March 12, 2004
Focal Points
Some time ago, I asked readers:
If you had to meet somebody you'd never met before someplace in Chicago, but you hadn't agreed on a time or a place, and you couldn't talk to them in advance, where and when would you go, hoping that the other person would pick the same time and place? I have my hypotheses, but I'm curious to see what other people say.
The nature of this game (hence the title "Focal Point") is to see if there is some answer that is so expected that everybody expects everybody else will pick it. One common example is driving on the right side of the road. Even if there were no rule against it, people presumably would drive on the right side of the road, because that's what everybody else is likely to do, and it's better that there not be any mixups. Of course, in other places everybody drives on the left side of the road, for the exact same reason.
Now, your answers: Some 85% of you agreed on a single time-- high noon. This didn't particularly surprise me, as it's one of those times that has a special name (and unlike midnight, is a convenient time to meet people downtown). It's only fair to mention that this question is patterned after a similar investigation once done in New York by Thomas Schelling. The answer there was Grand Central Station at noon. One reader even added: "'straight up' would seem to be the easiest time to remember"
But as to a place, your answers were wildly divergent-- the two most common answers were the Sears Tower and the steps of the Art Institute, with four people each. Several folks who picked the Sears Tower expressed familiarity with Schelling's finding. My co-blogger Greg Goelzhauser, for example, wrote:
For example, I haven't met you. So say the coordination game you set up is between you and me. Knowing that you are familiar with Schelling and focal points, I would certainly be at the information booth in the Sears Tower at high noon on the date requested.
Unfortunately, I can't separate my knowledge of the game and Schelling's findings to know if my answer might be different.
Another respondent said that having been asked the question in class by Professor Leitzel she couldn't help but pick the Sears Tower.
I think this is funny because the Sears Tower was no more popular than the steps of the Art Institute, but nobody who picked the AIC expressed any knowledge of focal point theory at all. Indeed, Professor Levy wrote:
Something like the front steps of the Art Institute would be the nicest answer, but I just don't think any of the musuems have the kind of status that the clock in Grand Central used to have in NY.
[Professor Levy will be found at the corner of State and Madison, and he will be there alone, although one reader wrote: "If I had any indication that the person was anything like me in terms of geography, city layouts and maps, I would go to State & Madison (that being the Origin.) So, if I were meeting an urban planner or some such, I'd say that. This is probably actually the least likely scenario."]
Rick Garnett will be at "the fountain" (which I presume to be Buckingham Fountain), and he'll also be alone. So will the gentleman at the Field Museum, the gentleman at the Trib Building, the gentleman at the Board of Trade and the lady at the Chicago Cultural Center.
Two lucky readers will be at Water Tower Place, but they will not, alas, meet, because one will be there at high noon and the other at 6 P.M.
To my surprise, two readers will find one another at Daley Plaza, and to my even greater surprise, two readers will find one another at the Marshall Fields Clock. [I didn't even know there was a Marshall Fields Clock until I saw it a few weeks ago.] With any luck they may run into the reader who will be waiting on the first floor of Marshall Fields.
Oh, and one reader will be at the Cosi on Michigan Avenue just across from the Art Institute:
It's just hip enough to be inviting, but not so much that it would distract from conversation. The porch is a great place to spend hours and hours snacking and talking while the Mag Mile traffic drifts by...and the game winner?S'mores that you can COOK AT YOUR OWN TABLE. You can't deny the coolness of that.
He might also have been able to see the folks gathering on the AIC steps. And an added bonus!-- with any luck this reader will run into the Nathan Hale Society's Chicago chapter.
Anyway, I think the moral of this story is that the best potential focal point is the Art Institute steps-- if the folks who knew of focal point theory hadn't assumed that the Sears Tower would be the obvious choice (I assumed it would be the overwhelming response), and if Professor Levy had realized that he had a nascent focal point on his hands, it would have outstripped every other choice 3:1. Of course, my response rate and sample size were incredibly tiny, so none of these results are ironclad. (And I've failed to list all of the one-response places that readers mentioned.)
So, if you ever find that you have to meet me someplace in Chicago and we haven't settled on where . . . I'll see you at the Art Institute at noon.
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An exhuming puzzle
From this week's Economist:
In Spain, bones from Seville cathedral are being subjected to DNA testing to see if they belong to Christopher Columbus, otherwise thought to lie under a monument in the Dominican Republic.
If anyone knows how a confirmed DNA sample from Christopher Columbus is available for reference, please email me. I'm utterly stumped and dying to find out.
UPDATE: A reader writes:
I don't think you'd need a confirmed sample from Columbus himself. If you had samples from a significant number of his descendants, you could use those to authenticate a putative Columbus sample to a high degree of confidence.
