E. Michael Harrington

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I just finished my 5,000 word expert witness report. Not that I knew it would be 5,000 words or that that number matters. But with all that has been going on at the workplace, and in many side projects, great conversations with friends and strangers, far too many emails, volunteer gigs, lack of sleep and more, it is good to finally go slower.

My only "free" time in the past few weeks has been spent hiking Nashville's beautiful Radnor Lake but even then I am multitasking as I listen to podcasts, mostly tech in nature. My favorites are

T.W.I.T. (This Week In Technology)
CNET
Wired
NOW (from PBS)
Go Digital (from the BBC)

And, the damn funny

ONION Radio News

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NPT is running a show now about BAD Dogs - home wreckers, poorly behaved pooches, dogs with bad traits (I wonder if I have any of them) and worse - who have been forsaken.

There is no such thing as a bad dog. Bad people, certainly. I know a few. One runs a music school, one is a vice president and one is on trial in Iraq for killing a lot of his citizens.

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Holly is one of the bad dogs who has gone good in a few weeks of training. Holly has become sniffer extraordinaire as Holly can sniff out one person who was one of 10,000 fans at a baseball game the day before. Since the game, there has been a lot of rain and the stadium was cleaned, yet Holly could find where the guy had been sitting. How amazing!

Holly is a tracker dog and is now going to work for the Massachusetts State Police. I wish her well. I hope she gets some downtime on her new job. She’d love the Middle East, John Harvard, and Johnny D's, some of my favorite restaurants in Massachusetts. I hope Holly enjoys them as much as I do.

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I am going to start having a life.

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OH YEAH!!!!! The biggest news in Massachusetts, New England, and with The Cult of Red Sox - to hell with 32 year old traitor-liar with the wussy arm, Johnny "I'll shed my morals and my hair for the right price" Damon. We in Red Sox Nation, just got a better player who is not an almost ancient 32 years old. Coco Crisp is only 26 years old. YEA! The Yankees have not shipped off two their young players but as usual, they love to spend foolishly on old guys. Cheney the Yankees.

We just signed >>>>>>>>>>>>

COCO CRISP.

We got him in a complicated 3-for-4 players and $1 million trade with Cleveland. And all of this because our Boy Wonder, Theo Epstein, returned as General Manager. The last 80 or 90 days had been very troubling for we RED SOX CULTISTS. I had tried not to think about it too much and certainly did not write about it, but now I can pretend that Theo had never left. Like the old TV show, DALLAS, the last 90 days were only a DREAM......

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The RIAA want to do away with FAIR USE. Like the U. S. Copyright Office itself, they do not respect old quaint relics like the U. S. Constitution. They and their Congressional bend-over men and women are putting forth what they consider to be a new and improved version of fair use. They are calling it, "customary historic use." (This so reminds me of the Pentagon who for a period referred to death as "negative growth enhancement.") The RIAA and their cohorts want us to ONLY GO THIS FAR. WHAT GREAT STUFF WE NOW HAVE, WE CAN KEEP, if it is in accord with law or any soon-to-be law. But, if a new technology comes along, IT'S THEIRS TO CONTROL. We can't have it. Whatever any new technology has to offer, we the public can't have and, despite the fact that humans in a free society have always reaped the benefit of new inventions, the RIAA feel that new technologies and discoveries are not to be trusted. The RIAA and their ilk feel that, just like people, new technologies and invention might end up disappointing you.

This is the same group that thinks that nothing should be invented until the invention has been thoroughly investigated to prevent any potential illegal uses of the invention. If it takes five years to determine what could be bad about an invention, better to wait five years before it is released to the public. These are the people who believe that nothing should ever be done for the first time. These are our North Korean communists. We don't have real North Koreans here so these will have to do.

Their unbelievable and most backward line and bad doing/concoction/Orwellian phrase is found in H.R. 4569, the "Digital Transition Content Security Act of 2005."

http://www.eff.org/IP/Video/hr4569.pdf

"customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law."

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Here is some analysis of the "Digital Transition Content Security Act of 2005" from the EFF website:

http://www.eff.org/deeplinks/archives/004340.php

January 20, 2006
New Senate Broadcast Flag Bill Would Freeze Fair Use
Draft legislation making the rounds in the U.S. Senate gives us a preview of the MPAA and RIAA's next target: your television and radio. (Please write your Senator about this!)
You say you want the power to time-shift and space-shift TV and radio? You say you want tomorrow's innovators to invent new TV and radio gizmos you haven't thought of yet, the same way the pioneers behind the VCR, TiVo, and the iPod did?
Well, that's not what the entertainment industry has in mind. According to them, here's all tomorrow's innovators should be allowed to offer you:
"customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law."

Had that been the law in 1970, there would never have been a VCR. Had it been the law in 1990, no TiVo. In 2000, no iPod.

Fair use has always been a forward-looking doctrine. It was meant to leave room for new uses, not merely 'customary historic uses.' Sony was entitled to build the VCR first, and resolve the fair use questions in court later. This arrangement has worked well for all involved -- consumers, media moguls, and high technology companies.”

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WOW – the new season of the SOPRANOS looks to be perfect as ever.

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Posted by EMH at 11:26 PM | Permalink | Comments (0) | TrackBacks (0)

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THERE IS GREAT NEWS FOR GOOGLE and the manner in which search engines function. A search engine has to copy copyrighted material as we, the searchers, have to be able to read a part of that copyrighted material. This is an excellent example of FAIR USE. Despite the exclusive rights given to all copyright owners, we the public have the right to use works without the copyright owner's permission if our reason(s) for doing so outweigh the copyright owner's reason for not allowing us to do so.

From my favorite part - Section 107 - of the U. S. Copyright Act:

http://www.copyright.gov/title17/92chap1.html#107

From the EFF homepage:

"A federal district court in Nevada has ruled that Google does not violate copyright law when it copies websites, stores the copies, and transmits them to Internet users as part of its Google Cache feature. The ruling clarifies the legal status of several common search engine practices and could influence future court cases, including the lawsuits brought by book publishers against the Google Library Project."

http://www.eff.org./news/archives/2006_01.php#004345

The decision in Blake v. Google can be read here:

http://www.eff.org/IP/blake_v_google/google_nevada_order.pdf

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The RIAA are doing very well in some areas. On the one hand, fewer people are buying CD's. There are several good reasons for the decline in CD sales. CD's are a 24 year old technology, and there are now better ways of obtaining music - as good as Amazon and as improved as some retail stores are (Newbury Comics, Amoeba and a few others), it is tough to compete with the more instant, downloaded stuff. CD's cost too much, even with the decline in prices over the past few years. When the soundtrack to a film costs as much, more or a little less than the DVD that contains the soundtrack and the film, the customer will catch on. CD's also have to compete with many more forms of entertainment than in past years.

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Very importantly, if one buys a CD in a store, it is not guaranteed that one has just purchased a Trojan horse, i.e., a CD that has been enhanced to install software on the user's hard drive to spy on its user, and open the user up to internet viruses. In October 2005, Sony BMG released thousands of CD's that contained a nasty rootkit that caused harm to thousands of their customers who were simply "doing the right thing" - buying CD's in stores with the assumption that they were old fashioned CD's that simply played and did not spy and open up one's computer to potential invasion.

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But the RIAA and MPAA have been very successful at getting into government. They are firmly in power in the U. S. Copyright Office, for example, and have gotten the U. S. Copyright Office to remove from its website its constitutionally mandated charge. Like it or not, and the music and film industries do not, copyright in the U. S. exists "to PROMOTE the PROGRESS of SCIENCE and the USEFUL ARTS by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." That is not opinion but part of the U. S. Constitution (Article 1, Section 8.)

The first copyright law in the U. S. was enacted in 1790 and signed by President George Washington. It was called, "An Act For The Encouragement of Learning..." something that the U. S. Copyright Office, following their friends RIAA and MPAA would rather the public not know.

