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Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
The Constitution in Matters of War-- No Checks, No Balances
Wednesday, September 12, 2007
The Constitution in Matters of War-- No Checks, No Balances
The sad lesson of the past year is that the modern Presidency-- armed with control over military intelligence and a large standing army-- can have its way in matters of war even if the President's policies are very unpopular, and there is very little Congress can do to stop it.
The phenomena might be viewed as a form of "risk aversion." It's easier for Congress to be a critic, than to be seen as setting the lead.
For example, the recent FISA revisions, like the war in Iraq, were driven by the risk of attack against the US. As though any amount of invasive government can prevent all attacks - yet Congress doesn't want to be holding the bag when the inevitable attack occurs.
Jack: How is this a problem with the system, rather than with the current political parties?
If the Democrats wanted to, they could vote to end the war today. To be sure, Bush would then have the power of the veto (arguably, anyway -- the constitutionality of section 5(c) of the WPR has never quite been resolved). But then when he uses it, why wouldn't that be the system working as it ought to, with the President taking the responsibility for rejecting the views of strong majorities in the public and in both houses?
If the Democrats are right, then the fault lies, not with our constitutional constellation, but with ourselves.
Nationalism and war are a heady mix, and the Dems fear that rather than being applauded for ending an unpopular war, they will be jeered for ensuring our "defeat" in Iraq.
The public, I suspect, wants to have its cake and eat it to. Yes, let's get out of Iraq; no, we don't want things in Iraq to go to hell in a handbasket.
Once we're out, and coverage dwells on what a disaster Iraq is, Dems fear they'll be blamed.
Now, is that a problem with the American people, or with the Dems -- who are congenitally incapable of explaining anything to the public? I'm not sure.
While Article II does provide the President plenary power over all aspects of prosecuting a war apart from those powers expressly granted Congress in Article I, I suggest that you understate the power of the purse.
Funding a war takes an affirmative act of Congress which cannot be blocked by a Congressional minority or vetoed by the President. If the Dem congressional majority was united about ending the war (which they are not), they simply need to enact a bill which provides money for a six month retreat from Iraq and makes clear that there will be no more additional supplemental funding bills. If the GOP filibusters or the President vetoes this bill, they cannot compel the Dems to provide the money they demand and the war is effectively defunded by inaction.
The problem with using the power of the purse to compel a surrender of Iraq to the enemy is that the public would not support such a move. While polling shows that the public is tired of the war, they do not support surrender or cutting off the troops. That is how the President keeps winning these showdowns without breaking a sweat.
This issue is properly a matter for a Presidential election. The 2008 Dem candidate can campaign on surrender like the Dem McClellan did in 1864 while the 2008 GOP candidate can campaign on pressing on to victory as Lincoln did and we will see which policy the voters support.
Congress approved the use of military force against Iraq. It wasn't a unilateral decision by the President. Matters have gone badly. Congress is divided about what would be the right course of action now. The public (big surprise!) gives somewhat inconsistent answers to poll questions and generally expresses a variety of divergent views.
Under those circumstances, the executive is necessarily going to decide what to do, because no one else will. I don't see how a change in the Constitution (short of an abolition of separation of powers) would change that.
Of course this situation is frustrating for the faculty of Yale, which might have been divided on September 12, 2001 but is now overwhelmingly antiwar. But the United States government is not designed to reflect the views of the Yale faculty.
Polling consistently shows that a majority of American's want an orderly withdrawl from Iraq and disapprove of Bush in the extreme.
The power of the purse is a red herring unless you believe congress should invite a major confrontation with the President without veto proof majorities over such a sensitive issue knowing full well the President will not listen.
Bush rests easy knowing that the Democrats won't go nuclear on his surge, ie cut off funding, because of their concern for the troops and the delicacy of the situation. I guess irony is not dead.
Congress has signaled that they would like to begin withdawl and I think the public understands that. With only 16 months remaining do you go after the President on this?
Unfortunately, this appears to be a case of the wrong man at the wrong time.
We have to break out of the Steel Seizure Case paradigm, the 'waxing and waning' of Executive Constitutional power.
"How is this a problem with the system, rather than with the current political parties?"
If there is anything to learn from economics, it is that bad outcomes that involve a large number of people are almost entirely the product of bad institutions and bad incentives. Congress unquestionably fits this description. The two political parties are shaped by those institutions and incentives, so blaming the political parties is just a round about way of blaming the system.
It's odd how many of the comments find fault with the politicians and not our institutions. If we had a parliamentary system, Bush would no longer be president. The ratcheting up of executive power noted in Charlie Savage's post is common to presidential systems in other corners of the world. We are just late bloomers constitutionally speaking in understanding that presidentialism is a defective form of government. Miguel
Indeed, Democrats could force the issue only by cutting war funds. Bush would veto that, and the Democrats don't have the votes to override. Which outcome would be more than just a defeat; it'd look like Democratic vacillation to an electorate that doesn't grasp the far greater power needed to override a veto. Recall that the Democrats have already been through that scenario once with respect to this war, and got their heads handed to them for their trouble.
I think, morally unsatisying as this may be, that they are now going to be quite pragmatic in the face of an upcoming election, and are strongly inclined to use the bully pulpit while letting Bush stew in his own war juices. This of course will only delay the day of reckoning and cause more human grief in the Mideast, but politically speaking Bush can run out the clock, now.
Of course, if this strategy works and the Democrats reclaim the White House, Iraq will suddenly become THEIR war, just as Vietnam became Nixon's war. But there's no way around that at this point anyway.
In short: Democrats are doing the math. We can be upset with them for not being more action-oriented at this point. But there is a logic to their current approach.
Iit's rather like medics performing triage on a battlefield: You can try to save everyone and lose them all, or you can focus on saving the few that have the most chance of surviving. Right now, the Democrats are forced to focus on the few ideas that most matter. Rail at them for this all you like, but always remember that it was Bush and the GOP that all but single-handedly set up this no-win situation.
And that was no accident. The neocon mindset LIKES no-win situations, because chaos serves their tear-down-government and bogeyman approach to public policy. Even while the next Democratic administration tries to pick up the pieces, the neocons will be busy trying to interdict their every effort. This, sadly, is now the lot of the real adults dealing with the children in our political process.
Democrats should be taking every opportunity to re-label Iraq 'Bush's War' so as to have the memory of his failure linger after his exit from the White House.
surrender of Iraq
Bart, stop using the word "surrender" to describe a withdrawal from Iraq. Surrender has a specific meaning in wartime. It means waiving the white flag, putting down your weapons, and being taken prisoner by the enemy. It means formally renouncing your right to wage warfare.
If you want to use "retreat"-- which is also a word with a negative connotation and which you also used-- that's fine. "Withdrawal" would be better, but I don't expect you to eschew all spin. But NOBODY is advocating a surrender. Nobody. And you know that damned well. You only use that term because you care more about its emotive value than you do in accuratly describing your opponents' position.
An army can surrender territory as well as itself to the enemy. The Dem left is proposing the former as I have accurately described.
A "retreat" or a "withdrawal" is generally considered to be a temporary tactical event compelled by superior enemy forces before resuming the offensive to win the war. In the military, we were taught never to retreat unless there was no other choice to save our unit from destruction. In this case, the enemy does not have the capability to defeat our units at any level and force them to retreat. Rather, this is a case of a political party attempting to order the military against its will to surrender territory to the enemy.
The favorite euphemism used by the Dem left is "redeployment," which creates the false impression that the Dems are proposing to move US forces from one ground war to another against the same enemy, when in fact the Dems are proposing to force them home in defeat.
Why can't the Dem left be honest about what they are proposing? If they are ashamed to be up front about their plans, maybe their consciences are trying to tell them something.
This phenomenon came into stark relief when Dem Representatives James Moran and Ellen Tauscher visited the Green Zone in Iraq to show their "concern for the troops" and found that their visit had been preceded by a flyer quoting their anti war speeches. Rather admitting to the troops that it was their opinion that the enemy had defeated them (which was ridiculous on its face), Moran and Tauscher whined about being "slimed in the Green Zone." It is a mystery to me how one can be "slimed" by his or her own words.
The idea that Democrats need a "veto proof majority" to cut off war funds is a red herring. In fact, they don't even need a majority in the Senate. All they need is 41 Senators (enough to sustain a filibuster) or 218 house members. Congress doesn't need to pass a bill cutting off funds for the war, all they have to do is refused to pass future funding. 41 Senators are sufficient to do that.
The Democrats could have ended the war during every budget vote since it began, if they were willing to face the political consequences of doing so. Clearly they are not. The problem here is a political rather than constitutional one. Congress has the bigger stick, but they are unwilling to use it. If this were the case of an irresistible force against an immovable object, the war would be over already. In reality, the administration is irresistible, but congress is not immovable.
I think you have a good point about "redeployment", which I don't like either. It sounds like one of those military euphamisms like "operational exhaustion" or "collateral damage". (Even worse than "redeployment" is "phased redeployment". Yuck.)
But "surrender", while it CAN refer to territory, really calls up images of white flags, laying down arms, being taken prisoner, etc. E.g., Appomattox Courthouse. (Also, remember that the Iraqi government is the ostensible sovereign, not us. So we wouldn't be surrendering anything, as the Iraqi government would still be the ostensible sovereign.)
And I also don't agree that withdrawal implies anything temporary. (Retreat does-- but you actually used retreat in your post.) One difference is that withdrawal does not involve a disavowal of any future right to go back in, whereas surrender does imply that. And, again, liberals are not advocating that we promise the Iraqis that we will never reinvade.
But your problem here is that you are using a word that conjures up an image that is very different (and much more inflammatory) than what your opponents are actually advocating.
What you are dancing around in this semantic drill is that fact that the Dems are calling for both retreat and defeat. A withdrawal can come after a victory or a defeat. Thus, the term "withdrawal" alone does not communicate to the listener the defeat part of the Dem plan, which is an intentional omission.
Surrender is the only word which I can come up with which relates the fact of self imposed defeat common to all the Dem plans.
You are correct that surrender is an inflammatory term. Then again, people should be inflamed by a political plan which imposes defeat on a military which the enemy could not defeat on the battlefield. If you could not tell, this former grunt is certainly fired up and I am hardly alone among the military.
The fiasco of the Iraq war shows how easy it is under the modern Presidency to get into ill-considered wars, and how difficult it is to get out of them.
Of course, this problem is exacerbated by the lack of imagination of war supporters:
Surrender is the only word which I can come up with which relates the fact of self imposed defeat common to all the Dem plans.
People who allow themselves to be so easily manipulated so that they can only see one option, from one angle, are definitely part of the problem.
Remember, we are the government of the country, not the President, or the Congress, or the Judiciary. It is our acceptance of their roles that allows them to govern, or at least the consent of the governed used to be part of the equation, by someone who's name escapes me at the moment.
I mean, even the ancient Athenians, who had first voted to destroy and enslave a recalcitrant city in their empire, in the end voted against such action. They voted for it to show the power of the will of the people; they then voted against it to show their manganimity. How can we do any less, when the toll of dead, injured, and displaced is over 10% of the subject population?
Unless we're not a democracy, and the will of the people, and their representatives is less important than the will of one man in the pivotal seat of power. That's a different form of government that we luckily do not have to discuss in today's America.
fraud guy:
Of course, this problem is exacerbated by the lack of imagination of war supporters:
Surrender is the only word which I can come up with which relates the fact of self imposed defeat common to all the Dem plans.
People who allow themselves to be so easily manipulated so that they can only see one option, from one angle, are definitely part of the problem...
I mean, even the ancient Athenians, who had first voted to destroy and enslave a recalcitrant city in their empire, in the end voted against such action. They voted for it to show the power of the will of the people; they then voted against it to show their manganimity. How can we do any less, when the toll of dead, injured, and displaced is over 10% of the subject population?
