Free range outsell battery eggs for the first time

No points for guessing this headline didn't come out of the US. Not even the People's Republic of Berkeley. It's the British of course. But do they really get 'free-range?' Not clear, the numbers appear to be based on battery vs. non-battery rather than free-range vs. not free range and includes 'barn' and 'roaming' hens. But I still maintain (see previous post) that any signals by consumers which are significant enough to change production in favor of animal welfare are better than none.

Sales of free range, barn and organic eggs from chickens allowed to roam outdoors accounted for just over 50 per cent of total sales last year - a huge turnaround from five years previously.

It is one of the most startling illustrations of how the trend towards buying "ethical" food is bringing huge changes to the food industry. Sainsbury's announced this year that it planned to phase out battery eggs by 2012.

Architectural Genius

I for one would like to see more houses like this. You could make up a whole neighborhood of houses tumbling down a hill. And this one doubles as political art:

[A]n upside-down house built by Polish artist Daniel Czapiewski at the centre for education and regional promotion in the village of Szymbark, Poland. Czapiewski reportedly intended to show the state of affairs in his homeland with the house that rests on its own roof and represents the times of the Communist area as well as the change of values in the former Eastern bloc countries

Marathon training or child abuse?

Childhood obesity is a growing epidemic throughout the country as showcased by American media and the health care industry, among others. It is not a uniquely American problem but stems in part from a culture of excess and mass production which, while also not uniquely American, goes a healthy distance toward characterizing the country's insatiability for......well, for 'more.'

Meanwhile, on the other side of the world, the opposite extreme. A father leads his daughter on a consecutive series of marathons over the course of two months. But is this about fitness or health? Probably not. It probably is also not about how much this girl likes to run, as her father claims. Likely it is more about wealth and notoriety in a communist country.

I am a firm believer that most people are not biologically designed to enjoy more good than harm from running marathons. I think the design can be and has been developed safely and healthfully through the centuries, through the lifetimes of some lucky recipients of genetic jackpots and through technological and surgical advances, but by and large I think the recent spike in popularity of marathons is born not of a natural predisposition, but of the same culture of excess that has illuminated the obesity problem. Specifically, America's obsessions with health, longevity, physical perfection, workoholism, and competition, paired with whatever drives a given individual to participate in charitable causes be it guilt or concern or both.

While I am only lukewarm about the wisdom of running marathons, one thing I will come out in staunch opposition to is what's going on in this story. As unhealthy as marathoning is for many (and perhaps most) adult humans despite their having reached maturity and the prime of their physical compositions, it certainly cannot be healthy or even humane to allow (much less encourage or force) a girl of 8 to endure the regimen prescribed (and hereunder defended) by her father, Mr. Zhang.

A Chinese girl has arrived in Beijing after running more than 3,550km (2,200 miles) from the southern province of Hainan in less than two months. [For sake of comparison, an individual who runs 4 miles a day, 7 days a week for two whole months would cover only 240 miles.]

Zhang Huimin, eight, rose each day at 0230 and ran about 1.5 marathons (64km, 40 miles), Xinhua news agency said. Her father accompanied her on a bicycle.

He said the feat was aimed at drawing attention to her Olympic potential ahead of the Beijing games next year.

He denied forcing her to run, but some experts have said it amounted to abuse.

"She loves to run. Many people don't understand us," he said.

Zhang and his wife have separated, mainly because she opposed his way of training their daughter, the newspaper reported.

"Whether people oppose it or not, we will soldier on," Mr Zhang said.

Greek Fires

Greek officials suspect arson, though this has not been confirmed. They have announced a reward of 1 million euros and are holding 32 suspects.

A top Greek prosecutor has ordered an inquiry into whether arson attacks can be considered terrorism, and prosecuted under Greece's anti-terror laws.

Treating arson as a potential act of terrorism would give authorities broader powers of investigation and arrest.

I don't think this is too extreme a position to be taken by the prosecutor; the areas burning in Greece are many and rife with historical and cultural value, the fires have caused the deaths of at least 39 people and has resulted in the destruction of many livelihoods in an already fragile economy. That said, I should admit that at first this struck me as a somewhat draconian prosecutorial approach given that no one as yet is sure of arson and that the country has far more pressing needs, currently, than deciding what to do with the perpetrator. Such as containing the fires. But a look at the scope and disparate geographical origins of the fires and the international aid rendered leaves little doubt that the blazes sprang not from natural or accidental sources and that 'terrorism' is not too strong a word for what is happening. And that the world's finest fire response program would likely be no match for the catastrophe.

MORE:

At least 11 countries - including France, Italy and Spain - are helping Greece fight the fires with planes, helicopters and specialist firefighters.

The European Commission's Barbara Helfferich told the BBC the firefighting effort revealed "a tremendous solidarity" between EU member states.

Treating arson as a potential act of terrorism would give authorities broader powers of investigation and arrest.

Meanwhile, police are patrolling suburban areas on the lookout for fire-starters.

The fires have gutted hundreds of homes, forcing thousands of villagers to flee and blackening hillsides.

Many people are still reported to be trapped by the fires.

Emergency crews scrambled to Frixa in western Peloponnese to rescue stricken villagers on Monday, the Associated Press reported.

A fire department spokesman told AP that 11 people were also believed to be trapped in woodland in Aigialia, in northern Peloponnese.

Charred remains of buildings, trees and once thriving agricultural communities mar the roadside for mile upon mile throughout the Peloponnese.

Ancient Olympia, the birthplace of the Olympic Games and one of the country's most revered archaeological sites, was narrowly saved from destruction by firefighters on Sunday.

Cute Picture of the Week

What is more compelling than couple-week-old orphaned hedgehogs?



We've heard of inter-species adoption, but how about these tiny and still slightly blind things adopting a sweeper bristle brush as a mother.

Something good happening in China

Four pandas were born in captivity in China on the same day, the state media have reported.

Xinhua News Agency said Eryatou just gave birth to two female cubs at the Chengdu giant panda breeding centre in Sichuan province.

Earlier Jiaozi gave birth to a male and a female at the same facility.

Chinese panda breeding centres, which use artificial insemination techniques, have produced 14 cubs so far this year.

Last year 34 pandas were born in captivity, 30 of which survived.

The panda is one of the world's rarest animals, with an estimated 1,590 living in the wild while another 210 have been successfully bred in captivity.

"Free Range vs. Cage Free" or "What ever happened to truth in advertising?"

Turns out though that the (all too typical American marketing) term of art is "Cage Free." I guess. I mean there aren't any cages in there. Though I can't really imagine a less humane way to contain animals.

This photo appeared front and center of NYT's homepage two days ago. The article is called Suddenly the Hunt is On for Cage Free Eggs. The picture is dramatic and seems to cry out for some commentary on whether eggs from this particular hen-house can seriously qualify as "cage-free," and while we're at it, whether the distinction between "cage free" and "free range" can honestly be expected (by policy-makers and industry giants) to be made by the average consumer. It seems just one more example of diabolical marketing genius designed to mislead without being untrue in the literal sense. Which is typical and often accepted in the political and commercial contexts - but when the health and comfort of living things is in the balance, this genius seems misplaced and cruel.

