Archive for July, 2006

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Why I Am No Longer Liberal

Sunday, July 30th, 2006
To think, I was once as passionate - and as incoherent - as this Virginia blogger:



An Inconvenient Truth

by: Lowell

Sat Jul 29, 2006 at 19:37:55 PM MDT

Check out the website , see the movie , and take action . Vote for candidates who will protect our planet; vote against those who won't . The ice caps are melting , the polar bears are drowning , the forests are dying , and the climate is going completely haywire . We have no time to lose, so act fast. Start by seeing Al Gore's amazing movie, and telling all your friends to do the same. ( link )
The world is going to end; we have no time to lose; respond by heading down to the movie theater. I don't know ...



I must admit, if the ice caps were indeed melting (which they aren't) and our forests were dying (an utter and laughable falsehood) and our climate was going more haywire than it has been since the beginning of time (weather is by its "nature" unpredictable or "haywire"), I could give a rat's ass about drowning polar bears. I guess I'm just selfish at those points in time when all life on this planet is about to cease.



But to the point - (1) the earth's average temperature in the 100 years of the twentieth century increased just over one degree fahrenheit (plus or minus 0.4 degrees!), such an underwhelming number to produce such unbecoming hysteria. (2) Some scientists suggest that the warming is cyclical, and that the earth's temperatures have risen and fallen since before the dawn of man. (3) Other scientists believe the warming trend to be potentially a good thing, allowing more cropland to be available for production for longer periods of time, providing food for more starving people in Zimbabwe. (4) environmentalists (and hysterical bloggers) have proven themselves to be less than trustworthy when it comes to piloting the lifeboat. A steadier, less frightened hand at the helm is to many of us more desirable.



So. Call your congressman, save a drowning bear, go see Al Gore's Hollywood epic, or do what I plan on doing today - bask in the warmth and sunshine with an ice cold Bud.



Just don't get overheated by it all.

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Random Fire Video

Sunday, July 30th, 2006
This is hilarious. The video was apparently filmed in 1976. It is in German, so I cannot understand it, other than the chorus having something to do with calling the firefighters, or that they are the firefighters. Anyways, it is hilarious I thought. I wonder if this was a legitimate fire prevention video or a spoof or what.

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Random Fire Video

Sunday, July 30th, 2006
This is hilarious. The video was apparently filmed in 1976. It is in German, so I cannot understand it, other than the chorus having something to do with calling the firefighters, or that they are the firefighters. Anyways, it is hilarious I thought. I wonder if this was a legitimate fire prevention video or a spoof or what.

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Surface Mining Is Our Future

Sunday, July 30th, 2006
If you were to listen to the hysterics coming from environmentalists with regard to the preferred method in these parts of mining coal, you'd think our croplands are at risk of laying fallow, our forests being denuded, our rivers and streams running rancid, our children waking up stupid, and our women trending toothless and ugly.



Every now and then though we get a report that the world is not in fact ending any time soon here in Southwest Virginia. An example:



Reclaimed strip mine land serves fruitful purpose

Kathy Still, Reporter, Bristol Herald-Courier



WISE – David Lawson was 10 years old when a coal company razed a mountain beside his home.



The mining stopped in the early 1980s, and crews reclaimed the land by flattening it to pasture-grade.



Lawson and his family harvest grapes on the former strip mine. They extract the juice and make a variety of wines at MountainRose Vineyards.



The Lawsons operate the only vineyard and winery in the state on a former strip-mine site. ( link )



Flattening mountains, extracting valuable minerals, creating pastureland and vineyards, growing jobs, invigorating the local economy. I think we have the makings of a plan to bring success to this troubled region.

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A Broadening Chasm

Sunday, July 30th, 2006
As further evidence of the existence of a growing divide between Northern Virginia and ... everywhere else, senate candidate James Webb is heavily favored at present over incumbent George Allen by voters around Washington DC but is virtually unknown - and unsupported - outside the area:
Poll: Allen leads race for Senate over Webb
However, one-fifth of those surveyed remain undecided, and Allen still lacks majority support.
By Michael Sluss, The Roanoke Times

RICHMOND -- U.S. Sen. George Allen holds a comfortable lead in his race for re-election and boasts a solid job approval rating, according to a poll commissioned by The Roanoke Times and other Virginia newspapers.

