September 3, 2008

Open mic night

I admit I am taking no small amount of glee in Republicans recent misfortunes, so many of which center around the selection of Sarah Palin as McCain's VP pick. Teen pregnancy aside (yes, abstain from ragging on the youngsters) she is the gift that keeps on giving, with an abuse of power investigation only the tip of the rotten ice berg.

Mike Murphy, a former McCain adviser, and Peggy Noonan, formerly a speech writer for Ronald Reagan and indubitably still in puppy love with him, are caught on an open microphone during a stint on MSNBC giving their assessments of the Republican National Convention.

The video with all of the unintended truthy goodness.

And for the video impaired, the transcript:

Chuck Todd: Mike Murphy, lots of free advice, we'll see if Steve Schmidt and the boys were watching. We'll find out on your blackberry. Tonight voters will get their chance to hear from Sarah Palin and she will get the chance to show voters she's the right woman for the job Up next, one man who's already convinced and he'll us why Gov. Jon Huntsman.

(cut away)

Peggy Noonan: Yeah.

Mike Murphy: You know, because I come out of the blue swing state governor world: Engler, Whitman, Tommy Thompson, Mitt Romney, Jeb Bush. I mean, these guys -- this is how you win a Texas race, just run it up. And it's not gonna work. And --

PN: It's over.

MM: Still McCain can give a version of the Lieberman speech to do himself some good.

CT: I also think the Palin pick is insulting to Kay Bailey Hutchinson, too.

PN: Saw Kay this morning.

CT: Yeah, she's never looked comfortable about this --

MM: They're all bummed out.

CT: Yeah, I mean is she really the most qualified woman they could have turned to?

PN: The most qualified? No! I think they went for this -- excuse me-- political bullshit about narratives --

CT: Yeah they went to a narrative.

MM: I totally agree.

PN: Every time the Republicans do that, because that's not where they live and it's not what they're good at, they blow it.

MM: You know what's really the worst thing about it? The greatness of McCain is no cynicism, and this is cynical.

CT: This is cynical, and as you called it, gimmicky.

MM: Yeah.

August 20, 2008

Almost trivial

A very good article about how simple it can be to have your personal email and financial accounts hijacked. We are constantly reminded that everything we do online is permanent and searchable, but few people really contemplate the potential consequences involved.

August 12, 2008

...pretty as a picture, right in the very front row...

Errol Morris delves once again into the issue of photography as truth in the case of the Iranian "4 missiles or three" images.

Inevitably, he adds perspective and context that went missing from the many rounds of Internet gotcha! that followed in the days the alterations were revealed.

July 14, 2008

Sober Rock

I haven't had a drink in over ten years, but Foghat's "Road Fever" from Foghat Live is still a down and dirty, head banging piece of loud slide guitar, four-on-the-floor rock nastiness.

Best played at volume setting 11.

That is all.

June 26, 2008

Supremes Get It Wrong

I suppose the clumsy syntax of the Second Amendment bears some minor responsibility for leaving a crack of daylight through which the NRA have jammed a jackhammer, but it is to the Supreme Court's everlasting shame it chose to abdicate its responsibilities.

There is no coincidence that Scalia's majority opinion reads exactly like Bush administration talking points, as his hysterical dissent in the Guantanamo related case did.

March 18, 2008

Self-Evidence

There is nothing more irritating then reading a column in a major national newspaper in which the author has that light bulb moment the rest of us experienced decades ago. You know, the one where he/she discovers that Republicans have no principles other than the Law Of Maximum Short Term Gain. The corollary to it is that those same fraudulent "free market" profiteers inevitably turn to government to assume the destructive debt they incur in the chase of imaginary money - derivatives, shitty loans, outright theft.

It is revolting in the extreme, but typical. I call your attention to the Enron-Arthur Andersen criminalities of the late 1990's early 2000's. Cast back a little farther and you run into the wall of the S&L rip off of the early 1980's.

But remember kids, regulation is evil and the government is the enemy. Except when it isn't.

EJ Dionne, this is your wake up call.


August 9, 2007

A side note

I never did finish any of my useless ruminations on guitar players, rock music, and the albums of Led Zeppelin.

I probably never will.

This blog has utterly lost its focus which is in some part a mirror of its author's internal clutter and messiness.

Alas.

This is a bit I posted to a discussion thread on Flickr.

For those too lazy to follow the link nor read the discussion (okok, I know all four of you are really busy) it was in the context of the trend amongst many Flickr photographers to get caught up in the technical perfection of photos and perhaps losing sight of composition and, most importantly, subject and impact. The famous photo of Jimi Hendrix on his knees on stage at Monterey in 1967, summoning forth flames from his guitar was posed as an example. Iconic photograph of an out of the world moment, captured on film but not following any of the rules of photography as taught in schools or touted on photo sites.

A bit of back and forth (including an unwanted correction by me about where the photo was taken - the OP said "Ashbury" which had nothing at all to do with Monterey), and then I mentioned this:

We actually agree - if the image doesn't have something to captivate the eye or the mind or the soul, no amount of post processing or multi-thousand dollar gear is going to compensate for that. I do think the technical aspects have their place, and can improve a great image into something beyond that (my superlative well is running dry), but without the undefinable "it", all of that falls by the way side.

When I was a kid I read a lot of books about the Second World War. Many of them were heavily illustrated with photographs, some of them quite remarkable both in terms of subject and emotion, and the technical captures themselves.

One, however, stays with me and played a large role in defining my thoughts and feelings about war generally. It is a lousy photograph, from a technical standpoint - bad composition, lighting, exposure, so on and so forth. But the subject remains imprinted on my brain.

It shows the flattened body of a German infantryman after being run over by a tank he had been walking in front of, as part of a long column. All you can really see is this flat, muddy, uniformed figure, surrounded by a torn up dirt road turned to swampy mud, with a stopped tank behind him. It isn't gory, there are no body parts or blood apparent - you can almost believe it is just an empty uniform, lying in the mud.

Almost.
And that sentiment, that photograph, brings basically back where I started with my posts in March of 2003 - the first one being about the opening salvo of death-bringing bombs falling on Baghdad while Dan Rather tries to suppress the hard on he obviously had going under the news desk as buildings and the humans in them were blown literally to pieces.

My problem has become this: nothing has changed. More of ours are dying now than ever before, Iraq is a squalid, internecine street fight we can neither control nor suppress, and our country is becoming irrelevant to human progress. An impediment, even.

Makes me wish for those old time, over sized barf bags airlines used to have in every seat back pouch.

Fuck it.

Maybe writing convoluted irrelevancies about music and other shit that interests me the way shiny things entrance monkeys is the way to go. My anger is otherwise uncontrollable...


November 16, 2006

You've Been Euphemized

Oh Joy!

Oh Bliss!

Hunger has been eradicated in the United States!

Oh, wait. Maybe not.

The U.S. government has vowed that Americans will never be hungry again. But they may experience "very low food security."

Every year, the Agriculture Department issues a report that measures Americans' access to food, and it has consistently used the word "hunger" to describe those who can least afford to put food on the table. But not this year.

Mark Nord, the lead author of the report, said "hungry" is "not a scientifically accurate term for the specific phenomenon being measured in the food security survey." Nord, a USDA sociologist, said, "We don't have a measure of that condition."

The USDA said that 12 percent of Americans -- 35 million people -- could not put food on the table at least part of last year. Eleven million of them reported going hungry at times. Beginning this year, the USDA has determined "very low food security" to be a more scientifically palatable description for that group.

The United States has set a goal of reducing the proportion of food-insecure households to 6 percent or less by 2010, or half the 1995 level, but it is proving difficult. The number of hungriest Americans has risen over the past five years. Last year, the total share of food-insecure households stood at 11 percent.

Well. *I* for one am relieved. Wouldn't want anyone in the richest nation on earth to go HUNGRY.

http://www.washingtonpost.com/wp-dyn/content/article/2006/11/15/AR2006111501621.html


October 24, 2006

A glimpse of leather


Saw a bat as I was getting ready to let Rufus out to do his thing. I hadn't opened the door yet. A large flying insect was beating it's wings around the front porch light, and from behind the sliding glass doors in the kitchen I saw a sudden blur of flapping leathery wings. The bat half circled the light , then snatched it's prey and vanished into the dark up in the palm trees just as I opened the door.