The first half of the article leaves the animal-rights inclined reader feeling cold as it addresses the wisdom of cage-free operations from a financial standpoint and the frustration of various Cage Free consumers at not being able to find enough product to fill demand. The futility of such complaints glares at the frustrated reader throughout.

The Vermont ice cream maker Ben and Jerry’s got plenty of attention last September when it became the first major food manufacturer to announce it would use only cage-free eggs that have been certified humane by an inspecting organization. But the company says it will need four years to complete the switch.

“It’s not easy to find all the eggs you’re looking for,” said Rob Michalak, a spokesman for Ben and Jerry’s. “The marketplace is one where the supply needs to increase with the demand.”

At Whole Foods, shoppers have no trouble finding cage-free eggs, which are the company’s minimum standard. But there are not always enough for the Whole Foods bakeries and kitchens, which have used only cage-free eggs since 2005, said Perry Abbenante, the company’s national grocery coordinator. Whole Foods sometimes has to scale back the amount of prepared food and baked goods it makes.

“There is a lot of talk about cage-free, but are people actually buying them?” said Gene Gregory, president of the United Egg Producers. “I think the consumer walking into the grocery store sees cage-free and they cost two or three times more, and they don’t buy them.”

It takes about six months to build a cage-free operation from the ground up, including raising the chicks, said John Brunnquell, who owns Egg Innovations, based in Port Washington, Wis. The cost for a well-designed facility is about $30 a bird. Building a conventional operation with the stacks of cages known as batteries costs about $8 a bird, he said.

Converting to a cage-free operation can cost less than building anew, but it can still mean the loss of several months’ income and the complexities that come with new methods.

The second half gets more to the points I mentioned above, though still with the inevitable undertones of economics.

The eggs can cost an extra 60 cents a dozen on the wholesale market. But most chicken farmers are not ripping out cages and retrofitting their barns. They question whether the birds are really better off, saying that keeping thousands of hens in tight quarters on the floor of a building can lead to hunger, disease and cannibalism. They also say that converting requires time, money and faith that the spike in demand is not just a fad.

Officials at Notre Dame turned down a request by a campus animal rights group to switch to cage-free eggs after investigating the issue for six months.

The university, which serves 16,000 meals a day in its dining halls, visited both cage and cage-free operations, examining animal welfare, food safety, environmental impact, taste and other issues. Both operations they toured appeared to take equally good care of their chickens, said Jocie Antonelli, nutrition and safety manager.

The university decided that its current source of eggs, which uses a cage system, had the edge in food safety.

Eggs labeled organic and free-range come from chickens with access to the outdoors. But most cage-free chickens never peck in a barnyard during their lives, which last from 12 to 18 months. The term “cage free” is lightly regulated. Companies get approval to use it on their labels through the Food Safety Inspection Service of the Agriculture Department, which does not actually inspect laying operations.

“There are pros and cons to each system,” Ms. Antonelli said. “Either way, these are not free-roaming chickens living out in a pasture.”

Emphasis added in the bolded paragraph to note that in the animal industry, meat is a byproduct of such operations as egg and dairy production and that vegetarianism, though I am loathe to admit it, does not do all the work that one would hope. In the extreme example that meat is outlawed, the animals will still be raised and subjected to inhumane conditions, perhaps for longer periods of time.

Some insist that progress has been made:

“While cage-free certainly does not mean cruelty-free, it’s a significant step in the right direction,” said Paul Shapiro of the Humane Society.

I think this is true to the extent that anytime consumer protests can make enough noise to change offensive business practices, it is a step in the right direction, businesses and consumers take notice and apathy and inertia are abated. However, if you're a hen, it's hard to see that any real change has taken place.

Skepticism aside, I like this article because it exposes an important point - the incidence of companies like Whole Foods and Burger King switching to "Cage-Free" eggs and publicly complaining that supply is not meeting demand does not, in itself, mark a meaningful shift in corporate responsibility but rather the achievement of suckering consumers and paying deceptive lip service to animal rights groups. It is not what we asked for, "Cage-Free" is a trick of the trade and this article demonstrates the importance of consumer education. That in itself is a step in the right direction.

In Silicon Valley, Millionaires Who Don't Feel Rich

Goes the headline yesterday in the New York Times.

This article is irritating and embarrassing (as one who is about to commence daily appearances in this neighborhood), imho, for a couple reasons.

First, the unsubstantiated complaint of 'not feeling rich' without a definition (or even an attempt at one) of what it is to feel rich. I'm not even asking that the interviewees stop to account for things like health, successful marriages, or happy children - let alone such obvious luxuries as running water, electricity, and health care. Even if we restrict the notion of 'feeling rich' to monetary wealth, as we must in order to be faithful to the article's premise, the effectiveness of the piece would be aided by some perspective.

I have been a member of an upper/middle class northern California family for my whole life, an undeniably fortunate position by virtually any standard. But still, through my naivete and skewed sense of need, wealth, and the state of "being rich" even I can see that these millionaires perhaps do 'feel rich' without knowing it. I would suggest that 'feeling rich' means not having to worry about one of the 2-3 family cars breaking down, knowing that such an event will not threaten one's employment or send one into bankruptcy. Having a paid-off house should count as 'feeling rich,' even having a back yard in this day and age and in this particular bay area community. Not having to worry about being able to afford the kids' education or a medical emergency. How can these things, particularly when taken together (after all, they come admittedly as a package deal for these not-rich-millionaires) not qualify as 'feeling rich?'

Not being able to keep up with the Joneses, history dictates, is a horribly misguided way to determine one's success or failure in life. It is a symptom of that ancient malady, greed, the perpetuation of which we have somehow still not learned to control. How it rose to the "Top 10 most emailed" list is beyond me, the only news harbored in the article for me is just how materialistic America's most wealthy communities have become and how blind to the struggles and prohibitive disadvantages suffered by those in our country and in others who truly are not rich in the monetary sense.

This is not to argue that those caught up in the Silicon Valley rat race fail to recognize just how fortunate they are. But rather that it is surprising that a publication like the New York Times would devote energy and space to such a frivolous and misguided topic. If it's meant to be serious, it's a sad commentary on the community. If it's meant to poke fun and sarcasm at the wealthy and shock the world at the selfishness of Silicon Valley executives, it is too narrow to be fair.

The second point of interest and disappointment for me came with the obvious and yet unmentioned gender divide the situation evokes. For once, the divide has nothing to do with income, but rather has to do with differing responses of men and women to SV-sized paychecks. Men tend to respond by pledging to increase their 60 hour work week to an 80 hour week in order to maintain a respectable place in the pecking order. Women, on the other hand, seem to engage in a back and forth between wondering whether they deserve such excess and worrying that their lives are passing them by and considering the possibility that perhaps a reduction in hours is called for.

