Too pretty to fly

These two 18-year olds claim that Southwest discriminated against them because they're "too pretty." Southwest has already been guilty once of wrongful conduct. And one only needs to fly Southwest to know that it hires no pretty, young flight attendants.

There's a clear gap in the antidiscrimination statutes--that there's no liability for discrimination against the young and the beautiful.

I'm sure that Southwes's decision had nothing to do with the girls' conduct which, according to the story, makes them seem snotty, with a sense of entitlement. That couldn't be it at all.

What's in a name?

What's in a name? When it comes to the names of people, plenty.

After the 9/11 attacks, hundreds of new parents in the Mideast named their babies "Osama" in some perverse, demented tribute to bin Laden. After Hurricane Katrina, the popularity of Katrina plummeted. We once fostered a little girl named "Passion" which always evoked interesting reactions.

So when Bill Cunningham, in warming up the crowd prior to John McCain's appearance in Cincinnati, repeatedly referred to "Barack Hussein Obama", (as reported here) it is either naive or disingenuous to suggest, as some have, that Cunningham was simply using Obamas complete name. We know what he meant, in his anything-but-subtle way.

To McCain's credit, he was unaware of Cunningham's statements before he took the stage, and when he learned of them, he immediately and repeatedly apologized to Obama.

Cunningham's conduct demeans the political process, but may be a taste of things to come. Maybe it's better to get this kind of stuff out of the way now so that if Obama is the Democratic nominee, it has lost any sting it may have.

Either way, it's been only little more than a month since the country celebrated Martin Luther King's birthday, and we were reminded repeatedly of King's dream that one day his children would be judged by the content of their character, rather than the color of their skin. Maybe Dr. King's statement should be modified to add name as another irrelevant consideration.

Oops, I did it again

Once again, I attended a Baylor-Purdue athletic contest--the baseball game this weekend. And once again, BoilerHusband and I were clad in our Boiler-wear. What a fun way to spend Saturday afternoon. The weather was perfect. The kids enjoyed sitting out on the grass, where they were free to roll down the big hill or run around. There were lots of hits--in the game that is. The only thing that could have improved the afternoon would have been Purdue winning. Unfortunately for us Boiler-people, the Bears swept Purdue in the three-game series.

The last time a Purdue team came to town, BoilerHusband and I went out to support the Lady Boilers, who won a preseason basketball team tournament, beating the Lady Bears. I still occasionally get grief about sitting in the Baylor section, cheering for my alma mater.

So I don't get to gloat this time. It's alright. Wait til next time. Go Boilers!

I hate when this happens

Nothing is worse than having a good idea, implementing it, watching it take hold, and then having that idea stolen. And so it goes with the Naked Cowboy, who can be found in New York City. All those years of walking around Times Square. On the one occasion I saw him, it was cold outside--it was November! Neither Rain, nor Sleet, nor gloom of night--oh, that's the mailman. Either way, a little weather doesn't seem to faze the Naked Cowboy.

Now comes M&M/Mars, dressing an M&M as a naked cowboy. Stealing a man's underwear--how could they. Either way, as reported here, the Naked Cowboy, aka Robert Burck, has filed a trademark infringement in federal court. Not the typical IP case.

And the answer is . . .

Of course, the answer is Stand by Me. Good job Operalawguy!

I love that movie. It has many great lines, including one that always cracks me up, "Did your mother have any children that lived?"

And now, the family law trivia. Stand by Me has a soundtrack straight from the late 1950s, including the song, Come Softly to Me, by the Fleetwoods. The male vocalist and co-writer of the song was Fleetwood member Gary Troxel. Troxel is petitioner in the case Troxel v. Granville, a case that went to the Supreme Court on the issue of a grandparent's right to have court-ordered visitation with a grandchild. Troxel is assigned for Family Law students later this week.

Law trivia to impress your friends and family!

Famous first and last lines--Name that movie

Can you name the movie that starts with this line:

" I was 12 going on 13 the first time I saw a dead human being. It happened in the summer of 1959 - a long time ago, but only if you measure in terms of years."

And another hint--the last line:

"I never had any friends later on like the ones I had when I was twelve. Jesus, does anyone? "

You're welcome to put your answer in the comments or to keep it to yourself. Either way, I'll post the answer tomorrow evening, along with a bit of Family Law trivia to start the new quarter off right.

Race

Is there any doubt that African Americans can compete with whites on the basketball court?