Startling, but very cool.

October 22, 2006

Suffocation

I try to imagine not being able to breathe, reaching that point where the lungs will burst, your head explode, your vision narrowed to a pinpoint, and still the air doesn't come. I've been at the bottom of the pool longer than I should have, knowing that I could hold out for one more painful second then push off and find sweet air above the surface.

In my mother's case, the surface is a very long way away. A lifetime smoker, she was eventually diagnosed with Emphysema, and then C.O.P.D. The latter is a death sentence, a matter of when and not if, the rate of degeneracy the determinant. Then, not to my surprise, she was diagnosed with a cancerous tumor in her right lung. One type of surgery seemed viable, so she signed up for it and played it up to us as being relatively safe, as major operations involving lung removal possibly can be.

A month later and she remains in the ICU, unable to breathe on her own, fighting a host of smaller, nagging problems that have utterly inhibited her ability to begin recovery. After a lesser procedure we are told things are "improving", presumably relative to where things stood the week prior. The respirator tube has been moved from her mouth to a tracheotomy to kill off an infection in her throat and to render intubation a little less painful. She is also on light dialysis to speed up her kidney function, which had fallen way off when her system was unable to process enough waste. We are told the dialysis is nothing to worry about.

We shall see.

The hope is that in the next week or so she will be deemed strong enough to have the respirator turned off and begin breathing on her own, something that should have happened weeks ago. If it does come to pass, she may well be on her way to a long, but successful recovery. If she cannot, then she is at the bottom of the pool, staring up at the surface without the strength to launch herself toward air, fresh air.


July 25, 2006

Academia or Advocacy?

A very decent op-edpiece in The New York Times differentiating between professors advocating a particular political or religious point of view and teaching students about those subjects. This is a rare bit of clarity in the shoutfest the Righties have started up in their quest to purge from universities an invented liberal bias that does not exist. What the Righties want is to eradicate any truths but their own.

July 17, 2006

Shaken to death

My cousin Susan died a week or so ago.

She was discovered dead in the bathtub in her apartment by her mother, who had come to see if anything was wrong after a number of unreturned phone calls. From what I'm told some time had passed between her death and the discovery of her body, adding an additional layer to her mother's profound grief in the form of the beginning stages of decomposition.

No autopsy will be performed. The proximate cause of death appears to be drowning, likely brought on by the after effects of an epileptic seizure. Cousin Susie was prone to seizures, had been since she was born, her life imbued by her struggle to control those seizures and live a normalized life. The speculation is that she fell asleep while relaxing in the bath, then seized as she began to awaken, apparently a common part of her seizure pattern. Her seizures sometimes lasted as long as several minutes, and she tended to roll to one side and assume the fetal position as the seizure came to a close. For many epileptics the end of the seizures is followed immediately by a period of unconsciousness. Somewhere between the ending of the seizure and unconsciousness, Susie drowned.

I'm 40, and best I can recall Susie was a year or two younger than I, making her 38-39 at the time of her death, an age in our society considered relatively young for such an end. Her passing has given me some pause, but not as you might think - a fellow epileptic with the inside knowledge wondering at my own behavior, potential risks to be avoided, the wisdom of taking a bath when home alone. No, her death gives me pause because she and I have not been close in many years. My seizures didn't begin until I was 20 years old, and we've pursued very different treatment paths. We both wanted the same things - a modicum of "normality", a way to live that resembled the lives of those around us.

Susie had a 20 year jump on me when it came to living with seizures, the familial strains it can cause, the tremendous side effects of the powerful medications used to exert some control over the frequency and severity of seizures, and the personality distortions they contribute to. When I had my first seizure, I was conscious during the entire thing as initially my feet, then progressively the rest of my body locked up so tightly I could no longer call for help. Fortunately I had chosen my dorm hall steps as the venue for my epileptic debut, so a number of people who had heard came running. My room mate at the time, Neil, was trained as a paramedic, and he tried to take control of what was happening, but I was so deep into the seizure, and the outside world was disappearing at such a fantastic rate that all I had to time to think before that last pinhole of light was swallowed by complete darkness was" Don't worry, Neil, I'm only dying."

I awoke trying to punch out an Air Force paramedic. He retaliated by giving me a hefty injection of Valium. We reconciled.

This is my personal perspective about my misbehaving brain. I've stepped back from the threshold of the intense surgical route my cousin chose, instead attempting to find my own way to live with them, around them, whatever.

Susie and I had not been close in many years, but I feel the loss of her as my cousin, as a human being, and as someone who had great courage and will to render herself "normal".



June 27, 2006

All about me

I've rambled and ranted about guitar players recently, perhaps as the initial sign of an impending middle age crisis. If that is the case, please shoot me before I start wearing Lycra shorts and leasing a Porsche. So far I don't feel the yearning for ice cream suits and shiny blue shirts with overly wide collars, so I think I'm safe, for the moment anyway.

Doesn't mean my self indulgence need end here. In fact, that is the core essence of blogging - self indulgence, an ode to the self, myself, me. Regardless of topic, extent of outside sources and links, blogging is at its heart a pursuit inherently All About Me. I don't mean to disparage anyone who engages in the practice but I also lend little weight to the notion that blogging is itself akin to responsible journalism. Note the use of the word "responsible", a term not entirely applicable to many major newspapers, and especially news developed for television, be it the nightly half hour of Death TV or the round the clock breathlessness of CableSpews. In the mix of all this the "blogosphere" (gag me with a laptop) is said to beat the major news outlets to the story. This all sounds like ideal citizen journalism, but most of it isn't anything more than energy for a feedback loop repeating poorly or completely unsourced stories, which then bounce in and out of the major media.

In the old days of named sources, the days when no self-respecting reporter would use the term "reportedly" in order to introduce speculations or utter fabrications to the construct of an actual news story, none of this drivel would see the light of the day. The blogosphere's sole redeeming quality has been its willingness to continue the pursuit of the details of a story even after it falls out of the bare minority of news organizations that have earned the moniker "responsible". This carries its own difficulties as many of these stories are already done to death, and the pursuit comes full circle as the hunt for clarity descends once again into a morass of rumor and allegation without evidence.

But hey, what do I know? The threshold of evidence required to get a story on the front page of a major news daily is remarkably low. Astonishingly so.

The good news is that Led Zeppelin II is still one hell of a record, put together in bits and pieces as the band toured the U.S. for the first time. What were once simple blues riffs were given an accelerant and a match, and an amp turned up to 11. Sure, you have "Ramble On", a juvenile lyric fill of Tolkienisms, but the music backing those pathetic lyrics is straightforward. Driving drums, inspired guitar lines.

Heartbreaker stands out on this record for me because again it highlights Jimmy Page's use of multi-tracked guitar to achieve a useful musical end. If you listen closely to the track you may discover that the best guitar lines in that song are not necessarily the blistering solos.

And to close the show is a clearly stolen blues riff over which Robert Plant uses a harmonica sparingly, backed by lots of good old analog reverb. I'm not completely enamored if his imitation of the sound of some of the great black blues singers, but that is washed away as soon as the electric guitar riff injects the song with a bit of intravenous amphetamine. Page again demonstrates why he is arguably one of the greatest riff-writers in all of rock history, and includes a bit of counterpoint to set it all into context.

There is only one thing wrong with this album. Zeppelin wound up in a court battle with Willie Dixon over whether or not "Whole Lotta Love" was too close for comfort to one of his own tunes. Instead of fighting a real blues player in court, the Zepp should have been more gracious about it and found a way to settle. Something a lot of people forget is that while white boys on both sides of the Atlantic Ocean were borrowing, imitating and outright stealing their American bluesmens' work, their idols and inspirations, those who made their brand of rock even possible had mostly been screwed financially by the music industry. It would have been a small thing for Zepp to part with a slice of their many millions and acknowledge outright that those who came before were worthy of recognition and recompense.

