Thursday, June 12, 2008

On The Docket: Bush Administration Has Again Exceeded Its Constitutional Authority

In a 5-4 ruling today, the Supreme Court held that Congress is without power to suspend the writ of habeas corpus for individuals being held at the detention facility in Guantanamo Bay. The Bush administration argued that trial by military commissions, as authorized by the Detainee Treatment Act and the Military Commission Act is an adequate substitute for habeas. The Supreme Court, in rejecting this position, has paved the way for Camp X-Ray prisoners to have their cases heard in federal courts.

Justice Kennedy wrote the decision of the Court, authoring an opinion that traces the history of the "Great Writ" back to Magna Carta. Here's a snippet:
The Framers viewed freedom from unlawful restraint as a fundamental precept of liberty, and they understood the writ of habeas corpus as a vital instrument to secure that freedom. Experience taught, however, that the commonlaw writ all too often had been insufficient to guard against the abuse of monarchial power. That history counseled the necessity for specific language in the Constitution to secure the writ and ensure its place in our legal system.
* * *
The Framers’ inherent distrust of governmental power was the driving force behind the constitutional plan that allocated powers among three independent branches. This design serves not only to make Government accountable but also to secure individual liberty. Because the Constitution’s separation-of-powers structure, like the substantive guarantees of the Fifth and Fourteenth Amendments, protects persons as well as citizens, foreign nationals who have the privilege of litigating in our courts can seek to enforce separation-of-powers principles.
(internal citations omitted.)
Let's just remember that this isn't the liberal, liberty-loving court of the 1950's and '60's. And as the Times reports, it's yet another "harsh rebuke of the Bush administration."

Wednesday, June 11, 2008

On the Docket: Successful Challenge To Ohio's Lethal Injection Protocol

A Lorain County Common Pleas Court judge has ruled that the method of execution currently used by the Ohio Department of Rehabilitation and Corrections violates Ohio law. (Enquirer; NY Times.)

The case, litigated (at least as to this issue) by the ACLU, was handled in a novel way. The challenge to the protocol was brought on behalf of two pre-trial detainees. In other words, this isn't the typical, last-second petition for a stay of execution; instead, it's about two men who might be sentenced to death if they're found guilty.

The court's decision is also unique in that it isn't based in the federal constitution's Eighth Amendment. (In fact, the US Supreme Court recently all but foreclosed challenges to the three-drug method of execution based on the cruel and unusual punishment clause.) Instead, Judge James M. Burge relied on an Ohio statute that requires ODRC to effect an inmate's death by using "a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death." The judge's ruling requires ODRC to use a single, large dose of barbituates to kill the two defendants, if they're found guilty and sentenced to death, rather than the three-drug cocktail currently used by most states that utilize they death penalty.

The ruling only impacts the two individuals who were before Judge Burge, but I'd be surprised if this argument wasn't made in capital cases in Hamilton County.

Monday, June 09, 2008

CCV Is Bored

The CCV has grown tired of stamping out freedom for women, gays, and lesbians, and has now chosen to attack the freedom of speech and of the press.

Someone needs to find the Right Reverend Charlie Winburn a demon he can exercise. I'm thinking he try someplace out in Blue Ash or Indian Hill.

Saturday, June 07, 2008

Last Day of Fringe!!!

Today is your last day to catch the Fringe Festival. Here are some good shows to try and see!

3:45PM - In Rehearsal
4:45PM - Undertow
5:00PM - Next to Not
6:30PM - UnMasked
7:00PM - Mortem Capiendum
             - Don't Make Me Pull This show Over...
8:00PM - Burning Man Redux
             - Anna the Slut and the (Almost) Chosen One
             - Fricative
9:00PM - Your Negro Tour Guide
9:15PM - Oatmeal and a Cigarette

Don't forget the after-party that beings at the Know Theatre at about 10:00PM, so come have a drink and here the announcement of the Pick of the Fringe.

