Monday, November 23, 2009

A quick follow up word on college football officiating

If you follow ACC football at all you know that when you look up "terrible officiating" in the encyclopedia you see Ron Cherry's picture front and center. It doesn't matter who your favorite team is, everybody agrees that this guy and his entire crew are unmatched for incompetence.

The Ron Cherry circus took it to a new level on Saturday in Clemson. After scoring Clemson's first touchdown, tight end Dwayne Allen stood at attention and saluted towards the America flag. He then turned and jogged off the field. Allen was promptly cited for a 15 yard unsportsmanlike conduct penalty.

Did I mention that it was military appreciation day at the stadium?

Saluting the flag on military appreciation day is "unsportsmanlike"? The ACC should apologize to Dwayne Allen, Clemson University, and most importantly to anyone who has ever served in the United States military for their ridiculous definition of sportsmanship.

Tuesday, November 3, 2009

My first experience with government run health care

Rather than rehash a synopsis of the myriad of policy and ideological arguments that can be made for and against the current health care reform movement, I’d like to share with you my own ongoing experience with government run health care in South Carolina.

I have two daughters. Claire turned one in October and Lauren will be three in April. My wife, like so many mothers of young children, has been very concerned with the H1N1 virus (swine flu). She has been awaiting the availability of the vaccine in our area.

Trouble is that it’s not here yet in mass supply. After copious amounts of time spent on the phone and internet, my wife discovered the vaccine was being offered at the North Charleston Health Department. She phoned and asked if it was available locally. It was not. All of the vaccine that the state had was in North Charleston. Vaccinations were free, but by appointment only. The earliest available appointment was in about two weeks. The folks at the Health Department weren’t able to say when or where the vaccine would be available next, so my wife took the earliest available appointment and continued to monitor the situation.

The next week, my wife discovered that the vaccinations were being offered at the Health Department in Sumter County. Once again they were taking appointments. Because Sumter is much closer to us than Charleston, my wife made an appointment there for the upcoming Friday and cancelled the appointments in North Charleston. Once again there was no information available on if or when the vaccine may be available in Columbia.

After making the appointment in Sumter County, my wife found out late last week that the vaccine was going to be available at the Health Department in Aiken County. Unlike Charleston and Sumter, there would be no appointments accepted. Instead, shots would be made available free of charge on a first come first served basis beginning at 3pm on Monday, November 2nd.

So yesterday we loaded up the girls and drove to my inlaws in North Augusta (Aiken County). My wife and Grandma took the girls over to the Health Department in North Augusta. They arrived at 3pm and there was already a lengthy line.

Health Department personnel then informed everyone in line that was over 65 years old that they were ineligible to receive the vaccination and sent them home. Then they told the adults 25 to 64 that they could only get the vaccine if they had some sort of underlying medical condition such as asthma. Yet another group went home.

Finally, after standing in line for over 2 hours (much of which was spent outside the building on the sidewalk), my children received the vaccination. They were the 114th and 115th people to receive the vaccination that afternoon.

After getting the shots, my wife was given instructions to call the Health Department the next day to make arrangements to get the second administration of the vaccinations. (The vaccine requires two administrations to be effective in children their age).

So my wife calls to make the follow up appointment this morning and what do you suppose they tell her? First, they only give follow up vaccinations on Tuesdays. Second, due to the helter skelter availability of the vaccine, they do not make appointments for follow ups longer than 24 hours in advance because they could not be certain they would even have it.

So to sum up... After standing in line for hours, my kids got the first half of a vaccine with zero guarantee that they would be able to get the second half of the vaccine required to make it effective. But at least they fared better than old folks. They were summarily told to take a hike before the first shot was given. Information was scarce and the people giving the information and administering the vaccinations weren’t exactly “fired up” about providing good customer service.

Limited availability. Long lines. Rationing. Poor customer service. And no guarantee that any of it will do my children a lick of good.

But at least the shot was “free”.

I can’t wait for the government to bring this efficiency and quality to the rest of my health care. How about you?

Friday, October 30, 2009

College Football's Officiating Problem

I read a column in The State Newspaper this morning by Ron Morris basically chastising SEC Football Coaches for their recent criticisms of the conference’s officiating crews. Bobby Petrino of Arkansas, Dan Mullen of Mississippi State, Bobby Johnson of Vanderbilt and Steve Spurrier of South Carolina were singled out in some fashion or another but the bulk of Morris vitriol was reserved for Lane Kiffin of Tennessee.

