Dagger in hand

A man of prodigious fortune, coming to add his opinion to some light discussion that was going on casually at his table, began precisely thus: "It can only be a liar or an ignoramus who will say otherwise than," and so on. Pursue that philosophical point, dagger in hand.

--Michel de Montaigne, Of the art of discussion.



Stab back: cmnewman99-at-yahoo.com


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Saturday, October 22, 2005
 
A Firefly/Serenity question.

Yes, I'm a fan. Not to the point where I'm spending large amounts of time and money to become a volunteer member of Universal's marketing arm mind you, but a fan nonetheless. I do have this nagging question, though.

Why don't the Reavers rape and kill each other until there's none (or, I suppose, only one) left? If they're that crazy aggressive, how can they even cooperate with each other enough to keep spaceships flying, plan sophisticated booby traps, organize raiding parties? How can Reaver society be anything but a contradiction in terms?

Anyone?


Friday, October 14, 2005
 
Aristocratic Originalism

I was intrigued enough to go see this movie, but didn't find most of it as funny as I'd hoped. To make that joke work, you either need truly inspired details that go beyond mere shock value, or a style of delivery that makes it funny. (If anyone's keeping score, I think the best two recitals were Carlin's and Cartman's, for those respective reasons.) Also in the inspired category is the below variation from Wings and Vodka. I think it's actually better than any of the ones in the movie. WARNING: If you are at all squeamish, read no further.
Harriet Miers walks into the Senate Judiciary Committee's confirmation hearings. Arlen Specter asks her, "Ms. Miers, how would you describe your approach to interpreting the Constitution?”

Miers, visibly excited, says, “I’m glad you asked. My approach is really quite interesting. I think you’ll like it.”

“Well then,” Specter says. “Let’s hear it.”

Miers launches into an explanation: “Well, first thing I do is find a fairly quiet room with a clean desk. I put the Constitution on one side of the desk, and a Bible on the other. I then completely disrobe, as to be completely unfettered for the job at hand.”

“Uh, Ms. Miers, I’m not sure that—”

“I then take the Constitution and stick it all the way up my ass. This is fairly difficult, because I like to use a large, leather-bound version, but I’ve gotten much better at it. It’s usually just the gold-plated index tabs that hurt.”

“Ms. Miers, you realize that we’re on C-SPAN right now....”

“Then, once the Constitution is safely hidden in my rectum, I bring my cat—Oscar—into the room, and begin feeding him pages of the Bible. He mostly likes the New Testament. Of course, since the Bible I use is printed on a 15% cotton-fiber stock, Oscar can only keep it down for so long. But when he finally coughs up the Bible-laden hairball, the pages have been reduced to a fine paste that it is somehow perfectly suited for use as decorative body paint.”

“I really think we should take a break now, Ms. Miers.”

“Wait just a moment. So now that I have this kitty-puke body paint, I’m finally ready for the midget to come in.”

“Ms. Miers—”

“I’m sorry, little person. The little person takes the cat-vomit paint, and begins transcribing my thoughts on the facts of the case in longhand, backwards, using, for parchment, my glorious, naked body, and using, for a quill, his glorious—”

“Would somebody get a paramedic in here? I think Feinstein just fainted!”

“Now, while the anatomically-gifted dwarf is dotting the I’s and crossing the T’s, I take a moment to forcibly eject the Constitution from my cavity. I then beat the cat to death with it—that little fucker just ate my Bible, after all—skin his corpse, and spread it out onto the desk. I then proceed to pleasure the Sex Gnome with the Constitution, all the while rolling my body across the desk, which transfers a now-readable version of the transcription onto the spread-out cat’s fur. I then wrap myself in this fabulous cloak, borrow a quarter from my Magnificent Porn Pygmy, and flip it into the air. If it lands on heads, I donate the cloak to charity, marry the little guy, and decide for the appellant on moral grounds. If it lands on tails, I donate the Oompa Loompa to charity, have myself declared legally married to the Cat-Skin-and-Puke Blanket, and decide for the appellee on a technicality.”

At this point, Feinstein has fainted, Kennedy has had three heart attacks, and Specter looks as if he’s just vomited down his suit pants, which, in fact, he has. “That’s quite a judicial philosophy you have there, Ms. Miers,” he says. “What do you call it?”

Miers jumps up from her seat, gives a cute little wave of her hands and says:

“Originalism!”


Thursday, October 13, 2005
 
When judges have baggage

From a case I had to read today:
The Erlichs may have hoped to build their dream home and live happily ever after, but there is a reason that tag line belongs only in fairy tales. Building a house may turn out to be a stress-free project; it is much more likely to be the stuff of urban legends--the cause of bankruptcy, marital dissolution, hypertension and fleeting fantasies ranging from homicide to suicide.
Erlich v. Menezes, 21 Cal. 4th 543, 557-58 (1999)

Gee, I wonder what the backstory to that little observation was.


 
Indisputably hilarious
Opposing counsel has served a request for judicial notice of facts contained in a Wikipedia article. If you understand the operative terms in that sentence, you probably understand why I've been chuckling all morning.