The Republican senator leads Democratic challenger James Webb by 16 percentage points in a statewide survey conducted last week by Mason-Dixon Polling & Research.

Allen has the support of 48 percent of the voters surveyed and leads Webb by wide margins in most regions of the state. Webb, a decorated Vietnam War veteran and former secretary of the Navy, leads Allen in densely populated Northern Virginia but remains unrecognized by one-third of the state's voters. (link)
An interesting political demographic continues to develop with overpopulated, tax-happy, big government supportive Northern Virginia trending to the left and tax averse, socially conservative, fiscally conservative Western, Southwest, and Southside Virginia rapidly advancing to the right, with Tidewater remaining somewhere in between to serve as spoiler.

We know where this will end as it pertains to the Webb/Allen Senate race, but beyond?

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Call In The 101st Airborne

Sunday, July 30th, 2006
Well, the mayor of New Orleans and the governor of Louisiana summoned the National Guard to stem the tide of murder and mayhem in the Crescent City after admitting that the police force there was powerless. It appears the Guard isn't a match for the hoodlums either:
New Orleans cops probe 6 killings in 1 day
By Mary Foster, Associated Press Writer

NEW ORLEANS (AP) -- Police were investigating six fatal shootings that occurred within 24 hours, the latest round of killings as the city struggles to rein in violence that has shadowed the recovery from Hurricane Katrina.

Last month, Gov. Kathleen Blanco sent the Louisiana National Guard and state police to New Orleans after five teenagers were shot to death in a single attack. (link)
What now, fellas? The 8th Army? Roman Legions? Mongel Hordes?

For the love of God. These boobs can't even meet the first obligation of governance - protecting the citizenry. And we've entrusted billions of our hard-earned tax dollars to them for reconstruction ...

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Eating Their Young

Sunday, July 30th, 2006
This is interesting. The New York Times is throwing longtime Connecticut Democratic Senator Joe Lieberman over the side in favor of an anti-war zealot: A Senate Race in Connecticut Editorial Mr. Lieberman is now in a tough Democratic primary against a little-known challenger, Ned Lamont. The race has taken on a national character. Mr. Lieberman’s friends see it as an attempt by hysterical

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A Pig Is a Pig

Sunday, July 30th, 2006
A Muslim man walks into an office filled with Jews and opens fire, killing one and wounding five others. This is an act of: a) ethnic cleansing b) genocide c) terrorism d) a hate crime A case can be made for the correct answer to be a, b, or c. But to Seattle police it's merely d. Police Describe Seattle Shooting as a Hate Crime By William Yardley, The New York Times SEATTLE, July 29 — A day

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Faces of FloydFest

Sunday, July 30th, 2006

073006floydfest1.jpg
073006floydfest2.jpgThe skies threatened Saturday but only a brief shower fell as FloydFest 5 enjoyed a day of pleasant weather and growing crowds to see fan favorites like Donna and the Buffalo (above) on the main Dreaming Creek Stage while area bluegrass talents like The Whitetop Mountain Band (right) packed in a crowd at the Blue Cow Folklife Center.

The problem at FloydFest is not finding something to do but rather deciding which thing to do. With music on multiple stages, crafts, workshops and the like sacattered throughout the sprawling festival site, visitors have to pace themselves for what can turn into a long, grueling day and evening. I've battled leg cramps during most of this year's events even with constant hydration and frequent rest stops. FloydFest is an event that both envelops you and wears you out.

But for most the music is still the thing and the crowds get into it big time (below).

The Festival concludes tonight on the site just off the Blue Ridge Parkway in Franklin County. It's worth a day of your time.
073006floydfest4.jpg

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What I’ll be watching Sunday night

Sunday, July 30th, 2006
Inspector Morse is dead, but Inspector Lewis comes alive for the first time on Sunday's Mystery!

Surely between the three showings I'll catch the whole thing.

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What I’ll be watching Sunday night

Sunday, July 30th, 2006
Inspector Morse is dead, but Inspector Lewis comes alive for the first time on Sunday's Mystery!

