Email Response Contest
by CBKWit on Jul 25, 2008 10:36 AM PDT
in General
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PrintThis gem appeared in a Berkeley Daily Planet article by our favorite Becky O'Malley yesterday:
"In a previous piece we used the German word lebensraum, literally “living space,” to characterize the university’s desires. A younger copy editor wasn’t familiar with the word. It has unpleasant associations with Hitler’s expansion of Germany into Poland, but it’s a concept that clearly describes the institutional tendency toward infinite territorial expansion in the name of progress."
Most of the BDP "articles" are a little out there, but this one was more crazed than usual. I took issue with the description of UC building on its own land as "territorial expansion" (not to mention the best use of Nazi's since Runnie Dub called a female UCPD officer "Adolf Hillary"), so I wrote the following email:
"Comparing UC Berkeley developing land which it owns to the Nazi occupation of Poland...classy."
to which I received the following response:
"didn't they claim to own poland too?"
Wow. I guess when you dig a hole, the best thing to do is just to keep on digging. Ragnarok felt it was a little predictable:
"Ah, you should have seen the 'property rights are an invention of the capitalist oppressors' argument coming a mile away from BDP. rookie mistake."
Obviously, there are many, many directions in which I could take a response, so I'm reaching out to our entire community for help. Hopefully we'll incite another response from the BDP to keep ourselves entertained on this joyous Friday. Snark away.
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What about:
UC Rules!
Oak Tree Drools!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Or:
UC = Marshawn Lynch
Oak Trees = Patrick Chung
by CalBandGreat on Jul 26, 2008 1:55 PM PDT up reply actions
I think i’m going to set up a news site mocking BDP on the domain www.berkeleydailyidiot.com. Shouldn’t be too hard to do, is it worth it?
i have a feeling
You’d run out of material pretty quickly.
I'm still wondering why the Nets didn't draft Leon Powe.
by yellow fever on Jul 25, 2008 11:07 AM PDT up reply actions
If that happens
PolarBear could just start copying and pasting actual articles from the BDP. Most of the drivel they publish is pretty close to self-satire already.
The Bear will not quit, the Bear will not die
Here is the text of the letter. Caution: PDF.
I dont know how to C+P PDF texts here.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Yknow, reading through the quotes in that story, the Council is trying to appease all. They talk tough and say they might get back into the appeal and it won’t cost them, but anything and man the UC still hasn’t been sufficiently precise.
But their actions basically give the game to Cal. The injunction will drop either on Tuesday or sometime in mid-August. Unless something revolutionary happens, the Council won’t get back into the game until it is too late.
They are trying to toe the line, but I think the protesters see through it. I’m happy, because its basically a Cal win.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
How about
Berkeley Daily Planet??
More like Berkeley GAYly Planet.
...Not that there’s anything wrong with that…
btw please tell me you got a picture of that Fidel Castro mural in the hallway?????
by Spazzy Mcgee on Jul 25, 2008 11:54 AM PDT up reply actions
Awww, you guys are besties now!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I would say that there is nothing that brings two people closer than surviving trauma together. And there is no greater trauma than a Berkeley City Council chamber filled with 100 hippies who do not “believe in” toilet paper.
by Spazzy Mcgee on Jul 25, 2008 12:20 PM PDT up reply actions
Apparently Manny Ramirez also
doesn’t believe in toilet paper.
I once asked a prominent relief pitcher to describe the most idiotic thing he had witnessed in the big leagues. “That’s easy,” he said, and launched into the story of a former teammate—an All-Star outfielder—who refused to use toilet paper. A clubhouse attendant supplied the player with a daily ration of hand towels, which, when soiled, would be flushed.One afternoon the reliever came in from batting practice to find the locker room awash in frantic maintenance workers. When he asked a plumber what all the fuss was about, he was told that a washcloth-clogged toilet had overflowed and was threatening to submerge the bathroom stalls. “Of all the dumb stuff I’ve seen that particular outfielder do,” the stopper told me, “that was the dumbest.”
That particular outfielder was, of course, Manny Ramirez.