It seems odd to think that just a generation ago there were those who seriously believed that whites were naturally superior in basketball, chief among them, Adolph Rupp. The movie Glory Road was a good reminder. The show that we watched today on ESPN evidenced even more clearly the racial divide in sports that existed in 1966 when Texas Western started five black players in the NCAA championship game and ultimately beat Rupp's Kentucky team. I was just a child at the time, and had no idea of the significance of that game.

Now, only the most ignorant would suggest that race is determinative in any way of the likely success of a particular athlete.

Yet, we're still caught in making judgements about people based on their race. That's becoming clear in the Democratic primaries and caucuses. Some blacks will choose Obama simply because he is black; others will not consider him because he is black.

I don't yet know for whom I'll vote in the primary. What I do know is that Obama will not get my vote simply because he is black--nor does he want it for that reason. Rather, I believe that Clinton or Obama are both accomplished and both are capable of leading this nation, notwithstanding their race or genders. I would have considered Edwards if he hadn't dropped out. Which one of the remaining Democrats will get my vote will be decided on issues other than race or gender.

Wouldn't it be nice if race weren't an issue.

My take on the New Baptist Covenant Celebration

As Osler noted in his blog, the New Baptist Covenant Celebration was truly something special. I'm not sure what I expected, but I found the past three days more inspirational, more affirming, more provocative than I ever imagined. President Carter and Mercer President Bill Underwood are to be congratulated for having conceived the idea of a convocation, where the goal was to unite black and white Baptists, as well as Baptists of other races, while celebrating the diversity in worship traditions and looking for ways by which we all might actively do the work of God on earth. They are to be commended for bringing their idea to fruition and inviting preachers and other speakers who challenged us to be more Christ-like.

And for those who criticized the Celebration as a political event for liberals, they would have been disappointed at the distinctly non-political character of the Celebration. That someone might characterize an issue like the environment as political doesn't make a discussion on the environment necessarily so.

Finally, the special interest sessions I attended were conducted by knowledgeable people who offered fresh perspectives on their individual topics. It comes as no surprise that Osler did a wonderful job as one of the speakers on the Engaging the Criminal Justice System panel--and I'm not just saying that because I'm his deacon (and responsible for his spiritual development, as he likes to remind me).

The challenge will be to translate the good feeling into action. I look forward to the next steps.

Us too

My first impression on reading this story was, "cool idea."

My second impression was, we need something like that here. Instead of water pumps, can't we hook up a few kids directly to a generator? Slap a few ads on the kids to generate some revenue, just for the heck of it, and send them out to play.

I think this idea has potential. Cheap, renewable energy and maybe a solution to the childhood obesity problem to boot.

I like it.

A Better Invocation of Reagan

Last week, Barack Obama invoked the memory of Ronald Reagan. Big mistake. Not because of what Obama said, but because no matter what he said, it was sure to be misconstrued.

Either way, if Obama was going to raise the spectre of Reagan, he would have done better to quote Reagan's 11th amenmdent, appropriately modified: Thou shalt not speak ill of a fellow Democrat.

He might have done Reagan one better and added, "Stick to the issues!" Hillary's and Barack's back-and-forth jabs are silly and distracting. Stop it already!

And while we're on the topic of distracting, the former prez needs to banish the orange tie to the back of the closet, or better yet, the trash bin. Orange is for clowns, jack-o-lanterns, and traffic cones.

Hillary's stock would go up immediately if she would show some leadership on this issue.

Random thoughts on a hot button issue

If I were to ask who benefits from affirmative action or preferential college admissions, I'd bet thatthe majority of respondents would answer either racial and ethnic minorities or women.

And at the risk of over-generalizing, I'd bet that many who oppose affirmative action or preferential admissions favor merit-based decisions, based on objective measures, like SAT, GPA, etc.

This clip from the NBC Nightly News talks of another group that may in fact be beneficiaries of preferential ttreatment, namely men. Some colleges are lowering their admissions standards for men in an attempt to close the gender gap.

So, my random thoughts:

1. Affirmative action is always difficult to discuss because it means different things to different people. I assume that all of the men selected are "qualified" notwithstanding their SATs or GPAs. In other words, the preference is exercised to select from a pool of individuals, all of whom are qualifed. That one applicant may have scored 30 points higher on the SAT or accomplished a GPA 2/10 of a point higher than the next person doesn't make that applicant necessarily "more qualifed" such that it is wrong or even unfair to choose the one whose numbers are lower.

2. The concept of preferential treatment for men probably challenges the views of many on the whole issue.

3. It's official: now everyone is preferred somewhere. One just has to find the school where their gender or race or ethnicity, etc. is under-represented.

