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Mar 28 2012
Punting the Pundits
“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.
Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.
Wednesday is Ladies Day
Katrina vanden Heuvel: The Morally Corrupt GOP
Republicans Are Causing a Moral Crisis in America
There is moral crisis afoot! So say the Republican candidates for president, their pals in Congress and in state houses. Abortion, gay marriage, contraception – contraception, for Pete’s sake – things that so shock the conscience that it’s a wonder The Washington Post can even print the words!
Here’s something I bet you wouldn’t think I’d say: They’re right. There is a moral crisis in the United States. The only thing is – they’re wrong about what it is and who is causing it.
The real crisis of public morality in the United Statesdoesn’t lie in the private decisions Americans make in their lives or their bedrooms; it lies at the heart of an ideology – and a set of policies – that the right-wing has used to batter and browbeat their fellow Americans.
Michele Chen: Isolated Incidents: A Hijab, a Hoodie, and an Iraqi American’s Death
As reporters clamored for breaking news about the vicious attack on Shaima Alawadi, an Iraqi American mother of five in El Cajon, California, her teenage daughter Fatima turned to the interviewer with a question of her own
“‘Why did you take my mother away from me? You took my best friend away from me,’ she said, choking with tears, in an interview with CNN affiliate KUSI. ‘Why? Why did you do it? I want to know. Answer me that.‘”
So far, neither the grieving family’s pleas, nor CNN, nor the police have been able to provide any answers. Issuing the standard platitude about the ongoing investigation, the authorities described it as evidently “an isolated incident.” The grim circumstances of Alwadi’s death, however, point to a pattern of hate crime that’s devastatingly familiar to many Muslim and Arab communities.
It may not be the revolution’s dawn, but it’s certainly a glint in the darkness. On Monday, this country’s largest industrial labor union teamed up with the world’s largest worker-cooperative to present a plan that would put people to work in labor-driven enterprises that build worker power and communities, too.
Titled “Sustainable Jobs, Sustainable Communities: The Union Co-op Model,” the organizational proposal released at a press conference on March 26 in Pittsburgh, draws on the fifty-five year experience of the Basque-based Mondragon worker cooperatives. To quote the document:
“In contrast to a Machiavellian economic system in which the ends justify any means, the union co-op model embraces the idea that both the ends and means are equally important, meaning that treating workers well and with dignity and sustaining communities are just as important as business growth and profitability.”
Bryce Covert: The Fast Pace of Change for Women Workers Can’t Distract From the Work Left to Do
“You’ve come a long way, baby.” That was Virginia Slims’ opening salvo to the professional woman when it launched a brand aimed solely at her less than a half century ago. That half-century has seen radical changes in the American workforce, women’s roles and the shape of our families.
In that time the birth control pill became widely available, helping to triple the number of working women from the 50s to the aughts. The latest generation of women workers has the most positive outlook on their careers and the labor force than any in history. Almost 40 percent of today’s working wives outearn their husbands. And women who have children are much more likely to stay in the workforce when their kids are young than they were in the past.
Yet for all these steps forward, there are some steps we’ve yet to take-and ones that have taken us backward. Women still make only eighty-one cents for every dollar men earn, which ends up costing them $431,000 in pay over a forty-year career. That’s on top of all of the other expenses they have to shell out money for that men don’t have to worry about. That wage gap also leads some women to drop out of the labor force later in life when they see their husbands making so much more money, and while the youngest generation of women are optimistic about their career prospects, they still feel more slowed down by parenting than men. And we may have made up ground in the office, but we are still faltering on Capitol Hill: women make up half of the country’s population but only 16 percent of Congressional seats.
Patricia J. Williams: Eggs Are People Too!
It’s an interesting time to ponder the meaning of life and death in the eyes of the law. On one hand, Christian conservatives increasingly seek to sacralize embryos from the moment of conception. On the other, the Supreme Court just heard a case that, among other things, considers the extent to which the corporeal death of a parent is really the “end of the line” with regard to “survivor” benefits for children conceived by artificial insemination from the frozen sperm of a deceased father. On one hand, Citizens United granted First Amendment rights to corporations that are identical to-and some would say exceed-those of natural persons; on the other, the Second Circuit recently ruled that individuals, but not corporations, can be sued for human rights abuses.
It’s interesting to consider the larger social anxieties at play when it comes to the “right to life” debates. Rick Santorum recently made a great show for personhood amendments, declaring, “Personhood is defined as an entity that is genetically human and alive.” But unfertilized eggs are “genetically human.” And sperm swim, so technically they’re “alive.” (Or, as an irreverent friend suggested: fellatio must therefore be a form of cannibalism.) If egg and sperm are sacralized even before they meet, it goes a long way to explaining why the evils of contraception are back on the table.
