heaven.
And the Focus? It’s now purring in Pennsylvania.
What are the odds?
A few caveats though. First, the Toyota had 107,000 miles on it, the Focus half that, and #I Son is tough on cars. However, Toyotas are supposed to last and most of the miles were highway miles. The Focus’ miles were stop and go city driving, with the past 3 ½ years in the Frost Belt and the past 1 ½ years often on unpaved roads to construction sites.
Now we learn that Toyota has major quality control issues due to rapid overexpansion, and that Ford performs better in the J. D. Powers studies than Toyota.
What are the odds?
The tortoise can beat the hare.
Friday, December 25, 2009
Merry Christmas to Assemblyman Anthony Adams
California Assemblyman Anthony Adams just received the biggest Christmas present of his life. The drive to recall him from office failed.
California requires a 2/3 vote for budgets approval. Eventhough the Democrats have large majorities in both houses of the California Legislature, they are three short of 2/3 in each house. Thus, they need Republican votes to pass a budget.
Six Republicans, three each from the Assembly and Senate, voted with the Democrats in February to raise taxes by $16 billion for 2 years. The income tax was raised as was the sales tax, while the car tax almost doubled.
Surly voters overwhelmingly rejected a 2 year extension of the tax increases, and elements of the Republican Party were outraged at the Governor and the “Sacramento Six” for supporting the tax increases.
Anthony Adams was elected to the Assembly in 2006. His District straddles Los Angeles and San Bernardino Counties. He had pledged in his campaigns not to raise taxes. Yet, he and the five others did.
Adams was singled out for special opprobrium, as he appeared the weakest politically of the six.
Former California Republican Chair Mike Schroeder launched a recall campaign against Adams. Schroeder had earlier successfully run two recall campaigns against Republicans who had strayed from the true path.
Success in the Anthony Adams recall would send a message to any other Republicans who might think of tax apostasy. They’ll be toast.
The afternoon talk radio hosts, John and Ken, jumped aboard the recall campaign. Rallies and fundraisers were held to dump Adams, 58,384 signatures were submitted to the Secretary of State in support of the recall. Only 35,825 signatures were needed to place the recall on the ballot.
Adams' fate looked dire. Anthony Adams is far from being a rocket scientist. So far he has failed the California bar Exam 4 times, so he had to realize his odds were slim.
However, less than half of the signatures qualified as valid. So eager were Republicans to recall Adams that they signed the recall petitions although they were not registered voters in his district. Only 24,579 signatures were estimated to be valid.
Mike Schroeder announced that they would drop the recall and concentrate on defeating him in June in the Republican primary for reelection.
Schroeder incidentally is from Orange County, and not San Bernardino County.
His reputation as an astute, power figure is rapidly shrinking, His favorite sheriff, Mike Carona of Orange County, is headed to jail, and his efforts three years ago to dump liberal Professor Erwin Chermerinsky as the founding Dean of the University of California Irvine School of Law failed miserably.
And so did the warning to Republicans against voting for tax increases!
Governor Schwarzenegger recently nominated one of the Sacramento Six, Senator Abel Maldonado, to be Lt. Governor. The Democrats in the Legislature must act soon on the nomination, which does not require a 2/3 vote.
California requires a 2/3 vote for budgets approval. Eventhough the Democrats have large majorities in both houses of the California Legislature, they are three short of 2/3 in each house. Thus, they need Republican votes to pass a budget.
Six Republicans, three each from the Assembly and Senate, voted with the Democrats in February to raise taxes by $16 billion for 2 years. The income tax was raised as was the sales tax, while the car tax almost doubled.
Surly voters overwhelmingly rejected a 2 year extension of the tax increases, and elements of the Republican Party were outraged at the Governor and the “Sacramento Six” for supporting the tax increases.
Anthony Adams was elected to the Assembly in 2006. His District straddles Los Angeles and San Bernardino Counties. He had pledged in his campaigns not to raise taxes. Yet, he and the five others did.
Adams was singled out for special opprobrium, as he appeared the weakest politically of the six.
Former California Republican Chair Mike Schroeder launched a recall campaign against Adams. Schroeder had earlier successfully run two recall campaigns against Republicans who had strayed from the true path.
