Showing posts with label Lawyers. Show all posts
Showing posts with label Lawyers. Show all posts

Wednesday, January 17, 2024

THE INTERNET NEVER FORGETS (But It Could Die)

"The internet never forgets."
 
But, it could die.
 
 
Just in case, herein below (stupid lawyers) is what I could scrape from the interwebs, the remains of my written, posted work from blog posts over the last, oh, say, 14 years.  I will always contend that much deep thought went into these rants, some were even fully captured. These thoughts, framed by bits of time, have been fueled by one American citizen's concern -- for both ourselves and our posterity.
 
With my mother-in-law's funeral service coming next week, what I can honestly say is that I have done and what I have done here to express, despite the degrees of separation the internet creates, what I know to be true, good, and consistent. 
 
In the words of Nathaniel Benchley, "Only Earth and Sky Last Forever."
 
I'm not trying to top "mean Tweets," because it is the Divine Comedy that keeps me laughing.
And with all our years of accumulated experience, and purported wisdom, boomers like us may need to re-consider that in the eyes of our children, we are simply fools, who care too much to simply quit. 
 
Consider this body of work --- 
 
and remember --- 
 
whether at age 65, or any age, we are always a work in progress.
 
/initialize Time Warp  
 
[some links may be missing --- if so, they didn't die, they just faded away . . . ]


FROM THE ARCHIVES

"Wit, Gun, and Stein" (2009 - 2011) 
and
"English Swill" (2012 - 2019)

*HUMOR*


¤ "That's Not Funny, That's Sick ..." - When Sincerity Becomes Absurdity
by Roy Santonil (May 5, 2009)

by Roy Santonil (May 20, 2010)
 
 
*CULTURE*

 
¤ "Fool Me Twice" - Sorry, Not Sorry
by Roy Santonil (September 12, 2009
 
by James Bowman (October 25, 2009
 
by Roy Santonil (January 30, 2010
 
¤ "The New Paradigm: You're Welcome" - Last Refuge or Last Resort?
by Roy Santonil (April 19, 2010)
 
¤ "A Tribute to Snail Mail" - Literally, An Internet Post
by Roy Santonil (June 9, 2010
 
¤ Word Wars - Care for Some Tea?
by Roy Santonil (November 2, 2010)
 
¤ "Creepy Misfits and Multiple Losers" - Let Me Keep My Precious Self-Loathing
by Roy Santonil (November 22, 2010
 
¤  "The End Of The Trail James Earl Fraser (1915)" - I'm Done (3 Final Essays)
by Roy Santonil (December 26, 2010)
 
(March 12, 2011)  
*LAW*
 

 
by Roy Santonil.(January 23, 2018)

¤ "The High Road" - Remember Prohibition?
by Roy Santonil (September 3, 2009
 
*GOLF*

¤ "On Respect" - Why the FedEx Cup Sucks
Golf Press Association Article (published August 22, 2007)

¤ "On Golf" - A Must Read For Every Golfer 
by John Updike, author of the Everyman's Library, The Witches of Eastwick, Marry Me, Brazil, The Coup, and Terrorist (originally published in The New York Times, June 10, 1973)

by Roy Santonil (March 26, 2009
 
¤ "Tiger's Moral Hazard" - A Game of Sorrows
A New York Times Essay by Robert Wright (Posted March 31, 2010)
 
¤ "Putters of Distinction" - Bulls Eye!
by Roy Santonil (April 18, 2010
 
¤ "Pinetuck Golf Course: Old School" - Golf Course Review
by Roy Santonil (May 11, 2010)
 
 ¤ "The Divide Golf Course: Cart Golf" - Golf Course Review
by Roy Santonil (June 2, 2010)
 
by Roy Santonil (June 5, 2010
 
by Roy Santonil (June 14, 2010
 
by Roy Santonil (June 22, 2010)

¤ "The Tradition: Demons vs. Aces" - Golf Course Review
by Roy Santonil (June 26, 2010)

