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Line of Attack: Mitt Romney ad has hits and misses in the message

Nothing's Free

Line of Attack is a weekly feature in which we parse a political attack, looking at the strategy behind it, how the campaign is delivering it and what facts support or refute it. We’ll assign it a rating on the fairness meter: Legit, Eye Roll, Guffaw, Laughable or Outrageous.

Attack: “Obamacare” will cost the little guy. It raids $716 billion from Medicare, taxes wheelchairs and pacemakers, and raises taxes on families making less than $120,000.

Method of Delivery: “Nothing’s Free” is the latest television ad from Mitt Romney, the now-official Republican candidate for president. Fresh on the heels of the Republican National Convention in Tampa, Fla., it directly attacks Obama’s biggest legislative achievement.

Strategy: The Affordable Care Act, or Obamacare if you prefer, gave Republicans a big attack target. But pounding the president for wanting to require individuals to have health insurance is problematic because when he was governor of Massachusetts, Romney signed legislation that included an individual health insurance mandate.

So this ad digs down into other specifics of Obamacare and its purported costs on seniors, the disabled and those making less than $120,000.

Fairness Meter: To dig into the details of the ad, it’s important to understand that the Affordable Care Act has to at least be cost-neutral to the federal government. Providing insurance to a lot more people requires combinations of cost savings (or cuts) and tax increases.

The ad claims the Affordable Care Act is “raiding” $716 billion from Medicare. That number, which you’ve been hearing a lot about recently, comes from the nonpartisan Congressional Budget Office, in a letter to Republican Speaker John Boehner.

Those Medicare cuts would come from reductions in payments to hospitals and insurance companies and the elimination of a premium Medicare insurance plan. Democrats argue that the cost savings will reflect the cutting of waste as opposed to outright cuts.

They also note, more relevantly, that Rep. Paul Ryan, the vice presidential nominee, makes similar cuts in his own budget proposal. So while that number is based in fact, we say this Republican attack makes our eyes roll.

Next, there’s the claim that the budget will tax wheelchairs and pacemakers. There is, indeed, a 2.3 percent tax on medical devices to help pay the costs of the Affordable Care Act, raising an estimated $29 billion over 10 years. The tax won’t directly be on consumers’ purchases for individual use but rather on device manufacturers. While its effect on consumers is disputed by Democrats, there is indeed a tax on these devices that wasn’t there before. So that attack is Legit.

The last claim is that Obamacare raises taxes on families making less than $120,000. Indeed, some individuals may have to pay a tax penalty for not having health insurance. And the Romney campaign points to a Congressional Budget Office document that says 76 percent of those paying the penalty for not having health insurance will make less than $120,000 a year — about 3 million people. But for the ad to claim “raising taxes on families making less than $120,000” implies a much broader hit than that. The claim is Laughable.

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Las Vegas Sun

May 27, 2015

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Barack Obama

Barack Obama shakes hands with supporters Wednesday, Sept. 17, 2008, at Cashman Field in Las Vegas.

Photo by Sam Morris / Las Vegas Sun

Barack Obama shakes hands with supporters Wednesday, Sept. 17, 2008, at Cashman Field in Las Vegas.

Biographical information | Issues | Latest campaign news

U.S. Sen. Barack Obama of Illinois, carrying a message of change and an inspiring speaking style that brought thousands to his campaign rallies, battled through the state primaries earlier this year to eventually win the Democratic nomination for president — making history as the first African-American to do so.

Obama picked as his running mate fellow U.S. senator Joe Biden of Deleware. Biden was an early presidential rival to Obama, but dropped out after the Jan. 3 Iowa caucuses when he got only 2 percent of the delegates.

However, Biden has had to eat some of his early criticisms of Obama, including a debate statement that Obama was too inexperienced to be president. (See YouTube video.)

NEVADA CAUCUS — Obama made several trips to Nevada during the primary season and won the endorsement of the powerful Culinary union. However, Nevada Democrats didn't immediately embrace Obama — he lost the first round of the Nevada caucuses on Jan. 19 to Hillary Clinton. (See the Sun's extensive coverage.)

But by the time the final numbers rolled in, Obama finally won the majority of Nevada's state delegates — and enough delegates overall to beat Clinton and secure the Democratic nomination.

WINNING THE WEST — After the grueling primary battle, a team of Sun journalists took a "Winning the West" road trip in August through the Southwest on the way to the Democratic and Republican national conventions. (See stories, videos, photos and blogs.)

DEMOCRATIC NATIONAL CONVENTION — At the Democratic National Convention in Denver, Obama brought olive branches to Clinton supporters, enlisting the Clintons to try to put some salve on the deep wounds that the slashing, sometimes ugly primary battles had brought to the party. (See the Sun's team coverage.)

Since that time, Obama has continued his message of change, saying that Republican presidential nominee John McCain represents the same type of Republican leadership that allowed the Wall Street meltdown to happen. He took swings at McCain during a September visit to Las Vegas.

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Las Vegas Sun

May 27, 2015

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Strip Scribbles: ‘Matchmaker’; Celine’s birthday; Paint the Town for AFAN; Elton John, ‘Jubilee!’ return

Robyn Andrzejczak/IS Photography/

Tye Strickland, Melissa Rycroft Strickland, Patti Stanger, Gilles Marini and Carole Marini attend the 2012 Simon G Jewelry Summer Soiree at Azure Luxury Pool in the Palazzo on Saturday, June 2, 2012.

Click to enlarge photo

Patti Stanger at One of a Kind Tuesdays at 1 OAK in the Mirage on Tuesday, March 13, 2012.

Celine Dion's Wax Figure at Madame Tussauds Las Vegas

Celine Dion's wax figure unveiling with Clark County Children's Choir at Madame Tussauds Las Vegas on Wednesday, Feb. 29, 2012. Launch slideshow »

Tonight’s episode of “Millionaire Matchmaker” on Bravo turns the spotlight on Green Valley Ranch Resort as the backdrop for not one, but two dates — from romantic spa treatments, dinner and wine pairings in one of the hotel’s villa suites, plus, craps lessons and martinis at Hank’s.

Show host Patti Stanger and her boyfriend welcome Vegas Dave, the 32-year-old pro-sports bettor. Dave Oancea has more luck betting on football than he does on love. He’s never been able to focus long enough to keep a girlfriend for more than two weeks. Patti will learn if she can keep this ADHD dater’s attention focused long enough so that he can be on his way toward a proper relationship.

Her next millionaire is TV mentalist Gerry McCambridge, a resident at David Saxe’s V Theater in Planet Hollywood’s Miracle Mile Shops. Gerry, a popular Strip entertainer, admits that he has trouble finding true love. Patti discovers that between his hectic show schedule and his six kids, his biggest problem is setting aside enough time to find the right girl.

HAPPY BIRTHDAY, CELINE: Champagne wishes to our beloved Caesars Palace superstar Celine Dion, who celebrates her 46th birthday Sunday. She will appear on the same-day broadcast of the Canadian TV show “E-Talk” with host Danielle McGimsie and will be presented with a rose-crowned cake.

It was made by Welsh chef Graham Tinsley, who led the Welsh National Culinary Team on a 10-day tour north of the border. Graham has cooked for The Queen, The Duke of Edinburgh, Prince Edward and The Prince of Wales, who is the patron of the team. Celine returns to the Colosseum at Caesars on June 10 to resume the next leg of her residency.

PAINT THE TOWN FOR AFAN: The sixth-annual Paint the Town fine art fundraising gala benefiting Aid for AIDS of Nevada is 6 to 9 p.m. Friday at the law office of Snell & Wilmer, Suite 1100, 3883 Howard Hughes Parkway. Victoria Hart, owner of Pink Kitty Creative and director of Brett Wesley Gallery, has curated artists including Niki Sands, Erin Hanson, Charles Clary, Nathan Douglas, Art Wolf and more, which guests will bid on throughout the night.

Artists also are encouraged to donate a painted ceramic piggy bank to auction as part of AFAN’s program “Every Piggy Counts.” Event sponsors and donors include Back Bar USA, Gordon Ramsay Pub & Grill at Caesars Palace, Ferraro’s Italian Restaurant, N9NE Steakhouse at the Palms, Ketel One, Baileys Irish Creme, Don Julio Tequila and Heineken. Electric string quartet Phat Strad will provide entertainment. Last year, more than $20,000 in art was sold. RSVP for the free event is required; call AFAN at (702) 383-9095. Space is extremely limited.

Cee Lo Green and ‘Jubilee!’ at Hollywood and Highland

Cee Lo Green and Launch slideshow »

‘JUBILEE!’ REOPENS: Inside word from this week’s four preview performances of the newly reimagined “Jubilee!” at Bally’s has been incredibly positive. Its red carpet grand reopening is set for Saturday with a cavalcade of beauties and local Strip entertainers. Melody Sweets and Angel Porrino of “Absinthe” will lead the parade of “Jubilee!” showgirls and new director/choreographer Frank Gatson Jr., along with beauties from the “X” shows at the Flamingo and the Rio.

