Thursday, October 30, 2008

Well someone had to say it...


In law school we learn about a term: damnum absque injuria, which is essentially a fancy sounding way for a judge to say "sorry plaintiff...I can't help you here." The idea is that some damages do not correspond to legal wrongs in a civil (torts) sense, and thus no recovery can be had. An opposing principle is known as res ipsa loquitor, which is a fancy way for a judge to say "wow...someone MUST have been negligent if X happened." The idea is that in certain cases, 'the thing speaks for itself'. The classic example is a loose barrel rolling down a public street and striking an innocent pedestrian. Common sense would lead us to believe that barrels do not typically roll down streets and injure innocent bystanders, and thus someone must have negligently caused or allowed that particular barrel to roll down that particular street and hit that particular pedestrian. The pedestrian may be in no position to say who acted negligently to cause the barrel to injure them, or even if they have some idea who (the owner of the barrel factory up the street for example), they may have no way of knowing how they acted negligently, thus they would have no way of proving it.
Now to my main point. Well, someone had to say it... I would argue that our current financial crisis falls on the res ipsa side rather than the damnum side of the spectrum. It would be hard to imagine that the world financial system could become precariously balanced on the edge of complete disaster without someone lying, misleading, taking unauthorized risks, or otherwise acting in an illegal fashion. Which brings us to one of the core issues of the financial crisis: credit ratings. If all these CDSs and NINJA loans and MBSs were so risky, why in the world were they rated AAA+? Why would municipal investments and 'safe' mutual fund managers gorge on these new financial assets if they were risky? Well in a sense this is res ipsa loquitor. We can say with hindsight that the assets were actually VERY risky, and thus the AAA+ ratings were WRONG. So who is to blame? Well look who is up on the chopping block now...Moody's

Monday, October 27, 2008

Big U vs. Little e

The following is an e-mail that I sent my torts professor concerning our use of economic terminology in class:

Professor Olsen,

I had noted a few weeks ago issues with some of the economic terminology that gets thrown around in class. My specific issue is with the term ‘Utilitarian’ and it’s relation to concepts of ‘efficiency’. I have my degree in economics and it is one of my favorite subjects. One of the reasons that I enjoy it so much is because of its depth; no matter how many classes I take and different approaches I study, I always find myself learning new things. My last semester at Wash U I had a great professor for Urban Economics, and, even though it was an advanced class, I found myself re-learning the basic Microeconomic framework that I had learned when I was a freshmen. One of the things that stood out to me was my professor’s rigorous approach to basic economic terminology, which brings me to my issue here. There is a fundamental and important difference between a ‘Utilitarian’ concept of an optimal allocation of resources and an ‘Efficient’ allocation. I didn’t want to bring this up in class because it is not necessarily on point and I didn’t want to confuse people with jargon, but I do think that the distinction is important in regards to the issues and policy arguments that we make in class. Also I think that the distinction between U and E reflects many of the core distinctions in our Torts policy arguments and materials. Specifically, I take issue with the state of things as presented by Ames in the supplement excerpt that you gave us:

o Here as Ames says it in "Law and Morals" [22 Harvard Law Review 97, 110-113 (1908)]

· "The law is utilitarian. It exists for the realization of the reasonable needs of the community. If the interest of a individual runs counter to this chief object of the law, it must be sacrificed. That is why, in the cases just considered and others that will occur to you, the innocent suffer and the wicked go unpunished…”

I think that a bare statement that “the law is utilitarian” is pretty absurd when it is not justified, but instead passed off as a given to make a later point about legal injustices. One of the reasons I think the distinction between U and E is so important is because the two concepts are not value neutral. Also from an economic-defending standpoint I recognize that there are many scathing criticisms of ‘Utilitarianism’ out there, and I would be loathe to hear someone bash Economics because of a false sense that E and U are ‘all the same stuff’. Anyways I just wanted to share some of my notes on this distinction with you. I am interested to hear your thoughts/points on any potential implications of this distinction on issues of tort law. The notes I’ve compiled are:

Utilitarianism is the idea that the moral worth of an action is solely determined by its contribution to overall utility, that is, its contribution to happiness or pleasure as summed among all persons.

Pasted from <http://en.wikipedia.org/wiki/Utilitarianism>

o This is an important distinction that is being ignored in Torts when talking about utilitarian as well as efficiency arguments, which are referred to as 'utilitarian calculus'.

o Efficiency:

· A system can be called economically efficient if:

· No one can be made better off without making someone else worse off.

Pasted from <http://en.wikipedia.org/wiki/Economic_efficiency>

· Pareto Efficiency (most widely used sense of the term)

§ a movement from one allocation to another that can make at least one individual better off without making any other individual worse off is called a Pareto improvement. An allocation is Pareto efficient or Pareto optimal when no further Pareto improvements can be made.

