Showing posts sorted by date for query Unconscionable. Sort by relevance Show all posts
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Tuesday, December 10, 2024

Revoke & Irrevocable

Revoke (pronounced ri-vohk)

(1) To take back or withdraw; annul, cancel, rescind or reverse; rescind or repeal.

(2) To bring or summon back.

(3) In certain card games, to fail to follow suit when possible and required (renege the more common term).

(4) Such an act or instance of revoking.

1300–1350: From the Middle English revoken, from the Latin revocāre (to call again; to call back; withdraw), the construct being re- (in the sense of “again”) + vocāre (to call).  The synonyms (depending on context) are countermand, nullify, recall and retract.  Revoke is a noun & verb, revoker is a noun, revoked & revoking are verbs and revokingly is an adverb; the noun plural is revokers.

Irrevocable (pronounced ih-rev-uh-kuh-buhl (U) or ih-ri-vohk-kuh-buhl (non-U))

Not to be revoked or recalled; unable to be changed, repealed or annulled; unalterable.

1350–1400: From the Middle English, from the Middle French irrévocable from the Latin irrevocābilis (that which cannot be recalled, unalterable), the construct being ir- (the prefix an assimilated form of in- (not, opposite of)) + revocabilis (able to be revoked).  Irrevocable is an adjective, irrevocableness & irrevocability are nouns, and irrevocably is an adverb; the noun plural is irrevocabilities.

The trust, Rupert Murdoch and irrevocably

The trust in its modern form is an invention of English common law.  Although the trustee concept was a part of Roman civil law, its operation essentially was restricted to the a class of ownership of assets held by someone who would now be known as the executor or administrator of the estate of a deceased; the administrator would be the legal owner (though not necessarily the possessor) of the goods but their rights to them was limited to distributing them (or if sold or dissolved, their value) to the beneficiaries named in the deceased testamentary documents (will).  The novel innovation of the English common law was to apply a similar concept to the property of someone living.  During the Crusades (the expeditions by Christian military formations between 1095-1291 attempting to retake the Holy Land (Jerusalem and its environs)), it was the practice for a land-owning Crusader to convey (ie transfer ownership) his property to another so the estate could continue to operate as part of the feudal land system, this done on the basis that upon his return to England, the property would revert to him.  Most such arrangements were honored but some were not and because English law regarded land title as absolute, whomever was the legal “owner” of the land could defend that right against any claim.  A subject’s only recourse was to seek justice by petitioning the king and in most cases the matter would be referred to the chancellor (an office something like a mix of prime-minister & minister of justice) who would decide each case on its merits.  That of course resulted in inconsistencies and led to the development of the Court of Chancery and the emergence of the principles of the law of “equity”, designed both to remove inconsistencies and avoid the injustices sometimes the result of the strict application of the rigid rules of the common law.

Thus the emergence of the trust in which property could be transferred from one to another but with rights of the legal “owner” of the property in the trust restricted by the terms of the trust (typically that the property or its proceeds could be used or applied only to those beneficiaries named); the “legal owner” was thus really the trustee (the administrator).  It was a mechanism which proved useful over the centuries including during the wars of religion when trusts could be created to protect property from confiscation.  The trust is a flexible beast and a variety exist including the “secret trust” (although in most places they’re not as secret as once they were) and although most trusts formally are created an so-named, if an arrangement is found in substance and operation to be “a trust in all nut name”, a court can declare it to be a trust (technically a “constructive trust”).  Trusts are widely used today, mostly tax-minimization platforms because, as a general principle, income gained by a trust is not taxable until paid out to a beneficiary.  That has made trusts of great interest to those advocating tax-reform but because among the most enthusiastic users of trusts are the rich and politicians (society’s most dynamic and influential symbiosis whether in New York, Moscow, Beijing, Islamabad or Pyongyang), not much is likely to change.  A particular flavor of trust is the “irrevocable trust” which, as the name suggests, should be one in which the terms cannot be altered.

Washoe County Courthouse (1910), Reno Nevada.  Built in Classical Revival style, it first gained national attention when the combination of liberal residency requirements and liberal divorce laws created a "divorce boom" which made a significant contribution to the Nevada economy.

In 1999 Rupert Murdoch (b 1931), at the time of his second divorce, created the Murdoch Family Trust (MFT), into which was transferred the shareholdings of a number of companies and the terms of the trust were such that the succession plans for his media empire were settled.  The trust grants the family eight votes, Mr Murdoch controlling four, each of his eldest four children holding one; upon Mr Murdoch’s death, his four would have been distributed equally to them.  The device was created as an “irrevocable trust” as part of the terms of the divorce, the ex-wife waiving the right to a much higher payout in return for the “irrevocable” protection the terms of the trust afforded the four children.  In December 2023, Mr Murdoch filed papers in Reno, Nevada seeing to amend (ie in the technical sense “partially revoke”) the terms of the “irrevocable” MFT to the extent that his oldest son would assume full control over News Corp, the holding company which manages literally hundreds of assets (the best-known of which is now Fox News), excluding the other three siblings.  This was about operational control and did not affect the children’s financial stake in the trust.  The matter (In the Matter of the Doe 1 Trust) was in September 2024 heard before a probate commissioner, in camera, at Washoe County Courthouse, the parties (1) Rupert Murdoch and the eldest son on one side and (2) the three other siblings on the other.