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The RIAA are also doing very well at dictating to 3 of the 5 FCC commissioners how the FCC should conduct their business. The FCC, because of the 3 commissioners who side with the RIAA and MPAA, had mandated that future digital television tuners contain anti-copying technology - a "broadcast flag," so that the public's fair use rights would be curtailed in the name of protecting intellectual property. Fortunately, however, on May 6, 2005, the FCC were defeated by a consortium of nine organizations. The DC Court of Appeals found that the FCC had over stepped its charge and that it did not have the authority to mandate a broadcast flag. The case, ALA v. FCC, can be read here:

http://www.eff.org/IP/Video/HDTV/ALA_v_FCC/

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But as expected with big money, the RIAA and MPAA are now trying to enact the flag, excessive control and exert their power in Congress. On Tuesday, the Senate Commerce Committee held a hearing on the Broadcast and Audio Flag. It can be heard at the site below. Note the deference paid to Andy Setos of Fox and Mitch Bainwol of the RIAA. Many members of Congress are only too happy to cavort with those with power and money.

http://commerce.senate.gov/hearings/witnesslist.cfm?id=1704

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THE PRESIDENT HAS DECIDED THAT SOME CONVERSATIONS DURING HIS HURRICANE KATRINA VACATION NEED TO BE KEPT QUIET. Hurricane Katrina hit New Orleans and the Gulf area during a Bush vacation. Bush had the time to travel and speak about his Social Security reform agenda and relax in Texas. SEAN PENN, CNN and many volunteers were able to reach New Orleans days before Homeland Security Secretary Michael Chertoff and FEMA head, Mike "BROWNIE, You're Doing A Heck Of A Job" Brown, and real Federal aid did.

Helping Congress investigate what went wrong and why more than 1,000 people died and why more than 1,000 people are still missing is something not political. The Bush Administration needs to cooperate with Congress and quit shamefully asserting claims of executive privilege. Republicans also died in Katrina.

http://www.nytimes.com/2006/01/25/politics/25katrina.html?_r=1

Of course this is the same president who stonewalled the investigation of 9/11 and would not answer questions under oath about 9/11 and then only answer questions if asked in the presence of one of his three fathers - not George Herbert Walker Bush, and not GOD, his "Higher Father," but DICK CHENEY.

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The film, BUBBLE, will be released tomorrow. Hopefully movies and DVD's will be simultaneously released in the future, and theater owners will be frightened into improving the theater going experience.

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On FRIENDSHIP - "I DON'T TRUST HIM. WE'RE FRIENDS." - BERTOLT BRECHT

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Posted by EMH at 09:03 PM | Permalink | Comments (0) | TrackBacks (0)

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I TRUST GOOGLE MUCH MORE THAN I TRUST THE G. W. BUSH ADMINISTRATION.

Google did not lie to me about weapons of mass destruction or Iraq's involvement in attacking the U. S. on 9/11. I don't believe Bush is looking for porn, porners, pornees or any other thing, porn. I think Bush is worst case Nixon - they want to know what their enemies are doing and they think they have many domestic enemies. I am thrilled that Google has said NO to Bush. This Republican president, and any future Republican or Democratic or Whig, Green or Satanic Party president, should never be trusted without reservation. The government needs to respect and protect its citizens' privacy and freedoms. Presidents need to follow the law especially when survillance/search can be done prior to a judge's approval.

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KARL ROVE thinks he is in the clear, with respect to Special Counsel PATRICK J. FITZGERALD trouble, and is speaking in public telling fellow Republicans that they'll do well if they keep playing the FEAR CARD because Democrats wouldn't mind if the country was attacked by terrorists as long as they could have their civil liberties. Electing Democrats will mean we'll be attacked. Of course, Dick "Go F*^$ yourself" Cheney repeated that in the 2004 election. Whenever there is Rove, there is debasement, character assassination, sleaze and legal/pseudo-legal shameful tactics.

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MARK CUBAN will be firing a shot that will hopefully be heard 'round the world on Friday, January 27, 2006 with the release of the film, BUBBLE, in theaters. The film will also be in theaters but so won't the DVD of BUBBLE on the same day at the same time. This is exactly what the National Association of Theater Owners fear most - channel conflict.

It's supposed to work this way - Hollywood spends millions of dollars making a film, the theater owners are supposed to feel blessed and fortunate enough to "receive" it, millions are spent to promote the film, and nothing contrary should happen. The film is then to be exploited as hardcore and single-mindedly as possible until Hollywood deems it is time to crank up another promotional program for the film's DVD to be released and pushed to the "blessed" buying public. The DVD phase should not happen for 6, 9 or 12 months after the film's first release to the theater owners.

NO ONE WOULD EVER RELEASE THE FILM AND THE DVD at the same time - no one, that is, until billionaire visionary, and guy who respects and listens to the public, Mark Cuban, chooses to change the practice. Cuban feels that customers should have the option to buy the DVD, watch Internet streaming of the film, or go to the theater to see the film on the first day of a release.

It has been obvious to many of us that we, the public, should have what we want, when we want it, and how we want it. (In 1967, Jim Morrison sang, "We want the world and we want it now...now?...NOW.") Technology has made this possible despite the war against the public waged by some in the MPAA and RIAA. Those who resist will either have to change quickly or be left behind.

I expect Cuban will be successful and the old model will have to change.

In Cuban's words:

http://www.blogmaverick.com/entry/1234000010073495/

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At a classical music CD release party Thursday, I met an oboe/english horn player (as well as many other people). Within a few minutes I needed to know just what he knew, so I said to him >>>

"DELIGHTED, DEVASTATED" to which he replied correctly, "DILAPIDATED."

I then said >>>

'ENCHANTED, ENRAPTURED" but he could not reply correctly. If you are reading this, do you know the answer? I know the very busy Tampa resident, J. Hurwitz, will know but I bet he is not reading this right now.

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I'VE NOT BEEN BLOGGING BECAUSE MY LIFE IS OUT OF CONTROL AND I AM TOO DAMN BUSY. Soon, I hope my extra projects are finished and I can just revert to being busy, meeting many new people, and having a great personal life, maybe one quarter as good as the worst day in New York City.

The best news is that the workplace is excellent and I am working out and getting healthier and stronger. Spoken in a deep, low pitched resounding voice: "Strong like bull..." Yes, I am - almost a bull. Almost bull.

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Sadly, the two West Virginina coal miners have been found dead. This mine, like the Sago mine, had many safety violations. The Bush Adminsitration, like past Republican adminsitrations, does not want government interference and regulation but there are times when if the government is not the watch dog, no one else will be. Government is usually not the enemy in the United States.

The whale died in England.

Steve Martin and Kevin Kline and Beyonce are in another re-make of PINK PANTHER.

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about SIGMUND FREUD

"I think he's crude, I think he's medieval, and I don't want an elderly gentleman from Vienna with an umbrella inflicting his dreams upon me." - Vladimir Nabokov, 1966

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Posted by EMH at 08:49 PM | Permalink | Comments (2) | TrackBacks (0)

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I AM INTELLECTUALLY CURIOUS. NO, I'M JUST CURIOUS. Describing myself as "intellectually curious" - using the word, "intellectual" - is obnoxious and pompous and would imply I am intellectual. Rather than edit those sentences out, I'll just prod on as this is only a blog in which I diarize.

"Better to have blogged foolishly than to have never blogged at all. " Or have I just paraphrased that "better to have loved" saying?

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Back to "intellectual." INTELLECTUAL PROPERTY is not my term. I am curious about Intellectual property - copyright, trademark, patents, right of pubicity, trade secrets, and on and on. It is also "fun" to see acts of government and how our tax dollars are working against us, via the U. S. Copyright Office or the U. S. Patent and Trademark Office, for example. (NBC's nightly news used to do a "The Fleecing of America" segment in which they showed how wasteful Congress was in spending. There is more to waste than just Republican Senator Ted Stevens of Alaska and his bridge to nowhere.) When our government grants exclusive rights to citizens, it should be for worthy endeavors, inventions, creations or branding.

One of the best places to see STUPID at work is in the field of trademarks and service marks - not that "stupid," is bad, though. STUPID can be comedic and often is. STUPID can also tell us so much about our society.

TRADEMARKING religious icons, for example, reveals a lot about what people value, what they are trying to sell, what some consumers value (P. T. Barnum's "there's a sucker born every minute" really comes to mind), and how an institution as supposedly NOBLE as the U. S. P. T. O. can really be as IGNOBLE and crass as the ignoble-est and crass-est.

