PROPERTY OWNERS SPEAK OUT AGAINST DISABLED AMERICANS

CONSIDERED OPINION

By : Mr. Irwin D. Gallant, Chairman and Chief Executive Officer, Lexington Property Management Group LLC (A Delaware Limited Liability Company specializing in commercial property rentals to Fortune 500 companies in cities across the Nation); Harvard Business School (M.B.A. summa cum laude 1990); Avid Jogger; Amateur clockmaker and watch collector; Christian; aficionado of numerous activities requiring undamaged arms and legs.

Hey you. Yeah, you: The fat fuck in the wheelchair. Get a goddamn move on it. I've got a whole line of customers trying to get into the store, and there you are struggling to maneuver your fucking lard cart through that double door. Yeah, yeah, yeah. We know you're disabled. But it's about damn time for property owners like me to tell you what we really feel: We can't fucking stand your lame asses.

How many times have property owners felt this way? They all do--every day. Disabled people are simply not fast enough to keep up with the pace of business in America. They frustrate normal people with functioning legs who are just trying to go to work, buy a few groceries and get home before 10 PM. And how much money have property owners spent trying to accommodate these worthless crippled fuckers? Let me give you a ballpark: BILLIONS!@!@! And I'll tell you another thing: Building expensive ramps for drooling fucktards with canes has driven numerous enterprising Americans straight out of business.

America faces worse threats than foreign terrorism. As a property owner and businessman, I can say without hesitation that the Americans with Disabilities Act of 1990 (ADA) is the greatest threat to liberty this Nation has ever encountered. Fuck the Times Square bomber; he didn't hurt anyone. But the ADA hurts honest business owners every day by requiring them to build costly additions to their properties on their own nickel. And when business owners hurt, the whole country hurts.

Think about it: The Red Lobster on West 41st Street could have hired 100 dishwashers and 50 waiters in 2009 if it hadn't had to install a freaking "supplemental dumbwaiter" to lift paralyzed midgets from the dining room to the balcony. So in the end, a few lazy fuckheads got to eat the fried shrimp special in 2009, while 150 people lost their jobs. Fair trade? I think not.

Liberty is about owning property and doing whatever you want with it. Liberty is also about making as much money as you can from your property without worrying about other people. But the ADA forces property owners to do things with their property that they'd rather not do. It forces them to accommodate people on their premises who do not help them make more money. This violates property owners' liberty. It also robs them blind by compelling them to build doorways, elevators, extra exits and conveyor belts all over the place. That shit is expensive. And when business owners spend money on useless shit like that, it prevents them from paying out dividends, hiring people or opening new locations.

Put simply, the ADA is a terrorist law because it tramples liberty. In fact, most business owners would simply prefer to die in a car bomb explosion than watch their companies go bankrupt after wasting all their money on unnecessary elevators. Castrating a business' economic potential is just as terroristic as slamming airplane into a skyscraper. The result is the same: People lose their jobs--and their lives. And both are scary.

When we reflect on just how much it costs to comply with the ADA, we must ask ourselves: For what? What do we get for destroying businesses and bankrupting property owners? What do we get for boosting unemployment and dampening our prosperity? A society in which crippled fucktards can wheel into any building they want to spend their pension money.

I know it's "American" to say that everyone deserves an "equal opportunity" to see the Yankees or eat at Red Lobster. But who really gives a flying fuck about some paraplegic kid with a tube down his throat? OK, so we build him his own goddamn elevator and his own goddamn entrance door. Once he's in, does he spend money? Maybe his mother buys him a candy bar, a hot dog or some shit… oh wait, he eats through a tube. Never mind. What I mean is that crippled fucktards don't usually have much money to spend, and there aren't that many of them anyway. So basically property owners waste all that money accommodating them; and they get zero in return. In business, that's called a loser bet. And that's exactly what the ADA forces property owners to do.

I know what you're thinking: How can I be so mean when talking about Americans with disabilities? Well, I've got a simple answer: Because I'm honest. Life isn't easy in America. It isn't easy to run a profitable business and pay your bills. Life is fast-paced; if you can't hack it, you can't hack it. It's hard enough to turn a profit even with full body function; you can just forget about it you're legless. If you had the bad luck to get crippled--or you were born with some freakish defect that condemns you to lifetime care--that's your problem. You have no business doing business. You shouldn't be in the race. Sorry about that. That's just the way the ball bounces, mon frère. Apply for charity or something. Just don't stand in line or apply for a job with everyone else. You really annoy us.

Normal Americans just plain don't like being around crippled people. It makes them uncomfortable. When a family goes to the museum, they don't like waiting for a half-dead, moaning retard on a motorized gurney to navigate a narrow passageway. When young professionals go to a discotheque on Friday night, they don't like waiting two minutes for a blind war veteran on two canes to hop his way up the steps. When hardworking American workers get home at night, the last thing they want is to wait for a paralyzed woman to fish out pocket change in line at the grocery store.

In a word, crippled people frustrate and frighten everyone around them. Nobody likes them. Nobody has patience for them. In that sense, it is perplexing that the ADA forces both business owners and customers to deal with them on even terms. If it were up to the American people, they would stay away from cripples like the black death. But the law forces Americans to treat them "equally." This is both wrong and unjust.

To summarize: Commercial life is fast-paced; and disabled Americans are not fast-paced. They simply cannot cut the mustard. From an evolutionary standpoint, crippled people don't belong in commercial life. They can't keep up. That's the truth, no matter what goody-goody rhetoric apologists on it. If it came between hiring an able-bodied man and a wheelchair-bound man for the same job, no rational employer would ever hire the cripple. Why should he? If both men had the mental ability to do the job, why hire the man who needs a special entrance door and elevator just to get into the building? Why assume the extra trouble? In business, we move fast. We avoid inconvenience when we can. And cripples are inconvenient. The bottom line is that we don't have time to be nice. Time is money. So we hire the man who takes less time to do the same job. Plus he can get up and run errands once in a while.

Commercial life is like nature: Only the strong survive. Yet the ADA compels commercial actors to accommodate cripples and hire them on equal terms, no matter how unprofitable it may be. This is not only counter-evolutionary. It is also unnatural. Would a bee colony support bees without wings? Would a cattle herd help a cow with broken legs? Certainly not: Caring for cripples threatens the well-being of the healthy community. Commerce, like nature, is a death struggle against bankruptcy. Just as a herd depends on healthy, contributing members to avoid death in nature, so too do commercial actors depend on healthy, contributing employees to avoid bankruptcy in commerce. And just as a herd abandons crippled members to avoid death in nature, so too do commercial actors jettison crippled employees to avoid bankruptcy in commerce. In this light, the ADA forces commercial actors to unnaturally hire crippled workers who do more harm than good for the enterprise.

Viewed as a whole, the ADA terrorizes liberty and makes war on nature. In the name of "decency, compassion and humanity," it forces property owners into bankruptcy just to accommodate worthless crippled Americans. It hamstrings employers by forcing them to hire employees who are physically unable to make money. And it frustrates everyday Americans by forcing them to watch pathetic cripples take entirely too long to accomplish rudimentary commercial activities, like boarding a bus.

What is liberty if not the freedom to spend money as we please, to hire whom we please and to keep the company we please? And what is liberty if we must spend money in ways we'd rather not, hire clearly unsatisfactory people and keep uncomfortable company with paralyzed invalids who defecate on themselves in public? That is not liberty--that is terrorism.

As a property owner and an American, I say with all my heart: The Americans with Disabilities Act is terrorism. And I believe in freedom. That means the freedom to shut out cripples from movie theaters and fire people without arms. And it also means the freedom to walk into a grocery store at 6:45 PM without fear that a deaf-mute fucktard on crutches will hold up the line for seven minutes.

I speak for all Americans who believe in unrestricted commerce when I say: "Hey lady. Yeah, you, the amputee. Pick up the fucking pace, will you? I just got out of work. Friends is on soon and I'll be damned if you take two more fucking minutes to pay for that soup."

POLITENESS AND SMALL TALK

OESTERHOUDT STRIKES

I am a very polite person. Even when it makes sense not to be polite, I am polite. It is almost reflexive for me to be polite. In my early life, I learned always to be polite. My mother always said: "Be polite! Say thank you! Do not ask for more!" My mother had another name for this institutionalized politeness: "Good manners."