"It's not my fault your team's so shitty" - every AL Manager to Bob Geren
by oaktownmario on Jul 25, 2008 12:41 PM PDT up reply actions
W. T. F.
And I thought Roberto Alomar was weird… Actually I still do.
by Spazzy Mcgee on Jul 25, 2008 12:48 PM PDT up reply actions
Noooooooooooooooooooooooooo, I was just on my way to post that here. BUCKWALD STRIKES BACK!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
The City Council is taking in the pants here. Fav parts:
In short, last night they stole democracy from us.
It apparently was against the law what they did, too. I have been told that, at the very least, they should have had copies of the letter available at the meeting, and should have allowed the public to know about them and view them. Also, this is just common decency.
Oh noes! They weren’t able to read the letter!
I will have more to say about this soon. I think many of us will. But we should all recognize the importance of the work we are doing. Besides revealing the value of these beautiful trees to the world, we are revealing the profoundly undemocratic nature of our own city government.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I’m suprised BDP didn’t put it in their police blotter….
July 25, 2134 Martin Luther King, Jr. Way, 8:45pm. Multiple victims report theft of Democracy. Case under investigation.
by Spazzy Mcgee on Jul 25, 2008 12:44 PM PDT up reply actions
How about
Yes but Germany lost WWII in 1945. The US won the Bear Revolt in 1848. What’s your point?
How's this:
History will absolve UC Berkeley just at it has absolved Fidel Castro.
That’ll confuse the crap out of them.
"It's not my fault your team's so shitty" - every AL Manager to Bob Geren
From Berkeleyans for Cal
A huge thank you to those B4Cal supporters that showed up at our daytime meetings with Berkeley Council members, as well as those that spoke up at last night’s open session of the Council preceding the closed session in which they decided to not appeal Judge Miller’s decisions.
While this is great news, we must continue to send letters to newspapers and Council members, applauding the decision and continue to promote our organization’s role in nurturing a more amicable dialog between the City and the University. The Oaks supporters and the Panoramic Hill supporters will be busy sending out their letters and opinions, trying to delay the initiation of construction of the SAHPC, as well as looking at interrupting the next phases of safety retrofit for Memorial Stadium.
www.californiagoldenblogs.com
“didn’t they claim to own poland too?”
I also claim that this newspaper is more biased than Fox News and an embarrassment to American journalism. Does that make it true? The day after the June 18th ruling was indeed your finest hour, such spin I had not seen since the great writings of Joseph Gerbils.Your understanding of history is embarrassing because you have it completely backwards. Poland was once a part of Germany but it became a sovereign country just as the U.S. was a part of the British Empire and Kuwait was a part of Iraq. Things change as history moves on, in spite of how much people like you don’t want it to.
The land on which Memorial stadium was built once belonged to the City, but it was purchased legally and it no longer does. It was Hitler that said he would completely ignore Poland’s legal rights and take the land back by force, ignoring the devastating consequences to the Polish people.
Many decades later the terminally idle of Berkeley are completely ignoring the legal rights of the students and taking back the grove by force, regardless of the cost to the students.
Did the rule of law stop Hitler from acting out his selfish and evil desires… no. Will the rule of law stop the trespassers in the trees? If Hitler has taught us anything, the answer is also no.
second draft
I also claim that this newspaper is more biased than Fox News and an embarrassment to American journalism. Does that make it true?Your understanding of history is embarrassing because you have the analogy completely backwards. Poland was once a part of Germany but it became a sovereign country just as the U.S. was once a part of the British Empire and Kuwait was a part of Iraq. Things change as time moves on, in spite of how much people like you don’t want it to.
The land on which Memorial stadium was built once belonged to the City, but it was purchased legally and it no longer does. It was Hitler that said he would completely ignore Poland’s legal claims to the land and take it back by force, regardless of the devastating consequences to the Polish people.
Many decades later the terminally idle of Berkeley are completely ignoring the legal rights of the students and taking back the grove by force, regardless of the cost to the students.
Did the rule of law stop Hitler from acting out his selfish and evil desires… no. Will the rule of law stop the selfish trespassers in the trees? If Hitler has taught us anything, the answer is also no.
Ok not to be a grammar bitch but it is spelled
“Goebbels.”
One of the architects of the German National Socialist party was not, in fact, a rodent.
by Spazzy Mcgee on Jul 25, 2008 12:47 PM PDT up reply actions
Or, “I would really like to see the situation from your point of view, however there is not enough room for both our heads to be up your ass.”
by Montezuma's Revenge on Jul 25, 2008 1:03 PM PDT up reply actions
SWISH!