Pasted from <http://en.wikipedia.org/wiki/Pareto_efficiency>

o This is a fundamental error of the Tort-law understanding of efficiency as I have seen it so far

· There is a fundamental difference between a utilitarian system and a pareto-efficient one, and it hinges on the issue of individual rights and freedoms. As the general definition of utilitarianism above outlines, a utilitarian solution will seek the greatest possible allocation for society as a whole, even to the detriment of individuals in that society. This means that if one person or corporation or group of people is, for example, strongly disliked or otherwise causing a majority of society to be unhappy, resentful, or otherwise 'worse off' then it is possible that eliminating particular rights or freedoms of said party would be optimal in a utilitarian sense. This scenario would seem perverse and offensive to a system that idealizes individual rights and freedoms.

· A pareto-efficient outcome, on the other hand, can not (by definition) violate such individual freedoms or property rights. An efficient system seeks the best possible allocation of resources given that no individual person should be deprived of what they legally have. It seeks to make everyone as well of as possible without making anyone less well off within an established system of laws and property rights.

· In such a system property rights would be established such that, individuals or companies that cause harm to others (through negligence, intentionality, or otherwise) would either be liable for such damages, and thus weigh the costs and benefits of protecting those others from harm (B

Hopefully this e-mail isn’t long, boring, and burdensome. Please let me know if my little rant makes any sense or if this seems like an unimportant distinction.

Sincerely,

--Alan Butler

Butler2011@lawnet.ucla.edu

Monday, October 20, 2008

The Departure of the Mayberry Machiavellis

In the last month so much has changed politically and financially. We now see daily references to the end of the Regan era, and the rise of the new Obamanation. McCain seems more desperate by the day, and has made many attempts to lash out at the 'media favoritism' that seems to portray his opponent as, well, the presumptive winner. Unfortunately for McCain the E-Day is quickly approaching, and it isn't all that unreasonable for newspapers and political blogs alike to speak their minds. If they all seem to gush over Obama and talk about the various ways that he is beating McCain on the campaign trail and in the debates then maybe that is because...Obama is beating McCain on the campaign trail and in the debates. I guess George Bush is sort of a 'celebrity' too. I mean, they made a movie about him already...
What I find interesting about the recent change in political tide is that praise for Obama is no longer limited to so-called 'liberal' media sources. This is not your average Daily Show audience cheering their obvious Presidential pick on. American's seem to be largely reacting to the economic turmoil that has reared its ugly head, but I'm willing to accept victory in whatever form it presents itself. I think that Frank Rich's recent NYTimes article, "He Just Can't Quit W," was really able to cut through the mayhem to one of the core issues that's been plaguing McCain's campaign since day 1: George W. Bush.
McCain may have had a nice soundbite during the final debate, but the polls tend to show that's about all he got. The idea that the old Obama standby is more than a superficial stab at McCain's credibility is something that I think most voters will not pick up on. For me, this was an implicit criticism of Hillary as well: the drive for Presidential authority. The expansion of power in the executive branch over the past 8 years has been appaling, and I believe that out of the three options as of January (McCain, Hillary, Obama), Obama was the only one that brought a chance of slowing down the power-grab. This country does not need more 'gut' decisions, and it does not need an overbearing executive branch to put it's foot down on congress and the electorate. I support open consideration and evaluation of ideas on their merits, and decisive but well considered decisions based on common sense as well as expert oversight. This is not how our country has been run for the past 8 years, so I have to hope for change on November 4th.
I am voting for the end of the reign of the Mayberry Machiavellies, as Rich put it.

