Tidal Wave

When the tide runs out on the Back River it leaves a crust of ice.  When the tide returns you can see the tidal wave as the water rises up hill to our spot.  We are four or five feet above sea level so we get only a 6 foot high tide, rather than the 11 foot downstream.  You can see the tidal wave slipping in over the  frozen river bed. -gwc

The leading edge of the tidal wave which reaches us at half tide.
Three hours later the water will be six feet deep.  The river goes from a 1 foot wide
rivulet at low tide to fifty yards wide at high tide.

Susie Goodall rescued in southern ocean ~ Guardian

https://www.theguardian.com/sport/2018/dec/07/solo-yachtswoman-awaits-cargo-ship-rescue-amid-poor-weather

In Friendship with Peter & Norma

Owls Head Light State Park

Hamiet Bluiett, Baritone Saxophone Trailblazer, Dies at 78 - The New York Times

Hamiet Bluiett, Baritone Saxophone Trailblazer, Dies at 78 - The New York Times

By Giovanni Russonello

• Oct. 7, 2018

Hamiet Bluiett, a baritone saxophonist who expanded the possibilities of his instrument while connecting the jazz avant-garde with a broad view of its own history, died on Thursday at his home in Brooklyn, Ill. He was 78.

His granddaughter Anaya Bluiett said that the cause had not yet been determined but that his health had deteriorated in recent years after a series of strokes and seizures.

A central figure in jazz, primarily as a member of the renowned World Saxophone Quartet, Mr. Bluiett (whose name is pronounced HAM-ee-et BLUE-it) married a dazzling physical command of the instrument with a passion for the full scope of the blues tradition. With an astonishing five-octave range, he could leap into registers that had been thought inaccessible on the baritone.

“Most people who play the baritone don’t approach it like the awesome instrument that it is,” Mr. Bluiett said in an interview with jazzweekly.com in 2000. “They approach it as if it is something docile, like a servant-type instrument. I don’t approach it that way. I approach it as if it was a lead voice, and not necessarily here to uphold the altos, tenors and sopranos.”

The Real McCoy: Good Intentions Cannot Overrule Client’s Instructions | Legal Ethics in Motion

The Real McCoy: Good Intentions Cannot Overrule Client’s Instructions | Legal Ethics in Motion

POSTED BY ALICE KERR ON OCT 12, 2018 IN ATTORNEY-CLIENT RELATIONSHIP

Update: The matter of McCoy v. Louisiana first appeared on this blog on October 17, 2017. The United States Supreme Court granted certiorari to decide whether a criminal defense attorney is constitutionally permitted to concede his or her client’s guilt over the defendant’s objections.

Robert McCoy was charged with three counts of first-degree murder and pleaded not guilty. McCoy’s parents hired Larry English to take over the case after McCoy had his assigned counsel removed.  English concluded that the evidence against McCoy was overwhelming and the best strategy for avoiding the death penalty would be to admit guilt at trial and plead mental incapacity at sentencing. McCoy insisted on his innocence and objected to any admission of guilt.  Two days before trial, McCoy petitioned the court to terminate English’s representation. English also supported this request.  However, the trial court refused McCoy’s request.

At the guilt phase of the trial, English told the jury that McCoy “committed [the] three murders.” McCoy then testified in his own defense. The jury found McCoy guilty on all three counts. During the penalty phase, English again conceded that McCoy committed the crimes, but asked for mercy given McCoy’s mental and emotional issues.  The jury returned three death verdicts. The Louisiana Supreme Court, upheld McCoy’s conviction and sentence.  The Louisiana Supreme Court concluded that English had the authority to concede guilt as a trial strategy. The Louisiana Supreme Court upheld English’s conduct by relying on the Louisiana Rules of Professional Conduct Rule 1.2(d), which states, “a lawyer shall not. . . assist a client, in conduct that the lawyer knows is criminal or fraudulent.” The LA Supreme Court opined that had English presented McCoy’s alibi defense, English could be implicated in perjury, given English’s disbelief in McCoy’s alibi.

In a 6-3 decision, the United States Supreme Court reversed the Louisiana Supreme Court’s ruling and held that McCoy’s Sixth Amendment rights were violated.  The decision discussed the allocation of authority in the lawyer-client relationship, considering two points: (1) who has the ultimate authority to decide the objectives of representation, and (2) who has the authority to decide how to carry out those objectives?  The SCOTUS decision echoes Louisiana RPC Rule 1.2 (a), which states that a lawyer “shall abide by the client’s decisions concerning the objectives of representation” and provides that “in a criminal case, a lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.”

