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On the Reservation

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The ancient punishment of banishment is alive and well among certain Indian tribes:

[A] growing number of tribes across the country, desperate to slow the wounds of drug and alcohol abuse, gambling, poverty and violence, have used banishment in varying forms in the last decade. Tribal leaders see this ancient response, which reflects Indian respect for community, as a painful but necessary deterrent.

. . . .

The rate of alcohol-related deaths among Indians was seven times that of the national average in 2002, according to the latest data from Indian Health Services, an agency within the United States Department of Health and Human Services.

. . . .

“It’s out of desperation,” said Doug George-Kanentiio, who is a journalist for News From Indian Country, a national newspaper, and a member of the six nations of Iroquois, some of which imposed banishments. “The leadership is caught in a very awkward position, and they have to make a choice. They could either reinforce the ancestral discipline, or they go the American route, which has proven to be a failure.”*

This isn’t something that many non-Native Americans like to focus on, but American Indian policy is in dire need of reformation. Simply pouring “more money” on the problem ain’t gonna cut it. What needs to be confronted is the growing abyss between the haves and have-nots of Indian tribes.

The “haves” tend to be clustered on the coasts, within an easy drive of large urban centers. Take, for instance, the Foxwoods Casino near Stonington, CT — ideally located within driving distance of New York, Boston, Hartford, and Providence. The Foxwoods (which, by the by, is this gaudy pink thing smack in the middle of an idyllic forest) fills the Pequot reservation and has a yearly revenue of about $1 billion. It’s safe to assume that the 270-or-so members of the Mashantucket Pequot are doing just fine, thank you very much.

In contrast, the have-nots — like the Lummi of Washington State — tend to find themselves in less lucrative locations, usually between the coasts, and have extraordinary poverty rates. They’re in need of targeted disbursements and the ability to exercise more local control, so that they can find local solutions for their problems. They also need to be discouraged from seeing “banishment” as an option. Shifting bodies around ain’t a solution. A banished Lummi alcoholic may no longer trouble the Lummi tribe, but he still has a problem — as do the surrounding communities and Washington State.

This isn’t a very sexy issue, but it’s an important one. Let’s try to remember it.

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Fafblog in Crisis!

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An Obsidian Wings World Exclusive!

The Fafblog is in crisis! As many of you know, the Fafblog — my only source for traffic information, agribusiness news, and manna — consists of Fafnir, Giblets, and The Medium Lobster. Last week, Fafnir announced that the Fafblog would endorse Howard Dean for President. Only Dean, said Fafnir, can “confront the katana-wielding shadow-warriors of mounting national debt, rising health care costs, the war on Iraq and the specter of international terrorism.”

Now, both Giblets and The Medium Lobster have dissented from the Fafblog’s endorsement!

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Andrew Sullivan hits it right on the head: LET THE KIDS PAY FOR IT: I’m talking about this $170 billion foray into space. After all, the next generation will be paying for a collapsed social security system, a bankrupted Medicare program, soaring interest on the public debt, as well as coughing up far higher taxes … Read more

Dean Redux

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Not so long ago, I wrote:

Dean has a strong base, but he turns a heckova lot of people off (myself included). It’s not at all clear that he can overcome this insta-hate, and reach out beyond his current followers. . . . The polls tell the story: Dean, more than probably any other candidate, depends on grass-roots momentum. But his momentum is fading . . . Dean’s playing defense for the first time, and I’m not sure he has it in him.

In comments, I added:

Frankly, Dean hasn’t really been tested yet. The easiest place in the world to be as a candidate is to be the up-and-coming outsider (Wes Clark, I’m looking at you). Until recently, Dean has had the luxury of being in that position. . . . Now that Dean has had a couple weeks as the clear front runner, we’ve seen him either stumble or crack (depending on your personal view of the man). It hasn’t been pretty.

