Mudahnya berbagi foto di twitter lewat Twitpic

Layanan gratis yang diberikan oleh Twitpic memudahkan kita untuk membagikan foto-foto ke followers twitter. Twitpic merupakan salah satu situs yang bekerjasama dengan twitter dalam urusan photo share.Mengupload foto di twitpic bisa melalui handphone dengan alamat http://m.twitpic.com, API, serta situs resmi twitpic yaitu http://www.twitpic.comJika sudah memiliki account twitter, bisa langsung

Mudahnya berbagi foto di twitter lewat Twitpic

Layanan gratis yang diberikan oleh Twitpic memudahkan kita untuk membagikan foto-foto ke followers twitter. Twitpic merupakan salah satu situs yang bekerjasama dengan twitter dalam urusan photo share.Mengupload foto di twitpic bisa melalui handphone dengan alamat http://m.twitpic.com, API, serta situs resmi twitpic yaitu http://www.twitpic.comJika sudah memiliki account twitter, bisa langsung

Bagaimana cara mendaftar twitter

Yup, ini tahap paling dasar jika ingin mempunyai account twitter dan menjadi salah bagian dari tweeps (sebutan untuk para pengguna twitter).Hal pertama yang harus dilakukan untuk mendapatkan account ini jelas harus masuk ke situs twitter di twitter.com. Pada halaman utama, klik kotak yang bertuliskan Sign Up. Setelah itu akan dibawa ke halaman pengisian data. Isi semua data-data yang diperlukan.

Bagaimana cara mendaftar twitter

Yup, ini tahap paling dasar jika ingin mempunyai account twitter dan menjadi salah bagian dari tweeps (sebutan untuk para pengguna twitter).Hal pertama yang harus dilakukan untuk mendapatkan account ini jelas harus masuk ke situs twitter di twitter.com. Pada halaman utama, klik kotak yang bertuliskan Sign Up. Setelah itu akan dibawa ke halaman pengisian data. Isi semua data-data yang diperlukan.

Cara Membalas & Memberi komentar/tweet di twitter

Untuk memberi komentar tweet atau memberi balasan tweet di twitter caranya sederhana. Cukup mengetikkan username pada kolom/kotak di bagian atas. Jangan lupa setiap mereply tweet awali dengan @ didepannya.Jadi formatnya seperti ini, @username (spasi) tweet.Untuk contoh saja, semisal tweet balasannya seperti ini :@ristizona huahaha mantep gan... :)format ini juga berguna untuk mengirim tweet ke

Cara Membalas & Memberi komentar/tweet di twitter

Untuk memberi komentar tweet atau memberi balasan tweet di twitter caranya sederhana. Cukup mengetikkan username pada kolom/kotak di bagian atas. Jangan lupa setiap mereply tweet awali dengan @ didepannya.Jadi formatnya seperti ini, @username (spasi) tweet.Untuk contoh saja, semisal tweet balasannya seperti ini :@ristizona huahaha mantep gan... :)format ini juga berguna untuk mengirim tweet ke

arti RT pada twitter.

RT yang sering digunakan di twitter singkatan dari Retweet atau Ngetweet Ulang. RT di twitter ini biasa digunakan jika ingin menulis ulang tweet follower/following kita, sehingga tidak dianggap menjiplak. namun bisa juga digunakan ketika hendak mereply tweet follower/follwing kita supaya penerima tidak bingung tweet mana yang dibalas. biar lebih paham, ini saya berikan sedikit contoh penggunaaan

arti RT pada twitter.