My new friend

Seems I've made a friend here in Florida already.:)

Frog flash


June 6, 2006

Fire in the legs


I've got these little bites all over my right leg. Well, not so little bites that are taking days to heal.

They're nasty.

They're from fire ants.

Welcome to Florida.

Startling as the vampire like holes in my leg were the over-sized flying cockroaches. Fat flitting roaches. How fucking unfair is that? Nature cursed us with roaches to begin with, then gave them wings that are certainly not vestigial and asks us to be kind to her? Fuck that. I'm giving up my green ways until She rethinks this monstrosity. There is also a sub-tropical variety that isn't repelled by light as most roaches are. Quite the opposite. In yet another slap to the human face, nature has decided that the relative safety bright light provides from these insidious home invaders no longer applies. In fact, this particular sub species is attracted to light.

Next time you hear that bump in the night and go to investigate with your thirty pound baseball Maglite, reconsider. Those noises you hear, the clumsy stumbling over the garbage can, a whispered curse, are not produced by a potential burglar. They are the genesis of a trap, designed to get you to open the door and turn on that overpowered flashlight, sealing your doom.

So fuck nature. Screw recycling. I'm sick of rinsing cans and sicker of the mess left at the bottom of the container when I fail to do it. Fire ants and dive bombing roaches the size of a golf ball. I'm gonna go out and fill my tank with Super Duper Unleaded Environment Murdering Gasoline, and see how She likes that. Fucking bitch.
I'll get you for those horror show bugs.

Well I'm off to the beach. Not a cloud in the sky, light breeze in off the Atlantic, temperatures slightly higher than I'd like, but pleasant nonetheless.


May 17, 2006

Gone Gamma

Flickr , the self-described coolest photo sharing site in all of creation has declared itself now in Gamma , status. This follows a period that saw many site functionality improvements, a Yahoo buy in, and an explosion of users. The developers have wisely kept themselves out of a numbers game in the face of the proliferation of photo sharing sites, some of a flavor distinctly different from Flickr, any others pathetic rip offs, devoid of useful features and any sign of community.

Not to say Flickr is perfect. One need only examine the rapidly lengthening threads in various forums to read of much dissent from the recent site changes. This happens every time the Flickrati decide to alter anything. I take it in stride - the entire project is still very much in development, and can do an amazing number and variation of things no other site centered around photography can do. I've found a place to extend my interest in photography, not only through uploading my own, but perusing the works of others by swinging my way through the endless vines attached to the infinite number of trees in the Flickr forest. It is possible to begin in one place and wind up many place otherwise not found except by choosing to peruse those photos "favorited" by a contact, or randomly entering phrases into the Tag search boxes and seeing what is returned.

I use a lot of the online offerings from Google , despite the cries of data mining and world information domination. Google is attempting to develop ever changing ways to deal with rapidly growing amounts and types of digital information (and analog too, if you consider the book projects), and most importantly, the relationships between bits of data indexed.

Beyond their stated mission, Google has wisely allowed individual employees and teams considerable leeway when it comes to project concepts, trial testing and sometimes, a public release. The latter often infuriates computer "experts" and avid participants of computer forums all across the Web. The complaint is that Google is basically releasing unfinished software and allowing the world to beta test it for them.

True.

This is compared by critics to Microsoft's sorry track record when it comes to developing and releasing newer versions of its' Windows Operating System. True, MS does usually release the latest Windows version knowing a billion bugs would pop up, other software would break and it would take the company months and even years to make major fixes in the form of Service Packs, which carry their own built in fuck ups.

I find the comparison between software written by a for profit company but released for free and not required in order for your computer to function to an entire operating system that is released as a finished product for a fat fee when it is clearly still quite broken absurd, and reeking of a particularly foul strand of sour grapes. Google responds over time to the millions of suggestions made about each of it's software offerings, improving and experimenting with new features, some of which don't stick if user feedback is overwhelmingly negative. The chronic state of "beta-ness" allows for this.

By contrast, Flickr offered limited free user account next to pair annual user accounts which offered considerably more storage and other features. Buying a pro account back then was a bit of a gamble - none of us had any clear idea if the site would still be around three months down the road or if our money and uploaded pictures would all be gone one morning. Flickr survived, was bought by Yahoo, and is still cool, a small miracle considering who bought it.


Not sure what the point of any of this ramble is except to say to those who obsess over every Gmail detail or an entire site re-rendering at Flickr - remain calm. A few days down the line and you'll have adjusted to the alterations, incorporated those you have use for into your routine and discarded those that prove personally worthless. In some cases, new features that totally suck will die a quiet death, and a very brief moment of reflection will have you wondering why you were so wound up in the first place. :)

May 4, 2006

More Dinosaurs


OK, so last time I was extolling the virtues of Jeff Beck as guitarist extraordinaire, and mentioned only in passing a contemporary who is also a favorite of mine,Jimmy Page. He haunted the same London music scene Beck and Clapton did, but honed his skills doing more studio work than either of the other two. He eventually joined the Yardbirds in their final incarnation, initially as bass player, then lead guitarist when Beck left the group. It was in the midst of attempting to form the New Yardbirds followed on that Led Zeppelin formed.

I've been listening to the Zep catalog recently, and doing so out of order to avoid babbling about the chronology of the band, blah blah blah. All of that is readily accessible all over the Web. I just wanted to delve back into the music in a manner that escapes the tiny Classic Rock Radio box the band has been stuffed in since the format was invented 20 years ago. For anyone who cares, it was known as Album Oriented Rock prior to the all-the-same shite radio we have across the nation, and the playlist was still very much in the hands of the individual DJs. Of course hot records got more play, but they had a lot of leeway, so tracks other than the "hits" got decent exposure, as did bands then defunct or not selling in large numbers. In those days you could still call up and make requests, and if a song were already playing, get the DJ himself on the line.

But no more. Classic Rock Radio killed all of that, which is why the only DJs who become semi-famous in any radio market are a small number of live club DJs, and those numbnuts idiots that have turned your morning and afternoon commute into a low brow, vulgar shout fest. Gag me with a wet T shirt.

I digress. Please excuse.

So I'm listening to the original Zepp records out of order, letting the music wash over me, move me, drive me, entertain me all while I reconsider it in the context of the 25 years that have passed since I bought my first record. Zeppelin did release singles like most bands, but did little to push individual songs, relying instead on the full body of the music to carry a particular album, then backing it up with epic tour marathons. Unlike many bands in the very end of the sixties and into the seventies, Led Zeppelin did not travel with an opening act. They were the entire show, and still sold staggering numbers of tickets, setting attendance records all across the US.

So each album is a thing unto itself. I started with Houses Of The Holy, whose cover always looked as though it had been photographed under a sodium lamp, all weird orange and purple, and whatnot. The opening track (Song Remains The Same) has an insistent, compelling riff that pushes you right into the rhythm of the song. Page was consumed by the possibilities of his guitar in a way unlike Hendrix, who was said to have been frustrated by the disconnect between the sounds in his head and those he could actually conjure from a guitar. Page wanted to create layers of guitar voices, each one different but complementary to the others. One voice might be popping out the rhythm that Bonham's drums would pick up while another would add in chords edging on discordance, and the whole thing would somehow fall into place when it was so utterly clear from the first few notes that it couldn't possibly work.

Several songs from Houses Of The Holy appear on "greatest" compilations and Classic Rock (Heretofore known as CR cause I'm a lazy bitch) and rightly so, but this time around I found myself really smiling and grooving to the closing, and simplest track of the record, The Ocean. The recording is stripped way down, the guitar is loud and clean, and the riff as perfect as most of Page's riffs are.

Next up was In Through The Out Door the final release from the band before drummer John Bonham died. His death was a shock to the band, its fans, and the music world generally. Zepp had released their first record in three years, played a huge festival show at Knebworth, and was in rehearsal for a US tour when Bonham died. I can recall even now, reading it on Page 3 of the Stars And Stripes newspaper while in Tokyo. The only word from the band was "we're done". Just started tenth grade at The American School in Japan which was proving a very difficult transition and music was all the refuge I had. In other words, I was fucked. The ground beneath my very feet had betrayed me several times that week in a series of medium strength of earthquakes, and now the mighty Zepp had fallen.