Success in the Anthony Adams recall would send a message to any other Republicans who might think of tax apostasy. They’ll be toast.
The afternoon talk radio hosts, John and Ken, jumped aboard the recall campaign. Rallies and fundraisers were held to dump Adams, 58,384 signatures were submitted to the Secretary of State in support of the recall. Only 35,825 signatures were needed to place the recall on the ballot.
Adams' fate looked dire. Anthony Adams is far from being a rocket scientist. So far he has failed the California bar Exam 4 times, so he had to realize his odds were slim.
However, less than half of the signatures qualified as valid. So eager were Republicans to recall Adams that they signed the recall petitions although they were not registered voters in his district. Only 24,579 signatures were estimated to be valid.
Mike Schroeder announced that they would drop the recall and concentrate on defeating him in June in the Republican primary for reelection.
Schroeder incidentally is from Orange County, and not San Bernardino County.
His reputation as an astute, power figure is rapidly shrinking, His favorite sheriff, Mike Carona of Orange County, is headed to jail, and his efforts three years ago to dump liberal Professor Erwin Chermerinsky as the founding Dean of the University of California Irvine School of Law failed miserably.
And so did the warning to Republicans against voting for tax increases!
Governor Schwarzenegger recently nominated one of the Sacramento Six, Senator Abel Maldonado, to be Lt. Governor. The Democrats in the Legislature must act soon on the nomination, which does not require a 2/3 vote.
Thursday, December 24, 2009
Dave Bing and Mark Ridley-Thomas: A Contrast in Public Servants.
Dave Bing was elected mayor of the once great city of Detroit last year.
Mark Ridley-Thomas was elected to the Board of Supervisors of the struggling County of Los Angeles last year.
Dave Bing has no illusions about the task he faces. Detroit, once America’s fourth largest city in 1950 with almost 1,849,568 residents, has shrunk to about 900,000 today. The city has been declining for 4 decades, the catalyst being the riots of 1967. Between White flight followed by Black flight, and the decline of Detroit, the industry, the City is but a shadow of itself.
The remaining residents of Detroit are essentially dependent upon private pensions or government funds for their survival, through either employment or transfer payments.
If Detroit were part of a business, the Board of directors would liquidate it.
That is not an option for government. Neither the federal government nor the state of Michigan can walk away from Detroit.
But they can’t save it either.
The city of Detroit must reinvent itself. The entrepreneurial spirit must rise again.
Dave Bing is a realist. He understands the problems. His first goal is simply to stop the hemorrhaging, just to stabilize the budget, which shows negative revenue growth and a $325 million deficit.
The city is paralyzed by a culture of entitlement and ever rising union wages. City workers are represented by 17 unions with over 50 separate bargaining units, some with less than 100 members. Each has a president whose salary is paid by the city.
Mayor Bing is not anti-union, but he knows he must disabuse the public sector unions of their expectancy of guaranteed jobs with great benefits. A job at 90% pay is better than no job at 100%. The UAW did not make the adjustment in time.
Entrepreneurs are strangled by bureaucrats and taxes. He’s trying to find a way to cut through the red tape.
Dave Bing is not doing it for the glory. He’s already achieved one of the highest honors in basketball – being selected as one of the 50 top NBA players, having played 10 years for the Detroit Pistons.
He’s not doing it to get rich. He’s done that in the private sector. He founded Bing Steel when he left basketball, and transformed it into the successful Bing Group.
He’s doing it to give back. His goal is “to bring the city back.”
Dave Bing is a true public servant.
Symbolically, his office furniture is Spartan, and he draws no salary. He stated “there’s no money to be wasted on redecoration.”
Mark Ridley-Thomas is a career politician who’s clueless.
He has held political office since 1991, sitting on the Los Angeles City Council from 1991-2001, the California State Assembly from 2002 to 2006, the California State Senate from 2006-2008, and then jumping to the County Board last year.
