Michigandering

Foreclosure Op-Ed in Lansing State Journal

2010-08-07T13:03:00.000-07:00

Pappas: Michigan, take cue from Nevada Issue: Foreclosure law
Silver State does far more to assist homeowners

August 1, 2010

Michigan's foreclosure law provides a process so borrowers and mortgage holders can work together to avoid foreclosure. These efforts fall short because the law lacks a good faith enforcement mechanism.

This year I observed meetings between homeowners, housing counselors, and mortgage holders' attorneys. Commonly mislabeled mediations, these sessions lack a neutral third party. Homeowners often expressed surprise that they were not able to negotiate. While the attorneys I observed were helpful, I heard numerous stories about delay tactics, adversarial attorneys, and unwieldy bank bureaucracies. After one year, the program's success is difficult to gauge without a central data collection mechanism.

Meanwhile, states like Nevada (with the nation's highest foreclosure rate) are achieving great success.

Nevada's state-run program allows homeowners to request mediation. To foreclose, the mortgage holder must participate in good faith, meaning that their participant must have the authority to modify the loan. The holder must provide a copy of the deed, the note, any assignments, and must submit to the mediator a proposed resolution and the method used to determine eligibility. Both sides must participate with a genuine interest in working out a solution.

If not satisfied, either party may petition for judicial review. The Legal Aid Center of Southern Nevada estimates that 5 percent of cases see instances where a party does not negotiate honestly and fairly, and courts generally defer to the mediators' good faith determination. A judge may sanction any party not acting in good faith (Nevada Fact Sheet, June 21, 2010).

Preliminary findings highlight the program's success: 56 percent of homeowners receive some form of loan modification and 80 percent to 85 percent of homeowners that elected mediation are still in their homes. Nevada's program operates without taxpayer assistance. A $50 fee paid by the mortgage holder covers administrative costs, and each side pays the mediator $200. The mortgage holder pays an additional $150 to alleviate the state's budget crisis (Las Vegas Review-Journal, March 4, 2010).

Nevada's leadership is making a difference. Barbara Buckley, Nevada's speaker of the House, championed their legislation. Further, Nevada Sen. Harry Reid's meeting with Bank of America was influential in a decision to build three new outreach centers (BoA press release, June 1, 2010).

Michigan's law was poorly designed and will expire next July.

In Michigan Lawyers Weekly (Sept, 28, 2009), Alternative Dispute Resolution Section Chair Charles Judson described failed efforts to include mediation. He believes the public must be educated about mediation's benefits, which include the confidentiality of sessions, higher satisfaction rates and lower costs compared with litigation, and mutually agreed upon outcomes. Nevada's program highlights mediation as a valuable public policy solution.

Partnering with legal aid, a mediation program overseen by the State Court Administrative Office could be administered through Michigan's 20 community mediation centers. These centers have the expertise to shepherd cases quickly, efficiently, and at low cost.

Nevada's good faith requirement provides adequate assurance that everyone follows the rules. Michigan's homeowners deserve the same protection.

The Public Administration Canon

2010-05-10T21:19:00.000-07:00

I've been busy, working full time at MSU and also traveling to Kansas to work as a full time student on my PhD. Here is a wordle of my 75 page "Canon of Public Administration":

A Great Tigers Win!

2009-08-08T10:50:00.000-07:00

In addition to it being a special night for my family, we saw a great game! The Tigers held on to beat the Twins 10-8 in the opener of a big series for both teams.

Great seats!

Debbie, my sister Dana, and my dad

Debbie likes to keep score

Another benefit of the seats- they are in the Singing Hot Dog Man's Section.

Hooooooot Dooooooogs!

Tiger manager Jim Leyland before the game

Granderson before the game

Guillen warming up

Inge in the dugout

Leyland checks the lineups

Polanco signs a few autographs

Magglio running back to the dugout

And now to some first inning action...

Galarraga on the mound, Polanco getting ready for action

Polanco avoids the slide and turns the double play

Tiger killer Joe Mauer connects on a solo homer in the top of the first.

After Clete grounds into a fielder's choice, Granderson gets caught in a rundown between 3rd and home

Harris tries to apply the tag...

But misses! Granderson scores.

the next batter, Cabrera connects on a 3-run homerun

Guillen avoids the inside pitch

Maggs timing Swarzak's pitches

Guillen stretched a double into a triple, and when the ball gets past third, he goes for home. Unfortunately he was called out.

Inge heads to the plate as Ordonez thinks about his strike out. Avila is on deck.

It was a big night for our new catcher: 2-4 with 4 rbi's and 1 run. This capped our 6 run first inning.

Twins Manager Ron Gardenhire argues a call in the second inning.

Dana can barely watch as closer Fernando Rodney almost blows a four run lead in the 9th!

Ed's First Pitch

2009-08-08T10:37:00.000-07:00

Last night my Uncle, Ed Pappas, threw out the first pitch before the Tigers v. Twins game at Comerica Park. Ed is serving as the President of the State Bar of Michigan, and this is one of the perks of being Michigan's top lawyer. Ed is a huge baseball fan and this truly was a thrill for all of us.

Ed and his son Steven waiting behind home plate

Ed waives to his many fans

Tigers first base coach Andy Van Slyke prepares for the pitch

Ed giving Van Slyke the sign

Ed sets...

looks like a fastball

Good balance on the follow through

I believe Van Slyke gave Ed the autograph and not the other way around.

New Beginning, but Nothing New

2009-08-06T18:12:00.000-07:00

This month marks quite a milestone for my dad. He just finished his 20th year as a college president at three different colleges. Today was his first day as the president of Davenport University. The amount of media coverage is quite surprising. As he did make an appearance in the late 90's on the then "Regis and Kathy Lee" Show, this must be his 16th minute of fame. We are very proud of him.

First there was the article in the Grand Rapids Press.

Then another in the Holland Sentinel.

The ABC affiliate Channel 13 in Grand Rapids, WZZM, ran this stor y earlier today

Then at 5pm, NBC affiliate WOOD TV Channel 8 interviewed him in a live segment (Yes, it really is called WOOD TV, and it's MichiGANDER, not MichiGANIAN!):

But this is nothing compared to his photo shoot at NLU from last year. I happened to be at National-Louis at the time, and somehow ended up in some of the shots. This is the one that will be on CNN when I'm racing a bronco down 696. For those of you who may not know this, my Grandpa Charlie was also a college president for ten years, at Mott Community College in Flint.

Hello? Dude, you called me...

2009-07-20T21:51:00.001-07:00

So Google keeps inventing interesting online applications and Google Voice seems to be a good one. First, you pick a phone number (nearly any number as long as it's available and not one of your own). Then you enter your existing phone numbers (cell, home, work). You can then direct any call to that google voice number to your cell phone or work phone or home phone. Best of all, it's free... and so is the accompanying voice mail. Voice messages are even transcribed and can be received as texts. I'm not sure if I will actually use this until I can forward calls TO my google voice and then onwards (from work to google to my cell). Like most people my work number is not easily changed.

Google Voice also has a great calling feature. Online you can enter a phone number, and google will call that number and forward it to you via your google voice number. The calling rates are free in the U.S. and seem to be very inexpensive globally (6 cents per minute to cell phones in South Korea). And now the days of needing someone to call you to get out of something are long over. Only when you answer your own call, the person you called might be confused by your Hello. What will Google roll out next? My guess is Google thoughts- it reads your mind and transcribes your thoughts into easily sendable e-mails.

How to Reform Health Care Reform

2009-07-19T14:59:00.000-07:00

Clearly the interest groups are lining up to kill Obama's Health Care Reform. There is simply too much money to be made out there by Insurance Companies, Drug Companies, Doctors, and Hospitals. But what is the correct action to take to help fix this mess? That seems to get lost in the shuffle unless correct = profitable.

I found this Talk of the Nation piece to be outstanding. Arnold Relman, former editor-in-chief of the New England Journal of Medicine and retired M.D. says President Obama's health care plan won't work. He outlines the changes he thinks are necessary for success (but are missing) in the plan.

In an earlier New York Review of Books Relman frames the issue:

The central problem is its expense. Health care in the US is about twice as expensive per capita as in other developed countries—nearly 17 percent of US GDP in 2008—and its costs are rising faster. High costs partly account for another huge health care problem—nearly 50 million people are uninsured, and the number is rapidly increasing. Economists say that the main reason for high costs is the ever-expanding use of expensive kinds of diagnosis and treatment, such as new drugs, diagnostic tests, imaging methods, and surgical procedures. Physicians in most other advanced countries have access to virtually the same resources, but use them less.

For those of you not interested in listening, here is the synopsis: doctors need to be employees (not independent contractors) who are paid a salary (not by the test/procedure/etc...). Doing that avoids incentives to either over-use (i.e. order more tests for more $) or under-use resources (insurance bonuses for ordering fewer tests). And he of course argues against private health insurance. I hope Obama and Congress heard the interview.

For the health care professionals who still falsely believe that lawyers are to blame for the meteoric rise in health care costs, here are some intelligent points/valid issues that I think are certainly worth discussing.

1- Do juries lack the technical medical expertise to be able to judge between competing medical experts? Are there alternatives or ways of fixing this?