And in truth, I wasn't lovin' the final record. In Through The Out Door spawned three very popular radio hits, only one of which I could really stand at all - In The Evening, mostly because of the groaning, murky sludge that lays the foundation for the signature riff to follow. That record does have its moments, however, but to my ears the hits, while well crafted rock tunes, are not what stand out. Two tracks, "Carouselambra" and "I'm Gonna Crawl" appeal most to me following this "relistening" I've been doing. The first does rely on a somewhat cheesy synthesizer sound, but once it gets rolling it's gone, and you can tell the guitar was slung way low down over Pages' shoulder as he tears the chords out. The mix is really dark, but that adds to the appeal. The second track also has too much synth for my tastes, but it falls quickly into the background. It's basically a blues track without the raunch, but plenty of testifying by Plant. Stacked against the monster reputation of so many other Zepp tunes it isn't much, but it really does close out this album on a strong note.

That's it for tonight. Thought I'd do more, but listening to entire albums is not something I do often enough anymore. The popular music industry is in many ways coming full circle. In the fifties and sixties in particular, it thrived on singles. Good old 45RPM records with that one song everyone had to have and a flip side that may or may not have been any good. By the mid sixties record companies were combining those few hit singles with other tunes already recorded by a band an releasing it as an LP. To the execs it seemed a sure fire way to sell more vinyl - the hits were on these 12 inchers, the kids loved the hits, so they'd buy these to get all they could from their favorite bands. The execs were right.

A lot of other factors combined with this economic motive to turn LPs into organic musical beasts. Some of the bands making whole LPs were also still releasing singles, but many fans were bypassing the two song 45RPM for the whole 33 1/3 enchilada. Now, in the era of computers, downloads (legal and not), and televisions' ability to push a song the LP (now in the form of a CD) is falling by the wayside. Most bands still make them even if they are nothing more than an unrelated collection of songs, but those who buy the music are moving away from wanting the whole thing. Think of how many CDs or LPs you bought primarily to get one or two songs off it. If you rip your music to computer, it is likely those tunes that never interested you in the first place are not going to make it onto your hard drive. Illegal downloading of music often centers around a particular song from really popular acts.

In other words, the single is where it's at, all over again. I currently have 13,033 songs on my computer in six different formats. And I've yet to finish ripping my entire CD collection. I've left off songs from many of the CDs I've ripped. Since my computer has become my primary listening place (one of my stereo speakers was rendered unusable after a cat knocked it over and rode it down to safety as it crashed into the wall. Claws and woofer surrounds do not mix well) the way I deal with the music itself has changed. It's all just files now, so I can move them here and there, copy them, back them up, alter their formats, and play them in any order I want, or ferret them out using various parameters, or just load up a gigantic list in Winamp , hit "shuffle", and let it fly. Beats the fuck out of craptastic radio, and has the blessed benefit of "next" anytime what's playing is not moving me to the groove.

More dinosaur ruminations for you all next time around. I may even finish my half-ass Page tribute/analysis/baseless rant.


April 23, 2006

Fuck all that...

it's time to get on with this.

I originally started this spastic blog with politics, news, and my muted outrage in mind. Over time, I've discovered that while my rage is less muted my will to pore over the daily news and other pertinent articles, process them, then spew here has waned. The three people who might actually read this already know what is really happening, how fucked up our country has become, and don't need me to understand that. When I started writing three years ago, just as the war was getting underway I could have been part of the alleged "blogosphere" had I the persistence. I did not, so Andrew Sullivan gets to be on TV, not me. :)

Tonight I want to talk about Jeff Beck . I had occasion recently to see a live show of his taped in Tokyo in 1999. I had pretty much given up on anything from Beck since somewhere in the 1970's when he was making extraordinary music incorporating ground breaking guitar playing. The meld was far more than much of the musical masturbation that passes for guitar technique these days, but it seemed to me his best days were long behind him. Then I encounter this unreleased DVD of a one night show recorded in Tokyo, backed by musicians I have never even heard of.

And there's Jeff, same hair he's had for 30 years, wielding a white Stratocaster and no pick. I thought the only modern electric rock guitarist left to play without one was
Mark Knopfler . Nice to be wrong. The electric guitar is a difficult beast to tame and for rhythmic purposes, a pick can be a powerful tool. Beck plays brilliantly during this show, well in control of the music and his instrument, not skipping a beat or missing a note as tears through each piece. While his tone is certainly somewhat processed it is recognizably a Strat, and one in the hands of a master. From one phrase to the next it can go from singing to screaming but remain connected. Not all of the pieces played during the show appealed to me but I felt compelled to watch the entire thing just to see what he would do next, to hear the barely possible sounds come out of his guitar.

Beck was one of the "big three" English guitarists of the 1960's, alongside Eric Clapton and Jimmy Page. All three of them were in the Yardbirds at one time or another but took rather different paths afterward. Beck's was the most divergent. Whilst Page made the Gibson Les Paul famous and invented a hundred now famous and familiar riffs, and Clapton made it safe for white men to play the blues and be really good at it, Beck rapidly moved off into less popular territory. After a few albums with Rod Stewart (Truth and Beckola) as lead singer (what a wasted talent he wound up being) that included the wildest rendition of "Jailhouse Rock" ever recorded, Jeff Beck spun himself off into the nebulous realm where jazz and electric music meet. His forays were not as relentless as say, John McLaughlin, nor were they intended to be some sort of spiritual machinery, but instead were examinations of how the guitar can be stretched into new territory and still be recognizable as an instrument. Beck played on those albums from the mid seventies as if he could barely contain the instrument in his hands, as if it were going to careen out of control and literally explode.

Aw, fuck. What the hell do I know.

Beck never achieved the fame of Led Zeppelin nor the reverence that surrounds Eric Clapton these days. Page can't play a lot of his own stuff any longer, not with the precision and energy he once had, and Clapton, while likely more technically perfect than ever, is dull as dishwater in recent years. So it was refreshing to see that one of them can not only still play, but can do so with energy and joy, right on the edge of chaos while still coming off as precise.

Like I said, some of the compositions didn't really do it for me, but Beck was utterly in his element.

Get these two records if you have any interest in what I'm talking about.

Blow By Blow

Wired

Next time maybe I'll write about the many virtues of belly button fuzz.

December 3, 2005

Big Money

Wow.

The FBI busted a few people in West Virginia for buying votes - $2,000 worth! I feel better knowing our electoral system has been safeguarded against this sort of major voter fraud.

They allege Esposito gave $2,000 in government-supplied money to a resident who had offered to bribe voters on his behalf.

They also credit the undercover sting operation for last year's guilty pleas by the sheriff of Logan County and the police chief in the coal-mining city of Logan, who both admitted to election violations.

The chief judge of West Virginia's southern federal court district condoned the tactic Thursday in an election fraud case against Perry French Harvey Jr., the man who allegedly accepted the $2,000.

Judge David Faber rejected arguments from Harvey's lawyer that the government had acted improperly by putting up a sham candidate.
Of course, the FBI will no doubt be turning it's powerful crime fighting abilities to the massive voter fraud and campaign finance abuses taking place at the national level, right? I mean, they are the Federal Bureau of Investigation...

Full AP story.

November 25, 2005

Now playing on dust radio...


Chris Whitley has passed away. My world is a lesser place without him in it.

Read his obituary. Then go buy some good music, cause life is really fucking short.


September 8, 2005

To Sum Up

In better words than mine:

Let's give him the benefit of the doubt that he was being prevented from acting by bureaucracy and the sheer magnitude of the situation. Where are the stories of how he was in his office freaking the fuck out because there were tens of thousands of Americans trapped without food and water? Where's the story of how he ripped a strip off of somebody, demanding to know what the holy hell the holdup is getting water and food to those people?