I went out on a limb, and predicted that “[t]he worm has turned. Dean has peaked. Clark is going to be the Democratic nominee[.]” Now, I could very well be wrong about Clark being the nominee. But there’s growing evidence that Dean may, in fact, have peaked.

You saw it here first, folks.

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Do Not Displease The House of Tatas

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I contemplated posting on the increasing chaos in Southern Iraq, but thought better of it. I mean, really, Iraq is sooo November 2003. Onward to the things that really matter: From Slashdot (which cites Reuters): “the estate of J.R.R. Tolkien won a cybersquatting case against Alberta Hot Rods, a Canadian-based operator which registered jrrtolkien.com and linked it to its commercial celebrity Web site[,] before an ICANN arbitration panel.”

The Slashdotters, of course, don’t link to the panel’s actual decision. We Obwingers, however, revel in pointless detail. So here it is, in all its ICANNy goodness.

Now, for the meaningless digression: The Tolkein arbitration was handled under the auspices of the World Intellectual Property Organization, which has quasi-sorta-jurisdiction over many domain name disputes. WIPO’s rules allow the holder of a valid trademark to seek relief against a cybersquatter through a quick-and-dirty arbitration proceeding.*

Doesn’t always work as planned, though. Because WIPO is an international organization, an arbitration panel can consist of people from around the world. Many of these people don’t speak English as a first language (shocking!). This can lead to some, well, unusual decisions. Such as: Tata Sons Limited v. D&V Enterprises.

Tata Sons, Ltd. is a large Indian utility company. D&V Enterprises owned a website named “bodacious-tatas.com,” which provided (one presumes) all manner of bodacious tatas for one’s viewing enjoyment. Tata Sons, Ltd. claimed that a person seeking out its utility may confuse D&V’s bodacious tatas with its utilities. It sought to take control of D&V’s “bodacious tatas.com” domain name.

At this point, you may be thinking that one would have to be pretty damn drunk to confuse a utility with a purveyor of bodacious tatas. That thought, however, did not enter the mind of the WIPO arbitration panel. Its ruling reads, in part:

TATA, without any vestige of doubt, constitutes a famous (or, in international parlance, well known) mark . . . . As to goodwill, the Panel accepts the Complainant’s submission to the effect that the name “TATA” has consistently been associated with the goods and services of, the “House of Tata”. . . . the name “TATA” has acquired considerable goodwill.

. . . .

The Complainant contended that the use by the Respondent of the impugned Domain Name is aimed at taking a ‘cash-ride’ on the Complainant’s image and status. Thus, the unauthorized adoption of the Domain Name has resulted in the Respondent deriving, or attempting to derive, monetary benefit by trading on the reputation and goodwill held by the Complainant. The Panel accepts this contention . . . . [and awarded the domain name to the House of Tatas]

Erm, yes: when I think of Tatas, I think of the “House of Tatas,” an Indian utility company.

You can’t make this stuff up.

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Haiku-a-lypse Now

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M.C. Masterchef states: “looks like I need to start commenting more. Gimme another haiku thread to work with and I’ll reach my quota real fast.” Witness, now, the wish and the command becoming one. Cold January Bosses to warmer homes go I’m wearing no pants This is your depressed Haiku open thread.

Plame Expressed as a Logrithmic Equation

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From the write up of the Sixty Minutes’ interview of O’Neill: Not only did O’Neill give Suskind his time, he gave him 19,000 internal documents. “Everything’s there: Memoranda to the President, handwritten “thank you” notes, 100-page documents. Stuff that’s sensitive,” says Suskind, adding that in some cases, it included transcripts of private, high-level National Security … Read more

Lefty Hawks reconsider the Iraq War

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In what has become a popular refrain — “I have no time to blog today/no time at all (hey hey) . . . ” — I have no time to blog today. Yet, as a left-leaning Blogohawk,* I feel compelled to note this article from Slate: “Liberal Hawks Reconsider the Iraq War.”