Monday, September 29, 2008

Partisan Perceptions

I have a natural tendency to resist and distrust arguments that I feel are unsupported, uninformed, and motivated by some polarized ideology; we will be surrounded by these sorts of arguments in the weeks and months to come. The stock market crash today, and the failed bailout bill that fueled it will be remembered for a long time to come. While many hardworking people in Washington will no doubt work tirelessly over the next few days to find some common ground and a bipartisan agreement about what to do with our economy, others will recede into their respective corners and scream. The argument that no action is better than improper action is not a sound and logical one. I am not trying to say that I have decided once and for all the fate and state of the American economy as it exists today, and that I, the expert, have seen into the crystal ball and know what is in store for us if we simply filibuster our hearts out, but I will say that I can think of plenty of examples where some action (however misguided) is better than no action. No doubt we will all be masters of burning house analogies after a few more weeks of this financial crisis, but still I think they do have some value. What scares me is the deep menacing hatred that many Americans now brandish for the financial industry elites. Will the war on terror now be replaced by the war on Wall Street? Will we allow ourselves to again dig ourselves into a ditch that we cannot get out of, as it seems we have in Iraq, all because of hotheadedness?
I will admit that I am appalled at the excesses involved in the run up to our current financial crisis. However, I think there are few of us without financial blood on our hands. I don't like the image of a Wall Street Executive basking in the Carribean Sun under his golden parachute any more than you do, but I do believe that I should not allow that image to distract me from the task at hand. As Americans we are all now faced with the potential for one of the worst financial crises in recent history, and we need to separate that problem from our emotional reactions to the greed and lack of integrity that brought us here. If my local firefighter came by my house to ask for donations, and lit my house on fire as he walked away, I would be very angry. No doubt I would chastise him for the irony of his actions in regard to his duties as a fireman, and I would bring legal action against him and wish him ill especially if my family or property was significantly injured by the fire. However, before I go about retaliating I should probably put out the fire because...my house is burning down. Even if he runs away, never to return again, I would still want to put the fire out before chasing him down and exacting my revenge. And what if he has a change of heart and is willing to help me fight the fire before the truck gets there...should I tell him he's only allowed to help if I get to beat him with a bat while he's doing it?
This may seem obscure, but my point here is simple. I do not support a blank check for Paulson, but alsoi I do not suggest a congressional filibuster, or a demand for prohibitative executive paycuts, or any other stubborn stipulation that prevents a passing of some form of economic rescue package. I have tried to read extensively on this issue, and I don't believe anyone who understands the problem is suggesting that we have the option of "waiting it out" right now. I don't advocate scare tactics, and yet the potential for complete finaicial credit freeze scares the hell out of me. I have studied enough microeconomics to know that I have no clue what would happen if the credit blood of our finaicial system dried up, but that it would be much worse than the average American would like to believe. People need to stop framing this issue as an 'us against them' or a 'Wall Street vs Main Street' problem. This has become the financial and political test of our generation, and politicians and advisors alike need to act quickly and effectively to find a common solution. So for anyone out there obsessing over the sins of Wall Street...stop, just stop. This crisis is no longer contained to Wall Street, and we need to address it before it becomes a true crisis on main street.

Sunday, September 21, 2008

The Corner of Wall and Main

I apologize in advance if I ramble or am loose with language/logic here because this was written as a sort of 'midnight rant'.