Read all of it succinctly put, here:

http://www.thisisnotover.com/archives/2005/09/heres_what_gets.html

August 31, 2005

Wading through The Inevitable

Statistically, this had to happen. Now, levees are failing and the city of New Orleans is vanishing under the rising waters. It is difficult to get the mind around the sheer scale of the destruction. I've seen some less than thinking people compare this to September 11. September 11 was two buildings, and part of another. This is thousands and thousands of buildings, perhaps, when all is said and done, an entire major American city. Sure you can compare death tols, but it is absurd.

At any rate, I suppose such comparisons are a feeble attempt to put this into some sort of perspective.

I can't really get my mind around it.

One thing, amidst the sensational media coverage that comes to mind: Why so much focus on looting? People are dead, more will die, and many remain to be rescued. Businesses are insured, or ought to be. They can write off their entire inventories as a loss and be reimbursed. Cops are wasting their time chasing people stealing armfuls of Pampers, snack foods, and drinks. Why, oh why is anyone trying to stop them, and why is the media beating the drum of "widespread looting?" It's inane, and irrelevant.

August 20, 2005

The Politics Of Stupidity

I'm glad I don't have kids, who will enter a public school system being taken over by zealous, anti-science, anti-thinking religious barbarians, to be taught the bible in science class. In school boards and state legislatures across the country proponents of the redressed Creationist "philosophy" (now slickly termed Intelligent Design) are framing the debate as a need to teach the "controversy" surrounding the theory of evolution and natural selection. That controversy is wholly contrived by those who wish to teach it. Imagine for a moment that science classes started teaching that homosexuality is genetically driven behavior. These same nuts who want to subvert rational thinking would throw themselves beneath the wheels of school buses the world over.

Which proves my point...

Full article

August 11, 2005

Bone Dry

In April 2001 I wrote an article about the dwindling supply of water in the Great American Desert. The focus of the article was the city of Las Vegas, Nevada, a desert fantasy oasis of bright lights, limitless possibilities, and an abundance of water. Vegas is truly in the middle of the desert. Drive a few miles beyond the edges of it's sprawl and the air suddenly goes skin-wrinkling dry, no longer sprinkled with the water of a thousand fountains. Drive a few more miles and you come upon Hoover Dam, which stands astride the Colorado River.

The Colorado is the primary source of water for Las Vegas, and the city has now reached the limits of Nevada's allotment. Officials at the city and state level have known for years this day would come, and they have been preparing. All of the outdoor fountains in Las Vegas have been turned off, and the rest of the city is under strict rationing.

Just kidding.

Las Vegas, instead of generating and enforcing strict regulations on the use of precious water, has gone hunting for more to satisfy it's insatiable demand. It proposes to pump water out of the ground in Nevada and western Utah and transport it via pipeline more than 500 miles to Las Vegas. The local people living above that water, which nurtures their crops and keeps their patch of desert from completely blowing away, are protesting.

It will do no good. There is too much money at stake, too much political pressure being applied to stop this. The Bureau Of Land Management and US Geological Survey will likely confirm Vegas' contention that there is more than enough water for the city to suck 25,000 acre-feet (enough water to cover that acreage to a depth of one foot) per year out of the ground. And in a few years, when Vegas continues to expand and it's appetite for water grows sharper, it will reach out further, deeper, to slake it's thirst. Eventually, it will suck all the remaining water out of the western United States, dry up, wither and blow away.

And there will be no water left, not a drop.


August 2, 2005

Presidentus Ignoramus

If ignorance is bliss, we should all be the Shrub. From an interview with some Texas print reporters:

On Intelligent Design

Ron Hutcheson writes for Knight Ridder Newspapers: "President Bush waded into the debate over evolution and 'intelligent design' Monday, saying schools should teach both theories on the creation and complexity of life. . .

"Scientists concede that evolution doesn't answer every question about the creation of life, but most consider intelligent design an attempt to inject religion into science courses.

"Bush compared the current debate to earlier disputes over 'creationism,' a related view that adheres more closely to biblical explanations. As governor of Texas, Bush said students should be exposed to both creationism and evolution.

"On Monday the president said he favors the same approach for intelligent design 'so people can understand what the debate is about.' "

Hutcheson writes that Bush "didn't seem eager to talk about the topic."

Here, in fact, is the entire exchange, prompted by Hutcheson's question:

"Q I wanted to ask you about the -- what seems to be a growing debate over evolution versus intelligent design. What are your personal views on that, and do you think both should be taught in public schools?

"THE PRESIDENT: I think -- as I said, harking back to my days as my governor . . . Then, I said that, first of all, that decision should be made to local school districts, but I felt like both sides ought to be properly taught.

"Q Both sides should be properly taught?

"THE PRESIDENT: Yes, people -- so people can understand what the debate is about.

"Q So the answer accepts the validity of intelligent design as an alternative to evolution?

"THE PRESIDENT: I think that part of education is to expose people to different schools of thought, and I'm not suggesting -- you're asking me whether or not people ought to be exposed to different ideas, and the answer is yes."

July 28, 2005

Widget Me

Widgets are damn cool. Little desk top apps that do one or a few very narrow things, in a manner pleasing to the eye and convenient to use. Yahoo recently bought Pixoria, who created Konfabulator, the program that actually runs and controls these widgets.

I'm still giving it a whirl but I have to say it is pretty cool, works well, and with the acquisition, I expect the number, type and variation of available widgets to grow rapidly.

Test it out for yourself.

July 20, 2005

hot blue day


hot blue day
Originally uploaded by fallsroad.

It's turning into one of those really damn hot stretches here. 99 today, hotter than that tomorrow and on through the weekend. I know, it's worse elsewhere, but I'm *here*, aren't I?

Getting pumped

Well, not really.

I'm currently going off my feed of bad CableSpews programming, so I've been unable to work myself into a righteous lather about the Shrub's appointment to the Supreme Court.

*Snore*.

Another right wing, pro-business, anti-regulation lawyer - sounds like most of the administration and its lackey army. Perhaps the 99 degree heat here on the Southern Plains has me in a profound malaise, but I really don't care who this man is. I already know what I need to know of him - the finer points of his particular stripe of neo conservatism doesn't interest me.

I also don't care about the upcoming nomination "fight" because a fight it will not be. The alleged "party of opposition" relinquished it's remaining shred of dignity when it chose to compromise with the majority party over judicial nominees, all of whom were more objectionable than the current one. This means the dog and pony show will be short, full of hype, and end in a near unanimous vote in favor.

Like I said, I cannot care about this. Those fucks running the show are already quite capable of fucking all of us in our nether holes - one more shitbag can hardly foul the waters any further.


July 16, 2005

What's in a name?

Though I spent much of my first 20 years of life outside the US, my family always returned to the Washington, D.C. area. I grew up a football fan, specifically a fan of the Washington Redskins. The games at old RFK stadium were magical for a kid - totally sold out, raucous fans, marching band, players like giants smashing into one another, and the fight song, played and sung each time the home team managed to score.

"Hail To The Redskins", borrowing the tune from the Notre Dame fight song.

Indian themes are what this team's image was built on many decades ago, and it's logo is instantly recognizable. I had pennants and posters, trading cards and jerseys, all with that famous face, famous stylized letter R, and the name.

Time to change it.

A court case challenging the Washington trademarks stalled two years ago, but was revived yesterday on procedural grounds.

Redskins Name Can Be Challenged
Appeals Court Ruling Keeps Trademark Battle Alive

By Karlyn Barker
Washington Post Staff Writer
Saturday, July 16, 2005; B01

Native American groups won another chance yesterday to challenge trademarks covering the name and logo of the Washington Redskins, which the groups say disparage millions of people.

The football franchise had appeared to prevail in the longstanding trademark fight when a federal judge ruled in its favor nearly two years ago. But yesterday the U.S. Court of Appeals said the case deserves another look because one of the plaintiffs might have been unfairly denied the right to pursue it.

"This keeps the case alive," said John Dossett, general counsel for the National Congress of American Indians, which represents 250 tribes.