2- When insurance companies pay to settle any case up to a certain amount, does that provide negative incentives for attorneys to bring frivolous claims? Do insurance companies only pay when lawyers are involved? What does that mean for injured individuals whose claim is not a slam dunk and thus not a case a lawyer is willing to accept on contingency? How much does it cost to try a med-mal case?

3- Could a bi-partisan (doctors and lawyers) panel review medical malpractice cases to determine whether the possibility of malpractice is more than just argument? Do we have the right to go to court? At what point does the cost of justice justify restrictions on it's access?

Have a great week everyone!

Leo's to open a coney in Chicago!

2009-07-14T11:11:00.000-07:00

'Big news' out of Chicago... Leo's Coney Island is opening a location on Southport. More analysis after the jump.

LEO'S CONEY ISLAND IS COMING TO CHIGAO... AND DETROIT FOLKS ARE FLIPPING OUT

Posted by Kevin Pang at 6:20 p.m.

When I told a Detroit native last week that Leo's Coney Island is coming to Chicago, she practically flipped her lid. (Actually, she used more powerful and exotic language in describing her reaction, but needless to say she was quite excited).

It's a big enough deal that the restaurant chain has assigned its own Chicago-specific web site URL — leoschicago.com — which informs us on the homepage with much bravado that yes, "the rumors are true," Leo's is coming soon to the corner of Southport and Cornelia. From owner Lou Goldhaber: "We are doing everything we can to open as fast as possible. We are most likely opening late fall 2009."

The official web site describes its history as such:

Leo’s Coney Island was founded in 1972, and is a rapidly expanding full service food establishment. Leo’s has evolved from a limited menu offering the basics of Coney Islands, fries, burgers, and Greek salads to a wide selection. Its menu offers a full line of items for the whole family including Greek specialties, breakfast and a kids menu.

When I asked another friend, former Tribune entertainment reporter now at USA Today, Kelley Carter (a Detroit native), she told me, "now there may be no reason to go back to Detroit." Carter, a vegetarian, said, "the only thing that could break my no-meat diet is a Coney Island."

At its essence, a Coney Island is a long red hot link, topped with chili, raw onions and ~~melted shredded cheese~~ mustard in a steamed bun (thanks to Angela in the comments for the correction). Places like American Coney Island and Lafeyette Coney Island in downtown Detroit have battled for chili dog supremacy for years. But Leo's takes the chili-cheese-onions-meat concept and applies it in other entrees, such as omelets and loose meat burgers.

Carter tells me it's the type of place you'd go to after a night of clubbing and imbibing. "Nothing snaps you back into sobriety like a Coney Island from Leo's." I guess my question is what's the difference between a Coney Island and a chili dog? Semantics?

Anyone else from Michigan care to chime in about Coney Island dogs?

Having lived in Chicago, I can say with certainty that I did not miss Detroit because of the coneys. Don't get me wrong, I'm a big fan of coneys, but really just of diners in general. Leo's is just another coney chain, and there are a lot of them. There are Leo's all over metro Detroit, with Mr. Greek's on State Street the coney on Michigan's campus. Same basic stuff- greek salads, cheap omelettes, gyros, and the classic coney dog with onions and chili. It's cheap food and nothing to get that excited about. There are a lot of great diners in Chicago, too (Melrose being the one I frequented the most often).

My favorite 'coney' style restaurant is Little Daddy's near Inkster and Northwestern in Southfield (try the tommy salad, it's great). Lafayette Coney downtown is the REAL coney, with a lunch counter and everyone eating coney dogs. It's a good place to stop after a night out or before a tigers game. If they were to move (or the American Coney next door), that would be news. I guess it is a 'detroit' thing and that's what sucks, losing something even slightly original. But F you to all the people who only come back to detroit for the coneys.

Thanks to Jeff for alerting me to this nonsense.

Oh, and the first comment by the owner of the Ave Tav that he was the original seller of coneys? Whatever dude, I lived at that corner and you do fly Redwings and Tigers flags at appropriate times, but you also fly twins and any other flag that will get people in the door. It's worth the walk to the Tin Lizzie.

Compassion and Law

2009-06-24T04:30:00.000-07:00

See more of Dana Summers here

The image of lawyers as sharks is something this culture (and plenty of lawyers) are happy to cultivate. In reality, compassion and empathy help to resolve more conflicts than hammers and ultimatums. For example, doctors who take the time to explain, listen and apologize for mistakes are sued far less than doctors who do not.

As a mediator, often the key to reaching an agreement is to help both sides understand each other's perspectives. But mediators do not have decision-making authority where judges and juries provide rulings and verdicts. Litigants do not check their emotions at the courthouse door any more than they do around the mediation table. Conflict is stressful. The rule of law must be followed, but it can and should be followed with compassion.

Left holding the bag (phone)

2009-06-17T19:03:00.000-07:00

So I have about a year left on my t-mobile plan, and I called today to see how much it might cost me to terminate my plan on the early side. Since I am more than 6 months from the contract date, the fee is $200 per line or $400. As I will be traveling frequently this fall, I thought having a data phone/plan might be a good idea. I may even be able to leave my Macbook at home, saving me the airport security line hassle. Not to metion that the iphone and Palm Pre both look great.

Unfortunately the $400 is a bit too steep for me on top of the other costs. My plan B was to upgrade my phone to a blackberry (the only smart phone that works with T-mobile). I can pay $99 for one of those, AND sign a 2 year extension....or I can pay $399 without a contract extension. But... then I will need a data plan, and for that I need a, you guessed it, 2 year extension.

Is it just me, or is the technology quickly outpacing these cell phone contracts? Last august, a "talk all I want" family plan with two lines seemed like a great deal for $119 a month. Now sprint is offering an all-data family plan for $129 a month. Unfortunately the high early termination fee leaves me holding the bag (phone).

Today, the Senate Commerce Committee held hearings on cell phone carriers and exclusive manufacturer agreements. Clearly with the Blackberry Storm, the iphone, and the Palm Pre exclusively offered on three different carriers, competition in this high-end market seems to be flourishing. But with high early termination fees it becomes very difficult to either upgrade your phone OR your plan OR switch carriers without exorbitant costs or additional 2-year contracts. The pace of technology only exacerbates things with today's great deal quickly becoming yesterday's lemon and tomorrow's headache.

With Verizon, Sprint, AT&T, and T-Mobile entering exclusive agreements, the smaller companies (i.e. U.S. Cellular) are left with the dumb phones, and are unable to compete. In the Washington Post, dated tomorrow, Senator John Kerry poignantly asks why it is that when we access a particular broadband service we are not required to do so on a Mac versus a Dell? (Incidentally, I enjoy reading tomorrow's news almost as much as I enjoy watching fair and balanced cable TV "news.")

IMO There should be no required plan extension for upgrading your phone or your plan. I don't think cell phone plans should exceed 1 year (if that), which would provide for competition between carriers to provide incentives for customers to renew their contracts. Which might actually lower plan costs and improve quality... isn't that what competition is for!?

Of course Comcast is my favorite company to hate on. They are so evil that the website linked to above is just a blank page. If you stare at the screen (like you would one of those magic eye pictures, see below), you can see a message instructing you to get the Comcast triple play. Amazingly no one seems to realize that triple plays are only great when your team is in the field. In my case Comcast is a necessary evil (I'm up at bat) until AT&T builds another U-Verse station about 1,000 feet closer to my house. Yes it is available in more than 1 million michigan homes, just not mine. As I am not willing to mount a dish to my roof I have no other cable TV options. Which explains why there is no need for Comcast to bind me to a long-term contract.

I dream that someday I will pause my dvr while watching Mythbusters, go upstairs to watch, and on the stairs I will stop to check the weather on my iphone. Until that day I will fall asleep watching downstairs, only to wake up to realize that it was not a nightmare- I am stuck with T-mobile. Stuck with one more year of texted tigers score updates, flight departure times, and the weekend weather forecast. Which thankfully is also available today.

And now a tasty sandwhich

2009-06-06T06:31:00.001-07:00

Mmmm... Cheese Steak.

What to Eat...

2009-06-06T06:00:00.001-07:00

I'm a big Michael Pollan Fan. His books (Omnivore's Dilemma, Botany of Desire) incorporate an historical look at food, plant life, and policy. After reading Omnivore's Dilemma, I didn't eat red meat for almost two years. I still try to avoid it. His most recent book, In Defense of Food: An Eater's Manifesto, provides guidelines for how to eat properly. It also discussed the "Western" diet, and how we are, in effect, poisoning ourselves with processed foods. There may be a bit of editorializing in that last statement. That is the gist! We are working to incorporate as many of these rules into our diet as possible.

In a nutshell, the rules are EAT FOOD, MOSTLY PLANTS, and NOT TOO MUCH. Here is more detail:

EAT FOOD (Food defined)

* Don't eat anything your great grandmother wouldn't recognize as food (and certainly nothing incapable of rotting).