RT yang sering digunakan di twitter singkatan dari Retweet atau Ngetweet Ulang. RT di twitter ini biasa digunakan jika ingin menulis ulang tweet follower/following kita, sehingga tidak dianggap menjiplak. namun bisa juga digunakan ketika hendak mereply tweet follower/follwing kita supaya penerima tidak bingung tweet mana yang dibalas. biar lebih paham, ini saya berikan sedikit contoh penggunaaan

Daftar isi

Weekend Reading: Kooky Ideas About Steroids

I've uploaded my new essay on steroids in professional sports, Blue Sky Steroids, from a symposium on Sports & Criminal Law published by Northwestern Law School's Journal of Criminal Law & Criminology. You can download the essay free of charge here. Here's the abstract:

Performance-enhancing substance use has attracted considerable political and media attention. However, relatively little analysis of the reasons for regulating substance use in professional sports exists. Most of the ostensible reasons for regulating performance-enhancing substance use are belied by leagues’ inadequate commitment to the justifications in other contexts. Further, most of the methods of proposed regulation would be ineffective and unworkable. In place of the standard test-and-punish regime advocated by doping authorities, this Essay argues that performance-enhancing substance policy should be modeled after federal and state securities regulation. Instead of punishing use, regulators should require disclosure of all substances used, and punish only omissions and fraud of a material nature. The goals of a regulation regime would be better achieved without unintended negative consequences through a market approach based on minimum disclosure requirements.

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Two thoughts on Howard's home run ball

Three thoughts on the story Mark discusses about Ryan Howard's home run ball. Because I find this story really sad.

First, this seems like a bad trade for Ms. Valdivia and her family. If the Barry Bonds home run ball fiasco taught us anything, it is that "historic" home run balls do not have nearly as much value as many fans assume. Her attorney is described as a "memorabilia enthusiast," so he probably knows something about value that I don't. But the ball is unique only because of the "fastest-to" mark that is a largely meaningless, made-up record. If Ryan Howard goes to the Hall of Fame (and I believe he will, at his current pace), will an autograph really be worth less than his 200th home run?

Second, Ms. Valdivia, her family, and her lawyer are hereby estopped from ever again complaining about greedy professional athletes who only care about money and not the game. And so is everyone else who believes the family was in the right here. Howard wanted the ball for his personal satisfaction, because it represented an accomplishment that, in the long run, is meaningful to him. He offered something of value in return. And the girl's family sued because, in crassest terms, they wanted more money (or more value).

Third, I wonder what she did with the autographed ball the Phillies originally gave her in exchange. Did she keep it? That would give her quite a windfall, to which she is not entitled. Of course, if the Phillies had asked for it back in settling a rescission claim, we would be hearing all sorts of shouts about the greedy team/player taking back what they had given this innocent fan.

12-Year-Old Gets Home Run Ball Back from Phillies

Any student taking basic contract law learns that one makes agreements with minors at their peril, as the minor has the right to disaffirm the contract since it is presumed that the person lacks the capacity to understand the nature and consequences of his/her actions. The Philadelphia Phillies were reminded of this old rule this week, as they decided to return Ryan Howard's 200th career home run ball to the 12-year old girl who caught it two and a half months ago. Click here for more.

Jennifer Valdivia wanted to keep the ball. However, Howard wanted the ball because it represented a record: He was the fastest player to achieve the milestone in league history. According to press reports, after catching the ball, Jennifer was escorted alone to the Phillies clubhouse, where they "talked her" into exchanging it for an autographed baseball. She did, but realizing afterwards that the home run ball could be valuable (and certainly more historic), she sought rescission of the agreement. Ultimately, she sued and the team returned the call that very day the lawsuit was filed. I, like others, probably wonder why the team officials escorted her alone. Had a parent or guardian been with her, the trade would be like valid and Howard would get his ball.

Although the "infancy rules" are filled with exceptions under rules, they still have validity, as can be seen in this case. [A great in-class example for the professors in the group -- if anyone has a link to the complaint, it would be interesting reading]

St Theresa's relics in town

I was shopping in Oxford and noticed a long queue outside the Catholic Church on Woodstock Road. It turns out Holy relics are being displayed over two days, and Catholics are going to venerate them and also to gain a Plenary Indulgence.