The guys are represented by “The Amazing Race” and Chippendales stars James Davis and Jaymes Vaughan, Graham Fenton (“Jersey Boys”), Marc D. Donovan, Rob Lyons and Mark Ferratt (“Million Dollar Quartet”) comedian Vinnie Favorito, juggler Jeff Civillico and hypnotist Anthony Cools. We’ll have a report, photo and video coverage here on Sunday.

2014 ‘One Night for One Drop’: Blue Carpet

The blue arrivals carpet for Cirque du Soleil's Launch slideshow »

ENVIRONMENTAL PARTNERS: As a result of the successful Cirque du Soleil “One Night for One Drop” benefit at Mandalay Bay and the appearance of the Formulae E electric racecar there, the two organizations will partner on global expansion plans. The global motorsport championship featuring fully electric open-wheel cars begins this September in Beijing and moves onto nine other cities, including Los Angeles, Miami, London and Buenos Aires.

Formulae E showcases and promotes sustainable technology and will promote Guy Laliberte’s One Drop organization resolving the global water crisis. The new Formula E racecars are capable of speeds in excess of 150 mph and can accelerate from 0-62mph in just three seconds! Guy commented: “We have a mutual dedication to sustainability and, we have huge confidence that together we can drive action on the water crisis.”

Several top 2016 Republican presidential contenders arrive today for face-to-face meetings this weekend with Venetian-Palazzo billionaire Sheldon Adelson. Tonight, the “kingmaker” throws a dinner at McCarran Airport for former Florida Gov. Jeb Bush and then Friday greets Govs. Chris Christie from New Jersey, Scott Walker from Wisconsin and John Kasich from Ohio.

Mirage headliner Terry Fator took his ventriloquist doll Monty Carlo to City Hall to drop in to sing a surprise “Happy Birthday” to Mayor Carolyn Goodman.

Fox News national correspondent Rick Leventhal dined at Tao in the Venetian before watching “Vegas Nocturne” at Rose. Rabbit. Lie. in the Cosmopolitan.

Elton John's The Million Dollar Piano at Caesars Palace

Elton John's The Million Dollar Piano at Caesars Palace on Sept. 28, 2011. Launch slideshow »

Sir Elton John arrives to resume his residency at Caesars and simultaneously celebrate the official red carpet grand opening Friday of the next-door Fizz champagne lounge designed by his husband, David Furnish. The $3.2 million boutique bar dazzles with decorations from their Beverly Hills home and boasts a $2,500 Dom Perignon rose cocktail dusted with real 24k gold flakes.

Singer-songwriter and nine-time Grammy winner John Legend is at Reynolds Hall in the Smith Center in support of his fourth solo album “Love in the Future.”

The 11th Annual Nevada Entertainer Artist Hall of Fame ceremony at UNLV to benefit its College of Fine Arts honors singer and musician Sue Kim, The Killers musician Ronnie Vannucci, artist Tim Bavington and posthumously singer Joe Williams.

At least 15 top professional drivers from the Hot Rod Association Drag Racing Series take part in a free autograph and Q+A session at New York-New York to kick off this weekend’s NHRA Nationals at Las Vegas Motor Speedway.

DJ Danny Avila spins at Hakkasan in MGM Grand.

Galactic continues its weekend run at Brooklyn Bowl.

And Andrew Dice Clay is at Vinyl in the Hard Rock Hotel through Sunday.

TOMORROW’S TEASE In our weekly Weekend Celebrity Preview, we turn the spotlight on Sir Elton’s return to Caesars, and after 30-plus years, “Jubilee!” gets a face-lift at Bally’s, plus, neon lights up and down the Strip go dark to mark Earth Hour.

Robin Leach has been a journalist for more than 50 years and has spent the past decade giving readers the inside scoop on Las Vegas, the world’s premier platinum playground.

Follow Robin Leach on Twitter at

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Follow Sun A&E Senior Editor Don Chareunsy on Twitter at

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hey kids

weclome to our new site

we made a long playing record album

here is the show we are putting on to celebrate

every time the potion kings play, it's a brand-new adventure, both for the kings themselves, and for their growing number of listeners. they explore uncharted grooves, make random quotations and play jazz every way but straight up.

the potion kings are kevin breit on guitar, howie southwood on percussion, randall coryell on drums and jeff bird on bass. Individually, they have played with dozens of people that we have heard of: norah jones and cassandra wilson (breit); tom cochrane and allanah miles (coryell); rawlins cross (southwood) and the cowboy junkies (bird).

while their sideman credits are impressive, the playing they do as the potion kings is what outstanding musicians get up to when left to their own devices.

special guest gwen swick.

Tickets are $15, available at Santé (519 846 9977) and Box Social (519 846 1880). The venue is the Royal Canadian Legion Branch 229, Elora, 110 Metcalfe Street. Saturday, December 1, 8 p.m.

This entry was posted on Thursday, November 29th, 2012 at 7:38 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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Babylon & Beyond

Observations from Iraq, Iran,
Israel, the Arab world and beyond

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DUBAI: Police issue stern warning against violating Ramadan fast

August 13, 2010 | 11:28 am

Picture 3 Dubai police have warned the public that it will not go easy on violators of virtue during the holy fasting month of Ramadan.

In a statement issued by Dubai police earlier this week, Colonel Mohammad Nasser Razooqi advised the public to abide by the traditions of Ramadan, warning that public eating, drinking, and smoking during daylight fasting hours is an offense to Muslims and considered a crime Dubai.

Federal law in the United Arab Emirates  stipulates that violators could be jailed for one month or be subject to pay a Dh2,000 fine (around $550). So think twice before popping that soda in the street or lighting up in public during Ramadan in the glitzy island hub. It could get you into real trouble.

Aside from the stern warning against Ramadan offenses, calls were also put out to the public by Dubai's law enforcement to help catch those breaching the law. Brigadier Khalil Ebrahim Mansouri urged people to contact police if they spotted anyone in the streets -- including motorists -- eating, consuming beverages, or smoking.

Detaining street eaters and drinkers during Ramadan daylight hours is rather commonplace in some Arab Gulf countries. Dubai, for example, has arrested a total 24 people in the past three years for the violating the ban, according to the UAE-based English daily Gulf News.

But the practice now appears to be finding its way to other Arab countries as well. In Egypt, the government last year for the first time launched a crackdown campaign against Egyptians who eat, drink, or smoke in public during daylight hours in Ramadan.

Egyptian police fanned out across country, arresting 150 people in the southern city of Aswan for publicly eating before sunset and nabbing several other people in the popular Red Sea resort down of Hurghada, according to the pan-Arab news network Al-Arabiya.

In Morocco, a group of picnickers got tangled up with the authorities last year for organizing a picnic in the woods during fasting hours. As the would-be picnickers arrived at the train station in the Moroccan town of Mohammedia, they were met by squads of police who searched them and took the names and phone numbers of some of the picnickers.

-- Alexandra Sandels in Beirut

Photo: The statement issued by Dubai police earlier this week, advising the public to respect Ramadan traditions. Credit: Dubai police


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On politics in the Golden State

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Jerry Brown's budget tour stop to include GOP lawmaker

April 19, 2011 |  2:41 pm

After weeks of rejected travel invitations, Gov. Jerry Brown finally found a Republican willing to join him on his state budget tour: Assemblyman Cameron Smyth will join the governor at a Thursday forum in Smyth’s hometown of Santa Clarita.

Smyth, who is opposed to the governor’s plan but is considered more moderate than many of his colleagues, said he agreed to be the first GOP lawmaker to accept Brown's invitation because he is interested in hearing his constituents speak.

“I’m just as curious as the governor is to hear what people in my district have to say about the budget and the governor’s proposal," he said.

Brown has invited local lawmakers to join him at town-hall-style events in Stockton and Riverside over the last couple of weeks; but except for Smyth, Republicans have so far refused. Brown is trying to persuade some in the GOP to support his plan to extend certain taxes that are set to expire to avert further budget cuts.

Smyth said he expected to appear with the governor in his district Thursday. “I’m actually glad that he’s coming to a Republican district," Smyth said. "There are a lot of governors who would just isolate themselves with people who share their views. I respect the fact that the governor is going to areas like Santa Clarita and Riverside where he may not have a natural constituency.”

-- Anthony York in Sacramento


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Southern California -- this just in

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Knott's Berry Farm roller coaster that injured 2 riders could be closed for months

October 5, 2009 |  8:30 am

A popular Knott's Berry Farm roller coaster, shut down last month after a cable broke and two riders were hurt, could remain shuttered for months, state officials said.

A cable came loose on the Xcelerator roller coaster and cut a 12-year-old boy in the leg. And a man was treated for back injuries after the malfunction, during which smoke and debris shot into the air and the ride’s cars rolled back into the boarding area.

State inspectors are now combing through the ride to see what went wrong and order fixes.

“It’s still out of commission, and it’s liable to be out of commission for a few months or more,” said Erika Monterroza, a spokeswoman for Cal-OSHA, told the Orange County Register. “They need to do failure analysis, so they have to send [those] parts out to a lab."

The coaster seats about 20 passengers, but was not full during the mishap, park officials said. The Xcelerator accelerates zero to 80 mph in 2.3 seconds. The ride opened in 2003 and is inspected by the park's maintenance staff daily.