Note the difference between this:

“Everyone around here looks at the people above them,” said Gary Kremen, the 43-year-old founder of Match.com, a popular online dating service. “It’s just like Wall Street, where there are all these financial guys worth $7 million wondering what’s so special about them when there are all these guys worth in the hundreds of millions of dollars.”

Mr. Kremen estimated his net worth at $10 million. That puts him firmly in the top half of 1 percent among Americans, according to wealth data from the Federal Reserve, but barely in the top echelons in affluent towns like Palo Alto, Menlo Park and Atherton. So he logs 60- to 80-hour workweeks because, he said, he does not think he has nearly enough money to ease up.

“You’re nobody here at $10 million,” Mr. Kremen said earnestly over a glass of pinot noir at an upscale wine bar here.

And this:

Celeste Baranski, a 49-year-old engineer with a net worth of around $5 million who lives with her husband in Menlo Park, no longer frets about tucking enough money away for college for their two children. Long ago she stopped bothering to balance her checkbook. When too many 18-hour days running an engineering department of 1,200 left her feeling burned out and empty, she left and gave herself 12 months off.

Yet like other working-class millionaires of Silicon Valley, she harbors anxieties about her financial future. Ms. Baranski — who was briefly worth as much as $200 million in 2000 but cashed out only $1 million before the collapse of the tech bubble — returned to work in March.

Along with two partners, she founded a software company, Vitamin D, and already she is resigned to the sleepless nights and other stresses that await her. “I ask myself all the time,” Ms. Baranski confessed, “why I do this.”

That today she is worth around $5 million, said Ms. Baranski, who helped to put herself through school cleaning houses, “was unimaginable in my 20s.”

“I always ask myself, ‘Do I deserve it?’ ” she said. “It never feels like you do, because that’s a lot of money.”

The author chalks this up to 'some people feel differently' but this is a cop out. Much remains to be said about why, while men respond with renewed aggression towards achieving that elusive income level at which he will finally be equal or superior to his contemporaries, women muse that they never expected such wealth and are not sure they deserve it or, in some cases, even want it. Men respond with jealousy, women with a different source of dissatisfaction: worry and self-doubt. Neither of which are healthy or get to the heart of any important issues.

Clearly the distinction that I have drawn may be illusory and the result of a statistically insignificant sample size. Also admittedly, hashing out the science and social implications of this dichotomy would require a measure of surveys, research, and scientific, economic, social and psychological analysis far beyond the resources of this author. However it does a disservice to readers to incorrectly dismiss the issue as a difference of opinion between purportedly identically situated individuals.

How many lost&found mallard babies does it take to fill a teacup?

A pair of tiny abandoned ducklings found battling against waves after being washed out to sea are being nursed back to health - in a teacup.

The fluffy birds were saved from a watery grave when they were found by passing canoeist Chris Murray. He plucked the pair out of the sea and brought them back to land in his canoe. He then took them to Pennywell Farm, in Buckfastleigh, Devon, where they are recovering from their terrifying ordeal. The birds were washed into the sea via the Erme estuary.

Well, ok but you'd think they could splurge for a brownie pan or something right? At least a bowl. I guess it wouldn't have quite the media appeal. Both are named "George" btw.

Consumer Review: California Bar Exam (Part 1 of 2)

So it's been a while. I know. I gave the bar all I had, even my "blog time." I went at it all work-o-holic style, the stereotypical hermit's lifestyle for the duration of that ultimate leg of every law student's academic career. Worth it? So far I think so. I felt prepared so I was able to relax a bit as the big week approached. Whether it helped my performance remains to be seen.

Note to law students and potential law students: The bar exam is 17000 parts hype and 3 parts stuff you actually need to worry about. Believe me when I say this because I am an expert at being a worrier. Those worry-worthy things are a) make sure you get there on time, like for all SIX sessions, b) concentrate on what you need to do to eat and hydrate and sleep well during the three days so that you will maintain consciousness ('cause by the end of July you're running on fumes and going cross-eyed even before the exam starts - 18 hrs of consciousness is not as easy as it sounds), like make a meal plan that doesn't take much extra time on your part during the exam (example 1: I'll get room service because I can afford $18 meals + tip three times a day, OR example 2: pack like you're going on a three day backpacking trip....on Everest) and c) if you're taking it at the Sac convention center - good choice, but don't be a hero. Be a slacker and sign up late so you'll be closer to the water and bathrooms. I had to walk about a quarter of a mile if I needed hydration which put me in the unenviable position akin to that of someone stranded in the middle of a desert - do I go for water and risk collapsing before I find it? And if I collapse do I risk 'them' (the seemingly kind and unassuming little old people who are tasked with securing the premises and take their job about as seriously as they do bingo-calling) calling an ambulance and eventually finding out that I've hidden forbidden nutrients in the form of PowerBar 'Gel' packets stuffed inconspicuously in my bra? Or do I stay put to conserve energy and avoid a rule 12 violation on the Gel?

Seriously, it's all in the logistics. I've heard reports of people fainting and staying unconscious for 45 minutes, I've heard all kinds of vomit stories, like that the girls bathroom on the first day sounds like sunday morning in the dorms. Don't pretend like you don't know what I'm talking about. And I've also heard of people falling asleep, particularly on the multistate. It's a bizarre exercise.

The material is vast, overwhelming even. But just keep studying. It's like a language. You won't ever be called upon to get your head around all of it at once, you just need to know how to respond or at least how to fake it convincingly (seriously, this skill is rewarded) when they throw you that triple crossover. The only way to do it is total immersion. I think.

So it's over for now. Results don't come out for a very very long time. At which point I will unveil part 2.

Let me also give a shout out to barbri who has likely never been so embarrased in the duration of its existance. Not only did they not at all correctly predict what would be on the exam....they made predictions about what would 'surely not' be on the exam that turned out to be brutal and absolute mistakes - like more than one. So the diligent among us were scrutinizing our civ pro, trusts, crim pro, and california distinctions (several new california law topics were added to the bar starting with the july sitting), letting our property, con law, and crim law outlines collect dust when really, the opposite would have been wise. We listened when Barbri said we would see anywhere from two to four MBE subjects tested on the essays (all six appeared. ALL six, with contracts tested twice). We listened when they told us there would surely be a crim pro question, but in any case no crim law. And when they mused about how con law would not be on the exam, and if it was, it would defintely not be on first amendment. So you can imagine our delight when we turned the page to essay 4, thinking surely there MUST be some cal-law questions coming up, only to find an in-your-face-bar-bri crim law/1st amendment crossover.

I never thought I'd say this, but for me, and for this particular sitting, fully 90% of the points I manage to accumulate will come from studying PMBR materials. Which brings me to my PMBR review. Get the materials on ebay or amazon or wherever. Don't pay for the course. Materials are money, but they run kind of a sketchy operation. Which is overpriced but that goes without saying in bar-review land which, by all accounts seems to be immune to anti-trust law. Although I should reserve judgment on PMBR- they were just bought by Kaplan which should reduce the sketchiness (at the same time reinforcing my suspicion about the anti-trust immunity).