The Church's website says:

"The Apostolic Penitentiary has granted a Plenary Indulgence to all who venerate the relics of St Thérèse in our church. To gain the Indulgence:

1. Make a good sacramental Confession
2. Receive Holy Communion (within a few days)
3. Pray for the Holy Father's Intentions
4. Take part in a service or devotion in honour of St Thérèse, or spend some time in prayer, concluding with the Our Father, Creed and invocations to Our Lady and St Thérèse."

Source here.

I had no idea what a Plenary Indulgence is. This explanation is from the Catholic Encyclopedia.

"An indulgence that may be gained in any part of the world is universal, while one that can be gained only in a specified place (Rome, Jerusalem, etc.) is local. A further distinction is that between perpetual indulgences, which may be gained at any time, and temporary, which are available on certain days only, or within certain periods. Real indulgences are attached to the use of certain objects (crucifix, rosary, medal); personal are those which do not require the use of any such material thing, or which are granted only to a certain class of individuals, e.g. members of an order or confraternity. The most important distinction, however, is that between plenary indulgences and partial. By a plenary indulgence is meant the remission of the entire temporal punishment due to sin so that no further expiation is required in Purgatory. A partial indulgence commutes only a certain portion of the penalty; and this portion is determined in accordance with the penitential discipline of the early Church. To say that an indulgence of so many days or years is granted means that it cancels an amount of purgatorial punishment equivalent to that which would have been remitted, in the sight of God, by the performance of so many days or years of the ancient canonical penance. Here, evidently, the reckoning makes no claim to absolute exactness; it has only a relative value."

It appears that, by following the above 4-part instruction, Heaven-bound Catholics can go directly to Heaven without having to spend any intervening time in Purgatory during which their sins would be fully cleansed prior to their encountering God. Almost every Heaven-bound soul ends up being punished - and purged of sin - in Purgatory for a period; how long depends on how big a sinner you were [See here and scroll down to Purgatory for more info].

The offer, if you like, is a get-out-of-Purgatory card (POST SCRIPT 11TH NOVEMBER - My use of this phrase is intended to put into a nutshell, for the benefit of those unfamiliar with the idea, what such an indulgence essentially is. It was NOT chosen deliberately to cause offence to Catholics, as one commentator, appears to think! However, I guess the breezy tone probably implicitly communicates that I don't take the idea terribly seriously). That partly explains the length of the queue outside the church, I suppose.

Anyway, the reason I mention the relics and the Indulgence is: I wonder what Karen Armstrong would say about it all (see three posts earlier)? All sounds very literal to me!

Image - souls in Purgatory.

Quote for discussion

Even though they're soldiers and know killing is part of their responsibility and duty, a number of them come to me very bothered about it…Our challenge is to assure them that what they are doing is morally acceptable from a Christian perspective and a patriotic one.

Major Eric Albertson, a Roman Catholic Chaplain in Iraq The Times, 8 Dec 2004, p.37

Houston mayor singing different tune on immigration as Senate campaign heats up

Has Mayor Bill White flip-flopped on screening county inmates' immigration status? Shortly after HPD Officer Rick Salter was critically wounded after being shot by a non-citizen, Mayor White announced that the City of Houston would take part in an ICE program to identify inmates who were not in the United States legally.

Now, US Senate candidate Bill White says he doesn't think the city should participate in ICE's 287(g) program in which jailers are trained to determine inmates' immigration status. White now says he favors the city participating in ICE's Secure Communities program in which officers would be notified when someone being fingerprinted has an immigration record.

White claims he never wanted to participate in the 287(g) program that would cost the city between $1.5 million and $2 million a year.

The question is, did White change his tune because he doesn't want local law enforcement officers to become de facto immigration agents or because he needs the support of Latin voters in Texas to become the first Democratic senator from Texas since Lloyd Bentsen?

Why I hate the wildcard in baseball (a biennial reprise)

There is much celebrating this morning (at least outside of Michigan) of last night's amazing one-game playoff game between the Tigers and Minnesota Twins for the AL Central Division title, a 12-inning featuring three comebacks, which the Twins finally won 6-5. So let me play the curmudgeon here.