Michelle Alexander: The New Jim Crow: How the War on Drugs Gave Birth to a Permanent American Undercaste
Ever since Barack Obama lifted his right hand and took his oath of office, pledging to serve the United States as its 44th president, ordinary people and their leaders around the globe have been celebrating our nation’s “triumph over race.” Obama’s election has been touted as the final nail in the coffin of Jim Crow, the bookend placed on the history of racial caste in America.
Obama’s mere presence in the Oval Office is offered as proof that “the land of the free” has finally made good on its promise of equality. There’s an implicit yet undeniable message embedded in his appearance on the world stage: this is what freedom looks like; this is what democracy can do for you. If you are poor, marginalized, or relegated to an inferior caste, there is hope for you. Trust us. Trust our rules, laws, customs, and wars. You, too, can get to the promised land.
Perhaps greater lies have been told in the past century, but they can be counted on one hand. Racial caste is alive and well in America.
Sue Sturgis: Fracking’s Air Pollution Threat
North Carolina regulators will hold the second of two planned public hearings in Chapel Hill today to gather comments on a recently released draft report that calls for lifting the state’s ban on the controversial gas drilling technique known as hydraulic fracturing or “fracking.”
The first hearing, held last week in Sanford, N.C., brought out many opponents of fracking who focused on the documented threat such drilling presents to local water quality. Fracking opponents who attend tonight’s hearing plan to wear blue to show support for clean water.
But a growing body of science also raises concerns about fracking’s public-health impacts from air pollution.
A recent study by scientists with the Colorado School of Public Health found that air pollution from gas-drilling operations may cause acute and chronic health problems for nearby residents, with the greatest risk for people living closest to the wells. The study will be published in an upcoming edition of Science of the Total Environment.
Mar 28 2012
Mandated Health Insurance: Should It Stay or Should It Go?
Can the government force you to eat broccoli or buy a cell phone? Those were some of the questions asked during the first two of three days of hearings before the US Supreme Court over whether it is constitutional for the government to mandate an individual to buy health care insurance from a private company or face a “penalty” to be collected by the Internal Revenue Serve. Candidate Barack Obama opposed a mandate but changed his mind, including it his “signature” [Affordable Care Act , taking single payer and then the option for a public sponsored insurance off the table. At this point, the majority of the public is opposed to the mandate and about a third want the entire bill scrapped, even though it has a few good provisions such removing pre-existing conditions as a reason to deny coverage and the implementation of lifetime caps on what the insurance company will pay.
Dahlia Lithwick, a senior editor and legal correspondent for Slate, gives her analysis of the first two days:
One thing was clear after the two hour session (pdf) at the Supreme Court on the constitutionality of the Affordable Care Act: The outcome of President Obama’s signature legislative achievement probably rests on the shoulders of two men-Chief Justice John Roberts and Justice Anthony Kennedy. Or, to put it differently, everyone else seems to have staked a clear position. [..]
In the beginning, all eyes were on Kennedy who opened his questioning by asking Solicitor General Donald Verrilli to “assume this law is unprecedented.” (Gulp. That isn’t the way Verrilli wanted this to begin.) Both Kennedy and Roberts pressed Verrilli to enunciate a limiting principle on the congressional power asserted here. Or as Kennedy put it, early in the argument: “Can you identify any limits on the commerce clause?” [..]
Kennedy had serious doubts and Verrilli appeared unable to allay them. The odds on a 5-4 vote to strike down the law looked good. Kennedy asked far fewer questions of the challengers, although near the end of the morning he said, in his inimitably oblique style that young people are “uniquely, proximately very close to affecting the rates of insurance and the cost of providing medical care in a way that is not true in other industries.” That may suggest he believes that the health insurance market really is unique in some ways. [..]
My sense is that we saw only a part of what the justices were really thinking today. We heard Roberts and Kennedy expressing doubts about each side of the argument. But we didn’t get to hear them think aloud about what it actually means to strike down a monumental act of congress. We can assume that is weighing on some of the justices, nonetheless. The other thing we didn’t hear much about today was case law. Justice Stephen Breyer pointed out more than once that the justices weren’t there to debate whether or not they liked the bill. But it may be worth counting up the references to forced gym memberships, cellphone purchases, and broccoli mandates, and tallying them up against references to actual court cases. That’s either because the mandate is so unprecedented that precedent doesn’t matter. Or, because precedent just doesn’t matter.
What we do know is that an individual can survive very well without broccoli or a cell phone but at some point that individual will need health care. In another article by Ms. Lithwick she points out that the conservative argument that this is about freedom has a very dark side:
It’s always a bit strange to hear people with government-funded single-payer health plans describe the need for other Americans to be free from health insurance. But after the aggressive battery of questions from the court’s conservatives this morning, it’s clear that we can only be truly free when the young are released from the obligation to subsidize the old and the ailing. [..]