Also don't believe bar bri when they say the wait for the results is the 'hardest leg' of the bar exam journey. I'm finding that it's actually not that bad so far. I mean you know, it's a little hard to sleep in ALL the way 'till 11. And I couldn't tell you where my watch is and sometimes when I have to write the date on something, I'm at a loss and feel kind of blond. That's a problem. Also, I don't think it's good for me to be spending so much guilt-free time watching TV and reading novels and magazines. I've returned to that pesky old habit of showering daily. I've received a lot of exposure to the sun lately. I'm losing touch with my old, safe defaults 'can't,' and 'not today, maybe next week,' which have been increasingly replaced with words such as 'yes,' and 'ok' and potentially 'Hi, I'd like to buy a ticket to Hawaii.' But please don't worry, I think I will pull through, despite my inexperience.

And DON'T listen to your dean of students when she responds to your comment that 'bar review isn't THAT bad' by assuring you that "oh, it'll get worse." Jealousmuch of us finally getting to feel excited that our career is just beginning, full of opportunity and paid-off loans? It's a fleeting moment Ms. O, please just let us have it.

That's it, there's really not much more to it. I'm happy to have survived. I'll be happier to survive results. Tune in this fall.

Another wild thing named George

What is it about that name that makes it the default for little lost things? See post here.

Cute picture of the week

I'm back. More on that later. For now I just want to introduce a new series. I try to stay away from being extra cheesy but somethings I just can't resist. I have an instinctual and uncontrollable "awwwwww! how cuooooooote" reaction to pictures like this and can't keep them to myself but don't want to spam everyone who's not interested. So here 'tis.

It's worth 'clicking to enlarge' - yup that's a mini horse under the belgian, the smallest one alive. Or so says the british press.

Where were they then?

From the show that started it all (and by 'it all' I mean America's obsession with lip-synching pre-teen popstars), I bring you the stars of Kids Incorporated....

Then:

Stacy and Love on the set

And now:

Jennifer Love Hewitt

Fergie

Don't be like the MBA students

Just a bit of advice I'd like to give my colleagues who are in the very midst of their final round of finals.

So Duke has produced some winners this year, hasn't it (a-hem-lacrosseteam)? Have you ever wondered how it would even be possible to cheat on an open-book, take-home exam? Well, here's how to not...

Thirty-four first-year business graduate students at Duke University cheated on a take-home final exam, a judicial board has found, in what officials called the most widespread cheating episode in the business school’s history.

The final was an open-book test in a required course in March, with students told to take the exam on their own. But many students collaborated, in violation of the school’s honor code, according to a ruling last week by the judicial board of the Fuqua School of Business at Duke.

School officials declined to identify the course, the professor or the students, citing confidentiality in judicial board matters. But they indicated that the professor had noticed similarities in the answers by the students, who are candidates for a master’s in business administration.

Nine of the students face expulsion, according to the ruling, which was distributed within the business school on Friday. Fifteen students were suspended for a year and given a failing grade in the course; nine were given a failing grade in the course, and one got a failing grade on the exam. Four students accused of cheating were exonerated.

Good news for George

Which George did you think I was talking about?

The giant Galapagos tortoise that became a conservation icon when it appeared he was the last of his kind is not so alone after all.

"Lonesome George" was thought to be the only survivor of a tortoise species native to the isle of Pinta.

Now, the journal Current Biology reports the discovery of a hybrid - the offspring from the union of a Pinta tortoise and another island species.

The "new" animal thus shares about half its genes in common with George.

Unfortunately for efforts to get George to reproduce, this hybrid tortoise, recently found on Isabela isle, is also a male.

Nonetheless, its discovery in a relatively small sample of tortoises raises fresh hope for the future of George's species (Geochelone abingdoni).

A more thorough sampling of the 2,000 tortoises living on Isabela could yet reveal a genetically pure Pinta tortoise, say the researchers.

Destination, Lithuania

Vilnius, Lithuania is billed in the Times today as the poor man's Paris. It's a good article and makes me think the town has a little more originality than that.


"The night life is lively and unpretentious..." And as if that weren't enough, I do believe that's a Red Bull sign above the bar.



More pictures and full text available at this link.

Small World

View from the Albany condo:


View from the Samos house:

Copycat threat revisited

A letter from our dean re: the Boalt student who's hoax disrupted Hastings School of Law last week. Prior post here.

April 25, 2007

To: Boalt Community

From: Dean Christopher Edley, Jr.

It has been a week since the distressing events involving a Boalt
student’s threat —a hoax — against the community at Hastings College of
the Law. I am writing to let you know that all our actions following the
incident have been taken with the intention of securing the safety and
well-being of our community and that at Hastings, while respecting the
procedural rights of the student.

On Wednesday, April 25, 2007, the Law School filed a complaint with the
U.C. Berkeley Judicial Affairs Office against the law student who
claimed responsibility for posting the threat on a website. We, the
administrative leadership of Boalt, believe that the student’s action is
clearly in violation of a number of regulations detailed in the Student
Code of Conduct. The case will be adjudicated by Judicial Affairs
according to campus regulations. Those regulations prohibit us from
disclosing the name of the student against whom we are proceeding.

Based on the facts as we understand them today, we have recommended
expulsion. This is based not only on the intrinsic wrongfulness of the
act itself, but also the disruption, turmoil and emotional toll on the
Hastings community and, to a more limited extent, the Boalt community as
well. I have received ample evidence of this through a great many
emails, some of them painful to read.

This incident has once again confirmed for me the strength and qualities
of the Boalt community. Even in this challenging circumstance, you have
engaged in thoughtful and productive discussions. We should all take
some pride in this, imperfect though we are.

Christopher Edley, Jr.
Professor of Law and Dean

I was a little surprised to hear the school has settled on expulsion as the recommended course of action so soon, though I do believe it's warranted (maybe) if we're looking only at punishment and deterrence. From a policy standpoint though, expulsion would send a strong message to people like Trustafarian that the best course of action when one realizes the full ramifications and costs of one's mistake is to stay silent, lest you be made an example. Think about how much worse the situation would have gotten, how much more costly, how much greater a toll would've been exacted on Hastings students on the cusp of final exams and graduation had this guy not come forward so soon. That he did should be good for something. A public apology, as some have suggested, would have been worth even more - but would perhaps have been as bad for the perpetrator as expulsion since breaking his anonymity will inevitably tarnish his legal career for a very long time. It may be too late already to salvage his 'character' since state bars typically require disclosure of any 'non scholastic' school discipline. I.e. disciplinary discipline as opposed to grades-based discipline. On the other hand, I've never heard of anyone not getting into the bar because of a line item on their moral character and fitness application. Which is not to say it doesn't happen but my guess is that it's rare. In any case, this whole episode has been an oft forgotten lesson as to how seriously jokes, mistakes, and lapses of judgment and character are taken in this community.

I have to commend the system for an air-tight job keeping the name of the perpetrator confidential. None of the student-run threads or blogs in the Boalt or Hastings communities have come up with a name. That said, it can be (only speculatively) narrowed down to 3-4 people in the facebook based on uncorroborated self-descriptions Trustafarian has left over the past several months on AutoAdmit.