This is certainly an interesting time to be an American with a basic understanding of math and psychology. Think of it this way...if you were an impoverished person, call him Freddie, trying to make your way in the vastness of suburbia, and you were out of work and out of luck, wouldn't you wake up every day and wish someone would cut you a break? Wouldn't you cling to every hope that you could pay the bills and keep a roof over your family's head for another month?
Now imagine that one day you went to a bank asking for some assistance, and they rolled out the red carpet, prepared the paperwork, and offered to lend you more money than you could even fathom with your house as collateral. It isn't surprising that most of us, placed in that situation, would sign on that dotted line before the ink even dried. I mean...a guy has to feed his kids right? Seems reasonable enough, and the bank must know what they are doing loaning you this money because it's what they do for a living...right?
So far it sounds to good to be true, which it is, but most people would judge this tale on its surface as a wretched and malicious banker preying on the needy and trying to lock them into some form of eternal wage-slavery. But now step out of those shoes and imagine that you are a mortgage broker.
There has been a lot of action and new growth in the industry in the last few years and it is all very exciting. Unlike in times immemorial, where banks would hold mortgages on houses themselves and directly manage them as income generating assets, your bank is now able to sell new mortgages up the line to investors and the golden gates of Wall Street. In fact, you can't seem to sell enough mortgages, and you keep looking for ways to increase your steady flow of new loans. You realize that your competitors are finding ways to get more mortgages than you and are stealing your investors away, so you decide to turn the knob a bit. You lower the minimum requirements for new loans, and you keep trying to come up with new ways to convince home owners to borrow. Unfortunately for you your competitors are doing the same thing. This race to the bottom continues until you find yourself issuing loans to your down-and-out friend Freddie, the one with no job and a family to feed. You can't really understand how you can manage to loan him money, let alone hundreds of thousands of dollars, when in the past you wouldn't have even given him a simple line of credit, but that doesn't really affect you much anymore because you sell his mortgage up the investor line as soon as the ink dries.
The loan you just gave to Freddie is a financial invention, something that never existed five or ten years ago. These loans are sometimes called NINJA Loans (or NINA loans, but that sounds way less hardcore) which stands for No Income No Job or Assets. Now if you are thinking that sounds like a stupid concept for a loan, you are right! In fact you never would have considered a contract for such a loan when you had to manage it yourself. Giving money to people who have no money to begin with and don't have any way to make more money seems like a bad business to be in. Lucky for you it isn't your problem anymore because you don't actually hold these loans, you sell them up the investment line (and those investors are way smarter than you anyway cuz they wear custom suits and drive around in BMWs and shit...sweet). Some days you could swear that the person signing the $300,000+ mortgage agreement was actually a hobo that you gave $2 for a bus ride last week, but you shake it off and cash your commission check.
Now imagine that you are a (formerly) high paid investment banker at some prestigious firm, oh let's say...Lehman Brothers, maybe Bear Sterns, and you work in these hot new markets: MBIs and CDOs, Mortgage Backed Securities and Collateralized Debt Obligations. Now you get to throw around fancy acronyms every day at work and it makes your fat paycheck seem justified (you feel like you're doing important work with all those charts and numbers and...stuff). Now you'll admit that you are pretty intelligent...you had to be to get where you are now, and you'd say you are good at your job. You sell investments, and these new ones that you are trading are the flavor of the month (or year(s)). These MBIs and CDOs are huge collections of loans given with homes as collateral (also known as mortgages). But these are not your typical personal mortgages, these loans have been collected, sorted, sliced, diced, and deep fried until they became financially unrecognizable. In fact, the only way you know how much these things are worth is because your computer has aggregated data on thousands of similar loans and combined the characteristics and credit ratings of all the slices into a complex set of graphs, data tables and predictions. You take the numbers in front of you and you use them to calulate expected values and arrange these products into investment portfolios which you then hold or sell to large financial istitutions like banks or hedge funds.
The problem is you want to buy as many of these MBSs and CDOs as you can get, because they are selling like hotcakes and you really want that bonus check next month so you can pay for that third garage on your 2nd house in the Hamptons (which you just paid for with a $2,000,000 dollar mortgage that is sorted, sliced, diced, and deep fried on some other investor's desk right now). Luckily because of the changes in regulation you no longer have to hold 1/15th of the value of all your investments in liquid cash...I mean why do you even NEEDS liquid cash anymore? Electronic transactions are so much faster and waaaay more ninja. So you get to invest twice as much money for each dollar in the vault, but you do understand that there is some (vague) risk involved, you did go to business school after all and I think there were some math classes at some point... you don't remember it all kind of faded away after you hit the beer bong. Anyways investments apparently all involve some level of risk, which your boss says is bad, so you decide to throw some money at that risk. You want the constant income stream of these packaged loans so you can give your investors a good return and get your wife those new implants, but you want to assure that your firm still gets the money even if some of the debtors don't make payments.
So what do you do? You do what every god fearing American does when they want to have their cake and eat it too, you buy insurance. But you need LOTS of insurance because you own these complex collateralized bundles of mortgages, so your firm makes billion dollar contracts with enormous insurance agencies like AIG. Now it starts to get hazy, maybe it's because you are drinking Single Barrel Wisky out of a crystal glass with ice made from dolphin tears, or maybe your still kind of messed up from that trip to Cabo last week, but it seems like AIG and the other companies that sell you insurance for these MBSs are gonna have the same problem as you do...hey don't want to have risk or liquidity. Lucky for them they can do what every god fearing American does when...oh dear we've heard this before haven't we?
Ok so every one sells everyone else insurance and this income stream paid for by the investments which are backed by the millions of loans that are sold to investors by millions of banks that hold millions of houses as collateral, seems safe enough right? I mean historically mortgages have been pretty solid investments, and even when someone happens to be a deadbeat and they default you can always sell the house and get your investment back...works like a charm! But wait...it seems like, historically, people that qualify for these NINJA loans would never have been given mortgages in the first place, or even credit cards for that matter, so why is it we think of the value and risk of these mortgages in historical terms? Well because those are the numbers that we have stored on our computers...and without value data it is waaaay to complex to collect and process all the real time data about these loans into a coherent system. Plus it's not our job to manage these mortgages, our investors just want their money to grow...numbers go up.
Problem now is Freddy has exhausted his new found resources. He bought some groceries, circled jobs in the wanted section, and drove around town trying to find a new way to bring home the bacon, but he came back empty handed. He's stuck in a house he can't afford with a dwindling savings account filled with the money that his banker friend lent him and the monthly payments are so high that he won't be able to buy food next month, so he stops making payments. Problem is Freddie isn't alone, his sister Fannie can't pay her for her new mortgage either, and all their cousins have been defaulting over the last few months. Now the bank has to go around and auction off their houses to recoup the initial investment capitol, which will then be distributed up the line until it is given to the investment holders (god knows what they will do with it since they hate liquid assets anyway...). But since all these houses are going into forclosure at once the market is beginning to sag, there are more people trying to sell houses then there are buyers, so prices begin to drop. This downward spiral continues as more people stop making payments on houses they can no longer afford as they realize that the house is so devalued that it isn't worth the monthly nut anymore. This cycle continues, and meanwhile the bank is stuck with 1000s of houses it can't seem to sell, and the investment holders start wondering where their monthly payments are. They see that their income stream is short so they call on their insurers to make up the difference.
This information has a ripple effect and now because of the panic these financial giants are all unsure about the value of their invetsments. These MBSs and CDOs were not labelled 'good' and 'bad' but some shade of grey inbetween. There is no good way to tell which ones are healthy and which ones are essentially worthless, so the credit rating agencies have to take the companies down a notch. Problem is, the lower your credit rating, the more liquid assets you have to hold for each dollar you invest. The companes can't fork over the dough, so they all begin to fall like dominoes...
And that kids is why for every dollar you earn in your life you will only see 25 cents (I will say to my grandchildren as our contry continues to pay off the debt that we buried ourselves under in order to prevent the fallout from these "financial weapons of mass destruction")

more on that later...