I'm still wondering why the Nets didn't draft Leon Powe.
by yellow fever on Jul 25, 2008 1:08 PM PDT up reply actions
You have clearly never seen the size of Becky O’Malley’s ass.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Sorry to be a grammar gerbil but,
it is properly apostrophized B’Ecky O’ma’l’leys’.
And lo, it was enormous.
by Spazzy Mcgee on Jul 25, 2008 2:14 PM PDT up reply actions
Is it approximately the same size as Poland? Will the Germans be invading soon? Never mind.
by Montezuma's Revenge on Jul 25, 2008 2:17 PM PDT up reply actions
Well, if it’s anything like Poland, invasion will not be a very difficult task. Unless you are trying, among other things, to get at Chopin’s heart.
by Spazzy Mcgee on Jul 25, 2008 2:22 PM PDT up reply actions
Well OK that link didn't work.
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/07/25/international/i113002D77.DTL&tsp=1
by Spazzy Mcgee on Jul 25, 2008 2:23 PM PDT up reply actions
Ugh I had to be bailed out by Twist.
Can this day of horrors end already?
by Spazzy Mcgee on Jul 25, 2008 2:33 PM PDT up reply actions
There are worse things in the world, and I think we all know what they are…
When you participate in sporting events, it's not whether you win or lose: it's how drunk you get.
And the other 2 involves Maharg’s Teabagging Festival.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Can someone give me a hand with this?
Cause served is what I’m getting.
I kissed Dumpster Muffin and I liked it. The taste of her hippie chapped lips.
You know there is a generally easy way to flip the script here. Stop assuming you are the Teabag-ee.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Damn you!
Let me dream!
I kissed Dumpster Muffin and I liked it. The taste of her hippie chapped lips.
You think Longshore is better than Riley...
You’re already dreaming.
When you participate in sporting events, it's not whether you win or lose: it's how drunk you get.
Even at my own expense,
NAILED IT!
I kissed Dumpster Muffin and I liked it. The taste of her hippie chapped lips.
Antonio Rossman speaks. It’s short and in my opinion completely inane.
As predicted, Judge Miller’s decision enabled the University to "find" their way out of it, with minimal environmental commitments. (Those promises about stadium use etc should be recorded as were the UC commitments when they acquired the blind school for Clark Kerr.) I am a bit surprised that she (to use your phrase) sliced and diced the costs; that is her discretion and proves as does her final order that she really believed that UC won the case as originally decided.At least this time other plaintiffs still control the destiny of the litigation, in contrast to the unfortunate LRDP outcome. They will need to file an appeal this coming week and simultaneously seek a writ of supersedeas and immediate stay from the Court of Appeal. This can easily be done by competent counsel; it’s been done before on one day’s notice. The immediate stay should be easy, to preserve the status quo while the Court evaluates the claims for the writ (equivalent of a preliminary injunction). The potential appellants have a roadmap and in my view should follow it. Not only can they force reconsideration of the project; they could obtain all their costs and potential fees as well.
The City of Berkeley presents a sad example when it comes to litigation against UC. If you are going to war you resolve to complete the task; now not unlike Viet Nam and Iraq they are forced into a distasteful withdrawal because of poor foresight, planning, and resolve. Of course the comparison breaks down because the former were mistakes ab initio and post hoc, but in the stadium case there are several outcomes still possible much better for the university the city and the community.
You don’t bring a case like this without expecting that your victory will need to come on appeal.
I bolded a few notes in there.
1. Is he taking a swipe at Volker and Co. there? They’ve already screwed up their attempt to appeal somewhat.
2. The comment about war reveals their true motives (which we knew already). This isn’t about saving trees or remembering fallen war heroes. It is about power, plain and simple. In their view, UC has too much and they want to do what they can to stop it. I wonder if Rossman thinks about that any time he cashes his check from Boalt for being a guest lecturer.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Of course this isn’t about the trees, but about curbing UC power… but it’s also about the COB hiring new counsel… namely Rossman… HIRE ME! ... OH, ME, ME ME MEE ME!
His disdain for Miller is obvious…. how dare she strike down the Inyo precedent… the case that made Rossman’s career. He has to appeal and win this case just to vindicate his pride.