His major opponent in the Board race was a fellow city councilman, former Police Chief Bernard Parks. Chief Parks has been a dedicated public servant his adult life. As Police Chief, he cleaned up, reformed, and strengthened the LAPD in the aftermath of the failures of his two predecessors. He incurred the wrath of the police union though, and the public employee unions poured millions into Ridley-Thomas' election.
So why did Ridley-Thomas jump to the County Board of Supervisors? Term limits, the powers of incumbency, and a $3 million slush fund.
The California assembly has a six year limit of three 2 year terms and the Senate eight years of two 4 year terms. The County Board of Supervisors has a 12 year limit, consisting of 3 four year terms.
Incumbents are hardly ever defeated for reelection.
Each supervisor has a $3 million annual allowance for staff and office expenses. Any part of those left over goes into a discretionary fund, which can be donated as grants to non-profits. In other words, taxpayer funds are given out as charitable contributions by the 5 supervisors in their discretion. The fund is essentially a slush fund since no supervisor dares question how another uses the monies.
Ridley-Thomas received approval for $707,000 in office renovations, which would exceed $1 million when new furniture, out of a different account, was thrown in.
One million dollars in office remodeling when the county budget is $36 million in the hole this year, and an estimated $173 million next year.
One million when the county budget dropped 2.1% from 2008-09 with 1,720 positions being cut.
One million dollars when the LA County courts have cut $140 million from the $850 million budget.
One million dollars when Los Angeles County has lost 340,000 jobs since January 2008.
Nothing is wrong with his office. It’s just that it’s in oak, and he wants cheery. He threw a walkin closet into the redesign as well as a kitchenette for the staff.
The crusade against the office renovation was led by the dynamic talk radio duo of John and Ken on KFI, ABC 7, and the Los Angeles Daily News, which called it “remodelgate.”
The funding was reversed three days ago on the motion of Supervisor Ridley-Thomas. It had become politically indefensible.
Supervisor Ridley-Thomas’ problems is not per se the office remodeling as the budget collapses. The problem is one of attitude. He does not regard the public funds as a trust for the people, but as a piggy bank to be used for the benefit of the public employees and elected officials. He is all too representative of the political class corrupted by power, Lord Acton’s power.
Public corruption is bad, but more has been lost and squandered by "public servants" who believe that the public serves their needs.
Mark Ridley-Thomas was elected to the Board of Supervisors of the struggling County of Los Angeles last year.
Dave Bing has no illusions about the task he faces. Detroit, once America’s fourth largest city in 1950 with almost 1,849,568 residents, has shrunk to about 900,000 today. The city has been declining for 4 decades, the catalyst being the riots of 1967. Between White flight followed by Black flight, and the decline of Detroit, the industry, the City is but a shadow of itself.
The remaining residents of Detroit are essentially dependent upon private pensions or government funds for their survival, through either employment or transfer payments.
If Detroit were part of a business, the Board of directors would liquidate it.
That is not an option for government. Neither the federal government nor the state of Michigan can walk away from Detroit.
But they can’t save it either.
The city of Detroit must reinvent itself. The entrepreneurial spirit must rise again.
Dave Bing is a realist. He understands the problems. His first goal is simply to stop the hemorrhaging, just to stabilize the budget, which shows negative revenue growth and a $325 million deficit.
The city is paralyzed by a culture of entitlement and ever rising union wages. City workers are represented by 17 unions with over 50 separate bargaining units, some with less than 100 members. Each has a president whose salary is paid by the city.
Mayor Bing is not anti-union, but he knows he must disabuse the public sector unions of their expectancy of guaranteed jobs with great benefits. A job at 90% pay is better than no job at 100%. The UAW did not make the adjustment in time.
Entrepreneurs are strangled by bureaucrats and taxes. He’s trying to find a way to cut through the red tape.
Dave Bing is not doing it for the glory. He’s already achieved one of the highest honors in basketball – being selected as one of the 50 top NBA players, having played 10 years for the Detroit Pistons.
He’s not doing it to get rich. He’s done that in the private sector. He founded Bing Steel when he left basketball, and transformed it into the successful Bing Group.
He’s doing it to give back. His goal is “to bring the city back.”
Dave Bing is a true public servant.