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Last year there were over 600 federal trademarks that featured the name, "Jesus." As of a few minutes ago, there are over 800. Obviously, JESUS sells or he wouldn't keep getting trademark registered.

WHAT WOULD JESUS TRADEMARK, I wonder.....

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Here are some actual registered JESUS trademarks along with my snide comments:

VELVET JESUS - I wonder if HE is the dealer at a poker game, and how recent is this velvet painting

Jesus Juice - now anyone can drink with minors

Sweet Jesus Chocolate - chocolate is seduction and if this doesn't work, nothing will

Jesus Aguilera - the refined brother of a tawdry singer

Praise Jesus Sleepwear - to be used with Jesus Juice and/or Sweet Jesus Chocolate

The Home of Jesus Christ - your donations will make this happen - an excellent crib just down the road from Benny Hinn's palace

Custom Made By Jesus - if it isn't the best kitchen device you've ever bought, I don't want you to keep it

Jesus University - the place other Christian universities covet - had they only thought this up name first.....

Jesus Is My Guru - at least this trademark holder is not so pompous as to call himself a guru. Perhaps there could be a Gurus for Jesus group if only self appointed gurus could be so humble.

Millionaires For Jesus - Jesus loves us more than you - that's why he made us richer than you

More Jesus later......

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REPUBLICANS and DEMOCRATS are waging a war on who can distance themselves better from conflict of interest and lfe as they normally practice it.

IT' IS FUN TO WATCH WASHINGTON "GET RELIGION" (just a phrase - they and I don't mean it) as everyone is trying to distance themselves from the world's least popular, greatest pariah kind of guy - JACK ABRAMOFF. I am certain that many wish Jack Abramoff had been in that bombed little house in rural Pakistan as if Jack were not alive, he would not be able to testify.

But he is alive and I really look forward to his making my 2006 one of the finest comedic years ever. What Jack knows and all of his emails will make for great news and TV (he wears one cool retro hat). I just hope that Jack's time in the spotlight in 2006 is not overshadowed by SCOOTER LIBBY, KARL ROVE, TOM DELAY or other natural disasters such as hurricanes, earthquakes or volcanoes.

I also hope that Jack Abramoff doies not get blamed for any upcoming natural disasters. Abramoff will probably get blamed as Pat Robertson and Ray Nagin understand God's thinking and working ways far better than I do.

To be continued.....

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The President seems to have little respect for privacy of Americans. That's another good story needing to unfold.

Here is some more bad stuff - a company that specializes in invasion of privacy. The sophisticated technical term for their business is, "creepy."

http://locatecell.com/

To be continued......

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Posted by EMH at 07:40 PM | Permalink | Comments (1) | TrackBacks (0)

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ON THIS DAY IN 1984, one of the greatest U. S. Supreme Court decisions was handed down from on high to the rest of us. Although the film industry had strongly asserted the claim that the END OF THE WORLD WAS NEAR if Sony were to be able to manufacture and sell their END OF THE WORLD TECHNOLOGY known as the videocassette recorder (yes, that sweet, docile, roll-over-and-fetch, VCR), the U. S. Supreme Court ruled that the VCR could be allowed out of the shackles imposed on it by the Motion Picture Association of America (MPAA) and their lawyers and that consumers could purchase these frightening machines.

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Jack Valenti, then President of the MPAA, speaking on April 12, 1982, before the Committee on the Judiciary of the House of Representatives, said.........

"I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone."

I like that "I say to you" line as it reminds me of another "serious" speech given by Delta House's "Eric Stratton" to a disciplinary board at Faber College, in the film, "Animal House." Eric's Delta fraternity was in danger of being tossed out of Faber College for their insistent quasi-illegal behavior when he said, "I SAY TO YOU GREG...." (speaking to the board and right-wing brown-lipstick-wearing student, "Greg Marmalade") and went on to assert that attacking his fraternity of wild guys was tantamount to attacking the United States and that he wasn't going to stand around and let anyone attack America!

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THE GREATEST of the GREAT QUOTES from the SONY decision is:

"Accordingly, the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses." U. S. Supreme Court Justice John Paul Stevens in SONY CORP. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S. 417 (January 17, 1984)

The entire wonderful 5-4 decision (God bless you, Sandra Day O'Connor) can be read here:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=464&invol=417

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AND THIS MORNING, in another important U. S. Supreme Court decision, the USSC upheld Oregon's assisted suicide law. From today's NY Times article:

"The Supreme Court upheld Oregon's assisted-suicide law today, declaring that the Bush administration had exceeded its authority in trying to undo the statute by punishing doctors who help people end their lives.

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In a 6-to-3 decision, which would apply to other states if their people chose to follow Oregon's lead, the court held that former Attorney General John Ashcroft went well beyond his authority and expertise when he ruled in 2001 that doctors would lose their federal prescription privileges if they prescribed lethal doses of medications for patients.

Justice Anthony M. Kennedy, writing for the majority, acknowledged that the long-running battle over the Oregon law is part of a "political and moral debate." But the issue for the court, he noted, was a more technical, down-to-earth one: Did the attorney general go beyond his powers under the Controlled Substances Act of 1970?

Clearly, he did, Justice Kennedy wrote, in an opinion joined by Justices John Paul Stevens, Sandra Day O'Connor, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer..."

http://nytimes.com/2006/01/17/politics/politicsspecial1/18scotuscnd.html?hp&ex=1137560400&en=e9746d858a787189&ei=5094&partner=homepage

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Q. WHAT'S UNUSUAL ABOUT THIS BLOG?

A. I'm authoring this via Firefox and not Safari so I can now do links, bold font and probably much more. Bells, whistles, outward appearances, substance-less but pretty, and so on. I can now be even more shallow but can start to approximate the looks of those finer blogs from the finer parts of town. You can now read this blog with your doors unlocked.

I live in a Stepford Wives neighborhood. It's about time I live up to being a Stepford-er myself, eh? (Is "eh" Canadian for "huh?" I think it is.)

Sadly (for some) to be continued....

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Posted by EMH at 01:24 PM | Permalink | Comments (0) | TrackBacks (0)

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LIKE MOST PEOPLE, I GET A LOT OF JUNK EMAIL. The most recent this morning is titled, "Christian lenders compete to give you the best home loan." Because I just started drinking my chai tea and my favorite drug has not yet kicked in, I thought it was that oldie but goodie - "Christian ladies want to meet you."

Sorry to both solicitors, but this is not the time for a Christian loan or a Christian woman.

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But in 5 lines from their email, these Christian lenders brag:

Bad credit? No problem
No obligation
Free online quote
Guaranteed low rates

.................and then my favorite.................

BASED ON CHRISTIAN PRINCIPLES

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I don't buy this BASED ON CHRISTIAN PRINCIPLES nonsense. I can make some good arguments as to why loaning money could hardly ever be CHRISTIAN. I think Jesus Christ spoke about giving away things, not locking in low interest rates that were tied to Fed rates. What is a CHRISTIAN interest rate? Would these Christian loaners loan money to Minnesota's THE IMPALER, the High Priest of Satan who is running for Governor of Minnesota? (See an earlier blog if you don't know The "I.") If the loaners are Christian don't they have to love their neighbor even if they don't live in THE IMPALER's neighborhood? Isn't "neighbor" a big and embracing concept like Mr. Rogers' "television neighbors" and therefore aren't we all "television neighbors" or simply, "neighbors?" But I digress.....

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JUDGE ALITO WILL BE ON THE U. S. SUPREME COURT. That is too bad if one cares about those with little or no power as Alito always sides with power and the federal government. It is almost as bad because hs is being rewarded for his LACK OF HONESTY and very good acting skills last week.

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I have very little respect for a public figure/politician running for office (Alito CERTAINLY is a public figure/politician running for office) who is gutless, and has beliefs but will not state them when asked. One knows where Ronald Reagan stood on issues. One knows where Ted Kennedy stands on issues. Both Reagan and Kennedy ran for many elections and won, in part, because people know where they stand.