I did not have a choice. I had to be polite. On the other hand, I grew up in suburban Connecticut. People were not out to get me; in fact, most people were extremely nice. Why not be polite to nice people? They deserved it; they meant me no harm. I didn't mind being polite. In the process, I learned to respect everyone I met. They never hurt me, so it was only fair for me respect them.

But things changed as I got older. Once I graduated from college and started living in the commercial world, I quickly found that not everyone was as nice as they were in my Connecticut childhood. To the contrary, I discovered that most people were dishonest scoundrels who would sooner backstab you than help you up if you slipped on a banana peel. In fact, they would probably even laugh if they saw you fall. Even if they weren't malicious, I found most people flaky and unreliable. If someone told me they "would call me again some time," in almost every case they did not.

Yet I was always polite with these people. I shouldn't have been, but I was. After all, it was reflexive. It was a vestige from my idyllic childhood. I smiled with them, said thank you, made small talk. I even did favors for some. Then I received nothing in return. Many even took advantage of my politeness and gained from it.

Slowly, I realized that it made no sense to be polite all the time. Most people exploited it. And almost no one appreciated it. In fact, it seemed that impolite people succeeded much more frequently than polite people. Impolite people ran right over the polite people and got away with everything. What good did smiling and thanking do? Not much.

Still, I was determined not to become just another impolite ogre on the New York streets. I simply learned to be more wary about according respect to everyone I met. I adopted a new rule: Be polite with exceptions. I used my intuition about whether someone deserved my respect. I tried to sense whether someone was worth respecting, or whether they were just another self-interested shark in the water. Sometimes it was obvious to me that someone was a self-interested shark. So I wasn't polite to them. They had nothing ethically in common with me. So there was no need to be polite. Why be polite with someone who would just as soon leave you dead in a gutter? That is just stupid--and servile, too.

I developed a real suspicion toward new acquaintances. Eventually, I could detect immediately whether someone was a complete selfish asshole or whether they were worth further emotional investment. In some settings, I was polite no matter what, as when I interacted with sales staff and other pathetic commercial pawns who obviously meant me no harm. But in all other settings, I kept my guard.

Recently, for instance, I walked back into my building after taking my dog for a stroll. I got on the elevator. A moment later, a very smily, well-dressed woman with a leather portfolio and an expensive cell phone joined me, along with some bewildered looking adolescent who wore his hat backwards. She was clearly a real estate agent showing apartments to this little punk, who probably had just graduated from college and whose dad was definitely paying the rent.

As soon as the doors closed, this insufferable woman opened her mouth. "What a cute little dog! What's his name? What's the breed? This is a nice building, isn't it? The elevator is very nice. It is very convenient. The lighting is good. BLAH BLAH BLAH BLAH."

I was about ready to vomit. I couldn't help but notice the Cartier bracelet on the agent's wrist as she spewed forth her endless, dishonest pleasantries. I knew instantly that she was just talking to keep things on an even keel with her client. After all, no one likes awkward silence. So she filled the air with condescending blather. "It's a wonderful building! You like it here, don't you? It's such a great location, isn't it? There's a grocery store right downstairs, you know," she told me, as if I didn't know there was a grocery store in my own goddamn neighborhood.

"Yes, there sure is," I said, without a smile. I consciously said it impolitely. "And my dog is a she."

"Oh, wonderful," she responded without missing a beat; and without really registering what I said. God forbid any silence should intervene to make her client feel uncomfortable. For his part, the youth-soaked client just stood there staring at the floor indicator as the elevator rose. He was wearing shower shoes, shorts and looked like a smug, boring-ass moron. On weekdays, he probably put on a suit and shlepped to some skyscraper to type emails for one of his dad's friends. Worse, he probably even felt important for it. I could see it immediately.

Thankfully, client and professional stepped off the elevator two floors below mine. They went about their business. The agent kept chatting the whole time. The client bumbled along a step or two behind. He was probably thinking about going out later that night. She mentioned something about a trash compactor as they faded from earshot.

I thought about how impolite I had been with this woman. It didn't bother me at all. Why should I have been polite to her? What did she mean to me? Would she have helped me with anything? And why was she even talking to me in the first place? To provide confirmation for her silence-destroying questions? She was using me as an instrument to avoid awkwardness with her client and talking to me as if I knew nothing about my own building. I knew what she was trying to do. She was trying to seal the deal with this little brat by appearing "friendly" and glib with everyone she encountered along the way. I was just a bump along the road to her commission. That's what bothered me.

Why should I have respected this woman? Why should I have been polite? I do not award politeness to people in situations like this. I do not respect people who ingratiate in order to fill their own pockets. So I do not smile or act nice. Now, that does not mean I am an impolite person. Quite the contrary; it simply means I am judicious with my natural politeness. It also means that I resort to impoliteness with people who deserve to be treated impolitely. Don't be fooled: They are out there. And it is actually worse to treat them politely.

I have been walked over too often for being polite. That is why I now know when to be polite, and when not to be. Believe it or not, it is undignified--and very weak--to invariably be polite with everyone you meet. On the whole, people don't deserve it. So you need to learn when it works to be polite, and when it doesn't.

HOW TO BE A GOOD PERSON : IN A LANDLORD'S EYES

OESTERHOUDT STRIKES

At some point in our lives, we all wonder whether we are "good people." We live with others. We know how "good people" act. We have an intuitive sense about what makes a person "good." We even hear things about what makes a person "good:" They are friendly, kind, forbearing, compassionate, ethical, honest, caring, loving, trustworthy, gracious, forgiving and generous. "Good people" do not hurt you. They do what they say; and they apologize if they do not. They consider you at the same time they consider themselves. Aristotle and many other philosophers have written tomes about what it takes to be "good." It is an age-old question.

Of course, not everyone can agree on what is "good." You can't know you are a good person until you know what is good in the first place. What is good in one person's eyes may be bad in another. It is easy to lay down absolute standards for goodness. Yet like all ethical dilemmas, only we can say whether we subjectively feel that we have done right. Nonetheless, we can generally all agree that being "good" involves living without intent to injure other people. In that sense, being a "good person" essentially depends on positive motivation. And that positive motivation shines through in good actions toward others. Good people think selflessly; they refuse to hurt others to advance their interests. Bad people do the opposite; they are willing to hurt others to help themselves.

Being a good person is an individual lifestyle. It does not depend on how much money you make or what you do for a living. While it is possible to identify "objective" factors that hint whether a person is "good," true goodness comes from the heart, not from action alone. Enron fraud artists probably donated some money to charity the same year they robbed millions; that donation did not make them good people. No, being good is internal; and good shines through in external action. It is hard to verify. But everyone knows it when they see it.

It is refreshing to know a truly good person because they are rare. In our world, it is hard to be selfless and honorable. There are so many impulsions to discard goodness toward others in order to advance yourself. By the same token, it is hard to be patient. No one wants to wait or understand others' problems. Nor do they want to waste their time on others without reward. After all, people need to fend for themselves. They only have a limited time to get the job done. If they waste their time being nice to others, they might injure their own fortunes. And no one likes to do that. Put simply, we expect most people not to be good; our society frustrates goodness. That is why it is a welcome relief to meet a good person.

There is no formula to being a good person. Yet people throw the term around far more than they should. In many cases, they say someone is "good" solely because they act in a way that enriches them. That misunderstands what it means to be good. A truly good person acts with malice toward no one. The fact that a person acts the way another person wants them to does not make him good. To the contrary, expecting a person to act in a way that is beneficial to you undermines their value as an individual. It "instrumentalizes" them; it makes them pawns in a game you want to win. Just because someone pays you according to a contract does not make them "good." Merely fulfilling an external legal obligation is no shortcut to goodness. A good person holds to his word because it is his word, not because the law threatens him to do so.

Yet many people think that observing external obligations makes you "good." It is easy to make this mistake. After all, complying with the law seems like a "good" thing to do. But the law is indifferent to intention. And intention is the only thing that determines whether a person is good. In that sense, it is possible to seem good by fulfilling every imaginable legal standard. Yet it is also possible to have only bad intentions while complying with the law. You can be a total scoundrel yet do nothing illegal. If a person did not know you, they might say: "Well, he is law-abiding. So he must be a good person." To that extent, fulfilling external obligations can disguise ethical flaws.

I encountered an example to illustrate this easily confused distinction in the New York Post a few days ago. I read an article about some poor web designer who got run over in a Brooklyn street. See N.Y. Post, Horror hit-run in B'klyn, April 19, 2010 at p. 9. The article quoted his landlord. She spoke about his character: "He works. He comes home. He's a very good person (emphasis added)."

