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Doing poorly be doing good

There’s an old saw that hard cases make bad law. The Second Circuit has just proven that sometimes easy cases make bad law. A hot shot law firm from New York City asked for an exorbitant fee in a Voting Rights case, and the court properly reduced the fee. It then went on to rather gratuitously state that in determining a proper award of attorneys fees, other considerations than time reasonably spent to win the case might be considered

It ruled that there are cases in which lawyers may be paid not in dollars but in what it called “non-monetary returns.” Those include, the court said, “experience, reputation or achievement of the attorneys’ own interests and agendas.”

In other words, if you get a warm and fuzzy feeling out of handling a case, that’s reward enough, or at least part reward enough, so why get filthy lucre too? This may seem like a novel way of looking at the issue, but it’s not really that original. I remember when I was working at legal services there was an attitude among some of our funders that we should be content with low salaries because we had the advantage of doing good. The flip side, I guess, is that people who represent the scum (particularly corporate scum) of the earth deserve the big bucks because of the psychic pain all that harm they’re doing is causing them. Maybe, when those folks seek fee awards, they should get extra.
For the most part, the cases we’re talking about involve matters in which the lawyer doesn’t get paid at all if he or she loses. Since a person who has a practice like that is likely to lose a fair number of their cases their real hourly rate has to take into account all the hours for which they don’t get paid.

It’s getting harder and harder for small firms and public interest firms to attract good talent, in large part because law school graduates have crushing debt that they have to retire after they graduate. This kind of thinking just makes it harder for the public interest firms to compete. The last time I looked, you can’t repay loans with warm feelings.

Bike Blogging

Yesterday I started a bike ride in North Stonington and headed up Wyassup Road. To any of my readers who are bikers: Avoid Wyassup Road. It’s nice country but the road surface is extremely rough. It’s a bit like running through mud. It’s also rather depressing, since you can see that what was recently farm country is rapidly being suburbanized with those dreadful McMansions.

I’m a bit of a sucker for animal pictures, being a city boy. I thought this horse was nicely color coordinated with the background.

Memorial Day musings

This is Memorial Day weekend, the holiday on which, in theory anyway, we pause to remember the sacrifices made by our men and women in uniform. It behooves us also to consider what they are being asked to sacrifice for, and whether they or anyone else can claim that those sacrifices are for noble goals like freedom, liberty or democracy. I’ve said before that the most important issue facing this country is one we never talk about: Empire. Since World War II America has been ineluctably sucked toward Empire. Whether those leading us have realized what they were doing is more or less besides the point. Empire is inconsistent with Democracy and inconsistent with freedom. It is also, at least as we practice it, inconsistent with the long term survival of the nation. We are literally bankrupting ourselves in pursuit of a world hegemony that we refuse to admit we are seeking. It may be impossible to reverse course at this point, but we certainly never will if we remain willfully blind to what we are doing to ourselves, not to mention what we are doing to the rest of the world.

There’s a thoughtful article on this issue in the most recent New York Review of Books (Bush’s Amazing Achievement). The achievement?

One of the few foreign policy achievements of the Bush administration has been the creation of a near consensus among those who study international affairs, a shared view that stretches, however improbably, from Noam Chomsky to Brent Scowcroft, from the antiwar protesters on the streets of San Francisco to the well-upholstered office of former secretary of state James Baker. This new consensus holds that the 2003 invasion of Iraq was a calamity, that the presidency of George W. Bush has reduced America’s standing in the world and made the United States less, not more, secure, leaving its enemies emboldened and its friends alienated. Paid-up members of the nation’s foreign policy establishment, those who have held some of the most senior offices in the land, speak in a language once confined to the T-shirts of placard-wielding demonstrators. They rail against deception and dishonesty, imperialism and corruption. The only dispute between them is over the size and depth of the hole into which Bush has led the country he pledged to serve.

The article consists of a review of three books, Nemesis: The Last Days of the American Republic, by Chalmers Johnson, Second Chance: Three Presidents and the Crisis of American Superpower, by Zbigniew Brzezinski, and Statecraft and How to Restore America’s Standing in the World, by Dennis Ross.

The great thing about the New York Review of Books is that the reviews themselves often stand by themselves as excellent summaries of the subject matter of the books reviewed. Often, the reviewers make only glancing references to the books reviewed. This article is particularly good. The reviewer, Jonathan Freedland, obviously has a lot of sympathy with the views of Chalmers Johnson, who argues that we have a choice between a Republic and an Empire:

Over any fairly lengthy period of time, successful imperialism requires that a domestic republic or a domestic democracy change into a domestic tyranny…. The United States today, like the Roman Republic in the first century BC, is threatened by an out-of-control military-industrial complex and a huge secret government controlled exclusively by the president. After the attacks of September 11, 2001, cynical and short-sighted political leaders of the United States began to enlarge the powers of the president at the expense of the elected representatives of the people and the courts.