Alito was running for office and only needed 51 votes. His party had more than enough votes to get him elected. He is pro-life and anti-abortion but one only knows that from a job application. He refused to realistically answer hundreds of questions. He answered them but unrealistically. Alito was like many slick politicians who run for office and want votes. In order not to alienate particular voters, they dodge questions and say many words to "re-frame" the question, or answer a question that might be related, or give a hint of how they feel about an unrelated issue.

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The gutless, in addition to saying almost anything to help them not alienate voters and get elected, will also dodge questions and refuse to answer questions. Based on his appearances before the Senate Judiciary committee last week, it is obvious that Alito is a very slick politician running for office and trying to get 51 votes. He is pro-life/anti-abortion, as opposed to pro-choice, pro abortion, pro killing unborn babies (or however one wants to label the two sides). I respect those politicians who will answer questions as to where they stand on this issue and others, and many politicians will.

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If Alito simply answered that question about his personal beliefs, he would still get elected, wouldn't he? And if he didn't get elected by being truthful, he would at least be a man of honor and integrity as opposed to an artful dodger, well-coached actor, spineless politician and new Supreme Court justice.

I can't imagine a guy bragging about membership in a small and elite alumni association of one of the world's best universities (Princeton), using his membership to his advantage on important job applications, and then forgetting that he was ever a member of this prestigious university's prestigious alumni group, as Judge Alito has done. That is far from believable especially for someone with Alito's intellect.

But to his credit, he is a good learner, good actor, great dodger and gave a stunning how-to-stonewall performance last week. I think many "will be able to take away from this," that "the end justifies the means."

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I went to a party last night and did not go in. I'm not yet functioning well outside of New York - perhaps it's because the Patriots lost, it was a full moon, the volcano in Alaska (although thousands of miles away) is shaking me up, and the Red Sox still don't have a shortstop or centerfielder.

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ON THIS DAY IN 2003, the U. S. Supreme Court was WRONG on copyright extension as they voted 7-2 (Justices Breyer and Stevens were correct) in Eldred v. Ashcroft to uphold the foolish, costly and anti-educational extension of the copyright term, from life of the author plus fifty years, to life of the author plus seventy years.

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THREE O'CLOCK is always too late or too early for anything you want to do. - Jean-Paul Sartre, 1938

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Posted by EMH at 10:11 AM | Permalink | Comments (0) | TrackBacks (0)

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I WAS INTERVIEWED ON WEDNESDAY by Flashnews, a really fun publication, AND GOT TO ANALYZE THREE SONGS TO DETERMINE WHETHER I THOUGHT JOHN LENNON HAD HAD ANY PART IN WRITING THEM - I was asked whether I thought John Lennon was really a co-writer in the three songs. For literally dozens of reasons, as in more than twenty-four (24), I concluded, "NO" - Lennon would not have written these songs.

As a music theorist, composer, musicologist (aside from being a lifelong passionate fan of the Beatles), I have many technical reasons why this music and especially these lyrics are not from JOHN LENNON. John Lennon may have been this guy's friend, John Lennon may have heard the music, this guy might be a wonderful and kind person who poured heartfelt expression into this music, but John Lennon did not write this stuff. To claim that Lennon did, in my opinion, SHOULD PRESENT SIGNIFICANT LEGAL PROBLEMS for this guy.

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Here's the story:

http://www.flashnews.com/news/wfn3060112J6507.html

You can hear the three songs here:

http://www.newlennon.com/songsamples.html

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John Lennon would not have written:

"We'll rent a carriage ride through the park
lay in Sheep Meadow and stare at the stars

sweet ______ go to Tavern on the Green
we'll laugh, we'll sing, and chat about things"

What's wrong with the above? Try going to Central Park at night, or ANYPLACE in Manhattan, to look at stars!!!! For many decades, New York City has been a very crowded city with extremely bright lights.

YOU CAN'T SEE STARS IN THE SKY IN MANHATTAN any more than you can feel the ocean breeze in Nebraska! It is damn idiotic to be a star gazer in Manhattan!!!!!

In addition, Sheep Meadow is closed at night.

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In addition ADDITION, why would Lennon who lived at the corner of 72nd & Central Park West, go way south and east to 59th Street by 5th Avenue to play tourist, rent a carriage (love smelling the huge sack of HORSE DROPPINGS about 2 feet away from the romantic star struck lovers in the carriage), and ride around, but certainly not to the Sheep Meadow as the carriages cannot get too close to the Sheep Meadow.

In addition addition ADDITION, if you wanted to go to Sheep Meadow, you would not bypass it by many blocks to get to 59th first and then backtrack.

AND THEN (in one more addition, and to really crank out cliches), the song goes GOES SO FURTHER DOWNHILL that it shreds any bit of credulity by bringing in TAVERN ON THE GREEN!

TAVERN ON THE GREEN? There is no such thing as a New York City resident going to Tavern on the Green!!!!!! IT DOES NOT HAPPEN. Tavern on the Green is a TOURIST thing - COMPLETELY and EXCLUSIVELY a tourist thing. T on the G does not have a view but does have overpriced average quality food. It is for tourists as it sounds really good to tell your friends back home that you ate at Tavern on the Green. (If one wants to eat IN Central Park, not on the edge of Central Park like T on the G, one should eat at the Boathouse as the view is amazing and the food is better and better priced. Many NYC residents eat/drink at the Boathouse.)

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And then comes what sounds like a chorus with the text where "Lennon," or someone, seems to now be at a loss for words,but manages to askk two stupid and needless questions:

doo di doo di doo doo oo oo, come on come o-o-on
doo di doo di doo doo oo oo, what's going o-o-on

which is followed by

our love is _______ in New York City, oh yeah
of all the places it's most pretty, yeah, yeah
sweet sweet city, oh yeah

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I THINK LENNON WOULD SAY MORE THAN "Doo" and "Di" repeatedly at the beginning of the chorus.

I also don't thik the singer needs to be asking her to "come on" as she is already there, nor would he need to askk the less-than-romantic, "what's going on?" as he has been with her for awhile in the midst of a lot of romantic stuff.

And rhyming "city" with "pretty" and then returing to "city" is beyond lame. IMAGINE (or listen to) dozens of Lennon's songs. Where is he anywhere near as AWFUL as in this song?

Enough said. On to....

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SATAN

THIS IS ONE OF THE BEST REASON WHY I DON'T GO TO COMEDY CLUBS. THE NEWS IS MUCH FUNNIER.

Minnesota gave us the Vikings and their CARNAL CRUISE this past footbal season, Governor Jesse Ventura not long ago, and now SATAN'S best friend, Jonathon "The IMPALER" Sharkey, who is running for Governor of Minnesota. Jonathon has a Ph.D., an L.D.D.D. (I don't have one of those and don't know what it is) and is a Satanic Dark Priest, Sanguinarian Vampyre and a Hecate Witch and he does alll of this on days other than Octobber 31.

His ""Magikal Path" name is: Lord Ares.

He also has one REALLY WINNING SLOGAN. It should be very easy to get elected in the Midwestern United States in 2006 with this gem of an expression (LOL):

"I despise and hate the Christian God the Father. He is my enemy."

I DON'T THINK THIS IS FROM "THE ONION," or Monty Python or SNL. I think it is straight from the IMPALER'S heart.

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The following is from J - The I = S's website:

http://www.jonathonforgovernor.us/Home_page.htmlhttp://www.jonathonforgovernor.us/Home_page.html

Honesty is very seldom heard nowadays, especially
from a politician. So, I am going to break from
political tradition. My name is Jonathon "The
Impaler" Sharkey, Ph.D., L.D.D.D. I am a Satanic Dark
Priest, Sanguinarian Vampyre and a Hecate Witch.
My Magikal Path name is: Lord Ares.

I despise and hate the Christian God the Father. He
is my enemy.

However, it doesn't mean that I hate all his
followers. This Country was founded on religious
rights and freedoms. This is guaranteed under the
1st Amendment of our great constitution. This right
allows me to worship Lucifer and the Goddess
Hecate, just as it allows you to worship the
Goddess/God of your choice.

It is a common misconception that Satanic people
are evil. This is a gross misunderstanding. On a
whole those who worship Lucifer, are no more evil
than those who worship other Gods.

NOTICE IN THE MIDST OF IT ALL, HE states "GODDESS" before "GOD.""