-- Shelby Grad

More breaking news in L.A. Now:

Winds cooperating as crews battle Sheep fire

Accidents jam morning commute on the 210 and 5 freeways

If they'd only known, Swiss authorities would have arrested Polanski long ago, official says

81 Wrightwood evacuees at Victorville shelter; officials say no more homes have burned

Fire near Thousand Oaks 100% contained, officials report


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State lawmakers picked up the issue of immigration again in the last several months, passing 377 laws and resolutions dealing with the matter – an 83 percent rise over measures passed in the first half of 2012, according to The Washington Post.

The Post story, based on a report by the National Conference of State Legislators’ Immigration Policy Project, noted that immigration-related actions in various states fell along party lines.

States where Republicans control the legislature took harder lines on immigration, with Utah and Indiana, for example, insisting that students prove their citizenship to qualify for federal financial aid.

But in Democrat-controlled states such as Colorado, Oregon and Minnesota, undocumented immigrants now can attend college at in-state tuition rates.

Fifteen states allow undocumented immigrants to attend college at the same rate as other state residents, instead of out-of-state rates, which often are double.

The level of legislative activity had slowed somewhat last year, when there seemed to be momentum in federal circles to pass a comprehensive immigration reform bill. State officials had grown impatient with federal inaction on immigration, and had moved toward passing their own laws to crack down on undocumented immigrants, saying they were left with no choice but to take matters into their own hands.

But federal courts have blocked portions of several state immigration laws, particularly those banning undocumented immigrants from renting and others that seek to punish people who transport people who are not here legally.

The U.S. Supreme Court struck down parts of Arizona’s immigration law in June of 2012.

“If there’s any consensus among the states, it’s a desire for federal guidance,” the Post said. “State legislators passed 25 resolutions specifically asking the federal government to respond to aspects of national immigration policy. Eight states passed resolutions calling for comprehensive immigration reform.”

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Business development center opens its doors

Gabriella Chikhani Staff Writer The University of La Verne opened the Small Business Development Center last month — a hub designed to aid in the development and productivity of local businesses and the economy. ULV’s Center is modeled after the Los Angeles Regional SBDC Network, which is a center for the delivery of government, academic and private sector services for the benefit of small business...

College of Business makes leadership changes

Alejandra Aguilar Staff Writer The College of Business and Public Management is changing personnel and adding a new center to provide resources for local businesses. Keeok Park, Janat Yousof and Sean Snider took new roles in the beginning of March. Park, the new second associate dean of the College of Business and Public Management, is working alongside Rita Thakur, the other associate dean, with...
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NY suburb appealing federal voting-rights ruling

Jerry H. Goldfeder in CBSNEWS, February 23, 2011

Media Source

(AP)  WHITE PLAINS, N.Y. (AP) — A village outside New York City has decided to appeal a federal court ruling that led to an unusual voting system and the election of its first Hispanic trustee.

The Port Chester board of trustees voted 4-2 Tuesday night to hire a law firm to appeal a finding that local elections were unfair to Hispanics.

The board authorized up to $225,000 in taxpayer funds for the appeal, an amount that would grow if the case were retried. The village spent about $1.2 million on the original case.

"We are confident we have a powerful appeal," village spokesman Aldo Vitagliano said Wednesday. He said a recent Supreme Court case has bolstered Port Chester's contention that white support for Hispanic candidates in previous elections was strong enough to satisfy the federal Voting Rights Act.

In a letter to the Journal News of White Plains earlier this month, trustee Joseph Kenner said an appeal could "remove the shameful and unwarranted stigma of the judge's ruling."

The Department of Justice, which brought the case, had no comment, said spokesman Herb Hadad.

Several residents at the Tuesday night meeting objected to spending more on the lawsuit.

Randolph McLaughlin, who represented a plaintiff in the lawsuit, said Wednesday that the village has "zero chance to succeed."

"They're throwing good money after bad," he said. "This is a problem that has been solved. This should have been a new day for Port Chester and instead they're trying to push these Latinos out."

In January 2008, Judge Stephen Robinson ruled that Port Chester's existing at-large system violated the Voting Rights Act, which protects minorities' constitutional right to equal protection under the law.

Robinson found that although the population of 28,000 was about half Hispanic, the system prevented Hispanics from getting a representative on the six-trustee board. Most voters were white, and white candidates always won.

No Hispanic had ever been elected trustee or mayor in the village, which is 25 miles northeast of New York City.

In 2009, after asking both sides for ideas on how to remedy the problem, the judge imposed cumulative voting, which was not being used anywhere else in New York.

With all six trustee seats up for election, each voter was given six votes to cast. A voter could give all six to one candidate or spread votes among as many as six candidates.

The 2010 election, which followed a major voter education program, put Luis Marino, the first Hispanic trustee, into office.

Marino and Mayor Dennis Pilla voted against the appeal.

Jerry Goldfeder, an election lawyer who teaches at Fordham Law School, said the appeal would have to show that cumulative voting did not work well "and I don't think they will be able to do that." He noted that Robinson had crafted the cumulative voting remedy "with the help of all the parties."


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Civil Procedure

It’s about as exciting as watching paint dry, but trials are won and lost on knowing exactly how to work with the rules of the game, and that’s exactly what Civ Pro is. You can learn the basics to make your class easier with this research guide written by Kelly Kunsch.

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Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Friday, March 5, 2010

Rethinking Exclusionary Abuses in EU Competition Law

Posted by D. Daniel Sokol

Ekaterina Rousseva (DG Comp) has a new book out on Rethinking Exclusionary Abuses in EU Competition Law.

BOOK ABSTRACT: This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct.

The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act.

The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices.

The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.

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Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

A Member of the Law Professor Blogs Network

Wednesday, August 6, 2008

William Patry Closes Down His Copyright Blog

William Patry, who offered informed and insightful discourse for a number of years on his copyright blog, has closed it down, and the archives also seem to have disappeared. In his final post, Mr. Patry explains why. First, too many people are confusing his personal views with his position as Senior Copyright Counsel as Google. Although he has taken great pains to differentiate the two, he feels he cannot continue to fight those who out of laziness or perversity muddy the waters. Mr. Patry also says, "On top of this there are the crazies, whom it is impossible to reason with, who do not have a life of their own and so insist on ruining the lives of others, and preferably as many as possible....In the end, I concluded that it is no longer possible for me to have a blog that will be respected for what it is, a personal blog. I don't draw any grand conclusions from this and hope others don't either. The decision was 100% mine. No one at Google ever asked, suggested, or hinted that I should end the blog. To the contrary, in keeping with Google's deep commitment to free speech, the company encourages blogs like mine, and has stood completely behind me."

Further, he seems to be tired of writing about copyright law, at least in this format. "It is profoundly depressing, after 26 years full-time in a field I love, to be a constant voice of dissent. I have tried various ways to leaven this state of affairs with positive postings, much like television news shows that experiment with "happy features." I have blogged about great articles others have written, or highlighted scholars who have not gotten the attention they deserve; I tried to find cases, even inconsequential ones, that I can fawn over. But after awhile, this wore thin, because the most important stories are too often ones that involve initiatives that are, in my opinion, seriously harmful to the public interest. I cannot continue to be so negative, so often. Being so negative, while deserved on the merits, gives a distorted perspective of my centrist views, and is emotionally a downer."

A shame. Read his last post here. I hope he uses some of that free time to develop his great ideas further into a copyright book.

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Saturday, October 6, 2007

Olympic Track Star Marion Jones Pleads Guilty

Former Olympic triple gold medal winner Marion Jones pleaded guilty to making false statements to federal agents in connection with the investigation of the Bay Area Laboratory Co-operative (Balco) steroids operation.  Jones admitted to lying about her use of what she was told at one time was flaxseed oil but came to learn was a steroid known as "The Clear" -- a specialty of Balco.  Jones had long denied taking steroids, going so far as to sue Balco's founder for $25 million for libel when he identified her as a steroids user.  Her former coach is scheduled to go to trial on November 26 for three counts of making false statements to federal agents during the Balco investigation.  The Balco investigation has caught up with a number of leading track stars, including former 100 meter world record holder Tim Montgomery, who earlier entered a guilty plea.  Under Olympic rules, Jones may be stripped of the five medals she won in the 2000 Games in Sydney.

With Jones' guilty plea, the spotlight falls -- once again -- on baseball home run king Barry Bonds, who has been cut loose by his long-time team, the San Francisco Giants.  Bonds testified before a federal grand jury in 2003 that he took what he too thought was flaxseed oil, and he did not learn until much later that it was actually The Clear.  Bonds' former trainer, Greg Anderson, remains in custody for civil contempt for his refusal to testify before a federal grand jury in San Francisco about steroid use at Balco; he earlier pleaded guilty to drug charges.  Whether the grand jury will charge Bonds with perjury has been an issue now for well over a year now, and there has been no apparent movement to file charges or drop the case.  With Bonds' chase to break the all-time home run record complete, will federal prosecutors make a move on Bonds? An AP story (here) discusses Jones' guilty plea. (ph)

October 6, 2007 in Investigations, Prosecutions | Permalink | Comments (1) | TrackBack (0)

Bad News for Bear Stearns

As if the meltdown of two of Bear Stearns' large hedge funds over the summer wasn't enough, it appears federal prosecutors are looking into whether the collapse of the funds involved any criminal conduct.  The two funds, the High-Grade Structured Credit Strategies Fund and High-Grade Structured Credit Strategies Enhanced Leverage Fund, suffered over $1.6 billion in losses when the maelstrom from the subprime mortgage market caused the value of their investments to decline so quickly that the funds could not meet the requirements for large loans taken out to leverage their assets.  When you lose that much money in a short period of time, prosecutors are likely to ask at least a few questions.  According to reports (here), the U.S. Attorney's Office for the Eastern District of New York has only requested that Bear Stearns provide information, and no grand jury subpoenas have been issued to this point.