Freedom also seems to mean freedom from the obligation to treat those who show up at hospitals without health insurance, even if it means letting them bleed out on the curb. When Solicitor General Donald Verrilli tries to explain to Justice Scalia that the health care market is unique because “getting health care service … [is] a result of the social norms to which we’ve obligated ourselves so that people get health care.” Scalia’s response is a curt: “Well, don’t obligate yourself to that.” [..]
Freedom is the freedom not to rescue. Justice Kennedy explains “the reason [the individual mandate] is concerning is because it requires the individual to do an affirmative act. In the law of torts, our tradition, our law has been that you don’t have the duty to rescue someone if that person is in danger. [..]
Freedom is to be free from the telephone. [..]
Freedom is the freedom not to join a gym, not to be forced to eat broccoli. It’s the freedom not to be compelled to buy wheat or milk. And it’s the freedom to purchase your health insurance only at the “point of consumption”-i.e., when you’re being medivaced to the ICU (assuming you have the cash). [..]
Some of the members of the court find this notion of freedom troubling. Justice Ruth Bader Ginsburg notes that: “Congress, in the ’30s, saw a real problem of people needing to have old age and survivor’s insurance. And, yes, they did it through a tax, but they said everybody has got to be in it because if we don’t have the healthy in it, there’s not going to be the money to pay for the ones who become old or disabled or widowed. [..]
Sotomayor, again pondering whether hospitals could simply turn away the uninsured, finally asks: “What percentage of the American people who took their son or daughter to an emergency room and that child was turned away because the parent didn’t have insurance-do you think there’s a large percentage of the American population who would stand for the death of that child if they had an allergic reaction and a simple shot would have saved the child?” {..]
This case isn’t so much about freedom from government-mandated broccoli or gyms. It’s about freedom from our obligations to one another, freedom from the modern world in which we live. It’s about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that’s been inspected. It’s about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it’s 1804.
My biggest problem is that forcing people to buy insurance from a private company that does not insure access to care and cost controls or without an inexpensive public option, like buying into Medicare, is just a financial gift to the insurance companies. Without a public option, this bill is a major failure and unlikely to be fixed in the future, as so many Obama supporters claimed, or be replaced if SCOTUS declares the bill unconstitutional.
Mar 28 2012
On This Day In History March 28
This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.
Find the past “On This Day in History” here.
March 28 is the 87th day of the year (88th in leap years) in the Gregorian calendar. There are 278 days remaining until the end of the year.
On this day in 1979, the nuclear reactor at Three Mile Island overheats causing a partial meltdown. At 4 a.m. on March 28, 1979, the worst accident in the history of the U.S. nuclear power industry begins when a pressure valve in the Unit-2 reactor at Three Mile Island fails to close. Cooling water, contaminated with radiation, drained from the open valve into adjoining buildings, and the core began to dangerously overheat.
The Three Mile Island nuclear power plant was built in 1974 on a sandbar on Pennsylvania’s Susquehanna River, just 10 miles downstream from the state capitol in Harrisburg. In 1978, a second state-of-the-art reactor began operating on Three Mile Island, which was lauded for generating affordable and reliable energy in a time of energy crises.
Three Mile Island Nuclear Generating Station
The power plant was owned and operated by General Public Utilities and Metropolitan Edison (Met Ed). It was the most significant accident in the history of the USA commercial nuclear power generating industry, resulting in the release of up to 481 PBq (13 million curies) of radioactive gases, and less than 740 GBq (20 curies) of the particularly dangerous iodine-131.
The accident began at 4 a.m. on Wednesday, March 28, 1979, with failures in the non-nuclear secondary system, followed by a stuck-open pilot-operated relief valve (PORV) in the primary system, which allowed large amounts of nuclear reactor coolant to escape. The mechanical failures were compounded by the initial failure of plant operators to recognize the situation as a loss-of-coolant accident due to inadequate training and human factors, such as human-computer interaction design oversights relating to ambiguous control room indicators in the power plant’s user interface. In particular, a hidden indicator light led to an operator manually overriding the automatic emergency cooling system of the reactor because the operator mistakenly believed that there was too much coolant water present in the reactor and causing the steam pressure release. The scope and complexity of the accident became clear over the course of five days, as employees of Met Ed, Pennsylvania state officials, and members of the U.S. Nuclear Regulatory Commission (NRC) tried to understand the problem, communicate the situation to the press and local community, decide whether the accident required an emergency evacuation, and ultimately end the crisis. The NRC’s authorization of the release of 40,000 gallons of radioactive waste water directly in the Susquehanna River led to a loss of credibility with the press and community.