This is the first time I have come across the spin that politically compelled surrender of Iraq to the enemy is not really a defeat, but the Dems' magnanimous decision not to destroy the country of Iraq.
Very inventive, but there are a couple problems with this spin.
First, the anti war left and the Dems have been quite clear about their motivation for surrender - the enemy has already defeated our troops and the "war is lost." They would probably disagree with your thesis, which presumes that we can win.
Next, your thesis implies the slander that our troops killed, injured, and displaced is over 10% of "the subject population" and withdrawal of our troops would stop this decimation. The enemy has been doing the overwhelming amount of killing and injuring and all of the displacing in Iraq. Do you really think that this would stop or even decrease if we surrendered Iraq to the enemy?
First, the anti war left and the Dems have been quite clear about their motivation for surrender - the enemy has already defeated our troops and the "war is lost." They would probably disagree with your thesis, which presumes that we can win.
First, among the motivations I have heard for leaving Iraq are:
1)There is no compelling national security interest for staying (other than securing oil fields).
2)Our troops are caught in the middle of a civil war that our presence is exacerbating.
3)The war is a waste of our tax dollars, our soldier's lives, and national prestige.
4)We are creating more recruits for terrorist groups with our continued occupation than our efforts are killing.
You hear: "surrender" and "retreat and defeat". That dog whistle must be pitched pretty high, because I have a good hearing range.
Next, your thesis implies the slander that our troops killed, injured, and displaced is over 10% of "the subject population" and withdrawal of our troops would stop this decimation. The enemy has been doing the overwhelming amount of killing and injuring and all of the displacing in Iraq. Do you really think that this would stop or even decrease if we surrendered Iraq to the enemy?
Implied slander? How slanderous!
If anything caused the death, injury, and displacement of 10% of the Iraqi population (remember, the Roman empire came up with the term decimation--what kind of people/empire would conceive and implement a word that means killing one in ten people), it was not our troops, but our invasion and failure to handle the aftermath. That was not a troop function, but a leadership function. Which ties back into this post, which is about what steps our leader can take without restraint from the rest of the government and the people. If he messes up, and fails to acknowledge his mistakes (or even realize that he's made any), then it is the troops on the ground, and the nation in general, who will pay the price.
And the enemy you mention. From what I have seen reported, the people who are killing the Iraqis are--other Iraqis. Sunni vs. Shia. Sunni vs. Sunni. Shia vs. Shia. AQI vs. the others (less than 5% by number, but seems about 90% of the focus by us). So you are basically implying that all Iraqis are our enemy.
I do not ignore the fact that when we withdraw, that there will be further deaths, of an unknown number, as the various tribes, factions, and religious groups in Iraq fight it out. You continually imply that war opponents think that everyone will shower each other with flowers when we leave. (Or when we arrive--I forget whose conceit that was.) However, by failing to attempt to create a diplomatic and political solution, not only with the Iraqis but also with the other powers in the area (Iran, Syria, Saudi Arabia, etc.), we are predictably going to make it worse when we leave. Again, a leadership function, as the troops who are dying are not going to be able to arrange regional intervention while dodging bullets, I.E.D.'s and mortar rounds.
If the President pushes us towards failure in war, there is little the rest of us can do about it. Except, of course, defunding the war, but even that didn't stop the Reagan administration, and the current crop of enablers are generously poisoning that option by claiming it is unpatriotic to stop a bad war. Which is why I brought up Athens. If the people speak, they should be listened to. And they've been speaking about ending this war for some time. But someone hasn't been listening, and he's been holding the reins of power for too long.
(BTW, please read The March of Folly by Barbara Tuchman. It's very applicable in this situation.)
What you are dancing around in this semantic drill is that fact that the Dems are calling for both retreat and defeat. A withdrawal can come after a victory or a defeat. Thus, the term "withdrawal" alone does not communicate to the listener the defeat part of the Dem plan, which is an intentional omission.
This rests on a shakey premise. "Victory" and "defeat" are not self-evident terms here. For instance, one could say that the "victory" was removing Saddam (indeed, didn't the Bush Administration fly that banner that said "mission accomplished"?) and that Democrats are advocating withdrawal because we have already won.
Or one could say that "victory" means installing a democratic government that is stable, a friend to Israel, and a friend to the United States, and rules over a country at peace. That was clearly one of the original military objectives, but it is never going to happen. In that case, the Democrats are advocating withdrawal and defeat, while the Republicans are advocating that we stay and continue to be defeated indefinitely.
Or, perhaps "victory" means defeating all the insurgents (which include, but are surely not limited to, Al-Qaeda in Mesopotamia). If that is the definition, then its a subject of debate whether the Republicans' plans can ever get us there.
Or perhaps "victory" means partition. Or something else.
In each case, whether you want to say that the Republicans are advocating victory and the Democrats defeat depends totally on what today's definition of victory is.
(And by the way, the Bush Administration has stopped talking about victory entirely. They now say "success" instead.)
The real point, however, is that the Democrats are NOT advocating surrender. They are advocating that we withdraw from what they see as a quagmire. And in the real world, one can't draw the clear definitions of victory and defeat that you wish to.
Dilan said...
BD: What you are dancing around in this semantic drill is that fact that the Dems are calling for both retreat and defeat. A withdrawal can come after a victory or a defeat. Thus, the term "withdrawal" alone does not communicate to the listener the defeat part of the Dem plan, which is an intentional omission.
This rests on a shakey premise. "Victory" and "defeat" are not self-evident terms here. For instance, one could say that the "victory" was removing Saddam (indeed, didn't the Bush Administration fly that banner that said "mission accomplished"?) and that Democrats are advocating withdrawal because we have already won.
Some of the brighter folks on the left have attempted to make the argument that we have already won the war and should withdraw in victory. It is true that the military has accomplished all of the prewar goals - Saddam deposed, a friendly democratic government elected and an Iraq out of the business of making WMD and sheltering terrorists. Of course, we have fought two different wars in Iraq - the initial conventional war, which we won quickly and decisively, and the subsequent terror war, which has taken much longer and in which we only recently started to show progress. We have not yet won the second war, but we are clearly on the path to doing so if allowed by the civilian leadership.
If the Dems had taken the tack that we have already won, they may have prevailed in an argument to bring the troops home. Folks want the troops home, but not in defeat.
However, the Dem left's template is Vietnam and military defeat, Thus, they made the substantial strategic political error of becoming invested in military defeat in Iraq, the same error which made them the Mommy Party after surrendering Vietnam and condemned their Presidential candidates to a nearly constant minority status because voters do not trust them to defend the nation.
Or, perhaps "victory" means defeating all the insurgents (which include, but are surely not limited to, Al-Qaeda in Mesopotamia). If that is the definition, then its a subject of debate whether the Republicans' plans can ever get us there.
Victory in the second terror war means leaving Iraq as a viable military partner in the war against Islamic fascism. The Islamic fascist movement will not be going away for a long time. Using complete peace as the war objective is intentionally meant by the anti war left to make achieving victory impossible and thus buttress their claim that the "war is lost."
The real point, however, is that the Democrats are NOT advocating surrender. They are advocating that we withdraw from what they see as a quagmire.
Please. There are three reasons to withdraw:
1) We have won the war in Iraq and are coming home in victory. By the use of the term quagmire, you and the Dems do not think this is the case.
2) Because the enemy has militarily defeated our forces and we are compelled to withdraw to save the survivors. This is plainly not the case. The enemy has never defeated one of our units down at any level, which is extraordinary and a first time occurrence for a war of this length.
3) Because the civilian leadership if forcing a military which has never been defeated on the battlefield to retreat and surrender the battlefield. A surrender is a discretionary defeat and that is precisely what the Dems and you are arguing for.
"Unless we're not a democracy, and the will of the people, and their representatives is less important than the will of one man in the pivotal seat of power."
The United States isn't a democracy, it's a republic. The people don't make decisions directly, we choose who will make those decisions for us. I'm not bringing this up just to be pedantic, it has a real bearing on this argument.
The President was elected, and that gives him the right to decide what actions he will take as long as he holds that office. The same goes for all the Senators and Representatives in congress. None of them have any obligation to follow "the will of the people". Indeed, if what is right and what is popular diverge, an elected official ought to do what he or she thinks is right rather than caving to public opinion.
I'm hitting two separate points here: (1) the US needs to end its status as an occupying power in Iraq ASAP; and (2) the most effective means for Congress to end the military occupation of Iraq is to initiate hearings on one or more resolutions to impeach Bush & Cheney simultaneously.
First, TO Bart & Dilan -- consider adjusting the focus of the lens for viewing Iraq: that is, start out with the legal term that defines the US status in Iraq. Under international law, the US is an "occupying power."
An occupying power does not "win" or "lose" an occupation -- it starts and occupation and later ends it. It is critical that the US end its status as an occupying power as fast as it can. To end the status as an occupying power, the US needs to withdraw a lot of troops, ASAP. This is probably the analysis that Admiral Fallon and his staff at CENTCOM are planning for and hoping to implement.
If anyone in the congressional hearings addressed the problem in this framework with Petraeus, I missed it. I hope the failure was with media coverage -- if there was not a single supporting congressional staffer who suggested this framework to her boss, that means the entire Democratic Party is hopelessly incompetent in hiring staff with relevant foreign affairs knowledge or experience.
Second, to those posting about the dilemma of the Democrats in Congress as to funding the continued military occupation of Iraq, starting hearings on Articles of Impeachment is the only way that the majority party can take the initiative away from the Numbskull-in-Chief.
The public overwhelmingly wants the troops HOME, ASAP. Two thirds of the public don't even THINK about believing anything the President or Petraeus says about Iraq any more. The punditry is full of horse manure in thinking that Bush has strong public support for continued funding of the military occupation, and Joe Biden is equally mistaken in thinking that Congress would be blamed by most of the public for "cutting off funds."
The President is an executive, and an executive usually has to recognize many restraints imposed by limited resources. The President has already acknowledged that the surge is ending -- and it is widely known that the surge is only ending because there are not enough troops available to keep force levels in Iraq above 130,000.
Regardless of what Bush thinks, God has not decreed that Bush must be given sufficient funds to keep every available soldier in Iraq as long as the president wants to. Any private business CEO knows that if the Board refuses to raise more funds by sales or by incurring debt, the CEO has to live within the available funds. No private corporate board would put another penny into a venture that was failing as badly as the occupation of Iraq!
Almost half the public supports impeachment of Bush, and more than half supports the impeachment of Cheney -- unless those numbers have risen in the last couple of months. If measured language were used to frame Articles of Impeachment that simply stated the major wrongful acts that Bush and Cheney have already admitted publicly that they have done, by the end of the hearings, 60% of the public would support impeaching Bush and 70% would support impeaching Cheney. The same percentages would support removing each of them from office, since the lay understanding is that impeachment means removal from office.
Could these villains be removed from office by the Senate? Are there 16 votes among the Republicans? There are not now, but if my projections are on or close to the mark about public sentiment after hearings on Articles of Impeachment, there very well could be. The Republicans currently occupy 21 or 22 Senate seats that are up for election in 2008. If public sentiment broke strongly in favor of removal of Bush and Cheney from office, a lot of Republicans in contested seats would feel a great deal of pressure to replace the administration with a caretaker president.
Politically, I postulate maneuvering similar to the jockeying that occurred when Nixon was under Congressional investigation and Vice President Agnew (remember good old Spiro?) was under criminal investigation for continuing to take bribes from contractors from jobs they were doing in MD after Agnew became vice-president. If Mitch McConnell told Bush and Cheney that there was an even chance that enough Republicans would support removal to take them out of office, one of two things would probably happen. Either (1) a deal would be struck whereby Cheney would resign, Bush would appoint an acceptable Republican as replacement Veep, then Bush would resign, etc. [EXACTLY the sequence of events that occurred to remove first Agnew, then Nixon.] Or (2) Bush and Cheney would unleash such a barrage of sleaze to try to stay in office by attacking the Democrats that public opinion would break even more strongly in favor of removal; then a deal similar to (1) would be struck.
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Books by Balkinization Bloggers
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
Balkin.com homepage
Cultural Software
The Information Society Project
Useful Links
Syllabi and Exams


