Happy New Year: Watch the Dropping ....

Happy New Year: Watch the Ball Drop in Times Square Parades, fireworks, bowl games, drunk drivers ring in the new year, but the ball drop in New York’s Times square has become a national heritage. It has engendered scores of competitors. Anyone can copycat a dropping ball, so let’s look at other New Year’s droppings, many of which are replicas of living creatures: Acorn in Raleigh, North Carolina Red aoole in Manhattan, Kansas Beach ball in Ocean City, Maryland Beaver in Beavertown, Pennsylvania Stick of bologna in Lebanon, Pennsylvania Buzzards in Perry, Georgia Cannonball in Cornwall, Pennsylvania Carp in Prairie du Chien, Wisconsin Cheery in Traverse Coty, Michigan Cheese wedge for the cheeseheads in Plymouth, Wisconsin Chicken in Delta, Ohio Counch shells and drag queens in high heels in Key West, Florida Cow in Blair, Pennsylvania 6’ cowboy boot in Prescott, Arizona Crayola in Easton, Pennsylvania Disco ball in Baltimore, Maryland Do-nuts in Hagerstown, Maryland Giant Peach in Atlanta Duck decoy in Havre de Grace, Maryland Gibson Guitar in Niagara Falls Electronic Moon Pie in Mobile, Alabama Flea in Eastover, North Carolina Flying pig in Cincinnati, Ohio Hershey Kiss in Hershey, Pennsylvania Hog in Fayetteville, Arkansas Little red apple in Cornelia, Georgia Marshmallow peep drop in Bethlehem, Pennsylvania Muskrat in Princess Anne, Maryland Olive in Bartlesville, Oklahoma Orange in Miami Pelican in Pensacola, Florida Pickle at the Mount Olive Pickle Plant in Mt. Olive, North Carolina Pickle in Dillsburg, Pennsylvania Pinecone in Flagstaff, Arizona Pineapple in Sarasota, Florida Possum drop in Brasstown, North Carolina $10,000 potato in Boise, Idaho Sardine in Eastport, Maine Sausage in Elmore, Ohio Sprint car in Port Royal, Pennsylvania Strawberry in Harrisburg, Pennsylvania Watermelon ball in Vincennes, Indiana Walleye fish in Port Clinton, Ohio Wrench in Mechanicsburg, Pennsylvania An orange in Orange County, California. I’ve lived in the O.C. for almost 17 years and never knew it. Which would you rather watch at 12:01AM: one of these celebrations or drunks falling down? Drive safely

Mexico's PEMEX Revolution

A revolution is unfolding south of the border before our eyes, and we don't see it. The drug cartels killings command the media's attention, but Mexico is undergoing a peaceful revolution. It is opening up its energy industries to foreign investment. Mexico had three revolutions in the Twentieth Century, one violent, one economic, and one political. The first was the Mexican Revolution from about 1910 to 1920. Names like Pancho Villa and Zapata become famous to Americans. Political power at the end of the revolution was consolidated in the Institutional Revolutionary Party (PRI), which governed Mexico for 71 years. The second revolution occurred in 1938 when the government nationalized the petroleum industry into Petroleos Mexicanos, commonly known as PEMEX. The PEMEX monopoly was enshrined in the Mexican Constitution. The political revolution was in 2000, when Vicente Fox of the National Action Party (PAN) was elected president. PRI survived as a political party at the legislative and state level, and regained its Presidency in 2012, but Mexico is a more Democratic country now. The purpose of PEMEX evolved over the decades to be the financier of the Mexican government, contributing 40% of the nation’s public spending, as well as becoming over-staffed with excess employees. 60% of its $80.6 billion in revenues are paid out in royalties and taxes. It practices patronage on a large scale with corruption being widely believed. PEMEX is currently the 9th largest oil producer in the world, but its inefficiency and monopolistic practices are catching up to it and the country. Its production has fallen 25% since 2004. Mexico has to import natural gas from Texas to supply its businesses and consumers. The petroleum reserves recoverable by PEMEX are also shrinking because the government monopoly lacks the capital, expertise, equipment and resources to develop the offshore, deepwater Gulf resources and the shale oil reserves. The declining PEMEX is threatening the financial stability of the Mexican government. It needs more production and revenue from the country’s natural resources, especially oil, but PEMEX was threatening to go the way of Venezuela’s nationalized oil industry. The revolutionary response of PRI and PAN at the end of 2013 was to open up oil production to foreign companies. They will be able to retain some of the oil they produce. An estimated 128.7 billion barrels are recoverable with foreign investment. Current production is down to 2.5 million barrels/day. Estimates are that production could rise to 4 million barrels/day by 2025. If Mexico can substantially ramp up production, then North America (Canada, Mexico, and the United States) will become the largest oil producing region in the world. The Mexican left is apoplectic. PEMEX is part of Mexico’s national DNA. The leftist Democratic Revolution Party (PRD) is mounting for 2015 Mexico’s first national referendum to reverse the action while crying out “Treason.” It tried, but failed, though to organize large public demonstrations against the revolutionary act. The future of Mexico, a revolutionary future, is at issue.