As for any “reconsideration” by this humble hawk, well: The aftermath of the Iraq war — particularly the discovery of a significant lack of WMDs and of an effective plan to deal with post-war Iraq — has confirmed my pre-war sense** that Bush inappropriately rushed into things. On balance, however, would I still have done what we (the coalition of the willing) did? I think, yes.

Those three words will have to hold the fort for me now. I’m off to less-exciting things.

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O’Neill — InstaReaction

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For a more detailed analysis of the O’Neill story, see Katherine‘s post below. My InstaReaction to the Sixty Minutes’ interview was: 1. O’Neill is telling the truth, as he understands it, but 2. O’Neill’s truth does not necessarily accord with the generally-accepted definition thereof. In other words, O’Neill is credible without being believable. He definitely … Read more

David Brooks Apologies for his Neo-con = Jewish Comment

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Poynter Online provides David Brook’s apology for equating “neocon” with “Jewish” in this column, and thereby implying that critics of neocons or their policies are antiSemitic. (Brooks was roundly criticized by, among others, Josh Marshall, as well as my “lefty” co-blogger Katherine and my “righty” co-blogger Moe Lane.) Brooks explains that his comment was intended … Read more

Continuing the chilled-out theme. . . .

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. . . . stop by the Fafblog. Fafnir’s got some new stuff up, and some of it’s pretty good. A taste: SUCKS TO BE MUSHARRAF. Pakistani military dictator Pervez Musharraf who[,] as regular Fafblog readers know[,] is my favorite Pakistani military dictator ever – check out my Musharraf fansites, “Whassup, Musharraf!” and “Pervez n … Read more

Obligatory toe-picking music post.

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Relax, partisans and neopartisans: it’s the weekend, and time to chill out, crack open a Pabst, and listen to some music, new and old. What am I listening to? Well, shucks, I thought you’d never ask. A little Norwegian electronica from Flunk‘s recent debut. It’s a deeply flawed album, but I’m a sucker for Norwegians. … Read more

This is the Clark-bot. You will be assimilated.

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(Disclosure: I’m not a Democrat, though I have voted for a few . . . . .) There are three memes that seem to keep cropping up regarding the Democratic primaries: 1. The race for the Democratic primary is now between Dean and Clark; 2. Dean really energizes some people; but, 3. Dean really turns … Read more

Just Iraq, now.

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Approximately thirty-five wounded in a motar attack today, with at least one possible death. It ain’t over yet, folks, and it ain’t yet won. More troops — and they stay until the job is done, not the next election cycle. We ask our troops to risk their lives; we don’t ask them to risk their … Read more

Iraq and Terrorism

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The Washington Post reports that the Iraqi WMD program was strong on paper, but not much on substance. This will surely be spun by others, so let me be the first: Pre-war, all available evidence and all intelligence estimates (including those by war opponents, such as France and Germany) indicated the existence of Iraqi WMDs. … Read more

Dammit, another Clark post.

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This is my last freakin’ one.

As foretold by the Prophecies of Aberjian,* the Democratic field must reduce to two contenders: the DEAN and the NOT DEAN. These two shall then battle, Thunderdome-style, to the death. Tina Turner will officiate. Thus has it been foretold, thus shall it be.

Now, we know who the DEAN is. (Or at least think we do.) But who shall be the NOT DEAN?

Perhaps we shall soon have our answer. The latest New Hampshire tracking poll shows Clark pulling even with Kerry in New Hampshire. Josh Marshall, reading the tea leaves, prepares the ritual oil to annoint Clark as the NOT DEAN. (Kaus, checking his file, agrees.) Kos, on the other hand, previously reviewed the bones and believes that the Thunderdome-method may be the wrong way to go. He hopes to pull off the difficult task of merging Dean and Clark, Voltron-Style.

As for me, well: Kerry had a recent surge in the nationwide polls, but he’s nearly kaput. Clark’s statements that he won’t be Dean’s running mate seem to foreclose Kos’s hope. And if Gephardt doesn’t win convincingly in Iowa . . . .