¤ "The Art of Distraction" - No excuses.
by Roy Santonil (July 24, 2010
 
by Roy Santonil (August 10, 2010
 
¤ "TPC Piper Glen: Show Me The Money" - Golf Course Review
by Roy Santonil (August 18, 2010)
 
 ¤ "A New Low" - 72
by Roy Santonil (October 13, 2010)

by Roy Santonil (October 23, 2010)

*MUSIC *
 
¤ "Deacon Blues" - Steely Dan (1977) - I Cried When I Wrote This Song
by Roy Santonil (February 10, 2010
 
¤ "Hey Nineteen" - Steely Dan (1980)  - She Thinks I'm Crazy
by Roy Santonil (November 5, 2010)

LUKE 10:2
 
You Don't Have to LIKE it.
 
SHARE it so you get an objective thought.
 
SUBSCRIBE if you want more.
 
© 2024 by Roy Santonil

 

Wednesday, April 27, 2022

One Thing Leads to Another

Start here.

For you lawyers, do you recall this classic case study from Torts class? 

Palsgraf vs. Long Island Railroad Co. 248 N.Y. 339, 162 N.E. 99 (1928) is legendary because Judge Cardozo's analysis of proximate cause reinforced one of the basic elements required in order to plead a valid cause of action for liability on the grounds of negligence. But back to my point, since I refuse to walk back into those weeds planted in my brain during those hellish indoctrination rituals called "law school" and "bar exam." 

Let it suffice to say that chasing Truth down rabbit holes is a journey full of surprises, and you never know where gritty, honest research will lead you. The Newtonian paradigm is gone. Quantum Mechanics and the Butterfly Effect are real things. Dark Matter and String Theory rule science. 

For now.

I simply wanted to discuss the problem of Factions in a large republic (link here!). 

But, in a momentary lapse of reason, during the course of my study, I had a flashback -- yes, another 80's song (no, not "Take On Me"). This one is by The Fixx, called "One Thing Leads to Another.

Good tune. May be worth your time (3:12 duration). Press "Play," and pay attention to the lyrics.

Or not.

So back to the problem of dealing with Factions, what they are, and how Madison thought we could handle the problem of factionalism within a large republic such as ours. A Faction is a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

In Federalist 9, Hamilton needed to address the ideas of Charles Montesquieu, a French Philosopher whose prinicipal work, L'Esprit Des Lois, is one of the greatest works in the history of political theory and in the history of jurisprudence. Madison's Federalist 10 was a sequel to Hamilton's Federalist 9.

See? One thing leads to another. 

It started with Federalist 10, a proper study of which necessitated that we retrace the origins of the debate back to Federalist 9, which led to a recognition that Montesquieu's work set the foundational precepts. This sequence of connected historical sources led me to thinking about how so many apparent effects have unacknowledged causes. That led me to realize the legal importance, and occasional futility, of finding proximate causes, which was the key issue in the Palsgraf case. For me, the whole discussion of proximate cause reconciled musically, to The Fixx.

Simple Minds Need Complex Stimuli

Boomers, I've said it before and I'll say it again -- gettin' old ain't for sissies

Brief history lesson: The Federalist Papers were published under the pseudonym "Publius," and were written to persuade American Revolutionaries that a "federation" of sovereign States was, for many reasons, the best course of action to form a government in the late 1700's. 

After we defeated the British, a world without kings became possible. The ideal of human Liberty now superceded the "divine right" of inbred dilettantes. Uncharted aspirations and claims that were made, written, and signed by our nation's wisest elders on July 4, 1776, could now become manifest without monarchic suppression.

"Equal Rights Under The Law!"

Now to the problem of forming that government. Montesquieu advocated Separation of Powers doctrine as a way to address the problem of factions, however, he also contended that the theory would fail in large republics. He thought large republics, such as that proposed on the North American continent were prone to fall into despotism due to their sheer size, and therefore, the cannibalistic nature of factionalism would not be contained. As a sidenote, he was also an early adopter of the notion that climate (!) has a substantial influence on the human society.

