A Funny Thing Happened On the Way to Arbitration

April 22, 2014

The U.S. Supreme Court loves arbitration. Less than a year ago it decided American Express v. Italian Colors Restaurant. There, Italian Colors Restaurant filed a class action suit against American Express on behalf of merchants who accept the American Express card, despite an arbitration clause in the merchant agreement. The Supreme Court gave effect the arbitration clause, and further held that a class action cannot be handled through arbitration. These holdings left merchants with no effective remedy, as no single claim could be brought against American Express because costs would far exceed the amount in dispute.

So it appeared likely that large corporations would use the American Express decision to advance protecting their interests by mandating arbitration in their

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Update on the Rabbi, the Airline, and the Supreme Court

April 22, 2014

The Supreme Court ruled 9-0 in favor of Northwest and against Rabbi S. Binyomin Ginsberg. The decision relies on pre-emption analysis associated with the Airline Deregulation Act. The opinion is moderately dense. Some analysis can be found at The Rabbi, the Airline, and the Supreme Court (my piece) and for deeper analysis read Ronald Mann’s piece, Opinion analysis: Justices hold “good faith and fair dealing” claim about frequent-flyer program preempted, at SCOTUSblog. Oh, and avoid any unpleasantness with an airline frequent flyer program, especially now, for you can be “excised” from the program.

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Staying Excited!

April 21, 2014

Obama:  Your Question, Ms. Keith? is a lovely, short piece of writing from Tamara Keith, the relatively new White House correspondent for National Public Radio. (Ms. Keith has been a journalist, on and off the air, for many years.) She writes about her day, recently, when for the first time she asked the president a question at a news conference in the White House briefing room.

The story offers lots of details, and even shares Ms. Keith’s stumbling start, albeit without sound, but that’s not why I’m writing about it. No, what makes the story so worthy is the complete absence of pretense or “cool” from Ms. Keith. She’s excited, and getting to ask President Obama a question is

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Hillary Clinton 2016?

April 19, 2014

Chelsea Clinton announced she’s pregnant on April 17, a few days ago. Mazel tov to her, her husband, and their families!

Within hours of the announcement there were at least two pregnancy-truthers, here (Steve Malzberg) and here (Andrew Ross Sorkin). Their comments followed by several days the claims from shoe-truthers—here (Herman Cain and Rush Limbaugh)—that Hillary Clinton or her people staged the thrown shoe event on April 10 in Las Vegas.

So the show—excuse me, the 2016 campaign for President—has begun. We don’t yet know whether Hillary Clinton will run, but the comments from the crazies may provide the best case for nominating and electing her.

For entertainment, nothing will beat four or eight more years of Clinton-phobia from

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Russ & Daughters

April 19, 2014

Pesach cruises along, about half done. Now, usually, I get focused on the bread. That’s mostly the point, for we don’t eat leavened products for eight days to remember our people leaving Egypt in a rush. (As an aside, and as a reminder that the bible and history often don’t co-exist perfectly—highlighting, perhaps the inherent conflicts between fiction and non-fiction—here’s a piece by Smarya Rosenberg, Passover:  The Real Meaning of Matzah, from thefailedmessiah.com.)

Alas, my focus on bread does not relate to the affliction imposed on my people; instead, it’s the affliction I’m feeling, missing a favored part of my diet and a treasured hobby. Now, I’ve shared a decent amount about my bread world. The reviews are

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The Wednesday Curator – 4/16/14

April 16, 2014

After a few days off for Pesach/Passover, it’s Wednesday and that means Wednesday Curator time. This has been the toughest of weeks for I read so much good stuff, and have struggled with what to share. Here goes nothing!

I loved the “Grapes Of Wrath” Is 75, But Its Depictions of Poverty Are Timeless story on National Public Radio. Plus ça change, plus c’est la même chose.

Global Rankings Study:  America in Warp-Speed Decline was written by CJ Werleman and posted at Salon on April 9. One of my friends says we need to be positive, and I get that, but we can’t ignore facts either. And there are some mighty unpleasant facts here!

I thought my friends on

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Pesach and Pizza

April 13, 2014

Pesach aka Passover commemorates the Jewish departure from Egypt. The celebration lasts seven or eight days, and Is Passover 7 or 8 Days? does some explaining about the 7 v. 8 issue. Regardless, we don’t eat leavened products, or those food products that can rise, during this period. (Rabbi Thomas and Marcia Louchheim explain how the Ashkenazi, Sfardim, Reform, Conservative, and Orthodox parts of our people deal with these issues at Legumes and Rice on Passover.)

Anyway, so I spent today doing Pesach baking for the Seder we’re attending on Tuesday, and pizza to get the bread out of my system before I take a week off (from bread.) Seder means order, and for the non-Jews who follow me,

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Southern Judges/Righteous Gentiles

April 13, 2014

Righteous among the Nations is an honorific of the State of Israel, used to recognize non-Jews whose extraordinary acts during the Holocaust saved Jewish lives. I thought about the Righteous among the Nations, known informally—and with respect—as Righteous Gentiles, as I was reflecting on the coverage of the Civil Rights Act of 1964 at 50.

President Lyndon Baines Johnson signed the bill into law on July 2, 1964. I’m not sure about the reasons for celebrating the 50 year anniversary now, about three months early, but there was a major event at the LBJ Presidential Library this past week to commemorate the law and the events that led to its passage. Presidents Obama, G.W. Bush, Clinton, and Carter all

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Alcohol

April 12, 2014
A cantalou-tini, which includes vodka and strained cantaloupe puree. My invention, very refreshing, and a good way to use up aging melons.

A cantalou-tini, which includes vodka and strained cantaloupe puree. My invention, very refreshing, and a good way to use up aging melons.

I did not consume any alcoholic beverages from January 1 until March 22 … just about! There was one night when, with visiting relatives, I had a small martini and a bit of white wine, and one other night when, with an out-of-town guest, I had a few sips from a glass of white wine at dinner, to be sociable. Otherwise, dry! Or, I suppose, the King of Cranberry Juice Combos!!!

I have been mulling over a valedictory, and I think I’m ready. A bit of background first, though.

I decided on a 90-day break—from January 1 through

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Basic/East Village San Diego’s Pizza Choice

April 11, 2014

A week ago I was in San Diego aka Heaven on Earth! Last Friday I reported on an excellent dinner at Monello. I did not, however, share the fact that we had weekend guests who arrived, young and hungry, at about 10 p.m. And what do hosts do for young and hungry guests who arrive at 10 p.m. on a Friday night? Feed them!

DSCN0554 DSCN0555

We walked over to Basic, located in the East Village across the street, almost, from Petco Park’s right field fence. I found Basic years ago, and rarely do I present myself in San Diego without dropping by. (Pictures taken earlier in the week. It’s not sunny at 10:30 p.m., even in San Diego.)

Here,

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