While a preliminary inquiry is understandable, will a criminal case develop?  The loss of $1.6 billion is striking, but the amount alone does not signal the likelihood of illegal conduct.  In September 2006, Amaranth Advisors LLC lost over $6 billion in just a couple weeks due to wayward bets on natural gas prices, but no criminal case has emerged.  It's the nature of the hedge fund beast that high-risk strategies, particularly the use of leverage to increase returns, means there is a commensurately greater possibility of significant losses, and those can accumulate very quickly.  While one can fault the Bear Stearns funds for not anticipating the problems in the subprime mortgage market when there were plenty of indicators that housing prices were declining, that's not a crime -- at least not yet.  Absent evidence of shuffling of assets or intentional misstatements to investors, the inquiry may turn out to be a small blip. (ph)

October 6, 2007 in Investigations | Permalink | Comments (0) | TrackBack (0)

Friday, October 5, 2007

The Prosecution of Don Siegelman

Time magazine reports (here) that a key witness in the prosecution of former Alabama Governor Don Siegelman on corruption charges also told federal investigators that he made illegal campaign contributions to Republican officials, but that none of them were ever investigated.  The Siegelman prosecution is the subject of an October 11 hearing before the House Judiciary Committee, and the documents Time claims to have reviewed have been requested by the Committee from the Department of Justice, which has so far resisted producing them.  The prosecution has become wrapped up in the larger issue of the politicization of the Department of Justice, and includes a claim by an Alabama attorney that during a 2002 meeting with Republican operatives there was an assurance that Karl Rove would have Siegelman removed as a potential electoral threat.

This latest report will add fuel to the fire on Capitol Hill, but it's not clear exactly how any of this will affect the convictions of Siegelman, who has started serving his 88-month prison sentence while the case is on appeal to the Eleventh Circuit.  The allegations raised in the Time article are that federal investigators ignored credible evidence against Republicans and only pursued the Democrat.  Siegelman was acquitted on 25 of the 32 counts in the indictment, including those based on the testimony of the key witness.  The charges on which he was convicted relate mostly to transactions with Richard Scrushy, former CEO of HealthSouth, who was also convicted and is serving a prison term.  Even if the federal prosecutors should have looked into other allegations of corruption, that does not necessarily call into question the propriety of Siegelman's convictions.  A claim of selective prosecution is virtually impossible to win, and a decision by prosecutors to pursue a case that turned up more wide-ranging evidence of corruption (i.e. the Scrushy transactions) does not mean the decision to ignore other possible leads violated Siegelman's rights.  It is, of course, deeply troubling if prosecutors selected a defendant because of his party affiliation, or avoided pursuing other reasonable lines of inquiry because of their ties to other Republican officials.  The ethical lapses of the prosecutors, if in fact they occurred, does not necessarily call into question the strength of the evidence that led to Siegelman's convictions, and the Eleventh Circuit in all likelihood will focus on the narrower legal issues related to the sufficiency of evidence and other possible legal errors and not on whether he was selected for prosecution based on his politics.  (ph)

October 5, 2007 in Corruption | Permalink | Comments (1) | TrackBack (0)

Siemens Settles German Overseas Bribery Probe

Multinational industrial giant Siemens A.G. settled with German prosecutors the probe of corrupt overseas payments by its telecom unit by agreeing to pay €201 million.  The company will also pay an additional €179 million to the tax authorities because it improperly deducted the foreign payments as ordinary business expenses.  As discussed in an earlier post (here), the scope of the questionable overseas payments is much broader than first suspected, with Debevoise & Plimpton's internal investigation raising questions about as much as €1.6 billion in transfers throughout the company and not just the telecom unit.  While the settlement with the German prosecutors closes one avenue of problems, Siemens still faces investigations by the SEC and Department of Justice in the United States and an inquiry by the Italian authorities.  Given the size of the payments and their occurrence in different parts of the company, this is the type of case that the federal government will pursue vigorously.  A Bloomberg story (here) discusses the settlement.  (ph)

October 5, 2007 in FCPA, International, Settlement | Permalink | Comments (0) | TrackBack (0)

The Family Grapevine

The SEC filed a settled insider trading enforcement action accusing the defendant of trading on information about the impending takeover of Commercial Federal Corp.  According to the Commission's complaint (here), the defendant learned about the transaction from his brother, who received the information from his wife, an administrative assistant to Commercial Federal's CEO at the time who discussed her concerns about job losses from an acquisition of the bank.  The SEC asserts that by trading on the information, the defendant breached a fiduciary duty to his brother, based on the fact that they "had a history of sharing and maintaining confidences."  The defendant is a self-employed farmer/rancher, and the nature of the confidences the brothers shared is not described in the complaint.

That's not the classic duty of trust and confidence described by the Supreme Court in Chiarella v. United States, 445 U.S. 222 (1980), which discussed legal fiduciaries like trustees and lawyers as examples of those with the duty of confidentiality.  But it does fit within the SEC's more expansive definition of such a duty in Rule 10b5-2(b)(3), which covers, inter alia, any person who "receives or obtains material nonpublic information from his or her spouse, parent, child, or sibling."  The broader definition of "duty of trust and confidence" in the SEC rule has never been tested in court, and won't be in this case because it is a settled matter.  But it's an open question whether a court would find the requisite duty based solely on the familial relationship and the trading of confidences.  The defendant settled the matter by disgorging over $39,000 in profits from his trading and a tippee's, and a civil penalty of $31.150 based on his profits.

October 5, 2007 in Civil Enforcement, Insider Trading, Securities, Settlement | Permalink | Comments (0) | TrackBack (0)

Thursday, October 4, 2007

Report of Insider Trading at EADS

A preliminary investigation by the French financial regulator Autorité des marchés financiers (AMF) indicates that a number of senior executives at Franco-German aircraft manufacturer European Aeronautic Defense & Space Co. NV (EADS) sold shares before the announcement of problems with the company's largest development project ever, the A380.  The AMF report was discussed in the French newspaper Le Figaro and the trading allegedly occurred between November 2005 and March 2006, before the June 2006 announcement of technical problems with the superjumbo A380 and also the A350 aircraft.  The stock dropped over 25% on that announcement, and it is not clear how far in advance the information was known to 21 managers and executives who sold shares.  The AMF issued a statement (here) that

it submitted an interim memorandum to the prosecuting authorities in Paris in early September, in accordance with law; it obviously has no comment on the Le Figaro report; it insists that it has not completed its investigations and is unlikely to do so before the beginning of 2008; consequently, the AMF Board, which has sole authority to commence regulatory proceedings against persons suspected of infringing its General Regulation, has not given an opinion on the matters reported in the article and, at this stage, has decided solely to inform the criminal court thereof; at this stage of the procedure, which is still a standard inquiry, the persons concerned have not had the opportunity to exercise their right of defence.

Insider trading cases in the European Union are fairly uncommon, at least as compared to the United States.  It will be interesting to see how the investigation develops, especially when it involves a company with the political significance of EADS.  A story on (here) discusses the report. (ph)

October 4, 2007 in Government Reports, Insider Trading, International | Permalink | Comments (0) | TrackBack (0)

Leahy Wants Assurances From Mukasey

The imbroglio over the firing of eight U.S. Attorneys in 2006 has largely receded into the background, and there does not appear to be much interest in pursuing the issue on Capitol Hill.  Judiciary Committee Chairman Patrick Leahy sent a letter to Attorney General nominee Judge Michael Mukasey seeking his assurances that the problems arising from the firing of the U.S. Attorneys will not come to the surface again, and that he will not interfere with any contempt citation Congress might issue regarding the refusal of former White House aides Harriet Miers and Josh Bolten to testify about the firings.  The letter (here) states:

The mass firings of the U.S. Attorneys appointed by this President were unprecedented.  I will inquire whether you share my view that the integrity and independence of federal law enforcement should not be compromised by political operatives from the White House.  I will ask for your assurance that the Department of Justice and, in particular, our U.S. Attorneys, will not be employed in upcoming elections to seek to affect the outcome.  The Department of Justice should be working to protect Americans’ right to vote and have their vote count, not seeking to swing close elections into a partisan column by leaking allegations of corruption or bringing last minute legal actions alleging voter fraud. * * *

Under applicable statutes and practices, contempt citations against Administration officials by the House and Senate would be certified to the U.S. Attorney for the District of Columbia to bring before a grand jury for its action.  If the House or Senate certified a contempt citation against current or former White House officials arising from the U.S. Attorney investigation, would you permit the U.S. Attorney to carry out the law and refer the matter to a grand jury as required by 2 U.S.C. § 194? If the White House sought to prevent the U.S. Attorney from bringing contempt charges to a grand jury as required by law, would you take any action to prevent the U.S. Attorney from doing so?