In the end, the reactor was brought under control, although full details of the accident were not discovered until much later, following extensive investigations by both a presidential commission and the NRC. The Kemeny Commission Report concluded that “there will either be no case of cancer or the number of cases will be so small that it will never be possible to detect them. The same conclusion applies to the other possible health effects”. Several epidemiological studies in the years since the accident have supported the conclusion that radiation releases from the accident had no perceptible effect on cancer incidence in residents near the plant, though these findings are contested by one team of researchers.
Public reaction to the event was probably influenced by The China Syndrome, a movie which had recently been released and which depicts an accident at a nuclear reactor. Communications from officials during the initial phases of the accident were felt to be confusing. The accident crystallized anti-nuclear safety concerns among activists and the general public, resulted in new regulations for the nuclear industry, and has been cited as a contributor to the decline of new reactor construction that was already underway in the 1970s.
The incident was rated a five on the seven-point International Nuclear Event Scale: Accident With Wider Consequences.
Mar 27 2012
Drones? Of What Drones Doth Thou Speak?
President Barack Obama: “Drones? Drone attacks? Mr. Holder, do you know anything about this?
United States Attorney General Eric Holder, “I’ve never heard of drones, Mr. President. Leon, what do you hear from the generals?
Former Director of the CIA and current Secretary of Defense Leon Panetta, “No, Eric, I have no information about drones. Perhaps, Director Petraeus would know about these drones”
The three men look around the room for CIA Director David Petraeus. He’s nowhere to be found.
That fictional conversation never took place but the Obama administration would now like us all to believe that they cannot even confirm or deny the existence of a drone program at all without seriously damaging national security. Huh? They really don’t expect anyone to accept that statement that was made in response to an ACLU lawsuit under the Freedom of Information Act requesting the “the government to disclose the legal basis for its use of predator drones to conduct “targeted killings” overseas. In particular, the ACLU seeks to find out when, where and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killings.”
Glenn Greenwald in an in depth article at Salon dissected this laughable “defense” of national security about predator drones, targeted assassinations and Obama’s taking “Bush’s secrecy games one step further“:
What makes this so appalling is not merely that the Obama administration demands the right to kill whomever it wants without having to account to anyone for its actions, choices or even claimed legal authorities, though that’s obviously bad enough [..]
What makes it so much worse is how blatantly, insultingly false is its claim that it cannot confirm or deny the CIA drone program without damaging national security.
Numerous Obama officials – including the President himself and the CIA Director – have repeatedly boasted in public about this very program. Obama recently hailed the CIA drone program by claiming that “we are very careful in terms of how it’s been applied,” and added that it is “a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases and so on.” Obama has told playful jokes about the same drone program. Former CIA Director and current Defense Secretary Leon Panetta also likes to tell cute little jokes about CIA Predator drones, and then proclaimed in December that the drone program has “been very effective at undermining al Qaeda and their ability to plan those kinds of attacks.” Just two weeks ago, Attorney General Eric Holder gave a speech purporting to legally justify these same drone attacks.
“Cute little jokes”? Is that like President George W. Bush’s “cute” little video looking for weapons of mass destruction in the Oval Office? I don’t think the people who have lost family and friends and had their lives destroyed by America’s misadventures in the Middle East think this is amusing.
And just where is the secret? Everyone in the world is talking about the predator drone program that has killed more innocent people than Al Qaeda operatives and put the US relationship with ally Pakistan on very thin ice. Just this weekend there was a long article in The Washington Post with an unnamed CIA official who was directing drone attacks in Pakistan:
Roger, which is the first name of his cover identity, may be the most consequential but least visible national security official in Washington – the principal architect of the CIA’s drone campaign and the leader of the hunt for Osama bin Laden. In many ways, he has also been the driving force of the Obama administration’s embrace of targeted killing as a centerpiece of its counterterrorism efforts.
Glenn further notes that this fixation of the Obama administration on secrecy, as evidenced by its increased prosecution of whistleblowers, is a means to protect itself from rule of our laws. He quotes from President G.W.Bush DOJ lawyer Jack Goldsmith, who defended executive authority and secrecy powers but recognized that Obama was taking this too:
First, it is wrong . . . for the government to maintain technical covertness but then engage in continuous leaks, attributed to government officials, of many (self-serving) details about the covert operations and their legal justifications. It is wrong because it is illegal. It is wrong because it damages (though perhaps not destroys) the diplomatic and related goals of covertness. And it is wrong because the Executive branch seems to be trying to have its cake (not talking about the program openly in order to serve diplomatic interests and perhaps deflect scrutiny) and eat it too (leaking promiscuously to get credit for the operation and to portray it as lawful).