Beginning with the formal title, Madison responded:

"THE SAME SUBJECT CONTINUED

THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND INSURRECTION"

Now that title appears to be written in English, and because I am a natural, native, English-speaking American citizen, I am empowered to understand (as you should) what the author is saying. 

Literally. Today. Year 2022.

I mean, WTF did we go to school for? To learn to drink? Was it to learn how to woo a spouse. And by "spouse," I mean that person you married who has a different chromosomal composition than yours. 

But I digress.

Look, writers are accountable for the words they utilize. But conversely, a reader is NOT entitled to ascribe to a writer thoughts and ideas not at all supportable in the words expressed in writing. Some may call this form of constitutional/statutory interpretation a curse. I disagree. It would be more precise and correct to say that holding words to the users meaning is a "spell." Deviate from the word, you deviate from the spell. The constitution is a covenant, a spell structured to maximize Liberty (for ALL), by recognizing natural democratic processes, but limiting their reach, in order to counteract and suppress tyrannical leaders, who desire to implement their factional, numerically justified aims, regardless of their adverse effects. Unchecked factions lead to injustice and they are the fatal flaw of direct democracy. Thus, our Founders, through the words "We The People," called for and eventually ratified A REPRESENTATIVE REPUBLIC.

Why? Because words cage thoughts.

Publius creates the argument. Whether you think it valid and logical, or misleading and fallacious, the contention is that the Union of States are a SAFEGUARD, a protection, a precaution, an answer, a bulwark, if you will, literally against domestic factions and insurrection.  

Please note the correct usage of "literally."

Whether from the loony left or stenchly conservative right, it is literally indisputable that the Founders saw the creation of our Union (as constituted and ratified among the several States) to be the ideal answer to the problem of political factions, which are the early formative stages of mass psychosis. (Hello, Mr. Hitler)

Despite our large geography, and the cacophony of Tweets, the melting, snowflake tears claiming that THEIR particular untethered rights should prevail over others more wisely and virtuously considered, Federalist 10 shows how we avoid the mistakes of past civilizations and transcend the fate of past governments that descended into centralized, totalitarian, madness, like the current one, surrendered to the whims of senile, insane, child-molesting, sock puppet, power-hungry, criminal creeps of a certain faction. You can guess what THEIR letters stand for.

"I'll circle back you on that."

I'll drink to that. 🍺


 © 2022 by Roy Santonil

Monday, March 7, 2022

Code Breakers (Part 2 of 3)

Start here

Part One of this series adds context to my deep concern about what I call "linguistic cheat codes." 

Picking up where we left off, I present to you my Top 5 language cheats as part of a new drinking game. How many cheats can you catch while listening and watching the globalist spin doctors and sociopathic corporate lawyers battle for control over our hearts and minds? 

Listen for these:

1. "Honestly," --- [translation: "I'm lying."] This cheat word slips by listeners so often, and so subliminally that, honestly, speakers will drop it when they are making an especially weak and invalid point. Honestly, if you hear it, just know the speaker is scraping for words to convince you of something, but unfortunately, the absence of merit in their argument and speaker's lack of veracity suggests they are not being forthright. They know you are not buying what they are selling, and (honestly) you shouldn't buy it.

2. "The American people" -- [translation: "my sponsors and contributors"] This cheat code is particularly loathsome. Alarm bells should go off in your mind -- letting you know that before you is speaking a pitiful politician, on full display, confidently engorged, spewing tripe. The level of arrogance and condescension required for a speaker who deigns to know the policy preferences of a heterogenous nation like "the American people" is staggering. They use the phrase -- "the American people." When you break the code, you know that they really mean -- "all those suckers who give me money."