Two years ago, journalist Robert Weintraub wrote about the 1993 pennant race between the Atlanta Braves and San Francisco Giants and said "The drama of late-season baseball has been transferred from occasional but memorable all-or-nothing contests between great teams, to annual lower-stakes games between the good-to-mediocre." He blamed the wild-card system, adopted in 1995, because any do-or-die, win-or-go-home contests to win a division or wild card occur only among lesser teams, not among the top teams. I wrote in whole-hearted agreement, using the 2007 season as a perfect example.

Well, this year bears my argument out once again. Yes, last night was a great game and it was an exciting race. But it was between two teams that finished the 162-game schedule with 86 wins--fifth-most in the league entering last night's game. None of the top teams in the American League (the 103-win Yankees, 97-win Angels, or 95-win Red Sox) had any pressure at the end of the season--all were play-off bound, just as the top teams will be every year. The only other division "race" was in the National League West, where, entering Saturday's game, the Dodgers (93 wins--most in the NL) lead the Rockies (92 wins, tied at the time for second-most prior to Saturday) by a game and were playing each other, ostensibly for the division title. But the Rockies already had the wild card won and were play-off bound, since they had the second-best record in the whole league, so they had no pressure and no real incentive to catch the Dodgers and win the division.

Two years ago, I criticized the incentive structure this creates:

A wild-card system values having lot of teams in the play-off hunt and more times with post-season hopes later in the season, with a lot of win-or-else games. But it achieves that at the expense of having the best teams playing those win-or-else games. This is sound as a business decision--more fans in more cities will come out or watch in that final weekend, knowing their teams still are alive.

But as a baseball decision, it stinks that there is no chance to showcase the best teams in these high-stakes games, at least as part of a regular season that is long enough (162 games over six months) to create a meaningful competition. So while that was a great game last night, wouldn't it be nice to have a game like that played between two great teams?

Thanks for listening. Odds are, I will be back with a similar post in 2011.

It might not be a crime today, but check back tomorrow

Should violating federal regulations relating to the import and sale of orchids result in a criminal conviction? Is there a need for armed federal agents to conduct exhaustive searches for paperwork related to the import and sale of orchids? Was justice served by imprisoning a 66-year-old Texas man for not filling out all of the forms required by los federales?

That's exactly what happened to Spring resident George Norris in 2004. As a result of not dotting every "i" and crossing every "t" when importing and selling orchids, Mr. Norris ran afoul of the U.S. Fish and Wildlife Service. Mr. Norris subsequently spent two years in federal prison for committing an act that scarcely rises to the level of criminal activity.

Most criminal acts in Texas require some sort of culpable mental state - such as intentionally, knowingly, recklessly or negligently. There are but a handful of so-called "strict liability" crimes in Texas -- the most prominent being driving while intoxicated.

Los federales, on the other hand, carry scads of strict liability crimes on the books -- many of which are aimed at companies who violate environmental regulations.

Strict liability has its place -- in the civil courthouse.

Handling conflict in the courtroom

Seattle plaintiffs' attorney Paul Luvera offers sage advice for handling conflict in the courtroom. If it feels as though opposing counsel is always at your throat, do as Gerry Spence does. Wait until the rant is over. Pause. Address the court with a smile on your face. Maintain your calm demeanor -- no matter how hot you are under the collar.

As Mr. Spence would suggest, contrast your mood and demeanor with that of opposing counsel. Don't allow yourself to get drawn down into the gutter.

Mr. Luvera ends with a quote from Seneca: "He is most powerful who has himself in power."

MONSTERS FROM THE DEEP!

SUGGESTIONS AS TO HOW TO PUBLICIZE THIS EVENT, PLEASE! And do please pass info on to anyone you think might be interested. It should be great but am concerned we won't get the audience it merits.

SPES/CFIUK present:
MONSTERS FROM THE DEEP!

An interactive skeptical odyssey – with sound effects! University experts investigate tales of sea-monsters, mermaids, etc.