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It is getting more interesting.

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This is probably more Katherine‘s purview, but the race for the Democratic nomination is getting tighter. Via Kos (who provides further analysis), a nationwide poll shows Dean to be at 22% (down from 26% in December) and Clark to be at 13% (up from 11%). The big winner, however, is Kerry, who has bounded from … Read more

Passing it on, Part Three.

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UPDATE: See also co-blogger Katherine‘s post, below.

Eugene Volohk has an excellent article on the First Amendment over at NROnline. (Also discussed at the Volohk Conspiracy here and here.) Kevin Drum sums up Volohk’s argument, and then adds his own thoughts:

Eugene’s argument about why judges have to interpret the First Amendment — it’s too vague and absolute to make sense in the real world — seems to me to apply to the entire strict construction school of constitutional law. The entire constitution is deliberately vague and assumes a broad societal consensus about its interpretation that the framers felt it was unnecessary to spell out in the document itself. Relying on black letter text just doesn’t work if the text itself has been deliberately left incomplete.

Well, not entirely. It’s true that the language of the U.S. Constitution is deliberately vague in some areas, but, by and large, the Constitution is not as hopelessly indeterminate as Kevin seems to suggest. It’s not all throwing bones and examining entrails, so long as one examines each passage in its historical context. . . .

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Passing it along, Part Two

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Michael Totten tries his hand at political taxidermy, separating the “liberals” from the “leftists.” It’s an interesting piece, and worth reading (Matthew Stintson provides his take on Mr. Totten’s piece — also very much worth reading — here.)

Although I’d quibble with some of the particulars,* I think that Mr. Totten is correct when he argues that there’s a difference in kind, not merely degree, between, say, the DLC (“liberals,” in his view) and the folks at ANSWER (“leftists”). These people do not share the same worldview — indeed, in many ways the gulf is even greater than that between so-called neo- and paleo- conservatives. It’s a mistake to suggest otherwise by falsely placing them on a right-left (or, in this case, left-lefter) continuum.

von

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Passing it along

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The Guardian reports that the British Foreign Secretary, Jack Straw, anticipates having British troops in Basra until “2006/2007.”

The Coalition’s occupation of Basra has thus far been a relative success. The British, who have 10,000 troops in Basra, suffered their last KIA in late August; the region is relatively untouched by the insurgency; and there are hopes among Iraqis that Basra will soon return to being Iraq’s Riviera. There are difficulties, certainly, and criticisms by the Shia majority, but, all in all, Basra is doing about as well as one could expect.

What does this mean? Well, if the British anticipate being in relatively-peaceful Basra for the next 2-3 years, it’s logical to assume that the Americans should* be in Iraq for at least that long — if not longer. Beware of Presidential candidates who won’t expressly concede as much, or who claim otherwise.

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It’s all about the Russ

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General Clark had a strong interview on NBC’s Meet the Press this morning. Key exchange on Iraq’s reconstruction: MR. RUSSERT: In terms of Iraq, you said this the other day. “When I am president, I will go over to Iraq and it won’t be to deliver turkeys in the middle of the night.” What does … Read more

This should go well.

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The Washington Post reports that “the United States this week will formally launch the handover of power to Iraq with the final game plan still not fully in place.” No problemo. I mean, “[b]esides figuring out who will rule in Saddam Hussein’s wake,” all the Iraqis will have to do during the next few months … Read more

Free legal advice.

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It’s been a slow day for paying customers — it’s all waiting for the Court on this, waiting for the consultants on that — which is a good thing, since I’ve been running myself into the ground of late. But I’m genetically predisposed to never, ever, ever stop working (ask my wife), so I’ll offer some free legal advice to Josh Marshall.

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Off with their heads.

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Tony Blair wants to reform the House of Lords, but is getting blocked by an unlikely alliance of Tories and Liberal Democrats. My only venture into British politics occurred as a grammer school student in the mid-1980s (conflicted underdog-rooter that I was, I supported the SDP/Liberal Alliance),* so take the following with a grain of salt.