3. "At the end of the day." -- [translation: "stop thinking and obey."] "At the end of the day" is a time warp code. It suggests you do not have the time or the mental capacity to fully consider the speaker's point, thus your independent critical thoughts must be put aside . . . because . . . it is the end of the day. The speaker is suggesting you have no further alternatives; therefore, you must accept the argument, i.e., your time for deliberation has expired. Using the phrase "at the end of the day" is intellectually lazy, an appeal to convenience, and at the end of the day, just another linguistic cheat code.

4. That being said," -- [translation: what I just said is irrelevant] When you hear this phrase, the speaker has just negated every preceding statement. "That being said," means the speaker is ready to make a point directly contradictory to "that being said," and now they are making their actual point. Everything before the phrase "that being said," is an effort to lull your critical thinking skills to sleep. The validity, the merit, even the truth, of the opposing point, "being said," is now rendered meaningless. "That being said," when used properly, should emphasize the strength of the point to follow, which in this case is that corporate and mainstream messaging is likely a form of deception on demand. 

Finally, we have the weasel word that has become one of the most prevalent in recent times:

5. "Misinformation." [translation: "LYING"] Rather than address the merits of an opponent's reason or assess the evidence presented, word weasels and spin doctors dismiss it as misinformation. Misinformation is close cousin of "conspiracy theory," in that it attacks the veracity of the opposition arguments. These are Langley-level cheat codes because it deflects critical thought from the consideration that persons making the accusations are themselves hiding the truth. It's spooky. Rather than making a direct accusation (i.e, "you are lying!"), and allowing a detached listener to determine for themselves who carries more credibility, word weasels call it "misinformation." It softens the accusation, making seem as if you are gently correcting. Nice touch, however, adults say what they mean, and what they really mean is "lying."

There you have it. Those my Top 5 cheat codes for talking heads. 
 
Come on, Barbie! Let's go party!
I dare you to play this new drinking game, with or without friends. The Next time you are plopped in front the TV watching or streaming some representational eggheads bleating propaganda, have a slug every time you hear those cheating word weasels use one of these codes. I dare you. 

From the bimbos at Fox News to your favorite podcaster, to your favorite echo chamber, and even your best friend, whatever your information source . . . everyone is doing it! 

There will be blood.

Have a nice hangover.

To PART THREE



  © 2022 by Roy Santonil

Monday, February 21, 2022

Code Breakers (Part 1 of 3)

Start here

I'm not lazy, dammit. 

I'm efficient, and to some that looks lazy. Of course it doesn't help to be middle-aged and (slightly) overweight. Some stereotypes are justified. But even if 60 is the new 40, that doesn't affect my work. 

I happen to think that stereotypes serve a comedic impulse. Unfortunately, when misused, they exacerbate improper discrimination. Clearly, a person's immutable physical attributes are an awfully unreliable predictor of their attitude. Fellow Boomers, my prevailing attitudes about life were shaped in a crucible of American military tradition. 

Have you identified your crucible?

This week's comment (BTW, yours are welcome, too) deals with codes. No, not the millions of lines of mathematical computer codes that people smarter than me write in exotic languages like Python, Perl, Pascal, Forth, Frink, Erlang, Haskell, C, C+, C++ (D), Eiffel, Oberon, Occam, ChucK , or one of many scripting codes such as Beanshell or Mondrian (a combination of Haskell and Java). These codes, whose names resonate like Pokémon creatures, are written to create the programs and algorithms that let us play video games, text messages to friends, schedule dental appointments, write blogs, surf porn, order sandwiches, and catch car rides via your computer, telephone, and tablet screens. 

I'm talking here about linguistic codes, utilized by so-called humans, media types, and public policy advocates. You know. The "cheat codes" are used formally and informally, suggesting a manner that is, let's say, less than direct, and often misleading. Weasel words, wiggle words, any way you put it, abuses of language, forked tongues using cheat codes are the oldest tool the devil uses to deceive and defraud. 