Friday, June 06, 2008

You Asked For It

With only a little bit of fanfare, Avril-Bleh opened its grocery store on Court Street a couple weeks ago. Based on my quick trip there, the store offers some fresh produce, some dry and canned goods, a couple of coolers worth of beverages and dairy, some frozen food (including pints of Aglamesis' ice cream), and a deli counter that serves sandwiches to order.

The store keeps the same hour as the butcher shop, so it's closed on Sunday and Monday.

Perceptions

This week, my practice took me to Charlotte, North Carolina, for a few days. While I was on the hotel shuttle, I struck up a conversation with the driver about Charlotte. He asked me where I live. When I told him I live in Cincinnati, his immediate response was, "Have things settled down at all up there?"

Just one, isolated conversation, but it's eye-opening to see the lingering impact of the events that occurred in the early part of the decade on people's view of Cincinnati.

Anybody Heard Of Google?

So the Cincinnati School Board names five semifinalists for the position of Superintendent and within twelve hours has to withdraw one of the names -- Earl Watkins of Jackson Mississippi -- because of a male on male sexual harassment charge that no one, including the hired search firm, knew about. How stupid and inadequate can a process possibly be? What kind of politics is driving this process?

As an experiment, I sat down at my computer this morning and Googled the following: "Earl Watkins" Jackson Mississippi. The very first listing on my search results was a December 2006 television report from WLBT of Jackson with the headline -- "Principal Alleges Sexual Harassment by JPS Superintendent". The JPS Superintendent referred to here is Mr. Watkins. Result No. 2 from my Google search was an April 7, 2008 report from the Jackson Free Press (who knew Jackson, Mississippi had an alternative newspaper -- probably has a "creative class" population about the size of Cincinnati's "creative class) with the following lede: "JPS Superintendent Earl Watkins Resigning: After months of controversy stemming from a sexual harassment charge by a male educator, JPS Superintendent Earl Watkins announced tonight that he is resigning, effective June 2009."

Now the Cincinnati School Board paid some search firm $40,000 to vet these candidates. Nobody paid me anything to do a two second Google search --- who generated a better product? So here's a challenge readers, help the CPS out and do quick Google searches on the remaining four candidates and report your findings to the School Board. Maybe we can send them an invoice for our consulting work.

Thursday, June 05, 2008

Indie Summer At Fountain Square

Friday nights all summer will start out with Fountain Square's Indie Summer Music Series. Three good local bands will be playing each week. Tomorrow night's line-up has:


Make sure you have a few beers and tip Well! Tips go to support Enjoy the Arts, a great organization.

Stay afterwards for Singer/song writer night from 10PM to Midnight.

RFK - A Remembrance

On this, the fortieth anniversary of the assassination of Robert F. Kennedy, I find myself thinking of Kennedy's statement in inner city Indianapolis on the evening of the day on which Martin Luther King was assassinated. He was told by law enforcement and all local elected officials not to go, but he went anyway. Imagine the crowd on that April night in 1968 in that pre cellphone and email and Blackberry day. Most had no idea that King had been killed. In fact, if you listen to the audio of that tape, you can hear the horror and heartbreak in the crowd as Kennedy himself breaks the news to them. Speaking extemporaneously, Kennedy said:

I'm only going to talk to you just for a minute or so this evening, because I have some -- some very sad news for all of you -- Could you lower those signs, please? -- I have some very sad news for all of you, and, I think, sad news for all of our fellow citizens, and people who love peace all over the world; and that is that Martin Luther King was shot and was killed tonight in Memphis, Tennessee.

Martin Luther King dedicated his life to love and to justice between fellow human beings. He died in the cause of that effort. In this difficult day, in this difficult time for the United States, it's perhaps well to ask what kind of a nation we are and what direction we want to move in. For those of you who are black -- considering the evidence evidently is that there were white people who were responsible -- you can be filled with bitterness, and with hatred, and a desire for revenge.