*Avoid food products containing ingredients that are A) unfamiliar, B) Unpronounceable, C) more than five in number or that include D) High fructose corn syrup

*Avoid food products that make health claims

*Shop the peripheries of the supermarket and stay out of the middle

*Get out of the supermarket whenever possible to shake the hand that feeds you at farmer's markets

MOSTLY PLANTS (What to Eat)

*Eat mostly plants, especially leaves (more than seeds), and less than one serving of meat a day (make it a condiment for your vegetables)

*You are what you eat eats too. Thus you want pastured eggs, chicken, beef

*If you have the space, buy a freezer to buy things in-season in bulk, cheaper.

*Eat like an omnivore (greater diversity is better)

*Eat well-grown food from healthy soils. Ideally organic AND local

*Eat wild foods when you can. They have higher levels of omega-3's, tend to be grass fed, and wild fish are great.

*Be the kind of person who takes supplements. Those people are healthy for reasons other than the supplements, so be like that, but save your supplement money.

*Eat more like the french, Italian, Japanese, Indians, or Greeks. If these diets didn't work, they wouldn't be around anymore.

*Regard non-traditional foods with skepticism. Soy isoflavones are bad!

*Don't look for the magic bullet int he traditional diet. There is no X factor that will let us continue our "western" diet.

*Have a glass of wine with dinner (Drink with plants for best result, max 2/day for men)

NOT TOO MUCH (how to eat)

*Pay more, eat less. There is a trade off between quality and quantity. Eat until 80% full. In 1960 we spent 17.5% of our budgets on food, and 5.2% on health. That number is today reversed.

*Eat meals! 1/5th of our eating happens in cars. No late night 4th meals.

*Do all of your eating at a table (a desk is not a table)

*Don't get your fuel from the same place your car does. Nothing healthy at a gas station.

*Try not to eat alone (we are less likely to stuff ourselves with others watching).

Top 5 things I don't want to talk about (anymore)

2009-06-02T07:11:00.000-07:00

5. The Detroit Lions and the Matt Millen Era

4. The Supreme Court Case, BUSH v. GORE

3. Why the Rock and Roll Hall of Fame is in Cleveland instead of Detroit

2. That litigation/medical malpractice is the primary driver of increased health care costs (it's not!)

1. Why I have so many graduate degrees (some things just don't make sense).

Would you rather visit Ohio or Michigan?

2009-06-02T06:49:00.000-07:00

Just before the Red Wings-Penguins game on NBC last Sunday night, this commercial ran touting Ohio as a great place to visit. My analysis after the jump.

I think I understand the tagline and the idea that you need a whole weekend to see Ohio. But why do I need to go if they are willing to come to me? And do I want to spend one day in Dayton and two in Columbus? Here is another Pure Michigan ad and it's an ambitious one. If you are visiting a midwest city on vacation this summer, I don't imagine that Detroit is high on your list. But we have more going on than you might think. I wish this ad also highlighted the Grand Prix on Belle Isle (or even showed the island), the dream cruise of classic cars up Woodward, or even the Jazz fest.

I don't pretend not to be biased. I love Michigan. I still don't understand why the Rock and Roll Hall of Fame is in Cleveland, which is one of the top things not to bring up in my presence. So, would you rather visit Ohio or Michigan?

A New Vision for GM, by Michael Moore?!

2009-06-02T05:40:00.000-07:00

As Michael Moore's career started with his lambasting of GM in the movie Roger & Me, I do not imagine him to be GM's favorite pitchman. Even so, Moore has several excellent ideas for taking GM, and our country's infrastructure, into the 21st century. Which reminds me not to name my real estate company anything that will expire in 129 years.

I happen to agree with almost everything Moore says. As much as I like the idea, an immediate $2/gallon tax on gas would devastate our economy. Such a tax would need to be coupled with enormous incentives to buy hybrid vehicles. I suppose if it's true that these factories can be retooled in a matter of weeks, that might be a viable solution. It certainly would help Michigan and Detroit regain their long-lost status as economic engines.

You can read Moore's full rant here, but here are the best parts:

1. Just as President Roosevelt did after the attack on Pearl Harbor, the President must tell the nation that we are at war and we must immediately convert our auto factories to factories that build mass transit vehicles and alternative energy devices. Within months in Flint in 1942, GM halted all car production and immediately used the assembly lines to build planes, tanks and machine guns....President Obama, now that he has taken control of GM, needs to convert the factories to new and needed uses immediately.
2. Don't put another $30 billion into the coffers of GM to build cars. Instead, use that money to keep the current workforce -- and most of those who have been laid off -- employed so that they can build the new modes of 21st century transportation. Let them start the conversion work now.

3. Announce that we will have bullet trains criss-crossing this country in the next five years. Japan is celebrating the 45th anniversary of its first bullet train this year. Now they have dozens of them. Average speed: 165 mph. Average time a train is late: under 30 seconds. They have had these high speed trains for nearly five decades -- and we don't even have one! The fact that the technology already exists for us to go from New York to L.A. in 17 hours by train, and that we haven't used it, is criminal. Let's hire the unemployed to build the new high speed lines all over the country. Chicago to Detroit in less than two hours. Miami to DC in under 7 hours. Denver to Dallas in five and a half. This can be done and done now.

4. Initiate a program to put light rail mass transit lines in all our large and medium-sized cities. Build those trains in the GM factories. And hire local people everywhere to install and run this system.

5. For people in rural areas not served by the train lines, have the GM plants produce energy efficient clean buses.

6. For the time being, have some factories build hybrid or all-electric cars (and batteries). It will take a few years for people to get used to the new ways to transport ourselves, so if we're going to have automobiles, let's have kinder, gentler ones. We can be building these next month (do not believe anyone who tells you it will take years to retool the factories -- that simply isn't true).

7. Transform some of the empty GM factories to facilities that build windmills, solar panels and other means of alternate forms of energy. We need tens of millions of solar panels right now. And there is an eager and skilled workforce who can build them.
8. Provide tax incentives for those who travel by hybrid car or bus or train. Also, credits for those who convert their home to alternative energy.

9. To help pay for this, impose a two-dollar tax on every gallon of gasoline. This will get people to switch to more energy saving cars or to use the new rail lines and rail cars the former autoworkers have built for them.

Well, that's a start. Please, please, please don't save GM so that a smaller version of it will simply do nothing more than build Chevys or Cadillacs. This is not a long-term solution. Don't throw bad money into a company whose tailpipe is malfunctioning, causing a strange odor to fill the car... It's a new day and a new century. The President -- and the UAW -- must seize this moment and create a big batch of lemonade from this very sour and sad lemon.

Probert picks Chicago, GQ picks Detroit!

2009-05-26T07:44:00.000-07:00

It is no secret that many Detroiters have Chicago envy. What with Chicago's beautiful lakefront, vibrant urban center, and vast economic opportunities (comparatively), what is not to like? I really think Chicago is great, and I loved my time there. But Detroit is my hometown. So I understand why many Michiganders are unhappy with Bob Probert.

Bob Probert, the longtime NHL enforcer, rattled many Detroit fans last week by dropping the puck at game 3 of the Blackhawks-Redwings game in Chicago. Apparently he's a Blackhawks fan. Yes he played for both teams during his career, and I can understand wanting the hawks to win their first cup since 1961. But why drop the puck while wearing a Blackhawks jersey? Bob is loved in this town, and he grew up in nearby Windsor! Of course what do I expect from the guy who got caught sneaking cocaine into the U.S. in his skivies?

The Probert thing just ignites old hostilities. I have heard "Detroit sucks" chanted in each of Chicago's stadiums. It usually goes beyond that, as many drunk Chicago fans like to talk about our lack of transit, urban deterioration, and sometimes even our poorly made domestic vehicles. It would seem to be a somewhat sophisticated trash talking crowd, but it's not. I've often threatened to sit near cubs fans at Comerica Park during the interleague games and give their fans a hard time. I'm not sure that crowd would see the humor in me yelling "your public transit system sucks!" or "Why don't you develop your waterfront?" or a classic "Chicago sucks!" Actually, I've never heard a Chicago sucks chant in Detroit. We ARE classy. And most Cubs fans aren't from Chicago anyways.

In any case, here is my list of ways in which Detroit is better than Chicago.... (in no particular order)

1. We have better pizza. Seriously, check out the GQ Rankings. We are #3, you are #4.

2. We have better hockey. The Red Wings have won 11 Stanley Cups to Chicago's three. We won in '97, '98, '02, and '08. We also have better baseball (4 world series to 3 for the sox, 2 for the cubs). I don't want to talk about football.

3. Our Greektown is superior. We're #1, you're #2. As ranked by me. Just now.

4. Tourism commercials. I haven't heard any Pure Chicago commercials, but man these Michigan ones are great. Someone at a conference in Boston told me they 're even showing them out there. More specifically, our State is better than your State.

5. Music

Detroit has quite a music history: Bob Seger, Grand Funk Railroad, Ted Nugent, Mitch Ryder & The Detroit Wheels, Alice Cooper, Motown (Aretha, Martha Reeves, Gladys Knight, Smokey Robinson, Stevie Wonder), White Stripes, Madonna, Eminem, and Kid Rock. Most people don't even know about Detroit's Techno scene.

Chicago brought us Chicago, Styx, Kanye West, Urge Overkill, Smashing pumpkins, Wilco, Liz Phair, some outstanding Blues (can't compete there). Not bad, but not Detroit.

