Commenter Archive

Comments by Michael Cain in reply to Jaybird*

On “Linky Friday #130: Martyrs & Migrants

Plus a zillion.

When I was on the legislative staff, I spent the session being told regularly that I was ignorant and incompetent. Politicians just have a peculiar way of motivating the hired help...

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What the articles missed is that it's not just blue states, but blue-ish areas even in red states. Across the South from Arkansas/Louisiana to the Carolinas, in states where the primaries were early enough that Romney didn't have things locked up, he won in the blue-ish areas: Mississippi along the river, Atlanta, etc. I haven't been through the exercise, but I would not be surprised if Romney got as many delegates out of those states in total as any of the more-conservative candidates.

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E3: Both links point to a Bloomberg story about Syran refugees.

On “How To: Hit Yourself In The Face With A Golf Ball

Back injuries are the most common. Also the one injury that it's pretty much impossible to play with. Eg, Tiger Woods has withdrawn from tournaments he started eight times in his career -- five of them for spine-related problems.

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I think Andy Carnegie had it right when he deliberately crafted a golf course where he could completely crush his opponents...

I occasionally played a small nine-hole municipal course in southern Iowa that had been laid out by a local with an apparently incurable slice. Fading off to the right never got you in serious trouble, but there were nightmares if you missed to the left :^)

On “An Idiocy Sabbatical

R.E.M. are all over Trump and Cruz for using "It's the End of the World as We Know It" at their Stop the Iran Deal rally yesterday.

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A golf swing that allows reproducible results is perhaps the most unnatural overall motion in sports. I quit playing because it was too frustrating that my aging joints wouldn't allow me to do it properly.

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You're quitting on it and trying to hit the the ball on the upswing to get it up into the air. Head down, extend your right hand/arm all the way through impact, and the club face will take care of getting the ball up.

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Well, I was thinking in terms of not responding to idiocy for 60 days. Some time back, I made a somewhat less public oath not to do something here on the site. That lasted about 30 days (a period which changed my perspective on at least one thing for the better). This is a good time to do it, too: football has just started, the SCOTUS hasn't come back to town yet, etc.

I should keep a paraphrase of Grandpa Cain in mind more often: think twice, post once.

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Are you a betting man, counselor?

On “Kim Davis Freed

IANAL, merely a former legislative staffer, but here's what Kentucky statute says about severability:

446.090 Severability.

It shall be considered that it is the intent of the General Assembly, in enacting any statute, that if any part of the statute be held unconstitutional the remaining parts shall remain in force, unless the statute provides otherwise, or unless the remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that the General Assembly would not have enacted the remaining parts without the unconstitutional part, or unless the remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the intent of the General Assembly.

The annotation on this says the intent was to obviate the need for a severability clause on each act. Since the marriage statute doesn't appear to say that it isn't severable, then it is, and the courts have considerable lattitude.

Anyone who's saying that the whole marriage statute is gone because it doesn't include a severability clause is wrong, at least about Kentucky.

On “Sportsmanship?

I believe Mike's referring to Heinlein's roadtowns, which are powered by "Douglas-Martin solar receptor screens", ie, cheap highly-efficient solar panels. I don't think Heinlein placed the solar panels on the surface of the moving roadways themselves, but I could be wrong about that.

And "Oscar Gordon" is, of course, the lead character in Glory Road.

On “High School Athletes Strike Referees

Get on his or her good side.

I participate in a sport -- fencing -- where the bout referee is as close to a demi-god as is possible. You can ask for an explanation why the point was given to your opponent instead of to you, but arguing about it is an automatic red card (another point for your opponent). Behave badly enough and there's a separate black card that gets you expelled from the event.

Anyway, I was at a recent tournament that had two of the better local fencers in the final bout. One is normally the most considerate guy around, and the other has a reputation as a hothead. Before the second period began, the quiet guy threw a fit (politely) over some technical issue that was within his rights to challenge. Appealed to the head referee, who resolved things in his favor, but after a lengthy delay. You could tell the regular referee was in no mood to tolerate any more sh*t from anyone. For the rest of the bout the hothead was focused on stopping his normal outbursts for fear of getting a red (or even black) card. Put him completely off his game, and he lost a bout he would normally have won.