Symbolically, his office furniture is Spartan, and he draws no salary. He stated “there’s no money to be wasted on redecoration.”
Mark Ridley-Thomas is a career politician who’s clueless.
He has held political office since 1991, sitting on the Los Angeles City Council from 1991-2001, the California State Assembly from 2002 to 2006, the California State Senate from 2006-2008, and then jumping to the County Board last year.
His major opponent in the Board race was a fellow city councilman, former Police Chief Bernard Parks. Chief Parks has been a dedicated public servant his adult life. As Police Chief, he cleaned up, reformed, and strengthened the LAPD in the aftermath of the failures of his two predecessors. He incurred the wrath of the police union though, and the public employee unions poured millions into Ridley-Thomas' election.
So why did Ridley-Thomas jump to the County Board of Supervisors? Term limits, the powers of incumbency, and a $3 million slush fund.
The California assembly has a six year limit of three 2 year terms and the Senate eight years of two 4 year terms. The County Board of Supervisors has a 12 year limit, consisting of 3 four year terms.
Incumbents are hardly ever defeated for reelection.
Each supervisor has a $3 million annual allowance for staff and office expenses. Any part of those left over goes into a discretionary fund, which can be donated as grants to non-profits. In other words, taxpayer funds are given out as charitable contributions by the 5 supervisors in their discretion. The fund is essentially a slush fund since no supervisor dares question how another uses the monies.
Ridley-Thomas received approval for $707,000 in office renovations, which would exceed $1 million when new furniture, out of a different account, was thrown in.
One million dollars in office remodeling when the county budget is $36 million in the hole this year, and an estimated $173 million next year.
One million when the county budget dropped 2.1% from 2008-09 with 1,720 positions being cut.
One million dollars when the LA County courts have cut $140 million from the $850 million budget.
One million dollars when Los Angeles County has lost 340,000 jobs since January 2008.
Nothing is wrong with his office. It’s just that it’s in oak, and he wants cheery. He threw a walkin closet into the redesign as well as a kitchenette for the staff.
The crusade against the office renovation was led by the dynamic talk radio duo of John and Ken on KFI, ABC 7, and the Los Angeles Daily News, which called it “remodelgate.”
The funding was reversed three days ago on the motion of Supervisor Ridley-Thomas. It had become politically indefensible.
Supervisor Ridley-Thomas’ problems is not per se the office remodeling as the budget collapses. The problem is one of attitude. He does not regard the public funds as a trust for the people, but as a piggy bank to be used for the benefit of the public employees and elected officials. He is all too representative of the political class corrupted by power, Lord Acton’s power.
Public corruption is bad, but more has been lost and squandered by "public servants" who believe that the public serves their needs.
Monday, December 21, 2009
What is the Critical Vote that Restructures Health Care, 1/6 of the Nation's Economy, 60-40, 9,162, 3,953, 3,128, 325, or 1?
We are witnessing an historic moment in American history. The Senate is approving the health care reform package by the minimum vote margin necessary to invoke cloture and stave off a filibuster, 60-40. All 58 Democrats and two independents are voting to invoke cloture and all 40 Republicans are opposed.
Anything else than 60 Democrats and independents, and the Bill would be in trouble. We can assume that the Democrats would try to persuade Senators Olympia Snowe and Susan Collins of Maine to go along if they needed their votes. The final bill would look different than the current one to get their vote.
If the Senate majority were 55-45, the health care Reform Bill would probably either be dead on arrival in the Senate or a truly bipartisan compromise.
Let’s see how the Democrats got their margin in the Senate, supposedly as the result of landslide victories in 2006 and 2008. The landslide was actually more of a trickle than tsunami, but every vote counts.
Incumbent Republican George Allen of Virginia was comfortably in the lead for reelection in 2006, and favored as the conservative Republican going into the 2008 Presidential election. Unfortunately, he had a “Macaca” moment. He referred to S. R. Sidarth, a campaign volunteer for Jim Webb, his opponent, as a “Macaca,” a slur for persons of Indian descent in America. The Washington Post, which has strong influence in Northern Virginia, pilloried Senator Allen for his racism.