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Off to the rest of my day. Go Patriots!

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Posted by EMH at 07:40 AM | Permalink | Comments (0) | TrackBacks (0)

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ON THIS DAY IN 2005, PRESIDENT GEORGE W. BUSH ADMIITTED THAT something went wrong in intelligence gathering in Iraq but that invading Iraq was "ABSOLUTELY" worth it.

From the Reuters story, January 12, 2005:

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WASHINGTON (Reuters) - The U.S. force that scoured Iraq for weapons of mass destruction --- cited by President Bush as justification for war -- has abandoned its long and fruitless hunt, U.S. officials said on Wednesday.

"I felt like we would find weapons of mass destruction ---- like many ---- many here in the United States, many around the world," Bush told ABC's Barbara Walters, according to excerpts from an interview airing on Friday.

Bush said "we need to find out what went wrong in the intelligence gathering," and that the invasion was "absolutely" worth it even if there were no weapons of mass destruction.

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IF I WAS A PROFESSOR AND HAD TO TEACH (or be present on) THE FIRST DAY OF A SURVEY OF MUSIC BUSINESS CLASS, what would I say, and ask? Some of this stuff, I guess -

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There was a study released yesterday of the effect of the music industry on Nashville.

http://www.nashvillechamber.com/president/musicindustryimpactstudy.pdf

Some of the highlighhts include:

What are the Top 3 industries in Nashville?

1. Healthcare - there are a lot of old people and baby boomers pretending that they're not old who are living longer and getting sick in more creative ways.

2. Publishing - publish the Bible, the CORRECT ONE and all of those wrong ones. Publishing covers other stuff too, not just Bibles. I meant for levity, like that book in the Bible.

Which leads us to this:

3. Music - there are 19,000 + employees. Remember the John Sebastian song, ""Nashville Cats?" He mentioned that there are 1,352 guitarists in Nashville and he was writing that back in the 60's, one long century ago. Part of his song:

"Nashville cats, play clean as country water Nashville cats, play wild as mountain dew Nashville cats, been playin' since they's babies Nashville cats, get work before they're two

Well, there's 1352 guitar pickers in Nashville
And they can pick more notes than the number of ants on a Tennessee ant hill

Yeah, there's 1352 guitar cases in Nashville
And anyone that unpacks his guitar can play twice as better than I will"

YES, SOME OF THE MUSICIANS IN THIS TOWN ARE - "twice as better" - THAN MANY ELSEWHERE.

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The study also found that the average music industry salary is $37,200. I don't believe that just yet as I think it is closer to $23,700 or $7,230 or $3,207 but I'll leave this subject and read the report carefully later.

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To change the subject - I've been gone from Nashville since late July and just found out that -----

Barry Gibb of the Bee Gees bought Johnny Cash's estate. The house is more than 14,000 sq ft., which means Barry Gibb's new Cash Estate should hold about 43 Manhattan studio-size apartments.

Barry Gibb is fixing up the place. He intends to fix it up "twice as better" as anyone else could.

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BACK TO THE EARLIER subject

Questions -

Do you listen to radio? Terrestrial radio? Stern, i.e., satellite, radio? XM? Sirius? If so, is it because the car you bought came with it? Did you get XM or S because of sports, talk, music, price, hate commercials, hate short playlists of T radio? Other? Do you like/love/dislike/hate T radio? S radio?

Have you bought a CD in 2006? In the last 6 months? The last 6 months and 6 days? How many did you buy? Where did you buy them? Tower? Newbury Comics? Amoeba? At a mall (I extend my fullest and deepest sympathies to you as you had to be in a mall, and you really paid too much)? Amazon (YEA, the BEST!)? Online MP3's MP4's MP higher number than 4? Online - from Apple or OTHER? CD Baby? Starbucks? Have you burned a CD at a CD burning kiosk?

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A FACT or two about APRIL 28, 2003:

Apple iTunes store began on April 28, 2003. Individual songs sold for 99 cents. In this
non-subscription model, the user is able to transfer the songs to the iPod and/or burn them. More than 200,000 songs were sold in the first day (more than 1 million in the first week). The more than $200,000 day surpassed the 6 month sales total of Musicnet and pressplay (the two online services of the BIG FIVE record corporations) combined!

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Have you bought any television shows, or videos, from Apple online?

Do you know how many iTunes are sold each day?

Do you know how many videos/TV shows are sold each day at the Apple store?

Do you listen to podcasts? Do you PAY to listen to podcasts? Do you download podcasts? Do you subscribe to podcasts?

The same questions but for videocasts.

Do you think there is a future in podcasts? Videocasts? A la carte purchases as opposed to subscription? Subscription and a la carte together (Rhapsody-like)?

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How do you find out about new music or music that is new to you? Who turns you on? (That can mean other things, I know - I meant pertaining to music) MySpace? Facebook? Radio (I used to get exposed to a lot of good music from WBCN-FM in Boston, but then again, I was present when the wheel was invented)? Friends? TV? Movies (even though this is not India, where everyone seems to find out about music from films, films can be important for exposure to music in the U. S.)?

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Is the music industry doing well? Are parts of it doing well while other parts are not? What are your thoughts about the publishing side of the industry? The PRO side? The recording industry part of music?

Where do your dollars go? Games? Gambling? CD's? iTunes? DVD's? Vinyl? Subscriptions? Subscriptions to Rhapsody or other online radio or music services?

Have you bought ringtones? Gotten them for free? Polyphonic R tones? Master R tones?

Have you bought CD's from live concerts? Bought them at the concert? Had them sent to you after you attended the concert?

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What are your feelings about copyright?

Do you know the justification and basis for copyright in the United States?

I can answer this. NO. NO ONE EVER KNOWS about Article 1, Section 8 of the U. S. Constitution as the U. S. Copyright Office SHUNS and FEARS this sentence (from Article 1, Section 8):

"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"

The U. S. Copyright Office used to brag about it and proudly display it on the upper right side of their websiite - www.copyyright.gov - but now, because they've become the MISTRESSES (whore is a tough word) of the RIAA and the MPAA, they have removed their charge, from the SUBVERSIVE U. S. Constitution, from the website.

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What are your feelings about technology? Do you own an iPod? A different MP 3 player? Do you own a Mac? A PC? If you own a Mac, have you tried to transfer your iTunes Music Library music from your old MMac to your new Mac?

How does the RIAA view the iPod? How do they view MP 3 players? Do you know about the following?

The RIAA sued to stop the manufactuure and sale of MP 3 players? YES, they did. Look at >>>

RIAA v. Diamond Multimedia (October 9, 1998)

and then the RIAA won a temporary victory and MP 3 players were not allowed out >>>

RIAA wins temporary restraining order v. Diamond Rio (October 16, 1998)

BUT then came the VERY BAD NEWS THAT WAS SUPPOSED TO spelll R-U-I-N for the music industry >>>

The 9th Circuit rules that the Diamond Rio is not a digital audio recording device, and
does not violate copyright thusly paving the way for the widespread digital distribution of music. (June 15, 1999)

YEA!

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Q. When was the CD first made available to the public?
A. 1982

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To be continued....

Posted by EMH at 07:19 AM | Permalink | Comments (2) | TrackBacks (0)

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I AM ABOUT TO GO BACK TO WORK - the workplace, that is. I always "work" as in my life there is little distinction between fun, play, amusement, diversion, divertissement, hilarity, humor, laughter, delight, fun, pleasure, glee, comedy, news, new developments in human interaction, and WORK. I love my workplace but will not write about it. I needn't taint them, need I?

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MY FRIEND, JASON SCHULTZ, of the ELECTRONIC FRONTIER FOUNDATION, is featured in this excellent NPR story on the difficulties copyright law presents in being able to hear and/or purchase old music. It can be heard here:

http://www.npr.org/templates/story/story.php?storyId=5139522

Jason Schultz' excellent blog is found here:

http://lawgeek.typepad.com/lawgeek/

I was especially thrilled to hear about this great site - OUR LADY OF PERPETUAL OBSOLESCENCE VINYL RESCUE MISSION and ORPHANAGE. One must always help orphans in need especially if they cannot speak for themselves.

http://vinylorphanage.com/

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While on the EFF subject, I highly recommend their "Deep Links" for keeping informed about the most current and important developments in cyberspace especially with respect to privacy, copyright, fair use and technology. Note what EFF is doing re the SONY-BMG rootkit corrupted EVIL DOERS CD's, for example.

http://www.eff.org/deeplinks/

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ON THIS DAY IN 2004, the New England Patriots beat the Tennessee Titans 17-14 in postseason play. It was the Patriots' 13th consecutive victory. (Remember the Titans? They are a team that plays in Nashville.)