This can be filed under the “You’ve Got To Be Kidding” defense.
Drones? What drones? Hmm. Ask Iran, maybe they know something about this drone thing.
Mar 27 2012
Punting the Pundits
“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.
Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.
Joe Nocera: Government’s Not Dead Yet
I met up recently with my old mentor, Charlie Peters, the founder, editor and driving force behind The Washington Monthly, where I worked in the late-1970s. Charlie is a supreme idealist who believes deeply in the good that government can do. He saw it growing up with Roosevelt’s New Deal and then again as a member of Sargent Shriver’s Peace Corps, where he served as the agency’s first director of evaluation.
Now 85, Charlie still believes that that government can make a difference in people’s lives. Knowing that many Americans have turned against this idea, he is writing a book “to give evidence that it has happened – and to show it can happen again,” he told me. The New Deal and the Great Society were eras when “money was not the driving force in choosing a career,” he said. “Passion was. People wanted to be able to do something about the country’s most pressing problems – and government was the place to do that.”
As Charlie spoke, it occurred to me that there is one agency in today’s government where you can still see that passion: the Consumer Financial Protection Bureau. Last week, I went to Washington to spend some time with some of the bureau’s new employees.
Dean Baker: The Paul Ryan Rorschach Test
House Budget Committee Chairman Paul Ryan did a great public service when he released his budget last week. By throwing a piece of total garbage on the table and pretending it is a real budget plan, he allowed us to see who in Washington is serious about the budget and who just says things that will push their agenda.
It is easy to see that Ryan himself could not possible be serious about the document he put out as a “Path to Prosperity.” The Congressional Budget Office analysis of the plan, which was prepared under Representative Ryan’s direction, shows that all categories of government spending outside of health care and Social Security will shrink to 3.75 percent of GDP by 2050.
Not surprisingly, today’s debut Supreme Court argument over the so-called “individual mandate” requiring everyone to buy health insurance revolved around epistemological niceties such as the meaning of a “tax,” and the question of whether the issue is ripe for review.
Behind this judicial foreplay is the brute political fact that if the Court decides the individual mandate is an unconstitutional extension of federal authority, the entire law starts unraveling.
But with a bit of political jujitsu, the president could turn any such defeat into a victory for a single-payer healthcare system — Medicare for all.
Here’s how.
E.J. Dionne, Jr.: The Right’s Etch A Sketch Imperative
Clarifying moments are rare in politics. They are the times when previously muddled issues are suddenly cast into sharp relief and citizens are given a look behind the curtains of spin and obfuscation.
Over the last week, Americans were blessed with three separate clarifying moments.
Rep. Paul Ryan made absolutely clear that he is not now and never was interested in deficit reduction. After a couple of years of being lauded by deficit hawks as the man prepared to make hard choices, he proposed a budget that would not end deficits until 2040, but would cut taxes by $4.6 trillion over a decade while also extending all of the Bush tax cuts, adding another $5.4 trillion to the deficit. Ryan would increase military expenditures, and then eviscerate the rest of the federal government.
Oh yes, Ryan claims he’d make up for the losses from his new tax cuts with “tax reform,” but offered not a single detail. A “plan” with a hole this big is not a plan at all. Ryan’s main interest is in cutting the top income tax rate to 25 percent from the current 35 percent. His message: Solving the deficit problem isn’t nearly as important as (1) continuing and expanding benefits for the wealthy, and (2) disabling the federal government.
John Nichols: How ALEC Is Creating Florida-Style Messes in Other States
Wisconsin is a rod-and-gun state, with a hunting history that has fostered traditions of broad gun ownership and respect for the right to bear arms.
So how did Wisconsin get saddled with a “Castle Doctrine” law that mirrors some of the worst aspects of the Florida legislation that’s now at the center of the controversy over the killing of 17-year-old Trayvon Martin.
Not because sportsmen and women, law enforcement officers, legal scholars or grassroots citizens decided Wisconsin should borrow bad ideas from distant states.
Wisconsin has a “Castle Doctrine” law because the American Legislative Exchange Council, the corporate-funded group that aligns special-interest organizations and corporate donors with pliable legislators, made the Florida law “model legislation.” Then ALEC-aligned political insiders such as Assembly Majority Leader Scott Suder, a national ALEC task-force member, and Governor Scott Walker, an ALEC alumnus, introduced, passed and signed “Castle Doctrine” legislation-despite warnings from Wisconsin law enforcement leaders and responsible gun owners that it was a poor fit for the state.
Ari Berman: Minnesota’s War on Voting
Last year, Republicans introduced legislation in thirty-four states to mandate government-issued photo IDs to cast a ballot. Nine GOP states have passed voter ID laws since the 2010 election, including Pennsylvania earlier last month. Minnesota, another important battleground state, could be next.