What did the landlord know about this guy? How did she know he was a "very good person?" She based her assessment on the fact that he works and comes home. What does that have to do with ethical goodness or pure intention? Nothing. If anything, it reveals that the landlord thinks the web designer was a "good person" solely because he went to his job, came home every night and ostensibly paid the rent. He might have been an utter scoundrel who doublecrossed his friends and broke women's hearts. Yet as far as the landlord was concerned, he was a "good person" because he adhered to his contractual obligations to pay rent. He also was a "good person" because he quietly went to his job and caused no disturbances.

I suppose this is what it takes to be a "good person" in a landlord's eyes. Landlord apply a "formula" for goodness: Have good credit; make an income; cause no trouble; pay your rent; keep your mouth shut; pay next month's rent; pay a late fee after the first. Your intentions do not matter. And "being a good person" means acting exactly the way the landlord wants. In this case, the landlord happened to like the way her tenant behaved because he did what enriched her. She morally approved him because his behavior coincided with her interests. His own ethical qualities did not influence her appraisal. It was "all about her." And that determined whether he was "good."

This gravely misunderstands what it means to be a "good person." A person is not "good" simply because he acts in a way that enriches another. Nor is he "good" simply because he adheres to contractual obligations under law. Rather, goodness is more subtle than that. There is no checklist. Action is not enough. It takes real reflection to see whether someone is good. Getting a rent check in the mail every month does not suffice to prove goodness.

Criminals and scallywags can mail rent checks, too. That does not make them good people.

But who has time to sit down and really think about character in our society? It seems we only care about character when we want to damage a foe with some embarrassing "flaw." And once again, we do that to merely to advance ourselves at their expense. By hurting them, we help ourselves. And hurting others is rarely good.

ANOTHER BUSY WEEK

Well, it looks like I won't have too much time to write until late this week. In a way I'm disappointed, but in another way I'm happy to see that times are changing. For almost two years, I wrote this blog every morning because I literally could not leave the house. Now, as my partner heals, I have more and more time to pursue life outside. I might even make a few dollars this week. Who knows? Believe me: I need the money; I live in New York and landlords don't take excuses for long.

So against that background, please forgive my minimal production this week. I still have a long list of issues to discuss. I just won't get to it until Thursday!

Thanks for your patience. And thanks always for reading my catalog.

Oesterhoudt

DEAD FOR A GYM BAG AND SOME DEODORANT

OESTERHOUDT STRIKES

Two days ago, a Manhattan lawyer dropped her gym bag onto subway tracks on the Upper East Side. She leaped down to fetch it. She had difficulty getting back onto the platform, then she panicked as a train came rushing into the station. Horrified witnesses froze. Some told her to lay between the rails so the train would pass over her. Most said nothing and just watched. The lawyer tried to press herself against the platform wall so the train would pass her. It didn't; the train squashed her.

Later, officials reported that the gym bag contained keys, a cellphone, gym clothes and some deodorant. See N.Y. Post, Panic on tracks doomed subway victim, March 13, 2010 at p. 5. It did not contain priceless diamonds or even confidential client files. There was absolutely no need to risk life to save it.

I recount this sad story because it represents yet another occasion on which my writing has foretold true events. Just last month, I penned a satire called "Some People are More Valuable Than Things They Drop on the Tracks." See http://reasoncommercejustice.blogspot.com/2010/02/some-people-are-more-valuable-than_01.html. In that piece, I analyzed the New York Transit System's admonishment never to chase dropped property onto subway tracks. I used satire to show that our society places disproportionate weight on property over human life. At the same time, I made my own perspective clear: That it is grotesque to assign monetary value to individual lives. Still, my own sarcasm now seems eerily macabre in light of this new incident: "Further, I understand that some customers might disregard their own safety if they drop something onto the tracks, such as an iPod or other relatively expensive object;" and "The bottom line is: Property is worth more than individual human beings."

I was trying to elicit uncomfortable laughter when I wrote those words. Anyone with a shred of compassion understands that property is petty compared to human life. Yet at the same time, it is incontestable that property wields immense influence over both our society and individual perspectives. All too often, property seems to mean more than life itself. My satire reflected on that sad truth. It dared to suggest that life was more important. Privately, I held out hope that people would respect their lives more than their property.

But my hopes fell on deaf ears. The Post story shows just how much property means to people, even in very small amounts. Here was a woman with a career--and ostensibly, something to live for--who disregarded her life to save some deodorant and gym clothes. Her property was more important to her than her existence. So she jumped after it, even as a train raced toward her. At that moment, she thought herself less valuable than her gym bag.

Perhaps there are alternative explanations. I can think of several. For starters, the Post article recounts that the victim was a "lawyer" who--according to neighbors--used to wander hallways and elevators in her apartment building "muttering to herself in a strange way." See N.Y. Post, Panic on tracks doomed subway victim, March 13, 2010 at p. 5. One neighbor even said she looked "distressed" and that she was "not 100 percent there."

Many functioning lawyers have latent mental problems. When I practiced law, I knew many "well-respected" attorneys who muttered to themselves in elevators, sighed loudly, grumbled in abject frustration and habitually balled their fists from stress. It is not an easy job. "Getting results" in court is not an exact science; in fact, it is not a science at all. There are no sure things in law practice. Lawyers live with biting uncertainty and deadlines every day. They live on a razor's edge; and they are surrounded by striving, ambitious, ruthless people at every turn. They make their living battling contentious people for money. It is an extraordinarily negative enterprise. Their success depends on chance as much as preparation. Everyone wants something from them: Clients, bosses, judges. Everyone wants results now and no one wants to wait. There is never enough time; and there is always something else to do. They live under the clock; and the clock does not forgive. In fact, no one forgives. It is a fretful, ulcerous existence. That is why it is no wonder that lawyers fall into alcoholism, drug abuse and mental illness at a far greater rate than the general population.

Lawyers on schedules are dangerously unpredictable creatures. You don't want to get in their way; they might do something impulsive. When they have somewhere to be, they get there at all costs, even if it means taking absurd chances with their own lives. I own recalled my uncomfortable days in law practice when I read the Post article. I remembered what stressed-out lawyers are like. My memories helped me understand why this poor woman jumped on the tracks: She was in a hurry; she was trying to squeeze in the gym during her busy day; she did not want to wait for help to get her bag because that would throw off her schedule; if she got behind schedule, she would have to make unpleasant phone calls to disappointed superiors; she wanted to get home before 9 PM; if she waited for help to get her bag, she would never finish her day; and she really wanted to finish her day on time.

On an impulse, she jumped onto the tracks. She did not want to wait. She did not want to make those phone calls. She did not want to fall behind schedule. So she took matters into her own hands and died for deodorant.

I am glad I don't practice law anymore. And no matter how much my satires presage reality, it really saddens me when they do. I am not proud of it.

In the end, it's hard to exaggerate anything to satirical effect. Reality always sees your bet, no matter how high you make it.

JOIN THE TEA PARTY : BE PATRIOTIC--AND IT'S MORE FUN THAN YOU THINK

LET FREEDOM RING

By : Mr. H. Henry Patrick, Esq., Former State Legislator (Virginia); Real Estate Owner (1400 Acres in several Virginia counties); Former Chair, Citizens for the Abolition of the Income Tax (1982-1997); Outdoorsman; Contributing Editor, Breathe Free Magazine (2004-present); Author, Government, Get Your Goddamn Stinking Hands off my Hard-Earned Keep, And Stop Poisoning My Children : I'll Spend my Money Any Way I Please, Thank You Very Much (a Pamphlet published by Freedom Press)(forthcoming 2010); Winner, West Virginia Sport Shooters Remington versus Doe Contest (1999); Volunteer Fireman.

In 2008, Barack Obama took the White House promising "change we can believe in." But in the months that followed, Obama did something terrifying: He expanded the government. He began policing banks, stealing private property, handing out cash to unemployed luggards and awarding free health care.

Now, government threatens everything we hold dear. It threatens to seize our property, tax our children and kill our grandparents by condemning them to wait in grimy clinics for necessary care. Government threatens to spy on our wives, monitor our whereabouts and punish us for defending liberty. Put simply, government is suppressing freedom in a way never before seen in the United States. And we're all paying for it.

Barack Obama may have thought government could solve our problems. But to quote Ronald Reagan, government is the problem. And if we don't act soon, we will live in a gulag in which our daughters will be forced to wear red bandanas and sing workers' hymns.

