Blog Ipsa Loquitur

I launched this site with the name “Almost Legally” just about a decade ago, at the end of my first year of law school. I’d spent a good amount of time tinkering with WordPress in college, and I was pretty comfortable with the software systems involved. And while those were the halcyon days for sites like Tumblr and LiveJournal, I felt it was important to keep my writing on my own site, instead of joining someone else’s. So I paid a small web hosting company four dollars a month for a folder to FTP into and a SQL database to point WordPress at.

WordPress is a fine platform, and it’s the gold standard for user-friendly blog software, but it’s overkill by a country mile for a one-man comedy law blog. WordPress has a ton of moving pieces and I really just need something to show a bunch of text. There are some philosophical arguments to be made for using a tool no more complicated than the job requires, and I generally find those convincing.

So I rented an entire server and taught myself how to administer that. This was probably a net increase in work, and definitely an increase in moving pieces, but it was a great chance to learn a new set of skills.

So I migrated this blog from WordPress to Octopress, and later to Jekyll. This meant giving up one of my favorite features in WordPress. See, WordPress has a pretty great mobile app for drafting, editing, and publishing posts on the go. Because WordPress runs on a server, you can log into the system anywhere and write new stuff or edit a typo you just found.

Jekyll, on the other hand, isn’t a suite of software you run on a server. It’s a series of shell scripts to which you feed a folder of text files; when it’s done, you have a folder full of HTML files you upload to a web server. So there’s no app for your phone or otherwise: you have to have a folder of text files and a computer to run the Jekyll command-line program.

This creates some friction. A decade ago, I owned a flip phone and did all my computing from my laptop. Jekyll would have been a great fit. But it’s 2017: I do most of my computing from my iPhone and go days or weeks without opening my laptop. So really, a central server and a slick app with which to publish posts would be great! WordPress is overkill, but some of those moving pieces come in really handy when you’re trying to make writing as frictionless as possible.

So here’s what I do to make sure updating my Jekyll site from my iPhone is as simple as if I still used WordPress. This is definitely not the only way to do it, it’s almost certainly not the right way to do this, and it’s probably not the smartest way to do this. But when I was trying to figure out how to do this, I pieced together a lot of information from a lot of different sources. Hopefully, having this all in one spot is useful for someone else.

Published on under Nobody Asked, Nerd

Popehat’s Ken White, on How To Read News Like A Search Warrant Application:

If you’re not familiar with them, search warrant applications include a declaration under penalty of perjury from the investigating officer or agent. The declaration and supporting paperwork are supposed to identify the location to be searched, the items to be seized, and the specific facts providing probable cause that those items are evidence of a crime. Federal courts scrutinize search warrants more closely than state courts. That’s not the law; that’s just reality.

When I was a prosecutor, my job was to review proposed warrant applications from federal agents and make sure that they complied with legal requirements before submitting them for approval to federal magistrate judges. As a criminal defense attorney, my job is to analyze warrant applications that have yielded searches of my clients and scrutinize them for flaws and constitutional failures that I can present carefully and forthrightly to a judge so that the judge can then ignore or rationalize them. The critical eye that prosecutors and judges are supposed to use when reviewing a warrant application — and that defense lawyers use in evaluating whether they can be challenged — comes in handy in assessing the trustworthiness of news. Three doctrines in particular come to mind.

​Handy advice for critical thinking in any situation.

Published on under Bureau of Fake Search Warrants

As the Democratic Party regroups and prepares for its time as an opposition party, it’s worth re-reading Matt Stoller’s piece in The Atlantic,How Democrats Killed Their Populist Soul. He begins immediately after Watergate, when a wave of reform-minded young Democrats were elected to Congress. These “Watergate Babies” swept out establishment Democrats who had led Congress since the economic populism of the New Deal era.

Over the next 40 years, this Democratic generation fundamentally altered American politics. They restructured “campaign finance, party nominations, government transparency, and congressional organization.” They took on domestic violence, homophobia, discrimination against the disabled, and sexual harassment. They jettisoned many racially and culturally authoritarian traditions. They produced Bill Clinton’s presidency directly, and in many ways, they shaped President Barack Obama’s.

The result today is a paradox. At the same time that the nation has achieved perhaps the most tolerant culture in U.S. history, the destruction of the anti-monopoly and anti-bank tradition in the Democratic Party has also cleared the way for the greatest concentration of economic power in a century. This is not what the Watergate Babies intended when they dethroned Patman as chairman of the Banking Committee.

Here’s a spoiler of how this story ends, with Bill Clinton elected the 43rd President with a platform completely silent on anti-monopoly policies for the first time since the 1920s. ​

Old problems also reemerged. Financial crises unseen since the 1920s began breaking out across the world, from Mexico to East Asia, prompted by “hot-money” flows. Deflation, rather than inflation, and a capital glut, rather than a capital shortage, started to concern policymakers. And it turns out, according to a McKinsey study, that a disproportionately large amount of the productivity gains from the remarkable computerization of the economy were the result of just one company: Walmart, the new A&P. The mega store’s economic influence “reached levels not seen by a single company since the 19th-century.” The gains of the 1990s, it turns out, were not structural, but illusory. Early in Bush’s term, the stock-market bubble burst and wages collapsed. A few years later, a global banking crisis, induced by a financial sector that had steadily gained power for 40 years, erupted. Concentration of power in the private sector, it turned out, had its downsides.