The dispute involves six trademarks owned by Pro-Football Inc., the corporate owner of the team. The oldest is "The Redskins," written in a stylized script in 1967. Other trademarks were registered in 1974, 1978 and 1990, including one for the word "Redskinettes." The Native Americans said the trademarks should be taken away because they insult them and hold them up to ridicule.

The appellate ruling hinged on the question of whether the Native Americans waited too long to file their challenge. U.S. District Judge Colleen Kollar-Kotelly ruled in October 2003 that the seven plaintiffs had no standing to complain because they did not formally object until 25 years had elapsed since the date of the first trademark.

But the appellate judges found that one plaintiff still could have standing because he was only 1 year old in 1967. They sent the case back to Kollar-Kotelly for review.

The outcome ultimately could affect millions of dollars in sales of Redskins paraphernalia. With a federal registration for trademarks, team owner Daniel M. Snyder holds exclusive rights to use the team name and logo on T-shirts, caps and other items, worth an estimated $5 million a year.


Teams want to have an image fans can understand and get enthusiastic about. It's a method of team identity, and a great tool for marketing. But there is no reason on earth that a team name, images, and theme need be denigrating to Native Americans. Try supplanting "Redskins" with "Jews" or "Micks" or "Spics" and so on. It just doesn't play.

I propose Washington change the name to Warriors, a more generic term for a fighting force, one that does not rely on specific racial typing and cannot possibly be offensive in the manner Redskins is now. The team symbol could be revamped into a fierce visage designed to strike fear into opposing teams, or at least sell jerseys and tickets. This isn't rocket science, and nothing says a team's name is set in stone.

Years ago Abe Pollen, owner of the then named Washington Bullets NBA franchise decided to change the team name. At the time the city was in the top ten for murder rates in the entire US. Pollen felt it was not appropriate for a basketball team to carry the name of a bit of metal designed to kill people. The team held a contest and the winning name was Wizards. Goofy, as is the new logo, but it's only a basketball team.

He set the right example. The Washington NFL team should follow it.


July 14, 2005

The wider lie

The wider lies the Bush administration crafted and repeated to take us into an illegal war are being buried beneath the "Rove scandal." I believe Rove did not commit an actual crime, but engaged in a very nasty sort of political smear campaign outing Valerie Plame.

Richard Cohen tells us why:

The truth about that truth was contained in a Post story about the leaks. It quoted "a senior administration official" who said that the outing of Plame was "meant purely and simply for revenge." It also said that two -- not one -- "top White House officials" had called "at least six Washington journalists and disclosed the identity and occupation of Wilson's wife." This response might be reprehensible, but it was routine for the town and, particularly, the vindictive Bush White House. What it was not, though, was a crime. The law prohibiting the outing of a CIA agent is so restrictive that it has been applied only once and does not seem to fit this case. I find it hard to believe that Rove or anyone at the White House specifically intended to blow the cover of a CIA agent. Rove is a political opportunist, not a traitor.

Washington loves farce the way Vienna loves the waltz. It once extravagantly inflated a sex act into the impeachment of a president, and it has now reduced the momentous debacle of the Iraq war into a question of what Rove or someone else said to a reporter on the phone. Soon, the question will turn on whether Rove or others actually cited Plame by name and whether the president's oath to fire anyone who identified Plame as a CIA operative applies to someone who just mentioned her job title. It will all depend on what "is" is or, to put it another way, whether Bush will concede that he inhaled.


In that second paragraph lies the nut of Rove's defense - he didn't specifically name names - and it will work.

July 6, 2005

no words need be spoken


no words need be spoken
Originally uploaded by fallsroad.

Good things are happening. Click on the photo and read all about it.

May 6, 2005

The Forces Of Ignorance

The forces of ignorance are poised to win a small, but crucial skirmish in the battle between reason and delusion. The Kansas Board of Education is holding hearings to alter textbooks in such a manner as to cast unfounded doubt on Darwin's theory of evolution and natural selection.

This is being pushed by members of the Christian right and proponents of Intelligent Design, a movement that sprang up when Creationism was seen for what it is, a matter of faith, not science. While heaps of evidence in support of evolution exists, there is none whatsoever to bolster this intelligent design "theory". Instead, science is being asked to prove a negative, that God does not in fact, exist. Evolution, while flying in the face of the strict chronologies interpreted from the bible, does not anywhere rule out the existence of God. Intelligent Design activists insist evolution could not account for the variance of species living and extinct, that a creator of some sort (but not Christian, oh no, not that)
must have been the genesis (no pun intended) of it all.

What this really means is that textbooks will be altered to satisfy a political agenda driven by narrow religious goals. The result will be the willful spread of ignorance.

In Kansas, Darwinism Goes on Trial Once More

TOPEKA, Kan., May 5 - Six years after Kansas ignited a national debate over the teaching of evolution, the state is poised to push through new science standards this summer requiring that Darwin's theory be challenged in the classroom.

In the first of three daylong hearings being referred to here as a direct descendant of the 1925 Scopes Monkey Trial in Tennessee, a parade of Ph.D.'s testified Thursday about the flaws they saw in mainstream science's explanation of the origins of life. It was one part biology lesson, one part political theater, and the biggest stage yet for the emerging movement known as intelligent design, which posits that life's complexity cannot be explained without a supernatural creator.

Darwin's defenders are refusing to testify at the hearings, which were called by the State Board of Education's conservative majority. But their lawyer forcefully cross-examined the other side's experts, pushing them to acknowledge that nothing in the current standards prevented discussion of challenges to evolution, and peppering them with queries both profound and personal.

"Do the standards state anywhere that science, evolution, is in any way in conflict with belief in God?" the lawyer, Pedro Irigonegaray, asked William S. Harris, a chemist who helped write the proposed changes.

When a later witness, Jonathan Wells, said he enjoyed being in the minority on such a controversial topic, Mr. Irigonegaray retorted, "More than being right?"

If the board adopts the new standards, as expected, in June, Kansas would join Ohio, which took a similar step in 2002, in mandating students be taught that there is controversy over evolution. Legislators in Alabama and Georgia have introduced bills this season to allow teachers to challenge Darwin in class, and the battle over evolution is simmering on the local level in 20 states.

While the proposed standards for Kansas do not specifically mention intelligent design - and many of its supporters prefer to avoid any discussion of it - critics contend they would open the door not just for those teachings, but to creationism, which holds to the Genesis account of God as the architect of the universe.

For Kansas, the debate is déjà vu: the last time the state standards were under review, in 1999, conservatives on the school board ignored their expert panel and deleted virtually any reference to evolution, only to be ousted in the next election.

But over the next few years anti-evolution forces regained the seats. And now, the board's 6-to-4 anti-evolution majority plans to embrace 20 suggestions promoted by advocates of intelligent design and are using this week's showcase to help persuade the public. "I was hoping these hearings would help me have some good hard evidence that I could repeat," Connie Morris, an anti-evolution board member, said in thanking one witness.

Sighing was Cheryl Shepherd-Adams, a physics teacher who took an unpaid day off from Hays High School to attend the hearings. "Kansas has been through this before," she said. "I'm really tired of going to conferences and being laughed at because I'm from Kansas."

The proposed changes to the state's science standards would edit everything from the introduction to notes advising teachers on specific benchmarks for individual grades. Perhaps the most significant shift would be in the very definition of science - instead of "seeking natural explanations for what we observe around us," the new standards would describe it as a "continuing investigation that uses observation, hypothesis testing, measurement, experimentation, logical argument and theory building to lead to more adequate explanations of natural phenomena."

Local school districts devise curriculums in Kansas, as in most other states, but the standards provide a template by outlining what will be covered on the statewide science tests, given every other year in grades 4, 7 and 10.

Even as they described their own questioning of evolution as triggered by religious conversion, the experts testifying Thursday avoided mention of a divine creator, instead painting their position as simply one of open-mindedness, arguing that Darwinism had become a dangerous dogma.

"There is no science without criticism," said Charles Thaxton, a chemist and co-author of the 1984 book "The Mystery of Life's Origin: Reassessing Current Theories."