Smart Americans recognized Obama's shtick for what it was: Socialist snake oil. That is why they banded together to form the Tea Party. We are committed to resisting Obama at every turn. We are committed to protecting our children from government propaganda. We are committed to the ideal that every American deserves to own his own property without governmental interference. We are committed to keeping every penny in our paychecks.

Obama believes exactly the opposite. He believes that government has a right to take away property and give it to people without property. That is why we resist him. We refuse to surrender our property so that some black beggar in New York can get a free heart transplant. We refuse to give up our rifles to government agents. We refuse to pay a single nickel so that lazy unemployed people can get a free meal. After all, free meals are un-American.

In the Tea Party we believe in a simple virtue: Responsibility. Sadly, that virtue does not carry much weight in Obama's America. Yet responsibility made America great. Our forebears did not wait around for government checks. They cut down trees, built homes and warded off Indian raids. They did not whine about being poor. They started wholesale companies, sold wheat and made their own fortunes. Or they died trying. That is the American way: Make money, ask no one for help, or go down like a man. In this country, you need to fight hard to survive. We aren't softies. We're toughies. We pass by dying people in the street without a second thought.

Government used to know its place in America. Our forebears established government in this country not to feed the poor, but to protect their property. They did not establish government to handicap their economic affairs. Rather, they established government to keep order so that they could attend to business in a responsible way. Furthermore, our forebears hated taxes. They revolted from England because they did not like paying taxes on their hard-earned labor. After all, who would want to work knowing the government could just come in and take away all his profit? That is why our forebears broke from England.

And that is also why we began the Tea Party: To resist tyrannical government and to protect private property from government seizure.

We believe that every American should join the Tea Party. If you are sick and tired of paying away your honest paycheck to the government, you should join us. If you don't like the idea that you slave away at a horrible office job so a toothless homeless man can get a free hospital stay, you should join us. If you don't like the idea that your children read propaganda praising the Kennedys in public schools, you should join us. And if you can't stand the idea that government can steal your land, you should definitely join the Tea Party.

Americans are all about freedom. So are we.

In the Tea Party, freedom is not just an abstract principle. It is an impetus for action. We have work to do before we achieve freedom. We will not be truly free in this country until we cast off the terrible burden that government has thrown upon us. We will not achieve freedom until government removes its filthy tentacles from our bank accounts, mutual funds, paychecks and corporate treasuries. We will not be free until we drive government tax collectors off our property and drive our automobiles without government licenses. Nor will we achieve freedom until we remove our children from pernicious public schools. In a word, we have a battle to fight. And words alone will not win it.

To realize the dream of freedom through the Tea Party in America, we must rise up against tyranny. We must declare that We are the People. We made this government; and that means we can un-make it, too. When government disrespects our property, then turns around to give free meals and diabetes treatment to black people, it must be abolished. We have a right to overthrow tyrannical regimes. Obama is a tyrant. He disrespects private property. Unless we act against his government today, he will plunge our country into a new dark age in which every American can obtain low-cost health care and unemployment insurance. What's more, unless we act against him today, we will drown in taxes. And our children will not be safe from schools that observe Black History Month and Gay Awareness Week.

Do not hesitate to do the right thing. Do not hesitate to be a patriot. But joining the Tea Party is not as grave as you think. It is also very fun. It is fun to angrily carry torches through the streets and chant slogans like: "Down with the income tax!" It is fun to break windows and smash down doors. It is fun to participate in anti-tax riots. It is fun to tar-and-feather IRS officials. It is fun to throw half-clad judges from third-floor chambers. And it is very fun to burn down courthouses. What's more, it is simply exhilarating to exchange smalls arms fire with Federal officers. And it is even more thrilling to blow up police cars. In this light, Tea Party membership is not just about boring policy speeches. It is also about having a great time actively rebelling against the government: And that means fighting, shooting, burning, breaking, smashing and blowing things up. Everyone loves that.

There's a place for everyone in the Tea Party. You don't need to own land to join us. We need everyone. We need young people to storm State houses and string up legislators. We need sociopaths to set fire to government buildings and kill tax collectors. We need children to stop going to school. We need hardened gun owners to give us muscle to match our spirit. And we need educated people--like Sarah Palin--to direct our loyal followers. In a word, we need everyone--and we need you now.

It is time to send government a message it will never forget. It is time for freedom. It is time to stop paying taxes. It is time to own your own property again. It is time to pay your laborers whatever you want, not what the government tells you to pay them. It is time to spend your money as you please, not to pay for unfair entitlement programs and free medical care for lazy people. You want to hold on to your own money, don't you? If you make $10 an hour, you don't want $241.97 for working 40 hours, do you? Well, if you want a fair-and-square $400 for 40 hours at $10 an hour, the Tea Party is the party for you.

Americans want freedom. They want a life without government interference. They are sick and tired of tax returns, excises, duties, imposts and liens. They are sick and tired of Martin Luther King, Jr. Day and affirmative action. They are sick and tired of public schools and government propaganda. They are sick and tired of jury duty and ineffective courts. They don't want their sons and daughters learning about cultural perversions. And they want the liberty to hire whomever they please. Put simply, Americans have this to say: "Government, hands off my goddamn money and kids!"

So be patriotic. Stand up for freedom. Tell Obama that he'll get your money and kids--in hell. And have fun doing it. Open your drawer and take out that pistol. Take the shotgun off the mantle. Grab a rock. Light up a torch. Then take to the streets. Start shouting about liberty. Prowl for fire stations and police outposts. Hunt down crossing guards and public school teachers. Get together with your friends, fill up a few Molotov cocktails and toss them into your nearest courthouse. Vandalize police vans. Tear things down. Spit on a town councilman. If the police try to arrest you, fight back against government tyranny until your last breath. Yell out to them: "You may take my life. But you'll never take my freedom!"

Join the fun. Join the Tea Party. Stand up for a full paycheck. And tell Obama that you refuse to allow America to sink into the new dark age of free health care and financial industry regulation.

Over our dead bodies. And Mr. Taxman, you'd better run, because the Tea Party is about to begin.

So to all you aggrieved Americans out there, we have just one thing to say: Lock and load. We're taking this mother down.

SLAVERY NOW : LET'S END THIS RECESSION ONCE AND FOR ALL

FREE MARKET SOLUTIONS FOR A MODERN ECONOMY

By : Mr. Davy B. Hutchinson V, Esq., CEO and Chief Executive Officer, Greater Hutchinson Properties LLC (Dallas, Texas); University of Virginia (J.D. 1982; M.B.A. 1984); Owner, approximately 35,000 acres in Texas, Oklahoma, Louisiana and Arkansas; Author, It's Hard to Break Even When You've Got a Damn Payroll (Aspen Business Press 2009); Republican; Married; Father of three; No criminal record.

For over two years now, our country has labored through difficult economic times. Although very few people have the courage to say it, we are in a Depression. No matter what the pundits on CNBC say, this is no Recession. It's not even the so-called "Great Recession." We won't get anywhere in these tough times until we are honest with ourselves. Don't be fooled: We are in a Depression. The sooner we recognize that, the sooner we can move forward.

We are in a Depression because it feels like it. Depressions are about perceptions. When employers think there's a Depression on, they don't hire. Unemployment goes up. When that happens, people have less income to spend in the economy. When people don't spend money, companies make fewer profits. And when that happens, companies cut more workers and even close down. Panic spreads. People lose their homes and fortunes. They start begging the government for help. Then their government aid runs out and there they are: Back in the Depression.

This is not good for America. Our country depends on private employment to survive. When average people can't get jobs in the private sector, we are in serious trouble. Let's be honest: It costs a lot of money to hire someone. And companies don't want to threaten their margins by taking a chance on a new hire. They could spend their money in much more profitable ways. Workers are expensive. It doesn't make any sense to hire them unless you can be damn sure they will bring in way more than they cost.

So what do we do? The Depression will not end until every American has a good, high-paying private sector job that pays the bills. The Depression will not end until companies feel secure enough to start hiring again. In a nutshell, we need to create good jobs so that people have money again. And to create jobs, the private sector needs money to pay wages to everyone else. Problem is, the private sector does not have enough money these days. We need to find a way to make sure private companies get enough money to start taking chances on workers again.

Since the Depression hit, economists and politicians have mulled almost every conceivable way to create jobs: Stimulus packages, government incentives, tax breaks and even cash bailouts. Nothing has worked; private companies still don't have enough money to hire people. Things aren't getting any better. To the contrary, they are getting worse. Government is not up to the challenge. As soon as you bring in government, it just makes things more difficult and more complicated. Americans don't want complexity. They just want paychecks.