ObamaCare Deadlines

The Deadlines of ObamaCare September – Insurance companies cancel personal health insurance policies October 1, 2013 Signups begin October 1, 2013 Federal Exchange crashes December 22-23, 2013 President Obama’s staff signs him up for the budget Bronze Plan, but excludes his wife and children. He and they are actually covered by the military December 23, 2013 Signups mandatory for January 1, 2014 coverage December 24, 2013 New deadline for January 1 coverage January 1, 2013 Extended new deadline for January 1, 2014 coverage January 1, 2014 The tax on health insurance premiums is imposed January 1 – 15 Deadlines for various state exchanges January 6, 2014 California, Rhode Island January 7, 2014 Vermont January 10, 2014 Colorado, Connecticut, Hawaii, Massachusetts, Minnesota, New York January 10, January 15 Idaho (depends on insurer) January 15, 2014 Maryland, Oregon, Washington January 10, 2014 Revised deadline to pay first premium January 31, 2014 Loss of pharmacy coverage for many March 31, 2014 Last day to enroll to avoid paying a penalty (for now) Last Half of 2014 Many employers start cancelling Employer Health Insurance Plans November 4, 2014 Mid-term Congressional Elections November 15, 2014 Open enrollment for 2015 January 1, 2015 Postponed Employer Mandate kicks in (for now) December 20, 2013 – January 6, 2014 President Obama’s 17 day vacation in Hawaii January 1, 2018 40% excise tax imposed on “Cadillac” health insurance plans

Say Goodbye to 2013. Say Goodbye to:

Say Goodbye to: Our medical system as we knew it. It was shattered by ObamaCare and will never be the same again. Say goodbye to your insurance, doctor, hospital, prescriptions, and low deductibles and co-pays in 2014, if not in 2013 Extended Unemployment Benefits (?) Wind Energy Subsidies (?) Boston’s Mayor Menino Candlestick Park (1960-2013). The stadium never should have been built in the first instance, but Charles Harney had undue pull with City Hall. The Astrodome (1966-2013). The demolition process has begun to what was once the eighth wonder of the world. Hollywood Park (1938-2013). 232 acres of prime real estate will now be developed. The Genesee Towers in Flint, Michigan Mr. Stox in Anaheim, again Blockbuster Loehman’s Chicago’s Lincoln Restaurant The Little Rock Peabody Parading Ducks McDonald’s employee website, McResource, the last issue prepared by an outside company recommended going easy on junk food, such as hamburgers, fries and a soda. A previous issue gave recommendations on tipping, especially apropos for employees earning the minimum wage. Alabama’s Threepeat Michigan’s unbelievable 7-6 season. Maybe Al Borges will be canned; he should be. Incandescent light bulbs The iconic VW Van, discontinued in Brazil, but still available from Lego Blackberry Blockbuster Question for 2014 Which retailer will fold first? Barnes & Noble J. C. Penney’s Radio Shack Sears, Roebuck & Co., where America used to shop Talbots