More generally, what would you do as Attorney General if you learned that a White House official had called a U.S. Attorney asking for information about an on-going criminal investigation?  What would you do as Attorney General if you learned that a Member of Congress had called a U.S. Attorney asking for information about an on-going criminal investigation?

The issue raised in the last question might be better addressed to Representatives and Senators rather than putting the onus on the Department of Justice to resist such inquiries.  Whether Judge Mukasey will give anything close to an acceptable response remains to be seen, but it's unlikely he will address hypotheticals beyond asserting that he will "call them like I see them" and act in the best interests of the citizenry.  Senator Leahy takes a somewhat conciliatory tone at the end the letter, bemoaning the White House's alleged failure to cooperate with the Committee that has "left you to answer the unanswered questions and left longstanding disputes unresolved."  (ph)

October 4, 2007 in News | Permalink | Comments (1) | TrackBack (0)

Jury Selection Begins for Defense Contractor Accused of Bribing Duke Cunningham

Jury selection began for the trial of defense contractor Brent Wilkes, who is accused of giving former California Representative Randy "Duke" Cunningham over $600,000 in bribes and other benefits in exchange for the award of no-bid contracts.  Wilkes had earlier subpoenaed twelve Representatives to testify at trial, which drew a motion to quash from the counsel to the House of Representatives (see earlier post here).  The subpoenas have been withdrawn, but new ones may be issued to former House Speaker Dennis Hastert and four California Congressmen, Duncan Hunter, Jerry Lewis, John Doolittle and Darrell Issa, who allegedly were present on trips with Cunningham.  According to a story in The Hill (here), U.S. District Judge Larry Burns said he would enforce subpoenas to Representatives only if they have information relevant to the defense.  Any new subpoenas will probably trigger another motion to quash from the House counsel, who earlier asserted an absolute privilege under the Speech or Debate Clause that prevents members of Congress from testifying -- it's not clear whether such a broad assertion of the constitutional protection will fly. (ph)

October 4, 2007 in Corruption, Prosecutions | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 3, 2007

York Settles FCPA Investigation

York International Corp., now a subsidiary of Johnson Controls, settled an investigation of overseas bribes by agreeing to a deferred prosecution agreement (available below) with the Department of Justice and a civil settlement with the SEC.  The case involves a wide range of payments in violation of the Foreign Corrupt Practices Act, as described in the SEC's Litigation Release (here):

The Commission's complaint alleges that York International's Delaware subsidiary paid approximately $522,500 to an intermediary while knowing that most of the money was intended to bribe United Arab Emirate officials; York International's Dubai subsidiary authorized and made approximately $647,110 in kickback payments under the U.N. Oil for Food Program; and that York International's subsidiaries devised elaborate schemes to conceal kickback payments of over $7.5 million made to secure orders on certain commercial and government projects in the Middle East, India, China, Nigeria and Europe.

The company agreed to pay a $10 million criminal fine, a $2 million civil penalty, and disgorge profits and pre-judgment interest of over $10 million, for a total cost of $22 million.

An interesting part of the deferred prosecution agreement concerns waiving the attorney-client privilege and work product protection, an issue that has become quite contentious.  The agreement provides that the Department of Justice can request documents and information from the company, including those covered by the privilege, and that York can assert the privilege and protection in response and refuse to provide the requested materials on that basis.  However, the agreement goes on to state that "[i]n the event that York withholds access to the information, documents, records, facilities and/or employees of York, the Department may consider this fact in determining whether York has fully cooperated with the Department."  While the company has not agreed to waive the privilege, assertion of it could come at the cost of determining whether (and to what extent) it has been cooperative. (ph)

Download us_v_york_international_deferred_prosecution_agreement_oct_2007.pdf

October 3, 2007 in FCPA, Settlement | Permalink | Comments (0) | TrackBack (0)

Former Cendant Chairman's Conviction Affirmed

The conviction of former Cendant chairman Walter A. Forbes on conspiracy and filing false statement with the SEC, which resulted in a 107-month prison term, was affirmed by the Second Circuit.  The court's decision was issued in an unpublished order (here), and the discussion -- if you can call it that -- of the issues is just a little more than one page.  While Forbes raised nine issues on appeal, only three are addressed briefly, and the decision concludes, "We have considered all of the issues raised, including those noted above, and the relevant law, and conclude that all of defendant’s arguments are without merit."  While many appellate decisions are unpublished, cases involving high-level corporate officers usually have published opinions because the issues are often fairly close.  I can't recall a recent conviction after trial of a corporate officer in a position like Forbes' whose appeal has not resulted in a published opinion, and it's surprising that the issues were treated so tersely in a case involving Williams & Connolly as defense counsel. (ph)

October 3, 2007 in Fraud, Judicial Opinions | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 2, 2007

Blackwater - What About the Corporation?

Erik Prince, CEO of Blackwater, says it is up to the Justice Department to investigate "and, if warranted, prosecute personnel involved in the deaths of Iraqi civilians." (Washington Post here)

But the question should also be whether Blackwater, the company, could be held criminally liable if DOJ or the FBI finds conduct that demonstrates that the company failed to promote a culture that avoided criminality within its midst.  Can a corporation be prosecuted if its employees commit criminal acts when discharging their employment?  And how many criminal acts by the employees will warrant an investigation of the entity?

Corporate criminality dates back to the New York Central case in 1909, when a company was criminally liable for violations of the Elkins Act.  Federal courts today use the common law theory of respondeat superior (as opposed to the Model Penal Code) which examines whether the agent was acting within the scope of his or her employment in behalf of the corporation. Courts also use a "collective knowledge" approach that allows the bits and pieces of knowledge from the different parts of the corporation to be combined together.

Now maybe Blackwater has no criminal culpability here and Prince is right that this was a rogue employee. And maybe any acts that were improper were not within the scope of that person's employment. But perhaps the questions here need to also include: 1) whether the company had a corporate compliance program - which maybe it did ( it has an ethics statement here); 2) whether there was oversight to make certain that people would not be working while intoxicated or committing other possible improper acts; and 3) whether the companies actions were in violation of any criminal laws.  Maybe there will be nothing to write home about here - and that's good, as companies that act in good faith should not be held criminally liable for acts committed by rogue employees.  But as long as corporate criminal liability exists, and as long as a good faith defense for corporations is not embodied in the law, there can always be a question to ask regarding whether there was any corporate criminality liability.

October 2, 2007 in Investigations | Permalink | Comments (0) | TrackBack (0)

Monday, October 1, 2007

SEC Settlement in Dynegy Related Matter

Jess Westbrook, Bloomberg News has an article in the Houston Chronicle titled, "Former Dynegy Figure Settles With SEC." According to this article it would appear that Chief Financial Officer Robert Doty agreed to pay $376,650 to settle SEC allegations related to Project Alpha at Dynegy. Jamie Olis initially received over 24 years in prison, a sentence that was then reduced following a Fifth Circuit remand to 6 years in prison for his role in Project Alpha. Olis asserted his constitutional right to a trial by jury. (see here and here) For full details on the settlement with the SEC see here. The Order issued discusses the roles of individuals in Project Alpha at Dynegy, although the civil findings were without "admitting or denying" the Commission's findings.

October 1, 2007 in Securities, Settlement | Permalink | Comments (1) | TrackBack (0)

Is the White House Cutting Back on Funds for White Collar Investigations?

Check out this article by Paul Shukovsky and Daniel Lathrop at entitled, "FBI Faces Deep Cuts in Programs to Fight Crimes." The article notes that the Bush Administration 2008 budget will seriously affect the FBI's "ability to tackle white-collar fraud."

October 1, 2007 in News | Permalink | Comments (0) | TrackBack (0)

Oscar Wyatt Pleads

Oscar Wyatt and the Oil for Food Program have certainly been a topic in the news (see here). But Wyatt wants to move on and has agreed to a plea that will allow him to do so. According to the media he is agreeing to a guilty plea to one count - conspiracy to commit wire fraud - that will mean he faces a sentence of 18 to 24 months and an 11 million dollar forfeiture. (See Wall St Jrl here, USA Today -AP- here).  Interestingly this plea comes in the middle of his trial (see NYTimes here).

So why might someone plead guilty in the middle of trial?  Here are some possibilities, although this is not to imply that one or any of these apply to this situation -

  • Cost -  The cost of going to trial can be enormous to someone accused of a crime. Ending the process certainly helps in reducing the cost.
  • Risk -  Going to trial is taking a risk.  These days with the federal sentencing guidelines, the risk can be enormous.  Having a plea provides certainty and usually a much lesser sentence absent a not guilty finding.  Hearing the evidence and how that evidence is playing with a jury, may motivate one to avoid additional risk.
  • Moving On - The toll taken psychologically, on someone accused of a crime, is enormous.  Ending the process with a certainty allows for "life after" - which in white collar cases can be important, especially after an extremely long investigation.
  • New Discovery - Unfortunately, not all prosecutors turn over discovery well in advance of trial.  Receiving the discovery can provide a very good reason for wanting to plea, as one now sees the evidence the government has available.
  • Jencks Material - By statute, the government does not have to turn over witnesses statements until after the witness testifies.  Many prosecutors realize the value of turning over this material well in advance of trial.   After all, if the accused sees the evidence against him or herself, there is more likely to be a quick plea. It certainly saves taxpayer money.

