Mount Hood photo courtesy Chris Markes.





Meter updates every 30 seconds. Click here for
an instant update.
Our complete Portland debt series linked here.



Clearance sale
The bojack bumper sticker -- only $1.50!

To order, click here.







Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!






E-mail us here.

About

This page contains a single entry from the blog posted on August 19, 2006 11:30 PM. The previous post in this blog was Real boobs target fakes. The next post in this blog is Blog as chick magnet. Many more can be found on the main index page or by looking through the archives.

Links

Law and Taxation
How Appealing
Bag and Baggage
TaxProf Blog
Mauled Again
A Taxing Matter
TaxVox
Tax.com
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
OrCon Law
Ernie the Attorney
Conglomerate
Above the Law
The Volokh Conspiracy
Going Concern
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
myCorporateResource.com
World of Work
The Faculty Lounge
Lowering the Bar

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Utterly Boring.com
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Positively Glorious
The Rural Bus Route
Another Blogger
OregonGuy
The World of Today
Izzle Pfaff
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
Lost in the Details
Penultimate Life
HinesSight
Onfocus
AntSaint
Jalpuna
MTPolitics
Rise Above
Beerdrinker.org
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Whitman Boys
Misterblue
Two Pennies
Scott Hendison
Sansego
The View Through the Windshield
Mikeyman's Computer Treehouse
Appliance Blog
The Bleat
Rosenblog

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
Evidently
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
{AE}
Cat Eyes
Kerianne
Melissa Lion
Rhi in Pink
Althouse
GirlHacker
Ragwaters, Bitters, and Blue Ruin
Heather Bea
Gina Rau
Chantel Williams
Frytopia
I Count to 4 (Nth of Pril)
Rose City Journal
Ready or Not
Lao Ocean Girl
Type Like the Wind

Portland and Oregon
Isaac Laquedem
StumptownBlogger
Rantings of a [Censored] Bus Driver
Jeff Mapes
Another Portland Blog
The Portlander
Gail Achterman
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Housing Blog
Portland Daily Photo
Portland Building Ads
Portland Food and Drink.com
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion
LoveSalem

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
The Grich
Kevin Allman
AboutItAll - Oregon
Worldwide Pablo
Tales from the Stump
This Stony Planet
1221 SW 4th
Twisty
I am a Fish
Here Today
What If...?
Superinky Fixations
Pinktalk
Mellow-Drama

Wonderfully Wacky
Dave Barry
Borowitz Report
Blort
Stuff White People Like
Probably Bad News
The Dullest Blog in the World
Worst of the Web
The Ultimate Insult
Scrabo's Mad World
Lancow's E-mail

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Maukie
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
KGW-TV
The Oregonian
Portland Tribune
KOIN
Willamette Week
KATU
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB
Topix.net - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
KPTV
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

Music-Related
The Beatles
Bruce Springsteen
Seal
Sting
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Saturday, August 19, 2006

Dear Randy Cohen

Somebody ought to write to The New York Times ethics guy about this one.

As Oregon scams go, it looks like nothing to me.

Comments (1)

I know Jack, over at BLUE OREGON, they broke this shocking story of LIM. As you do, I am sure you are invited to speak to orgainzations on occassion. I did at one time years ago work for goverment, and many times would want to go to a seminar that my boss didn't have money in the budget to support or want to pay expenses for, but we would compromise and he would let me have the time off, and I would pay my own travel expenses. If you look at the numerous junkets our City commissioners go on routinely at tax payers expense, we should be cheering this guy not chastizing him.

We are about the same age Jack, the story I wanted up there on Blue Oregon was the one that I felt was more relevant and posted on BLUE Oregon after the majority of folks felt as you did the LIM thing was petty, and got Chastized. I remember Andrew Young, and admiring him so much during the Civil Rights movement, and his ground breaking election the first Black to congress from the south since reconstruction, Ambassordor to the UN.


As far as stories go how about Page 4 of todays(Saturday August 19) Oregonian, Andrew Young, Demo Icon, Carter appointed UN ambassidor, and Mayor of Atlanta, but most recently former head of "Working Families for WalMart" "the non-profit grassroots" organization he headed, "resigning after saying the "mom and pop" stores run by "Jewish, Korean, and Arab shopowners who have "ripped off" black customers"

We should be looking at the "system" of how a once proud and good man and leader in the Civil rights movement, a man like Andrew Young, went from where he was to being a month piece for WalMart, and spewing racist garbage.

Posted by: John Capradoe at August 20, 2006 08:04 AM

If no tax dollars were spent then it looks like just a matter of the airline charging Lim the regular price. If Lim, upon being rejected a lower price, caused an uproar and demanded the lower price then this would have shaped the procedural character of any legal case he might bring against the airline.

To have the airline give the discount, of their own free will, then later complain about the ethics of the requester allows the airline to be highly selective; to be arbitrary.

Perhaps the airline could demand that someone within DAS supply EVERY person claiming the discount rate something like a permission slip to be excused from school or a student hall-pass to use the restroom during class time.