text:
PARIS (AP) — Three former French soldiers were convicted by a Paris jury Friday and another one was acquitted of murder-related charges in the 2005 suffocation death of a suspected Ivory Coast gang leader. The three who were convicted, however, won't serve prison time.
Firmin Mahe died when a plastic trash bag was put over his head and taped to his neck while in custody inside a French armored vehicle seven years ago. French forces were deployed across the middle of the African country at the time to prevent clashes between northern rebels and Ivorian troops in the south.
The case has raised questions about alleged confusion about military orders passed down the ranks. A subsequent cover-up shook the French military. A Defense Ministry spokesman said the convictions were the first in decades involving the deaths of an African national at the hands of French soldiers.
Friday's verdict could have repercussions for France's post-colonial image across Africa, where thousands of French troops are still stationed today, including in Ivory Coast, under bilateral or international accords.
Outside the courtroom, about a dozen protesters shouted their anger that the soldiers would not do any prison time — some draping plastic trash bags over their heads or yelling "Shame on France."
Col. Eric Burgaud, on trial for complicity in murder, was given a five-year suspended sentence for having sent a "clearly illegal order to kill" to the soldiers inside the vehicle, according to a printed summary of the court's reasoning. Chief Warrant Officer Guy Raugel, who wrapped Mahe's head in the bag, was given a four-year suspended prison sentence.
Mahe was injured on May 13, 2005, during a firefight with French forces, and taken into custody. Burgaud relayed what he allegedly believed was an order that Mahe was not to arrive alive when transferred to the town of Man. Mahe was suffocated while handcuffed and suffering a badly injured leg in the back of the vehicle.
Cpl. Johannes Schnier, who held down Mahe, was given a one-year suspended sentence for complicity in murder. The vehicle's driver, Cpl. Lianrifou Ben Youssouf, was acquitted of charges of not intervening to stop a crime from being committed.
Two years ago, a Paris military court dropped charges including "complicity in murder" against Gen. Henri Poncet, then the commander of France's 4,000-strong peacekeeping force in Ivory Coast. Poncet repeatedly denied any role in the killing or claims that he had subtly transmitted an order for Mahe to be killed.
The trial that ended Friday was conducted in criminal court, not a military court, as part of a recent change in French law regarding cases involving soldiers.
Raugel always admitted to having suffocated Mahe, and "defended the legitimacy of the order in his eyes," the court said. Burgaud never denied his role, but claimed that Poncet had implicitly ordered the killing — and relayed that order to the men in the vehicle. Mahe was believed to be a member of one of the gangs behind the deaths of at least two dozen civilians.
The court, in its reasoning, pointed to attenuating circumstances in the case — including the complexity of the situation in Ivory Coast, the limits of the international mandate that authorized the French presence, and the "powerlessness" of the U.N. peacekeeping mission to arrest gang members who repeatedly blocked off roads in the area.
"I think this is a just decision. The court understood the distress of these French soldiers who were sent to Ivory Coast in the spring of 2005, and were confronted with barbarity," said Alexis Gublin, Burgaud's lawyer. "Their choices were illegal — that's why they were convicted today — but the court saw very broad attenuating circumstances."