Saturday, 7th November, 11am-3pm (with break for lunch) Just £10. Free to members of cfi uk, glha, spes, bha, new humanist and Skeptic mag subscribers.

Ever wondered if there is some truth to sailors’ tales of monsters from the ocean’s depths?

Dr Charles Paxton, a scientist from the University of St Andrews, is one of the country’s most qualified cryptozoologists, and he will be running both a lecture and workshop on monsters from the deep – mythical and real. Dr Darren Naish is a researcher at The University of Portsmouth, who will talk about the ‘prehistoric survivor paradigm’ and what it means (or doesn’t mean) for ’sea monster’ sightings. An interactive skeptical odyssey….

Venue: Conway Hall, 25 Red Lion Square, Holborn, London WC1R 4RL – Main Hall. Book by sending a cheque with names of attendees to Suresh Lalvani, Ex Director CFIUK, PO Box 49097, Centre for Inquiry, London N11 9AX. Or use paypal – hit “Support cfiuk” button at www.cfiuk.org and follow instructions.

Presumption of innocence? What presumption of innocence?

So much for that whole inconvenient presumption of innocence thing down in Jackson County. This is a display that adorns the grounds of the Jackson County Courthouse in Edna, Texas.

No word on how many of those cases were dismissed or resulted in acquittals, nor on how many of those cases are still pending.

Ted Williams' Frozen Head Used as Batting Practice?

Disturbing story this week from Nathaniel Vinton of the New York Daily News about what's allegedly been going on with the frozen head of Ted Williams, who upon dying in 2002 of cardiac arrest had his head, but not rest of his body, frozen in hopes that one day science will be able to bring him back to life. Vinton's story is excerpted below.

* * *

Workers at an Arizona cryonics facility mutilated the frozen head of baseball legend Ted Williams - even using it for a bizarre batting practice, a new tell-all book claims.

In "Frozen," Larry Johnson, a former exec at the Alcor Life Extension Foundation in Scottsdale, Ariz., graphically describes how The Splendid Splinter" was beheaded, his head frozen and repeatedly abused.

The book, out Tuesday from Vanguard Press, tells how Williams' corpse became "Alcorian A-1949" at the facility, where bodies are kept suspended in liquid nitrogen in case future generations learn how to revive them.

Johnson writes that in July 2002, shortly after the Red Sox slugger died at age 83, technicians with no medical certification gleefully photographed and used crude equipment to decapitate the majors' last .400 hitter.

Williams' severed head was then frozen, and even used for batting practice by a technician trying to dislodge it from a tuna fish can.

* * *

The book describes other atrocities at Alcor's facility in Arizona, including the dismembering of live dogs that were injected with chemicals in experiments, and a situation in which human blood and toxic chemicals were dumped into a parking lot sewer drain.

* * *

In fairness to Alcor, the company vehemently denies Johnson's allegations, which have no doubt generated a great deal of interest in Johnson's soon-to-be-released book.

Assuming, however, that Johnson is telling the truth, Alcor and its staff might be in some trouble. Although commentators have written that cyronics--the preservation of legally dead humans or pets at very low temperatures (about -200 degrees Fahrenheit)--is largely unregulated, it's a crime in Arizona to intentionally mutilate a corpse. Then again, and not to be glib, I'm not sure if a frozen head, particularly when detached from the body, counts as a corpse. Tort law may also provide a remedy through intentional infliction of emotional distress, which has been used for recovery of wrongful treatment of corpses.

It's unclear if Major League Baseball or the Major League Baseball Players' Association will weigh on the topic, though presumably they have some stake in preserving the dignity of Williams and his body.

National Sports Law Institute of Marquette University Law School Sypomsium

Marquette Law Professor Paul Anderson passes along information about the National Sports Law Institute's annual conference this year -- it looks to be a great event:

* * *

On Friday, October 23, 2009, the National Sports Law Institute of Marquette University Law School will host a conference on The Evolution of Sports Law and Business from the 20th to the 21st Century at the Alumni Memorial Union on the Marquette campus.