The unwary must suffer the swampy mendacity of professional psychopaths who conjure black into white, up becomes down, male and female become indistinguishable, putting future generations at risk. And probably the worst effect of all is that evil and corruption disguises itself as something worthy and good. It is a way of talking without speaking. It slips past your common sense, hypnotically. It washes brains clean of natural caution and slithers into the listener's unconscious mind to open paths for itself, turning half-asleep audiences into victims of mass fraud and craven deceit. (Hello, Doctor Fauci.)

Sure, we are all guilty from time to time, but when you realize the extent to which language is, and always has been, manipulated for nefarious ends, it's easy to become disheartened. Again, I emphasize that we are all guilty in limited and varying gradients of degrees, but here I hope to wring out some of the most obvious examples, if for no other reason than that someone may spot them in common parlance. If you find it helpful, humorous, or even enlightening, I am so good with that

Anyway, stop calling me lazy. To do so would be a grave mistake of ethnic proportions. Thirty years after passing the California bar exam, I am confident when I assert that corporate lawyers are overpaid tricksters, playing games with language cheat codes. And to me, that has been the cause of even greater harm than the current digital "pandemic." And as for you medical doctors, I say, "An apple a day."

I no longer seek clients, but I did not quit "the Law." I just changed my number and address.  So here goes.

Whenever you hear the phrase:

 "With all due respect,"  

. . . simply substitute this phrase: 

"I do not respect you,"

See? 

Once you break their codes, then the true meanings become clearer.

I am talking about cheat codes for language games. Contrast oxymorons, which are combinations of words with opposite meanings. Language cheats are those occasions where weasely lawyers, and their ilk, use words in seemingly complementary, but ultimately meaningless, fashion. Spin doctors and lawyers can amplify, but more often they obscure, true intentions and hidden agendas. Language codes are a purposeful, sinister, spell casting, dark, political, art.

And the Road to Hell is paved with . . . good linguistic cheat codes.

Wise Men Still Seek Him
Now you may ask yourself, how do I discern a speaker's or writer's truthful intended meaning? 

Aye, there's the rub! Before say, 2001, we could pay closer attention to a person's non-verbal physical cues. Full body, face to face, implied meanings carry great effect when your are in person.

However helpful, those non-verbal cues only matter when your gather with other humans, outside of digital space. We are destroying humanity, one cyber-meeting at a time. The Spoken Word carries subtle and I think unmeasurable variations of tone, volume, pitch, and inflection, some are obvious, most are subconscious. You don't receive the full import of that from a Zoom call or a chat room. We can talk about the tyrannical impulse of muzzle mask mandates, and the unhealthy effects of remote learning on child development -- later.

Whenever you hear, "It doesn't matter." Be careful. Be very careful. It might. And you may someday have to justly and precisely assert why something does. And unless words matter, all Honor is lost.

Our multiverse is baked in with innumerable message transmissions which are accessible or inaccessible at different levels of reception. Decades ago, TV and radio broadcasts of "Your Show of Shows," "I Love Lucy," "Happy Days," "Charlie's Angels," "Mission: Impossible," "Paul Harvey," "Gomer Pyle, U.S.M.C." or more recently "Breaking Bad," Game of Thrones," and "Super Bowl LVI" were transmitted and continue to transmit their electromagnetic wave signals throughout Space. 

Ham radio hobbyists, walkie-talkies, CB truckers (!) and two cans on a string -- all have provided a method for humans to transmit messages across the divide, messages now ethereal, persisting long after their senders have exited the stage. Waves and particles from the past are now light years away. 

The intention of the sender's message becomes less urgent as Time passes and Nature reclaims. 

The emotions and the agendas necessitating cheat codes dissipates. Motives die. 

All that remains is Content. Thank the Lord.

Discern for yourself whether or not to give credence to random speakers to whom you may be listening (including me). Whether they come from the left, right, or center, whether justified or wrongful, whether on-screen or IRL (in real life) -- the fact is, if you pay attention, you will spot the lies.

 Got Content? 

To PART TWO


 © 2022 by Roy Santonil