subset: commoncrawl


text:
You can't beat a system you can't understand
This could be the shortest column ever written, because only one thing that I know of scares me to the point of unspeakable terror . . . Snakes. There - I said it, and I'm starting to sweat. I hate snakes. I do not dislike snakes. I hate them with an unreasonable passion.
I know - you don't have to tell me. My fear of snakes is without doubt or argument, irrational. Nonetheless, being anywhere in proximity to the slithery creatures causes me to hyperventilate.
Writing about them might be therapeutic and help me get over my snakaphobia, or so I thought. I was wrong. Actually, the word for people like me, who loathe snakes with a preposterous fear, is ophidiophobic. However, I think ophidiophobia is much too difficult a word to remember or pronounce, so in my book, snakaphobia will do nicely. Snakaphobia is a perfect, all-encompassing term that will work for anyone who hates snakes as much as I do.
Whether my fear of snakes is reasonable is of little consequence, it is not unfounded. I have good reason to dislike snakes. They have not treated me kindly.
People who say that poisonous snakes are more afraid of us than we are of them have not had the misfortune to inadvertently annoy a copperhead, rattlesnake or water moccasin. I assure you, if you are on the wrong side of their testy dispositions, they will make you pay.
I know this because I have been bitten by all three poisonous species. That's right - three different snakes on three different occasions have viciously attacked me for about a thousandth of a second each. That's how fast they are. It's over in a flash, and it hurts. At first, it feels as if someone punched you. But an hour later, trust me, if you are bitten, you'll hate snakes too.
The oddity here is that most people don't even know a person who has been bitten by a poisonous snake. Think about it. Ask your friends; you'll find this to be true. Nonetheless, I have been bitten three times. I am beginning to feel as if the snake community is singling me out. The odds against being bitten by a poisonous snake are enormous.
The first two experiences I will forgive because I was in their territory. The last snakebite was significant because he was on my front porch at my house in Fort Lauderdale, Florida. Can you believe it? A water moccasin was stretched out in front of the door enjoying the shade on a hot summer day. I walked out the door carrying an armful of packages, didn't see him, and stepped right on him, apparently in mid-nap. He was not happy.
I was wearing a pair of shorts and flip-flops, as many Floridians do in the middle of summer, so my legs were exposed. He bit me right on the calf. Had I not jumped away, he would have bitten me again, because he instantly coiled, ready to pounce.
When a snake bites you, the first reaction is to run. Having been bitten before, I knew not to do this, because the consequences of speeding up your heart, which has already sped up as a result of the shock, are severe.
As calmly as I possibly could, I walked to my car and drove to the nearest hospital, which was about a mile away. I walked into the emergency room, went to the window and said "snakebite." The nurse immediately took me inside. A doctor was there in an instant. I cannot deny that the service was superb.
Any stories you have ever heard about what they do to you in case of snakebite are probably not true. Snake venom is powerful stuff, so think about how strong the antivenom they inject into your unsuspecting veins with needles the diameter of the average exhaust pipe has to be to neutralize it.
According to the medical profession, "antivenom serum is the only effective treatment for envenomation after snakebite." How comforting. Unfortunately, it is so strong that "acute adverse reactions to the serum are common and may include anaphylactic shock." That's medical talk for you could start twitching and flopping around wildly on the floor after they stab you a few hundred times with the needles containing the antidote.
After the treatment, the doctor asked a few questions, one of which was, "Do you know the species of the snake?" I told him it was a water moccasin. He then asked me how I knew. I said, "I read his identification tag." The doctor gave me one of those, "Oh, we have a wise guy here," doctor looks and then asked if I brought the snake with me.
"Of course," I replied. "He's waiting in the car. He was kind enough to drive me over." The doctor was not amused. I have no idea why he needed this information, but he appeared to be intensely interested in my answers.
Anyway, I have written my allotted number of words for the week. You know why I hate snakes, and I know you care. So I will close with: People who keep poisonous reptiles as pets are not exactly sick, but they are definitely not well. They are just part of that system we can't understand.


text:
PONTIAC, Mich. (AP) — A man accused of trying to break into musician Kid Rock's suburban Detroit home has been sentenced to at least 46 months in prison.
Brian Keith's sentence Wednesday was enhanced because of his previous criminal record. He recently pleaded no contest to attempted home invasion, malicious destruction of a building and malicious destruction of personal property at Kid Rock's home.
Security cameras show a man ramming the gate at the Clarkston home on July 31. Kid Rock was away at the time.
The 43-year-old Keith apologized in court and blamed his behavior on bad choices and substance abuse. Defense attorney Douglas Oliver said Keith believed it was the home of someone who owed him money.
Kid Rock — born Robert Ritchie — didn't appear in Oakland County court.


text:
VANCOUVER — I can't believe I even have to post this, but considering what one major Canadian media entity has been reporting since last night, you have to do what you have to do.
Yesterday Bruins head coach Claude Julien mentioned that if the doctors would let him play that Nathan Horton would suit up for tonight's Game 7 of the Stanley Cup Final at Rogers Arena. He meant that phrase just to show how dedicated the concussed Bruins forward is.
Over the hours after that statement, Rogers Sportsnet began to report that Horton was begging the team to let him play. When a question was brought up to Julien about that speculation today, he shot down the notion in a hurry.
"Let me cut your question short. Absolutely no. It's ridiculous. So let's put an end to that," said the coach.
Horton is on hand in Vancouver to help inspire his teammates. But you can end your dreams of him being a Game 7 hero for the third time these playoffs.