Americans will get their paychecks soon enough. We simply must be inventive. We are Americans. We are smart. And we always find a way to make money in the end.

It is time for innovative solutions to save our economy. Today, I am happy to say that there is a vast, untapped source of prosperity within our very own borders. Our salvation lives among us and we do not even know it. Our salvation is African slavery.

We can break this Depression by reinstituting slavery in the United States. Our economy is in ruins today because nonslave labor costs too much. Hiring people in today's economy imposes an intolerable financial burden on private enterprise. Corporations have shareholders to worry about. Shareholders want quarterly profits. They can't get quarterly profits if they spend more than they make every month on employee payroll. And when corporations aren't profitable, they can't cut anyone's paycheck.

Nonslave labor has failed. We need to free corporations from payroll servitude.

Slavery will solve virtually every economic problem in the United States. There are 35 million Africans in this country. By abrogating their citizenship and designating them personal property, we immediately create an enormous, cost-free workforce. Companies with slave labor will be able to report quarterly gains again. That, in turn, will allow them to spend money on new hiring. Once they do that, more people will get paychecks and more people will start spending money in the economy.

Opponents will doubtlessly claim that slavery is no way to resolve our country's economic woes. They will inevitably say that "common decency," "dignity," "equality," "the Constitution" and even "history" prevent the United States from once again enslaving Africans. They will say that as bad as our economy may be, slavery is forbidden.

We can answer all these concerns. But before addressing our opponents' arguments individually, we must mention that saving the economy is more important than anything else. Americans would rather have jobs and a paycheck than a "Republic dedicated to equality and decency." Americans would much rather have a healthy economy than the vague assurance that "every man has an equal right to succeed" in this country. In fact, it is precisely the unwillingness to entertain slavery that landed us in this mess in the first place. If we really want to beat the Depression, we must be bold. That means embracing slavery, not running from it.

First, the Constitution poses no barrier to reinstituting slavery. True, the Thirteenth Amendment bans slavery and involuntary servitude in the United States. But the Constitution can be amended. If amended once, it can be amended again. Once Congress and the People see the enormous economic benefits to be won from slavery, we are confident that they will swiftly amend the Constitution to reinstitute it. And we are also certain that average Americans will appreciate that slavery will solve their economic woes once and for all. That will lead them to pressure their representatives to repeal the constitutional ban on slavery.

Second, our history does not frown on slavery. We are not "going back to the Dark Ages" by returning Africans to bondage in the United States. To the contrary, our country has a rich and vibrant slavery tradition. Slavery existed when this country was founded and it existed legally all the way until 1865. Since then, Africans have lived as virtual slaves: They die at younger ages; they do not attain educational eminence; they rarely attain economic prosperity; they live in much greater poverty than comparable white Americans; and they constantly claim that they have been "victimized," preventing any meaningful progress. If anything, then, the United States has long been friendly to slavery. Slavery helped shape this Nation in the past. It has always defined us. And now slavery will save us from economic ruin.

Despite all rhetoric to the contrary, history shows that America was a better country with slavery. America suffered no crippling Depressions before 1861. In fact, our national economy boomed in the pre-Civil War years precisely because the South churned out cotton without labor costs. After 1865, labor costs imposed intolerable burdens on private enterprise, resulting in several terrible Depressions. This shows that slavery provides insulation against economic collapse at the same time it generates healthy profits for private business owners.

We will make no progress against persistent economic malaise by turning to the government. Rather, we will only rescue the economy by reinvigorating the spirit of private property ownership that has always driven America forward. We will only regain our prosperity by refreshing America's passion for private enterprise solutions. We do not want handouts and bureaus. We want economic freedom.

Slavery delivers on all these points. By returning Africans to "property" status, we immediately create a huge new commodities market. That will allow for vigorous new exchange, as well as bank financing and stock market revitalization. Advertisers will win new contracts promoting slave sales, while interstate transportation entities will relish new business ferrying slaves from State to State. Housing contractors will also have a role to play by building accommodations for slave populations. In short, slavery will not only affirm America's commitment to private property ownership. It will also stimulate immensely beneficial free market activity.

Slavery also delivers significant indirect benefits. For one, by reducing the number of American citizens by 35 million, government will not need to spend as much on social entitlements. Social security and Medicaid payouts will decrease. With fewer necessary expenses in the budget, Congress will be able to lower taxes. That will allow private enterprise to hire more workers and reinvest their capital in profitable endeavors. Additionally, Federal labor laws will not apply to slaves, so private companies will be able to increase productivity without increasing wage costs. That will lead to a spike in production and more profits for domestic companies.

We need to worry about production in the United States. Without slavery, our economy sank into a dangerous trade deficit. Crippled by labor costs, entitlements, taxes and health care obligations, private companies could not produce enough to compete with countries like China and India. But slavery will correct the imbalance. Now, African slaves will cost employers next to nothing, allowing them to boost production and increase profits--all without commensurate increases in cost. Armed with increased profits, companies can invest in skilled workers, researchers and technology in order to propel American into a new Golden Age. The bottom line is that slavery will allow us to go toe-to-toe with China. Slavery works.

We are confident that the American people will see the merit in slavery. For too long, Americans have been brainwashed to believe that "slavery" is a dirty word. They reflexively recoil from it. But they must merely learn to understand that slavery is the key to our economic renaissance. As soon as disgruntled, underemployed American workers understand that slavery will get them a paycheck, they will quickly drop their hostility to it. When they see that slavery gets them a comfortable job, a nice new home, a beautiful two-car garage and even a few acres for themselves, they will stop fretting about dignity and equality.

Moreover, slavery is environmentally friendly. Enslaving Africans does nothing to poison water or air supplies. Enslaving Africans does not result in deforestation, nor does it threaten endangered wildlife populations. It is a "green" solution in the truest sense: It will not only make Americans money; it will result in clean air, too.

In a word, slavery has always played a role in American life. We have never fully moved away from it. It is time to get back to our roots and embrace it again. Our country was strong when private employers did not worry about crippling payrolls and social security taxes. Our country never suffered Depressions when we prized economic freedom over fanciful commitments to racial equality. And any American will tell you that he'd rather live in a country that does not suffer rampant unemployment than live in a country that forbids slavery. After all, abolishing slavery never paid anyone's rent or landed anyone a job.

Slavery means more jobs for all. Slavery means more private property ownership. Slavery means increased American production and viability on the world economic stage. Slavery means American prosperity. Slavery means home ownership and college education. Slavery means healthy waterways, wetlands and environmental protection. The list goes on and on.

In this light, let us speak out for economic freedom. Let us declare our independence from circular economic failures. Let us free ourselves from the tyranny of expensive labor. Slavery is our solution. It is our salvation. When America returns its Africans to slavery, no country in the world will ever threaten our dominance.

SOME PEOPLE ARE MORE VALUABLE THAN THINGS THEY DROP ON THE TRACKS

A LETTER FROM A CONCERNED CITIZEN TO THE COMMISSIONER OF THE METROPOLITAN TRANSPORTATION AUTHORITY (MTA)

By : Mrs. Zelda B. Wertheimer, Wife of Joseph G. Wertheimer, Founder, Wertheimer Industrial Plastics & Enamels Co., Inc. Owner, 2500 Acres assorted real estate in four countries; Resident, 237 Park Avenue, New York, NY; Member, Director's Guild, Metropolitan Museum of Art.

February 1, 2010

Dear Sir,

As a New Yorker and a humanitarian, I wish to complain about several new print advertisements you recently published around the metropolitan area. Although your safety advisements and commercial messages rarely arouse my indignation, your recent admonishment to subway riders: "Whatever falls on the tracks is not as valuable as you" is simply shocking. I speak for all New Yorkers when I say that your message is offensive.

I understand that the MTA wishes to protect its customers from train accidents. I also understand that train accidents are more likely when customers step off the platform onto the tracks. Further, I understand that some customers might disregard their own safety if they drop something onto the tracks, such as an iPod or other relatively expensive object. The MTA has a right to warn people not to risk their lives to save a piece of personal property. Additionally, the MTA has an interest in avoiding litigation arising from train/customer collisions.