Auto Dilemma 2009

2009-04-15T07:01:00.000-07:00

Yesterday the Insurance Institute for Highway Safety (IIHS) released a report with a troubling conclusion: My Honda Fit may not be safe in head-on collisions. And when I say 'may' I mean likely is not safe at all.

To some degree, this was already known. If my fit hits an SUV, I'm clearly not getting the better end of that deal. This report demonstrates that it really isn't just SUVs that I need to be thinking about. For instance, in a 40 mph collision with a Honda Accord, the fit dummy driver sustained injuries indicating a "high risk of leg injury in a real-world crash of similar severity." The report continues....

"In addition, the dummy's head struck the steering wheel through the airbag. Intrusion into the Fit's occupant compartment was extensive. Overall, this minicar's rating is poor in the front-to-front crash, despite its good crashworthiness rating based on the Institute's frontal offset test into a deformable barrier."

So if I can avoid a car, but head for a wall, that's the best bet.

Here are the numbers from the IIHS Study:

"The death rate per million 1-3-year-old minis in single-vehicle crashes during 2007 was 35 compared with 11 per million for very large cars. Even in midsize cars, the death rate in single-vehicle crashes was 17 percent lower than in minicars."

17 percent lower translates into a death rate per million of 29. Let's put this in perspective. The death rate % per million crashes is .0035% for my car. It is .0011 for 'very large cars.' and for midsize cars it is .0029%. So 6 people driving cars like mine could have walked away in 2007 if they drove a midsize car.

This is concerning to Debbie as I drive 100+ miles two to three times a week to Lansing. So what should I do?

I really like this car, and had hoped to drive it for the next 7+ years. I paid it off last year, and it gets decent gas mileage (32 combined). It's a 2007 and has about 20,000 miles on it. I like driving a manual, and I really like the hatch back. I added a bluetooth phone system and a moonroof. I estimate that I can sell this car for somewhere between $13,500 and $14,500.

So this seems to be my decision tree...

1- Man up and drive the car. Those rates are meaningless. If I'm betting, it's going to be an escalade owner on a cell phone stuffing a sandwhich in his face, not a Honda Accord owner listening to classical jazz and wondering why Ann Arbor hasn't passed a smoking ban (They should).

2- Take this as an opportunity to upsize in an ideal car buyers market.

If I go with #2, what do I do then? I've already documented my guilt or lack thereof over not buying american.

Here are options I can go with under #2....

A: A 2009 Toyota Prius. Incidentally, anyone notice that ATOYOTA is a palindromic word play (spelled the same forward and backwards)? Me neither. The car's big advantages: High resale, hatchback, midsize car, gas mileage of 46.

When the new 2010 Toyota Prius arrives, there is rampant speculation (about the Japan and US Market) that the price on the 2009 Prius (now piling up on lots) will be cut to compete with the Honda Insight. If they were to drop the price $2000, I could conceivably get one with blue tooth, nav system for around $24,000.

B: 2009 Chevy Malibu Hybrid, similarly loaded for $25,650. Cons: only 29 mpg and no hatchback. Pros: driving american, and it looks good.

C: I could also snap up a used 2007 prius with comparable miles to mine for about $17k when the new ones roll off the line.

Why not a 2010 Honda Insight? It's a compact. So is the 2009 Honda Civic Hybrid. The Ford Fusion Hybrid is priced at around $31k, which is too much.

This is what I get from watching the news. What do you think?

I think I might need to get a boat...

2009-04-04T08:47:00.000-07:00

Mediator-in-Chief?

2009-04-03T06:12:00.000-07:00

An article in Today's LA Times describes Obama as a mediator who aided in the crafting of G-20 agreements. As Christi Parsons describes:

"Debate wore on for an hour as the French and Chinese leaders disagreed over a small detail about how to crack down on tax havens. Then President Obama pushed back his chair and walked around the table, inviting first France's Nicolas Sarkozy and then China's Hu Jintao into a corner for a series of chats. The three ended up shaking hands. Soon after, the meeting gaveled to a close."

Later, Obama talked to reporters about working cooperatively with other countries, "forging a consenus instead of dictating our terms."

Mediation is a keystone leadership skill. Listening so that people feel heard, and working to forge consensus is something that people respond to... I tend to think that Obama is more of an interests-based negotiator in chief, mainly because he clearly has American interests at the heart of his efforts. Mediators must remain neutral. Either way, what a difference from W!

NY TIMES Op-Ed Misses the Mark on Rethinking the Legal Profession

2009-04-03T05:32:00.000-07:00

It is no secret that the legal profession is hurting, like many others. I know lawyers who need to move to new cities and are now unable to find jobs. These are not new lawyers, but those with top law degrees and years of practice! Many of my fellow law students, like myself, had to really scrap to get our first jobs, and we certainly are not making the money people assume that all new lawyers earn.

Students at Michigan State are very much aware of the bad economy and their high student loan debt. I know very few Michigan State Law students able to stay in Michigan (which is a severe economic development problem that needs to be addressed).

The simple fact is that legal education provides students with the framework and the theoretical skills to be a competent attorney. The LSAT is not related to success as a lawyer, but loosely related to success in law school. Law school success is not determinative of success as a lawyer.
The old saying goes that the A law students become law professors, the B law students become Judges, and the C law students become rich.

As a result, the practicing bar has absolutely no problem with the droves of lawyers being pushed into the market. You can imagine that at some point the poor legal job market will depress salaries to the point that law school applicants will either not apply, choose schools where they can gain practical skills, or simply go to the cheapest law schools.

In response, law schools might dramatically increase skills training. Should law students become an economic threat to practitioners (i.e. lowering legal costs by increasing the capable supply of attorneys), I foresee a backlash from the bar. They would either 1) severely restrict law schools from admitting students, 2) force certain law schools to close, or 3) increase the difficulty in passing state bar licensing exams.

In the next ten years, baby boomers in droves will be retiring, and so I think the status quo of sorts is sustainable for the immediate future. Cohen's op-ed suggests that we need to rethink the legal profession, but he misses the mark by not adequately explaining why. Lawyers are severely disliked in this country by the business community and others, who generally incorrectly blames litigation costs for suppressing economic opportunity.

We need to create a new generation of attorneys as problem solvers who can utilize both litigation and dispute resolution techniques. Skills building to arm new graduates is important and necessary. Not to create a fission in the legal profession, but to engender goodwill amongst the public and create new sectors and industries in which lawyers can be useful.

I believe that mediation and other conflict resolution skills are the foundation of good legal practice. The techniques I use when meeting privately with a party-- posing hypotheticals, gathering information, identifying interests, facilitating the problem solving process -- are the very skills an attorney needs to use when counseling clients. There is one important distinction: I do not provide legal advice when mediating. But the best lawyers are excellent listeners and they help parties decide, with counsel, which options are best pursued.

The worst among us always receive the most press, but lawyers are the backbone of our society, protecting rights and creating economic opportunities. With this downturn, it is time to rethink legal education as a means of altering society's view of the contributions of attorneys.

------------------------------------------------------------------------------------------------------------------
WITH THE DOWNTURN, IT'S TIME TO RETHINK THE LEGAL PROFESSION

By ADAM COHEN

Published: New York Times, April 1, 2009

The economic downturn is hitting the legal world hard. American Lawyer is calling it “the fire this time” and warning that big firms may be hurtling toward “a paradigm-shifting, blood-in-the-suites” future. The Law Shucks blog has a “layoff tracker,” and it is grim reading. Top firms are rapidly thinning their ranks, and several — including Heller Ehrman, a venerable 500-plus-lawyer firm founded in 1890 — have closed.

The employment pains of the legal elite may not elicit a lot of sympathy in the broader context of the recession, but a lot of hard-working lawyers have been blindsided, including young associates who are suddenly finding themselves with six-figure student-loan debts and no source of income.

Leading firms have historically avoided mass layoffs, concerned that their reputations would take a hit. But some have been putting those inhibitions aside, perhaps calculating that the stigma of pushing out their colleagues has faded. Law firm managers and bar associations should be looking for more creative ways to deal with the hard times — like reducing pay for both partners and associates to save jobs, as a few firms have begun doing.

The silver lining, if there is one, is that the legal world may be inspired to draw blueprints for the 21st century.

The changes are likely to begin with compensation. Years ago, law firm starting salaries were not that different from government or public-interest jobs. But the gap has become a chasm. First-year salaries at top firms are around $160,000, compared with $48,000 to start for state and local prosecutors and $40,000 for legal-services lawyers. New associates often earn more than the judges they appear before.

The downturn will probably rein in salaries at the high end. Top firms are already under pressure to lower the $160,000 starting salary; one industry-watcher says it could fall as low as $100,000. And fewer firms will feel the need to pay the top salary.

Lower pay should mean that associates will not need to work the grueling hours many have been forced to. And it will mean less pressure to go into private practice for law graduates who would rather do something else.

Clients are also likely to benefit — and consumers, since legal fees are built into the cost of almost everything. Even before the downturn, big-firm clients, led by the Association of Corporate Counsel, were pushing to phase out the billable hour — which can go as high as $1,000. Tight corporate budgets will give clients more leverage to push to pay by the project or for successful outcomes.