text:
Hi guys
Firstly, a big thank you to the people who ported this for the N800 - I've loved playing DOTT and Monkey Island again after so many years.
However... I did something very foolish. In a mistaken attempt to really fill the screen (instead of just living with a small black border round the image) I increased the Graphics Mode to 3x.
ScummVM immediately crashed. So be it I thought - except I've not been able to get back in to correct my mistake!
I have uninstalled/reinstalled many times using the App Manager. I've also navigated to the app directory (usr/games) using Xterm and tried to run the file directly with some of the standard command line options from the PC version, but it crashes the terminal program as well!
Somehow, despite uninstalls/reinstalls and clearing *all* user data/restoring application defaults (with the function in Control Panel) ScummVM is remembering the screen setting I last used - and crashing before I can change it back to something sensible.
Please forgive my stupidity and point me to where the setting lies - or a way around it!
I'd be very grateful for any help. Thank you.
(By the way, although I remember much about boot discs and Himem etc in DOS I know almost nothing about UNIX. It took me an hour to figure out how to use the Xterm program, so please be gentle)
You probably need to delete the config file -- unfortunately, I do not know where that is located on the N800, but try searching for a file called "scummvm.ini", or ".scummvmrc" (might be in your home dir, hidden), and then delete or edit that file to get rid of the 3x settings.
Finally, it's definitely a bad bug in ScummVM (or SDL, depends) to let you get stuck this way, and not a sign of stupidity, so relax .Last edited by fingolfin on Tue Jun 26, 2007 1:10 pm; edited 1 time in total
rm /home/user/.scummvmrc
or edit it
vi /home/user/.scummvmrc
go to gfx_mode=.... line, type dd (two d's) to delete this line, than two Z's (Caps+zz) to save file
Thanks very much/Danke schön, both of you, for the quick response. I'll try your suggestions when I get home.
Ok, have come home, turned on 'Show hidden files' and there it is! The culprit shows itself. Removed and all is now working.
Thanks very much for both your help!
I've got 3 very dull trips to London in the next week so this will keep me very entertained.
Thanks again! Very much appreciated!
just wanted to thank you as well. this was bugging me for days, and was such a quick fix...
btw, nym, if your name is a play on Noam Chomsky, that's pretty cool.
thanks again, fanoush, you saved further head pounding...
quote: Originally posted by trubyebtw, nym, if your name is a play on Noam Chomsky, that's pretty cool.
probably a play on Nim Chimpsky ( http://en.wikipedia.org/wiki/Nim_Chimpsky ) which itself is a play on Noam Chomsky
quote: Originally posted by trubyebtw, nym, if your name is a play on Noam Chomsky, that's pretty cool.


text:
Rita's daughter, Sasha, is married to Greg Pauling. Greg is a great guy and together they made a wondreful child – Alexi , born July 23, 2003. Here are a few pictures of this branch of the family. We hope you enjoy them, we certainly do.
The Background Picture is a copy of a charcoal we had done in Chiang Mai -Thailand on our visit there in Jan 2004, It was done using a photo we brought along. The reproduction artists in Chiang Mai are very good craftsman.
Click on your browsers back button to return to the previous page.


text:
Athlete of the Month: Keene's Ledwith gives Grade 'A' performancesBy KEVIN GRAY
New Hampshire Union Leader
March 18. 2013 9:35PM
Wave-making, record-breaking swimmer Drew Ledwith of Keene, who led Keene State College to a New England Intercollegiate Swimming and Diving Association championship, was selected as the February Athlete of Month as voted on by the New Hampshire Union Leader Board of Judges.
Ledwith, a junior, posted an NCAA "A" standard qualifying time in a 500 freestyle race at White River Junction, Vt., while setting meet and school records. The Keene native etched his name in the KSC record book with times of 4 minutes, 27.29 seconds in the 500 free and 15:19.79 in the 1,650 free. Ledwith, 20, also teamed with freshman Cole Hogg of Manchester, junior Jared Hyde and Shahar Resman to record an NCAA "A" cut qualifying time, meet and school record in the 800 free relay (6:40.59).
Ledwith is the top seed in the 500 and 1,650 at the NCAA Division III Swimming and Diving Championships on Wednesday through Saturday in Shenandoah, Texas, this week.
"This team and program climbed to an amazing level," he said. "We knew going in that we'd be racing against the clock in many of the races, and we were able to find a way to pull it off. I've never been more excited than after we got an 'A' cut in the 800 free relay. We've never done that before."
Ledwith, a math major, received 32 points in Athlete of the Month voting. Bishop Guertin of Nashua senior Betsy Garnick, who led the Cardinals to the NHIAA Division I girls' indoor track and field championship for the 11th straight time, received 24 points. University of New Hampshire junior basketball player Kelsey Hogan, of Nashua, earned 22 points following a productive month for the Wildcats. Others receiving votes included New Hampshire Technical Institute basketball player Allura Leblanc (19 points) from Coe-Brown of Northwood and Cornell University junior goalie Lauren Slebodnick (11 points) of Manchester.
Ledwith, a three-time Division III All-America, will dive into the water as the No. 1 seed in the 500 and 1,650 freestyle races this week at the NCAA Championships at the Conroe Natatorium in Texas. KSC coach Jack Fabian said he has never seen Ledwith swim with so much confidence.
"I think Drew is ready to take the next step," Fabian said. "The first year he was there (at the NCAAs), he struggled a little bit but swam much better last year. Now he has some experience. As a coach, you just hope you're doing all the right things and he's going to swim better than ever."
Previous 2013 Athlete of the Month winner: Sean Doherty, Conway, biathlon.
To submit a nomination for future Athlete of the Month consideration, email the Union Leader Sports Department at email@example.com and enter "Athlete of the Month" in the subject line.


text: Carl Sandburg dedicates his American Songbag to the "Unknown Singers": the people who lived and died, having sung, but who are now unsung. They live on through the tradition they carried and passed along. Not only did Carl Sandburg collect and record the music of the people, the unknown people, he also dedicated himself to speaking to them and to speaking for their cause. He wanted to unite common men to work toward their mutual benefit. Early in his career, before the Chicago Poems propelled him to greater recognition, Carl Sandburg worked as a lecturer and activist, always with the people as his cause and concern. In this event, we hope to celebrate the music that Carl Sandburg collected, the speeches he gave, and, of course, the poems he wrote. As part of the Champaign-Urbana Folk & Roots Festival, please join us to celebrate Carl Sandburg and the unknown people he championed throughout his life and work.