Senator Allen lost by 9,162 votes out of over 2.3 million votes cast. Senator Webb received slightly less than 50% of the vote. That’s hardly a landslide.
Republican Senator Conrad Burns of Montana also lost reelection in 2006. He suffered from chronic hoof and mouth disease, which is neither good for cattle nor politicians in Montana, and was also tarred by the Jack Abramoff scandals. He lost reelection to John Tester by 3, 128 votes. That’s hardly a landslide.
Senator Ted Stevens of Alaska lost his reelection bid in 2008 by 3,953 votes to Mark Begich. The Republican Senator with “The Bridge to Nowhere” had been indicted for corruption and then convicted on 7 counts the week before the November election.
A federal judge later threw out the convictions for prosecutorial misconduct, and the Justice Department subsequently dropped the charges.
Former Secretary of Labor Ray Donovan asked in 1987, after being acquitted of charges of collusion with the Mafia, “Which office do I go to get my reputation back?”
Which office does Senator Ted Stevens go to get his reputation back, and which office does he go to get his Senate seat back?
Senator Begich received less than 48% of the vote. That’s hardly a landslide.
And then we have Al Franken, a Harvard educated, tax dodging comedian, defeating incumbent Republican Senator Norm Coleman for reelection in Minnesota in 2008. Senator Coleman was leading on election night by 215 ballots, but then the recount and canvassing corrections gave Senator Franken a 325 vote victory out of roughly 3 million ballots cast. Senator Franken received led than 42% of the vote.
That’s hardly a landslide, but a clear victory for Acorn, which in the preceding Minnesota election, got its man, Mark Ritchie, elected Secretary of State.
Finally, we have Senator Arlen Specter of Pennsylvania switching his party registration in April 28, 2009 from Republican to Democrat. The political weather vane figured he could win the general election in Pennsylvania, but would probably lose the Republican primary to former Congressman Pat Toomey. Thus the switch.
The irony is that Senator Specter may lose the Democratic nomination to Congressman Joe Sestak, and in the current mode of Pennsylvania voters, the general election if he gets past the primary.
I feel for Senator Specter in his Last Hurrah. He’s been an independent voice on many issues, and showed great courage in fighting cancer, but now he must toe the liberal line to have a chance for reelection.
Senator Specter is hardly a landslide.
The Senate margin is 60-40, but it could just as easily be 55-45. No landslide there, but the only vote that matters now is 60-40.
Anything else than 60 Democrats and independents, and the Bill would be in trouble. We can assume that the Democrats would try to persuade Senators Olympia Snowe and Susan Collins of Maine to go along if they needed their votes. The final bill would look different than the current one to get their vote.
If the Senate majority were 55-45, the health care Reform Bill would probably either be dead on arrival in the Senate or a truly bipartisan compromise.
Let’s see how the Democrats got their margin in the Senate, supposedly as the result of landslide victories in 2006 and 2008. The landslide was actually more of a trickle than tsunami, but every vote counts.
Incumbent Republican George Allen of Virginia was comfortably in the lead for reelection in 2006, and favored as the conservative Republican going into the 2008 Presidential election. Unfortunately, he had a “Macaca” moment. He referred to S. R. Sidarth, a campaign volunteer for Jim Webb, his opponent, as a “Macaca,” a slur for persons of Indian descent in America. The Washington Post, which has strong influence in Northern Virginia, pilloried Senator Allen for his racism.
Senator Allen lost by 9,162 votes out of over 2.3 million votes cast. Senator Webb received slightly less than 50% of the vote. That’s hardly a landslide.
Republican Senator Conrad Burns of Montana also lost reelection in 2006. He suffered from chronic hoof and mouth disease, which is neither good for cattle nor politicians in Montana, and was also tarred by the Jack Abramoff scandals. He lost reelection to John Tester by 3, 128 votes. That’s hardly a landslide.
Senator Ted Stevens of Alaska lost his reelection bid in 2008 by 3,953 votes to Mark Begich. The Republican Senator with “The Bridge to Nowhere” had been indicted for corruption and then convicted on 7 counts the week before the November election.
A federal judge later threw out the convictions for prosecutorial misconduct, and the Justice Department subsequently dropped the charges.