Guiding Principles to Live By: Wisdom I Have Accumulated Over the Decades

Guiding Principles to Live By: Wisdom I Have Accumulated Over the Decades Over 6 ½ decades, including 41 ½ years teaching law, have taught me many lessons in life First, family and health come first You can never make up the time you didn’t spend with your children Your spouse is your partner in life; your children your legacy Give back Leaders lead, not follow Never forget your roots Dreams can come true, but only if you pursue them Illegitimi non Carborundum Pick your battles carefully Be nice to those you pass on the way up because you may see them again on the way down Keep debates civil; do not demonize your opponents If you prevail, leave your opponents with respect and dignity; you may need to work with them in the future Be a gracious loser; learn from your mistakes You often learn more from your setbacks than successes “Doubters do not achieve Skeptics do not contribute Cynics do not create” President Calvin Coolidge (I believe) Don’t let the minor frustrations get you down Don’t let your emotions cloud your judgment Alcohol and drugs cloud judgment Always be true to yourself You cannot satisfy everyone, so do the right thing When one door closes, another opens Accept rejection by thinking “It’s their loss, not yours.” Always have a Plan B There is always a Plan B If not Plan B, then look for Plan C No one is unexpendable If you’re a lawyer, get your fee in advance Trust everyone until you have no reason to trust them again “Ye may forgive, but never forget.” Professor Jorge Carro “Trust, but verify” President Reagan Make the best decision you can at the time. If it doesn’t work out, it’s a learning experience All of life is a learning experience You learn a lot from listening, but nothing from talking You can’t take the path not taken Always be prepared You make your luck in life Keep your eyes and ears open for opportunities God helps those who help themselves You can’t always win, but always do your best Keep your eyes set on the goal, but the means remain flexible Always be flexible The future will not work out as planned Someone will always be smarter, prettier or handsomer, or wealthier than you, or charismatic, but just do your best You cannot control that which you cannot control Patience is truly a virtue Do favors for others because it is the right thing to do – not because you expect something in return When you try to build yourself up by belittling others, you simply belittle yourself What goes around, comes around If you are a pessimist, it is always cloudy Pleasant personalities succeed more than dour ones in life A warm smile goes a long way O’Toole’s Commentary on Murphy’s Law: “Murphy was an optimist.” Do not rely on first impressions Neither the boss or customer is always right The cheapest alternative is often just that MapQuest and Wikipedia are often wrong A good reputation, once lost, is hard to regain You will not know who your true friends are in life until you need them You cannot eat at 67 as you did at 17 or 67 Most of all: Go where your life leads you; life is an incredible journey