Friday, July 25, 2008

Why Not Wegmans?




Ok kids, let's have a quick talk about privatization. Here at the Chautauqua Institution (where I currently live and work) we have a common problem with retail availability. Chautauqua runs a 9 week summer enrichment program, and during those 9 weeks the town of Chautauqua gets an influx of nearly 200,000 visitors. These people come to learn, rest, listen, and enjoy the atmosphere, but they also require services. The visitors at Chautauqua want fine dining, groceries, supplies, and personal services like spa treatments, haircuts, and manicures, but they don't want to have to leave the grounds or drive. Chautauqua is a walking community, and most of the residents and visitors would like to be more green and less dependant on cars during their stay here. Still for the most part property owners and visitors alike have been unsatisfied with the retail services here for many years. They complain that the food is bad, the groceries and supplies are overpriced or under stocked, and the service is unsatisfactory. This is a classic problem for economists, city planners, and businessmen alike: How to provide the desired services at appropriate prices in a unique and strangely structured community.


In order to fully understand the issue it is important to consider the difficulties that community leaders, local administrators, and business owners face in a situation like this, and to look for some classic remedies. During the past 5 years there have been 8 different food service locations operating on the grounds at different times, of these 8 locations 5 have been owned or operated by Chautauqua Institution at some point, and only 2 of the 3 that have not been directly associated with the institution are still operating. This is an important thing to notice when prices are high and service is poor.

As an economist my first impulse is to wonder why the Chautauqua Institution, a non-profit organization dedicated to academic, political, and religious discourse and the promotion of the arts, would try to get into the food service business. A quick answer is probably necessity. An organization in charge of providing residents and visitors with a desirable and functional community may not feel comfortable negotiating with outside vendors, and thus feels compelled to provide services themselves that they see as necessary. This is a critical (but sometimes unavoidable) mistake. Some curious parties might be skeptical about why Chautauqua Institution could do such a bad job at providing food service (assuming customers believe that they do a bad job...which they do). They might say "Chautauqua seems like a well run and intelligently operated organization, they should be able to figure out how to serve me a decent hamburger or a Filet Mignon right?" Wrong. The question you should be asking is "How could we possibly expect a non profit institution responsible for music, arts, religion, and knowledge to know how to run a restaurant?" These business models are completely different and unrelated. Planning lectures and concerts and enrichment classes has nothing to do with refrigeration, kitchen operations, deep fryers, menu layout or the satisfaction of customers tastes (literal, not preferences).

This is not an accusation of stupidity or an outline of some diabolical plot to provide low quality food at high prices, it is simply an assertion of fact and the presentation of an explanatory theory. I have seen similar problems in other places, most notably the on campus grocery store at my college, where I saw prices that were double what I would pay at the regular grocery store down the street and an apparent inability to stock more of popular items and less of worthless ones. This is an issue of improper ownership and business models. My suggestion in this case is similar to my suggestion in most cases: leave it to the pros. So back to the title...If Chautauquans want to buy high quality groceries on the grounds then Why Not Wegmans? If they want great food and service, then the Chautauqua Institution needs to approach a local restaurateur and offer them an enticing lease or rental package on some valuable retail space. The fact that this sort of deal has not already happened means that there are organizational problems including but not limited to: resource management (accounting and budgeting), negotiations, and real estate pricing (this is an essential issue when dealing with vendors...what is a reasonable rent to charge?). These problems need to be addressed, and hopefully they can be once the goals have been properly defined and a plan has been made.

Comments?
Ideas?
Insights?
Arguments?
...