On “Kim Davis Freed

Rod Dreher has already pointed out several reasons why Kim Davis is not, to use his words, "the hill to die on" for orthodox Christians.

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Well, there are certainly circumstances under which they could be legal. KRS 402.100 uses "signature of the county clerk or deputy clerk issuing the license." 402.240 says that if the clerk is absent or the office of clerk is vacant, the county judge/executive can issue the license instead. Presumably the next dust-up is when Ms. Davis returns to work, announces that no licenses are to be issued, and one of the deputy clerks says, "You can't order me to violate a federal court order and be in contempt."

On “Getting Myself in Trouble: Some Thoughts on Aesthetics and Culture and the Revolt against the Intellectual

Right. We also know that there was a whole troubadour/jongleur profession in France, minnesingers in Germany, and minstrels in England in the Middle Ages, although very little of their work survived in any form. Music as performance art has a much broader history than many people seem to think.

On “Volokh on Kim Davis

Yeah, and I'm entirely in favor of that. Fill out the standard form, have the signatures notarized as the state feels is necessary, then turn in the form and have the county put it in a drawer, same as they file property transactions (sales, mortgages, liens, etc). Probably have to put the burden of checking that all the blanks have been filled in onto the officiant. In this day and age, I might want the county to run it through a scanner and have that go into a state-wide database.

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Same in the west Denver suburbs, at least at the Kroger-owned chain. All of the stores I frequent have added more self-check positions over time. They've also tinkered with the software, the layout of the positions, and the way the staff works those positions -- small steps that have added up to a big overall improvement.

I use the self-check not because it's really any quicker than the express check-out lane, but because I'm a fanatic about bagging. I'd probably use the express check-out if they didn't make such a fuss about me bagging things myself.

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Add that, as I've noted elsewhere, Alabama's existing statute says probate judges "may" issue licenses. Kentucky's statute says clerks "shall" issue. On such apparently minor choice of words by the legislature, legal cases live or die.

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Don't make me come to San Francisco and hurt you.

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For county clerks... The state wishes to archive information that, at a particular time and place, people presented particular information, which was examined for obvious fault -- "You call this a driver's license?!?" -- and that fact recorded for possible consultation ten or 20 years from now. What do you propose as an alternative to ink signature on a piece of paper?

This is a dead serious question. AI isn't here yet. Reliable digital storage isn't here yet. People examining the papers and signing what is effectively an affidavit has hundreds of years of reasonable success.

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It's entertaining to read some of the Kentucky statutes pertaining to the county clerk's office (originally the county court clerk's office). Records that must be kept in books. Misdemeanor crimes for failure to turn such books over to the successor in office. Very rural, very late-1800s feel to some of it.

Having had one career that included IT security from time to time, and then some time as a legislative analyst, I'm a whole lot more comfortable with paper and ink and embossed seals as the historical record that might have to be consulted some years after the fact in legal proceedings.

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This from an AP story published yesterday:

Staver called on the judge as well as Democratic Gov. Steve Beshear to make "reasonable accommodations" so that Davis can keep her job without violating her beliefs as an Apostolic Christian. He suggested that with an executive order, he could change all the forms in Kentucky so that none require a clerk's signature or say that they've been issued under a clerk's authority.

I'm assuming that her attorney has a good idea of what she considers an acceptable accommodation.

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It will be along the lines that (in the case of county clerks) the RFRA is a requirement that the state consider and make reasonable accommodations. It is not a license for clerks to make arbitrary changes to the state's forms or procedures on their own.

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...then one of Davis’ clerks can draw up a new form that does not have Davis’ name, but instead refers to “Office of the Rowan County Court Clerk.”

Kentucky statute requires clerks to use the form designed by the Department for Libraries and Archives.

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