text:
Cloud architecture, The Cloud Service Provider landscape – Hyperscale, Consumer Cloud, B2B, Telco, and Private Cloud – continues to evolve towards innovating services for elastic infrastructure, SaaS & business-critical applications, and consumer-oriented services. For cloud services to prosper, the appropriate storage infrastructure building blocks must be leveraged to enable high-performing and differentiated offerings. Cloud service providers can leverage the broad SanDisk portfolio of flash storage solutions for infrastructure scalability and performance, along with the ability to control CAPEX and OPEX.
Cloud architects designing public and private clouds must satisfy business needs while meeting cloud infrastructure scale, performance, and agility requirements. One challenge often faced is migrating existing workloads to public cloud services. Analyzing application portfolios, identifying dependencies and common infrastructure platform components, and assessing migration feasibility with an eye to establishing shared IT service centers for cloud operations are core requirements. However, cloud infrastructure must frequently be designed to support both traditional enterprise applications and next-generation cloud-native applications with very different I/O patterns.
Cloud IaaS and PaaS infrastructure can provide the launchpad for application innovation but must meet varying service- and application-specific performance requirements. Persistent tiers, both flash and HDD, in cloud infrastructure must satisfy consistent throughput, latency, and performance isolation requirements over time. With the understanding that more workloads are moving to flash every day, cloud architects must consider that flash memory performance is heavily workload dependent, with performance variance over time based on block size, random versus sequential I/O, read versus write patterns, temporality, and data throughput requirements. Further, IaaS and PaaS today run mixed workloads with varying application I/O patterns. As a result, cloud architects must build out cloud infrastructure with both existing workloads and new applications in mind, running proof of concepts accordingly.
Four disruptive forces are driving change in the datacenter storage infrastructure: cloud architectures, software-defined storage, the convergence of compute and persistence, and the growing adoption of flash memory. Storage capacity for public cloud infrastructure will grow at a 37.2% compound annual growth rate (CAGR) through 2019, while enterprise storage capacity for traditional IT will grow at a more modest 26.9% CAGR (see Figure 1). However, with this capacity growth comes a shift away from the use of commercial SAN and NAS appliances to server-based shared and shared nothing storage architectures that leverage internal or DAS JBOD. The rise in software-defined storage approaches comes as a result of increased focus on cost reduction, automation, and lock-in avoidance, in particular among cloud builders. Last, the growing need to reduce network latency and increase IOPS has fueled adoption of flash memory in server and storage architectures, bringing application processing, analytics, and persistence closer together than ever before.
Figure 1. Worldwide Storage Capacity by Deployment, 2014–2019
Source: IDC's Worldwide Quarterly Cloud IT Infrastructure Tracker, 3Q15
While a large part of IaaS adoption today is supporting existing workloads, cloud architects must design cloud infrastructure to support existing as well as new application use cases. Cloud infrastructure, either IaaS or PaaS, provides the stem for innovation in the cloud. This innovation is materializing through approaches and processes such as database as a service, analytics in the cloud (analytics as a service [pay as you go]), DevOps, real-time data processing, data lakes, and newly developed applications supporting Internet of Things (IoT) initiatives. Cloud service providers (CSPs) that do not provide customers with the ability to use cloud infrastructure as a launchpad to further developments, insights, and offerings will quickly find themselves sidelined.
While flash performance is workload dependent based on block size, random versus sequential I/O, read versus write patterns, and data throughput requirements, the following trends share a set of common requirements that lend themselves to greater use of flash memory:
These requirements point to the greater use of flash, which is increasingly used in the cloud by IaaS, PaaS, and SaaS providers alike. Persistent tiers in cloud infrastructure must meet predictability, throughput, latency, and performance isolation requirements, including consistency in IOPS. Flash memory performance is heavily workload dependent, with performance variance over time based on block size, random versus sequential I/O, read versus write patterns, and data throughput requirements.
Another cloud requirement of flash is the ability to set and enforce performance tiers (this allows CSPs to charge more for a premium service that they know for sure they can provide). "Temporality" is a factor in cloud environments. A greater occurrence of hotspots that migrate around in cloud infrastructure with unpredictable workloads means that even if you've highly tuned an infrastructure for a certain I/O profile, that profile changes dynamically in cloud infrastructures more often based on the fact that you've consolidated varying workloads on virtual infrastructure.
The economic model of public cloud IaaS/PaaS places enormous cost pressures on the service provider. Offering a pay-as-a-you-go pricing model requires ongoing cost optimization analysis and implementation by the cloud architect. This has brought about new approaches to designing and building infrastructure, including moving away from an "appliance/branded systems" approach to a self-built software-defined infrastructure. It has also resulted in greater focus on storage efficiency including RAID optimization for performance, cost, and density. Leading IaaS providers are offering multiple compute instance volumes using RAID-0 disk striping to increase aggregate IOPS or improve sequential disk throughput in conjunction with value-added cloud services, snapshots, and availability zone replication to protect customer data sets.
Many new applications being developed to run in the cloud are employing NoSQL, schemaless databases where time-sensitive I/O completion is paramount. While the use of NoSQL is common across customers, the I/O pattern of NoSQL workloads will differ based on use case — varying from small block, random reads to large, sequential writes of streaming media, for example. Cloud architects must select an underlying persistence tier that can satisfy NoSQL small, random reads and the write streams of NoSQL logging/journaling and indexes.
A longstanding hurdle in datacenter infrastructure and one that is exacerbated in virtualized, shared cloud environments is the I/O bottleneck. Optimization of the CPU utilization resulted in the need for I/O optimization. The use of flash has been a game changer for application developers in eliminating storage I/O as the bottleneck in achieving IOPS and latency objectives. Consider a game developer using IaaS/PaaS to write the next "Candy Crush." The I/O pattern for mobile gaming is lots of small block reads and writes, with the need to adjust for and minimize latency. The sheer randomness of the I/O combined with the variability in the number of concurrent users itself makes latency a paramount concern in this workload. So, while IOPS and throughput are important for many use cases, latency avoidance is mission critical in consumer gaming applications.
Internet of Things Applications
At the root of IoT value is the collection, processing, and analysis of data generated by sensors and actuators embedded within an IoT device. IoT endpoints are performing real-time data capture, collection, and event processing. In IoT applications, scalability, network bandwidth, and response times necessitate a distributed approach. Given the sheer volume of data that IoT devices are collecting, it becomes practical for these devices to perform some level of data processing locally to minimize the amount of data that has to be transmitted across wide area networks. However, distributed IoT data must be transmitted to a centralized application using secure methods. This includes ensuring the authenticity of the data from the sensor to the collector and the eventual transmission from edge to core to datacenter cloud infrastructure. The IoT application must be designed to ensure secure authentication, authorization, policy/control, monitoring, and analytics routines can run at scale in terms of data processing and analytics, supporting petabytes of data.
As it pertains to flash memory, there are several places for its insertion: First, in the endpoints themselves; second, in an edge data processing location where analog-to-digital conversion is performed; and last, in a centralized datacenter or cloud infrastructure. The IoT ecosystem is compute and data processing intensive and must support ingestion and analysis of large volumes of IoT data. With the endpoints, flash memory must be industrial grade, reliable, and secure and provide as much endurance as possible. Flash memory will be embedded in IoT endpoints that must provide for a long life cycle, handle temperature variation, and support field programmability. In edge locations, where data analytics functions are performed, flash memory affords immediate insight and control of IoT devices and processes.
With IoT analytics applications, the underlying infrastructure must support distributed, commonly cluster-based application architectures with scaling of compute and storage independently. Persistence in the infrastructure is provided by both a performance flash tier and a higher-capacity HDD or SSD tier. Flash is used as a performance tier to support and provide real-time analytics on volumes of IoT-generated data. However, analytics processes must be consistently performant at scale, even while background infrastructure processes such as garbage collection are performed. For IoT to provide immediate insight and take action on endpoint processes, analytics must run close to where the data is collected, while more complex analytics necessitate persistence of IoT data and distribution of it to a centralized cloud infrastructure for deeper computation and analysis.
Enterprise Data Lakes and Hadoop
Finding the value in large volumes of unstructured data is increasingly an imperative for any organization. New types of data, both machine and human generated, include IoT sensor data, Web logs, click stream content, and social media data. To mine this data for insights, Hadoop analytics clusters are complementing existing systems of record such as data warehouses and traditional relational database systems. To satisfy a growing need for real-time processing, in-memory databases such as SAP HANA are complementing traditional databases. The volume of data in and across these systems necessitates a scale-out approach to analytics, compute, and data persistence processes.
Data lakes can be thought of as a corpus of unstructured and semistructured data collected and collated from different sources into a single, unified data pool. A data lake offers multiple access points for data on-ramping including standard network access protocols and RESTful object interfaces. However, more crucially, a data lake supports the storing of data in a manner agnostic to how it is moved into the repository and in a manner that makes it easier for adjacent big data workloads to analyze it. As such, data is stored using open standards rather than proprietary formats. In enterprises, data lakes can be considered a central storage repository for consolidating different types of data.
Data lakes must provide upstream tiering leveraging flash memory for analytics on hot data sets and downstream tiering to higher-capacity tiers. In short, the system should support data movement between tiers depending on I/O activity. While much of the data in a data lake remains on rotational media today, flash is needed to serve queries on hot data and increase IOPS in MapReduce processes. And increasingly, users are using flash not only in primary storage use cases such as block storage for analytics but also as a performance tier in large-scale object repositories.
NoSQL and In-Memory Databases
Traditional commercial and open source relational databases that have been in use for decades are now being complemented with hundreds of new types of NoSQL data stores. These new NoSQL databases include approaches such as columnar (i.e., Cassandra), document (i.e., MongoDB), and key-value (i.e., Riak, Redis) graph and object databases. Much of the innovation in these new databases is being spawned in the open source community, with commercial distributions to follow. While each approach is different, these NoSQL databases share the following: no use of a relational model and a schemaless approach as well as typically being run on clusters of compute resources. NoSQL schemas provide the application developer choice by using a particular database or database features best suited for a given application. The ability to improve I/O performance by handling larger data volumes, reducing latency, and improving throughput is the other reason NoSQL use continues to increase. In-memory databases such as SAN HANA and GemFire are also being used.
The sweet spot for NoSQL databases is in large data sets with high concurrency requirements. With this use case, performance is of paramount importance. To meet this requirement, many new NoSQL databases are being optimized for flash use. This optimization is occurring to allow the application architecture to keep up common demands including tens of millions of requests per hour, with nearly 100% of these requests completed in sub-5ms. While DRAM would meet these requirements, cost is a factor in today's cloud infrastructure. This is where the use of SSD comes in. In fact, most leading NoSQL services offered by Amazon and Microsoft are put on SSDs by default. These demands in NoSQL environment databases have resulted in a greater use of flash memory for caching and persistence to achieve consistently faster performance in application response times over high load.
Next-Generation Applications
The rise of mobile applications and social communications together with the proliferation of cloud computing has spawned the design and development of next-generation applications. These next-generation applications share a set of common attributes: They are designed to horizontally scale, tend to be stateless in nature, leverage open source software, and are designed to run on scale-out infrastructure. These applications are designed with cloud in mind — some run in a public cloud IaaS, while others run in a private cloud. These applications are increasingly composite based, run in containers, and leverage microservices. Designed to be distributed, the application itself, rather than the underlying infrastructure, provides for reliability and resiliency through the geodispersal of data.
The implication for the underlying infrastructure is the need for performance and capacity over resiliency. Performance is achieved through the use of a flash tier, with databases placed on flash block storage and the capacity tier placed on an object store. And while object stores have traditionally been HDD based, the capacity or content tier is now starting to be placed on flash as well.
Continuous Integration/Continuous Development and DevOps