Following a recent two point loss to top ranked Alabama, Kiffin was publicly critical of the lack of an unsportsmanlike conduct penalty against Alabama after a crucial play in the game. Kiffin went on to generally criticize the crew for their work over the entire game as 8 penalties were called against Tennessee but only one was called against Alabama.

Morris agrues that Kiffin should be suspended for maligning the credibility of the game and helping to spread “conspiracy theories”. If anybody should be suspended, it’s Ron Morris because he is obviously an SEC shill.

Does Morris think that referees are above reproach? If he does, he’s an idiot. Referees are people too and they are subject to bias and moral failings just like anybody else is.

Consider the following. Unlike every other major college sport, individual conferences insist on exercising control over the hiring and assignment of football officials. Why you ask? Well none of the major conferences has offered up a compelling answer. Could it be that the conferences want to control the officiating in select games that involve their marquee programs?

It’s not unreasonable to think so. When you consider the amount of money and commercial involvement in college football it’s almost foolish not to think so. Having marquee teams remain undefeated and participating in championship games is a cash bonanza for the conferences and their broadcast partners.

The officiating in the SEC has been so atrocious this year that one crew has already been suspended for poor performance. And anybody who watched the end of game officiating in the Florida versus Arkansas game who is not a Gator fan would have to admit that there were some very suspect penalties thrown to help the Gator’s in their winning drive. Does that mean that the refs were crooked? No, but it doesn’t help their credibility either.

What of Kiffin’s complaint about Tennessee’s 8 penalties compared to Alabama’s single infraction? Anybody who has ever played football at a high level will tell you that is beyond ridiculous. The truth is that a referee can probably call penalties on holding or illegal contact on most every play in major college or professional football. Offensive lineman are taught to play the game in the gray areas. An 8 to 1 penalty disparity is so unheard of that it merits questioning.

Would either of these cases be such a big deal if Alabama and Florida were not undefeated teams with National Championship aspirations? Of course not, but that doesn’t mean that the refs should get a free pass.

Ron Morris seems to think that referees are immune from bias or bribes or extortion from gamblers. I guess Ron thinks that NBA ref Tim Donaghy got a bad rap. By Morris’ logic Donaghy should still be a referee and any coach who questioned his authority should be suspended.

All of this could be put to rest if the major athletic conferences did in football what they do in every other sport. Set up independent regional officiating pools hire the referees and staff the games. Entities with a financial interest in the outcome of a court case don’t get to pick the judge, and entities (conferences) with a financial interest in the outcome of football games shouldn’t get to either.

If the conferences refuse to make such an easy fix, then they, along with their shills like Ron Morris, need to shut up and let the “conspiracy theories” abound.

Thursday, August 20, 2009

Why people hate lawyers

Why people hate plaintiff’s lawyers

You know I used to be a plaintiff’s lawyer. I used to wonder, why are lawyers the brunt of so many jokes and the object of so much derision?

I mean I’m a nice guy and most of my plaintiff’s lawyer brethren in the small Southern town I practiced in were nice guys too. Sure sometimes I wondered whether or not my client really hurt as bad as he said he did, but lawyers don’t make those judgments, juries do. Even though it was unpopular I felt like it was honorable work.

Since I have left that profession and moved over to the entrepreneurial ranks, I have come to better understand the angst so many feel against lawyers. I’ve seen bogus lawsuit after bogus lawsuit come down the pipe filed by agitators looking to collect millions of dollars without sustaining any real injury or damage. However, what I learned reading the news today has taken the cake for legal malfeasance.

Little League Baseball has settled a 2004 lawsuit brought by the parent of a 12 year old boy in Staten Island, NY who injured his knee sliding into second base during a game for 125,000 bucks! Among the things the lawsuit alleged was that the coaching staff was negligent in not teaching her son how to slide properly and that the local league was using bases that were not safe (although they were on the list of approved equipment).

Evidently the suit went on for 5 years prior to settlement. I shudder to think of the money that Little League had spent in defense of the case over that time. Evidently, given the crazy behavior of juries these days, Little League felt like it was better to write a check and move on than to go through the expense of a multi-day trial.