Any paycheck-to-paycheck soul that has no savings ought to be offered the lower rate too, if it remains "profitable" to the airline, by the way. The elementary notion from General Agreement on Tariffs and Trade (GATT) in the international context is that each country have uniformity in offers between entities within the member countries, rather than have favoritism.

My question is why on earth is there two separate rates in the first place. Lim did not single-handedly create the differential pricing scheme -- which could be said for each and every opportunity for someone to avail themselves of a special provision of the tax code, to their personal advantage. Should every tax filing invoke an examination of the ethics of merely applying the law to each claimed benefit from the subjective position of the claimant? (This question could be viewed as a rhetorical "yes.")

The proper course given the current facts could be limited to the tax-man being alerted to the personal gift in the amount of the discount obtained by Lim and his duty to report it and to pay taxes on the same. This then leaves the opportunity to act arbitrarily up to the tax-man. How convenient? How ethical? And it can be resolved "administratively" and even coupled with the possibility of criminal charges.

Favoritism is the name of the game today, systematically, like a disease. If the airline submitted a competitive bid, of their own free will, rather than challenge the differential scheme at the outset then the ONLY reasonable and rational deduction is that their claim of ethical taint should bounce right back to the airline itself. Perhaps they should put their money where their mouth is and claim that there was a breach of contract, in total, and refuse to give ANYONE the discounted rate.

Then again, what does The O have against Lim, quite unrelated to the factual context of the clearly intended charge of ethical taint? The O IS A PAC, as I have said before, and should be treated as such free from the statutory exemption (a privilege) from transparency.

Posted by: Ron Ledbury at August 20, 2006 09:58 AM

According to the article, the relevant criteria is whether Lin used the discounted fare "to obtain financial gain." Did he get an honorarium for speaking? If so, it was probably unethical. On the other hand, was his fare reimbursed by the groups that asked him to speak? If so, then Lin did not get any gain from it, only the groups that hired him. That might also be inappropriate, but not unethical.

Posted by: Randal O'Toole at August 20, 2006 10:40 AM

I know Jack, over at BLUE OREGON, they broke this shocking story of LIM.

No, we didn't. We posted a link to a Salem Statesman-Journal story. Seems that they didn't really break the story, they were just first online with a story based on a press release from the investigating agency.

Posted by: Kari Chisholm at August 20, 2006 08:37 PM

Randal,

You make my point for me. It is a charge that is calculated for political effect, leveraged political effect, under the guise of (superficially apparent) neutral application of the law.

The legislature is a citizen body. It is assumed that each member obtains gainful employment outside of their service as a legislator. Let's assume that Lim asks for the differential in price, then cuts a check to Alaska Airlines; this would restore the sole issue, conclusively, to an ethical examination of his activity on his private trip. A legislator is not prohibited by reason of their position from conducting routine private business on the road; and certainly not prohibited from simply speaking as a normal citizen. An example of a contrary notion is that judges and members of the Employment Relations Board are affirmatively prohibited from having outside work. There are some folks that wish, for whatever political purpose, that legislators have significantly higher pay. I would suggest that these folks would like to use such higher pay to also limit the outside work, and limit the citizen-nature of the legislature, in favor of a professional body that is subject to the control (and arbitrariness) of the Executive branch.

The O's point, and the gist of the charge itself, is nothing more than a means of bootstrapping the discounted-airline-charge to then use it as an affirmative restraint on the conduct during the trip itself. (Like the notion of the CoP Auditor dishing out, selectively and arbitrarily, civil penalties beyond just demanding return of money.) But, such bootstrapping is addressed elsewhere and affirmatively limited by the points raised in the preceding paragraph, which are policy issues of superior import in any resort to the judicial arena.

While you are not expected to understand this The O is sure to have run the proposed article by their counsel to excise elements that might lead to potential liability. Yet, they have excised "reasoning" in the process, resulting in a patently absurd, bootstrap, argument. I have enough faith in the counsel to consider it a willful choice made with sufficient knowledge to establish knowing and malicious intent (and certainly a reasonable inference of intent to influence the election through knowingly making a false presentation of the law). Again The O needs to be treated as a PAC; particularly here as a counter claim/charge; if Lim dares (provided he immediately cuts that check for the differential in price).

Perhaps the authoritarians in our midst hate having a citizen legislature that can sometimes act like loose cannons rather than a set of professionals that can be forced to speak only when told and only from their lobbyist's scripts. I wonder which way The O feels on this issue; while flaunting their O PAC hat. (I am reminded of folks in the past that thought that it would be wise to require that only lawyers could be legislators. Where it would enhance the already flawed tension between public service and dedication to attorney-client -- secret lobbyist -- style privilege. The lawyer duty to client is particularly useful for them to offer tailored P.R. services, sans public candor.)

Lim could buy his own ticket to go to a remote island and sip a fancy drink in the sun and call it recuperation time from his service as a legislator and I would not care, so long as he paid regular price. If he choose to be more productive than getting some sun or sleep then more power to him. He could then avoid attack on the political grounds that he might be lazy. What he did on his trip is wholly irrelevant to the issue of personally-obtained plane tickets, so long as he pays the regular price; which is easily remedied, in isolation.