Surely between the three showings I'll catch the whole thing.

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John Kerry gets embarrassed

Sunday, July 30th, 2006
I know, it isn’t the first time. This time, it’s John Bolton on the other end. UPDATE: Kilo has the video.

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On Salem and the Voting Rights Act

Saturday, July 29th, 2006
Rick Hasen links here to a press release that says this:

"On July 26, 2006, the same day that President Bush extended the special provisions of the Voting Rights Act for another 25 years, a three-judge federal court in Washington, DC, approved the City of Salem’s request for a bailout from coverage under the Voting Rights Act. Salem becomes the eleventh local government to obtain a bailout since 1996.
The bailout means that Salem will no longer be required to submit any of its voting changes to the Justice Department for preclearance review, and will give local election officials greater flexibility in making voting and election changes that will assist voters.
J. Gerald Hebert, an attorney in Alexandria, Virginia, who handled the City of Salem’s case, noted that the City had demonstrated a solid record of compliance with all provisions of the Voting Rights Act, thus making it eligible to receive the bailout. He applauded officials in the City, particularly the City’s General Registrar of Voters, Ms. Dana Oliver, for operating a voter registration and election administration office that made it easy to establish the City’s bailout eligibility.
Hebert has represented all eleven Virginia jurisdictions that have obtained bailouts. Hebert added that he thought more local governments would likely pursue bailouts in the future, especially now that the Act has been extended and the bailout provisions remained unchanged. Hebert said: state and local governments that believe they are eligible to bailout should do so because it is easy to do if there is equal opportunity to participate in all aspects of the voting and electoral process. It’s also affordable and cost-effective.”

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On Salem and the Voting Rights Act

Saturday, July 29th, 2006
Rick Hasen links here to a press release that says this:

"On July 26, 2006, the same day that President Bush extended the special provisions of the Voting Rights Act for another 25 years, a three-judge federal court in Washington, DC, approved the City of Salem’s request for a bailout from coverage under the Voting Rights Act. Salem becomes the eleventh local government to obtain a bailout since 1996.
The bailout means that Salem will no longer be required to submit any of its voting changes to the Justice Department for preclearance review, and will give local election officials greater flexibility in making voting and election changes that will assist voters.
J. Gerald Hebert, an attorney in Alexandria, Virginia, who handled the City of Salem’s case, noted that the City had demonstrated a solid record of compliance with all provisions of the Voting Rights Act, thus making it eligible to receive the bailout. He applauded officials in the City, particularly the City’s General Registrar of Voters, Ms. Dana Oliver, for operating a voter registration and election administration office that made it easy to establish the City’s bailout eligibility.
Hebert has represented all eleven Virginia jurisdictions that have obtained bailouts. Hebert added that he thought more local governments would likely pursue bailouts in the future, especially now that the Act has been extended and the bailout provisions remained unchanged. Hebert said: state and local governments that believe they are eligible to bailout should do so because it is easy to do if there is equal opportunity to participate in all aspects of the voting and electoral process. It’s also affordable and cost-effective.”

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Good Links

Saturday, July 29th, 2006

Bearing Drift has a great podcast up that covers "the nature of blogging and its influence on the political scene." JR will be conducting a workshop at the Blogs United for Free Speech conference that is a must for all bloggers!

HR_Conservative is doing what we all need to be doing! The Allen grass roots are not just relying on the great poll numbers, they are knocking on doors and gaining more support for Sen Allen.

Jerry has a tribute piece written to John Murtha by a fellow marine called Semper I .

I am enjoying a few select Hen and Rooster knives I received this week. Also a old German Eye knife. I am also learning to use this new tool . Very tricky indeed.

Technorati : ,

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Good Links

Saturday, July 29th, 2006

Bearing Drift has a great podcast up that covers "the nature of blogging and its influence on the political scene." JR will be conducting a workshop at the Blogs United for Free Speech conference that is a must for all bloggers!

HR_Conservative is doing what we all need to be doing! The Allen grass roots are not just relying on the great poll numbers, they are knocking on doors and gaining more support for Sen Allen.