The conference will include panels focusing on Olympic/international, professional, college, and high school sports, as well as a “catch-all” panel that will focus on gender equity, tort law, and sports officiating. Panelists will discuss significant legal and business developments in the sports industry from founding of the NSLI in 1989 to the present, with a look ahead to our 25th anniversary. Speakers include John S. Black, General Counsel, National Federation of State High School Associations; Mary K. Braza, Partner, Chair, Sports Industry Team, and Member, Management Committee, Foley & Lardner LLP; Elsa Kircher Cole, Vice President of Legal Affairs/General Counsel, National Collegiate Athletic Association; Martin J. Greenberg, Managing Partner, Greenberg & Hoeschen, LLC, and Member, Southeast Wisconsin Professional Baseball Park District; Gary Johansen, Associate General Cou nsel, NGB Governance and Athlete Affairs, United States Olympic Committee; Jim McKeown, Partner, Chair, Antitrust Practice Group, Foley & Lardner LLP; and Irwin P. Raij, Partner, Regulatory Industries Department, Vice Chair, Sports Industry Team, and Member, Government and Public Policy and Real Estate Practices Teams, Foley & Lardner.

The conference is from 8:30 am to 5:30 pm on Friday, October 23rd. Complete details of the conference, including conference panels and participants, registration costs and forms, the official conference hotel, and conference sponsors, are available on the web at http:/ /law.marquette.edu/jw/2009conf.

* * *

Legal Issues in the Americn Olympic Movement Symposium at University of Baltimore School of Law

Professor Dionne Koller passes along info about what looks to be a terrific symposium on Thursday, Oct. 29th at the University of Baltimore School of Law:

* * *

What should America's Olympic goals be? How should we – and can we – accommodate diversity in the Olympic movement? How does the United States Olympic Committee resolve athlete disputes and deal with allegations of illegal doping?

Join the University of Baltimore's Center for Sport and the Law for its inaugural amateur sports symposium on Thursday, October 29. From Doping to Diversity: Legal Issues in the American Olympic Movement will explore a wide range of topics including those above. Panelists for the day-long event include: Bob Bowman, head coach and CEO of the North Baltimore Aquatic Club; Travis Tygart, CEO of the United States Anti-Doping Agency; and Deedee Corradini, president of U.S. Women's Ski Jumping and former mayor of Salt Lake City. A morning keynote address will be delivered by Doug Logan, current CEO of USA Track & Field and former commissioner, president and CEO of Major League Soccer.

For information about the day's events, please visit the agenda page (at right). This event is free and open to the public, but pre-registration is requested by October 23, 2009. To register online, visit the online registration page. For more information or if you prefer to register by phone, please call 410.837.4468.

* * *

I guess I just don't always play well with others

Growing up in Texas I learned at an early age that if you've got a problem with someone for what they said or did, you talk to that person about it. Face to face. It was called being a man (or in this age of enlightenment -- being an adult). Attacking someone anonymously was, and remains, the act of a coward.

I had to deal with a coward down in Fort Bend County this morning. While I don't know with absolute certainty who that coward is, I have a pretty damn good idea. And if that coward is reading this post, I would appreciate it if you would act like an adult and acknowledge yourself. I'm not holding my breath, however.

I had a client appearing on an arraignment setting on a second DWI. After the docket was called, the bailiff (and I want to make this crystal clear -- the bailiff who was involved in this situation handled everything professionally and treated everyone involved with the utmost respect) took my client into the back hall and asked me to come with him. It turned out that Judge Lowery had signed an order revoking my client's bond for an alleged violation of a bond condition that the assistant prosecutor couldn't even point out.

That same prosecutor told me my client had two options this morning: he could accept her offer or he could go into custody until a new bond was set.