We can move in that direction as a country, in greater polarization -- black people amongst blacks, and white amongst whites, filled with hatred toward one another. Or we can make an effort, as Martin Luther King did, to understand, and to comprehend, and replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand, compassion, and love.

For those of you who are black and are tempted to fill with -- be filled with hatred and mistrust of the injustice of such an act, against all white people, I would only say that I can also feel in my own heart the same kind of feeling. I had a member of my family killed, but he was killed by a white man.

But we have to make an effort in the United States. We have to make an effort to understand, to get beyond, or go beyond these rather difficult times.

My favorite poem, my -- my favorite poet was Aeschylus. And he once wrote:

Even in our sleep, pain which cannot forget falls drop by drop upon the heart,until, in our own despair,against our will,comes wisdom through the awful grace of God.

What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence and lawlessness, but is love, and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or whether they be black.

On that day in April, 1968, I typed those words from Aeschylus on a small index card and have carried it with me every day since then as a remembrance of dreams and hopes lost and of dreams that continue to live and of the constant pain of life that gives birth to dreams. Two months later, on June 5, 1968, Kennedy was shot and killed immediately following his victory in the California primary.

On a day when there can no longer be any doubt that a person of African ancestry -- a biracial person -- will be the Democratic Party candidate for the Presidency in November, I find myself thinking of those days in 1968 and of the hopes born in those days, many of which have long been forgotten by many of us in a sea of accumulated wealth and debt and scandal and change and cynicism and irony, and I find myself wondering how much of the symbolic and realized hope and dreams contained in the candidacies of Senator Obama and Senator Clinton find their root in the hopes of Bobby Kennedy and 1968. So on this day, do we offer the image of Barak Obama to those elementary school children creating chaos at Porter-Hays School as an image of exceptionalism owing to his good luck and his rearing by a strong single white mother or do we offer the image of Barak Obama as an image of aspirational hope that points a way to these children beyond the real but, all too easy, excuses of racism and discrimination to hope and success and not failure --- an image that says you too, can be a candidate for President and maybe even President someday if you work hard enough.

Today, I hope that we join with Bobby Kennedy and "dedicate ourselves to what the Greeks wrote so many years ago: to tame the savageness of man and make gentle the life of this world."

Wednesday, June 04, 2008

Party Politics?

Is the effort to ouster Caleb Faux by Council members Bortz, Ghiz, and Monzel an anti-Democrat tactic?

More Is Not Enough

The last letter to the editor titled Downtown Needs More Restaurants is a hugely telling letter.

I am just dumbfounded that someone would write this letter. I am also equally astonished that the Enquirer would print this letter. I guess someone is going to write a letter and complain there aren't enough big-box discount stores downtown that are open at 6AM.

By the way, Lavomatic is open Sunday morning for Brunch at 10 AM. It isn't that bad of a walk from Aronoff Center, but extreme convenience is something too many people are accustomed.

Tuesday, June 03, 2008

Cincinnati E.A.T.S.


Food, friends, charity-- three things that go together (or should), and is, in a nutshell, what Cincinnati E.A.T.S. (Epicurians About Town Society) is all about. It's an eating group recently formed by some YP-types (though most certainly not only for YPs!) who want to take over restaurants on their slow days to meet new friends, eat great food, and support good causes. Their first outing is on June 10 at Lavomatic. For $36, you get a 3-course meal (including, I hear, the rhubarb-pistachio pavlova, which is fantastic) , and a portion of the proceeds go to 7 Days for SIDS (started by the de Cavels after their daughter died from SIDS several years ago).

Want to join me? Check out Cincinnati E.A.T.S' website and RSVP by June 8th.

Saturday, May 31, 2008

OTR5K a Success!



Where else in the city can you sit in your bay window and blog about a running race while watching the finishing immediate below your window? This year's event is a brilliant success with a great crowd, fun atmosphere, hard working organizers and volunteers and beer booth! It isn't Cincinnati without a Christian Moerlein at 10:30 AM!