Note that the word in the halls these days is that Edly's (perhaps draconian) recommendation is really a strategic ploy to come off as hard-on-crime when everyone is aware that the notoriously flaccid Judicial Affairs won't really kick him out.

Alcohol makes fruit healthier

Sweet. Bring the Vegas-sized pomegranate cosmos.

But there must be a downside, right?

[Strawberries contain] compounds that can protect against cancer, heart disease and arthritis.

But having them with alcohol, such as in a daiquiri, boosts these antioxidant properties, the Journal of the Science of Food and Agriculture says.

The researchers, from the Kasetsart University in Thailand and the US Department of Agriculture Research Service, were actually looking for more effective ways of keeping fruit fresh during storage.

They found that treating strawberries with alcohol enhanced the antioxidant capacity within the fruit - which boosts the fruit's power to neutralise destructive molecules called free radicals - by a third.

Free radicals are highly reactive oxygen molecules which damage DNA and cell membranes.

They are linked to a wide range of diseases and are thought to be one of the chief causes of ageing.

Treating blackberries in the same ways also had beneficial effects.

Still good....ok, here's the downside:

"Whilst this study suggests that consuming strawberries with alcohol increases the antioxidant capacity, there are clearly detrimental effects of consuming alcohol in terms of cell damage.

"So any potential antioxidant benefits may be cancelled out by the potential liver damage caused by too much alcohol.

Whilst? Seriously? Who would take advice from someone that uses the word "whilst?" Clearly they are channeling a time long before the advent of modern medicine.

And here's the let-me-rain-on-your-parade-by-mentioning-that-the-same-advantages-of -wine-can-be-obtained-by-eating-grapes bit of psychobable:

But Dr Frankie Phillips of the British Dietetic Association said: "It's well known that some preparation of fruit and veg can enhance the availability of nutrients and other plant chemicals including antioxidants.

"For example, cooking tomatoes or stir frying pepper facilitates availability of the lycopene and beta-carotene they contain.

"That's why the five-a-day message states to include a variety of fruit and veg as fresh, frozen, juice, dried and canned, and encourages different preparations."

Oh stop.

Please note that Dr. Phillips is the one who said 'whilst.'

Loose cannon at boalt high

I haven't posted anything about the Virginia massacre because the more I think about it, the more moments of visceral empathy I experience, the more convinced I become that nothing I could write in a few sentences could do the situation justice. It's truly an unimaginable catastrophe and I don't want to trivialize it by posting a few pictures or a link. I think everyone has been pretty well appraised of the events as they've unfolded by the media and I mention it now only because it's been made into a backdrop for the drama that's unfolded over the last 48 hours on our own turf at Boalt.

I've visited law-related threads on AutoAdmit (self-billed, somewhat ironically, as "the most prestigious college admissions discussion board in the world") before and have been unpleasantly surprised to find that the maturity level of the discussions often bears an uncanny resemblance to that of the the yahoo chat rooms I remember from high school. Wednesday, someone on the message board spouted off some empty threats, meant as a joke, about a copycat VA attack on Hastings Law School. Turns out, it was one of our own.

The person whose threats of violence shuttered Hastings College of the Law on Wednesday was a student at UC Berkeley's Boalt Hall School of Law, according to officials at both schools.

The message was headed, "Just decided not to do a murder-suicide copycat at Hastings Law" and was authored by a user called "Trustafarian," who went on to write, "I went to bed all set for 'Bloody Wednesday,' but when I woke -- to sun, to flowers in bloom -- I just couldn't bring myself to suit up. Maybe tomorrow; I hear rain's in the forecast."

Hastings officials closed the law school Wednesday after being made aware of the threat and increased security in the wake of the incident, according to [Hastings Dean} Newton. The heightened security will remain in effect through the end of the school year, she wrote in the e-mail to students.

In Edley's [Dean of Boalt Hall] e-mail to Newton, he expressed his "deep regret and sympathy," to the Hastings community for "the anxiety and upset," created by the posting.

The FBI and San Francisco Police Department determined that the suspect "does not pose a risk to others," Edley wrote, and continue to "investigate whether criminal charges are appropriate."

Regardless of the criminal investigation, Edley said, the school will consider disciplinary proceedings against the student.

While this 'joke' was an unbelievable and costly display of bad judgment, insensitivity, and recklessness, there are mitigating circumstances. The post came down within 10 minutes and the student made an immediate confession permitting the assurance of the comment being a joke almost before news of the threat got out. I, for one, didn't hear about the threat until I received Dean Edley's email reassuring the Boalt community that the suspect and circumstances had been investigated by the FBI, no less, and were not considered a legitimate threat. I don't have any sympathy for whoever this is and the massive trouble they've gotten themselves into, but I'm also not proud of some of my classmates' reactions.

Much of the Boalt community is understandably enraged, but some are responding with a maturity level similar to that of the mystery 1L and a total disregard for all things "due process." Concern about rank, reputation, convinced this person should be barred from the profession forever or at least socially ostracized during the rest of his time in law school. There are threats to post his name on a Boalt blog and make his life a living hell forever more. Also some blog commenters have made the excellent point that Boalties have publicly slammed Hastings for far more docile offenses and today, not an ill word about Boalt can be found on popular Hastings blogs and bulliten boards.

High school never ends, indeed.

I'm betting a name will come out in the next week or two. These things have a way of doing that. Note that it is widely speculated, from this guy's own writings and other similarly unconfirmable and uncorroborated evidence, that "he" is a white male.

I think anyone with such an extreme deficit of common sense, discretion, intelligence and maturity is going to learn his or her lesson soon enough. Particularly in the highly competitive and hyper-critical world of law. Don't get me wrong, there are plenty of assholes in the profession, but really, unless this person is smart enough to learn a lesson now and get his attitude in check, he won't have a good time of this profession, even if he does manage to survive law school. We live in a paranoid world. And no one should know that better than a lawyer.

Consumer Review - Diet CokePlus

I have an acquired taste (regrettable passion?) for diet soda which makes what I have to say about DietCokePlus all the more sad.

The first disappointing thing about it is the label. The front is nice, "plus" is in rainbow letters, that's cute. I like the choice of seabreeze blue for the accents and cap. "Diet Coke with Vitamins & Minerals," it says. But then you turn to the Nutrition Facts on the back and realize you can probably get more vitamins and minerals out of a tablespoon of the water from your showerhead. Or maybe, depending on your cleaning habits, from the showerhead itself.

Per 8oz serving...
Niacin - 15% Daily value
Vitamin B6 - 15%
Vitamin B12 - 15%
Magnesium - 10%
Zinc - 10%

Notably completely absent are vitamin A, calcium, iron, and perhaps the most commonly (i.e. easily and cheaply) dissolved vitamin in prepackaged food and food-like products, vitamin C.

Also notably, in the ingredient lineup, coloring, aspartame (nutrasweet), and caffeine all occur in greater amounts than any of the above vitamins & minerals.