October 1, 2007 in Settlement | Permalink | Comments (2) | TrackBack (0)

Sunday, September 30, 2007

White Collar Crime Conference Remarks

The WSJ via an article by Even Perez comments on remarks made by Judge Kaplan at the recent National Association of Criminal Defense Lawyers (NACDL) & Georgetown University's White Collar Crime conference.  It is not surprising to see his concern about the government's power in securing agreements with companies.

The KPMG related case stands as a headline to those monitoring fairness in the system that government power in this context needs to be re-evaluated.  The bill to curb government requests for waivers of the attorney-client privilege are a step in the right direction (see here).

September 30, 2007 in News | Permalink | Comments (0) | TrackBack (0)


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Sunday, April 15, 2012

In the News & Around the Blogosphere

DOJ Press Release, Dallas-based Tenet Healthcare Pays More Than $42 Million to Settle Allegations of Improperly Billing Medicare

Brian Baxter, AmLaw Daily, Megaupload Hires High-Profile Quinn Emanuel Laterals for Criminal Defense

Michael Pollick, Herald-Tribune, In flipping fraud case, wife won't join husband in prison

Mike Scarcella, BLT Blog, Lawyer Charged In Trial Scheme Wants Sanctions Against Prosecutors (hat tip to Ivan Dominguez),Tighten prosecutors' power on contributions: A guest column by Theodore B. Olson and David Debold

Finder, McConnell Bolster Baker & McKenzie’s Global Compliance Practice

Jenna Greene, BLT Blog, Goldman Sachs Settles SEC Case Alleging Misuse of Nonpublic Information

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Lazy-i Interview: Ladyfinger on new record, new media; Love Drunk #104; Thermals sign to Saddle Creek…

Category: Blog,Interviews — Tags: , , , , , — @ 1:50 pm January 31, 2013
The men of Ladyfinger, from left, are Pat Oakes, Dan Brennan, Chris Machmuller and Jamie Massey.

The men of Ladyfinger, from left, are Pat Oakes, Dan Brennan, Chris Machmuller and Jamie Massey.

by Tim McMahan,

Love and Aliens: Ladyfinger Releases Errant Forms

The evolution of Ladyfinger can be heard from the first track of the band’s new Saddle Creek Records release, Errant Forms.

“Renew” opens with brittle, electric guitar chords before the rhythm section of drummer Pat Oakes and bassist Dan Brennan slides beneath warm keyboards, Jamie Massey’s smokey, twirling guitar and frontman Chris Machmuller’s cool growl.

You could say Machmuller also sang on the band’s 2006 debut, Heavy Hands, but not like this. These days Machmuller really sings, confident on the ghostly, glowing high notes that follow the song’s prophetic line, “I will grow old.”

If it sounds “pretty” compared to the howling noise of Ladyfinger’s early years that’s because it is. Still, the music is no less bracing or powerful, just easier to grasp in its clarity.

Or as Machmuller put it, “There’s more space between the parts on this record.”

A brief history: Ladyfinger (also known by the legal restriction Ladyfinger (ne)) formed in 2004 out of three other bands: Massey from Race for Titles, Machmuller from Bleeders for Treats, and Oakes and bassist Ethan Jones from Putrescine The original foursome produced two albums, Heavy Hands and the 2009 followup, Dusk. After that, Jones left Ladyfinger to be replaced with “new guy” Brennan, formerly of rock band The ’89 Cubs.

Ladyfinger, Errant Forms (Saddle Creek, 2013)

Ladyfinger, Errant Forms (Saddle Creek, 2013)

Back to the present: Better singing means understandable lyrics. Good thing Machmuller knows how to tell a story. On Errant Forms‘ first single, “Dark Horse,” he spins a non-autobiographical yarn about a wild, irresponsible party hound who’s “looking for a road I ain’t ever gonna find” but finds it when he discovers his wife or girlfriend is carrying his baby. Coincidentally, Machmuller discovered his wife was in a “family way” shortly after writing the song.

Then there’s “Galactic” — also not auto-biographical…probably. The brutal rocker describes a guy who picks up signals in his head — numbers and images — obviously messages about an alien coup, which he explains with the line: “I’m a space invader and I think I can save this planet from galactic destroyers from space.” Rush’s 2112 has nothing on these guys.

Like their previous albums, Errant Forms was recorded by their old pal Matt Bayles, whose track record includes working with Mastodon, Minus the Bear, Pearl Jam and fellow Saddle Creekers Cursive.

Working with such an accomplished producer puts pressure on the band, Oakes said, especially when the band isn’t sure it’s ready to enter the studio.

“This record seemed like it was pieced together out of random parts more than the last ones,” Oakes said. “When we went in for Heavy Hands, we knew exactly what we wanted to do, and had played those songs a million times, but for this one, we asked ourselves, ‘Are we ready to record? What if this whole thing falls apart?’”

When it comes to working with Bayles, uncertainty could spell trouble. “Matt does not indulge you,” Machmuller said. “He refers to our sessions as ‘abridged.’ He’s used to having six to 12 weeks in the studio. We only had two weeks (at Omaha’s ARC Studio) to track 13 or 14 songs.”

“He’s very thorough, very meticulous, and that’s what makes him a good producer and engineer,” Oakes said. “If you push back, Matt will stand his ground and be a dick about it. He knows that time is of the essence, and he’s not going to negotiate with you.”

Good thing he likes these guys.

“He doesn’t do our records to make money” Massey added. “He’s been good to us when he didn’t have to be. He bends for us and we appreciate it.”

While the way they make records hasn’t changed much, the way the band and label sells them has. In the old days bands simply released records and hit the road, hoping college radio and good reviews piqued people’s interest.

These days marketing is all about online placement and social media. “The social network sphere is completely different than when Dusk came out,” Oakes said. “As a result, we’re seeing things happen with this record that have never happened before.”

Things like first single “Dark Horse” being selected as the “Daily Download” at, where readers can listen to and download the track for free. Massey credited Saddle Creek’s Jeff Tafolla, in charge of licensing and new media, for the increased exposure, including Errant Forms being available as a digital stream from taste-making music blog

But these new-fangled sales methods go beyond blogs. Tafolla suggested Ladyfinger launch a Twitter account (@ladyfingerne) as well as a Facebook page (

“All four of us have access to these accounts and can do what we want with them,” Oakes said, “but it gets complicated.”

“I’ve been signed up to six brand new things that I have to figure out,” Machmuller said. “I’m worried about keeping all the passwords straight.”

With fans now able to hear the entire album from their computers for free, some of the “specialness” that comes with buying an album has faded. That’s one reason Errant Forms is being offered on vinyl in addition to digital download. “We considered going the vinyl route with Dusk,” Machmuller said. “Vinyl has become less of a novelty and more of a collectible. We saw the trend even back then.”

Saddle Creek says Ladyfinger’s combined sales for their past two releases was somewhere north of 1,200 units, far from what’s needed to make a living. All four band members have day jobs. Brennan, 34, is a sound engineer at The Slowdown when he isn’t on the road working sound for bands like Cursive. Massey, 37, is an art director at Turnpost Creative Group and proprietor of The Sydney in Benson. Machmuller, 32, launched Workers Take Out and now runs O’Leaver’s Pub, while Oakes, 35, is a production manager at Ink Tank Merch, a custom screen printing company owned by Saddle Creek.

With families to support and a music industry in decline, why keep putting out records?

“At the end of the day, for me, it’s all about playing shows,” Oakes said. “And if we sell more albums, that could mean playing bigger shows.”

“None of us have never not been in a band,” Machmuller said. “I love hearing things in my head and hearing them become recorded music. That’s the best part.”

Ladyfinger plays with The Seen and Hussies this Friday, Feb. 1, at The Waiting Room, 6212 Maple St. Tickets are $8. Show starts at 9 p.m. For more information and tickets, go to

First published in The Reader. Copyright © 2013 Tim McMahan. All rights reserved.

* * *

More Ladyfinger… The fine folks at Love Drunk today released the new video for Ladyfinger’s “Away Too Long.” If you ever wondered what Saddle Creek Records’ world headquarters look like, here’s your chance to get a peek. Check it out below:

* * *

The Thermals, Desperate Ground (Saddle Creek, 2013)

The Thermals, Desperate Ground (Saddle Creek, 2013)

Saddle Creek Records announced via Pitchfork (Who needs to issue a press release when you’ve got Pitchfork?) that the label signed (former) Sub Pop act The Thermals. The details, from the actual press release issued by the band:

“The Thermals are pleased to announce they have signed to Saddle Creek, a label the band has known and admired for many years. The Thermals and Saddle Creek have a long history of sleeping on floors together: The Thermals have toured with Cursive and Ladyfinger, and Hutch and Kathy organized the first Bright Eyes show in Portland way back in 1999.