Posted by: Ron Ledbury at August 21, 2006 07:36 AM

I suppose that Mr. Lim should buy his own airline tickets the private citizen's rate.

But what about the ethics of the airlines that use their computers to change the price of a ticket daily and hourly by hundreds of percent?

What if a supermarket, by applying its scanning and computer systems, continuously adjusted the price of a loaf of bread based up how many loaves were still left on the shelves?

$1.50 in the morning, $18.75 in the afternoon.


Posted by: Matt Jusiski at August 21, 2006 07:53 AM

Everyone shoud pay the same, this is stupid. If I have to cough up more than my rent for a plane ticket, then so should the elected dopes, even for "official business". The airlines get enough subsidies as it is.

Posted by: Jon at August 21, 2006 10:09 AM

[Posted as indicated; restored later.]

Sponsors





We accept advertising through Blogads. If you're interested, click the "Advertise here" link above, or go here to place your ad through Blogads. For assistance, e-mail me here; I'd be glad to help. Reach lots of viewers -- we're up to about 3,800 unique visits a day, and more than 61,000 page views a week (as of November 4). Our rates are dirt cheap for the exposure you'll get!

As a lawyer/blogger, I get
to be a member of:


In Vino Veritas

Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
Cameron, Chardonnay
B.R. Cohn, Cabernet, Silver Label 2006
Graffigna, Cabernet 2005
Palo Alto, Reserve Red 2008
Menguante, Garnacha 2008
Lange, Pinot Gris 2009
Felsina Berardenga, Vin Santo 1997
Anne Amie, Pinot Gris 2009
McKinley Springs, Bombing Ramge Red 2007
Vieux Papes Red
Dionysius Chardonnay 2009
Haden Fig, Pinot Noir 2009
Vega Montan, Mencia 2008
Chateau la Vernede, Coteaux du Languedoc 2007
Mount Defiance, Hellfire (White) 2008
Root: 1, Cabernet 2008
Columbia Crest, Two Vines Pinot Grigio 2009
Columbia Crest, Two Vines, Vineyard 10 White, 2008
Columbia Crest, Two Vines, Vineyard 10 Rose, 2007
Abacela, Grenache Rose 2009
Avia Cabernet 2004
Lemelson Pinot Noir, Thea's Selection 2007
Chateau de la Roulerie, Rose d'Anjou 2009
Casal Garcia, Vinho Verde Rose
La Ferme Julien, Rose 2008
Cana's Feast, Bricco Red, 2006
Hogue, Genesis Merlot, 2008
Owen Roe, Sharecropper's Cabernet, 2008
Kim Crawford, Unoaked Chardonnay 2008
J. Scott, Pinot Noir 2008
Edmunds St. John, White, Heart of Gold 2008
Columbia Crest, Walter Clore Private Reserve 2006
Stevenot, Cabernet, Sierra Foothills, "Stanford" 2000
Portuga, Vinho Rose 2009
Taylor Fladgate, First Estate Reserve Porto
Franciscan, Cabernet, Napa 2006
Chaparral de Vega Sindoa, Garnacha 2008
Quinta da Aveleda, Vinho Verde 2008
St. Francis, Chardonnay Sonoma 2008
E. Guigal, Cotes du Rhone Blanc, 2007
Edmunds St. John, Bone-Jolly, Gamay Noir 2008
St. Innocent, Pinot Noir 2006
Jigsaw, Pinot Noir 2007
Chateau Ste. Michelle, Merlot, Indian Wells 2007
Charles Shaw, Chardonnay 2008
Edmunds St. John, Bone-Jolly, Gamay Rosé 2009
Cameron, Willamette Valley Chardonnay
Il Valore, Sangiovese, Giovane, Puglia 2008
Duck Pond, Chardonnay, Wahluke Slope 2007
Kim Crawford, Marlborough Pinot Noir 2008
Domaine du Pesquier, Cotes du Rhone 2005
Cantina Zaccagnini, Montepulciano d'Abruzzo 2006
Domaine Matrot, Chardonnay, Bourgogne 2007
David Hill, Oregon Sparkling Wine, Brut
Chandler Reach, Monte Regalo 2006
Elk Cove, Pinot Gris 2008
Kirkland, Columbia Valley Merlot 2008
D'Aragon, Old Vine Garnacha 2008
Columbia Crest, Walter Clore Private Reserve 2005
Pavin & Riley, Merlot 2006
David Hill, Estate Pinot Noir, Barrel Select 2006
Castle Rock, Paso Robles Cabernet 2006
Magnificent, Cabernet, Steak House 2008
Conundrum 2008
Beaulieu, Cabernet, Rutherford 1998
Saint Cosme, Cotes-du-Rhone 2007
La Granja, Tempranillo 360, 2008
Santa Rita, Mendalla Real Cabernet 2006
Columbia Crest, Grand Estates Merlot 2006
Andezon, Cotes-du-Rhone 2007
Collegiata, Montepulciano d'Abruzzo
Troon, Druid's Fluid 2008
La Granja, Tempranillo 2008
Monte Antico, Toscana 2006
Vieux Papes, Blanc de Blancs

The Occasional Book

Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 26
At this date last year: 15
Total run in 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Clicky Web Analytics