I'm Getting Too Old For All-Nighters - Or Even Almost-All-Nighters

Cox v Town of Oriental is taking more energy than I had hoped. Or maybe it is that I'm not as young as I used to be - but who is?

Last Sunday I was up most of the night reviewing the plaintiff appellant's (that's me) reply brief. What should I say about "defendant-appelant's" ( the Town) brief?

There was a lot to cover. Cases to read, past records to review, logical connections to think through. It isn't easy.

Is it worth it?

I think what is at stake is, at bottom, whether we will have the rule of law, and whether that law will protect the public interest.

In my view, those are pretty high stakes.

I never intended that the case be seen as a personal dispute.

I keep thinking of that scene in Godfather where the racketeer is taken for a ride: "This isn't personal - it's business!" the killer assures his victim.

My action isn't all that drastic.

I am told that the NC Court of Appeals has the goal of issuing its rulings no more than sixty days after receiving a case. The attorney filed the reply brief yesterday.

We may know the outcome in two months. But some cases take longer.

I will let my readers know when the reply brief is posted on the Court's web site.

Have You Ever Visited Beringia?

I have never quite bought the conjecture that North America was populated by people walking along the "land bridge" from Asia and bringing their Clovis points with them.

Why could they not have come by Sea? In fact, that's the way the aborigines reached Australia 30,000 years ago.  My surmise is that the land bridge theory is written by landsmen. Seamen know that the most efficient way to get from one place to the other is by water.

Now, though, we have new tools for investigating our ancient past. We have, for example, DNA studies that have been able to trace the migration of certain populations across the globe as they came out of Africa and dispersed.

We have been able to trace particular DNA mutations from place to place. We also know, to a fair degree, how often mutations happen.

Another improving tool is that of linguistic analysis. Linguists can also track evolution of languages and language families as they spread, mutate, interact and evolve.

A powerful new marriage of DNA research and linguistics postulates that, instead of a bridge connecting Asia and North America, there was an area of shrub tundra between Alaska and Siberia where ancestors of both Native Americans and Siberian peoples lived in isolation for 15,000 years before migrating both Eastward and Westward as the sea level began to rise.

Here is a summary of the research that tends to support this view.

I still like the hypothesis that Native Americans came by sea.

Why Is Ukraine's Economy So Fouled Up?

Justin Fox in Harvard Business Review has an interesting article on Ukraine's economy. Why is it so bad? In a nutshell - rampant corruption.

New Town Manager

I like what I read about the experience and education of the new Town Manager. I look forward to meeting her.

I have just one piece of advice - but she seems sharp enough to figure it out herself. Don't have a protracted turnover. I suggest no more than two or three days. Any more than that tends to confuse staff about who they really work for.

Scenes Of Kiev, 1997

In 1997, I took a couple of business trips to Kiev. I was working on a USAID contract to assist in privatization of Ukrainian real estate. Not a simple matter. But I was able to see some of the city.

Ukraine National Day 1997- Band Played Only Sousa Marches

Maidan Square

Fountain In Maidan Square

Column In Maidan Square

Lenin

Musician On Cathedral Grounds

Affordable Care Act - The Real Story

Two weeks ago we were all watching the Winter Olympics in Sochi (as Putin was plotting the takeover of Crimea), frequently interrupted by a blonde woman whining that "Obamacare doesn't work." She also said she doesn't like political ads, even as she was making one. Her complaint that millions of Americans were losing their health insurance just isn't so.

Anecdotes about losing insurance, when examined closely, mostly relate to insurance policies that don't insure. So-called "catastrophic insurance."

A friend of mine had one of those. It didn't cover preventive care. He couldn't afford regular doctor's visits, but kept enough savings to cover the deductible. In short, he was as responsible as anyone in his economic circumstances could be.

When the catastrophe came, he had stage four colon cancer. Treatment took all of his savings and kept him alive for about a year. As insurance, his policy was all but worthless.

Since the Affordable Care Act, previously uninsured individuals now have insurance. Persons who previously would have been unable to get insurance because of "pre-existing conditions" can now get insurance.

Here is the story of one cancer patient whose life was saved.

Here is an earlier post of mine explaining the Republican scheme to discredit ACA. 

Ukraine's Memorandum of 1994 Agreeing to Give Up Nuclear Weapons In Return For Security Guarantee

Here is the agreement of 1994 whereby Ukraine gave up her nuclear weapons in return for a security guarantee.

Russian occupation of Crimea clearly violates that agreement.

History Doesn't Repeat Itself, But It Rhymes

This was Mark Twain's take on the lessons of history.

Ukraine's travails of the past three months and Russia's intervention remind me of nothing so much as the events leading up to Germany's occupation of Czechoslovakia in 1938.

After World War I, the Austro-Hungarian Empire was dismantled into a number of constituent successor states, among them Czechoslovakia. The Czech lands of Bohemia and Moravia were prosperous, modern, productive economies. But a substantial percentage of the population were German - speakers who had previously enjoyed a privileged position in the Austro-Hungarian Empire. They resented the new ascendancy of speakers of Czech and Slovak languages.

On top of this loss of prestige, Czechoslovakia was suffering, like the rest of Europe, from the worldwide depression, affecting the economic prospects of the formerly dominant group.

Resentment boiled up against what the German speakers viewed as Czech atrocities against them. These so-called atrocities were mostly invented, but founded on resentment. Reinvented as a new nationality, the "Sudeten" Germans invited Germany under Hitler to occupy first the "Sudetenland" and then all of Czechoslovakia.

British Prime Minister Neville Chamberlain negotiated a settlement with Germany. In a radio broadcast of 27 September 1938, he had this to say about it:

"How horrible, fantastic, incredible it is that we should be digging trenches and trying on gas-masks here because of a quarrel in a far away country between people of whom we know nothing. It seems still more impossible that a quarrel which has already been settled in principle should be the subject of war."

In the end, the agreement didn't work out well for any of the parties.

John Maynard Keynes foresaw the economic aspects of the disaster in his essays "The Economic Consequences of The Peace" and "The Economic Consequences of Mr. Churchill."

Diplomatic efforts collapsed with the collapse of the League of Nations.

Czechoslovakia was well prepared to defend itself so long as it retained the "Sudetenland." But it couldn't stand alone against the major powers. France couldn't come to the aid of Czechoslovakia because many of her leaders were more worried about the Communist "menace" than about Germany and the French military cowered behind the Maginot Line. Britain had a formidable navy, but not much of an army. The Soviet Union had no direct border with Czechoslovakia either.

Neither Ukraine nor any other power wants to see war break out. The risks of letting Russia get away with the partition of Ukraine are greater than most of the public seems to realize. Russia is violating agreements made to assure Ukrain's territorial integrity as a price of Ukraine agreeing to turn over nearly 2,000 nuclear weapons. Such agreements are generally necessary when nuclear proliferation is at issue.

Good luck getting other near-nuclear powers to give up their capability if existing nuclear powers don't make good on Ukrainian security.

For what it's worth, the stock market doesn't seem pleased with events.