For years, law school tuition rose along with big-firm salaries. Between 1990 and 2003, the cost of private law schools rose at nearly three times the rate of consumer prices. The average graduate now leaves with more than $80,000 in debt. In one survey, 66 percent of students said debt prevented them from considering government or public-interest jobs.

If the downturn is prolonged, law schools will need to keep tuition and other costs in check so students do not graduate with unmanageable debt. More schools may follow the lead of Northwestern, the first top-tier law school to offer a two-year program.

Law schools may also become more serious about curriculum reform. The Carnegie Foundation for the Advancement of Teaching released an influential report that, among other things, urged law schools to make better use of the sometimes-aimless second and third years. If law jobs are scarce, there will be more pressure on schools to make the changes Carnegie suggested, including more focus on practical skills.

They may also need to pay more attention to preparing students for nonlegal careers. Law graduates have always ended up in business, government, journalism and other fields. Law schools could do more to build these subjects into their coursework.

The past few decades of prosperity made a lot of lawyers wealthy, but they were not always good for the profession. Law school deans, bar association leaders and firm managers should follow Rahm Emanuel’s advice about never allowing a crisis to go to waste and start planning for what comes next.

Doctors and Lawyers

2009-04-02T13:03:00.001-07:00

As we all know, doctors and lawyers do not always get along. I'm hosting a Dispute Resolution in Healthcare Roundtable at Michigan State in two weeks, and came across another entertaining quote from famous trial attorney Joe Jamail in the March 2009 ABA Journal. Jamail was in a TV debate over tort reform with a doctor, and the doctor slammed lawyers as a drain on society. Jamail responded:

"I would like to remind the doctor that while his professional ancestors were putting leeches on George Washington to bleed him, my ancestors were writing the Declaration of Independence and the United States Constitution. "

Sha-bam!

Too Big to Fail!!!

2009-04-02T11:52:00.000-07:00

Please contact me if you are interested in partnering on a t-shirt business or would like permission to use my t-shirt idea:

For further information on "Too Big to Fail" please click here

Good day to you.

Another view of the lawyer as peacemaker...

2009-04-01T09:27:00.000-07:00

"They've invented this new term, litigator: What the fuck is a litigator? I'm a trial lawyer. I try cases. There are some lawyers who do nothing but this mediation bullshit. Do you know what the root of mediation is? Mediocrity!"

Famous Trial Lawyer Joe Jamail, as quoted in the ABA Journal, March 2009, page 32.

Lincoln on the role of lawyers as peacemakers

2009-03-29T07:43:00.000-07:00

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. Never... stir up litigation. A worse man can scarcely be found than one who does this."

*Advice for new and would-be lawyers written by Lincoln in the late 1850's

Letterman is great

2009-02-13T12:50:00.000-08:00

I was once a huge letterman watcher, and lately not so much... but he is very sharp in his interviews, including this one with impeached former Illinois Governor Rod Blagojevich. Parts 2, 3, and 4 are quite good as well.

Ann Arbor is #1

2009-02-13T11:12:00.000-08:00

According to Forbes, my beloved Ann Arbor is the greatest Top College Sports town. Here is an exerpt...

The University of Michigan is most famous for its football team, the Wolverines, who play in the packed confines of the Big House, a stadium that holds 106,201 fans. Of course, with the way the Wolverines played this past season (their record was 3-9), it's surprising that many people flocked to the stadium every Saturday.

Loyalty might explain it, though maybe it's just fans' motivation to visit Ann Arbor before and after the football game. Who can blame them? The small city of 114,000 boasts top-flight restaurants and bars, a symphony and ballet, as well as museums and concert halls hosting national-level entertainment.

And what full-time residents also know: Ann Arbor has great public schools, low crime and affordable housing. Not surprisingly, it all adds up to the highest rank on our list of best college towns.

Hmm, not so sure about that affordable housing part. Maybe compared to Palo Alto? It didn't seem like sports was even the deciding factor. They probably should have called this list the best college towns.

I'd like to thank forbes, and also give a shout out to all the Columbia tigers (#8), Lawrence Jayhawks (not ranked) , Madison Badgers (#3), East Lansing Spartans (not ranked), THE columbus buckeyes (not ranked), Bloomington hoosiers (#10) and wherever Kansas State is located. We were 3-9 last year, lost to a MAC team, are located in Michigan near the economically downtrodden city of Detroit, and we're the best college sports town!? Suck on it.... you bet we are!

A Weather Advisory

2009-02-06T06:49:00.000-08:00

There are many, many great things about Kansas City. Let's see, there's BBQ, a cool museum dedicated to a riverboat, and...Weather!

Today, the weather in Kansas City will be a sunny 68 degrees!

and in Detroit... 31 degrees, which if any of you know is very warm compared to the teens and single digit highs we've been enjoying. Maybe this is why we have a hockey team.

Michigan is experiencing the snowiest winter EVER, well at least since record keeping began in 1880. This new record just happens to coincide with our first winter in Michigan. As you can see, winter is getting a little old....

But, it is unusually sunny today and the snowblower works

Miss the Miller 1 second superbowl commercial?

2009-02-02T12:52:00.000-08:00

Here it is, courtesy of my december trip to Sanibel Island.

Home Renovation 2008: The Kitchen

2009-02-02T12:31:00.001-08:00

After living in a bedroom and a bathroom for five months, surrounded by boxes, using a crock pot and a microwave as a kitchen, we were very relieved when 2008 ended, and the renovation was complete. Here are the before and after kitchen photos!

BEFORE- these "realtor" shots made the kitchen look a lot bigger than it was!

AFTER

BEFORE

AFTER

BEFORE- this dining room was 9 feet wide

AFTER- we tore down the wall. And my next project is to refinish the chairs that go with the table.

Ikea will miss me.

Eventually I will get other pictures together, we did a lot of work on the house.

What I did this summer... Part V

2008-12-08T19:58:00.001-08:00

... I got a job!

Well, more to the point I embarked on my career. I've had many, many jobs over my life... from insurance salesman to marketing assistant to bookstore clerk to swimming instructor to research assistant to economic development intern to law clerk to financial analyst to policy intern. I've worked at Whirlpool, Northwestern Mutual, Barnes & Noble (at Lake Michigan College), Bren Mawr Pool, Cornerstone Alliance, The Enterprise Group, Washtenaw County Government, and many different legal outfits (Wayne County Prosecutor, Jaffe, Loevy). When I interview, I usually get a chuckle when I say that it looks like I can't hold a job.

But now I am employed, and of all places, at Michigan State University's College of Law.

I am the Associate Director of the Alternative Dispute Resolution Program. What is ADR? It's anything but trial: negotiation, mediation, and arbitration. While I am a lawyer, my specialty is mediation, and so I conduct mediation trainings for MSU, coach their competition teams (arbitration, mediation, and negotiation), and oversee program activities (tailgates, speakers, etc...). Yes it is a drive going up to MSU, but I have a flexible schedule (i.e. work wherever you want, but do it all the time). Actually I love what I'm doing, and my boss is a very forward thinking professor at MSU.

We've had a bit of success recently as our arbitration competition team advanced to the national finals in January in San Antonio, Texas.

Now- flash back to my law school graduation, quite a while ago... Seth gave me a blue box with instructions not to open it until I had a job with a desk.

I found that box a few weeks ago, and brought it to work.

My best guess was that this was a puzzle of some kind. Or a desk organizer. Or a blow up doll. But it turned out to be a complete set of...

Crayons!! And the surprise inside was silly putty. Everything I need to do my job well. Thanks Sethery.

The Ability to Laugh at Oneself

2008-12-05T09:51:00.001-08:00

I think it is a critical skill in life, and when I mediate I often "play dumb" in order to ask pertinent questions or generate additional discussion. It actually comes quite naturally. In any case, I thoroughly enjoyed this...enough to post me some fox news. The rap itself starts 50 seconds in.

Nowhere close to the top 100, but Michigandering is on the web!

2008-12-05T09:25:00.001-08:00

On November 20th this blog was featured on the World Directory of ADR Blogs. While by no means does my listing mean much, I am none the less flattered to be on such a useful site. Diane Levin runs the directory and also has her own blog, Mediation Channel, which is one of the very best. I had the good fortune to meet Diane at an Online Mediation Training at the University of Massachusetts-Boston in June of 2007. I was frankly surprised that her blog was not featured in this months ABA Journal of the Top 100 blogs. I would place it in the top 10...

Online Dispute Resolution (ODR)

2008-12-05T08:58:00.000-08:00

My article, ONLINE COURT: Online Dispute Resolution and the Future of Small Claims, was featured Friday, November 21st on the ODR.info news blog. The original article, once edited, will be published in the UCLA Journal of Law & Technology. It can be found here. I am in the process of creating an ODR course conducted mainly online. The picture (right) was utilized at the University of Toledo's ODR Symposium in 2006.

And now a tribute to Tom Brady

2008-12-02T15:43:00.000-08:00

The other day I happened to read this schlock about Matt Cassel morphing into two time Super Bowl MVP and Michigan quarterback Tom Brady. Cassel is starting for the first time in his career and is doing a fine job. But he's no Tom Brady. Tom is still trying to recover from a serious knee injury, and I'm sure watching Michigan's football season go down the crapper didn't help any. Keep your chin up Tommy!