Former Secretary of Labor Ray Donovan asked in 1987, after being acquitted of charges of collusion with the Mafia, “Which office do I go to get my reputation back?”
Which office does Senator Ted Stevens go to get his reputation back, and which office does he go to get his Senate seat back?
Senator Begich received less than 48% of the vote. That’s hardly a landslide.
And then we have Al Franken, a Harvard educated, tax dodging comedian, defeating incumbent Republican Senator Norm Coleman for reelection in Minnesota in 2008. Senator Coleman was leading on election night by 215 ballots, but then the recount and canvassing corrections gave Senator Franken a 325 vote victory out of roughly 3 million ballots cast. Senator Franken received led than 42% of the vote.
That’s hardly a landslide, but a clear victory for Acorn, which in the preceding Minnesota election, got its man, Mark Ritchie, elected Secretary of State.
Finally, we have Senator Arlen Specter of Pennsylvania switching his party registration in April 28, 2009 from Republican to Democrat. The political weather vane figured he could win the general election in Pennsylvania, but would probably lose the Republican primary to former Congressman Pat Toomey. Thus the switch.
The irony is that Senator Specter may lose the Democratic nomination to Congressman Joe Sestak, and in the current mode of Pennsylvania voters, the general election if he gets past the primary.
I feel for Senator Specter in his Last Hurrah. He’s been an independent voice on many issues, and showed great courage in fighting cancer, but now he must toe the liberal line to have a chance for reelection.
Senator Specter is hardly a landslide.
The Senate margin is 60-40, but it could just as easily be 55-45. No landslide there, but the only vote that matters now is 60-40.
Ode to Admissions
THIS WAS FIRST WRITTEN 5 1/2 YEARS AGO, BUT NEVER PUBLISHED. I THOUGHT IT TIMELY IN TERMS OF THE APPLICATION MANIA AT THIS TIME OF YEAR
Labor Day weekend; the freshman checked into his dorm. The senior year of high school is over – the campus visits, informational sessions, college fairs, SAT, SAT II and AP’s, Kaplan, Princeton Review, U.S. News & World Reports, Fiske, FAFSA’s, Pell Grants, Stafford Loans, Plus Loans, Sallie Mae, counselors, recommendations, grade inflation, applications, acceptances, rejections, surprises, disappointments and senioritis are history on this hot, humid Midwest day. Oh, but what a year it was, with many lessons for admissions staffs.
Over 110 unsolicited mailings poured in from scores of colleges, active duty military, and reserves. From postcards to impressive catalogs, jucos to Ivy League, state colleges to research universities, Pac Ten to Big Ten, party schools (they don’t say that, but we know) to solid academic institutions, and trade schools to jock schools, the mailings filled the mailbox. Even more followed applications and acceptance letters. Every school looked great, possessed solid academic credentials, had an impressive student body, beautiful campus (I once taught at a law school which managed to highlight the only tree on the temporary, asphalt strip mall location), perfect weather, distinguished professors who love to teach, low student faculty ratios, high financial aid with no mention of tuition and fees, and prominent alumni.
But mostly for naught. Only universities in the Tuition Exchange Program merited a second glance. We never loaded the AOL look alike cd-roms, which did not say: “free game enclosed”
The mailings are edificating. Universities purchase names in bulk, and then initiate the deluge without cross checking their internal data bases. One picturesque New England college, located in a historic industrial city, sent 8 separate mailings, including one labeled “It’s not too late.” It was; it was sent as bulk mail in March, and arrived in mid-April. The school emphasized its beautiful campus, sound academic programs and historic community (Think Basketball Hall of Fame). We’re in California; what do we know?
I taught at this diamond in the rough for 18 years, and married the Associate Director of Public Relations. We fled after the fabled ‘94 and ‘96 Winters from Hell.
Of course, my current employer sent three “personalized” form letters (true oxymorons), including a wonderful letter from the Dean of Letters and Sciences, even though the school does not offer engineering, my son’s express interest. I complimented the Dean on the quality of her letter. My oldest son was a graduating senior at the school, and I know the outstanding Director of Undergraduate Admissions. Forget about academic prominence when your own university doesn’t recognize you.