Duck, Duck, Duck Dynasty: The Culture War

I wasn’t going to write about Duck Dynasty, Duck Commander, whatever. I have never seen the show nor intend to do so. I disagree vehemently with Phil Robertson’s views on gays. I support gay marriage as long as it is done by the legislature or referendum, but not through judicial legislation. Let the A & E/Duck Dynastic play out as it will. A & E has a right to cancel the show or suspend a star, or it doesn’t. It all depends on the contract to which we are not privy. Undoubtedly A & E and the Robertson Clan are consulting with their lawyers. Phil Robertson has a constitutional right of free speech and freedom of religion, but that does not apply in the private marketplace. People are free to watch the show or not. If they dislike it, then they can stop watching the show and purchasing the merchandise. They can stop watching A & E’s most popular, and presumably profitable, show if they wish. The market could determine the outcome. The outcome is simple. A & E needs the Robertsons more than they need A & E. Would it were that simple. In the few days since A & E “suspended indefinitely” Phil Robertson, Cracker Barrel Family Restaurants proved it can out stupid A & E. The restaurant chain, mostly in Red America, dumped all of its sizable Duck Commander merchandise in protest of the Robertson statement. Cracker Barrel forgot its market. It rescinded the act two days later in response to a flood of complaints by its customers: “Our intent was to avoid offending, but that is what we have done.” Cracker Barrel is still trying to redeem itself after a series of disclosures and lawsuits in the 1990’s revealing its homophobic and racist attitudes to employees and customers. It has been seeking religion ever since. Dan Cathy, President and CEO of Chick-fil-A made clear his religious opposition to gay marriage and financial support for traditional marriage. A backlash quickly ensued, but was then followed by a backlash against the backlash on August 1, 2012. Chick-fil-A supporters mobbed the restaurants, driving up daily sales by an estimated 29%. The Food Network, retailers and her publisher were quick to dump Paula Deen after revelation in a deposition that she had used the “N” word. Retailers, such as Cabela’s, Target, and Walmart are sticking by the Robertsons. They sell. Duck Commander sales at Walmart have risen. Paula Deen’s popularity was dropping precipitously prior to the disclosure. Charlie Sheen, the virtuous Charlie Sheen, the Charlie Sheen known to never duck a controversy, threatened Robertson: “You are now in the crosshairs of a MacSheen style media meltdown.” Sarah Palin came to the defense of Phil Robertson, as did Governor Jindal and Lt. Governor Dardanne of Louisiana. The Lieutenant Governor offered to help the Robertsons find a new network if necessary. They understand the economic value and tourism to Louisiana of the Duck Dynasty success. I have been in Monroe and West Monroe, Louisiana. They can use the tourist dollars flowing into West Monroe. The biggest claim to fame before the Robertsons is a plaque on the wall of the Monroe Airport signifying that Monroe was the birthplace of Delta Airlines. The hypocrisy of A & E exceeds the usual level in Hollywood. A & E has long known of the religious views of the Robertson Clan and that Phil Robertson was quick t express them in public. They were blinded by the green Duck Dynasty brought into the corporate coffers. They had a PR person with Phil Robertson during the GQ interview to prevent any inflammatory statement. Yet, the PR person ducked when Robertson and the interviewer left on bikes. That’s when the offensive statements were made. A & E is so outraged that its release stated “We are extremely disappointed to have read Phil Robertson’s statements in GQ.” Yes, A & E is so outraged that it is running, as I write, a Duck Dynasty Marathon, which I am not watching. A & E is so outraged that it banned Phil Robertson indefinitely, but the first 9 of next season’s 10 episodes have been filmed. The only one left to film is the last one. A & E, if it were truly indignant, would have tanked the series. It hasn’t. It needs the money. The rest of the Robertson Clan have threatened to quit the series if Phil is not part of it. A & E is muttering contractual rights, but dares not litigate the issue. The Robertsons have the leverage. All this is interesting, but digresses from my major thesis. The Duck Dynasty is another example of our on-going culture wars. The elites view the Robertsons, Cathys and Paula Deens as unsophisticated rednecks, rubes, hayseeds, hicks, boobs, Bubbas and bigots. Born again Christians, evangelicals, and fundamentalists are viewed with disdain by the arrogant elite on both coasts, who look down upon Flyover Country. They fail to recognize the decline of the liberal Mainline Protestant Churches and the rise of the Evangelical and Fundamentalist Churches. Phil Robertson believes in a literal translation of the New Testament. The cultural elites view the Bible as they do the Constitution, as a malleable instrument to be interpreted as they wish to promote their visions of social justice. The word of Man trumps the Word of the Lord. Justice Ginsburg publicly questioned the United States Constitution and asked Egypt to look elsewhere for a model. President Obama has expressed his disdain for the Constitution and has certainly been ignoring it. They view the values on which this country was founded as fundamentally flawed. Any glint of religion must be stripped out of our values pursuant to their concept of the separation of Church and State. The elites have their Ivy degrees compared to the uneducated or public university grads of red America, or so they believe.