So if you were expecting a significant dose of anti-oxidants, this isn't for you. If you were looking for cough syrup that comes in coke flavor, this is a close substitute, which brings me to my second disappointment. Diet beverages are usually 'too sweet' but this is off the charts, and I think it only comes in "diet." I would recommend adding a cup of tap water to every 20oz bottle in order to dilute the aspartame and and top off the minerals.

Cognition Enhancers

How have I not heard about this? Modafinil, is said to improve a range of brain functions including memory, concentration, and ability to learn.

The drug is not without dissenters.

New drugs that can boost brainpower could be given to children by pushy parents, it was claimed yesterday.

There are also fears that high- flying professionals might take the "cognition enhancers" to gain a competitive edge at work.

The warnings came as [British] Government backed researchers examine the potential of the drugs which previous research has shown to improve memory, concentration and learning ability.

There are some side effects, of course...like brain damage.

Critics say users can put themselves at risk of sleep deprivation and suffer damage to their brain and central nervous systems.

And it may be addictive.

But this is America, so bring it.

In the U.S., cognition drugs are taken by people such as long-distance truckers, students and taxi drivers because it 'turns off' the need to sleep while allowing them to remain mentally alert for days.

In the UK it's used only for narcolepsy. And it's been banned by the International Olympic committee.

Despite potential problems, researchers are optimistic about marketability:
t looked at the potential development of cognitive enhancers over the next 20 years and concluded they could become as "common as coffee".

Well ok, let's not get carried away. Maybe as common as no-doz. Which is totally passe. It would probably help sales a bit if they use this as a tag line:

Research carried out at Cambridge University in 2002 found that healthy volunteers taking modafinil scored higher on computer games designed to test their mental functions than those given a placebo.

But check out the pills - they may not need any creative sales strategies. This stuff couldn't look more like E if it was dyed blue and yellow.


Yes, I think it says "mod" in a cutesey font. Shameless.

And while we're on the topic, I should mention Robert Wright's hypothesis that there's a positive correlation between the amount of Prozac (and other SSRI's) in the world, and the amount of email. No joke. Well, sort of a joke, but he makes a good point. Here's the link.

Zach Braff - actor, director, and model. Who knew?

My better half thinks I have a crush on this guy. But really I just admire his work. And he looks really good in bowling shirts, turns out....

In case you like what you see, I'll include some price points.

Jacket - $3,995 by Giorgio Armani

Jacket - $1,450 by Dolce & Gabana

Pants - $168 by Juicy

Priceless

Isn't it arbitrary....

...when the same week Imus is fired for saying "nappy-headed hos," the
Supreme Court decides not to hear the appeal of a man who was fired for
complaining too much about a white co-worker who referred to the
snipers who ran amok in Washington DC in Oct 2002 by saying:

"They should put those two black monkeys in a cage with a bunch of black apes and let the apes [sexually assault] them,"

Was
this somehow less bad than Imus? It was certainly less "celebrity." But
it was 'uttered' (<-- legal term meaning 'said') at work to a somewhat captive audience. Then again, the co-worker was talking about murderers. I think I've said before that I'm a fan of free speech, but with freedom comes responsibility not to be an ignorant prick. My thoughts are that Imus had it coming...although I'm not sure why this particular jab was the one that got him thrown out. Power of the media perhaps? As for the Court, from the little I know about the incident, I think they made the right decision. Full article here.

Consumer Review - Kinky Boots

No one can mix a risque topic with a feel good lesson about life like the british. In the spirit of The Full Monty and Calendar Girls they've done it again with Kinky Boots. It's hot. That's really all there is to it. And it makes me want to go out and buy shoes. But it doesn't take much to make me want to buy shoes. The previews give away all the epic soundbytes ("sex isn't supposed to be comfortable!") but I still laughed at one and all.

Characteristically priceless advice from the CODE Prophet

Perhaps you've noticed that for a bar-inspired blog, this one has had precious little to do with the bar thus far. That's because I was trying not to say anything about it, whether in real life or the www until graduation. But alas, we can't all be purists.

I write now to convey some well reasoned and wise advice from a certain esteemed, brilliant, and french upholstery-enamoured professor (who passed the NY bar w/ a week of study, btw):

"BarBri teaches you way more than you need to pass the bar. If you think about it, knowing to much could be harmful. If you really know the law you'll end up doing badly on the Multistate [day-long, super-tricky multiple choice section referred to by the founder of PMBR as "one atomic skull-crusher after another for six hours"] because you'll realize that either none of the answer choices are true or that more than one is."

This guy is my idol, if for no other reason than because he never fails to remind one of one's mediocrity.

On Marriage

This is brilliant.

Consumer Review - Enviga

I've been eyeing it in the supermarket, I've been blogging about it, I've been innundated with the posters at the gym (it's marketed in there as a "workout in a can," essentially). And today I tried it for the first time. Green Tea flavor. Conditions were perfect, it was ice cold, I'd been in a hot car for over an hour (with an hour to go) - there was no excuse for it not to hit the spot. But despite this, it was so unbearably gross that notwithstanding my desperation for something refreshing (and caffinated - my only entertainment for this roadtrip was the PMBR property lecture), I was forced to reach for my half-day-old luke warm coffee instead. Here's the best description I've been able to compose: It's like someone threw some alka-seltzer tablets into diet tonic water and then added more nutra-sweet (specifically the kind in the pink packages) and some tannins. Chalky and dry with that bizzare plasticy-saccharine aftertaste, it truly made me feel a little sick.

Bottom line: At a buck fifty a pop, I don't care how many calories it burns or how much EGCG and calcium is dissolved in there - I'd rather go for a run or pay the $2 for a sugar-free Red Bull. That stuff is money.

Selective enforcement

Cocaine (the energy drink) has been deemed 'illegal' by the FDA. The problem seems to be that the company is making drug-like claims without having approval from the FDA from a drug-like product rather than simply a food product. But I think the real problem is that the FDA is uncomfortable with the marketing. It has the same name as an illegal drug, unlike 'red bull,' 'enviga,' or 'go girl.' And a suggestive font (read on).

This Cocaine is an energy drink produced by a Las Vegas company. It contains no actual cocaine but is being marketed as "The Legal Alternative" to the illegal drug, according to its website. Its logo appears to be spelled out in a white powder that resembles the drug.

The Food and Drug Administration said Redux Beverages was illegally marketing the drink as a street drug alternative and a dietary supplement, according to a warning letter dated April 4 that was released Wednesday. The FDA cites as evidence the drink's labeling and website, which include the statements "Speed in a
Can," "Liquid Cocaine" and "Cocaine — Instant Rush," according to the letter.

I've tried a lot of energy drinks and I don't know of many that don't make drug-like claims, take enviga which will boost your metabolism, and is "proven to help you burn calories." If this isn't a medical claim, I don't know what is. Plus it "provides 20% of the daily value for calcuim." How is this not marketing the drink as a dietary supplement? Note that milk makes a similar claim about calcium. And I think you could qualify just about anything we consume "street drug alternatives?"