The development of next-generation applications is complementary to the use of DevOps. DevOps is a methodology being used to develop new applications using agile, continuous integration (CI) and continuous development (CD) methodologies. DevOps is at once both a process and a team of people, both developers and operations staff that collaborate through the development life cycle when creating and operating a service. It's very common for next-generation applications to use a DevOps mentality in the building and running of the application. DevOps teams are often formed with line-of-business organizations, as opposed to centralized corporate IT, to build an application and get it to market quickly. Because the development and operations teams are so closely coupled, there is a tendency to use open source software in not only application development but also operations, specifically in the underlying infrastructure (i.e., OpenStack APIs, Linux, Ceph, and open source databases and middleware).
From a caching and persistence perspective, there is reliance on server-based storage with shared or shared nothing storage designs and leveraging of flash for the database tier and, increasingly, the object-based tier. Docker Swarm enables persistence for production applications for Linux container architectures. And there is growing demand for object stores with larger and larger data sets, in both object size (i.e., high-fidelity medical images) and the expanding storage of more objects, including larger rich media such as 4K video on-demand.
Database as a Service or Cloud Databases
With the advent of cloud computing, businesses are both moving existing databases to cloud infrastructure and deploying new databases on infrastructure as a service. Database as a service (DBaaS) is a broad category that spans different deployment scenarios. One option includes installing database machine images on rented, cloud-hosted server and storage resources. Application and database owners have access to database functions via standard database tools and manage the cloud-hosted database on their own. A different implementation of database as a service is where a service provider provides not only the underlying infrastructure but also the database engine of its choice. For example, Amazon AWS RDS provides users with a range of commercial and open source relational databases. These services include additional management functions such as database patching, backup, retention, geographic data distribution, replication, and recovery. DBaaS can span both SQL and NoSQL schemas; other examples include Google Cloud SQL, Microsoft Azure Cloud SQL, AWS DynamoDB, and OpenStack Trove.
Cloud databases can include both traditional RDBMS and new database schemas, including databases designed to run in shared cloud infrastructure while meeting scalability, availability, and reliability needs. Native cloud databases offer advantages such as increased scalability and accessibility, automatic failover, and fast, automated recovery. Common concerns with cloud-native databases include security and data privacy and data lock-in. In both the DBaaS approach and the cloud-native database approach, the use of flash memory can offer faster time to market or query result and greater use of resources including running of NoSQL jobs by the hour.
Analytics in the Cloud/Analytics as a Service
With applications and data increasingly running in the cloud, a natural extension is to run analytics functions in the cloud, in particular because of the compute- and volume-intensive nature of data analytics today. The leading motivator to analytics in the cloud is in leveraging the scale of cloud computing while accelerating time to insight or time to market. Cloud IaaS allows firms to leverage processing spends and capacity to process large volumes of data. Flash not only makes things run faster but also ensures that large jobs complete the first time they're submitted. Faster batch times allow end users to work with fresher data sets (they can be updated more often with flash when the batch time drops from 8 hours to 25 minutes), which lead directly to better business decisions and improved efficiencies. Analytics in the cloud allows an enterprise to pay by the hour, which makes opex more attractive than on-premises capex investments.
SanDisk datacenter flash solutions include SanDisk InfiniFlash and the SanDisk SATA solid state disk (SSD) portfolio. SanDisk has been a material flash memory supplier for close to three decades, and today, SanDisk datacenter flash powers the top 12 worldwide Internet properties and cloud providers. Cloud architects building native IaaS and PaaS platforms can also benefit from the architectural approach chosen by the largest public and private clouds in the world by leveraging SanDisk as both a technology and innovation provider and a business partner.
SanDisk's InfiniFlash System
SanDisk built InfiniFlash as a next-generation scale-out storage platform enabling the use of flash for high-capacity cloud environments where flash at scale was not economically feasible. From a price/performance perspective, InfiniFlash was designed to slot in between high-performance, high-cost conventional flash arrays and lower-performance, lower-cost HDD options. InfiniFlash not only offers better performance than HDD-based solutions for high-capacity storage use cases but also consistently delivers sub-1ms latencies with 99.9% quality of service (QoS). Further, the economic hurdles that have stymied the use of flash for secondary storage use cases are addressed with InfiniFlash. InfiniFlash enables rack-scale consolidation of storage. Higher-density configurations, enabled by compact packaging as well as storage efficiency services, combine with lower power, cooling, floor space, server, and licensing costs to deliver a reduced total cost of ownership (TCO) over alternative high-performance HDD offerings.
The architectural details of InfiniFlash include:
These benefits are driving the adoption of InfiniFlash into cloud use cases such as Hadoop clusters, NoSQL analytics, data lakes, Ceph performance needs, media streaming, and content repositories. Leading cloud deployments of InfiniFlash include Ceph block and object storage deployments for consumer cloud and telco OTT offerings and scale-out file-based storage with Nexenta and other distributed file systems.
SanDisk SATA SSD
SanDisk SATA SSD is a datacenter-grade 2TB SATA SSD based on NAND that is designed, engineered, and manufactured by SanDisk. The SanDisk CloudSpeed family of SSDs is optimized to manage transactional and mixed workloads –– to satisfy consumer- and enterprise-grade cloud services. To offer the database and application performance tiers of service, service providers can use CloudSpeed devices to increase compute storage density for efficient datacenter utilization.
CloudSpeed Ultra SSDs are optimized for latency-sensitive application and mixed-use workloads. For predictable, random I/O write performance, this flash storage solution works within existing infrastructure — the SATA interface — and can replace hard disk drives for lower TCO and better datacenter efficiency through server consolidation.
CloudSpeed Eco SSDs are optimized for read-intensive cloud workloads — video/media streaming and content repositories — where sustained data throughput is critical to satisfy end users of cloud services. Designed to replace high-capacity HDDs, CloudSpeed Eco Gen. II enables highly scalable cloud architectures for consumer and enterprise cloud offerings.
The architectural details of SanDisk CloudSpeed SATA SSDs include:
Application developers need to know 99.9% QoS write latency to accommodate application threads that work across compute clusters; average latency does not provide meaningful measures of predictable performance. 24 CloudSpeed SSDs in a two-socket server provide over 700,000 4K write IOPS with enterprise-grade reliability — a projected UBER of only 1 unrecoverable error in 1018 reads.1 Better UBER enables flexibility by some service providers to deploy RAID-0 for NoSQL and MySQL for performance; Availability Zones (AZ) replication and snapshots help ensure data protection. In short, any aaS is now mission critical, and zero downtime is expected.
CloudSpeed SSDs are used today across ecommerce, NoSQL database, and object store use cases. eCommerce requirements include predictable performance for transaction processing to avoid poor end-user experiences or abandoned shopping carts. SSDs used for NoSQL deployments are applicable for event processing with the acceleration of small, random reads across NoSQL databases and predictable performance for data stream writes. CloudSpeed SSDs support sustained throughput of over 500MBps per SSD, allowing two-socket servers to deliver gigabytes per second of throughput for applications like video streaming. CloudSpeed SSDs are also applicable for file sync and share, social media (end user–created content) repositories, and rich media files where access time matters. The benefits of CloudSpeed SATA SSDs in cloud deployments include a 99.9% QoS for random write latency based on a 4KB transfer rate. This enables application developers to create applications with reliable and predictable performance.
SanDisk has a 25-year history of flash technology innovation and production. Leading cloud service providers, known by consumers and IT professionals alike, leverage SanDisk datacenter flash to power their Internet properties and cloud services. And with the ongoing adoption of cloud services, these customers are one of the largest growing business units at SanDisk today. SanDisk and Toshiba have entered into a joint venture to run their own NAND chip fabrication. The benefits to the two companies as well as their cloud provider customers are the timely and quality production of NAND and the ability to retool for 3D NAND.
To support its datacenter flash business, SanDisk employs over 8,000 people across R&D, engineering, manufacturing, and supply chain and has over 5,000 patents worldwide. SanDisk advanced development includes ongoing research into 3D memory and innovations that increase flash memory capacity and make new devices possible. SanDisk also has resources for critical SSD flash firmware and SSD controller development to optimize NAND operations for latency, I/O, wear leveling, garbage collection, and endurance. Last, in addition to controlling NAND production, SanDisk also owns and operates its own manufacturing facilities. In short, SanDisk controls everything from the silicon up in design, development, and production.
While spinning disk still remains in most datacenters the same way tape does, there is an undeniable increase in the use of flash memory persistence and a decreasing role for rotational disk. This places flash as a strategic component of any datacenter strategy, but in particular for cloud service providers that must meet performance, automation, and economic requirements. SanDisk has recognized the importance of cloud services to drive the IT economy and works with leading cloud providers as well as Taiwanese ODMs to jointly deliver hyperscale infrastructure. SanDisk serves its customers with a direct sales force and a network of VARs, SIs, and channel distribution partners. SanDisk also has a track record of supporting traditional server and storage OEMs that serve traditional enterprises. This experience proves SanDisk's commitment to supply chain and SSD flash engineering road map timetables.
While it seems like a daunting challenge for a cloud architect to build the infrastructure to support a range of workloads, use cases, and I/O patterns, much insight can be gained by looking at what the top IaaS providers today are recommending for cloud infrastructure and the use of flash memory. There is an enormous opportunity for cloud architects not only to eliminate the I/O bottleneck but also to deploy flash as the underlying persistence tier; this allows customers to do things with their data that have never been possible before. The addition of flash memory to cloud infrastructure provides a foundation and platform for innovation for use cases such as:
The reality is that more workloads are moving to flash every day. This has been recognized and embraced by the leading IaaS/PaaS providers today. Cloud architects that design infrastructure with flash memory in mind are best able to capitalize on the cloud use cases identified in this white paper. The application-specific performance requirements of these use cases can be met with SSD- and PCIe-based flash deployed in both shared and shared nothing storage architectures. Persistent tiers in current and future cloud infrastructure will increasingly employ both flash and HDD to satisfy consistent throughput, latency, and performance isolation requirements over time. Flash memory deployed in cloud infrastructure will support mixed workload environments with varying application I/O patterns. SanDisk is a leading datacenter flash systems supplier that cloud architects should put on their short list when running proof-of-concept testing.
1. 1 recoverable error in 1018 bits read, per the JEDEC 64.8 specification, as stated on the CloudSpeed data sheet.
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Hello guys, I am facing a very odd problem, after sometime my keyboard is halted, no key is being pressed. what can be the reason. I have to restart my computer
Does the mouse work when this happens? have you tried a different keyboard? Can we get some details on the system? (hardware config, os etc.) We need details, details, details to help you out with your problem!
Edit: hehehhehehe sneaky little quickness... beat you by 4 minutes
When you say that your keyboard is halted, do you mean that when you press on a key nothing happens?
Due the lights on your keyboard, Num Lock, Caps Lock, etc., work?
And does your mouse work normally?
I guess what I'm asking is: Does anything else function normally, when your keyboard stops working.
What were you doing when it quit?
Also, please let us know what operating system you are using and information about your computer, such as: your processor, memory, etc.
The more information you can provide, the more likely we'll be able to help you.
edit: you were faster Grunt...
Connection refused, try again later.
Hi poppy~
Does this happen when you boot (startup) or whilst you are online?
Is this the same computer we talked about before?
When your keyboard locks how do you get it working again (a cold boot)? I will not reask all the ? but the ? asked from others will definately lead to an positive answer.
I don't know if this is your problem but I had a similar problem however I found out that a few pins on the keyboard plug were missing replaced the keyboard and everything was good.
- Adiz
Ultimately everyone will have their own opinion--this is mine.
OOOUUUUCH! <throaty sound> That ain\'t cool baby.</throaty sound> (right before this I had made fun of the \'girl\' and she took it out on my balls... Luckily later on they were \"taken care of.\"
thanks guys, this happend suddenly, but now It is ok, I think this was happening due to some unknown intruders in my system, I scan my system through "hijackthis.exe" software and remove all malware entries in registry, now its working fine.
thanks to all.
Sounds like someone was playing games with you vis a trojan?!!
Drugs have taught an entire generation of kids the metric system.
it may be, but it's ok now.
Glad to hear everything worked out. And hijackthis is great program as well. If you don't already have a spybot removal program such as Spybot S & D and Adaware, I would recommend to get one also. This will help you keep malware out.
Good Luck
thanks Relyt,
Forum Rules