Last year, Minnesota Democratic Governor Mark Dayton vetoed a bill from the GOP legislature that would have given the state the strictest voter ID law in the nation, prohibiting passports, military IDs and student IDs as valid documentation. Now the legislature is bypassing the governor by approving a constitutional amendment for voter ID that will go on the November ballot. The House and Senate have each passed their own versions of the legislation; once agreed upon, the measure will go on the 2012 ballot. If approved by voters, the 2013 legislature will implement the particulars of the law.
Mar 27 2012
On This Day In History March 27
This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.
Find the past “On This Day in History” here.
March 27 is the 86th day of the year (87th in leap years) in the Gregorian calendar. There are 279 days remaining until the end of the year.
On this day in 1939, March Madness is born.
The University of Oregon defeats The Ohio State University 46-33 on this day in 1939 to win the first-ever NCAA men’s basketball tournament. The Final Four, as the tournament became known, has grown exponentially in size and popularity since 1939. By 2005, college basketball had become the most popular sporting event among gamblers, after the Super Bowl. The majority of that betting takes place at tournament time, when Las Vegas, the internet and office pools around the country see action from sports enthusiasts and once-a-year gamblers alike.
For the first 12 years of the men’s tournament, only eight teams were invited to participate. That number grew steadily until a 65-team tournament format was unveiled in 2001. After a “play-in” game between the 64th and 65th seeds, the tournament breaks into four regions of 16 teams. The winning teams from those regions comprise the Final Four, who meet in that year’s host city to decide the championship.
March Madness is a popular term for season-ending basketball tournaments played in March, especially those conducted by the National Collegiate Athletic Association (NCAA) and various state high school associations. Fans began connecting the term to the NCAA tournament in the early 1980s. Evidence suggests that CBS sportscaster Brent Musburger, who had worked for many years in Chicago before joining CBS, popularized the term during the annual tournament broadcasts. The phrase had not already become associated with the college tournament when an Illinois official wrote in 1939 that “A little March Madness [may] contribute to sanity.” March Madness is also a registered trademark, held jointly by the NCAA and the Illinois High School Association. It was also the title of a book about the Illinois high school tournament written in 1977 by Jim Enright.
H. V. Porter, an official with the Illinois High School Association (and later a member of the Basketball Hall of Fame) was the first person to use March Madness to describe a basketball tournament. Porter published an essay named March Madness in 1939 and in 1942 used the phrase in a poem, “Basketball Ides of March.” Through the years the use of March Madness picked up steam, especially in Illinois, Indiana, and other parts of the Midwest. During this period the term was used almost exclusively in reference to state high school tournaments. In 1977 the IHSA published a book about its tournament titled March Madness.
Only in the 1990s did either the IHSA or NCAA think about trademarking the term, and by that time a small television production company named Intersport, Inc., had beaten them both to the punch. IHSA eventually bought the trademark rights from Intersport and then went after big game, suing GTE Vantage, Inc., an NCAA licensee that used the name March Madness for a computer game based on the college tournament. In a historic ruling, “Illinois High School Association v. GTE Vantage, Inc.” (1996), the United States Court of Appeals for the Seventh Circuit created the concept of a “dual-use trademark,” granting both the IHSA and NCAA the right to trademark the term for their own purposes.
Following the ruling, the NCAA and IHSA joined forces and created the March Madness Athletic Association to coordinate the licensing of the trademark and investigate possible trademark infringement. One such case involved a company that had obtained the Internet domain name marchmadness.com and was using it to post information about the NCAA tournament. After protracted litigation, the United States Court of Appeals for the Fifth Circuit held in March Madness Athletic Association v. Netfire, Inc. (2003) that March Madness was not a generic term and ordered Netfire to relinquish the domain name. (This domain name is currently being used to redirect into the main NCAA.com web site.)
In recent years, the term “March Madness” has been expanded to include all conference tournaments in college basketball, with the term “The Big Dance” being used more frequently when specifically referring to the NCAA Tournament. March Madness has also has been used generally to describe all basketball tournaments across the country that occur in the month of March – high school and college, male and female.
The coverage and live blogging of all the 2012 Men’s and Women’s NCAA Championship are happening here at The Stars Hollow Gazette.
Mar 26 2012
Punting the Pundits
“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.
Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.
Paul Krugman: Lobbyists, Guns and Money
Florida’s now-infamous Stand Your Ground law, which lets you shoot someone you consider threatening without facing arrest, let alone prosecution, sounds crazy – and it is. And it’s tempting to dismiss this law as the work of ignorant yahoos. But similar laws have been pushed across the nation, not by ignorant yahoos but by big corporations.