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The name game.

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Fox News reports that “six cases of mistaken identity” were behind the grounding of the Air France flights over the holidays. It’s better to be safe than sorry, yes, but there’s also a lesson here that mistakes can (and do) get made in a war. Keep this in mind when you consider whether the government … Read more

You always hurt the ones you love, Part II

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Kos calls a party foul on General Clark. Why? Clark proclaimed that he is “the only candidate positioned to actually win the election” because he is “the candidate best able to stand up to George W. Bush and win the debate about who will best be able to make our country secure over the next four years.” Dean cannot.

The thing is, Clark is probably right. No special insight is required to see that Dean has not positioned himself well in the debate over security. Indeed, Dean has said so many stupid things on security issues that no mere “Sister Souljah” rebuke can save him — for how one give a Sister Souljah rebuke to oneself?

If the general election turns on security, as it most likely will, Dean becomes the darkest of dark horses. Democrats need to face up to that — and cast their primary votes accordingly.*

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Petty Annoyances

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Just in from Fox News : BAGHDAD, Iraq — At least five people were killed in a large explosion that ripped through a restaurant in central Baghdad Wednesday and there were reports that Iraqi police said it may have been caused by a homicide bomber. This is not an occasion to try to score political … Read more

Do the right thing.

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Ashcroft has opted out of the Plame game, recusing himself in favor of Peter Fitzgerald. Fitzgerald is the U.S. Attorney for the Northern District of Illinois. Although there were a few ruffled feathers when Fitzgerald was appointed — he’s not a native son of Chicago, but rather a carpetbagger from New York (so to speak) — all accounts are that he’s nonpartisan, sharp, and relentless.*

This is an excellent decision by Ashcroft. But why now?

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Chickens, on their way home to roost.

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From the Washington Post, troubling news about our attempts to rebuild Iraq’s police force.

As the U.S.-led governing authority in Iraq attempts to build a security force of 220,000 in the next few months, the competing priorities of speed and thoroughness have prompted shortcuts in the recruiting and training process. The consequences are starting to become apparent. . . . more than 200 Iraqi policemen in Baghdad have been dismissed and dozens of others have had their pay slashed for crimes ranging from pawning government equipment to extortion and kidnapping. . . . . In addition, roughly 2,500 people on the payroll of the Facilities Protection Service, which guards government buildings, either do not exist or have not been showing up to work . . . . [A] number of Border Patrol officers have been disciplined for accepting bribes in exchange for allowing people without proper identification to enter Iraq.

The importance of building a capable Iraqi police force cannot be overstated. Iraq needs substantial foreign investment to rebuild its infrastructure, institutions, and public services. The principle barrier to that investment is security.*

Many (including I) have chanted the mantra of “more troops, more money, more international involvement” as a solution to Iraq’s security issues. Our chanting has gone unheeded. The US lacks the will to commit the troops necessary to do the job, and the period during which a massive show of US force might have been effective has slipped us by. The time for chanting is past. The Iraqis must pick up the slack.

Indeed, the US military could have provided, at most, only tempory relief. And resort to the rebuilt Iraqi army — tempting though it may be — is also no substitute. It is the role of the Iraqi police to protect Iraqis. Having the police actually police is what is meant by “the rule of law.”

“[W]hen have you ever seen the police lead a coup?” Casteel explained. “If you build a strong police force, you have a republic. If you build a strong military, you have a banana republic.”

What are we building in Iraq? What shape do we wish Iraqification to take? And, if anything is an improvement over Saddam, does that make everything acceptable?

It’s time to stop celebrating the capture of Saddam. There’s work to do.

von

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A step beyond a step too far.

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Lawyers. I know: the word alone almost causes you to swoon with joy and thanksgving. Lovers, fighters, poets — there’s no evil that these paragons of truth and virtue cannot conquer, no danger that they will not face, no friend-in-need whose call they will not answer.