Worse than not cross-matching is cross-merging data bases. My Jesuit alma mater snail mailed my son, and emailed me an invitation to my freshman orientation in a “Unique Living Learning Community.” (Six and a half years of Jesuit education and I still can’t figure that one out).
Advice for Frost Belt, Rain Belt, and Flyover Country colleges is that if California teenagers have not responded after two solicitations, they will not leave the sun, surf and shades for the snow, rain, or wheat fields at your magnificent university. Save your postage.
Schools should check the message they are sending. Two religious universities promised to enter applicants into a lottery for a computer or Jeep Liberty, but unfortunately not eternal salvation. The admissions process is always a gamble, but do we want to broadcast that fact?
Mixed messages may follow the large envelope. Number one on my son’s list was a public university known for engineering. It was the first to send an acceptance, but in history – not engineering. Then came the inevitable flood of solicitous letters from the President, Provost, Dean, Chair, etc. (Trust me, you won’t see these letters again until the alumni fund raising drive.)
The Chair’s letter attached the alumni newsletter emphasizing the adverse effects of retirements and budget cuts on the history department. The school also offered no scholarship. Strike three and it fell to last on the list.
Open houses should be meaningful. Driving or flying long distances (anything over 30 minutes) for the pleasure of a bright, enthusiastic, perky, intelligent, informative, undergrad leading a 1 ½ half hour walking tour of the outside of buildings, with an occasional peek into a showplace foyer or auditorium, brings up the obvious question. What are they hiding?
Physical impressions are important. Four years ago on a similar long drive, short open house, my wife noticed a plethora of beer cans scattered throughout the dorms at a distinguished university. Do the students party that much or is the university simply frugal? (N.B. the double standard because I certainly killed too many brain cells in college).
Universities are increasingly turning to non-user friendly on-line applications. They should either invest in “College Application Programs for Dummies” or debug the programs, unless they are the first screen to weed out unworthy applicants.
In a league of its own is Washington University of St. Louis with a baker’s dozen of mailings - enough to wipe out the postal deficit. Nothing else need be said.
The process is over. Ironically he enrolled in the last place university on his original list, proving that the first shall be last and the last shall be first. It’s a large public university of national prominence, tradition, athletic successes (He immediately purchased season football tickets – so much for academic prominence- we know what really matters), and an inspirational fight song.
But why? Maybe because the open house was all day, featuring presentations from Admissions, Housing, Student Life, walking tours of the inside of its modern engineering facilities, a dorm tour and lunch, and the gift of a trinket to the wannabes – a mousepad with the group photo of the open house attendees. Or is it because it’s 2000 miles from home, and he can stick his dad with exorbitant non-resident tuition having turned down a tuition exchange offer from an outstanding university where it never snows.
Did we say the process was over? On August 1, 2004 our neighboring Cal State jump-started the 2004/2005 mailings game by sending a wonderful letter and brochure extolling the virtues of its engineering program. Early for this year, but a year late.
Labor Day weekend; the freshman checked into his dorm. The senior year of high school is over – the campus visits, informational sessions, college fairs, SAT, SAT II and AP’s, Kaplan, Princeton Review, U.S. News & World Reports, Fiske, FAFSA’s, Pell Grants, Stafford Loans, Plus Loans, Sallie Mae, counselors, recommendations, grade inflation, applications, acceptances, rejections, surprises, disappointments and senioritis are history on this hot, humid Midwest day. Oh, but what a year it was, with many lessons for admissions staffs.
Over 110 unsolicited mailings poured in from scores of colleges, active duty military, and reserves. From postcards to impressive catalogs, jucos to Ivy League, state colleges to research universities, Pac Ten to Big Ten, party schools (they don’t say that, but we know) to solid academic institutions, and trade schools to jock schools, the mailings filled the mailbox. Even more followed applications and acceptance letters. Every school looked great, possessed solid academic credentials, had an impressive student body, beautiful campus (I once taught at a law school which managed to highlight the only tree on the temporary, asphalt strip mall location), perfect weather, distinguished professors who love to teach, low student faculty ratios, high financial aid with no mention of tuition and fees, and prominent alumni.