“The band formed in 2002 and has released five records and toured 15 countries. The Thermals’ sixth LP and debut for Saddle Creek, Desperate Ground, will be released April 16 and is available now for pre-order at the Saddle Creek Online Store. The album was produced by John Agnello (Dinosaur Jr, Sonic Youth) in Hoboken, NJ. Agnello and The Thermals completed the record and evacuated the studio just hours before Hurricane Sandy ravaged New Jersey, a fate quite fitting when you consider the product. Desperate Ground is a true scrappy and scratchy return-to-form for The Thermals, with all the raw power and unhinged adolescent energy that made their early LP’s so insanely enjoyable.

“Lyrically, Desperate Ground is a brash and irresponsible ode to human violence, a black celebration of the inevitability of war and death. A dark and yet joyous affair, Desperate Ground tells the (murky) tale of a lone rogue in the night. One man, one path, one sword. An unceasing urge to destroy. A never-ending battle against the forces of nature. A destiny impossible to avoid.”

The signing could be good timing for Saddle Creek, as Sub Pop announced last week that it’s reissuing the band’s first three albums on vinyl. “On March 5, fans can own limited-edition, colored vinyl copies of 2003’s More Parts Per Million, 2004’s Fuckin’ A, and 2006’s The Body, the Blood, the Machine. The triple-reissue (which also includes the rare “No Culture Icons” 7″) comes on the 10th anniversary of the release of More Parts Per Million.”

The only Thermals album I’ve owned was More Parts… which reminded me a ton of Superchunk. I haven’t heard their last couple of albums. After 2008’s “Returning to the Fold” single, the band jumped ship from Sub Pop (or was pushed) and landed at Kill Rock Stars for two more LPs, the last of which was Personal Life in 2010.

The Thermals are no strangers to Omaha stages. They last played in Omaha at The Waiting Room in May 2011. Before that, they played Slowdown Jr. in April 2009, and before that, Sokol Underground with Thunder Power back in November 2007.

Hey Maha, here’s another band for you to consider for this year’s festival…

* * *

The Whipkey Three opens tonight for touring Columbus, Ohio band Red Wanting Blue (Fanatic/EMI/Caroline) at The Waiting Room. $10, 9 p.m.

* * *

Read Tim McMahan’s blog daily at — an online music magazine that includes feature interviews, reviews and news. The focus is on the national indie music scene with a special emphasis on the best original bands in the Omaha area. Copyright © 2013 Tim McMahan. All rights reserved.

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 lcherald.com: [b]Obituaries[/b]

January 05 2004

Posted by Kim
Leone Schooler, 91

Leone Schooler, 91

Leone Schooler, 91, Pierre, died peacefully at her home on Friday, December 12, 2003. Funeral service were held Friday, December 19, 2003, at 10:00 am, First United Methodist Church, Pierre, SD. Visitation was one hour prior to services at the church. Interment followed at the Riverside Cemetery, Pierre, SD. Memorials can be directed to First United Methodist Church, Pierre.

Leone E. Farrell was born April 25, 1912, in Reliance, SD to Allen T and Ruth (Bartholow) Farrell. She grew up on the family farm and graduated from Reliance High School in 1930. From 1930-35 she taught school in rural Lyman County. Leone spent one year in Washington, D.C. where she worked at the Department of Agriculture from 1936-37. On July 31, 1937, she married James Clay Schooler, and they begun their life together in Elkton, SD. In 1941, they moved to Sherman, SD, and then to Pierre in 1942, where they have lived to the present time.

Leone was a member of First United Methodist Church and an honorary member of Elizabeth Circle. She served as church secretary from 1958-1964. She was active in PTA. Girl Scouts, and the hospital auxiliary. Her hobbies included homemaking, sewing, reading, and gardening.

Survivors include her husband, daughters Jeanine (Terry) Woodward of Colorado Springs, CO, Linda Bettison of St. Cloud, MN, Lauren "Shirley" (Nicholas) Karastergiou of New York City, NY; seven grandchildren; and one great-granddaughter.

She was preceded in death by her parents, one brother and two sisters.

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Community Roots: Selections from the Local Legacies Project
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Christmas scene at Ft. Scott depicting a frontier Christmas, 1842
Living history vignette depicting a frontier prairie Christmas, c. 1842. Photo courtesy Ft. Scott National Historic Site

Fort Scott Candlelight Tour (Ft. Scott National Historic Site)

This tour offers a narrated living history of this frontier military outpost, now a National Historic Site. On the first December weekend of each year at Ft. Scott, candlelight tours feature eight living history vignettes staged to depict a frontier prairie Christmas and everyday life at an 1842 military fort.

Originally submitted by: Sam Brownback, Senator.

link to www.loc.govMore Local Legacies...

The Local Legacies project provides a "snapshot" of American Culture as it was expressed in spring of 2000. Consequently, it is not being updated with new or revised information with the exception of "Related Website" links.

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Overnight Wrap

In a surprising move, Penrith assistant coach Matt Adamson has revealed his bold decision to put on the boots again, and come to the rescue of his besieged club.

Adamson, 34, yesterday declared that he has been in full training for the last two weeks, and that he was fit and right to play as soon as next week if needed by coach Matt Elliott. Adamson has been registered by the Panthers.


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The College of Osteopathic Medicine

The Doctor of Osteopathic Medicine (DO) takes a total-person approach to health care encompassing the mind, body and spirit of the patient as the osteopathic physician becomes a partner with the patient on a pathway to health and well-being.

Lake Erie College of Osteopathic Medicine is looking for medical students who will excel in academics, clinical care, research and community service. The College selects applicants who show an awareness of osteopathic medicine recognizing total-person health care for the patient and for the community.

LECOM has designed a student-centered curriculum recognizing different learning styles: traditional LectureDiscussion Pathway (LDP); small-group, Problem-Based Learning Pathway (PBL); or the self-learning Directed-Study Pathway (DSP, formerly Independent Study). LECOM offers the Doctor of Osteopathic Medicine Degree at three campuses. The Erie Pennsylvania campus offers five learning pathways, while the Greensburg and Bradenton campuses enroll students in PBL only. LECOM Erie also offers the Primary Care Scholars Pathway (PCSP) designed to attract more students to primary care and family medicine by condensing four years of medical education into three years.  The Accelerated Physician Assistant Pathway (APAP), also allows Certified Physician Assistants (PA-C) to earn a DO degree in three years.  APAP is available at the Erie and Greensburg campuses.

LDP core curriculum starts with basic sciences and introductions to clinical education. Beginning first year, second semester, the LECOM systems curriculum integrates basic and clinical science of human organ systems. Clinically-based lectures provide a physician’s "real life" view of contemporary health care.

PBL emphasizes student-centered, self-directed learning. Each group of eight students meets with a faculty facilitator three times per week. Students work independently and in small groups developing learning issues and discussing new information relevant to actual patient cases. Groups will request additional history and physical results, an EKG or an MRI as needed as students begin forming differential diagnoses. PBL students progress through basic science and onto clinical science as they become better at solving patient cases.

DSP provides significant flexibility for students during the first two years of medical school. For admission to DSP, the student must show excellent organizational and time management skills in order to proceed through the curriculum and meet strict examination deadlines. Though the program stresses independence, it is a closely directed course of study. DSP students use lists of highly structured learning objectives compiled into modules that are divided into the core  and systems curricula similar to the LDP courses. Core modules deal with fundamentals of basic science while systems modules integrate basic science and clinical disciplines in an organ systems approach to learning.

LECOM introduced PCSP as a response to the need for primary care physicians, and particularly for family medicine. LECOM uses its experience with innovative teaching pathways to ensure that Primary Care Scholars receive the equivalent of four years of academic and clinical education to prepare for post-graduate training. Students complete the first two years of basic science and preclinical education in under 20 months by attending class year-round and using the DSP learning strategy. They begin early clinical training and students must complete core competency-based clinical rotations that meet all the educational requirements necessary for primary care medicine.

Certified physician assistants (PA-C) who are interested in expanding their education and practicing independently now have an affordable and accelerated pathway to earn a DO degree and license.  The APAP students have the option of enrolling in any pathway at the Erie campus and in PBL at the Greensburg campus.


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Originally Posted by SurlyOldManMN View Post
Awesome, let me know how that goes. I brought it up to my tuner and his response was, "well yeah, it's plastic, what did you expect?".

Well... sumbitch...
Yup! But cheap and perfect for @20 psi as that's their stock setting... Ours are just not reliable for our "needs".


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Blog Network

About The Bloggers

Former D.C. Lawyer is the 'Other' Hero

Mccartney_rosenburg If you've watched CNN lately, you've probably seen the promos for its CNN Heroes contest and Nov. 27 broadcast that will highlight the 10 finalists and the hero of the year. Voting is underway now to pick one from among the 10 "whose accomplishment, impact and story inspires you the most." The winner will receive a prize of $100,000.

One of the finalists is Liz McCartney, a woman so stunned by the destruction caused by Hurricane Katrina that she left her job as a teacher in Washington, D.C., and moved to Louisiana's St. Bernard Parish, where she opened a nonprofit organization, the St. Bernard Project, to help rebuild homes by raising money and organizing volunteers. But McCartney was not the only hero behind the St. Bernard Project. She left D.C. and founded the project together with her boyfriend, Zack Rosenburg. A criminal defense lawyer in Washington, Rosenburg was equally moved by Katrina's devastation and the urge to do something about it.