It turns out that he's absolutely correct. According to this article, researchers will also be exhuming the remains of Columbus' known son and presumed brother to use as references. What is shocking to me is that record keeping of these remains has survived almost 500 years!
Scientists will also undertake tests to determine if Columbus was Italian or Spanish.
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Re-reading
I'm currently re-reading True History of the Kelly Gang, and I think one of my original impressions from my first reading still holds: Peter Carey uses the St. Crispian Day's speech more effectively than Shakespeare does in Henry V.
background:
It's the night of the siege, the night before the big battle, and Ned Kelly and his friends are holed up in a bar with their friends and allies, all singing and dancing to build their spirits for the morning. The schoolteacher says he can't sing, but he tears a few pages out of his book of Shakespeare that he's carrying around.
the passage:
Here is the very words he spoke I pin them to the page as tore directly from his book.
he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse:
We would not die in that man’s company
That fears his fellowship to die with us.
This day is call’d the feast of Crispian:
He that outlives this day, and comes safe home,
Will stand a tip-toe when this day is nam’d,
And rouse him at the name of Crispian.
He that shall live this day, and see old age,
Will yearly on the vigil feast his neighbours,
And say, ‘To-morrow is Saint Crispian:’
Then will he strip his sleeve and show his scars,
And say, ‘These wounds I had on Crispin’s day.’
Old men forget: yet all shall be forgot,
But he’ll remember with advantages
What feats he did that day. Then shall our names,
Familiar in his mouth as household words,
Harry the king, Bedford and Exeter,
Warwick and Talbot, Salisbury and Gloucester,
Be in their flowing cups freshly remember’d.
I do not know where that deep voice came from for the teacher's normal manner were light as reed bt. now he read to us his eyes afire his face that of a soldier by my side o did the priests rise up beside the common people in times of yore.
Those what listened sat on floor or table they wasnt well schooled it werent their fault but many cd. not write their names. Their clothes was worn the smell of pigpen & the cow yd. was both present but their eyes burn'd with the necessary fire.
Constable Bracken were scowling but amongst the other faces there were astonishment for even if the meaning were not clear they cd. see a man of learning might compare us to a King & when in the middle of the poem Dan & Joe come back in from the night then all eyes went reverently to those armour'd men. Them boys was noble of true Autralian coin.
This story shall the good man teach his son;
And Crispin Crispian shall ne’er go by,
From this day to the ending of the world,
But we in it shall be remembered;
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile
This day shall gentle his condition:
And gentlemen in England, now a-bed
Shall think themselves accurs’d they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin’s day.
When he finish'd there were a moment of silence & then Mrs Jone let out a great hooray & all the men was clapping & whistling & the little cripple were alight I pick'd him up & sat him on the bar he gave me the 2 pages from his book.
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Rules and tests
In response to my post about Scalia, Toby Stern writes:
I think the answer is that Scalia himself has created somewhat vague and easily-manipulated tests to interpret otherwise ambiguous constitutional mandates. And I applaud that -- if you believe, like Scalia does, that Article III requires some sort of minimal standing requirements, then you need to provide judges with a way to figure out whether a litigant has cleared those hurdles.
And sometimes, as with standing (and many other areas of law), the best way to do that is to hand over the reins and let judges judge. Perhaps, in many cases, hard-and-fast rules are more desirable than balancing tests. I can get behind that idea.
But rules, while somewhat more restrictive than tests, should not be thought to take the judging out of judging. In the passage Will quotes, Scalia argues against these tests because they are "manipulable." Well, so are rules, and I doubt Scalia would disagree. But if you're going to argue simply that rules are the "lesser evil," then I don't think we get very far in cabining, as Will calls, it, the "potential evils of judges."
In other words, just let the judges judge, man. Let 'em judge. (Aren't slogans fun? Let the judges judge, man! Also, while you're at it, free Mumia, save the whales, something about Adam and Steve, and I'm lovin' it.)
Myself, I'm not as much of a rules-lover as Justice Scalia is. It seems to me that some clauses of the Constitution beg for balancing tests (like the 4th Amendment's reasonableness test) and many do not (like the 1st Amendment). Statutory interpretation, too, is ripe with both. I'm also sympathetic to Toby's mantra that "judges judge". Yes, of course they do.
That said, I'm not convinced that rules are as easily manipulated as balancing tests. I don't mean to pose this as a general argument, but I at least, can't help but manipulate a balancing test, whereas I at least have some sense of what it would feel like to apply a rule. Take, for example, the example that Toby gives us-- "actual or imminent injury in fact." Obviously this test has grey areas (as all tests must). But it doesn't have the same sort of grey area that "undue burden" does, or worse yet, "compelling state interest".