But mostly for naught. Only universities in the Tuition Exchange Program merited a second glance. We never loaded the AOL look alike cd-roms, which did not say: “free game enclosed”
The mailings are edificating. Universities purchase names in bulk, and then initiate the deluge without cross checking their internal data bases. One picturesque New England college, located in a historic industrial city, sent 8 separate mailings, including one labeled “It’s not too late.” It was; it was sent as bulk mail in March, and arrived in mid-April. The school emphasized its beautiful campus, sound academic programs and historic community (Think Basketball Hall of Fame). We’re in California; what do we know?
I taught at this diamond in the rough for 18 years, and married the Associate Director of Public Relations. We fled after the fabled ‘94 and ‘96 Winters from Hell.
Of course, my current employer sent three “personalized” form letters (true oxymorons), including a wonderful letter from the Dean of Letters and Sciences, even though the school does not offer engineering, my son’s express interest. I complimented the Dean on the quality of her letter. My oldest son was a graduating senior at the school, and I know the outstanding Director of Undergraduate Admissions. Forget about academic prominence when your own university doesn’t recognize you.
Worse than not cross-matching is cross-merging data bases. My Jesuit alma mater snail mailed my son, and emailed me an invitation to my freshman orientation in a “Unique Living Learning Community.” (Six and a half years of Jesuit education and I still can’t figure that one out).
Advice for Frost Belt, Rain Belt, and Flyover Country colleges is that if California teenagers have not responded after two solicitations, they will not leave the sun, surf and shades for the snow, rain, or wheat fields at your magnificent university. Save your postage.
Schools should check the message they are sending. Two religious universities promised to enter applicants into a lottery for a computer or Jeep Liberty, but unfortunately not eternal salvation. The admissions process is always a gamble, but do we want to broadcast that fact?
Mixed messages may follow the large envelope. Number one on my son’s list was a public university known for engineering. It was the first to send an acceptance, but in history – not engineering. Then came the inevitable flood of solicitous letters from the President, Provost, Dean, Chair, etc. (Trust me, you won’t see these letters again until the alumni fund raising drive.)
The Chair’s letter attached the alumni newsletter emphasizing the adverse effects of retirements and budget cuts on the history department. The school also offered no scholarship. Strike three and it fell to last on the list.
Open houses should be meaningful. Driving or flying long distances (anything over 30 minutes) for the pleasure of a bright, enthusiastic, perky, intelligent, informative, undergrad leading a 1 ½ half hour walking tour of the outside of buildings, with an occasional peek into a showplace foyer or auditorium, brings up the obvious question. What are they hiding?
Physical impressions are important. Four years ago on a similar long drive, short open house, my wife noticed a plethora of beer cans scattered throughout the dorms at a distinguished university. Do the students party that much or is the university simply frugal? (N.B. the double standard because I certainly killed too many brain cells in college).
Universities are increasingly turning to non-user friendly on-line applications. They should either invest in “College Application Programs for Dummies” or debug the programs, unless they are the first screen to weed out unworthy applicants.
In a league of its own is Washington University of St. Louis with a baker’s dozen of mailings - enough to wipe out the postal deficit. Nothing else need be said.
The process is over. Ironically he enrolled in the last place university on his original list, proving that the first shall be last and the last shall be first. It’s a large public university of national prominence, tradition, athletic successes (He immediately purchased season football tickets – so much for academic prominence- we know what really matters), and an inspirational fight song.
But why? Maybe because the open house was all day, featuring presentations from Admissions, Housing, Student Life, walking tours of the inside of its modern engineering facilities, a dorm tour and lunch, and the gift of a trinket to the wannabes – a mousepad with the group photo of the open house attendees. Or is it because it’s 2000 miles from home, and he can stick his dad with exorbitant non-resident tuition having turned down a tuition exchange offer from an outstanding university where it never snows.
Did we say the process was over? On August 1, 2004 our neighboring Cal State jump-started the 2004/2005 mailings game by sending a wonderful letter and brochure extolling the virtues of its engineering program. Early for this year, but a year late.
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