Jerry has a tribute piece written to John Murtha by a fellow marine called Semper I .

I am enjoying a few select Hen and Rooster knives I received this week. Also a old German Eye knife. I am also learning to use this new tool . Very tricky indeed.

Technorati : ,

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Another fine Bearing Drift podcast

Saturday, July 29th, 2006
Here.

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What happens to a lawsuit when a constitutional office changes hands?

Saturday, July 29th, 2006
In King v. McMillan, Judge Wilson ruled that a civil rights lawsuit brought against Sheriff McMillan in Roanoke continued against his successor to the extent he was sued in his official capacity.

In a footnote, the opinion notes: "The court recognizes that there is conflicting precedent within the Fourth Circuit concerning whether McMillan in his individual capacity can be held liable under Title VII. In Paroline v. Unisys, 879 F.2d 100, 104 (4th Cir. 1989), vacated in part and rev’d in part on other grounds per curiam, 900 F.2d 27 (4th Cir. 1990) (en banc), the Fourth Circuit held that employees in supervisory positions with “significant control” over “hiring, firing, or conditions of employment” can be held personally liable under Title VII. Id. at 104. However, later in Lissau v. Southern Food Serv., 159 F.3d 177, 180-81 (4th Cir. 1998), the court held that Title VII creates no cause of action against supervisors in their individual capacities. Lissau,159 F.3d at 180-81 (stating that the Civil Rights Act of 1991 does not “mention individual liability as an available remedy” and that Title VII’s “remedial scheme seems so plainly tied to employer, rather than individual, liability”). Although the Fourth Circuit has not expressly overruled Paroline, other courts have held that the Fourth Circuit has impliedly overruled Paroline. See Jones v. Tyson Foods, Inc., 378 F.Supp. 2d 705, 708 (E.D. Va. 2004) (stating that the Fourth Circuit Court of Appeals “overruled Paroline . . . with its decision in Lissau” and noting that “every district court in Virginia to rule on the issue [whether supervisors are individually liable for violations of Title VII] has also followed Lissau”). This court believes it is compelled to do so, as well."

I'd say that's right.

In another interesting footnote, the opinion says this:

"Although Johnson presents this issue as a question of whether she is McMillan’s 'successor' under Rule 25(d), the issue is more accurately framed in terms of whether King has properly named the Office of Sheriff of the City of Roanoke as her “employer” under Title VII. Only employers are liable for Title VII violations. Lissau v. Southern Food Serv., 159 F.3d 177, 180-81 (4th Cir. 1998). A sheriff in his or her official capacity, assuming that he or she has more than fifteen employees, is subject to suit as an “employer” within the meaning of Title VII. See Briggs v. Waters, 2006 WL 1982758, *2 (E.D. Va. 2006) (stating that Title VII plaintiff’s “employer” was the “Sheriff’s Office” not the former sheriff in his individual capacity, who was the plaintiff’s supervisor at the time of alleged Title VII violation); Partington v. American International Specialty Lines Ins. Co., 443 F.3d 334, 339 (4th Cir. 2006) (stating that “[u]nder Title VII, the term ‘employer’ is defined to include persons that have at least fifteen employees”). Here, the Office of Sheriff of the City of Roanoke is the statutory “employer” under Title VII and, thus, is liable for King’s Title VII claims. Accordingly, McMillan in his official capacity was a proper defendant at the time King filed this action, and when Johnson succeeded McMillan as the Sheriff of the City of Roanoke, she became liable in her official capacity. See Briggs v. Waters, 2006 WL 1982758, *2 (E.D. Va. 2006) (dismissing a Title VII claim against the former Sheriff of Portsmouth in his official capacity, holding that “[b]ecause [the former Sheriff] no longer holds the office of Sheriff, he does not have an official capacity in which he can be sued” and dismissing a Title VII action against the former Sheriff in his individual capacity because “Title VII creates no cause of action for a claim against a supervisor in his individual capacity”)."

Judge Wilson is probably right on the main point of the opinion, but it is an interesting question, with some arguments to the contrary. Constitutional officers are sort of anomalous entities in Virginia law, but Judge Wilson concluded that the state law vagaries were irrelevant.