What I did this summer... Part IV

2008-12-01T09:14:00.000-08:00

...I completed my formal education!

Finally. My grandfather has been calling me a career student for about a decade now... And it's true, I've been collecting degrees. After my bachelors there was the Masters of Public Policy at Michigan, and then the law degree at Wayne State. This May I finished a Master of Laws (LL.M.) degree in Dispute Resolution at the University of Missouri. Strangely enough, you get a Master of Laws degree after your Juris Doctor as it is a specialist's law degree.

Of all my degrees, this was the most interesting. First, because I love the topic, and second, because it involved a lot of travel. I flew each Monday from Chicago (or Detroit) to St. Louis, where I would rent a car and drive two hours to Columbia, Missouri. After a few hours of class, I then drove back to St. Louis to take a late flight home. Those were some long days! During this time I completed a Dispute Resolution fellowship at Michigan State's Law school, staying in East Lansing during the week, flying to class on monday, and spending the weekends in Chicago. So I was very happy to graduate!

My sisters and my parents joined Debbie and I in Kansas City for the weekend, and Deb's parents joined us in Columbia for the big event.

One thing of note: the people of Kansas and Missouri don't really like each other, despite sharing the Kansas City metro area. In fact you can buy T-shirts in Lawrence, Kansas that read "Missouri: where the men are lonely and the sheep are nervous." Debbie's family are all hard core Jayhawk fans, and so me going to Mizzou was like Debbie deciding to go to Ohio State. I didn't really understand the rivalry until it was too late, and Missouri has a top program in Dispute Resolution. For the record, I'm a Jayhawk fan!

Sam Roberts: Detroit '67

2008-11-22T16:51:00.001-08:00

I'm not usually one to review music, but I really like this new Sam Roberts song. I also really like the video, which looks at Detroit now and in 1967, the year of the Detroit Rebellion. While there were racial elements, it really was not a race riot. That occurred in 1942...

I especially like the bar scenes as it portrays what I've seen (having been in bars across the metro area in which people talk about Detroit), with discussion of what Detroit was, what it is... Not negatively (although that does happen), but in a "can someone tell what it felt like" kind of way. I can relate to that.

Full Disclosure: I own a Honda Fit

2008-11-20T05:14:00.001-08:00

I admit it, I drive a Honda. I didn't always... my first car was a metallic blue 1991 Chevy Cavalier. Trusty car, lasted until my 1999 Mercury Cougar. That was not such a great car. And whenever I saw another Cougar on the street, a black lady was driving.

In 2007 I faced a very difficult decision. On one hand, I had always driven cars that happened to also be assembled in Michigan. But I lived in Chicago, and wanted something small, fuel efficient, yet with ample cargo space. I looked at the Chevy Aveo, but it just wasn't enough... In terms of cargo space, and in terms of quality. That car is essentially a Korean made Daewoo. Enter the Honda Fit. It's peppy, 34 miles to the gallon, and I can haul 15 bags of mulch and a wheel barrow inside. No kidding. In some ways it is a mini mini van. I really like it, and the 2009 (pictured above) is sharp. I hope the Fit will be viewed as a gas guzzler by the time I sell mine (which is silver). I want my next car to be American made. But the Big Three need to make a quality small car in order for them to get my business.

In one sense my little fit is an homage to my Grandpa Dean. He bough a tiny silver Honda Civic back in 1981 that he drove well into the 90's. Today the Civics are so much bigger and my Fit is actually bigger than my Grandpa's car. So, in the interest of full disclosure, I support an Auto Bailout, and I drive a Honda.

My Auto Bailout Top 5

2008-11-20T04:56:00.000-08:00

Here are my top five reasons why the Auto Industry should receive a $25 billion Bailout

1. Job loss projections range from 200,000 up to 2 million jobs, and our manufacturing sector would be devestated

2. The Auto industry's hands are no more dirty than those in the financial industry.

3. If this were the Oil Industry, don't you think Bush would pick up the phone and instruct Secretary Paulson to "do the right thing"?

4. With large union contracts and bloated healthcare expenditure, GM and Ford are surviving. American cars are now nearly equal in initial quality, and there are a large number of hybrids

5. Bailout money can be an incentive for these auto companies to further increase fuel economy, develop smaller cars, and retake market share. Oh, and the Michigan unemployment rate is already over 9%...

AND THE FIVE REASONS NOT TO BAIL OUT THE BIG THREE....

5. The credit crisis cuts across sectors. Which industry is next at the trough?

4. Through the orgy of SUV sales, Detroit overlooked an opportunity to invest in the future. What makes anyone think that management can suddenly manage?

3. $25 Billion seems to be the starting point, not the ending point. Once this train starts moving, how do we stop it?

2. Manufacturing in the U.S. is a thing of the past, and we should invest our dollars elsewhere to stimulate growth areas.

1. The election is over, and the politics of this lame duck session are not on Detroit's side. If only the Presidential race in Michigan had been closer, perhaps there might have been a pre-election bailout package.

While I see both sides, I selfishly want what is best for Metro Detroit and Michigan.

What I did this summer... Part III

2008-11-13T08:47:00.001-08:00

Debbie and I went to Springfield to get to know Abe Lincoln. I've always been a big Abe fan, and I was not disappointed.

The newly renovated museum is impressive.

There are statutes of Abe everywhere, including this spot between his law office and the old state capital.

We saw the train depot where he departed for DC, took a haunted Springfield tour, and visited his gravesite. Abe's house was my favorite. They have a very Williamsburg-like street with historic homes blocked off from traffic.

The Lincoln family room.

New Salem is where Abe spent his early days as a shopkeeper. Northwest of Springfield, the WPA rebuilt the town with help from residents to be a replica of 1830's frontier life. Volunteers act as blacksmiths, farmers, and the like. This was a highlight of the trip.

And of course nothing reminds you that you're in a rural area like a tractor parade! It went on for miles, and I have no idea where they were going.

A clever owner. Opting for the convertible was a good way to avoid the stars & bars dilemma.

Deeeetroit Basketball!!!

2008-10-30T11:21:00.000-07:00

Last night was the Pistons' opener at the Palace. Apparently, Sheed took the mic at center court before the tip and thanked the fans for coming out in tough economic times. Six Eastern Conference Finals in a row is an incredible feat, and I'm looking forward another great season.

Rugby is a rough sport

2008-10-28T08:11:00.000-07:00

Last month I watched the Western Michigan Broncos take on Bowling Green. My sister (Dana, #10) is a captain.

What I did this summer... Part II

2008-10-24T08:23:00.000-07:00

Debbie and I honeymooned in Hawaii!

We stayed in Ka'anapali on Maui but also spent a day in Honolulu.

A lot of the time we were on the beach, but we managed to stay pretty busy. We snorkeled at Black Rock, hiked through a rain forest, enjoyed a luau, visited the U.S.S. Arizona, watched the sun rise over Haleakala, biked down a volcano, and toured the Royal Palace. My favorite thing was my surfing lesson. It wasn't hard at all to stand on the board (although doing anything once standing isn't easy), and I loved it.

The view from our room, and flowers my family sent for my 30th birthday

Debbie and I in front of one of many waterfalls we saw on our hike. At one point, I jumped off the top of one into a pool of water below.

The Luau had native Hawaiian food, a pig roast, and plenty of hula dancers.

The sun rising over the Haleakala crater, a volcano and the highest point on Maui.

The view of west Maui on the long bike ride down the volcano.

The USS Arizona Memorial. One of my favorite things we did on the trip.

Debbie, wondering why she married someone from Michigan.

Remembering a Great Guy...

2008-10-15T12:16:00.000-07:00

This week my family lost a really special guy. Markus Klein (above left) stood over 6"7, and had the biggest heart. Mark was my dad's first cousin, and one of his best friends. While I don't remember, I've been told that Mark babysat for me when I was a baby in Ann Arbor, but only once. My parents returned to find Mark outside gathering his thoughts because I wouldn't stop crying. I first remember Mark picking me up as a young kid to touch the beams in the ceiling of the family room of our house. He always took the time to talk to me, and my family really loved him.

As I grew older I learned that Mark and I had a lot in common. We both were resident advisers in college, both sold insurance as College Agents for Northwestern Mutual, and we were both interested in sports and politics. Mark actually ran against Colleen Engler for a State Rep seat up in Mt. Pleasant, and I'm told he only lost when Engler distorted Mark's record to make him seem in favor of late term abortions. Mark would have been a great legislator, but he proved to be a better businessman.

One thing I'll never forget is that Mark always encouraged me to go into politics (as did his parents and my Uncle Paul). I remember him telling me that if I ran for office, the whole family would get involved in the campaign. As a high school kid, having someone like Mark believe in you really means a lot, and it meant a lot to me.

Mark was very generous in other ways, too. When I visited Justin in New York, he took us to Little Italy to his favorite place. It was like eating with the Godfather- everyone knew him, and he did all the ordering. They just kept bringing more and more food. We finished a Magnum-sized bottle of wine and after dessert, Mark shuttled us into a cab. He was great at taking care of people, and I'll never forget his generosity.

