2007年10月3日水曜日

Thoughts on Sanders vs. Thomas

In perhaps the second large scandal in the NBA off-season (the first is undoubtedly the referee cheating scandal), the trial of Browne Sanders vs. Isiah Thomas and MSG over accusation of sexual harassment took on multiple dimensions. Sanders claimed Thomas sexually harassed her and created a hostile working environment, and after she voiced her complaint to upper management, was fired as a retaliation. First let's keep in mind that in a civil trial, conviction requires the preponderance of evidence, i.e., more likely than not, while in a criminal trial, conviction requires a much higher bar of proof beyond reasonable doubts. Now let's dissect the case.

It is helpful to divide the accusations into two part: the first being Sanders' charge of Thomas' sexual harassment, and the second being Sanders' charge of MSG for unlawful dismissal. In the former, Sanders and her legal representation presented no first-hand eye-witnesses or material evidence; their entire case rested on Sanders' testimony again Thomas' denial. In other words, it was "she said versus he said". Due to their conflicting testimonies, obvious someone is a flat-out liar, but judging solely from their words, it is impossible to say definitively who it is. IMHO, this does not sustain a preponderance of evidence, and no conviction should be granted.

In the latter charge, there was ample evidence that Sanders was a valued and contributing employee, receiving raved end-of-the-year reviews and hefty bonuses annually. For the defense, they provided no written documentation that signals poor performance, but only witnesses who are current employees of MSG, and hence has substantial incentive to provide biased opinions in favor of their employer. In the light of lack of material to support the claim of dismissal due to incompetence, it is certainly more likely MSG took action to eliminate Sanders rather than resolving the complaint, and the conviction should be granted.

What is surprising in today's announcement of the jury's decision is that conviction was granted on BOTH counts. While it is clear that no one should condole unwanted and unprofessional sexual advances in workplace -- and in no way can I conclude Thomas is completely innocent in this case, it is frightening that only a woman's accusative words can convict in the court of law without any supporting materials or eye-witnesses. This sets a dangerous precedent in the future where a woman seeking a financial fortune can be rewarded by simply accusing a law-abiding male co-worker with nothing but her words and a determination to carry out the evil plan. US used to be a country where one is innocent until proven guilty; in the case of "he said vs. she said", it is an ugly exception getting uglier.

2007年8月21日火曜日

Vick's convictions

[post on BartonHallBenchWarmers]

By now you have all read about the guilty admission and apology that came with the plea bargain that Michael Vick's legal team has deemed is the best strategy in the federal dogfighting investigation. Recall that only a few weeks ago, Vick came out of seclusion into the public and declared he was looking forward to clear his good name, admitting no guilt and no fault. As a non-follower of NFL, unable to be dazzled by his god-like athletic dimensions of Herculean scales, I wonder what exactly is the sports/media icon really sorry for. What heart-felt sincerity can be conveyed in an apology, just weeks after categorically denying all wrongdoings in front of cameras and adoring fans? When only after the other four charged co-conspirators have also been backed into a corner and signed plea bargains, raising the number of witnesses against Vick to seven, are a few words of apologetics muttered? Admitting guilt only when it is legally expedient is admitting one is sorry he is caught and nothing else. If he can commit the same crime again and guaranteed not to be caught, would he not do so again? This is the most egregious case of a man rising to the pinnacle of the sports pyramid, creating an ego beyond his human and societal limits in the process, committed a blatant felony, and attempted to selfishly save his kingdom by damage control and taking the most politically correct routes carefully prepared by his legal advisers. Is Vick a good kid caught in a bad situation? Maybe he once was, but as George Orwell famously said, "power corrupts, absolute power corrupts absolutely." The Michael Vick today has since long been a different being from the one who tossed footballs for the sheer joy of the game.

2007年8月16日木曜日

senior comebacks

[post on BartonHallBenchWarmers]

i am not sure if it is the summer heat getting into the hot heads of middle-aged male or just the atrocious sight of the Cavs getting whipped mercilessly by the Spurs that inspired a renewed fire of competitiveness in old and broken down bodies, but the recent announcements of many
bygone stars of the 90's to come back one last time for the ultimate glory is both understandable and pathetic at the same time. granted, shooters like Reggie Miller and Allan Houston are still better shooters than 90% of the current NBA crop, but the players are bigger and faster, and i am not sure how easily they can get their shots up like the good old days when they lighted it up w/ ease. (come to think of it, i don't ever remember Houston lighting anyone up, even as the lone gunman in the crippled offense in NY Knicks). More doubtful are players like Penny, who had relied on superior athleticism to outquick opponents to the rim, to return to form in the now congested half-court of oversized giants. Even more unlikely is the likes of Oakley, Shawn Kemp, who had relied on strength, size and guile to collect rebounds in the rough-'em-up NBA 90's. NBA has since made a concerted effort to reduce grab-and-hold physical plays, and at 6-9, he will be one of the smallest PFs in the game. know that Yao Ming can bench 310, Dwight Howard can do even more -- a sign that players are now specially trained and conditioned by an army of specialists around the clock to optimize their performance.

if we learn anything from MJ, it is that father time catches up to anyone, no matter how spectacularly talented one used to be in his youth. understandably, letting go is one of life's most difficult lessons --- one that we will all experience eventually. besides, it ain't so bad w/ spending time w/ family and playing golf?