Yes, I am one of them. Save your applause, please, until the end — for there are heavy matters that we first must discuss.

Heavy matter numero uno: The speed with which politico-shtick and lawyer shtick are converging. The rush to apply the bare minimal standards of honesty that govern us law-folks to political rhetoric — the “if I say it this way it will just barely be truthful” test. You know what I mean: “no controlling legal authority”; “I never said Iraq had WMDs, I said it had WMD programs“; “I suppose it depends on what the definition of ‘is’ is.”

This one foot over the line, one foot behind is usually just fine. Sure, a partisan or two gets stirred up, but most people can distinguish between spin and lie. But, sometimes, in our eagerness to score rhetorical points, we take that step beyond a step too far . . . .

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Mildly-interesting Economics Open Thread

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The U.S. dollar hit an all-time low against the Euro today. This is mildly interesting, because the dollar should be strengthening as the Federal deficit increases: Higher deficits generally lead to increased foreign borrowing/investment,* which in turn leads to an increase in demand for dollars and hence a higher price for the same. Why that … Read more

Mad Cows and Canadians

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Well, now I’m back too. And annoyed. Item the first: CRAWFORD, Tex., Dec. 28 — President Bush’s stewardship of the nation’s food supply was attacked Sunday by Democratic presidential candidates who charged that the case of mad cow disease in a Washington state Holstein could have been discovered earlier if the administration had not coddled … Read more

New and Improved Holiday Horror Open Thread — Now, with Extra Cursing!

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Not too long ago, the irrepressible Moe Lane said in these (virtual) pages, “So, if you show up at this site after experiencing a holiday horror story (waving hand grandly) feel free to tell it here.”

It was a good idea. It was a great idea. It was the kind of idea that might lead to peace in the Middle East, goodwill towards men, and the Indianapolis Colts beating the Denver Broncos.

There was one problem, however. We got no comments. None. No one wanted to share their holiday horror stories with us. (And the Broncos beat the Colts, gosh-darnit.)

It took me all night and a fifth of Beefeater gin, but I think I’ve finally figured out why. Moe, gentle soul that he is, admonished our readership “to limit the profanity.” Sorry, that simply will not do. One cannot tell a holiday horror story and “limit the profanity.” Many holiday horror stories consist of nothing but profanity.

So, I’m unilaterally relaxing the posting rules for this thread only.* Consider this your gratuitous profanity holiday open thread. Since I’m an anal-retentive lawyer jerk, however, I’ll ask that you obey the following rules:

(1) Do not limit yourself to past events. Is your mother trying to convert your Jewish boyfriend to Catholicism at this very moment? Post on it. Did your Aunt just refer to your goyish girlfriend as “that shiksa”? We want to know. Has Uncle Bob appeared at another Christmas morning breakfast in his boxer shorts with the fly is wide open? Every detail, friends.

(2) Do not use real names or characteristics that will easily identify your subject. Why? Google. You don’t want your remarks to come back and haunt you (or us) as a result of some ill-advised, post-holiday egoGoogling. Now is also not the time to discover that extra-randy poster “DrEXXXtasy” is your father or that super-bitch “Lorax84” is great aunt Thelma. So a little self-restraint is needed. Remember: we cannot (and will not) monitor the comments section in real-time.

(3) Use of the “curse” words “biotch,” “effing,” and “shite” is forbidden. Really, people: curse like adults.

(4) No ad hom against other posters. We’re all in this together, folks. (This rule does not apply to ad homs against unrepresented friends, family members, and loved ones, of course.)

And away we go . . . . .

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Put up or shut up.

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General Hugh Shelton was asked whether he would back General Wesley Clark for president, and he responded as follows: I will tell you the reason he came out of Europe early had to do with integrity and character issues, things that are very near and dear to my heart. I’m not going to say whether … Read more