I do not dispute the MTA's financial reasoning in this matter: No one likes lawsuits and no one likes paying money when they don't have to. But there are other considerations in the world. It might be prudent and even financially advisable to publish a poster warning people not to enter the subway tracks. Still, the MTA's message in this case is both philosophically unsound and in poor taste. In the name of decency and community values, I insist that the MTA remove these posters at once.

It is wrong for the MTA to suggest that "whatever falls on the tracks is not as valuable" as the person who dropped it. Although the MTA might think that its message esteems human equality and the importance of life over property, it is philosophically unsound because there are so many applications in which the message is not true. Popularly, people might believe that no object is worth more than a human life. But experience reveals that this is rubbish. Put simply, value depends on a comparison between how much the object is worth and how much the person is worth. No matter what our mothers told us when we were children, people's value can be expressed in dollar amounts. Insurance companies tell us how much we are worth all the time. Our portfolios define our monetary values. Courts tell loved ones how much their deceased family members "would have made" if they had lived. In a word, people are worth a number: And if the object they drop on the tracks is worth more than that number, then the MTA's "human value" message is totally untrue.

Consider the principle in action. Let us say that an impecunious, smelly beggar has a $40 faux diamond ring in his pocket. Let us further say that this beggar has no money, no savings, no real estate, no bonds, no stocks, no accounts, no chattel paper and no right to receive payment from any investment. He has no job; no one wants to be in a room with him, let alone hire him. In a word, this hideous, stinking beggar is literally not worth a cent. His "value" is zero. In these circumstances, if he drops the $40 ring on the tracks, he is actually less valuable than the object he dropped. If a train runs him over as he scampers to recover the ring, the MTA's "message" does not apply: The object he dropped was actually more valuable than he was: A $40 faux diamond ring is worth more than a $0 beggar. A third-grader could do the math on it.

Of course, that is a simple example. Most people are worth more than a beggar. But again, it is difficult to calculate human value. After all, a fresh-faced 30-year-old graduate with $150,000 in education debt is actually worth less than a $0 beggar even if the graduate has $4000 in the bank and a $10,000 stock fund. In that situation, appearances are misleading. Debt negatively impacts worth. Thus, the graduate is actually worth -$136,000. In this situation, if the graduate dropped even a quarter on the tracks, he would be worth $135,999.25 less than the object he dropped. Once again, the MTA's reasoning fails completely: A debt-riddled person is worth much less than even a modest object on the tracks. Any "positive" value is greater than any "negative" value: And debtors are "negative values."

I find it tasteless for the MTA to suggest that human beings are intrinsically more valuable than property. As the above examples illustrate, property is in many cases much more valuable than people. Many people will disagree with that assertion. But experience proves it true. A beggar's life is nothing compared to a $4,000,000 townhome, just as a debt-riddled graduate is nothing compared to a custom car. And what about criminals? Does the MTA suggest that a convicted rapist is somehow more valuable than an original Van Gogh? If a criminal dropped a Van Gogh on the tracks, does it honestly contend that the criminal is "more valuable" than this classic object of Western Art? I should certainly hope not. The bottom line is: Property is worth more than individual human beings.

But not always. When wealthy people hold comparatively less valuable objects, then people are more valuable than property. For example, if I were standing on a subway platform and I dropped my iPod on the tracks, I should refrain from scurrying after it because I am worth much, much more than the $250 iPod. I have extensive savings, accounts, real estate holdings and cash. My assets greatly exceed my debts. My net worth, therefore, is considerably higher than the object I dropped, so in this case the MTA's message is true: I am worth more than my iPod, so why risk myself to fetch it?

Still, these inconsistent results provide further proof that the MTA's message is incorrect. Messages must be philosophically sound. They must apply consistently no matter the subject matter. Yet even a cursory glance at the MTA's message here shows that it does not apply in many situations.

Finally, I find it utterly tasteless that the MTA believes in life over property. It is hypocritical for any governmental institution in this country to assert that human beings are worth more than valuable objects or land. We do not live in this country to spiritually enrich our fellow men; we live in this country to amass more property. There is simply no merit to the contention that life is about human worth. Simple commercial experience contradicts that contention at every turn. Men only have "worth" to the extent that they can expend labor and capital to amass even more property. Beyond that, there is no "intrinsic worth" in men worth protecting.

Legal doctrines and public messages that advocate life over property are indefensible. It makes no sense to sing odes to human life, as the common law does when it says that it is never permissible to kill someone to guard property. This is just ludicrous. If a person worth $0 tries to steal my art collection worth $45,000, there is no debate about which one is more valuable. What incentive would enterprising people have to amass property if they could not defend it against those without it?

Additionally, the law sends completely mixed messages in this regard. If it is so wrong to kill someone to protect property, why does the law not hesitate to heap supplementary punishments on thieves depending on the value of the objects they steal? Does that not show that our society finds it more wrong to steal something worth more than to steal something worth little?

Put simply, we put dollar amounts on both people and things in our society. Some things--and some people--are worth more than others. In that sense, the MTA grossly misunderstands what is really important in life. It is both philosophically unsound and tasteless for the MTA to suggest that all life is more valuable than all property.

Mr. Commissioner, I demand that you remove these hypocritical messages from our streets. It is time to educate our citizens about real worth, not delude them with foolishness about equality.

Yours very sincerely and truly,

Mrs. Zelda B. Wertheimer

LAWYERS ARE BAD MEN AND CLIENTS ARE ONE-DIMENSIONAL SIMPLETONS...AND THERE'S NOTHING WRONG WITH THAT

AN ESSAY

Over the last few days, I have been paging through my old law school ethics casebook, The Law and Ethics of Lawyering (Foundation Press 4th Ed. 2005). When I took this course in law school, I immediately recognized it was different. No other course investigated ethical quandaries in law practice. Sadly, our professor seemed less concerned with the abstract philosophical dimension to the course than with its technical aspects. After all, it is hard to get lawyers to understand ethics because lawyers understand law.

Contrary to popular belief, law and ethics are distinct from each other. Ethics are internal, subjective conceptions concerning the "right" decisions to take in life's ever-changing circumstances. Ethics depends on individual conscience. Law, by contrast, is nothing more than an official collection of written rules that a State formulates to govern external behavior. Law does not require conscience; it requires only technical compliance.

Applying these definitions, it is easy to see that a person can act legally without being ethical at all.

I have written at length about the incongruous relationship between ethics and law. The relationship is uneasy not just because ethics and law stand at opposite philosophical poles. Rather, the relationship is doubly uneasy because "lawyering" in America is adversarial. It is hard to adhere to ethical norms when you are constantly trying to "beat" your opponent and win money. By the same token, American lawyering is extremely commercial. Successful lawyers win their cases because they want to make money. This makes them "result-oriented." That's bad for ethics because ethics is less concerned with results than with means. An ethical person refuses to act in certain ways or even conceive certain actions. Put another way, ethics disqualifies particular means from consideration. Yet a "result-oriented" person--like the average American lawyer--refuses to take any means off the table. When you want to win, you don't refuse to play all your cards.

Yet this is how lawyers must think. After all, they serve the law, not ethics. The law prescribes conduct through language. Lawyers advise clients how to exploit ambiguities in language to avoid the law's reach. All language is imperfect. The law is no exception. Lawyers seize on the law's linguistic imperfections every day to make a living. How can ethics survive in an atmosphere where everyone just wants to game the system?

Sure, lawyers all must take "ethics courses" just like I did. But teaching "ethics" to a lawyer is something like teaching dining room etiquette to a wild animal. Law students take the ethics course because they must: It is required to graduate. And even then, most students view the course as a meaningless formality. Rather than using the course to cultivate ethical sensibilities and become "ethical people," they learn how to read "official ethics rules," then tailor their behavior to avoid censure from professional boards. In essence, then, the "ethics" course devolves into yet another course on law: How to read written standards and make arguments designed to exploit weaknesses in language.

But I am not your average guy. I might have done well in law school, but I hesitate to call myself a "lawyer." No, I am too interested in theory to be a lawyer. I am too interested in ideas and philosophy to blindly advocate a client's selfish financial interests until I die or retire. Put simply, I think deeply about the law and its relationship to civilization. That disqualifies me from everyday "law practice." My commitment to theory might drastically reduce my income. But it dramatically increases my understanding about the world we inhabit.

When I read text from my old ethics casebook, I relate it to all my other ideas about law and civilization. Recently, for example, I re-read Oliver Wendell Holmes' musing on the lawyer's role in American society. He said: "If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good man, who finds his reasons for conduct, whether inside the law or out of it, it the vaguer sanctions of conscience." The Path of the Law (1920) at p. 169.