In addition, dietary supplements cannot carry claims to prevent or treat a disease — something only drugs can do, according to the letter. The Cocaine website lists an ingredient called inositol and says it reduces cholesterol and helps prevent hardening of the arteries, among other health claims, the FDA said.

While we're at it, lets reclassify honey nut cherrios and quaker oatmeal.

"Your product, Cocaine, is a drug," the three-page letter reads in part. It's also a new drug and as such cannot be sold without FDA approval. In addition, the FDA said, the product is mislabeled because it doesn't include "adequate directions for its intended uses."

Drug yes. More of a drug than coffee or alcohol? No. Warnings I'll buy, I don't want kids to be having panic attacks or being rushed to the hospital in the middle of school and god knows the marketing poses a danger that the stuff will be over-used, but this is not the kind of thing anyone expects to find in the "No-Doze" or Vitamin section. If the FDA has a problem w/ the marketing and lack of warnings, that's fine, but by classifying the drink as a drug for the reasons in the letter, their regulations become unconstitutionally vague and overbroad (thank you PMBR). A better option would be getting the AG to prosecute for 'time place manner' violations in advertizing. Oh, the AG is tied up right now? My bad. Cheers.

When tax cuts become a Democratic platform

An idea whose time has come. Again, and again, and again.

The good:

Between now and the end of May, House Democratic leaders hope to draft a permanent overhaul of the [Alternative Minimum Tax] that would effectively exclude anyone who earns less than about $200,000 a year — about 97 percent of taxpayers.

The bad:

But that plan would leave a $1 trillion hole in the federal budget over the next decade, which Democrats would have to replace with revenues from other places or with spending cuts, under new “pay as you go” budget rules. Just postponing the expansion of the tax for one more year would reduce revenues by about $50 billion, according to Congressional budget projections.

And the ugly...

After his re-election in 2004, Mr. Bush vowed to overhaul the income tax and abolish the alternative minimum tax as part of the process. But even though he received recommendations from a handpicked advisory panel, Mr. Bush ignored the proposals and never came out with a plan of his own.

Well, I can see as how that would be difficult, what with not even being able to come up with a thought of his own. Oh but I exaggerate, I guess the war was his idea.

The Democrats themselves are divided on how to alter the alternative minimum tax. The Democrats’ chief tax-writer in the Senate, Max Baucus of Montana, has shown little enthusiasm for replacing it with tax increases in other areas. Earlier this year,... Mr. Grassley introduced a bill that would repeal the tax entirely, without trying to recoup the lost revenue from tax increases elsewhere. Mr. Baucus joined in sponsoring that bill.

Gramm-Rudman who?

And in yet another moment of lucid congressional logic...

“You’re talking about replacing a hidden tax which most people don’t even know about with an explicit tax,” said Leonard Burman, a senior fellow at the Urban Institute. “On policy grounds, it’s a good idea. On political grounds, it’s a lot easier to have the tax hidden.”

Good plan! Making the code so complex that the public doesn't even know they're paying taxes is certainly air-tight public policy.

Why is this not a bipartisan issue? Blame the Dems for this radical leftist plague of fiscal conservatism.

The House Democrats’ embrace of tax-cutting rhetoric stems in part from a pragmatic consideration: the alternative minimum tax has a disproportionate impact on Democratic-leaning states. That is because those states tend to have higher incomes, higher property values and higher state and local taxes — all factors that expose people under the alternative tax formula.

A new analysis by Citizens for Tax Justice, a liberal research group, predicts that almost one-quarter of all taxpayers in Connecticut, New Jersey and Massachusetts will have to pay the alternative tax in 2007 unless Congress freezes it again. About one-fifth of all taxpayers in New York and California would be exposed.

RIP AMT

Vitamins are still bad for you

The battle of the experts (for grant $'s and patents) continues...

Looking at dozens of previous studies, Copenhagen University researchers suggested these appeared to raise, not lower, the risk of early death.

A supplements industry expert said the Journal of the American Medical Association study was fatally flawed.

But nutritionists said it reinforced the need to eat a balanced diet, rather than relying on supplements.

Note: this article doesn't offer much that wasn't included in the link from a previous post. BBC is behind the Times on this one. Ha ha.

Beijing's Penis Emporium

I guess boiled sheep testicles were just the beginning. This is completely grotesque, don't read it if you've eaten anything in the last hour. Do read it frequently if you're trying to lose weight because it's a guaranteed appetite supressant. I couldn't finish it and I've got a pretty strong stomach. Don't tell me how it ends.

Stern and Malakar deserve each other

Ok, back to Sanjaya, one last time. I am loathe to revisit this
pseudo-saga because I don't much like this kid and would prefer to just
ignore him. I consider myself generally a pretty tolerant person. And
I'm particularly tolerant of guys who can sing. But I don't like his
voice, I don't like his look, I don't like his performance style, in
fact, he's kind of like a tick - I just don't want to deal, you know?
It's BORING and annoying and weird. And I really don't like all this
gimmicky cheap-fame VFTW fuss.

So why do I join the fray? To take Howard Stern to task. IMHO, he has just totally annihilated any credibility he had left by assuming he is influential enough and smart enough to "corrupt the entire thing."

“All of us are routing ‘American Idol.’ It’s so great. The No. 1 show in television and it’s getting ruined.”

By promoting Mr. Malakar, Mr. Stern says, he hopes to turn the talent competition into a farce and destroy its popularity.

I have at least two problems with this. The first is that he treats the whole concept as if it's his brand
new brain-child and perhaps the most brilliant thing that has ever been
thought, ever. Second problem is that VFTW doesn't work. Neither the
group, nor Stern, came up with this idea yesterday. It started three
seasons ago and ultimately the most genuinely popular contestant still
wins. Not necessarily the best (see the Ruben and Taylor years), but
the one who wins our hearts. If Sanjaya wins, it won't be because some
obnoxious attention-and-maturity-starved group of kids that have too
much spite and too much time on their hands conspire to collectively dial
in every week. Aside: I often wonder just how big the contingency is
and whether it holds a candle to home-town contingencies, vote for the
cutest guy or girl contingencies, and other fanatic groups that don't
get as much press but that probably have similar success... Back to the point: If he wins it will be because
enough people (you know who you are....Althouse, L, and the crying girl) genuinely adore him. God help them.

These are not empty threats Mr. Stern. There is a mathematical proof that explains why the VFTW
candidate can't prevail and it goes like this. When voters have a dozen
people to choose from, it's easier for any organized group to amass a
simple majority. But as the field narrows and fans of good performers
have to choose one out of two or three, they concentrate in larger
numbers on the better contestants. Also, people start
to care more towards the end of the show because the stakes seem higher
and more tangible. And they start voting. So if it comes down to Sanjaya and Blake, VFTW is going to have to outnumber those against VFTW + those for Blake.*

*I imagine (and hope) it's possible for this whole Stern thing to have a "Newsom effect" whereby people opposed to VFTW
suddenly take notice that they better start proactively guarding their
values by passing constitutional amendments against the heathens. For
example, I'm definitely planning to start voting to combat this radical
and unhealthy movement. Maybe.