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What happens to a lawsuit when a constitutional office changes hands?

Saturday, July 29th, 2006
In King v. McMillan, Judge Wilson ruled that a civil rights lawsuit brought against Sheriff McMillan in Roanoke continued against his successor to the extent he was sued in his official capacity.

In a footnote, the opinion notes: "The court recognizes that there is conflicting precedent within the Fourth Circuit concerning whether McMillan in his individual capacity can be held liable under Title VII. In Paroline v. Unisys, 879 F.2d 100, 104 (4th Cir. 1989), vacated in part and rev’d in part on other grounds per curiam, 900 F.2d 27 (4th Cir. 1990) (en banc), the Fourth Circuit held that employees in supervisory positions with “significant control” over “hiring, firing, or conditions of employment” can be held personally liable under Title VII. Id. at 104. However, later in Lissau v. Southern Food Serv., 159 F.3d 177, 180-81 (4th Cir. 1998), the court held that Title VII creates no cause of action against supervisors in their individual capacities. Lissau,159 F.3d at 180-81 (stating that the Civil Rights Act of 1991 does not “mention individual liability as an available remedy” and that Title VII’s “remedial scheme seems so plainly tied to employer, rather than individual, liability”). Although the Fourth Circuit has not expressly overruled Paroline, other courts have held that the Fourth Circuit has impliedly overruled Paroline. See Jones v. Tyson Foods, Inc., 378 F.Supp. 2d 705, 708 (E.D. Va. 2004) (stating that the Fourth Circuit Court of Appeals “overruled Paroline . . . with its decision in Lissau” and noting that “every district court in Virginia to rule on the issue [whether supervisors are individually liable for violations of Title VII] has also followed Lissau”). This court believes it is compelled to do so, as well."

I'd say that's right.

In another interesting footnote, the opinion says this:

"Although Johnson presents this issue as a question of whether she is McMillan’s 'successor' under Rule 25(d), the issue is more accurately framed in terms of whether King has properly named the Office of Sheriff of the City of Roanoke as her “employer” under Title VII. Only employers are liable for Title VII violations. Lissau v. Southern Food Serv., 159 F.3d 177, 180-81 (4th Cir. 1998). A sheriff in his or her official capacity, assuming that he or she has more than fifteen employees, is subject to suit as an “employer” within the meaning of Title VII. See Briggs v. Waters, 2006 WL 1982758, *2 (E.D. Va. 2006) (stating that Title VII plaintiff’s “employer” was the “Sheriff’s Office” not the former sheriff in his individual capacity, who was the plaintiff’s supervisor at the time of alleged Title VII violation); Partington v. American International Specialty Lines Ins. Co., 443 F.3d 334, 339 (4th Cir. 2006) (stating that “[u]nder Title VII, the term ‘employer’ is defined to include persons that have at least fifteen employees”). Here, the Office of Sheriff of the City of Roanoke is the statutory “employer” under Title VII and, thus, is liable for King’s Title VII claims. Accordingly, McMillan in his official capacity was a proper defendant at the time King filed this action, and when Johnson succeeded McMillan as the Sheriff of the City of Roanoke, she became liable in her official capacity. See Briggs v. Waters, 2006 WL 1982758, *2 (E.D. Va. 2006) (dismissing a Title VII claim against the former Sheriff of Portsmouth in his official capacity, holding that “[b]ecause [the former Sheriff] no longer holds the office of Sheriff, he does not have an official capacity in which he can be sued” and dismissing a Title VII action against the former Sheriff in his individual capacity because “Title VII creates no cause of action for a claim against a supervisor in his individual capacity”)."

Judge Wilson is probably right on the main point of the opinion, but it is an interesting question, with some arguments to the contrary. Constitutional officers are sort of anomalous entities in Virginia law, but Judge Wilson concluded that the state law vagaries were irrelevant.

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What’s the ABA up to in Hawaii?

Saturday, July 29th, 2006
Supposedly, you can keep up with this year's annual meeting by way of this site.

The other way might be to ask the VBA's Ted Ellett after he gets back.

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