The public went along, accepting the excuse that a little tyranny was necessary to protect the population. But, as Benjamin Franklin wrote in 1759, “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”

Our military has become a tool of Empire. We have bases in a majority of countries on the planet, and woe to any country that asks us to leave. In exchange for campaign contributions or short term political advantage, our politicians feed the ravenous maw of the defense industry, building ever more, and often useless, weapons (including, let’s be honest, submarines). For those of us at home, or the majority anyway, nothing is gained by our surrender of our liberties. We are not safer. We spend ever increasing amounts of our national treasure on sustaining and growing our Empire, while only a few corporations and money men (e.g., the Carlyle Group, in which Bush, Sr. has an interest). The empire rots in the center as it expands outward. You can argue about whether the devolution toward Empire is a historical inevitability, but whatever position you take on that score you can’t deny that the Bush Administration has taken advantage of events to hasten the process toward both empire and dictatorship. As with the Romans, the process is reflected in the Senate, which has surrendered its prerogatives to a budding dictator. At least the Romans lost their liberties to first rate men; we Americans have surrendered ours to a bunch of incompetent chickenhawks and their third rate front man. The Roman Empire lasted 500 years, ours is crumbling while we build it.

Freedland, channeling Johnson, summarizes our choices:

Necessarily, it is Johnson, who has diagnosed a more radical problem, who has to come up with a more radical solution. He cannot merely call for greater powers for Congress, because by his own lights, “the legislative branch of our government is broken,” reduced to the supine creature of large corporations, the defense contractors first among them. Instead, he urges a surge in direct democracy, “a grassroots movement to abolish the CIA, break the hold of the military-industrial com-plex, and establish public financing of elections”—but he has the grace to recognize how unlikely such a development is.

So he is left offering not an eleven- or twelve-step program, but rather a historical choice. Either the United States can follow the lead of the Romans, who chose to keep their empire and so lost their republic. Or “we could, like the British Empire after World War II, keep our democracy by giving up our empire.” That choice was neither smooth nor executed heroically, but it was the right one. Now much of the world watches the offspring of that empire, nearly two and a half centuries later—hoping it makes the same choice, and trembling at the prospect that it might not.

Between this Memorial Day and the next we will probably notch more than a thousand more dead military personnel, and who knows how many dead Iraqis. Today we can most honor those who have died already by seriously questioning why our soldiers are being asked to kill and be killed.

Obama slams McCain and Romney

This is all over the internets, but it’s good, and should be spread around. Democrats fighting back.

[youtube]http://www.youtube.com/watch?v=NbParxfzXpk[/youtube]

Olbermann

[youtube]http://www.youtube.com/watch?v=f5QkxSIrPtw[/youtube]

Investigative Failures

I’ve said before that the Congressional committees should hand their investigations over to people who know what they’re doing. We got a lot of juicy tidbits from Monica yesterday, but the fact is that they didn’t lay a glove on Rove or the crime syndicate that runs this country. Kevin drum makes the point today:

Goodling looked up the political contribution history of applicants for career civil service positions? That’s interesting, isn’t it? I wonder if anyone else did that. Seems like this is something that deserved some followup.

Which it didn’t get, of course. I know that politicians are in love with their own voices, but it never ceases to amaze me that they insist on questioning witnesses like Goodling themselves. For starters, most of them are no good at it. For finishers, Perry Mason himself would have a hard time making headway if he were limited to five-minute bursts. Instead, why not block off a couple of hours and hand off the questioning to a tough, well-briefed staffer who knows how to cross examine a hostile witness? Then sit back and watch the show.

Greg Palast reveals something that went right over their heads:

This Monica revealed something hotter — much hotter — than a stained blue dress. In her opening testimony yesterday before the House Judiciary Committee, Monica Goodling, the blonde-ling underling to Attorney General Alberto Gonzales and Department of Justice Liaison to the White House, dropped The Big One….And the Committee members didn’t even know it.

Goodling testified that Gonzales’ Chief of Staff, Kyle Sampson, perjured himself, lying to the committee in earlier testimony. The lie: Sampson denied Monica had told him about Tim Griffin’s “involvement in ‘caging’ voters” in 2004.

Huh?? Tim Griffin? “Caging”???

The perplexed committee members hadn’t a clue — and asked no substantive questions about it thereafter. Karl Rove is still smiling. If the members had gotten the clue, and asked the right questions, they would have found “the keys to the kingdom,” they thought they were looking for. They dangled right in front of their perplexed faces.

The keys: the missing emails — and missing link — that could send Griffin and his boss, Rove, to the slammer for a long, long time.

Read the whole story. As Palast points out, at bottom the U.S. Attorney scandal is all about stealing elections. Monica hung one right out there for them and no one took a swing.

Joe Courtney to vote against funding Bush’s eternal war

Congratulations to Joe Courtney for holding firm on the Iraq Funding Bill:

Congressman Joe Courtney announced today that he will vote against the Iraq war supplemental spending bill because it does not go far enough in changing the direction of President George Bush’s wayward policy in Iraq. Congressman Courtney released the following statement in advance of his vote:

“I am confident that my vote today will be the right vote for eastern Connecticut and for our nation. The families of the Second Congressional District asked me to serve as their voice in Congress– and today I will be speaking on their behalf with my ‘no’ vote.”