Monday, July 21, 2008

Enter The Darkness


I had the great pleasure last Friday of attending an opening-night showing of The Dark Knight. I arrived early enough to get a great center seat and prepared myself for total cinematic immersion. I had very high expectations for this movie, which is rare. Usually I try to come into new movies with an open mind, willing to be merely entertained and pleasantly surprised if I get anything more, but I will be honest, I had psyched this movie up so much that I was worried it would be easily outdone by my expectations. This was not the case. What followed was 2 and 1/2 hours of some of the most engrossing and compelling cinema that I have ever seen. Every thrilling leap, explosion, and gunshot penetrated my spectators armor and found my emotional core. This became even more apparent to me after the credits had rolled and I found myself literally physically exhausted. The first adjective that came to my mind to describe the movie was: Heavy.
I don't mean heavy in an aging hipster sense or indicating some profundity of deep meaning, though both of those things were true, but heavy in a very physical sense. I felt as if the weight of the film had been pressing down on my shoulders for 2 and 1/2 hours, but, like any good workout, I felt stronger and better for the effort. The film rises to a number of exhilarating climaxes, and seems to stretch on without demanding an early conclusion. The weight comes, in part, from the darkness and disorder that spreads over Gotham and seems to touch every character and audience member. Christian Bale seems stoic in the face of such madness and destruction, and his strength as the caped crusader inspires the audience to try to share the emotional burden with him. At the same time Heath Ledger revels completely in the madness, as any true supervillan must, and is completely buried in the character. And the cast certainly does not end there, we get phenomenal performances from Aaron Eckhart, Morgan Freeman, Gary Oldman, and Michael Caine.
In fact, my only regret about the movie is its biggest strength: it is DENSE. I could see this movie three more times (and I probably will) and I would still not fully appreciate the quality of acting, cinematic action, storyline, and production that came together to make this masterpiece. The supporting actors performances are a perfect example of this. One of my favorite parts of the movie is Gary Oldman's closing monologue, and yet how can you keep track of every powerful moment with the exquisite visual effects and Heath Ledgers unbelievable portrayal of The Joker?
In short my advice to anyone who is reading this post and enjoys movies is simple: SEE THIS MOVIE. If you go to it and you don't like it for some reason, or even if you just have something to add please comment because I am interested to discuss it.

Thursday, July 17, 2008

Fun with my new toys



Ok so I'll admit, I am a huge (gross?) nerd, but even the jockiest or non-conformistist (yeah that's right...it's a word) of anti-hipsters would get a little tingly in the fingers with a shiny new laptop and iPhone in their shoulderbag. I have decided to display the mighty computing powers of these two devices by making them take pictures of each other...scandalous I know.

Enjoy...

Friday, July 11, 2008

iPhone Day...let the fiasco begin



Gather round children and I will tell you a tale...all about two giant retailers who have joined hands to ruin the days of a few million people.

I was gently roused from a pleasant dream at 7 am this morning by an alarm on my old phone (Samsung Blackjack). This alarm signified the much anticipated event of the day...the release of Apples iPhone 3G. So I tumbled out of bed and into the shower, getting out of the house by 7:30 and on the road. My plan was to make it to the AT&T store shortly before 8 am, get in line, purchase an iPhone, and be back at work at 9 am filled with glee. Unfortunately the powers that be (in this case AT&T and Apple) had not planned sufficiently to make this a possibility. My morning has gone as follows:

7:55 am - Arrived at AT&T Store in Jamestown, NY

8:10 am - Doors open and the first customers are allowed in (they can handle 5 at a time).

8:30 am - Still waiting on those first 5 customers...how long does it take to buy a phone???

8:45 am - The AT&T Rep outside brings us water bottles...fails to quench our eternal thirst for new iPhone

9:00 am - So far 3 customers have successfully purchased iPhones, and the rest of us are starting to get impatient

9:10 am - Hoorah! I am finally allowed to enter the store. I assume that my transaction will take less time because I am not porting from Verizon, or drawing a blank on my account number, or curious about rate plans or contract specifics...let the buying begin

9:25 am - After 20 minutes of fuddling around I am somewhat closer to owning an iPhone
The AT&T rep who is assisting me has to ask her manager every time she presses a button because she is afraid that her system will get locked up like most of the other computers in the store. The manager and one of the cashiers are both on a conference call with support trying to figure out why their computers are locking up. It is amazing how easy it is to shut down a fairly well organized sales operation with a few server glitches...

9:30 am - I am sent home with a 'Bricked' iPhone, which has been activated by AT&T but not by Apple yet, which is mostly useless. It seems that the Apple servers have crashed or locked up as millions of customers, new and old, attempt to 'unbrick' their 2.0 firmware.

10:00 am - I arrive at work an hour late and severly frustrated that I have almost nothing to show for it (read: $400 PAPERWEIGHT)

11:30 am - After trying repeatedly to activate my iPhone using two different versions of iTunes I break down and try to call customer support...Apple Support transfers me to AT&T Support where I speak to a real customer service rep and she politely informs me that everyone is having the same problem and that I should "Wait an hour or so"...

1:20 pm - I sit here logging the events of my unsuccessful morning and staring at my (new) unusable iPhone...hopefully this server thing gets worked out soon.

The worst part about this whole fiasco is that not only do many of the customers who waited in line for minutes, hours, days(?) for these new iPhones get sent home with an expensive paperweight, but current iPhone users who attempted to update their firmware this morning are experiencing the same problems. This means that someone who had a working iPhone last night that tried to update it this morning now has no access to their phone, contacts, music, e-mail, wifi web browsing, etc. This is a really dispicable situation and I would have expected more preperation from Apple. I know that demand for these things is huge, but they have to be prepared for that if they are going to ship millions of them all across the world all on the same day. Can I get a hallelujah?

4:00 -- Home from work and I am up and running!!!
non-blurry phonecam pictures to follow...