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ALITO Is as bad as I thought he would be. His take on the 1960's was very brief, simplistic, general and showed that he had his head in the sand back then. I might watch his dancing and dodging today when I take a break from my own projects which are growing out of control.

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I NEVER THOUGHT I'D EVER BECOME A FAN OF ARIEL SHARON but that is what has happened, beginning with tough decisions he made re forcing Israeli settlers out of occupied land. This was especially daring as he had been the one who initially championed the settlements and seizure of land. I hope that he survives and can return to good health. I fear a return of Netanyahu and the right wing. Hopefully Sharon's party can proceed along the new course.

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I just learned about YELP.COM. When I get a chance, I need to write some reviews of my favorite places in Boston, New York and Nashville.

http://www.yelp.com/

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"A government big enough to give you everything you want is a government big enough to take from you everything you have." - President GERALD FORD, November 8, 1976

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Posted by EMH at 09:23 AM | Permalink | Comments (4) | TrackBacks (0)

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The New England PATRIOTS are hot right now and Saturday's 28-3 victory over Jacksonville featured a Patriots team that has been playing great for the past two months and peaking at the right time. The Patriots set many records with that victory - Willie McGinest's 4 1/2 sacks, the Patriots winning their 10th consecutive playoff game, Tom Brady set a record by winning 10 consecutive playoff games and being the only quarterback to have won 10 postseason games without a loss, etc.

I did my part to assist as I wore my new old-logo Patriots hat (it's got a Revolutionary War soldier in red, white and blue with one of those triangular 18th century hats, playing the role of center about to hike a football) and one of my Patriots sweatshirts. Many of us Bostonians love the old logo much more than the new. Although it can be difficult to find the old logo, I was able to find two hats at NEWBURY COMICS, and none at any sporting goods stores in the Boston area.

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I hope that Judge Alito will be non-lawyer/non-politician like and answer questions in the coming hearings. He has stated in print that he is personally proud to be anti-abortion. I will be surprised, however, if he clearly and honestly answers questions on this subject. Most people are impressed with honesty and the direct answering of questions but I expect Alito to be very slick and artfully dodge for days.

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I just learned that "tweak" is slang for crystal meth. I am watching the A & E reality show, "INTERVENTION," while I type this. I've seen INTERVENTION before and am really glad that I am only partially addicted to one low cost legal drug - caffeine. I do that drug every morning in one large black dark roast - Trader Joe's French Roast, Trader Joe's Bay Area Blend, or Trader Joe's Volcano blend work well. When I am in Hawaii (unfortunately this is not often!), I drink the local Kona.

I've known addicts and have been involved, tangentially, in an intervention. I think this A & E show could be very beneficial and educational for some. I count my blessings that my addiction is not too serious.

To know more about crystal meth, try this:

http://www.tweaker.org/html/crystal101/whatis.html

To know more about something tastier, try this:

http://traderjoes.com/

The closest one to me is in Cincinnati, Ohio, so I have to go to great lengths to get my fixes.

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HOW CAN SPIKE TV show a thoughtful film, "Shawshank Redemption?" I think Spike is usually one foolish station, as foolish as Lifetime Television for Women. How can an entire television station be aimed at one gender? The answer to the rhetorical question must be - promulgate the stupid stereotypes and know that the stereotypes exist because there are plenty of people who buy into them.

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A SHAWSHANK REDEMPTION HAIKU

"Put your trust in the
Lord - your ass belongs to me"
the warden told them

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I did not know that SR was filmed entirely in Ohio and the U. S. Virgin Islands.

SR would have been the perfect film for which to make a sequel as it seems likely that the two guys' fascinating relationship could develop in many ways. Fortunately, however, "they left well enough alone," did not exploit the great underlying work, and best of all, left it to one's imagination.

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NOW IT JUST BECAME SPIKE TV - commercials for Girls Gone Wild. One can buy 2 GGW DVD's for $9.99 and then get more DVD's sent each month.

And then an even more offensive commercial - DOMINOS Pizza. How can people eat that stuff? There's more substance and taste in the Domino's cardboard box.

Time to channel surf before something worse than Domino's is aired. I am still young and impressionable and need to protect myself.

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I got to wear shorts and a t-shirt at RADNOR LAKE today - the temperature reached 68, the winds were gusting up to 40 mph so much so that I had to turn up the volume on my THIS WEEK IN TECHNOLOGY podcast.

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Posted by EMH at 10:18 PM | Permalink | Comments (2) | TrackBacks (0)

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VERY SAD BREAKING news (11:35 AM, 1/7/2006)! Tom DeLay will not seek return as Majority leader. Having TD around is so great for the sake of comedy and Democrats. I'll miss him. That little petition from fellow Republicans, unfortunately, had its effect. Please think this over Tom. I need you back. There will be less humor if you are not here. The only thing worse would be if Pat Robertson were to suddenly become rational.

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PAT ROBERTSON CAME THROUGH IN RECORD TIME. He will not disappoint me in 2006. He can say the worst things at the worst time and in the worst way. He can say, "God Says," and really think he's God's mouthpiece. When Pat speaks, God speaks. Pat wanted God to put a hit on Ariel Sharon, and God complied. Zap - thhere it is. Ariel Sharon's health deteriorates because God is doing Pat Robertson's work? Is that what Pat thinks?

PAT ROBERTSON really should consider that HUMANISTIC quality known as tolerance. (I intentionally used the word, "HUMANISTIC," as that is a bad thing for people like Pat. Humanism = BAD) Like many, including me, he uses the Bible as a weapon. He pulls this and that out of it and choose to ignore those parts that do not support his points of view. But in the process, he is doing great harm to Christians because sadly, PR is heard by millions in many countries and many are going to think he is the quintessential Christian and the quintessential American Christian. He is reallly bad for the U. S. as well.

Pat Robertson is reallly good, on the other hand, if you like sick humor or like to watch someone, who can reasonably be called a MORON, spinning out of control.

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HAIKU WRITTEN BY
GOD AS HE ASPIRES TO
HELP PAT ROBERTSON

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Pat Robertson is
the mouth of God. Pat really
is God and Jesus

Pat says that Sharon
must suffer because he is
selling off God's land

God asked Pat, "What should
I do? Ariel gives my
holy land away"

"What would you have me
do, Pat? Like ev'ry one I
await your command"

"You've been speaking for
me for so long I tend to
believe in you too"

"You're always right. I
need to eliminate the
Venezuelan head"

"You don't like him You
think he's bad His people must
be punished for this"

"They elected some
one who you do not favor
that's enough for me"

"And then there are those
sinners in Dover who would
teach students science"

"I know you don't like
Science, Pat, but some of my
best sheep love learning"

"I gave my sheep good
brains and curiosity
perhaps that was wrong?"

"What would you have me
do Pat? Should I revise the
ancient schematic?"

"I've been making these
sheep in the same way without
real alterations"

"You should submit your
thoughts about how to improve
on my old design"

"While I wait for you
perhaps you could consider
loving your neighbors"

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I TOOK PART IN THREE CELEBRATIONS LAST NIGHT - One with old young friends who are of like minds when it comes to copyright/IP and doubting/challenging/dreading every stand, business practice and action of the music industry. It is great to know that even in Nashville, there are progressives who do not bend over to the North Korean control types in the music industry.

The next was a surprise birthday party for one of the funniest characters and best musicians (a Nashville Symphony/studio musician) I know.

And finally, one more birthday celebration - one among several in these next days - for a friend who is a member of the most progressive people in NashVegas - computer jocks with great music and cultural knowledge, Electronic Frontier Foundation members, open source advocates, etc. - you know, the type that are helping humans progress and helping fight back against the Goliaths and Communist control types hired by Microsoft, the RIAA and the MPAA.