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HARTFORD, Conn. (AP) — Organizers say a 5K to benefit the victims and others affected by the Newtown school shooting has raised more than $438,000.
Thousands of runners and well-wishers turned out for Saturday's run through the streets of Hartford, Conn.
The start of the Sandy Hook Run for the Families was preceded by a moment of silence as a solitary bell tolled 26 times in tribute to the children and educators killed when a gunman attacked the elementary school on Dec. 14.
Some 15,000 people were registered to run and thousands of others lined up along the route.
Gov. Dannel Malloy was among the runners. He called the run "an amazing and healing experience."
The charity run benefited the Sandy Hook School Support Fund administered by the United Way of Western Connecticut.


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"It's the interactive elements of games that make them so special and it is player interaction that truly separates games from film, but interactivity is a finite resource. Very few games allow you full control of more than one character, and often spreading your play time between multiple characters give you fewer options with each subsequent avatar you inhabit."
Actually in the Metal Gear Solid VR missions for Playstation 1. You could play as Gray fox through 1 or a couple levels.
(Nvm I read the article they mentioned this)
I really, REALLY HATE articles that make you click through each slide instead of having a whole list, or at least half per page.
Here's the list.
1. Alyx Vance - Half-Life 2
2. Garrus Vakarian - Mass Effect Series
3. The Merchant - Resident Evil 4
4. Gray Fox - Metal Gear Solid
5. Shodan - System Shock Series
6. Tom Nook - Animal Crossing
7. Tingle - Zelda Series
8. Bastilla - Star Wars Knights of the Old Republic
9. Sgt. Johnson - Halo 3
10. Lan Di- Shenmue Series.
I personally think this list, overall, is fail. I also find its lack of Jecht disturbing.


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Whether you're scoping out Carrboro as a potential new hometown, or just passing through, you're going to need a great place to stay. Thankfully, Carrboro has some excellent lodging choices. Let us tell you about them.
Smack dab in the middle of Carrboro's vibrant nightlife scene, the newly constructed Hampton Inn & Suites offers more than you might expect. Most notably, its LEED Silver certified, so you can rest easy, knowing that your temporary digs are eco-friendly. The styling is sleek and modern, and you might almost think you were staying in a trendy boutique hotel.
The Franklin Hotel just keeps getting better. The lobby is stylishly appointed, the service is as friendly as it gets, and the rooms are beautiful, quiet, and sumptuously appointed. The beds are swoon-worthy, and the free breakfast is a cut above what you might find at other hotels. Plus, it's close to everything.
Just a short trip east of Carrboro in Chapel Hill is the quaintly charming Carolina Inn. Southern hospitality is alive and well here, and the staff assures that guests want for nothing. If you're visiting UNC, this is a great choice, as it's right on the edge of campus. Guests rave about this historic hotel's well stocked bar, excellent food, and top-notch bath products in every room.


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The word myth in English comes from or is related to the word mother. Myth, mother, mater, meter, matter, time, music, mata, matrika, measurement, they're all the same word. They refer to the womb of creation.
He says the same thing on the twitter. It's completely untrue, but what bugs me more is that it's so easily checked. Take the Online Etymology Dictionary, a free online reference - it isn't authoritative but it's a very good place to start if you want to check things like this. The words mother, Latin māter "mother", Sanskrit māta and mātr̥kā "mother", and possibly matter are related to each other, from Proto-Indo-European *māter-. The words measure and meter are related to each other, from Proto-Indo-European *meh₁-. music is from *men- to think". time is from *deh₂- "to divide". The origin of myth is unknown.
I guess I know how this guy feels when Chopra says something silly about genetics or medicine.


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NetWellness is a global, community service providing quality, unbiased health information from our partners. NetWellness is commercial-free and does not accept advertising.
Friday, August 26, 2016
Bleeding and Clotting Disorders
Rh Factor
I have the Rh factor and my eldest son did too now he is expecting his first child is there any reason to be concerned? Can the baby have an Rh factor too? Should i tell him to inform the doctor?
The problems with the Rh marker on red cells typically relates to the situation if the mother is negative and the baby potential is Rh positive (i.e. the father). This is not a common situation but one that obstetricians handle on a regular basis. I would encourage them to discuss this with the obstetrician to see if this indeed is an issue.
Spero R Cataland, MD
Associate Professor of Clinical Internal Medicine
College of Medicine
The Ohio State University