My dad grew up with Mark, and they went to a lot of sporting events together. They went to the NBA draft, to a Dodgers game in L.A. to see the Yankees in New York, and he took my dad and I to a Lions game a few years ago. Even though he lived in Florida and New York, Mark was a loyal Detroit Lions season ticket holder. An Eastern Alum, he was also always loyal to the Hurons. When my dad taught a class at Eastern in the 70's, Mark took the class. During a break, Mark asked the student next to him (loudly enough to be heard by my dad) if he thought the professor had a big nose! When my dad was a finalist for their presidencey, he would joke with Mark about getting him some good tickets for Eagles games.

Mark really did have a great sense of humor. I remember Mark watching a Pistons game with us a long time ago, and him giving my dad a hard time. Jerry Stackhouse was having a good night, and my dad kept commenting on it. He said things like "He's hot," and "I really like him." Mark used a teenage whiny voice to say those lines, giving my dad a hard time. I remember us laughing pretty hard. My dad always liked to bring up one specific Yankees game where Mark caught a ball hit into the stands. According to my dad, Mark pushed a young kid out of the way to get to the ball. We all knew Mark would never do such a thing.

Mark cared so much about family, and there wasn't anything he wouldn't do for his kids, his neices and nephews, and us. When in Michigan he would often visit my grandparents, and would always bring a good bottle of scotch to share with his Uncle Charlie. I'm so happy that I went to his wedding to Shuzuko only a few shorts years ago. She is not much over 5''0 and they made an interesting pair. We were so happy that he was happy, and we had a great time. The weekend of my wedding we lost Mark's dad (my Uncle Bob), who had been in failing health. This week, at the age of 49, we unexpectedly lost Mark. I'll miss him joking with my dad, I'll miss talking politics and sports with him, and I'll miss that big laugh of his. I'll never forget him.

Believe in Pride?!

2008-10-06T05:00:00.000-07:00

$60 for tickets. $10 for parking. $18.50 for popcorn and lunch. Seeing the Lions game on sunday? A priceless lesson: The NFL is not doing well in Detroit.

It really seemed like a good deal at the time. $30 per ticket, upper level to see the Lions take on the Bears. Millen is gone, the Bears' secondary is banged up, maybe it will be a good game. Could things get worse? Oh yeah. First of all, the stadium was probably 30-35% filled with Bears fans. Second, there were a lot of empty seats for a "sold out" game. Third, those Lions fans who did show up were less than enthusiastic to be there. I wonder if many of the fans, like me, were basically given the seats.

This was Debbie's first Lions game, and I've seen more excitement at High School games. During the introductions, they kept flashing "Believe in Pride" on the Ford Field Jumbotron. Almost to say, "We don't have pride, but maybe you can believe in the idea that we could someday have pride." I sat there wondering where I needed to go to get an "NFL" experience. I honestly don't remember any pro game having the same enthusiasm and excitement as a good college game.

Green Bay? Pittsburgh? Dallas? I suppose if I can't get the NFL experience there, maybe the NFL just isn't for me. Now in fairness, I do live in the siberia of the NFL. The one place where bad quarterbacks come to feast. Have you seen the QB Passing ratings of our oponents?

49ers QB JT O'Sullivan in his other 5 games has an average QB rating of 75.5. Against the Lions? 123.3!

Falcons QB Matt Ryan in 4 games, average rating: 76.28. Against the Lions? 137!

Packers QB Aaron Rodgers in 4 games averages a QB rating of 90.23. Against the Lions? 117!

And Kyle Orton? 78.45 in four games, but against Detroit yesterday? 121.4!

Let's put this in perspective. Brett Farve leads the league with a QB rating of 110. We make average quarterbacks look better than Brett Farve.

And I know why... we've been drafting position players high in the draft for way too long. Millen might be gone, but his creation is here to stay. We lack muscle on the D line, skill and experience in the secondary, and our offensive line is second rate. I've never been in a stadium where the fans boo after every offensive and many defensive series. The loudest ovation of the day came when Dan Orlovsky replaced Kitna at QB. I was very tempted to start a "Fire Ford" chant yesterday, but the drunk girl down the row had already yakked on herself at that point, and watching her two friends take turns sitting with her hunched over while the other made beer runs was much more entertaining.

And today I find out that the Detroit Shock won the WNBA title yesterday at EMU's Convocation Center in Ypsilanti. A quick craigslist search tells me that I could've had lower bowl seats for $20 each, and I could have seen a great game.

Well Detroit, we've had a good few years. The Tigers' resurgence, the Wings win the cup, continued Michigan success, and a Pistons team deep into the playoffs every year...all distracting me from the Lions. But now the Wings play Columbus and Nashville every three games, the Tigers fall to last with a first place payroll, and Michigan is human afterall. So I salute you, drunk lions girl down the row, for trying to keep the good times rolling. After watching the Bears/Illini outscore my Lions/Wolverines 79-27 over the weekend, this morning I feel your pain.

Sarah Silverman is inappropriately funny

2008-10-03T12:53:00.000-07:00

...and I love it! Enjoy.

And now... one handsome cat

2008-10-01T10:04:00.001-07:00

Alex lives with my mom and enjoys cheering on the Michigan Wolverines

The Maverick is Dead

2008-10-01T09:04:00.000-07:00

Yesterday's New York Times column by David Brooks, "Thinking About McCain," sums up my view of McCain. Brooks states:

"...McCain has never really resolved the contradiciton between the Barry Goldwater and Teddy Roosevelt sides of his worldview. One day he's a small-government Western conservative; the next he's a Bull Moose Progressive. The two don't add up..."

I agree. I'm a big fan of Teddy Roosevelt's politics as a trust busting reformer. Many people tell me that McCain is a maverick and a Roosevelt Republican who will go against his own party to move America forward. They like to say that McCain only seems conservative now because he has to appeal to his Republican base: the socially and economically conservative right wing of the party.

As much as I respect John McCain for fighting pork-laden bills, confronting Russian hegemony, and championing the center in the U.S. Senate, his continued support for the Iraq war is troubling and his choice of Palin as his running mate is unacceptable.

Let's ignore McCain's life expectency of 8.4 years as Palin is unacceptable regardless of who is the president. In a joint interview with McCain, Palin was asked by Katie Couric to explain why her view on Pakistan (launch cross border attacks into Pakistan to stop terrorists) is so markedly different from McCain's (don't announce attacks or intentions). In the video, Palin and McCain suggest that they were tricked by "gotcha" journalism. That excuse won't work- this was a voter who shouted a question, not a journalist. Palin is uninformed and unprepared.

Do I think a McCain administration would be a terrible thing? No, I happen to think that he is more of a maverick than he is portraying himself to be in order get conservative votes. But the first major decision of any major party nominee is to select a competent vice-presidential running mate. I was thrilled that McCain chose a female running mate and it is his right to find someone as conservative as he deems necessary or appropriate. Elizabeth Dole, the Republican Senator from North Carolina, would have been fine. The key is competence.

Palin is unprepared, uninformed, and ill equipped to be the President should that become necessary. Period. That McCain went to such legnths to appeal to his conservative base is disappointing. I view the Arizona senator as the most acceptable Republican candidate of the last 30 years. I don't buy the argument that McCain's hands were tied-- the right wing of the party was NEVER going to vote for Obama. Had he selected a moderate as his running mate, the republican ticket would be much more appealing.

As a Clinton Democrat through much of my twenties, I viewed (and still see) senate republicans as falling into one of two camps. The first I will describe as moderates, because they are... people like John McCain, Bill Cohen, George Voinovich, and Chuck Hagel. The second group I now refer to as "wide stance" republicans, due to their self-righteousness and inflexibility. Notable WSRs include Rick Santorum, Bill Frist, Saxby Chambliss, and of course Larry Craig.

With his pick of Sarah Palin, McCain signaled the WSRs that he was their guy. And he signaled independents too: the maverick is dead.

Another great comeback!

2008-09-29T05:09:00.000-07:00

I've seen a lot of great football games at Michigan Stadium, and Saturday's comeback win against Wisconsin is one of the very best.

I remember the previous greatest home comeback in school history. I was a high school senior in 1995, when Michigan came back from being down 17 to score 18 straight and give Lloyd Carr his first win as head coach. On the final play QB Scott Dreisbach found Mercury Hayes with a 15 -yard TD pass for the win. I remember it being such a hot day, and a lot of people cleared out at the half.

Saturday's game was an even bigger win. First, no one expected us to beat top ten Wisconsin. At 1-2 we just wanted to see some improvement and maybe a close game. Second, with a new coach and a new offensive system, it was unclear how long it would take for us to compete in Big Ten play. Third, the first half was probably the worst offensive display I've ever seen from a Michigan football team. The defense deserves the game ball for keeping us in the game. At 19-0, I noticed a lot of fans leaving at the half and also in the third quarter. After what we witnessed in the first half, most of the stadium probably needed a cold one. But what we learned again on Saturday is that you really can't count Michigan out of any game. I will remember Threet running down the field on a keeper for a long, long time.

Michigan still has a ways to go to reassert itself as the best in the Big Ten. But yesterday was an enormous first step, and suddenly we are 1-0 in conference play. Go Blue!

In his wildest dreams...