Victory on appeal??? Now he’s really trying to get a job… even in his case for appeal he never promised victory of any kind.. he only promised that he could delay.
I hope the council members can see through his sales pitch and see how sleazy he really is.
Another note. Rossman writes:
I am a bit surprised that she (to use your phrase) sliced and diced the costs; that is her discretion and proves as does her final order that she really believed that UC won the case as originally decided.
Of course she really believes that UC won the case as originally decided. SHE DECIDED THE CASE! What’s interesting is that in his previous essay, which you expertly analyzed Danzig, he said that the plaintiffs were the prevailing party and that that was a big thing. Check it out, he actually says that. So, for the Respondents here to be the prevailing party totally changes his analysis from before.
But his comments there strikes me as a sly insult, like she shouldn’t have thought Cal was the prevailing party and it surprises him that she did.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
CaliSeth’s favorite newspaper, the San Francisco Chronicle has some insight into the question of 20 days or not 20 days. They say “yes.”
The appeal notice, filed Thursday and received by UC attorneys today, extends the injunction to a 20-day period that begins today, said Charles Olson, the lead attorney for UC in the case.Whether the injunction will be extended beyond 20 days is up to the state Court of Appeal, Olson said.
The campus is preparing to move forward with the long-stalled project as soon as the injunction is lifted, UC Berkeley spokesman Dan Mogulof said today. “We’ll be ready to go immediately..”
I like the way spokestud Mogs talks here. Immediately. That’s a kwality jib!
So, we were anticipating this 20 days thing. Moves us to mid-August. Frustrating, but not fatal. I think that without the City, the plaintiffs cannot get the injunction. So, it’s pretty much mid-August. What’s 20 days from now?
It would have made more sense for the plaintiffs to file on Tuesday, but I guess they wanted to have their appeal in to try to force the City’s hand. Saves us about 5 days.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Damn those 20 days!
I was hoping that Volker was just blowing smoke.
Oh, well that’ll just make National Chainsaw and Kick a Hippie in the Nuts Day much more glorious when it does happen.
But they do need to file that damn Writ of Supersedeas separately to continue the injunction past 20 days, and Rossman does suggest Volker is an idiot and doesn’t know this.
"It's not my fault your team's so shitty" - every AL Manager to Bob Geren
by oaktownmario on Jul 25, 2008 4:22 PM PDT up reply actions
The Writ of Supersedeas is the item to get the injunction? Is that the specific term?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Yeah,
it’s a Writ to essentially “supersede” the trial court order dissolving the injunction.
Here’s the applicable Rule of Appellate Court:
Rule 8.112. Petition for writ of supersedeas(a) Petition
(1) A party seeking a stay of the enforcement of a judgment or order pending appeal may serve and file a petition for writ of supersedeas in the reviewing court.
(2) The petition must bear the same title as the appeal and, if known, the appeal’s docket number.
(3) The petition must explain the necessity for the writ and include a memorandum.
(4) If the record has not been filed in the reviewing court:
(A) The petition must include a statement of the case sufficient to show that the petitioner will raise substantial issues on appeal, including a fair summary of the material facts, the issues that are likely to be raised on appeal, and any oral statement by the court supporting its rulings related to these issues.
(B) The petitioner must file the following documents with the petition:
(i) The judgment or order, showing its date of entry;
(ii) The notice of appeal, showing its date of filing;
(iii) Any application for a stay filed in the trial court and any opposition to that application; and
(iv) Any other document from the trial court proceeding that is necessary for proper consideration of the petition.
(C) The documents listed in (B) must comply with the following requirements:
(i) They must be bound together at the end of the petition or in a separate volumes not exceeding 300 pages each. The pages must be consecutively numbered;
(ii) They must be index-tabbed by number or letter, and
(iii) They must begin with a table of contents listing each document by its title and its index-tab number or letter.
(5) The petition must be verified.
It’s my understanding it would have to be filed along with the Appeal (Petition for Review).
"It's not my fault your team's so shitty" - every AL Manager to Bob Geren
by oaktownmario on Jul 25, 2008 4:42 PM PDT up reply actions
I look forward to seeing Volker’s “fair summary of the material facts.”