"Any science that weathers the criticism and survives is a better theory for it," Mr. Thaxton said.

But the debate was as much about religion and politics as science and education, with Mr. Irigonegaray pressing witnesses to find mentions of the theories they were denouncing, like humanism and naturalism, in the standards, and asking whether they believed all scientists were atheists. He largely ignored their detailed briefings to ask each man if he believed Homo sapiens descended from pre-hominids (most said no) and how old he thought earth was (most agreed on 4.5 billion years.)

"These people are going to obfuscate about these definitions," complained Jack Krebs, vice president of the pro-evolution Kansas Citizens for Science, whose members filled many of the 180 auditorium seats not taken by journalists, who came from as far away as France. "They have created a straw man. They are trying to make science stand for atheism, so they can fight atheism."

Convened 80 years, to the day, after John Scopes was arrested for teaching Darwin's theory to his Dayton, Tenn., high school class, the hearings were cut back from six days when the evolutionists decided not to present witnesses.

Beaming from a laptop to a wide screen, the scientists showed textbook pictures of chicken, turtle and human embryos to try to undermine the notion that all species had a common ancestry. Diagrams of complex RNA molecules were offered as evidence of a designed universe. Dr. Harris displayed a brochure for his Intelligent Design Network, which is based in Kansas, depicting a legal scale with "design" and "evolution" on each side and the words "religion" and "naturalism" crossed out in favor of "Scientific Method."

"You can infer design just by examining something, without knowing anything about where it came from," Dr. Harris said, offering as an example "The Gods Must be Crazy," a film in which Africans marvel at a Coke bottle that turns up in the desert. "I don't know who did it, I don't know how it was done, I don't know why it was done, I don't have to know any of that to know that it was designed."

Across the street, where the evolutionists tried to entice reporters with sandwiches and snacks, Bob Bowden, an agricultural researcher at Kansas State University, denounced the hearings as a "kangaroo court."

"When the power shifted on that board, we knew on that day that we lost," said Dr. Bowden, who has children in the 7th and 12th grades. "It's bogus."

But Linda Holloway, a member of the 1999 state board that dumped evolution, said the mainstream scientists' failure to participate in the hearings signaled that "they're afraid to be cross-examined, they're afraid to defend their theory."

Erika Heikl, 16, one of 14 students from Bishop Seabury Academy, a Christian school in Lawrence, Kan., who attended the hearings, said she believed in evolution - and that the standards should be changed to include its detractors.

"Your views won't change just from being taught that," Erika said. "You'll understand it more."

April 24, 2005

Beat Them Back

From the New York Times comes and article about new rule changes concerning Medicare claims and patient's ability to request and gain a review.

Medicare Change Will Limit Access to Claim Hearing

By ROBERT PEAR

WASHINGTON, April 23 - A new federal policy will make it significantly more difficult for Medicare beneficiaries to obtain hearings in person before a judge when the government denies their claims for home care, nursing home services, prescription drugs and other treatments.

For years, hearings have been held at more than 140 Social Security offices around the country. In July, the Department of Health and Human Services will take over the responsibility, and department officials said all judges would then be located at just four sites - in Cleveland; Miami; Irvine, Calif.; and Arlington, Va.

Under the new policy, Medicare officials said, most hearings will be held with videoconference equipment or by telephone. A beneficiary who wants to appear in person before a judge must show that "special or extraordinary circumstances exist," the rules say.

But a beneficiary who insists on a face-to-face hearing will lose the right to receive a decision within 90 days, the deadline set by statute.

The policy change comes as Bush administration officials are predicting an increase in the volume of cases, with the creation of a Medicare drug benefit expected to generate large numbers of claims and appeals. But in a recent study, the Government Accountability Office, an investigative arm of Congress, questioned the heavy reliance on videoconferences, saying that "beneficiaries are often uncomfortable using videoconference facilities and prefer to have their cases heard face to face."

All beneficiaries are 65 or older or disabled. About 5 million of the 41 million beneficiaries are 85 or older, and some are so sick they die while pursuing appeals.

When claims are denied, beneficiaries and their health care providers can challenge the decisions in an appeals process that has several levels of review. Their best chance to win coverage comes when they appear before impartial, independent adjudicators known as administrative law judges.

Over the last five years, beneficiaries and providers prevailed in two-thirds of the 283,000 cases decided by these judges.

The Department of Health and Human Services defended its new policy, saying the use of videoconference equipment would enable judges to "complete more cases" within the 90-day deadline, because they would not have to spend time traveling to remote sites. In a summary of its plans, the department said it was "not economically or administratively feasible" to station judges around the country.

"Having fewer offices is more cost-effective in terms of management, technology and training," the department said in a letter answering questions from Congress.

Michael O. Leavitt, the secretary of health and human services, said, "Access to hearings for Medicare beneficiaries will be as good as or better than" what is now available. For some beneficiaries, he said, video hearings could be more convenient.

"Video teleconferences will allow hearings to be provided more timely, with vastly more access points than Social Security currently provides through its offices," Mr. Leavitt said.

But lawmakers, judges, consumer groups and lawyers for beneficiaries expressed concern.

Senator Charles E. Grassley, the Iowa Republican who is chairman of the Finance Committee, and Senator Max Baucus of Montana, the senior Democrat on the panel, said four hearing offices were not enough.

Mr. Grassley and Mr. Baucus were among the principal authors of the 2003 Medicare law. The law, they noted, says Medicare judges are to be distributed "throughout the United States."

Under the new arrangement, hearings for Medicare beneficiaries in New York, New Jersey and all of New England will normally be held by judges in Cleveland. Hearings for people in Iowa, Kansas, Missouri and Nebraska will be held by judges in Southern California.

Judith A. Stein, director of the Center for Medicare Advocacy, which has represented thousands of people in hearings since 1986, said: "The videoconferences are one of many changes that will reduce the beneficiaries' ability to get fair, favorable decisions. Sick, old and disabled people can be much more effective in person because the judge can see their illnesses and infirmities - how they walk, how they get up from a chair, how their hands shake with tremors."

Nancy M. Coleman, director of the Commission on Law and Aging, a policy and research arm of the American Bar Association, said, "It's a travesty, what's happening to the appeal rights of Medicare beneficiaries."

Videoconference equipment transmits a picture and sound so that a Medicare beneficiary, a judge and witnesses in different parts of the country can see and hear one another over secure networks. Signals will be encrypted to protect the privacy of medical information. The judge will have the file, but a beneficiary can send and receive additional documents using a fax machine.

Ronald G. Bernoski, president of the Association of Administrative Law Judges, said face-to-face hearings were valuable for judges and beneficiaries alike.

"Video teleconferences will undermine the judges' ability to assess the credibility and demeanor of witnesses," said Mr. Bernoski, a judge based in Milwaukee. "And it could reduce the beneficiaries' confidence in the proceedings. The intrinsic value of a Medicare hearing is that citizens have an opportunity to sit down in front of a high-ranking official and tell their story to someone who listens carefully and makes a reasoned decision."

One person who benefited from a Medicare hearing is Ethel L. Swarm, 76, of Bethel, Conn. She said she had excruciating pain in her left leg, was unable to walk and spent four days at Danbury Hospital. But Medicare refused to cover her stay, saying it was not medically necessary. Medicare also refused to pay for a subsequent 37-day stay in a nursing home.

After reviewing the medical evidence, administrative law judges ruled in favor of Mrs. Swarm. She won $7,437 for her hospital care and $9,250 for the nursing home stay, which helped her walk again.

The 2003 law shifted the responsibility for hearing Medicare appeals from Social Security to the Department of Health and Human Services, which is in the process of hiring 50 judges.

The government is still working out details and lining up sites with the necessary videoconference links. Nancy A. Thompson, director of the transition team at the department, refused to answer questions about the new hearing and appeal procedures or the logistical arrangements.

Ronald T. Osborn of Charlotte, N.C., who has been an administrative law judge since 1974 and has specialized in Medicare cases since 1996, said he had no interest in moving to the Department of Health and Human Services.