I asked the prosecutor if we could approach the judge to discuss this alleged violation and she said no. She told me that only the judge who signed the revocation order could hear the matter. So I headed upstairs to find out when we could get a hearing scheduled. On the way out I told the assistant prosecutor she had a problem with her probable cause affidavit and that we would need to approach the judge on that issue as well.

So up to Judge Lowery's court I went. Just before it was my turn to approach the bench, who should appear out of nowhere? Oh my, it was the assistant prosecutor! She and the judge proceeded to have a conversation -- I think it's a fair bet that they were discussing my client's case without my being present. Oh, what's a little ex parte communication between friends, anyway?

Judge Lowery then told me that we would have to go back downstairs to request a bond hearing after the sitting judge returned from out of town. Interestingly enough, on the revocation order, the judge had written that there would be no new bond until a hearing was held but then it would be set at a given amount with enumerated conditions. First the verdict, then the hearing?

Now it's back to the original court where we approach the judge on my motion to dismiss the information due to an invalid probable cause affidavit. During our time before the judge, the assistant prosecutor not only mislead the court on the purpose of our appearance in court this morning -- she also proceeded to argue a motion that wasn't before the court. Of course we should have a pretty good idea of how my motion before the bench fared. Ironically enough, without being asked, the judge set the bond at the amount listed in the revocation order along with the listed conditions.

As I left the courtroom the bailiff (the same gentleman I mentioned previously) asked me to come outside to the hallway so we could talk. I knew this couldn't be good. I know I was being a pain in the backside of the court and the prosecutor -- but that's my job -- but I couldn't think of anything I had done that would fall outside the lines. What happened next shocked me.

The bailiff told me that Judge Lowery told him that another attorney told her that I had alcohol on my breath. I told the bailiff that I had not been drinking. He told me he didn't want to take me in for public intoxication (WTF?) and asked if I thought I was okay to drive. I assured him I was. He then told me he didn't think I was drunk because he heard me arguing the law to the judge. I told him I knew he was only doing his job and I left -- steamed beyond all belief.

Now who is this coward of whom I speak? Before I approached Judge Lowery I was among my brethren on the defense bar. The only other attorney at the bench when I approached was the assistant prosecutor.

I'm not going to sit here and tell the world that an assistant prosecutor in Fort Bend County slandered me before the bench -- behind my back, no less. I'm not going to sit here and tell the world that an assistant prosecutor in Fort Bend County tried to have me arrested because I wouldn't roll over. I will say this much, however. If Judge Susan Lowery thought I was intoxicated or smelled of alcohol in court this morning - she didn't have the decency to tell me to my face.

I have a damn good idea who the coward is. I'm also willing to bet that he or she isn't going to come forward anytime soon. Always remember that a brave man dies but once while a coward dies a thousand times.

Stealing signs and breaking the law

Dave Hoffman at Concurring Opinions offers some thoughts about players stealing signs and what it tells us about the rule of law. The video of the latest controversy, involving Joe Mauer of the Twins, is below.

I mostly agree with Dave's comments. I would add that there is, and always has been, a "frontier justice" element in baseball that umpires (the formal law) have largely been powerless to regulate.

What part of no probable cause doesn't she get?

Probable cause is the level of proof needed to support an arrest decision. It is more than reasonable suspicion, but far less than a preponderance of the evidence. It is all the proof the Texas Department of Public Safety needs to suspend your driver's license if you were arrested for driving while intoxicated.

Recently I appealed an ALR suspension and got a reversal. In the order reversing the administrative license suspension, the court found that "the evidence was insufficient to establish that probable cause existed to believe that the petitioner had lost the normal use of his mental and physical faculties due to alcohol intoxication at the time of his arrest."

In other words, there wasn't probable cause to arrest my client for driving while intoxicated.

The order went on to reverse the suspension and remanded the case "for further proceedings consistent with this judgment." (Emphasis added.)

In order to suspend a driver's license when the driver declines to take a breath test, the DPS must show:

1. that reasonable suspicion to stop or probable cause to arrest the driver existed;

2. that probable cause existed that the driver was driving while intoxicated;

3. that the driver was placed under arrest and asked to submit to a breath test; and

4. that the driver declined the breath test.