After reading the report, I just sat still for several minutes wondering what in the world was this mother thinking. Little League is a non-profit organization. Little League coaches are unpaid volunteers. You play baseball with hard balls and metal bats. There is inherent danger in baseball as there is with any sporting activity. You’d think that “Mom” might have figured this out when she noticed that they sent her son up to bat wearing a helmet….

But I don’t blame “Mom” as much as I blame the blood sucking, ambulance chasing, lawyer who brought the case. Moms have a natural instinct to protect their children and to go after anything that they sense is trying to harm them. God made them that way and more often than not, that’s a good thing. The lawyer was only in it for the money.

If that mother had walked into my office and explained her situation, I would have expressed sympathy and wished her son good luck in rehab. And I’d bet you that response would have been exactly the same in 99% of the law offices of this country. However, all you need is one lawyer totally devoid of any scruples whatsoever to ruin the reputation of the whole bunch.

The truth is that if anyone was responsible for this kid’s injury it’s the mother herself. Anybody who registers a 12 year old boy to play baseball that hasn’t already figured out how to slide on his own is patently negligent as a parent. Seriously, if I had asked my Dad how to slide when I was 12, he might literally have died of shame right there on the spot.

But I digress…this misguided lawsuit never would have happened without a slimy lawyer. What kind of snake brings a case like this against an organization like Little League? Baseball is the National Pastime for crying out loud!

He’s a disgrace to the Bar. He’s a disgrace to humanity.

And thanks to this slime ball, I’ll never again wonder why Shakespeare famously wrote in Henry VI, “The first thing we do, let’s kill all the lawyers”

Sunday, August 16, 2009

Lay off Michael Vick

Let me be upfront on two things. First, I don’t like the Eagles. Never have. Second, I am not a Mike Vick fan. Didn’t like him at Virginia Tech. Dang sure didn’t like him with the Atlanta Falcons. And given that he has recently joined the Eagles, I’m sure I’ll go on not liking him for the indefinite future.

That said, I am compelled to comment about the controversy that has been set off by his recent signing and imminent return to the NFL.

I don’t understand the big deal over this. The facts are pretty simple. Vick broke the law. Vick went to jail. Vick lost his job. Vick served his sentence, got out of jail, and promptly went looking for a job. Seems like this is exactly what we’d want an ex-con to do. Why then are so many folks upset that he’s found work?

Could it be that Vick is just that evil and the folks who are upset are just that righteous? I don’t think so. These protests say a whole lot more about the ones doing the protesting than it does about Mike Vick

What if Vick had gone to jail for abusing his girlfriend or failing to pay child support instead of abusing animals? Would the “outrage” be the same? Before you say yes, consider the criminal history of many other athletes who continue to play professional sports. Ever see anybody protesting Ray Lewis or Pac Man Jones? What if Mike Vick had found work flipping burgers instead of as an NFL quarterback? I can guarantee you that you wouldn’t have folks lining up outside McDonald’s to protest Vick making Big Macs.

Do these protesters value animals more than people? Are they jealous because Vick will make a lot of money? You could certainly make that argument.

Make no mistake, what Vick did was wrong, but there it just doesn’t equate to abusing a human being or failing to take care of a child in my mind. Likewise, why shouldn’t Vick go out and get the best job that he can based on his skills, education, experience, etc.? Isn’t that what we all want our kids to do? And why shouldn’t the Eagles hire him if they believe he’s the best player available to back up Donovan McNabb. Isn’t it the job of management to use its best efforts to build the most competitive team possible?

The folks protesting Mike Vick need to shut up about it. If they want to root for whomever Vick and the Eagles are playing each week, that’s fine, but let the man be. He’s admitted his mistake, done his time, and is doing exactly what any of us would do if we had the talent to play quarterback in the NFL.

Tuesday, June 23, 2009

Rekindling an Old Flame

Your first love stays with you forever. Or at least that's what the movies would lead us to believe. Yet, over the years I had become distant from mine. In fact, I had become so jaded by her faults that I had forgotten what had made me fall in love with her in the first place.

But I found Baseball again this past Saturday night in Charlotte, NC.

Don't get me wrong...I still saw her from time to time since we quit going steady back when I was in college, but it was no longer the same for me. I remember literally having tears in my eyes when I watched my old high school teammate Hiawatha "Terrell" Wade pitch for the Braves in the World Series. Such was the emotional pull she had on me.