Specifically, language virtually identical to Florida’s law is featured in a template supplied to legislators in other states by the American Legislative Exchange Council, a corporate-backed organization that has managed to keep a low profile even as it exerts vast influence (only recently, thanks to yeoman work by the Center for Media and Democracy, has a clear picture of ALEC’s activities emerged). And if there is any silver lining to Trayvon Martin’s killing, it is that it might finally place a spotlight on what ALEC is doing to our society – and our democracy.
New York Times Editorial: When Other Voices Are Drowned Out
The Supreme Court’s 5-to-4 ruling in Citizens United in 2010 was shaped by an extreme view of the First Amendment: money equals speech, and independent spending by wealthy organizations and individuals poses no problem to the political system. The court cavalierly dismissed worries that those with big bank accounts – and big megaphones – have an unfair advantage in exerting political power. It simply asserted that “the people have the ultimate influence over elected officials” – as if campaigns were not in the business of influencing and manipulating voters.
The flood of money unleashed this election season is a direct consequence of this naïve, damaging view, which has allowed wealthy organizations and individuals to drown out other voices in the campaign. The decision created a controlling precedent for other legal decisions that made so-called super PACs the primary vehicles for unlimited spending from wealthy organizations and individuals. In theory, they operate independently of candidates. In reality, candidates are outsourcing their attack ads to PACs, so financing a PAC is equivalent to financing a campaign.
NEW statistics show an ever-more-startling divergence between the fortunes of the wealthy and everybody else – and the desperate need to address this wrenching problem. Even in a country that sometimes seems inured to income inequality, these takeaways are truly stunning. [..]
The only way to redress the income imbalance is by implementing policies that are oriented toward reversing the forces that caused it. That means letting the Bush tax cuts expire for the wealthy and adding money to some of the programs that House Republicans seek to cut. Allowing this disparity to continue is both bad economic policy and bad social policy. We owe those at the bottom a fairer shot at moving up.
Robert Kuttner: Health Reform’s Day in Court: Don’t Bet the Farm on the Mandate
The constitutionality of the Affordable Care Act, the subject of three days of oral argument before the Supreme Court beginning Monday, could well turn on whether the Court concludes that Congress can compel a citizen to buy a commercial product, in this case health insurance.
At the heart of the Act is the “individual mandate” which President Obama campaigned against as a candidate, and then turned around and supported as president. The mandate was part of a deal with the health insurance industry, which stopped ferociously opposing the Administration’s bill once it became a source of additional business.
The Administration and its supporters contend that requiring people to purchase health insurance is a natural extension of the Constitution’s Commerce Clause. If government can regulate health insurance at all, they say, it can legitimately use a mandate as a policy instrument.
Jeff Goodell: Lessons from Obama’s Keystone Cave-In
Last week, President Obama stood in front of a pile of big green pipes – yes, green pipes – in Cushing, Oklahoma, and promised to expedite approval of federal permits for the southern leg of the controversial Keystone XL pipeline. It was a crushing defeat for enviros and clean energy activists, many of whom have waged a long and pitched political battle over the fate of the pipeline [..]
In any crass political calculation, drilling for oil will always win more votes than putting a price on carbon. But if I recall what I was taught in fifth-grade American government class, we elect presidents to do more than crass political calculations. Obama wants to be thought of as the president who freed us from foreign oil. But if he doesn’t show some political courage, he may well be remembered as the president who cooked the planet.
Elizabeth Grossman: Scientists Warn of Low-Dose Risks of Chemical Exposure
A new study finds that even low doses of hormone-disrupting chemicals – used in everything from plastics to pesticides – can have serious effects on human health. These findings, the researchers say, point to the need for basic changes in how chemical safety testing is conducted.
Since before the publication of Rachel Carson’s Silent Spring 50 years ago, scientists have known that certain synthetic chemicals can interfere with the hormones that regulate the body’s most vital systems. Evidence of the health impacts of so-called endocrine-disrupting chemicals grew from the 1960s to the 1990s. With the 1996 publication of Our Stolen Future by Theo Colborn, Dianne Dumanoski, and J. Peterson Myers, many people heard for the first time how such exposures – from industrial pollution, pesticides, and contact with finished consumer products, such as plastics – were affecting people and wildlife. Since then public concern about these impacts has grown.
Mar 26 2012
Obama, the “Neocon”
On his March 23 program, Bill Moyer had a fascinating interview with Andrew Bacevich, West Point graduate, Vietnam vet and author of The Limits of Power: The End of American Exceptionalism on how America needs to start moving beyond war:
Nine years after Baghdad erupted in “shock and awe,” we’re once again hearing in America the drumbeat for war in the Middle East. Now, the bull’s-eye is on Iran. But what we need more than a simple change of target is a complete change in perspective, says Andrew Bacevich, a West Point graduate and Vietnam veteran-turned-scholar who’s become one of the most perceptive observers of America’s changing role in the world. [..]