Holmes' remark closely tracks my own views about the law and human nature. In short, Holmes understands that the law essentially serves "bad men" who just want to know whether they will lose their bodily freedom or their money, not "good men" who seek answers in the "vaguer sanctions of conscience." In essence, Holmes suggests that the law is fundamentally cynical; it merely provides explicit written standards that enable men to modify their behavior for maximum personal gain. And because the law is cynical, so too are the men who empower it: They just want to enrich themselves.

Holmes calls such men "bad." But in fact, he just means "selfish." It is not necessarily morally "bad" to be selfish. But no one would dispute that "selfishness" is neither noble nor especially praiseworthy. No one remembers men who just want to remain free and make the most money they can. They are selfish; and the law exists for them. Bad or not, the law advances an entirely selfish view of human nature. And there is nothing really wrong with that, because the law holds power over money, property and bodily comfort. Those are selfish men's concerns.

If the law only serves "bad men," where does that leave the "good men?" Holmes draws an important distinction here that mirrors the distinction between law and ethics. He says the law stands for selfish men and their petty motivations, not men who find "reasons for their conduct…in the vaguer sanctions of conscience." By that reasoning, "good men" must have nobler motivations than property acquisition and freedom from jail. "Good men" must craft their lives to follow the "vaguer sanctions of conscience," not just cynical legal commands. In essence, then, "good men" are ethical. Unlike law, ethics is internal. It depends on conscience. An ethical man looks within his own heart to know whether something is right or wrong, not a statute book. He does not exploit ambiguity to slither away from consequences. That is noble and "good."

Does this mean that a person who depends upon his own conscience has no place in the law? It almost appears so. After all, to properly serve the law, one must be cynical. One must look at it as a "bad man." If the law enshrines the "bad man's" motivations, then conscience apparently has no place in it. An ethical man might be cynical about others' motivations. But he will not always act cynically. True allegiance to the law, however, requires constant attention to cynical concerns. Litigants would not win their cases if they suddenly started following their own conscience rather than their hunger for money. If ethics means allegiance to conscience and "higher" motivations than the body and property, then it really has little place in the law. Holmes said as much.

Later in my casebook, I ran across an article that criticized Holmes' "bad man" argument. See William H. Simon, The Ideology of Advocacy, 1978 Wis. L. Rev. 29. In it, Professor Simon contended that Holmes' cynical conception about law compromised clients' "individual dignity" and "personal autonomy" because it required lawyers to assume that all clients have the same ends: Property and bodily comfort. The professor found it distressing that the law induces lawyers to both presume what clients want and "to lobby for a peculiar theory of human nature." Id. at 30-52. He found it lamentable that the law basically reduces "individual clients" to one-dimensional "hypothetical people" with a "few crude ends," namely "maximization of freedom of movement and the accumulation of wealth." Id.

I strongly disagree with this critique. First, while I agree that human individuality is precious, a person cedes any claim to uniqueness the moment he seeks legal redress. When a person invokes the law, he is not trying to soothe his conscience or prove his individuality. Rather, he is trying to win as much property as possible or to avoid going to prison. No matter what a client says, "justice" and "right" are not the main objects for his decision to take legal action. He takes legal action because he seeks to gain what the law can offer. The law does not offer abstract justice or right. It offers property and freedom from bodily restraint. This is all a person can hope to win from legal intervention. It is sheer ignorance--or sheer delusion--to believe it can deliver anything else. Courts do not award "good feelings" or a "sense of justice" with their rulings. No, they enter judgment in particular monetary amounts. If a client wants a spiritual reward, he should go to a church, not a lawyer's office.

Second, there is nothing wrong with imputing goals to a client. The law is not about conscience. It is not about ethics. There is a reason courts are called "Courts of Law," not "Courts of Ethics" or "Courts of Conscience." Clients could rightly complain about sacrificing their individuality if they sought to voice their conscience or their ethics. But when they file suit in a law court, they necessarily subscribe to far baser values. The law can deliver only money or bodily freedom. There is nothing wrong with imputing those base goals to a client, because those are the only things he can hope to gain from the law. If this renders lawyers "lobbyists for a peculiar view of human nature," it is not the lawyer's fault. It is the law's fault. The law is about cynicism, not conscience.

That is why the law really does exist to serve "bad men." And that is also why "good men" have little place in it. Once conscience enters the picture, law supplies no answer. Only ethics can appease the conscience.

Consequently, ethics and law do not mix. I don't care what any Bar Association, court or law professor says to the contrary. Law is external compliance. Ethics is conscientious belief.

And law cares not a fig for either conscience or belief.

APPLICATION DENIED : YOU ARE NOT APPROPRIATE

THE BUTTSON HOUSE CO-OPERATIVE, INC.

"Fine Residences in the Heart of Tribeca"

190 Franklin Street, New York, New York

January 8, 2010

Dear Mr. Farrell,

On behalf of the entire Board here at the Buttson House, I wish to thank you for your recent application to purchase a residential share with us. Despite your admirable resume, financial status and ability to pay for the share, we regret to inform you that we cannot sell the share to you because you lead an inappropriate lifestyle.

Two months ago, you expressed an interest in purchasing a two-bedroom residential share at 190 Franklin Street. Consistent with the Board's requirements, you duly submitted: (1) A resume listing past employers since 1980; (2) A certified letter from your current employer concerning your employment status, income level and bonus expectations; (3) Tax returns disclosing income since 1990; (4) Bank statements revealing savings levels since 1975; (5) A certified accountant's letter disclosing your current asset situation; (6) A marriage certificate; (7) A certified copy of your college degree, medical degree, law degree and engineering degree; and (8) A sworn affidavit declaring that all information you submitted was true, accurate and not misleading.

We salute you for complying with the Board's requirements. We are happy to report that you did not omit a single piece of information required under our procedures. You clearly have the financial and moral capacity to purchase a residential share from our cooperative.

However, despite your obvious financial ability to purchase the share from us, we refuse to sell it to you. Pursuant to cooperative By-Law Number 451.21, the Board independently investigated you after you submitted your application materials. Under the By-Laws, we are not required to alert you that that we conduct such investigations, nor do you have any right to question conclusions we make during the investigations. As a private entity duly licensed to do business in the State of New York, you have no legal recourse against us because we do not represent the State. Rather, we are a private corporation with full discretion whether to buy, sell or otherwise deal with any other private actor in the free market.

Our investigation disclosed several unfavorable facts about you. First, we learned that you do not cut your hair every week. To our minds, this reveals poor attention to personal hygiene, which in turn implies that you will not respect the property you intend to purchase from us. As a cooperative Board with an interest in maintaining a clean facility, we obviously worry about prospective shareholders who do not regularly cut their hair. We do not want unkempt ragamuffins with unfavorable hairstyles living under our roof, no matter how many stocks or bonds they own.

Second, our investigation disclosed that your middle name is Barfield. We found it anomalous that you did not list your middle name in your application materials. To our minds, your omission reveals a propensity for dishonesty that has no place at the Buttson House. Furthermore, even if you did reveal that your middle name was Barfield, we would have denied your application because we do not like that name. We believe that any name containing the word "Bar" would bring disrepute upon the Buttson House. We do not want others to think that bartenders, hobos, barmaids, wenches or drunks live in our building. Put simply, the name "Barfield" suggests all these things. As a cooperative Board with an interest in shareholder dignity--as well as public reputation--we simply cannot allow people named Barfield to live on our premises, even if they have all the money in the world.

Third, our investigators discovered that your left middle toe is 3 millimeters longer than your right middle toe. Although we sympathize with your deformity, we must advise that it makes us uncomfortable. We do not like the idea that a freak with two toe lengths might live in our building. To say the least, it is rather revolting. We understand that you keep your toes under socks during most public appearances, but that alone does not obviate the danger that you may appear in sandals, flip-flops or shower shoes in the Buttson House from time to time, particularly in the summer months. We are simply unwilling to subject our shareholders to the embarrassment of beholding your freakish toes during the summer. We cannot take the risk. Furthermore, under By-Law Number 4987.32(a), shareholders at the Buttson House have a right to refuse residence to anyone with unpleasant or inconsistent toe length, financial ability notwithstanding. Thus, we have technical grounds to deny your application for this reason alone.