4. Many minorities can tell of the times when someone, based on scant evidence, assumed that they were admitted only because of affirmative action. Will men, particularly white men, start to have similar experiences?

5. I agree with what the colleges are doing. The environment in which one learns is important for all concerned.

Remembering MLK

Today is the actual birthday of Martin Luther King, Jr. One of my favorite quotes by Dr. King is as follows:

"Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it politic?' Vanity asks the question, 'Is it popular?' But, conscience asks the question, 'Is it right?' And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but one must take it because one's conscience tells one that it is right."

That's a powerful quote. How much better would the country, indeed the world, be if all sought to do the right thing.

Time to hang up the cleats for another year . . .

So the Cowboys lost today. I'm sort of sad, but I also kind of don't care. Despite the 'boys having one of the best seasons in recent years, the whole NFL Channel controversy has cooled my passion for professional football overall, and that includes the Cowboys.

The Cowboys will always be my favorite team--I don't see that changing ever. And I'll always root against the Packers. But despite the various claims flying between the cable companies and the NFL owners, no one cares more about me, the common fan, than they care about squeezing every last dime out of the business. So, I don't care.

I'll watch the Superbowl. I may even care about the outcome, but not much.

And the answer is . . .

The Breakfast Club. John Bender, the "criminal" has some of the best lines of the movie. I can't believe it (nor The Karate Kid) made the AFI's top 100 movies. Unbelievable.

Name that movie

"Hey, how come Andrew gets to get up? If he gets up, we'll all get up, it'll be anarchy. "

Do you know the movie in which that line was uttered? You're welcome to put your anwer in the comments or keep it to yourself. Either way, I'll post the answer tomorrow night.

This is a true story--really

Apparently, if you don't actually declare that your story is true, you're allowed to tell a story. That's the explanation of the mother who wrote a compelling, but false, essay to win Hannah Montana concert tickets, as described here. What a witch! And her defense that "we never said it was true" that the child's dad died in an Iraq roadside attack is no defense at all. The mom has since apologized.

I can understand wanting to give your child something that she so dearly wants. And having an 8 year old, I can sort of understand the Hannah Montana phenomenon, although the mere thought of Miley Cyrus (who plays Hannah Montana) reminds me of Billy Ray, which reminds me of Achy Breaky Heart, and I'd rather eat a bowl of glass than have that song stuck in my head. But how a mother can fail to see the myriad wrongs with her scheme until she was busted is beyond me, and makes me sad for the child who has an excellent chance of growing up confused about the difference between truth and fiction, right and wrong, etc.

The continuing drama of the writers' strike (snore)

Forget Alien vs. Predator. The late night shows return tonight, notwithstanding the ong0ing Writers' Guild strike. As described here, Letterman cut a separate deal with the Guild, so he will actually have writers and his show will carry on the same as always. Leno, on the other hand, will have no writers and will be limited in what he can do during the show.

So, who will the viewing public choose? If Letterman is a smashing success and Leno continues to lose viewers, will that put pressure on NBC suits to settle with the writers? Will A-list celebs cross the line to be on Leno? Does anyone really care one way or the other?

I asked about a month ago whether unions still have any relevance. I got some interesting responses from my Labor Law students. Most who responded believed that unions were still relevant although there were different ideas about which industries held promise for unions in the future.

I do believe that unions have and will continue to have relevance. However, I believe that the union officials will have to think more realistically and innovatively to accomplish the traditional union goals of job security, top wages and benefits, and safety. I also believe that unions in general need to do a better job on the PR front to be more attractive to younger workers who seemingly see little need for a union if they do not hail from union families.

Superstitions and resolutions

We've had our black-eyed peas. I think BoilerHusband was the first to come through the front door, and he qualifies as dark-haired and good-looking in my book. So I think The BoilerFamily is in good shape for the coming year.

As for resolutions, to the usual list of eating better; being more patient with slow drivers; taking more naps, etc., I add one more: to be more faithful in writing on my blog.

But the most important resolution: to enjoy the present and be thankful for it.

Happy New Year.

And the answer is . . .

Well, of course, The Karate Kid--the movie of the 1980s. Good job, Adjunct-san.

It's rather hard to believe that The Karate Kid is not on AFI's top 100 movies. Throws everything about the list into doubt.

Name that movie

"Sweep the leg."

This is pretty easy, I think. As usual, you're welcome to include your guess in the comments or keep it to yourself. I'll post the answer tomorrow.