Lately though, I resented her. There wasn't much to love anymore. Bud Selig and the Union had ruined the game for me. Crazy inflated stats from the steroids era have served to gloss over the accomplishments of the heroes I grew up watching in the 80's. (It's shameful that Andre Dawson isn't in the Hall of Fame) And it's no fun to watch these juiced up guys play. Half of them can't field their position, nobody bunts anymore, and the entire Major Leagues don't combine to steal as many bases as Vince Coleman and Rickey Henderson would in an average season. My recent baseball experiences have revolved around business/social occasions where folks just sat around drinking beer in extremely overpriced seating waiting to watch a rerun of a home run on the new high definition jumbotrons so common in the new ballparks.

But ah Saturday night.

I was bored and looking for something to do with the wife. I got the random thought and suggested we should go to a ballgame. Don't know why. It just popped into my head. I looked them up online and discovered you could get field level box seats for 13 bucks and there would be a fireworks display to boot. So I twisted my wife's arm and she said she'd go (I think it was the promise of fireworks). I called the ticket office and got seats in the second row above the home dugout.

We got to the ballpark and walked to our seats. They were ridiculously close to the diamond. I've been in dugouts that didn't put you as close to the action. It smelled right. It sounded right. There was wonder in little kids eyes. The baseball was crisp. Two clubs filled with guys close enough to the Show that they could taste it and you could tell. Prospects looking to get their first Big League cup of coffee and guys like Wilson Betemit trying to get back. They played the game the way it is supposed to be played. Some of them even ran hard on ground balls...

I had a snow cone. I had crackerjack. I "talked baseball" with the guy keeping score beside me.

And I drew comfort. Comfort that not even Bud Selig, Donald Fehr, Scott Boras, George Steinbrenner, Arod, Bonds, Clemens, etc can extinguish the flame I still carry for my first love.

My old flame was back and my wife didn't seem to mind. It was a sweet reunion indeed.

Friday, June 5, 2009

Obama GM "investment" not likely to pay off

You've got to hand it to Barack Obama. He's got a special kind of ambition. We've all known the smart, over achieving kind of kid in school who might have claimed he wanted to be a CEO of a major corporation. And most every high school Student Council President has harbored at least a passing thought of being President of the United States. Now Barack Obama has it all. In addition to his duties as POTUS, he has the "honor" of being the de facto CEO of General Motors. (You could say the same thing about Chrysler and AIG too)

The federal government has poured about 50 billion into GM since the "bailouts" started. However, we are told not to fret because this isn't really the government just throwing money away, this is an investment. In fact, we the American Taxpayers, are now the majority shareholder of General Motors. All we need now is to sit back and wait for CEO Obama to wave his magic wand and then watch as motorists the world over chose to buy Chevy Volts instead of Toyota Camrys.

Does anyone really believe that's going to happen?

Let's put this in perspective. If we assume that the federal government doesn't invest another dime in GM on top of the 50 billion already committed, GM would have to post an 80 billion dollar valuation in order for the taxpayers to BREAK EVEN. Consider that GM's market cap just prior to bankruptcy was just a shade over 1 billion. (At it's highest point, GM's valuation was around 56 billion in 2000 when the company actually posted around 19 billion in positive cash flow).

So we are to expect that government management of what is going to be a considerably smaller GM post bankruptcy is going to eclipse the zenith of pre-bankrupcy GM which in 2000 boasted 8 brands and a highly profitable finance unit (GMAC) which accounted for one third of its earnings?

It's just not going to happen friends. This is going to be a train wreck. While Obama says he doesn't want politics getting in the way of business decisions at GM, you can rest assured they will. In fact they already have. The UAW has already pressured Congress into restricting the number of cars that GM manufacturs in foreign countries that can be imported into the United States. And that's just the beginning. Congress will stick their noses deeper and deeper into this under the guise of "protecting the taxpayer's investment". Anyone who thinks they won't is delusional.

What's happening to the American automobile industry is eerily similar to when the government basically nationalized commuter rail service almost 40 years ago. Government wouldn't be involved for long and the venture would surely be turning a profit in no time.

And of course we all know how that story has turned out...if we're lucky the government's foray into the auto business will be as wildly successful as Amtrak.