Together, McCartney and Rosenburg left their Washington jobs in 2006, bought a truck and headed to Louisiana, initially intending to help out however they could. Within two months, they founded their nonprofit, which is based in Chalmette, and achieved results that have won the project wide acclaim. As of July 2008, the project had helped to build more than 140 homes. While their focus so far has been on building homes for the elderly, people with disabilities, and families with school-age children, they hope to continue their work until everyone who lost a home can return.

Even though CNN has chosen to honor just half of this dynamic duo as one of its 10 heroes, the lawyer half is not without honors of his own. Last week, at a ceremony in New York, the Manhattan Institute honored Rosenburg with its Social Entrepreneurship Award. The $25,000 award honors nonprofit leaders who have found innovative solutions for America's most pressing social problems. Both McCartney and Rosenburg say they will donate any prize money to the project they founded. You can read more about the couple and their project at the project's Web site and its blog, as well as in this profile published last year in The Times-Picayne. And you can vote for McCartney or one of the other finalists to be hero of the year at CNN Heroes.

Posted by Robert J. Ambrogi on November 11, 2008 at 12:17 PM | Permalink | Comments (0)

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Romney does not appear to be falling for the second political death (or is it third?) of Newt, because his SuperPAC still is going negative against Newt.

Perhaps his team knows, based on internal polling, that for all of Santorum’s caucus wins and next best thing hoopla, Newt remains the greatest threat in big ticket primary states.

This has just started running in Ohio, via Buzzfeed, h/t @RSMcCain who notes, “Further evidence that Team Romney is starting to freak out.”

Rush always says, they will tell us who they fear.


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Caramelized Onion and Balsamic Vinegar Bruschetta

Because these caramelized onions for the bruschetta is so deeply flavored, any style of extra-virgin olive oil is suitable for this recipe. Be patient while cooking the onions. Long, slow cooking renders them sweet with a lasting flavor. You can prepare them ahead, if you wish.

And do use your best balsamic vinegar. The intensity of balsamic vinegar varies; add it drop by drop until it imparts a complexity to the onions, but not enough so they taste of vinegar.–Fran Gage

Editor's note

The bruschetta shown in the foreground is a Mustard Greens Bruschetta. The bruschette at the top and to the right are topped with caramelized onions and balsamic vinegar.

Caramelized Onion and Balsamic Vinegar Bruschetta Recipe

  • Quick Glance
  • 15 M
  • 1 H, 15 M
  • 4 servings

  • 6 tablespoons extra-virgin olive oil, divided
  • 2 large onions (about 2 pounds), peeled, halved, and thinly sliced
  • Fine sea salt
  • Balsamic vinegar, to taste
  • 4 slices grilled or toasted bread
  • Fleur de sel and freshly ground black pepper

  • 1. Heat 4 tablespoons of the oil in a large skillet over high heat until it trembles, becomes aromatic, and easily coats the bottom of the pan. Add the onions and turn the heat to very low. Sprinkle with salt. Cook the onions uncovered, stirring occasionally, until they are the color of a polished mahogany table, about 1 hour. They will shrink dramatically.
  • 2. Transfer the onions to a bowl and let them cool. Add balsamic vinegar drop by drop until the flavor of the onions is complex but not vinegary. Sprinkle with fleur de sel if needed.
  • 3. To make the bruschetta, brush the bread with the remaining 2 tablespoons oil.
  • 4. Put a generous pile of onions on each slice of bruschetta. Add a few grindings of pepper, and serve immediately.
Hungry for more? Chow down on these:


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Friday, March 31, 2006

fifty facts

  • 1. If I had been a boy, my parents would have named me Paul Christopher.
  • 2. I love the smell of fresh laundry.
  • 3. My favorite morning pick-me-up is Earl Grey tea.
  • 4. I like dark chocolate better than milk chocolate.
  • 5. I was 33 when I met my husband and 35 when I married him.
  • 6. Aside from one pair of pink and two pairs of red, all my shoes are black.
  • 7. I love shoes, but I refuse to sacrifice comfort for style.
  • 8. I was born in Portland, Oregon, two weeks before the Tet offensive in Vietnam and a couple of months before the assassination of Martin Luther King Jr.
  • 9. I usually identify with the Myers-Briggs type INFP, but sometimes I wonder if I am more of an INTP thinker than a feeler.
  • 10. My ethnic heritage is German, Swiss, French-Canadian and English with a just a dash of (Protestant) Irish and Czech.
  • 11. I put mayonnaise on my hotdogs. Most people think it's gross.
  • 12. I took four years of high school and college French, plus community-ed conversation courses, but I learned more Spanish in the one month I spent on a Rotary Club trip to Argentina.
  • 13. I was 1 year old the first time I saw the ocean, and my dad says when he put me down on the sand, I started running straight toward the water.
  • 14. My first airplane ride was to San Francisco to visit my aunt when I was going into eighth grade.
  • 15. My first trip out of the country (not including Canada) was during my junior year of college when I studied abroad at the University of Melbourne in Australia for a semester.
  • 16. I seldom put on a full face of makeup, but I never leave the house without lipstick.
  • 17. I can't bring myself to go vegetarian, but I won't buy meat that isn't humanely raised and chemical free. Except when I am craving a Whopper.
  • 18. My cat George, who died in 2003, used to lick my toes with his rough tongue. I loved it.
  • 19. I have a phobia about anyone touching the front of my neck. Except me.
  • 20. I have loved the name Hannah for years, but now it's too popular to name a daughter.
  • 21. It took two-and-a-half years and five intrauterine inseminations to get me pregnant at age 37.
  • 22. I wear my pair of black Danskos almost every day.
  • 23. The soft sound of rain falling outside is comforting to me.
  • 24. I cry when I hear the song Porcelain by Moby. It reminds me of heartbreak, and when I met my husband, I found out that it makes him sad, too, because it reminds him of the same thing.
  • 25. I think British comedy is brilliant, from Monty Python to BBC's original The Office.
  • 26. One of my greatest fears is losing my mind to Alzheimer's when I get old. Or losing my husband when he is young.
  • 27. I graduated with an English major from Columbia University in NYC.
  • 28. I get bored watching football, but I like watching World Cup soccer because it's fast-paced and the men are so good-looking.
  • 29. I love dreams. Having them, writing them down, thinking about them, finding insight in them. Sometimes I contemplate becoming a Jungian analyst for that reason.
  • 30. I love to hike. Some of my most transcendent moments have occured in the middle of a tall forest.
  • 31. I collect the state quarters, from both the Denver and Philadelphia mints. I have every state so far, but I still need some of the Philadelphia mint ones.
  • 32. I can whistle through my tongue, but only when I'm inhaling.
  • 33. I love taking photographs. Some people do scrapbooks; I do photo albums.
  • 34. I have seen the movie Valley Girl, starring Nicholas Cage, more times than I can count. All but one of those times was during high school, and the last time was when I rented it with my husband last year.
  • 35. I was raised Catholic and am a practicing Catholic now, but I drifted away from it during college and stayed away for most of my 20s.
  • 36. If I were to join a religious order, it would probably be the Benedictines because I love their focus on hospitality, finding the holiness in every moment, and seeing each person as Christ.
  • 37. My eyes are pure brown, which usually feels boring, although a man once compared them to caramel, which made me feel glamourous.
  • 38. I first got contact lenses when I made the cheerleading squad in ninth grade. I didn't want to be the only cheerleader with glasses, but I was still a brainy, geeky girl at heart. A brainy, geeky girl who was good at dancing.
  • 39. I have always admired people who have a clear sense of purpose and direction in their lives. Sometimes envied them.
  • 40. My favorite flowers are peonies, tulips and roses.
  • 41. When I'm cooking, I can really immerse myself in the moment and forget about my troubles.
  • 42. Cashmere socks are one of the best things about winter.
  • 43. I landed my first journalism job thanks to an editor I met when I was teaching at the local high school in Greenville, Mississippi. A few years later, I wrote his obituary when he died of lung cancer.
  • 44. I read every page of Oprah magazine every month.
  • 45. That thing that Bill Clinton did to Monica Lewinsky with the cigar? I know it was wrong, but reading about it in the investigation report was kind of exciting.
  • 46. I adore the Harry Potter books and cannot wait until our son is old enough for me to read them to him - or to read them himself, God willing.
  • 47. Ballet is a combination of spiritual artistry, physical exercise and mental stimulation, and that's why I love taking adult ballet classes.
  • 48. I wore Petite Cherie cologne on my wedding day.
  • 49. Sylvia Plath and Raymond Carver are two writers whose work can really mess with my head.
  • 50. I would love to spend a summer - or a year - living in western Ireland.

    liz p. said...

    Funny, for #1 my husbands name is Christopher Paul and I was supposed to be a boy and be Christopher as well.

    (And I like Mayo on my hot dogs too...)

    Ellen said...

    Mayonnaise? Can't stand it. In a commercial I recently saw for it, they showed layers of it squirting out from under the top slice of bread as a body-less hand was pushing together a sandwich and it literally turned my stomach and made me realize (again) c'est porqui je deteste le mayonaise.
    PS — I didn't know we had Swiss and Chzek in us! Maybe that explains the curls, eh?

    sue said...