Saturday, July 5, 2008

Another day...another opinion



Ok, so I know that I probably sound like a broken record right now, but whatever whatever will I do about a laptop for Law School! I have finally narrowed the choices down to 2:



Apple Macbook
(Black)
$1599 - After rebate includes 8 GB iPod Nano
  • 2.4 ghz Intel Core 2 Duo (Penryn)
  • Intel GMA X3100 integrated graphics card
  • 13.3" Glossy TFT (1280x800)
  • Supports external monitor up to 1920x1200
  • Built-in iSight Camera
  • 250 GB SATA Hard Drive (5400 rpm)
  • 2GB 667 DDR2 SDRAM - 2x1GB
  • Superdrive 8x (DVD±R DL/DVD±RW/CD-RW)
  • Wireless 802.11n - Integrated Network Card 10/100
  • Built in Bluetooth 2.0 EDR
  • Mac OSX - Lepoard
  • Applecare Protection Plan 3 yr
  • Weight - 5.0 Pounds

Pros:
Mac OSX - simplicity
Style - women love guys with a Mac...
Apple customer service
Dual boot capability with VMware
Battery life

Cons:
Potential smug alert - can we say Cupertino?
Mac compatibility issues - law school exams must be taken on Windows
In general, overpriced for what you get


Dell XPS M1330
(Product RED)

$1554.58 - (on sale until July 9) does not come with free iPod :-(
  • 2.4 ghz Intel Core 2 Duo (Penryn)
  • Intel GMA X3100 integrated graphics card
  • 13.3" Slim and Light LED Display (1280x800)
  • Build in VGA webcam
  • 320 GB SATA Hard Drive (5400 rpm)
  • 3 GB Shared Dual Channel DDR2 SDRAM at 667MHz
  • 6 cell battery
  • CD/DVD Burner
  • Intel Next-gen Wireless N Mini Card - Integrated Network Card 10/100
  • Built in Bluetooth 2.0 EDR
  • Fingerprint reader
  • Windows Vista Home Premium SP1 *hiss*
  • Dell 3 yr warranty with **Accidental Damage Protection
  • Weight 3.97 Pounds
Pros:
Better stats: RAM, Hard Drive, LED Display
Dell Accidental Damage protection
Windows compatibility
Ability to use hacked OSX without having to pay for a Macbook
Very lightweight!

Cons:
Windows Vista (boooo)



Wednesday, July 2, 2008

New computers -- Phase 1

As I gradually approach my first days of law school I am still deciding what new computer(s) I will buy to replace my dell from college. A few months ago I came up with the idea of buying a more portable laptop along with a desktop for my apartment, rather than try to pack all the power I can into a burdensome (brick!) laptop. I am still leaning towards a Macbook (but no longer considering a Macbook Pro) because of the style, the OS, the price and the general appeal of Apple products right now.
I am happy to say that I have officially made (part of) my new computer decision. As of yesterday I am the proud owner of a slim Dell Inspiron 530s. I am pretty excited to see how this thing compares to my brother's Mac Mini. It is a slim tower with some pretty impressive hardware in it, and it cost me less than $450! With this little box I will be able to browse the web and watch online videos on either my flatscreen monitor or my projector! This means that if I have netflix on demand movies or want to watch an episode of Lost, South Park, or The Daily Show online I can use my projector and it will seem like I am watching regular cable (without the hassle of long commercial breaks or DVR programming!).

Pictures and updates to follow...

Monday, June 30, 2008

Fashon sense for the elderly


My summer job here at the Chautauqua Institution involves setting up various classrooms and fixing issues with TVs, Overhead Projectors, Slide Projectors, etc. I work with an older man a few days a week, and for the most part we work together in the same way that I would work with someone my own age. However, the other day I looked down at his shoes, and our age difference became apparent. He was wearing what I would consider the classic "old man shoes" (no offense intended if my readers are worried that they may fall into this category). These shoes were (once) white, generally unappealing, and dusted lightly with mud. They looked like they came out of the bargain bin at a payless shoes...but I digress. What really interested me when I noticed his shoes was that they prominently featured the Nike Swoosh. The immediate question that came to my mind was why would Nike make these shoes? and also having decided to make these ugly shoes, why would they stamp a huge Nike logo on them? I wonder if Nike has a marketing team that is charged with providing shoes to bargain bin shoppers and others who would like to make it clear to the world that they don't care how dirty their shoes are, they want you to slow down when you are riding your bike! And stop playing that blasted rap music so loud.

I can just imagine the ad campaign...

Saturday, June 28, 2008

Relations to 'Home' : the urge to travel

The following is an excerpt from Sir Richard Burton's translation of the Tales From A Thousand and One Nights (which I am currently reading). comments to follow...