Wednesday, May 28, 2008

Fringe is On!

Opening Night at the Cincinnati Fringe Festival was a smash! Tonight starts the Performances. We'll be reviewing shows over at www.theconveyor.com, so see the show, read the review give your take.

Monday, May 26, 2008

Mt. Adams, Also Known As Roke Island

I'm quite certain that on an approximately monthly basis, the good people of Mt. Adams rotate all the names of their streets, and quite possibly the permissible direction of travel on those streets.

Or maybe I'm just a big dummy who gets lost every time he's up there for no apparent reason.

Some Random, Tasty Thoughts

Despite being holed up in the office much of the weekend, I was able to get to the Taste yesterday and enjoy much (maybe too much) scrumptious food. Here's a few random thoughts.

1. My brief feelings of nostalgia for when Taste was on Central Parkway ended as I walked the block of the festivities between Sycamore and Broadway. Like Central Parkway, that area is wide open--and almost completely shade-free. The shade of the tall buildings that surround Taste between Race and Sycamore really does help to keep the temperature comfortable.

2. Julie led a discussion here (and at her solo blog) a little while ago about national chain restaurants winning "Best of Taste" awards. I agreed with her that it seems a little off-putting for those restaurants to win awards in a "Taste of Cincinnati" competition. But maybe I'm being hypocritical. Is it really chains that we don't want to see win, or was it the type of chain that won this year that's upsetting? Carrabba's is just so corporate suburban. Red Lobster may as well have a booth. But I don't remember any opprobrium when Hamburger Mary's was winning for best dessert. It, too, is a national chain, but maybe not so off-putting because it's not so cookie-cutter.

3. I wish there were a little more participation from downtown restaurants. I'm also always intrigued by the placement of the booths. For instance, who decided to put Taz next to Andy's? I kept hoping some sort of shish kabob street brawl would break out.

4. Finally, is it just me, or are strollers becoming the size of SUV's? And why do mothers seem to need to use them as battering rams to cut a path through the crowd? Maybe that's just the selfish, single guy in me speaking, but there's a special place in Hell for women who bruise your shin with their fortified stroller.

Sunday, May 25, 2008

Taste of Fringe


Two volunteers braved the throng of suburbanites at the Taste of Cincinnati yesterday to help promote the 2008 Cincinnati Fringe, which starts Tuesday night. They are even sporting this year's spiffy volunteer T-shirt. If you want to volunteer, it is not to late. Click here for more!

For full Fringe coverage, please head over to
The Conveyor where we'll be blogging from the bowels of the Fringe festival headquarters on a daily basis.

500 Miles to Modern Music

WOXY's 19th Annual Modern Rock 500 is at full speed, have a listen. Today is one of those days I wish I had an HD radio. The days of wishing may be behind me.

Saturday, May 24, 2008

6 Years Is a Long Time

Today marks the 6th anniversary of my first post to this blog. Six freaking years! It is Memorial Day Weekend, so I find it fitting to remember my first month of posts. On my first day I managed to mention Greg Flannery, Peter Bronson, Darryl Parks, Sensible Don, and the Taste of Cincinnati. Time just goes by quickly.

This blog isn't ending. I don't want to scare anyone that I'm going to quit, though some may want that! I've been posting less lately, and that I don't think that will change. Adding new writers I think has really made this blog a much better place to come for opinion. I'd even consider adding someone else new if there are any other takers out there, email me!

I think much has changed in 6 years, in the city and in the world in terms of attitudes. I think my attitude has changed a lot. I don't know that I've changed my ways much, but looking back on what I was writing about the first day, I think perspective and a little more age has moved me along. I care more now, than I did then, but I care enough not to say as much now. So, we'll see how things change over the next 6 years. In the mean time, check out the www.theconveyor.com for some non-political writing with the second year coverage of the Cincinnati Fringe Festival, kicking off on Tuesday.

Taste 2008

It's time for the Taste of Cincinnati and preparations where underway this morning in earnest.