The attorney for the DPS apparently had a hard time figuring out what probable cause was as she refused to dismiss the case and insisted on a rehearing - still claiming that the suspension should be upheld because the traffic stop was good. Of course the administrative law "judge" didn't seem to grasp the concept of probable cause either as he denied my motion to dismiss based on the county court's order reversing the suspension.

The deck is already stacked against citizens accused of driving while intoxicated fighting a license suspension. The problem is only compounded when the attorneys for the DPS and the administrative law "judges" can't figure out what probable cause is.

The saga continues...

Forensic panel cancels meeting after Gov. Perry dismisses three members

Forty-eight hours before the Texas Forensic Science Commission was set to meet to discuss a report that was critical of the arson investigation in the Cameron Willingham case, Governor Rick Perry replaced three members of the commission, forcing it to cancel Friday's meeting.

The impeccably coiffed governor named Williamson County District Attorney John Bradley and forensic scientist Norma Jean Farley to take the now-vacant seats on the commission. The third new member will be named after the Texas Association of Criminal Defense Lawyers (of which I am a member) provides a recommendation.

Perry told The Associated Press the terms of the dismissed board members were expiring and replacing them "was pretty standard business as usual." But several board members have served more than one term and had their appointments renewed.

Earlier this month, Perry expressed confidence in Willingham's guilt and derided reports questioning the arson investigation, referring to their authors as "supposed experts." He said he had not "seen anything that would cause me to think that the decision" to execute Willingham "was not correct."

Craig Beyler, an arson expert from Baltimore, issued a report that was highly critical of the investigation undertaken by Deputy State Fire Marshal Manuel Vasquez in the Willingham case. Appointing a prosecutor, especially from Williamson County (north of Austin), is a nice touch from the blow-dried one since most prosecutors just assume that if you're a defendant that you must be guilty.

Nixon had his Saturday night massacre, Perry has his Wednesday night drive-by.

I guess the anticipation was just too much for Perry to bear -- after all, it doesn't do much for one's reputation to be the one in charge when an innocent man was sent to his death.

In other news, the fox has been been chosen to guard the hen house.

Big Win for NHL as Judge Rejects Balsillie Bid for Coyotes

Opening Night for the NHL's new season just became a more festive occasion as bankruptcy judge Redfield Baum rejected Canadian billionaire Jim Balsillie $242 million bid for the Phoenix Coyotes, concluding that it would interfere with the league's relocation rights and procedures. As many know, Balsillie sought to move the ailing team to Hamilton, Ontario, causing consternation to both the Toronto Maple Leafs and the Buffalo Sabres and to the league itself. "In the final analysis, the court cannot find or conclude that the interests of the NHL can be adequately protected if the Coyotes are moved to Hamilton without first having a final decision regarding the claimed rights of the NHL and the claims of the debtors and (Balsillie)," he ruled.

There was no love lost between the league and Balsillie, as the NHL Board of Governor rejected his application for ownership by a 26-0 vote in July. Click here for more. But what was particularly sweet was the fact that the judge dismissed the bid "with prejudice" so that Balsillie cannot rebid. He is out of the running for the team and accepted the result in a public statement.

However, it was not a complete victory for the NHL. Judge Baum rejected the NHL's bid of $140 million because it failed to satisfy two important unsecured creditors, owner Jerry Moyes and former head coach Wayne Gretzky.

I have not read the 28-page opinion as of yet, but based on the media reports, this is a victory for league governance. To have a candidate take control of a team by judicial fiat, despite the strong feelings of the league and its owners, would greatly weaken the traditional control sports leagues have over admissions, relocations and sales of franchises.

I suspect that the league will attempt to find a new bidder (or maybe get Jerry Reinsdorf to make another bid) or will have to bid a higher amount to take control of the team during its period of uncertainty. The NHL could well live with both of these alternatives.