"Travel! and thou shalt find new friends for old ones left behind;
Toil! for the sweets of human life by toil and moil are found:
The stay-at-home no honour wins nor aught attains but want;
So leave thy place of birth and wander all the world around!
I've seen, and very oft I've seen, how standing water stinks,
And only flowing sweetens it and trotting makes it sound:
And were the moon for ever full and ne'er to wax or wane,
Man would not strain his watchful eyes to see its gladsome round;
Except the lion leave his lair he ne'er would fell his game;
Except the arrow leave the bow ne'er had it reached its bound:
Gold-dust is dust the while it lies untravelled in the mine,
And aloes-wood mere fuel is upon its native ground:
And gold shall win his highest worth when from his goal ungoal'd;
And aloes sent to foreign parts grows costlier than gold.


Impressions of concerts for different generations

I just realized how different age-significant aspects of culture can be from generation to generation. I am referring specifically to music at the moment, but I believe the idea could apply equally to other cultural expressions. I realized tonight at a concert (Switchfoot) at Chautauqua Institution that I would consider fairly entertaining (if a bit generic) and very tame alt-rock, and yet I realize that what I consider a 'clean, soft alt-rock' performance will be seen by those on the other side of a cultural-age barrier a 'Rock Concert' (in a bad way).

This concert is most likely very difficult for an older audience to enjoy not only because of different musical tastes but because of the attitudes and actions of the audience and the band. The atmosphere of the show is effected by interactions between the audience, the band, and the venue.

...more to follow on Chautauqua as a venue (past and future)...

Thursday, June 26, 2008

Decisions, decisions, decisions

To Mac or not to Mac, that is the question...

My trusty Dell Inspiron 8600 has lasted me through 4 years of college (with a few minor injuries) and overall I have been happy with it. I have worked with both PCs and Macs over the years and I have tended to prefer owning PCs in the past because of software compatibility. However, it seems that those sorts of worries are becoming a thing of the past and more and more I recognize the value of the OS X operating system and Mac hardware (especially when compared to Vista!). As it comes time to leave my old (trusty) laptop behind and make an electronic fresh start in law school I am more than tempted to invest my hard earned graduation-gift dollars in a Macbook Pro. I would have to install a copy of Windows XP on it using either parallels or vmware because the test taking software at UCLA law requires Windows, but I would enjoy the flexibility of having two OSs available. Still I pause at the price point. The Macbook Pro is equivalent to a mid-high end Dell or Lenovo in terms of hardware and performance but they are SO much more expensive!! For the $2500 that I would spend on a Macbook Pro with Applecare (absolutely necissary for an Apple product...) I could buy one of these fancy new Dell Studio notebooks completely maxed out with a Blue-Ray player and 256 MB ATI graphics card. I mean really Apple? Really? I guess it is easy to overcharge when everyone seems to accept the Macbook as a superior product but really? REALLY???

That is all for now...decision pending

Wednesday, June 25, 2008

Whats up!? This is my first mobile post!

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Poetry Portfolio Spring 2008 - 2




This picture is worth two words, Andy

Alan Butler

You stole this photo from a girlfriend.


Mr Warhol the crook

soaked it like acid tabs

and dripped that down your throat

had a damn good night too

shut up, sit down

Mr Nixon, purple mouth

give in, voted down

tie arrow, blue lies


blue enema and fellacic scratching

you widened his mouth, sexual

bits of orange and red,

pencil marks?

Why not a fake mustache?

Is this what your generation paid for

Campbell’s soup, clan accusations

a new, bright hairdue?


I might expect more from you

as a child

iconic American visionary

but you expected more from us

we didn’t

vote down, stop hate

free love, no war

we didn’t hear the colors of your scream

bad-acid-dream red

you must have had quite a headache after that night

A-Whar, seriously.

Poetry Portfolio Spring 2008 - 1

The year of everysummer

Alan Butler

I coast down,

air ripping past my lips

arms at my sides.

I always follow a particular path

around the Amp, next to the Athenaeum

off the asphalt and over that stone grate.

It sends me into the clear air

further each time, breaching the skyline

another hundred feet

and I would be in the lake.


This was the first summer

that I fell in love

A crush, shared

that special kind of not-love

teenagers always seem to find.

She was mine, I thought,

for at least a few hours

in the back of the concert

fingers intertwined like writhing snakes.

Then it was over.


It seems like that was every summer,

the one when I was fourteen

that’s where all my memories come from.

I can’t place my most nostalgic moments:

my best friends, my first kiss, seeing the Village People

anywhere else. Even the bad parts:

heartbreak, outrage, a bike thrown into the lake.


I return to that place, physically

and remember those days

with scattered accuracy.

I am tied to it spiritually

and in a way I will always be

gliding along smoothly

hands on the not-handlebars

hearing my heart whistling.

It Begins!

Hello World...this is my first entry!

I will hopefully be updating this site at least once a week with new thoughts and questions. I will try to post my various writings (research, poetry, etc) as they are completed.

Currently on my book list: Arabian Nights, Shadow of the Giant.