A friend told me about what is coming with Microsoft's new "VISTA." We both also fear what will happen when APPLE consummates its love with Intel in the next wave of Mac computers.

I once had a personal Microsoft tour of its Janus DRM and plans for the future. The MS guys were bragging about their ironclad DRM and were perfectly confident that THEY KNEW WHAT WE WANT IN OUR FUTURE, which can be summed up as:

"We don't want to own, we want to rent. We can trust Microsoft to know everything that we like and do, and how and when we like it and do it. MS, in their kindly way, will then provide us round-the-clock entertainment, news, shopping, security, romance, romantic connections and education.

Ownership is such a thing of the past. Instead of a celestial jukebox, there will be a celestial Father figure."

Which, unfortunately, leads me back to Pat Robertson. Pat, Bill, God. I trust the one I can't see.

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I'VE HAD TWO FRIENDS TELL ME I'M A DAMN FOOL FOR NOT WANTING TO DATE UNTIL MY ARTIFICIALLY ESTABLISHED timeline, in March or April. (Of course, they're right - I am a damn fool. So what? LOL) One might have wanted me to date her but I need peace and time for other important matters before I do this. Also, while I am not dating, I am helping women everywhere as I am not causing any women anywhere any trouble. YEA!!!! I think this is a very kind and benevolent thing for me to do - be quiet and not troublesome, and improve everything about me that I can.

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Posted by EMH at 11:41 AM | Permalink | Comments (4) | TrackBacks (0)

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LIKE MANY PEOPLE WHO WERE AWAKE AFTER MIDNIGHT, I found out that 12 miners in West Virginia were miraculously found alive and that 1 was dead. I woke up at 4:00 AM, turned on CNN and found that this was exactly wrong - 12 were dead and 1 was barely alive.

How does anyone get it this wrong? Even when finding out twenty minutes after the first report, that things were exactly the opposite, the company waited for three hours before revealing the truth. Wow - how awful.

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There had been so much good news yesterday - Florida State lost, there was a lot more snow (6 or 7 inches here), and Jack Abramoff would spill some beans, crooked, paid-for Congress people would lose sleep and hopefully lose jobs in 2006.

NOTHING warms my heart as much as seeing white collar criminals caught.

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I have attended some good universities and never bought into too many of the rivalries. That is because I am born with a genetic predisposition to the BIG RIVALRY of that sweet quaint New England village of 595,000, BOSTON, and the gargantuan evil metropolis of 8,000,000, NEW YORK, with its BUY HAPPINESS BUY SUCCESS WE ARE SIGNIFICANT AND YOU ARE NOT mode of thinking. We humble Bostonians try to COMPENSATE by calling ourselves, THE HUB, two words that are short for the real meaning, THE HUB of THE UNIVERSE, as more great comes out of our little village along with that very sweet, modest and diminutive soft spoken adjacent town of CAMBRIDGE.

But I digress........

I was at the University of Pittsburgh and never hated those rivals, the University of West Virginia or Penn State. When I was at Ohio State, I loved and had great friends at our blood sport rival, the University of Michigan. Even at the University of Miami, I did not find anything bad about the University of Florida.

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That brings me to the only rival I ever found to be worth disliking. They are worth hating except that they are too insignificant and pitiful to hate. Florida State is one greatly overrated school (average is too good a description). I have never met a graduate of that school who was intellectually impressive. I have met many who transferred out of Florida State, however, who were very impressive. They caught on. There are t-shirts that state, "Friends Don't Let Friends Go To Florida State." Well expressed!

And their faux Native American war chant is the MOST RACIST and embarrassing of any slogan or song I have ever heard. If they did not have so many intellectually challenged graduates and faculty with bloated undeserved self esteem, that CHANT alone would be bad enough.

So, when Florida State loses, it is always fun. They cannot be too successful academically, so their athletic aspirations are very important.

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End of 2005, Beginning of 2006 Part 4

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A Few PREDICTIONS for 2006

__________________________________________________________________________________________

I should never make predictions as I am wrong more often and make more mistakes than should be permissible. BUT, I'll proceed anyway. It's only a blog! LOL

Only fools make predictions and to quote Archie Bunker, "present company SUSPECTED."

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More people will acknowledge that our JUMPING of a third world nation, IRAQ, initiated a terrible civil war and set back the plight of women in Iraq and the Middle East, hurt the once wonderful reputation of the U. S. throughout the world, and helped create many more enemies for our country.

GEORGE BUSH WILL NOT REPEAT THE PHRASE, "Bring 'em on," as he so arrogantly did in reference to the suicide bombers in Iraq. They did not need the encouragement. Unlike many in the U. S., they have long memories and much more resolve.

THOUSANDS of Iraqi citizens will die in the unofficial, undeclared, but raging, civil war. Over 40 died today.

We will get our way as there will be a DEMOCRATICALLY elected government in Iraq. The problems with this will be that this new government will be very similar in nature to that of Iran. Religious fundamentalists will rule Iraq despite strong opposition from secular Shiites, Sunnis and Kurds and the United States will be hated more than ever. Women will be forced back decades.

This new conservative Iraqi government will make life much more difficult for women but the plight of women is not a real concern to the White House.

We will continue to ignore the human rights abuse and genocide in Sudan. Any country that does not have oil will continue to be ignored by us.

The White House will continue to be arrogant and above the law as dictator wannabes want to do.

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The White House will continue to write, produce and air podcasts and videocasts featuring The First Pets.

The White House will still do nothing to help the more than 45 million U. S. citizens who do not have health insurance.

The White House will want more tax cuts.

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There will be more lawsuits against school boards over the teaching of SOPHISTICATED FASHION, i.e., INTELLIGENT DESIGN as the anti-thinking anti-science Christians keep pushing their religious beliefs not well disguised as science.

The Church of Scientology will continue to prosper as many of the same people who think Fox TV is fair and balanced will believe that these very nice people on the above and below ground streets of New York who are administering stress tests are doing it out of the goodness of their hearts and that any course that can improve one's health and increase happiness must be good.

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THE END OF THE WORLD IS NEAR IF.........

If the RIAA and MPAA consider their customers before their DESIRE TO BUY POLITICIANS and CLOAK THEIR STUFF IN DIGITAL RIGHTS MANAGEMENT, I will know that the end of the world is near and that those Christian preachers who have been saying it is near, were right and I was wrong.

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More and more people will get degrees from online universities and foolish people will accept these degrees and degree holding individuals as reputable.

Self Help books will continue to sell and make readers happy, healthy, wealthy and wise.

Kevin Trudeau and many other hustler crooks will continue to lie and peddle foolish products on thirty minute television commercials.

Ron Popeil will not come out with any more spray on hair products. I expect a Velcro wig for men, however.

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The New York Yankees will NOT WIN the World Series as their jinx dating from September 11, 2001 is still on.

The Democrats will pick up seats in the House of Representatives, Senate and numerous governorships. The Democrats will still be a minority party, however.

The efforts to stop Hillary Clinton from running for the Democratic nomination for President will be small in 2006 but large and enthusiastic in 2007. Democrats will need ex-Governor Warner or Sen. Obama or fill in the blank to run for the nomination. For reasons unknown to me, great potential presidents such as Wes Clark and Joe Biden will not do well in their quest for the nomination.

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Revelations by deal cutting JACK ABRAMOFF will not have as great an effect on HOUSE and Senate cleaning as I would like to see but this will mark the end of Tom DeLay, at least for a few years. Tom DeLay, like Newt Gingrich, will be back.

There will be a mass cult suicide. We are long overdue for one. The last was Heaven's Gate where 39 computer programmers, followers of one-time choral conductor, Marshall Herff Applewhite, SHED THEIR CONTAINERS, i.e., committed suicide, so that they could join the MOTHERSHIP that was trailing behind the Hale-Bopp comet.

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There will be the usual foolish 5th, 10th, 20th, 25th and other anniversaries that end in a ZERO or a FIVE. The worst will be September 11, 2001 as President Bush will badly need some good news for himself and a way to steer clear of the ethical and legal problems stemming from IRAQ, SECRETLY RECORDING AMERICAN CITIZENS, SCOOTER LIBBY, Jack Abramoff and his "THANK YOU SIR MAY I HAVE ANOTHER" Republican and Democrat scoundrel-cohorts, and the FOUR MORE scandals that will hit Bush's embarrassing administration.