Has Mr. Stern's endorsement made a difference? The founder of VFTW claims yes, unsurprisingly.

According to Mr. Della Terza, votefortheworst.com
had been receiving a million or so hits per “Idol” show this season;
that number jumped to more than three million after his first
appearance on Mr. Stern’s show.

But he forgets to mention that if you visit the mail bag full of comments on votefortheworst.com,
messages left by these 2 million more people reveal a virulent hatred
toward the group and what it's doing. The 'comments' are comprised
almost entirely of misspelled and grammarless complaints and lawsuit threats as infantile and misguided as the group itself.

Ok,
that's my rant, I'm really going to try to stay away from this whole
mess now. It makes me irritable. My pics for the top three: Blake,
Melinda,Jordin. In that order.

Get your elitist patriot propaganda off my treadmill

Gone are the days when finishing a marathon is challenge enough. A woman is about to attempt the Boston on the international space station 210 miles above the Earth. Why not just do it in Boston, you ask? Well, two reasons really. One is that you don't really need to be in Boston to compete in the Boston. Two is that she's simultaneously trying to break the record for longest continuous time spent in space of any American ever.

An American astronaut will run this year's Boston Marathon on board the International Space Station.

Sunita Williams, 41, a US Navy commander, will be tied to a treadmill to combat the effect of weightlessness.

She qualified for a place by finishing last year's Houston Marathon in three hours 29 minutes and 57 seconds.

But she blasted off on board the Discovery space shuttle in December, prompting her decision to try to run the race in space on 16 April.

This is nice, I guess, to allow her to compete. I wouldn't begrudge her that chance since she's clearly qualified and has gone through a lot to make it happen. But, what's the point, exactly? Doesn't it turn into a completely different exercise when you're running in zero gravity? Even if you're strapped to a treadmill....no wind resistance, climate control, regulated oxygen level, maybe a cath, you could sort of float above the treadmill as the miles tick by. And doesn't the treadmill itself add a bit of fallacy to the whole thing by enabling you to be hyper aware and in control of things like your pace, incline (and note, no decline possible), stride, time, etc.? Plus, there will be no weight bearing which is pretty much what sets running apart from things like swimming and cycling (also, it seems to frustrate her complaint that she won't have a bath waiting at the end).

So what does the Boston Athletic Association have to say about the attempt? Well, Jack Fleming of the BAA is setting his own record for the most offensively misguided digs that could possibly be packed into one short sentence.

For Suni to choose to run the 26.2 miles (42.2km) in space on Patriots Day is really a tribute to the thousands of marathoners who are running here on Earth."

Ok, first, wtf does patriots day have to do with it? And second, I'm pretty sure this is not about the runners on earth. It's about running in space. She's doing it for herself, for the Navy, to set a record, but not for the people on Earth. There's not much remarkable or tribute-worthy about running on Earth anymore, precisely because of what she's doing.
This whole thing is a little strange - this performance, though obviously a test of physical and mental strength and stamina, really doesn't seem to quite count as running. Not only because of the things I alluded to above, it also raises a whole litany of potential injuries and difficulties that differ from those suffered by marathon runners:

Nasa has built a "vibration isolation system" to keep the space station steady as Ms Williams runs, but this places extra strain on the runner's hips and shoulders.

"That harness gets hard on her back and her shoulders or her hips," said the astronaut's sister, Dina Pandya.

"Her foot was going numb because the strap was on her hip so much."

I think my problem with this is that it's arbitrary and not really about 'running' the 'Boston' marathon. It seems suspiciously like a 'rally 'round the flag' publicity stunt. Apparently great lengths are gone to in order to accommodate qualifiers who can't actually be in Boston for the marathon. And the only example given is that US soldiers abroad are given the chance to compete by being sent care packages of finishing line, watter bottles, and trophies. Which is nice. But when did marathons become marketing billboards for Patriots Day and US troops and war and astronauts?

I have a plan that would fix everything without expanding the fiction.... that is without expanding it beyond what is clearly already acceptable. Instead of saying she's running the Boston marathon when she's actually 210 miles away from Boston, she should just say she's 'continuously' in outer space by fudging the detail that she spent a day in Boston...

But lest I miss a chance to exploit such a fine-tuned loophole, I'm going to complete the Boston Marathon by sitting on my ass for five hours strait finishing up my workshop papers. On Patriot's day of course. And to simulate running I will consume nothing but Gatorade and that Cliff goo until hour 4 when the sustinance stations close up.

"A little [alcohol] may be better than none...

...but a lot is worse than a little." So don't be a lush.

Last year, with the support of the Unilever Health Institute in the Netherlands (Unilever owns Lipton Tea), a panel of experts on nutrition and health published a “Beverage Guidance System” in hopes of getting people to stop drinking their calories when those calories contribute little or nothing to their health and may actually detract from it.

Other items of note:

Coffee is truly majestical. Up to 30oz of coffee a day is advantageous w/ few downsides, but don't drink the expensive stuff like french-pressed or espresso....

Several good studies have linked regular coffee consumption to a reduced risk of developing Type 2 diabetes, colorectal cancer and, in men and in women who have not taken postmenopausal hormones, Parkinson’s disease.

Most studies have not linked a high intake of either coffee or caffeine to heart disease, even though caffeinated coffee raises blood pressure somewhat and boiled unfiltered coffee (French-pressed and espresso) raises harmful LDL and total cholesterol levels.

Caffeine itself is not thought to be a problem for health or water balance in the body, up to 400 milligrams a day (the amount in about 30 ounces of brewed coffee).

Mice prone to an Alzheimer’s-like disease were protected by drinking water spiked with caffeine equivalent to what people get from five cups of coffee a day. And a study of more than 600 men suggested that drinking three cups of coffee a day protects against age-related memory and thinking deficits.

Back to alcohol...

Moderate consumption — one drink a day for women and two for men — has been linked in many large, long-term studies to lower mortality rates, especially from heart attacks and strokes, and may also lower the risk of Type 2 diabetes and gallstones. The panel found no convincing evidence that one form of alcohol, including red wine, was better than another.

Coffee is even better than milk (but water still comes out on top).

[The panel] rated low-fat and skim milk third, below water and coffee and tea, as a preferred drink and said dairy drinks were not essential to a healthy diet. The panel acknowledged the benefits of milk for bone density, while noting that unless people continue to drink it, the benefit to bones of the calcium and vitamin D in milk is not maintained.

Tea.

Tea lowers cancer risk in experimental animals, but the effects in people are unknown. It may benefit bone density and help prevent kidney stones and tooth decay. And four or five cups of black tea daily helps arteries expand and thus may improve blood flow to the heart.

Soy milk.

“Fortified soy milk is a good alternative for individuals who prefer not to consume cow milk,” the panel said, but cautioned that soy milk cannot be legally fortified with vitamin D and provides only 75 percent of the calcium the body obtains from cow’s milk.