Save an Owl; Kill a Owl: The Northern Spotted Owl Strikes Again

The Northern Spotted Owl is claiming yet another victim: the Barred Owl The Northern Spotted Owl was listed as an endangered species in 1990. The population was down to 5,000 nesting pairs in Washington, Oregon, and Northern California. It also exists in Canada. The owl’s listing ran into conflict with the logging industry in the Pacific Northwest. Modern America was built on roughly 350 years of development, resource exploitation, and Manifest Destiny. The American Spirit was development for the sake of development. Laissez faire – the Government should help, but otherwise stay out of the way. Trees, trees to be harvested, became one of America’s valuable resources virtually from the beginning of colonization (Check out Eric Rutkow, American Canopy). (For my historical perspective on the development of America, my Akron Law Review article, “Looking Back to the Future: The Curmudgeon’s Guide to the Future of Environmental La,” is available on ssrn.com, abstract #2351605). April 17, 1970, the first Earth Day, signaled a change in paradigms. The quality of life became as important as the quantity of life. One longstanding fight was over the future of the nation’s forest reserves. Will we continue to harvest the trees, or will we enjoy the natural beauty, ecological and recreational value of the forests? The Wilderness Act of 1964 was enacted to ensure large timber tracts would remain “wilderness,” unchanged by humans. About 109.5 million acres are currently protected as “wilderness.” The history of the timber industry was to deplete the forests, starting in New England, and then the Midwest, followed by a move to the Pacific Northwest, and now the Southeast. “Strip, cut, and out” was often the attitude, with “clear cutting” becoming a common practice. The Wilderness designation, and thus protections, did not apply to the remaining federally owned timberlands controlled by the National Park Service, National Forest Service, and the Bureau of Land Management. About 1/3 of the nation’s land is classified as “forest.” The Northern Spotted Owl became a surrogate in the Pacific Northwest for the paradigm change. The owl, as an endangered species, became the legal basis to shut down up to 90% of the logging on federal lands. Each Northern Spotted Owl needs about 3,000 acres of old growth timber, mostly Douglas Fir trees, as critical habitat because of its somewhat limited appetitive and hard to spot food supply, especially flying squirrels, wood rats, red tree voles, mice and other small rodents. A nesting pair needs 6,000 acres of critical habitat of old growth timber for their survival. The owls rely upon the canopy of the large trees for their life style. 6.9 million acres were set aside by the federal government as critical habitat for the Northern Spotted Owl. About 135 mills shut down. The restrictions on timber production were very controversial in the Pacific Northwest, especially in the logging communities of Oregon and Washington. Graffiti on a bathroom wall of a bar in Forks, Washington said “If two hippies can make love in a Volkswagen Beetle, then why do two owls need 6,000 acres?” A popular bumper sticker said “Kill a spotted owl, save a logger.” The Northern Spotted Owl was saved, or so the lawyers thought, but the timber industry was not. About 135 mills shut down and employment plunged, especially in the rural areas of Oregon and Washington. The Northern Spotted Owl was not saved. It could legally defeat the old timber industry, but fell prey to the immigrating Barred Owl. The Barred Owl started migrating west in the 1950’s from the east. It reached the Pacific Northwest, which was bad news for its relative, the Northern Spotted Owl. The invasive Barred Owl is larger than the Northern Spotted Owl, more aggressive, and has a wider palate. Barred Owls are known to kill male spotted owls and mate with the females. The Northern Spotted Owl population has dropped 40% in 25 years. The precipitous drop can no longer be blamed on logging. The Barred Owl is the prime suspect. The Northern Spotted Owl is on the Endangered List. The Barred Owl is not. The solution for the United States Fish & Wildlife Service is to start killing Barred Owls. It plans to spend $3.5 million over the next 6 years to remove 3,600 Barred Owls from California, Oregon and Washington. It started a few days ago with the shotgun shooting of 26 Barred Owls in a study area on the Hoopa Valley Indian reservation near Arcata, California. The spread of species is a natural process. Evolution says species have to adapt to changing environs or they will perish. The United States is now interfering with nature to preserve the status quo, which is unsustainable over time. It is playing favorites with species in nature, based on legal classifications, which are not related to the laws of nature. Do you remember Star Trek? The Prime Directive in Star Fleet was not to interfere with the internal development of alien civilizations. The United States is now playing God with owls.