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Posted by EMH at 12:42 PM | Permalink | Comments (0) | TrackBacks (0)

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I HIKED THROUGH CALLAHAN STATE PARK TODAY. There was a lot of snow, ice, slush and trees, some mud, loud flowing streams with beautiful shiny ice formations, perfect weather (cloudy and 37 F with little wind), a few horses, more dogs and very few people.

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We ate at LEGAL SEAFOOD today, and Legal wins the award for best restaurant in the past 10 days - perfect catch of the day (sometimes this is called, "SCROD," other times people say SCROD means a particular white fish or this or that. If you want to get Bostonians talking and arguing, ask a few of them what scrod is. Hint: it is not a particular past tense variant of screw or synonymous with screwed.) Theirs is the best clam chowder and has been served at the last 7 presidential inaugurals. Their clams, scallops, char, salmon, tuna, swordfish and other fish are perfect. I always order their jalapeno cheese polenta as that is my favorite side dish.

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End of 2005, Beginning of 2006 Part 3

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WHAT I SHOULD DO in 2006

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I will try to be less shy.

Very likely, my friend and I will bicycle from the Pacific to the Atlantic Ocean. This will be our fourth cross country bicycle trip. The first three were shorter [1,800, 2,500, and 3.400 miles] and from the Pacific Ocean to Nashville. This bicycle trip will be a fundraiser. Details to follow.

I should work out more.

I should subscribe to fewer online publications.

I should do less volunteer/pro bono work.

I should write more and probably blog/diarize less.

I should have a date. With a woman. I do not view this as something I want to do but as something I SHOULD do. It will be good for me to think in a way that is now foreign to me, and doing this would accomplish this. (My heart, romantically, is not in Nashville and hasn't been for years.) I might not do this until March or April.

I should try to tolerate my Stepford Wives neighborhood. Walking through the neighborhood with my iPod listening to great non-commercial music such as Charles Ives, Jan Dismas Zelenka, Les Tetes Brulees, Weather Report, Frank Zappa and Frank Black usually helps me pretend everything around me is fascinating and quite cool and that there are no Stepford Wives in sight.

With respect to my neighborhood, I will have to take the sage advice I created back in high school ADJUST REALITY TO SUIT YOUR NEEDS.

Even better, I should move out of my neighborhood and into a place that is or resembles a city. If life really goes well, that will happen.

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If Kenny G, Michael Bolton, Yanni, or John Tesh die in 2006, I will celebrate and give thanks to God for his love and good aim.

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To be continued.......

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Posted by EMH at 05:51 PM | Permalink | Comments (3) | TrackBacks (0)

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IT IS NEW YEAR'S DAY AND I AM IN FRAMINGHAM, MASSACHUSETTS. There are four inches of snow on the ground and the Patriots are tied 7-7 with the Miami Dolphins. The temperature will not reach 30 F so hopefully the guys who live in the tropics will be negatively effected.

The last night of 2005 was great - I am in no trouble with any female, did not meet one last night, and am especially grateful that I did not repeat last year's mistake where I met D despite my friend W's wise warning.

I got to walk down Route 9 in thick snow to Newbury Comics. My last DVD purchases of 2005 were The Best of Mike Myers from SNL, and High Fidelity.

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End of 2005, Beginning of 2006 Part 2

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WHAT WENT WRONG IN 2005 (very few will be listed here)

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Earthquakes

Hurricanes

Killings in Iraq

Killings in many African, Middle Eastern, Asian, Sub Continent, South American, Central American, North American, European, Pacific Rim and Caribbean nations. Iceland, Greenland, Vanuatu and the Vatican seem to be safe places to live.

Fanatics, including George W. Bush, who did something unprecedented - cut one of his many vacations short - who interfered with Terry Schiavo's husband's desire to have her die with dignity

These same fanatics who choose what laws to follow

These same fanatics who called Republican-appointed justices who ruled for Terry Schiavo's husband >>>>>>>>>>>>>

>>>>>JUDICIAL ACTIVISTS who LEGISLATE FROM THE BENCH<<<<<
>>>>>JUDICIAL ACTIVISTS who LEGISLATE FROM THE BENCH<<<<<
>>>>>JUDICIAL ACTIVISTS who LEGISLATE FROM THE BENCH<<<<<
>>>>>JUDICIAL ACTIVISTS who LEGISLATE FROM THE BENCH<<<<<
>>>>>JUDICIAL ACTIVISTS who LEGISLATE FROM THE BENCH<<<<<

Yes, this is a mantra for some.

Religious intolerance and its suppression of women and resulting injustice in many third world nations

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Ibrahim Ferrer of the Buena Vista Social Club died

Mike Brown went to work and helped kill and injure many people. Naturally, George Bush praised him for doing a great job.

Harriet Miers and George Bush chickened out and did not face Senate Judiciary hearings

William Hung did not release, "Hung for the Holidays, Part Two"

I got more out of shape.

I sprained my ankle.

I did not begin the back therapy ordered by my very good medical doctor.

I still live in my Stepford Wives neighborhood.

I put in too much effort and time at my workplace.

Two women I dated - one from January 1 to 24, and the other from June 11 to September 5.

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WHAT WENT RIGHT IN 2005 (very few will be listed here)

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I still have the best mother and best friends.

My health is really good despite my many years of crazy lifestyle.

I got to live in New York City, at the edge of HELL'S KITCHEN and a few blocks from Central Park.

Time spent in Central Park, the Sheep Meadow, the Mall, Bethesda, the Ramble. Strawberry Fields, The BOATHOUSE, MoMA, Brazil Grill, the Empire State Building, Lincoln Center, Chelsea, the Village, the Bowery, Restaurant Row, Boston Red Sox "cult bars" - The Riviera and 212 Boston, and many more.

The new friends, old friends, sights, sounds and smells of NYC.

New York City subways - every single blessed ride.

The always entertaining, and usually very talented, street performers especially at subway stops - 42nd Street, 34th Street, and 50th Street. My favorite was HYPNOTIC, a group of young black New Orleans style street players (3 trumpets, 2 trombones, tuba and drums) from Chicago who perform at 42nd St. underground by 7th Avenue. I bought one of their very good CD's.

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Going to Yankee Stadium, arrogantly predicting that they would lose, and then watching them lose without ever having had a lead! LOL MY PRESENCE, i.e., MY JINX, worked particularly well as I sat faraway in the left field stands and had a great effect on left fielder Hideki Matsui who committed an error and looked bad all game. I got to sit with some very nice people who, surprisingly, were Yankee fans and who became my friends (Shari and Scott) this year in New York. These people blew my theory that all Yankee fans were evil, damn it.

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My computers have been great.

Computers and the Internet, despite the RIAA, MPAA and the Congress, who happily utter, "THANK YOU SIR MAY I HAVE ANOTHER," to RIAA and MPAA lobbyists everytime they request anything, are greatly improving our lives.

There are millions of good people trying to do good things throughout the world.

We are benefiting from legislation passed by DEMOCRATS over strong objections from Republicans. This legislation has led to a safer, healthier and cleaner environment and can be seen by means of the following, all STRONGLY OPPOSED BY REPUBLICAN legislators and presidents:

Seat belts in cars
Airbags in cars
Pollution controls for manufacturers
Pollution controls for cars (but few for trucks or buses)

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I got to travel a lot, speak at conferences, law schools, universities and other places (under bridges to hear echoes, etc.). My trips to Boston, Cambridge, New York, Miami, Coral Gables, the University of Miami (and most importantly, SHORTY'S, for ribs, pork and cow), San Francisco, Monte Rio, Totem In on River Road in the BG, Quebec, Montreal, New Orleans, Washington DC, Chicago, Maine and other places.

Many museums and galleries especially in Washington, DC, New York and Boston.

The airlines were great but the Business Class trips on Amtrak between Boston and New York were even better.

TRAVEL. GOOD. When in doubt, travel.

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Posted by EMH at 02:15 PM | Permalink | Comments (0) | TrackBacks (0)