Archive for the Magazine Reference Category

Smedley And Ernest On Our Friend “War”; The “Racket” Continues (September 7, 2015)

Posted in Banks and Banking System, Book Reference, Magazine Reference, Military, Oil, Wall Street, War on September 7, 2015 by e-commentary.org

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_          “Four score years ago this month, the world of arts and letters and the world awoke to a pair of trenchant commentaries on our friend “War” written by two scholars who had spent time in the trenches and developed the ‘street cred’ to command attention and respect.  Smedley D. Butler was a United States Marine Corps major general, the highest rank authorized at that time, and at the time of his death the most decorated Marine in U.S. history who also should have won a Nobel Peace Prize.  Ernest Hemingway wrote stuff.  We should listen.”

. . .

[See the e-commentary presented on a prior Memorial Day on this Labor Day at In Memoriam (May 26, 2014).]

Bumper stickers of the week:

“I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers.  In short, I was a racketeer, a gangster for capitalism.  I helped make Mexico and especially Tampico safe for American oil interests in 1914.  I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in.  I helped in the raping of half a dozen Central American republics for the benefit of Wall Street.  I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902–1912.  I brought light to the Dominican Republic for the American sugar interests in 1916.  I helped make Honduras right for the American fruit companies in 1903.  In China in 1927 I helped see to it that Standard Oil went on its way unmolested.  Looking back on it, I might have given Al Capone a few hints.  The best he could do was to operate his racket in three districts.  I operated on three continents.”  Smedley D. Butler in a poem in the September 1935 issue of the magazine “Common Sense” that later become an overlooked classic. 

“They wrote in the old days that it is sweet and fitting to die for one’s country.  But in modern war there is nothing sweet nor fitting in your dying.  You will die like a dog for no good reason. . . . The only way to combat the murder that is war is to show the dirty combinations that make it and the criminals and swine that hope for it and the idiotic way they run it when they get it so that an honest man will distrust it as he would a racket and refuse to be enslaved into it.”  Ernest Hemingway in “Notes on the Next War: A Serious Topical Letter,” in a September 1935 issue of the magazine “Esquire”.

Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)

Posted in Courts, Federal Courts, Judges, Judicial Arrogance, Judiciary, Law, Law School, Magazine Reference on August 31, 2015 by e-commentary.org

. . .

B-W L          “I told my client in a personal meeting face to face in the office that we were assigned a judge who would rule against us without reading any of the pleadings.  Zero percent chance of success.  An appeal was too expensive.  The client said to proceed making the arguments and angle for an angle, some angle, any angle.  You should always send a separate letter as an attachment to an e-mail and by snail mail to the client confirming your concerns that the outcome may not be favorable as discussed.  I slow rolled things playing for time with no grand plan.  Out of the blue, an entity moves and is allowed to intervene; the judge steps out of the case without comment.  New judge takes over case; new judge follows the law; client prevails.  You need to get lucky some times.”

W-E L S          “We are spending the third year trading war stories like this in the student lounge.”

B-W L          “And that part of the process is not even covered by tuition.  I told another client that we drew the right judge and could expect a favorable outcome.  Some judge gets deployed overseas to join in killing innocent folks and a new judge is assigned.  A judge who liked to use the expression ‘a no-brainer’ and met that qualification.  However, the argument required a brain.  He employed his patented ‘no brainer’ analysis.”

W-E L S          “Dead.”

B-W L          “DOA.  Upon notice of the reassignment, the first reaction was utter dread.  Game over.  A death notice from the court.  You may not realize that your state still has the death penalty in civil cases.  And not a shot was fired.  How do you explain it to a client who is utterly disgusted with the whole process.  He kept yelling that he wanted the first judge and wanted me to get the first judge back.”

. . .

B-W L          “MSU is a military expression that applies to the law.  Making Stuff Up.  The facts and the law.  No one will ask the fundamental question whether all the money, public and private, spent to indoctrinate a young law student is worth fomenting the illusion and delusion.  Is there value in the truth?”

W-E L S          “Can I get a refund on my tuition?”

. . .

B-W L          “Few if any of your law professors ever practiced law.  You are obligated to repeat and are rewarded for propagating the myth.  That is the Game.”

. . .

[B-W L: Battle-Weary Lawyer; W-E L S: Wide-Eyed Law Student]

[See the e-commentary at Playin’ The Legal Game (March 28, 2011) and Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).]

Bumper stickers of the week:

“Your honor, we will be filing a motion this afternoon to transfer this case to an entirely different judicial system.”  “The New Yorker” cartoon in office.

MSU:  The motto of the American judicial system

A system of men and women not a system of laws.

The first thing we do let’s banish the American-acculturated judges.