2007年7月23日月曜日

carnage at carnoustie

[post on BartonHallBenchWarmers]

If I had to fight off the sleep demons into the wee hours of the morning to witness the conclusion of the British Open, I will make damn sure my fellow sports junkies know about it too. Fortunately for me, it was golf drama at its best in its tantalizing yet confounding mysterious ways; unfortunately for the warriors w/ sticks, it was yet another bloodbath at the 18th of the dreaded carnoustie. Sergio Garcia, the El Nino himself, had a 3-stroke lead trotting into the final round and (gasp!) no Tiger in sight. That's as sure as the rain in Spain rains mainly on the plains, si? Lo and behold, the magic of the belly putter has once again abandoned him; the sight of him missing birdie chances one after another after gutsy approaches was heartrending. The hard charging ol' lad Harrington from Ireland, a man of stoic countenance and humility in speech, was surely the victor well earned, aye? The calamity of the 18th, ala the infamous surrender of Jean Van de Velde, has casted his evil eyes again. 2 doomed lost balls in the stormy waters of Barry Burn and a double-bogey later and it's chaos once again. Sergio needed only par for victory and redemption. He slashed iron off the tee for safety, he chipped and chopped to 10-foot for a chance to edge his name on the beloved cup, a week after his mentor Seve Bellesteros declared his retirement from the very same course where himself won his first major---a God-ordained declaration that the Spanish torch of flair and charisma shall be passed now to the son of God. then it happened: the putt marched surely and proudly, kissed the left lip and rolled off. Sergio crouched in utter disappointment. There was no need to watch the 4-hole playoffs. The momentum had buckled with yet another misread. It would be a green day in Scotland; Harrington can breathe without the stink of the cursed Frenchman. He smiled broadly as the sun dispelled the omenous clouds for the last one standing.

2007年7月18日水曜日

tossing coins

Slumping on an overly fluffed sofa and staring at the brightening morning sky, I lackadaisically conjecture that life's events fall broadly into two general categories: those which can be reasonably explained by causality, those which appear utterly random and unexplainable, as if the Lord, similarly leaning languidly on His throne with sleepy eyes half shut, is tossing heavenly coins one-by-one to pass His days. Cursed are men who are burdened with the burning desire for knowledge and wisdom ("to be like God", as the Serpent salaciously tempted Eve in the Garden) and forever seek reasons and explanations for every bump and ridge of the perceivable world to quench a rasping thirst that can never be satisfied. Do the birds question the biological makeup of the wildflower seeds, or the cats ponder the historic beginning of the scalding sun? Do knowledge itself bring comfort, understanding itself peace? Troubles will befall all who breath long enough to see their own bitter ends; who knows what tomorrow, creeping in its petty pace from day to day, would ultimately bring? I say: accept your fate, you measly created things of finite worth! Trust in the Creator of all things, if you so desire, and rest in the knowledge that He will surely cast His eyes upon you and call your fateful number, in due time, whether according to His reason or His caprice.

2007年7月15日日曜日

Passing of a Texas Wildflower

The mention of Lady Bird Johnson, who peacefully departed last week at the age of 94, usually conjures painful memories of an ill-conceived and dreadfully managed Vietnam war. But behind the fury and vigor of a determined but misguided President has always been a stoic and steady First Lady. Thrust into the White House spotlight after the tragic assassination of John F. Kennedy, Lady Bird Johnson was immediately casted into the shadow of the glamorous and captivating Jacqueline Kennedy. A Texan of quiet strength, who suffered through four miscarriages as a mother, Lady Bird took her unenviable task as unelected First Lady with grace and exceptional efficiency. Shrewdness she acquired while supporting her husband's early political drive financially paid dividends in the peripheral of the Oval Office. Hosting official guests at L.B.J ranch in Texas, her hospitality and political sensitivity won her allies and admirers at home and overseas. The L.B.J couple would go on to win the 1964 in a landslide and endure four of the most difficult years in American history.

Best known for her determined and sustained push for highway beautification--a worthy environmental cause well ahead of her time, perhaps she should also be remembered as a remarkable woman with classic American grace, one who warmed to the political limelight without desperately wanting it. Till the end, she was a model of peace, acceptance and temperance. “It has been a wonderful life,” she spoke in 1992. “I feel like a jug into which wine is poured until it overflows.”

2007年6月23日土曜日

Schopenhauer's musing

Rather that art for art's sake, perhaps Arthur Schopenhauer's view of art for the alleviation of life's suffering has some merits after all. In the context of the modern world, if one is permitted to broaden art's definition to the more encompassing "entertainment", then one can see concrete examples abound in every day life. Take for example pop art culture, where by poking fun at the absurdity and randomness of life in subtle and clever ways, it somehow makes the process of deciphering of gloomy messages soothing, transcending normal life's drudgery. Consider also the soulful sounds of blues, which speaks directly of one's lost dreams and unfulfilled yearnings, whereby doing so truthfully and passionately is music to one's ears. The latter also smells of Schopenhauer's second remedy of life's misery: by sharing livid experiences with those who also suffer, it lessens the pain of both the teller and the listener. if life be a torturous journey, one scattered with thorns and needles, the famed pessimistic philosopher's advices are more than just bitter melon. Eat well.