“For four arduous years, President Bush has championed the same tired rhetoric in defense of his failed war policy. However, the President’s years at the helm of an obedient Congress are over. In coming months, I look forward to supporting a responsible and measured redeployment of our troops from Iraq.”

“I support America’s troops, and I find it unconscionable that the President would ask Congress to approve his plan to send troops into a war zone without the proper training or required rest between tours. The prior funding plans, which I supported, included this critical stipulation. I will continue to push back against a White House that refuses to listen to the American people and address the needs of our soldiers.”

Some of us were holding our breath on this one. Now we can exhale. It’s a vote he won’t regret.

Unfair and balanced

As just about everyone knows, the man who exercises the powers of the presidency was in New London yesterday, attempting to inject another shot of fear into the body politic. There were a lot of demonstrators on hand, and this morning my wife and I were treated to what passes for editorial “fairness and balance” these days.

Let us pause, just briefly, and recall the indifference shown by the press to those who demonstrated against the 2000 stolen election and the incipient war in 2003.

All that has changed. In this morning’s Day we see that each side was represented in New London. There was a fairly massive demonstration against the war, covered here, and a very tiny contingent of war supporters, equally covered here. The latter appears to consist of people who haunted VFW halls during the Vietnam war and still can’t get past Jane Fonda.

If you look hard enough you will see, in the caption under one picture, that “Opponents of the Administration and the War outnumbered administration supporters by a wide margin”. Nonetheless, in order to be fair, the Day feels compelled to give them equal coverage. In fact, if you count the pictures, there is one more picture of the war supporters than of the war opponents (1 picture must be characterized as neutral). The balance, or inbalance, extends to the web, where the article about the war supporters is rather prominently displayed on the front page, while the article about the opponents is relatively hard to find.

Imagine the reverse, a large demonstration in favor of Bush and his policies, with a small contingent of anti-Bush folks. Any chance they’d get equal coverage? We know the answer to that-there were millions of us before the war and no one paid the slightest attention. Massive demonstrations never made the papers.

This from a paper that has editorialized against the war. It’s a shame that, with the recent retirements, the Day has not lost its reflexive compulsion to cater to the right, in order, by showing right wing bias, to disprove the allegations of left wing bias. The charges will continue nonetheless, and the Day will break its spine bending backwards to please. It is quite obvious that an editorial decision was made to give both sides equal coverage, despite the reality on the ground. In this way our media legitimates the marginal, in the same way they legitimate the global warming deniers by giving the kooky 1% as much space as the rational 99 in every article on global warming.

Doublespeak in Orwell’s backyard

Sometimes it’s nice to know that there are people in other countries almost as looney as us. Here in the United States we specialize in legislating about science. If we don’t like the fact that we descended from apes, we try to solve the problem by passing a law that says that God did it.

In England, Darwin is safe for the moment, but the English language itself is under assault. McDonalds’ English Division is trying to force the Oxford English Dictionary to change the definition of a word. In true Orwellian fashion, the corporation is looking to re-define a word into its opposite. You know, love is hate, war is peace, and a McJob is a high paying, exciting job with great prospects for advancement:

The Oxford English Dictionary currently describes a McJob as “an unstimulating low-paid job with few prospects”.

McDonald’s says this definition is now “out of date and insulting”, and claims a survey found that 69% of the UK population agree it needs updating.

“The current definition is extremely insulting to the 67,000 people who work for us within the UK,” said McDonald’s senior vice president David Fairhurst.

“It is time for us now to make a stand and get the Oxford English Dictionary to change the definition.”

Wouldn’t you love to know how they worded that poll? I actually heard about this some time ago, and assumed that McDonald’s would back off in the face of the initial derisory reaction. Apparently not.

Maybe McDonald’s is onto something here. Maybe we can solve a lot of our problems by changing the meaning of even more words by legislative fiat. Take a term that is offensive to an identifiable racial, religious or ethnic group. By simply redefining it to mean something else, we can spare the members of that group further pain. With the stroke of a legislative pen, we can decree that they should enjoy being called-well, pick your word. I’m not using them until the legislation is signed.

Joe Courtney to hold town meeting in Norwich

Joe Courtney will be holding his first town meeting style forum in Norwich on Monday, June 4th. Only it won’t be at the town hall. It will be at the newly renovated Otis Library ( 261 Main Street) from 6:30 PM until 8:00 PM. Parking is available in the parking lot behind the library as well as on Main Street. For more information, you can contact John Hollay at (860) 741-6011.

I work in Norwich and have gone to the new library several times. I can keep in touch with my office via wireless internet but avoid getting phone calls so I can get some work done. They did a great job on the renovations, so if you haven’t seen it yet that’s one more reason to go see Joe on the 4th.