Ultimately, the defendant has the right to choose the objective of his defense. The lawyer then crafts the strategy around how to best achieve that objective. Thus, McCoy had the right to maintain his innocence, have his case presented, and let the jury decide.  English, irrespective of his good intentions, foreclosed that right by controlling every aspect of the case to the detriment of his client’s objectives.

Read the United States Supreme Court decision here.

Montauk to Sag Harbor Aboard CaLeRu

Gray sky and gray seas under make you feel like Masters and Commanders.

Entering Montauk Lake

Taking on fuel and water

Checking the chart

Captain at the helm

Secure

Sag Harbor

Maine lobstermen say move to avert collapse of herring fishery will have dire consequences - Portland Press Herald

​

​Maine lobster is a wild catch but it's not entirely wild.  Bait draws the bugs into the wire mesh traps.  The smaller ones escape, the larger are, well, trapped.​  The traditional bait is herring.  Absent herring pogies (menhaden or bunker) are the next bait of choice.  But the surging lobster population, free of its overfished predator Cod, demands a lot of bait/  So the purse seiners and mid-water trawlers for herring ar facing a near shutdown of the herring fishery.  That prospect is cause for alarm. - gwc

Maine lobstermen say move to avert collapse of herring fishery will have dire consequences - Portland Press Herald

by Penelope Overton

Regulators are taking drastic steps to avert a collapse of the herring fishery, adopting trawling bans and proposing rock-bottom quotas.

While environmental groups and those who fish species that rely on herring for food, like striped bass and tuna, cheered the action, the Maine lobster industry was left wondering how it will survive without its favorite bait. Patrice McCarron, the executive director of the Maine Lobstermen Association, predicted it will force some lobstermen off the water.

“It is going to be really devastating,” McCarron told the New England Fisheries Management Council on Tuesday. “People aren’t going to be able to fish. There’s just not going to be enough bait. If you do get bait, you’re going to be on rations. The price of bait is going to skyrocket. … A lot of people are going to go out of business.”

About 70 percent of all herring landed in the U.S. ends up as bait, mostly for the lobster industry. In the last five years, as lobster hauls increased, the demand for herring went up, too, just as herring landings began to fall, McCarron said. That has driven up the bait price. In 2013, Maine lobstermen were paying $30 a bushel. Now, a bushel costs $45 on the coast, or $60 on the islands.

McCarron expects the price of bait to double next year, which would be a disaster for Maine lobstermen, she said. Her organization has been meeting with Maine bait dealers to talk about their storage capability, which she said was limited, and herring alternatives such as pogeys and redfish, whose prices likely will rise as lobstermen are forced to abandon herring as bait.

Pat Keliher, the commissioner of Maine Department of Marine Resources, failed to persuade the council Tuesday to reduce the amount of herring it will leave in the sea to feed other fish – the council settled on 20 percent – and to keep more of the small quota that it wants to set for 2019 for those who fish in the area near shore in the Gulf of Maine.

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All Fordham Law crew takes 3rd in Heritage Cup regatta.

Our all Fordham Law crew took third place honors in the annual Heritage Cup Regatta.  Sponsored by the 127 year old Hempstead Harbour Club, it brings together 25 classic wooden and old style boats for an afternoon of racing on Long Island Sound

We competed in the Spirit of Tradition class aboard my North River 2 - a Buzzards Bay 14.  Designed by legendary naval architect L.Francis Herreshoff in 1945 the 17 foot mahogany planked sloop was built in 1985 at The Boat School in Eastport, Maine.

The crew:
George Conk (son of George Conk -College '45, Adjunct Prof, Law since 2002)
skipper, navigator, main sail trim

Peter Madison - College '67, Law '70 (Fordham College sailing team alum)
tactician, headsail trim

Ralph Wolf, Law '06 (grandson of Frederick Wolfe, Law 1917)
helmsman

Hempstead Harbour Club - founded 1891

Peter and Ralph

Netanya - a Friendship Sloop took second place
15 seconds ahead of us on corrected time

Golden Eye, 81 year old yawl belongs to
race chairman Mike Emmert and family

cat boats pull ahead to windward

classics raft up after race

Peter

North River 2  # 85 at the start