Archive for July 11, 2006

Chimp playing Ms. PacMan

And no doubt scoring better than I would.

Duel

Alexander Hamilton biographer Ron Chernow wrote the following two years ago. (The duel was July 11, 1804.) Chernow provides informative background, but here are the essentials.

Two hundred years ago today, Aaron Burr and Alexander Hamilton squared off in a sunrise duel on a wooded ledge in Weehawken, N.J., above the Hudson River. Burr was vice president when he leveled his fatal shot at Hamilton, the former Treasury secretary, who died the next day in what is now the West Village of Manhattan. New Yorkers turned out en masse for Hamilton’s funeral, while Burr (rightly or wrongly) was branded an assassin and fled south in anticipation of indictments in New York and New Jersey. To the horror of Hamilton’s admirers, the vice president, now a fugitive from justice, officiated at an impeachment trial in the Senate of a Supreme Court justice.

So Hamilton, at 49, decided to expose himself to Burr’s fire to prove his courage, but to throw away his own shot to express his aversion to dueling. He gambled that Burr would prove a gentleman and merely clip him in the arm or leg — a wager he lost. With Hamilton’s death, America also lost its most creative policymaker. (The murder indictments against Burr petered out, and he died a reclusive old man in 1836.)

A Deadwood Dozen Questions for the One and Only, W. Earl Brown

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Deadwood Blog would like to know if NewMexiKen’s readers would like to ask W. Earl Brown anything. Brown is the actor who plays Dan Dority on Deadwood. He’s been in more than 60 films and televison programs — among them Seinfeld, CSI, Chicago Hope, and, of course, as Mary’s brother Warren in There’s Something About Mary.

Blasts in Mumbai’s local trains

Whom were you trying to target? The working class men who struggle for an inch of space in local trains? The working women who knit and cut vegetables in trains on their way home? Young, dreamy students discussing exams and love? The babies accompanying their mothers, smiling back at the women around them?

Darkness is fast falling. Its raining like it will not stop. Will the rains wash away the blood? Will tomorrow be a new day. Here’s to lost lifes and broken dreams.

Metroblogging Mumbai

At this writing, the death toll appears to be well more than 100, possibly 300.

Top ten supplemental blogging apps (Mac only)

From The Unofficial Apple Weblog (TUAW), some more good Mac aps.

Moving on up

GasPriceWatch reports today that the highest gasoline price in the U.S. is $3.79 a gallon for regular in Barstow, California. The lowest is $2.59 in Evanston, Wyoming. And the average, nationwide, is $2.96.

Other sources report the average for a gallon of regular is $3.00, just below last September’s Katrina aftermath and the all-time 1981 level (adjusted for inflation).

Indian trust case to be reassigned

The United States Court of Appeals for the District of Columbia Circuit today ordered the chief judge of the district court to reassign the Indian trust case, Elouise Pepion Cobell, et al., v. Dirk Kempthorne, Secretary of the Interior, et al., to a new judge.

In short, in case after case the district court granted extensive relief against Interior, and in case after case we reversed, even under highly deferential standards of review. To be sure, repeated reversals, without more, are unlikely to justify reassignment. But here there is more. For one thing, on several occasions the district court or its appointees exceeded the role of impartial arbiter by issuing orders without hearings and by actively participating in evidence-gathering. For another, the July 12 opinion levels serious charges against Interior and its officials, charges that not only bear no relationship to the issue pending before the court, but also go beyond criticizing Interior for its serious failures as trustee and condemn the Department as an institution.

From all of this evidence, “an objective observer is left with the overall impression,” Microsoft I, 56 F.3d at 1463, that the district court’s professed hostility to Interior has become “so extreme as to display clear inability to render fair judgment,” Liteky, 510 U.S. at 551. What distinguishes this case from one in which a judge has merely become “exceedingly ill disposed towards [a party which] has been shown to be … thoroughly reprehensible,” id. at 550-51, is, most certainly, not any redeeming aspect of Interior’s behavior as trustee. Rather, what distinguishes this case is the combination of the content of the July 12 opinion and the nature of the district court’s actions. Given these seemingly unique circumstances, and given that “justice must satisfy the appearance of justice,” Offutt v. United States, 348 U.S. 11, 14 (1954)—that is, reasonable observers must have confidence that judicial decisions flow from the impartial application of law to fact, not from a judge’s animosity toward a party—we conclude, reluctantly, that this is one of those rare cases in which reassignment is necessary.