2008-09-29T04:53:00.000-07:00

On September 18th my uncle, Ed Pappas, was inaugerated as the 2008-2009 President of the State Bar of Michigan. It turned out to be quite an event, with cardboard cutouts of him as Superman and Indiana Jones appearing all over the conference (he actually is a very good ping pong player).

There was even a short video in which Ed interviewed various judges. At one point Ed turns to my Aunt Laurie and asks, "Laurie, in your wildest dreams did you ever think that one day I would be the President of the State Bar?" Laurie's response was priceless: "Ed, what makes you think you're even in my wildest dreams?!"

It was a great day, and Ed will serve the State Bar well...

Philippe and Philippa

2008-09-24T20:44:00.001-07:00

For you dedicated readers that have stuck by me for this grueling first 24 hours, many of you (both of you?) may be wondering if Philippe and Philippa are two different people or one person. They are actually two people, and I generally spell their names correctly. I hope this helps you understand the difference.

Philippe is Italian and French
Philippa is British

Philippe lives in Northern Virginia,
Philippa lives in Cambridge, Mass

Philippe and I went to law school at Wayne State
Philippa is the reason I got a B on that Burton Tower architecture paper my freshmen year at Michigan.

Philippe rocks at Guitar Hero
Philippa's boyfriend Jason actually rocks as the drummer in a band.

Philippe thinks I'm a bit off kilter
Philippa agrees with Philippe

This is Philippe

and this is Philippa

They are simply two of my best friends with very similar names. In other news there is a couple at Fox Run (my grandparents retirement community) named George and Georgette George. No joke! And they are the nicest people ever. Please let me know if you have any further question, and thank you for your attention.

Soy Bean Wolverine

2008-09-24T20:22:00.000-07:00

Thanks to Philippe I now have several ideas for a Michigan version of the Kansas "Rock Chalk Jayhawk" chant. The finalists are Lima Bean Wolverine, Listerine Wolverine, and my personal favorite, Soy Bean Wolverine. For those of you who did not marry a diehard Jayhawk fan, here is the Rock Chalk Chant. Enjoy the guy saying to his friend 50 seconds in, "Rock and roll, brother!"

Kansas, the 2008 Basketball National Champs, has a storied basketball history from James Naismith and Phog Allen to Wilt Chamberlain and Danny Manning. They also have quite a hall of fame, and I took this picture before last year's DePaul game. I admit it, I'm a KU fan. Now if I can just find four KU v. MSU tickets for next January...

We're not in Kansas anymore

a quick trip to DC.

2008-09-24T19:59:00.000-07:00

Last weekend Deb and I drove to DC for Emily and Jon's wedding. It was a lightening fast trip, driving in on Friday and leaving early Sunday morning. I did end up meeting Jim and his fiance for lunch on Sunday near Pittsburgh and of course had to buy a case of Straub, the best summer beer on the planet. Once you've been drinking 16oz bottles, a regular beer just won't do.

Even late Friday night, DC was a busy place.

Keep the lights on boys, we got us some bailin' to do!

What I did this summer... Part I

2008-09-24T09:28:00.001-07:00

Debbie and I got married in Kansas City!

On friday night we reserved a dugout suite for the Tigers v. Royals game. Miguel Cabrera came over to sign autographs and Gene Lamont threw a ball our way at the end of an inning. Tigers win on a Fernando Rodney passed ball final out.

Saturday night was our rather large rehearsal dinner, complete with Pappas poems. Quote of the night courtesy of my Uncle Ed: "Don't sweat the petty things, and don't pet the sweaty things."

The groomsman/ushers (from left) Owen Gutovitz, Scott Gutovitz, Greg Gafni-Pappas, Scott Bennett, Seth Myers, Justin Burleson, Jim Pascone, me, and Jeff Rash. Not pictured: Steve Pappas and the photographer himself, Philippe Cicchini.

The party was great, mainly because the band was out of this world. We all danced until the music stopped...

"Brian is a good writer...too bad he lives in Detroit"

2008-09-24T08:32:00.000-07:00

When Philippa shared this with her father (they both live near Boston), his above response was very funny.

This is the text of my op-ed (published in last friday's Detroit Free Press).

How to bring the rest of Michigan's young people home
BY BRIAN A. PAPPAS • September 19, 2008

http://www.freep.com/apps/pbcs.dll/article?AID=/20080919/OPINION02/809190344/1070/OPINION

I love Michigan, and I love Detroit. I hold three degrees from Michigan universities. Aside from my dad, I don't know anyone else who will pause the TiVo to watch a Pure Michigan ad. Still, I left, moving to Chicago after law school to experience all that a successful city has to offer. I felt guilty, but I wasn't alone. Many of my classmates left, too, for California and Virginia, New York and Florida. What we found is that we weren't alone. Since 2006, Chicago has been awash in a sea of Detroit Tiger caps with the distinctive Old English D. The barista at the nearby Caribou is from Royal Oak, my neighbor moved from Grand Rapids, my coworker grew up in Trenton, and on and on. Like me, they also wanted the economic and social opportunities offered by cities like Chicago.

So did I find the job of my dreams in Chicago? Nope, the job market is saturated with new lawyers. Did I find the social life I dreamed of? I suppose, but I've never been one to close down bars or attend the latest art shows.

What I did find was direction for my career, the experience of selling my car and using public transit, and the joy of running the lake path as the sun rose on a warm summer morning. Closer to my 30s, I enjoyed a lifestyle that eluded me in my 20s in the Detroit area. I also met my wife, who chose to stay in Chicago instead of returning to Kansas after college.

But now, nearly three years later, I am moving back to Michigan. When I tell people, the normal response is "good for you," or "congratulations," but every once in a while I get negative feedback, and almost always from transplanted Michiganders. Many seem to feel guilty from years of parental pressure, and they try to rationalize their decision to move while simultaneously touting their love of Michigan.

To some degree I can relate. But then I hear the refrain that the Detroit area is dying -- complete with muted racial undertones -- and always from people who can't tell me where Belle Isle is located, have never enjoyed one of the region's great metro parks, and tasted the cider at the Franklin Mill.

Do people in Chicago hold a negative view of metro Detroit? Many do, but as we all know, our region isn't exactly having a banner image year. Most don't pay much attention, but the few people who do sometimes ask me what I think metro Detroit can someday become. This is my answer: a place where once people visit, they are not only pleasantly surprised but want to come back. A place that celebrates its diversity instead of creating boundaries. A place where the people can find good jobs, and where they enjoy and protect the outdoors. A place where people don't want to leave, and don't have to leave.

I've given that speech many times, but recently with less fervor. We need to face facts: Detroit is a one-industry town. Either we grow another booming industry from scratch, or we will need to create the conditions that will keep our young people in Michigan. That takes time and meaningful change. We should plant the seeds now.

We need new solutions. The "race to the bottom" to have the best business climate (lowest taxes) is nothing without an educated, healthy and cultured workforce. Our tax base is tapped out, our state budget is devastated, and we need a new direction. As counter-intuitive as it seems, now is the time for bold action and investment. Unrealistic goals can be easier to achieve than realistic ones, if they provide the challenge and interest that keep people involved and motivated.

Public transit is one such unrealistic goal. Metro Detroit has a lot of what Chicago has -- culture, entertainment, sports, recreation, talented people and a great waterfront. It's just not all concentrated in one city.

A region-wide public transit system can unite us and reframe the map over the long term, creating new centers of commerce and providing the infrastructure for long-term advancement. At a bare minimum, young people do not want to drink and drive, and don't want to battle traffic on the way home. Public transit addresses those concerns. The Woodward and Ann Arbor corridors are great starts, but we need to think big!

It seems that our leadership is incapable of doing just that. We need people who understand economic and human development. Leaders who can put their personal aims aside and put their communities first. Leaders who understand that we're all in the same boat.

I am also not so bold as to believe that I have all or even any of the answers. I only want Michigan, all of it, to thrive -- for me, for you, and for all the children growing up here today. There are many people who have moved back, but many more are gone for good. In my family, I am the only of seven cousins, all graduates of Michigan universities, to still live in Michigan. I don't think that is an uncommon thing.

I want my kids to choose to live in Michigan, which is why I chose to move back, and why I choose to roll up my sleeves to help turn things around. I know that there are a lot of us out there.

BRIAN A. PAPPAS, 30, grew up in the Detroit area, graduated from the University of Michigan and Wayne State University Law School and lived in Chicago from 2005-08 before returning to Michigan. He is a mediator and the associate director of the Alternative Dispute Resolution Program at Michigan State University College of Law.

Fire up the Google Reader!

2008-09-24T07:45:00.000-07:00

Welcome to Michigandering, my canvas on which to highlight all things pappas in the mitten state. With a healthy dose of current events, Michigan/Detroit sports, dispute resolution, and of course plenty of pictures, this will provide me with hours of entertainment. Before I get to the meat, I need to acknowledge the two people that inspired my interest in photography.

Seth Myers is one of the most interesting people I know, and snap is a top notch photo blog.

Seth took this photo from my balcony when I was living downtown.

Philippa is a great photographer and an excellent artist. Hands down my favorite person to argue with. There are a lot of food pics so I try not to look at her blog until after breakfast.

Can I get that without any onions?!