“Are we so unimaginative, so wedded to the reliance on military means that we cannot conceive of any way to reconcile our differences with groups and nations in the Islamic world, and therefore bring this conflict to an end?” Bacevich tells Moyers.
Bacevich also answers the question of whether Iran is a direct threat to America with a definitive no. “Whatever threat Iran poses is very, very limited,” he tells Moyers, “and certainly does not constitute any kind of justification for yet another experiment with preventive war.”
But it is the last five minutes of the hour interview served up by Moyers that bring into perspective the foreign policies of President Barack Obama and how he has not only adopted the neocon policies of American exceptionalism but is publicly on board with them.
BILL MOYERS: We have to hope a copy of Andrew Bacevich’s new book makes its way to Barack Obama. He could use a dose of the reality served up in its pages. A reality quite contrary to the book the President has been waving around in public for all to see. This book: The World America Made, by Robert Kagan. Kagan’s a well-known figure inside the Beltway, that matrix of think tanks, policy intellectuals, and research centers that have so long and faithfully served to uphold the empire. In it, Kagan dismisses what he calls “the myth of American decline,” and compares the United States to Jimmy Stewart’s character in the Frank Capra movie It’s a Wonderful Life. America is to the world, Kagan contends, what Stewart was to the town of Bedford Falls.
HARRY in It’s a Wonderful Life: To my big brother George, the richest man in town.
BILL MOYERS: Which without him would have fallen into unseemly hands and disrepute, as the world would have without America. To think otherwise, he writes, is “wishful thinking.”
Not surprising that President Obama, according to The New York Times, has “brandished Mr. Kagan’s analysis in arguing that America’s power has waxed rather than waned.”
And just who is Robert Kagan? Well, he served in the State Department when Reagan was president. He advised John McCain in 2008 and these days is special advisor on national security and foreign policy to Mitt Romney.
MITT ROMNEY: Let me make this very clear, as President of the United States, I will devote myself to an American century and I will never, ever apologize for America.
BILL MOYERS: Oh, yes, back in the late nineties, six years after the first Gulf War and four years before 9/11, Robert Kagan and fellow neo-conservative Bill Kristol founded the Project for the New American Century and signed a letter to then-President Bill Clinton urging him to get rid of Saddam Hussein once and for all – by any means necessary.
In 2002, Kagan wrote, “A devastating knockout blow against Saddam Hussein, followed by an American-sponsored effort to rebuild Iraq and put it on a path toward democratic governance, would have a seismic impact on the Arab world — for the better.” Hindsight is 20-20, as the saying goes, and nine years later we look back and see with perfect clarity how well Jimmy Stewart’s America delivered in Iraq. Talk about wishful thinking.
So next time President Obama’s looking for a book to read, better he pick up a copy of this one: The Short American Century: A Postmortem. In it, several distinguished historians – including Andrew Bacevich – urge us to take off the rose-colored glasses and see the world as it is. It is not a movie.
Iran is not a threat. Yet here we are, the bullseye is Iran and President Obama repeating neocon analysis.
H/T to a close friend who brought the Moyers’ video to my attention. He knows who he is. 😉
The full transcript is below the fold
Mar 26 2012
On This Day In History March 26
This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.
Find the past “On This Day in History” here.
March 26 is the 85th day of the year (86th in leap years) in the Gregorian calendar. There are 280 days remaining until the end of the year.
On this day in 1964, the musical, Funny Girl makes its premiere on Broadway.
Funny Girl is a musical with a book by Isobel Lennart, music by Jule Styne, and lyrics by Bob Merrill. The semi-biographical plot is based on the life and career of Broadway, film star and comedienne Fanny Brice and her stormy relationship with entrepreneur and gambler Nicky Arnstein. Its original title was My Man.
The musical was produced by Ray Stark, who was Brice’s son-in-law via his marriage to her daughter Frances, and starred Barbra Streisand.
Mar 25 2012
Rant of the Week: Glenn Greenwald, Bill Maher, Andrew Sullivan
Glenn Greenwald was a guest on Real Time with Bill Maher and exposes just how hypocritical Maher and Sullivan are.
One irony is that it was preceded by a discussion of hate crimes prosecutions (in the context of the Trayvon Martin and Tyler Clementi cases) in which both Maher and Andrew Sullivan insisted that Americans have the inviolable right to express even the most hateful and repellent opinions without being punished for it by the state, yet were both supportive of the Awlaki killing, an act grounded overwhelmingly if not exclusively in the U.S. government’s hatred and fear of his political speech. The discussion also included Brown University’s Wendy Schiller.
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