Published on under The Do Not Pass Go Chronicles

William Davies, writing in The Guardian about how statistics lost their power:

In theory, statistics should help settle arguments. They ought to provide stable reference points that everyone – no matter what their politics – can agree on. Yet in recent years, divergent levels of trust in statistics has become one of the key schisms that have opened up in western liberal democracies. Shortly before the November presidential election, a study in the US discovered that 68% of Trump supporters distrusted the economic data published by the federal government. In the UK, a research project by Cambridge University and YouGov looking at conspiracy theories discovered that 55% of the population believes that the government “is hiding the truth about the number of immigrants living here”.

This is an unwelcome dilemma. Either the state continues to make claims that it believes to be valid and is accused by sceptics of propaganda, or else, politicians and officials are confined to saying what feels plausible and intuitively true, but may ultimately be inaccurate. Either way, politics becomes mired in accusations of lies and cover-ups.

And sometimes, what you don’t study is as ​much a political choice as what you do study.

The fact that GDP only captures the value of paid work, thereby excluding the work traditionally done by women in the domestic sphere, has made it a target of feminist critique since the 1960s. In France, it has been illegal to collect census data on ethnicity since 1978, on the basis that such data could be used for racist political purposes. (This has the side-effect of making systemic racism in the labour market much harder to quantify.)

Published on under Three out of Four Dentists Agree

Nicholas Weaver for Lawfare:

Lost amid the swirling insanity of the Trump administration’s first week, are the reports of the President’s continued insistence on using his Android phone (a Galaxy S3 or perhaps S4). This is, to put it bluntly, asking for a disaster. President Trump’s continued use of a dangerously insecure, out-of-date Android device should cause real panic. And in a normal White House, it would.

A Galaxy S3 does not meet the security requirements of the average teenager, let alone the purported leader of the free world. The best available Android OS on this phone (4.4) is a woefully out-of-date and unsupported. The S4, running 5.0.1, is only marginally better. Without exaggerating, hacking a Galaxy S3 or S4 is the type of project I would assign as homework for my advanced undergraduate classes. It’d be as simple as downloading a suitable exploit—depending on the version, Stagefright will do—and then entice Trump to clicking on a link. Alternatively, one could advertise malware on Breitbart and just wait for Trump to visit.

This should be a gigantic scandal. As Weaver says, it’s trivial for even undergraduates to compromise a phone this old and turn it into a 24/7 remote recording device. Nation states have significantly more resources and capabilities than students. Every conversation in the President’s presence is almost certainly being heard by at least one foreign intelligence agency. This is not a hypothetical situation.

Someone on the President’s staff needs to destroy his phone immediately. Don’t give him another one.

Published on under Manchurian Release Candidates

There are almost too many gems to choose from in the AV Club’s oral history of the Double Dare obstacle course:

We had an obstacle called the Sewer Chute, which was, you’d go up a ladder and then go down a ladder in a very narrow sort of Plexiglass box, and the kid coming down fell backwards, and it looked like he snapped his neck. I thought he was dead. If you see me on the course, all I say over and over again is, “Are you okay? Are you okay? Are you sure you’re okay?”

So the kid only got to obstacle number six, and we said, “Hey, nice job. You’re doing great. See you tomorrow on Double Dare.” Well, we found out that the kid’s father was an attorney, and he came into the control room afterwards and said, “You know, that was a very dangerous obstacle course.” “Yeah, I know, we’ll remember that.” And he goes, “A large-screen TV was the prize for obstacle number seven.” Then he takes out his business card and hands it to us and says, “I’ll be happy not to sue you guys if you give him the TV from obstacle number seven. Otherwise, we got a problem here.” They went into a room, came back, and said, “Yes, sir, you want that TV? That’s your TV. No problem.” And that was the end of that.

From that point, they always looked at the kids’ applications, and if any kid had a parent who was an attorney, they never got on the show after that.

​Sound legal strategy.

I remember that Double Dare was criticized for wasting tons of food, but every article I’ve read about Double Dare since then has been quick to point out that the show used expired food. That factoid permeated into seemingly every corner of pop culture, and it turns out it wasn’t true at all:

Marc Summers, host: Klinghoffer [eventually] made [something] up, because he was the best at this stuff. [He would say] we would go to food warehouses and try and find product that was dated that they couldn’t sell in supermarkets or to restaurants anymore, and they would sell us the dated stuff. It was more B.S. than I can begin to tell you, but we just got tired of dealing with people saying that we were not helping homeless people by throwing eggs and using pudding.

My entire childhood was a lie. ​

Published on under Things Only 90s Kids Remember