Do you have the specific cite for the standard on whether to approve these writs?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I think it depends on what you're asking for
in this case it’s for an injunction so you’d have to look at the injunction factors: (1) the likelihood that the party seeking the injunction will succeed on the merits of the claim; (2) whether the party seeking the injunction will suffer irreparable harm without the grant of the extraordinary relief; (3) the probability that granting the injunction will cause substantial harm to others; and (4) whether the public interest is advanced by the issuance of the injunction.
Probability of success and balance of hardships are the two main factors and probability of success here is zero to none, now that the Judge has already ruled. So really difficult to get IMO.
"It's not my fault your team's so shitty" - every AL Manager to Bob Geren
by oaktownmario on Jul 25, 2008 4:58 PM PDT up reply actions
I, for one, cannot wait to read what Volker has to say about (1) and (2). Well, actually, I think he’ll have some insane stuf for all 4. 4 should be good, too. Public Interest is so vague, he can go off on that.
C’mon Volker, don’t let us down on this! Where will we be able to see the filed documents (if at all)? This shall be like a symphony of bullshit.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
He currently has 16 appeals pending before the Court! He’s even suing my beloved Walnut Creek!
I wonder if that means he has lost at least 16 cases. He said he’s had 100 appeals, which means he’s lost 100 cases! That’s a ratio that makes me look good!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Actually, looking at the date, some of those are old. The WC one is from 1989. So, does that mean he’s only had 16 total appeals? We’ll have to look through and see how he’s done on them.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I just glanced at one here, the one where Volker represented the City of Morgan Hill. I’m just skimming the Ruling, but it looks like he lost. They uphold the Trial Court. So, that’s one appeal there Volky lost. Let’s see what else.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I checked another one where he filed a suit against Oakland. It is a bit confusing, but one of his fellow appeallants bailed and then he had a 60 day window to file an opening brief. He failed to do so, so the appeal was dismissed. A solid sign there for Cal.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Ok, Frieberg v. Bates. This one is confusing, but it somehow involves Berkeley. Its live. Olson is involved with this one, too. Not sure too much more than that.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Next is the one where he sued the Public Utilities Commission. This one is also a bit confusing, but he appears to have lost here, too. He takes it to the Supreme Court, but I think they shut him down. Not too much info at the Supreme Court level, which, to my limited knowledge, does not indicate a lot of thought put into it.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Ok, here is one where he is the respondent. He sued SF. I guess that means he won at the trial court level. They appear to uphold the trial court here. So, of all the ones Ive looked through, this is the first time hes apparently won.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Looks like writ of supercedeas request filed
07/25/2008 Petition for writ of supersedeas filed. Writ of Mandate, Prohibition.
07/25/2008 Exhibits lodged. 3-Volumes.
"We believe this project is now dead." - Stephan Volker
are they seriously requesting an injunction? I guess so…
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=1373428&doc_no=A122172
"We believe this project is now dead." - Stephan Volker
Do we not get an opportunity to read the documents?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Looks like a Stanford grad is on our division (3)
http://www.courtinfo.ca.gov/courts/courtsofappeal/1stDistrict/justices/pollak.htm
"We believe this project is now dead." - Stephan Volker
Martin Jenkins, the one without a bio on the court website, was a Clinton appointee to the federal district court in 1997. This year, the Governator appointed him to the COA. He is a former prosecutor and in-house counsel for Pac-Bell.
http://sportingcontrarian.wordpress.com/
I wonder what it is about dignity and class that scares so many far left extremist radicals. They treat it like a biohazard.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Odder yet is that they treat biohazards like dignity and class.
by Spazzy Mcgee on Jul 25, 2008 3:52 PM PDT up reply actions
Here's my attempt: If you're going for preposterous analogies,
I’m guessing you equate cutting down 44 trees (and replacing them at a 3:1 ratio) with the slaughter of 6 million Jews, right?
www.californiagoldenblogs.com
Hey! Don’t forget the gays and gypsies! You always forget the gays and gypsies. Well, at least the gypsies.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Gypsy = Roma
Gays, Roma, Jews, Homosexuals, Communists, Jehovah’s Witnesses, and political rivals. That is just the short-list.
by Bruins102NCAA on Jul 26, 2008 5:57 AM PDT up reply actions
dont forget the old Mayor Running Wolf standby- “Marshmallow” Its near impossible to come up with a response to a crushing political statement like that!
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