Fourth, we learned that in 1996 you briefly worked as an artist during a break between jobs at financial institutions. Although this did not affect your financial health--in fact, you are a talented painter--we cannot tolerate former artists on our premises. As a cooperative Board committed to establishing a comfortable home for our shareholders, we take pains to ensure homogeneity in employment. All our residents work in the professions or in financial institutions. We do not house artists, tramps, free spirits or freelance writers. We do not want our residents to be subjected to inappropriate lifestyles, nor do we want artists making noise after 9 PM. In a word, our residents watch artists from the comfort of various concert venues in the Metropolitan area; they do not live among them. In a word, you were once an artist. That disqualifies you from obtaining a residence share at the Buttson House.

We understand that our decision may disappoint you. After all, it may appear to you that we have denied your application for completely unjustifiable reasons. But we really could care less. Under New York law, we can deny your application for any reason we wish; we are not a government agency. We can discriminate against you for any reason. We can turn you away because you have bad breath or because you are Mets fan rather than a Yankees fan. Put simply, we have unlimited discretion. We are the shareholders; you are the applicant. It is our club. We get to decide whether to let you in. Applying these powers, we hereby conclude that you are not appropriate.

We know that you have money. We know that you can afford the residence share for which you applied. But we just don't like you; it is as simple as that. If you were more like us, we might have approved your application. But that is just conjecture. Maybe we would have been in a bad mood that day. Who knows. The bottom line is that you're not getting this apartment.

Yours very truly,

Mr. B. Rockwell Merriman, Esq.,

Attorney-at-Law and Chairman of the Board of Directors
The Buttson House Cooperative, Inc.

HOUSING SPECIALS FOR TOUGH TIMES

REAL ESTATE MINUTE

At Reason, Commerce, Justice and Free Beer, we care about your well being. We understand that in tough economic times like these, even hard-working citizens find it difficult to secure basic necessities. Housing is a particularly difficult issue for many Americans. As employment shrinks, so too does the opportunity to locate affordable housing. For centuries, buying a home was the American dream. And now it is getting more and more difficult to realize that dream.

We understand that it is simply not possible to buy a home anymore. You need a lot of ready money to buy a home. And when you do not have a job, you don't have ready money. With unemployment now hovering around 20% nationwide, new homebuyers are virtually non-existent these days. Renting is the only way to go. In that light, we are pleased to offer our readers special information about rental properties.

We are committed to helping you survive this crisis. We encourage you to keep looking for work even if you've submitted 750 resumes since last fall and no one interviews you. We all need to dig deeper. We all need to cut expenses and save. We need to start hoarding coupons and looking for deals. When money is scarce, we need to adapt. That is why we are happy to provide some inside information about affordable housing deals. After all, you can't look for a job if you're homeless. You can't revise your resume if you live in a garbage can and spend all your time scrounging for discarded restaurant food.

Today, we are proud to associate with brokers from New York City's Manhattan Happy Homes Co., Inc. Like us, Happy Homes is committed to helping you find the home of your dreams--on a budget. Below, Happy Homes lists five excellent deals on New York rental properties. This is an exclusive offer. You--our readers--are getting a special first look at them before Happy Homes opens them to the public.

We are honored that Happy Homes cares about our readers. We sincerely hope that you will find a home today. And good luck on your job search! Keep your chin up. If you are determined, you will get a job, even on the 1000th try. Winners don't give up. From all of us here at Reason, Commerce, Justice and Free Beer, we salute our readers for their determination and resolve as they make their way through the storm.

Best wishes--and happy home hunting.

LISTING #1 - SPACIOUS LOFT!!! UNBELIEVABLE RENT!!! WON'T LAST!!!

You won't get space like this very often in New York! This is a must-see converted loft space for the adventurous tenant. It's a charming prewar building with reliable running water and optional heat. You will LOVE the period windows and high ceilings. Great ventilation and lighting from all sides, including skylights. Space is available for dishwasher, washing machine and dryer. Your friends will love the old-fashioned wall fixtures. Original flooring will blow you away. A little work will help. Wiring and plumbing negotiable. You even get FREE WATER! This is real, gritty New York living at its best. Pet-friendly building! And for $17,500 a month, it's a steal. Call today--it will be gone soon! (Two months' security, plus credit check, bank verification and board approval required for lease signing).

LISTING # 2 - CHARMING STUDIO IN CHELSEA - A BARGAIN HUNTER'S DREAM

Now THIS is a deal! Cozy Chelsea studio in a beautiful modern building complete with functioning elevator and lighting. Great neighborhood near nightlife, schools, transit, bars, buses and grocery stores. AMAZING SQUARE FOOTAGE : Plenty of room for furniture and appliances, too. Simple design with great potential for decoration and entertainment. Electricity included in rent! Pets allowed! A perfect bachelor pad or first apartment for new college grads. Best of all, it's a budget apartment: Only $8600 a month!!! That's right, only $8600 a month!!! You won't get a great price like this ever again to live in such a hot neighborhood. Isn't it time to treat yourself? Come on down and live in one of New York's HOTTEST areas in a HOT apartment--all for a bargain price (Full employment history must be submitted along with application, plus four months' rent and a blood sample. Landlord reserves right to reject African tenants, financial ability notwithstanding).

LISTING # 3 - OH YES - ORGANIC LIVING RIGHT IN CENTRAL PARK

Isn't it about time you went green? Well now you can with this UNBELIEVABLE rental smack dab in Central Park. Great views and lighting at all times. Heating optional (wood is available nearby for fires). Homemade plumbing system and spacious rooms make this apartment a MUST-SEE. Windows are original and charming. Pet friendly! Your dog will LOVE IT HERE! No worries about walk-ups here; it's all on the ground floor. This home is a MUST for culture and nature lovers. Plus you're just a stone's throw from the Guggenheim, 5th Avenue and all the bus lines. If you are committed to the environment AND you're chic, this is the apartment for you. Central Park address... does it get any better than that? And what a deal: It's yours for just $24,940 a month!!! Rent-stabilized!!! Call today. Don't let this one get away. (Tenant must replace all thatch, mud and dirt. Tenant is responsible for digging own privy. No exceptions. Only tenants with verifiable income over $450,000 per year (net) need apply).

LISTING # 4 - EAST VILLAGE - JUST WOW !

Incredible East Village one-bedroom in TOTALLY HAPPENING tenement building near Tompkins Square park. If you want cool, you've come to the right place. All original staircases, windows, fixtures and plumbing. FREE walls and FREE doors. We're talking EAST VILLAGE HIP here, baby. Steps from AWESOME coffee shops, thrift stores and wine bars. Not far from train lines, grocery store and pharmacy. A little work would make this classic New York apartment EVEN BETTER. Perfect for the working professional with demanding standards. Perfect for dinner parties, guests and business meetings. If you're ready to GET ON THE VILLAGE SCENE, look no further. It gets no better than this. And all for a measly $11,500 per month!!! Believe me, you WILL NOT find a rent this low ANYWHERE else in the village. Do it now. Don't lose out. (Subject to board approval. Only applicants with credit scores over 900 will be considered. No unemployed people. No homosexuals unless they agree to pay two years' rent upfront and indemnify landlord against property damage arising from homosexual activity (including unauthorized decorating)).

LISTING # 5 - MIDTOWN STUNNER - AMAZING VIEWS - GRANITE COUNTERTOPS

You will LOVE this cute and CAVERNOUS two-bedroom right off Bryant Park. Steps from 6th Avenue and Times Square. STUNNING all-granite countertops, modern kitchen and bath make this beauty a STEAL. Amazing West views provide great sunlight. Some electrical work needed, but not much. Original, modern flooring with a twist of natural charm. Your friends will LOVE the quaint lighting and brand new appliances. FREE running groundwater. Pets ALLOWED! Stalactites offer INCREDIBLE and UNIQUE decorating opportunities. Take it from us--when it comes to midtown, you will NOT find value like this for the money. When you're ready to dig your own hole in Manhattan, THIS IS IT. It's yours for just $37,000 a month. Don't wait! Call today! (Bathrooms and doors not included. Underground lake provides free plumbing. Tenant agrees to generate own electricity. Tenant agrees to hold landlord harmless for injuries resulting from cave collapse, falling rocks or subterranean animal attacks--no exceptions. Six months' security plus criminal background check required. Signed lease grants landlord right to sleep with anyone in tenant's household subject to notice. Failure to honor such right will result in material breach of lease and render tenant liable for full outstanding lease amount, plus treble damages. Tenant agrees never to bring any legal action against Landlord for any dispute arising out of this Lease for any reason whatsoever, including death).