The mushiest word in Toby's example is "injury"-- it might be the case that one man feels injured by something most would consider a blessing. But I don't think that's as hard, as inevitably subjective as figuring out which state interests are compelling.
And therein, I think, lies the advantage of rules over balancing tests-- both of them are equally well-manipulated by judges who lack what Lawrence Solum would call "the virtue of justice". But balancing tests must be subjective, even to those judges who don't want them to be. [Imagine-- dare to dream-- that I were sitting as a Supreme Court Justice and asked whether, say, preventing the appearance of corruption in federal elections were a compelling state interest. Were it not for stare decisis I would say "no, I'm not particularly moved or compelled by that, sorry," and another Justice would say, "I find that quite compelling," and that would be it. There wouldn't necessarily be anything to argue about, because the test presupposes some way of not just measuring harm (like the actual/imminent injury test) but also of ordering harm, and if Justice Breyer and I just disagree about what's important, then that's that. We've each manipulated the test, and can't help it.
That, I think, is why Scalia so dislikes balancing tests-- because even when he tries to apply them objectively, how can he help but import his own values into it? One group of justices thinks anti-homosexual is irrational. Another group of justices disagrees. There's not really anything to discuss, because these views rely on "unproven and unprovable moral premises".
In other words, rules are nice not because they help rein in the bad judges-- they don't-- but because they help us guide the good ones. Of course judges judge-- but I'd rather that they were trying to figure out whether the word "age" in "discrimination on the basis of age" meant "age in years" or "old age" than trying to figure out whether, say, a state has a "compelling interest" in discriminating on the basis of race.
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Alden Shoes
Well, I should have suspected that caving in to the folks at Begging the Question would open the floodgates for link-requesting email. Here's a note I received today:
Dear William,Now, I'd feel a little unethical about touting the virtues of these shoes that I have never worn and getting a secret kickback for it, but I found this email sufficiently entertaining itself, that I thought it was worth posting a link to these makers of Alden shoes. Anyway, to be clear I have no real use for the 10% discount, although these shoes do look very nice, as even with the dicount their well outside of my meager student budget (especially as I'm still at the phase of student life where I wear my shoes out once or twice a year). But since I'm a big believer in navel-gazing blogging about blogging, I thought I'd mention this. And no, we aren't currently planning to cave to the BlogAds craze-- this is firstly for legal reasons (it's my naive belief that not running the site commercially at all affords us wider free speech protection than if we made money) and secondly because the amount of revenue we could get from them just isn't very much [In other words, you can be bought, but not at this price?--ed. Err, yes.].
At fist glance this might seem like a Nigerian scam letter. Don't worry. Let me get right to the point. Searching google in my never ending daily grind to obtain better rankings for my web site www.since1884.com (specialists in Alden shoes) - I came trundling along slam bang into your blog* - http://www.crescatsententia.org/. Not unexpected since I used the search term 'Dr. Marten shoes blog'.
Why?
I'll be perfectly honest. You have probably read all about the recent Google bust up. Change in algorithm, etc. Small guys getting popped left right and center. Such as us. Our big venture capital funded enemies such as Zappos.com beating us up around every corner. Hey, they even advertise twice on the same Google ad words.
I need you help, and I am willing to give you something back.
First let me tell you just a little about our company. We are small, we are focused, and dedicated, we make mistakes, but we are ethical, and simply put our mission is to provide a web site specializing in a little niche of the market. We have real brick stores (picture attached) too. We don't go in for search engine spamming, link exchanges, or for that matter any form of spamming. We don't utilize any techniques to redirect and mystify search engines. But being an honest Joe does hurt.
Our staff are all keen bloggers themselves...And that led onto the idea that I am here to tell you about.
We would (humble, begging, praying) like to request of you to place a link to our site from your blog. I have some suggested link words below, but frankly if you want to link to us with the words 'Scam artist shoe store', well that's clearly your choice. Of course a link and a little blog about us or our product would be even nicer.
In return, I can't offer you millions, nor even shares (equity) in our company. I can offer you a LIFETIME 10% discount off purchases from our site. Will we police this, and can you rip us off? No and Yes. You can unlink to use, and I doubt I'll ever check. Is 10% a big deal, well its 10% and we do ship world-wide. I think you'll find our service and support excellent. Oh and lifetime does mean for as long as we are around in our present format and not eaten up by some capitalist vulture.
If you aren't interested, thats fine. Just ignore me. Nothing lost nothing gained, or whatever that cliche is!
If you are interested and get a link up. Just email me. I'll do a one time check and email you your 10% promotional code. Either way you probably won't hear much from me again, unless you want to.
If you got to the end of this email without deleting, well thanks. I tried to make it somewhat stimulating.
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