"Under the department's procedural rules," Mr. Osborn said, "judges will have less freedom to handle individual cases as they see fit."

Ms. Stein said that under the rules "it will be easier for Medicare officials to participate in hearings and to influence decisions, often to the detriment of beneficiaries."

Bill Hall, a spokesman for the department, said such concerns were unfounded because the judges would report to the health secretary, not the Medicare program chief.

Medicare and Social Security officials have long contended that some administrative law judges were improperly favoring beneficiaries. For their part, the judges have periodically complained that officials put pressure on them to approve fewer claims. In the early 1980's, the tension became so acute that the judges filed suit against the secretary of health and human services to preserve their independence.

Under the new rules, issued in March by the Centers for Medicare and Medicaid Services, administrative law judges must follow the Medicare law and regulations and must "give substantial deference" to manuals and guidelines issued by Medicare officials. In a particular case, a judge can decline to follow a Medicare policy but must explain why.

March 21, 2005

tigers under glass


tigers under glass
Originally uploaded by fallsroad.

on the lam from siegfried and roy, i found them lounging in the front display window of the local Salvation Army store. big place full of everyone else's stuff, an amazing array of castoffs and oddities.

these were the best thing they had going, and the only thing behind the glass tagged "Display Only."

i so wanted them for the living room.


March 15, 2005

More fiction

Another, more pointed look at the fake news story.

Remember those fake video news reports the Bush administration has been distributing to local television stations? Back in February, the Government Accountability Office warned federal agencies to stop pushing the phony news reports on the grounds that continuing to do so would amount to the distribution of domestic propaganda in violation of federal law.

That might have been the end of the matter, but the Bush administration has other ideas. Last week, budget director Josh Bolten and a Justice Department lawyer named Steven Bradbury issued their own opinion about the fake news stories. Their conclusion: The GAO is wrong, and the fake news reports are perfectly legal. Moreover, as the Washington Post reports today, Bolten and Bradbury said that legal advice for the executive branch is supposed to come not from the Government Accountability Office but from the Justice's Office of Legal Counsel.

That would be the same Office of Legal Counsel that issued a legal memorandum in August 2002 defining torture out of existence and opining that the president's commander-in-chief power gives him authority to defy federal law in the name of national security -- and the same Office of Legal Counsel that retracted that memo in December 2004, just in time for Alberto Gonzales' confirmation hearings.

Full story.

Fiction triumphs over reality

If there was any doubt remaining that the Shrubites create their own reality, put it to rest. Today administation officials announced they are disregarding a ruling by the GAO that the fake video news packages constructed by PR firms on behalf of Shrub and foisted on local news broadcasts as "news" are at best unethical.

Instead, the Shrubiies intend to continue with the practice, in which these pro-administration policy ads are aired without any disclosure about their origin or purpose.

Then at the mid-day briefing, Press Secretary Scott McClellan officially confirmed that the White House is blowing off the Government Accountability Office's finding that prepackaged administration video news releases constitute illegal covert propaganda.


See Dan Froomkin's story here.

March 14, 2005

keys to your kingdom


keys to your kingdom
Originally uploaded by fallsroad.

car keys.

the ultimate expression of personal freedom in America, the symbol of mobility, ability; an extension of the individual. with a car many things are possible - travel, shopping, hauling, visiting or just plain driving for the pleasure of it. we take cars for granted - if you don't have one you are somehow deficient - and we've largely forgotten how powerful they are.

my wife has a car, a modest vehicle that gets her where she needs to go - work, school, errands, visits with friends and family. it's utility is undeniable. there is a faux-sportiness about it, and the color - blackberry - is quite pleasing to the eye. i know that car backwards and forwards with only one minor detail - i haven't a clue what it is like to drive it.

i have what is termed these days a "seizure disorder", known more widely as "epilepsy", once known as "having fits". my brain does not function correctly, prone to electro-chemical misfiring that renders it chaotic, unusable, dysfunctional. during these neurological meltdowns i may fall to the ground and shake violently, sit in a chair and stare off into space, drooling, or wander panicked around the house sniffing the air for a scent that exists only in my inside-out mind.

the aftermath of these seizures covers a range. at the minimum i am exhausted and confused when i come to or am forced to wake up. my muscles will be sore, my head in the thrall of a serious pounder, speech heavily slurred, thought largely impossible. if i'm really lucky i'll still have the smell of burning wire or insulation in my nose, and the taste of hot metal in my mouth, both by-products of the seizures involving that nonexistent smell. a long period of sleep is required for me to function at even the most rudimentary level.

the permanent effects become more pronounced as the seizures continue. my short term memory is a mess, i'm very forgetful, and while speaking or writing i'll lose words, and i mean lose them so completely i'll have to find another way to speak/write my thought. i'm prone to sudden exhaustion, sleep poorly, and my temper has become short, too short, which is hard on rachel. coupled with my instant forgetfulness, i've started quite a few needless arguments based on the fruits of a faulty memory.

my first seizure occurred when i was 20 years old - not exactly rare, but not that common. as far as i know it was not the direct result of a brain injury, though my left frontal lobe does show two very small areas of scarring. it is not known whether or not this has any relation to the seizures, though the only one caught during eeg monitoring originated from that same lobe. i have been medicated on and off for the last twenty years with no real success. presently, i am at the end of the medication road, taking my current prescription as much to satisfy my neurologist (an excellent doctor - high praise from someone like me) as to control seizures. my longest period without seizures was eighteen months, during which time i was not taking any meds at all. the pace, variety, and severity of the seizures has increased over the years.

the treatments left to me are all invasive, requiring surgical testing to determine my fitness for the procedures themselves. "it's only brain surgery" my doctor cracks in his deadpan way. for the time being i'm unprepared to risk the possible loss of function, which varies wildly depending upon which parts of the brain must be removed. perhaps walking won't be possible, or speech, there may be memory loss, and so forth.

so for the indeterminate future i have to find a way to get along with a brain and body prepared to betray me without a seconds warning. i cannot leave the house by myself. fear of having seizures in public or finding myself appearing stupid because my memory has chosen an inopportune moment to abandon me keeps me at home. so does the sheer danger of walking around by myself and the potentially fatal possibilities of having a seizure while crossing the road or using the stairs, or any of a dozen other scenarios. rachel works and goes to school, so i'm pretty much on my own, essentially house bound.

the immobility may be somewhat alleviated in months to come. i am applying to an organization called Paws With A Cause, a non profit that raises and trains working dogs to aid the disabled and chronically ill. for epileptics there are seizure response dogs which can be trained to respond in a variety of ways depending upon the nature of the seizures the person experiences. this can include staying with me, trying to awaken me, bringing the phone so i can call for help, and monitoring me as i move about the house, or go outside. in the outside world the dog can help me get around, blocking me before i walk into objects, go down stairs, cross the street. once given a command (something i would not be able to do during a seizure) the dog would allow me to proceed. it would also be able to alert strangers to my status, and carry a cell phone pre-programmed with my wife's phone number as well as my meds.

the application process has only begun, and i don't know if i will be approved nor how long it will all take, but this could be my set of keys to the kingdom.

of course, even with the dog at my side, i still won't be able to drive. :)

March 11, 2005

Bread & Cake

In short, they are stealing bread from the mouths of the poor and stuffing cake into the maws of the wealthy.


Joe Conason has them dead to rights.

March 5, 2005

False complexities

Talking Points Memo has a succinct way of describing the Social Security debate:

But the terms of this debate are actually pretty straightforward. The president and his supporters want to get the government out of the Social Security business by ending guaranteed benefits. It's really as simple as that. Not complicated. They'll put in its place some system of private accounts where you can save money on your own. And if it works out, great. If it doesn't, it's your problem.

Social Security is about spreading out the risk and the security by having near-universal participation in one program. That's what it is. You pay in through the course of your working years and after you retire you receive your guaranteed benefit every month for the rest of your life. It is that issue of guarantee -- which, in its nature, only a program like Social Security can provide -- which the president and his supporters are trying to do away with, either all at once or in stages.


Full post.