Mr Murdoch had not previously been much associated with the state of Nevada but his legal team chose to file in Nevada because the state has the nation’s most flexible (they like to use the term “progressive”) statutes relating to trust law and it was thus concluded it was there that the highest chance existed for amending an “irrevocable” trust.  The Nevada approach in these matters in interesting in that the state permits “decanting”, a process by which a trustee can transfer assets from one trust into a new trust with different terms, in effect modifying the original trust in that the assets become subject to different rules.  Decant (inter alia “to pour from one vessel into another”) was from the French From French décanter, from the Medieval Latin dēcanthāre, the construct being dē- (of; from) +‎ canthus (beak of a cup or jug).  For administrative simplicity, decanting does not require the approval of a court but can be subject to challenge if it’s alleged a trustee lacks the requisite discretionary authority under the terms of the original trust document.

Wedding day: Rupert Murdoch (b 1931) & model Jerry Hall (b 1956).  The ceremony was conducted at Church of England church of St Bride's, Fleet Street, London, March 2016.  The couple divorced in 2022.

Under Nevada law, despite the name, an “irrevocable trust” is not “irrevocable” in an absolute sense because beneficiaries and trustees can agree to modify the terms of such a trust, even if the trust is irrevocable.  This process (a “non-judicial settlement agreement”) avoids the need for a court hearing, thereby reducing the expense and time required and exemplifies the sort of “flexibility” Nevada’s corporate regulators cite as reasons why the state should be a trustee’s jurisdiction of choice.  However, Nevada does require any modifications be consistent with the trust's purpose and not in violation with its fundamental terms and moreover the usual principles of equity governing trusts apply: there can be no unconscionable conduct.  A Nevada court also can modify or terminate an irrevocable trust if the trust's purpose has become impossible, impracticable, or illegal, or if circumstances not anticipated by the original grantor arise.  In that the remit of equity is wider than in contract law where courts have always been reluctant to “write contracts” although they will correct technical errors and a Nevada court can appoint a “trust protector”, an officer with the authority to amend trust terms, change beneficiaries, or even (under specified conditions) terminate the trust.  This authority can extend to the creation of a “directed trust” (a special class of constructed trust) which allow the grantor or beneficiaries to appoint an entity or individual to oversee specific trust decisions, which can include modifications (all of which are subject to the supervision and ultimately the approval of the court).

The decision of the probate commission in Reno will not have pleased Mr Murdoch.  In a 96 page opinion published on 9 December, the commissioner found Rupert and Lachlan Murdoch (b 1971; the eldest son) had acted in “bad faith” in their attempts to change the terms of the irrevocable MFT, suggesting the pair had organized a “carefully crafted charade” to “permanently cement Lachlan Murdoch’s executive roles” inside the empire “regardless of the impacts such control would have over the companies or the beneficiaries” of the MFT.  He didn’t go as far as one New Zealand judge who once damned evidence brought before him as “an orchestrated litany of lies” but the tone was still severe.

One untypical aspect of the matter is that it wasn’t directly about money; most trust cases involve money, indeed, a financial motivation is at the root of most civil matters.  Mr Murdoch was moved to seek to change the terms of the MFT because he’d concluded Lachlan was the only one of the four children who shared his views on how the editorial position of affected media outlets (most notably Fox News) should be maintained, the other three tending to a more liberal (in US terms) stance.  Interestingly, although that may appear a family’s ideological squabble, the documents which emerged from the discovery process in the matter of Dominion Voting Systems v Fox News (Delaware Superior Court: N21C-03-257; N21C-11-082) which culminated (thus far) in Fox settling the matter by paying Dominion some US$790 million, the alternative being to continue the case and allow more of Fox’s internal documents to enter the public domain) suggested that Mr Murdoch’s decisions about such things are led more by a commercial imperative than any political commitment.  In other words, Fox News should do what it does because it attracted viewers (the product) to deliver to advertisers (the customers); were the Fox News audience suddenly to have a moment of mass-catharsis and become a bunch of seed-eating, basket-weaving hippie vegans, so would shift the Fox News editorial stance.

The usual purpose of an irrevocable trust is to protect the beneficiary (or beneficiaries) from others but they have been recommended for those who might be advantaged by being “protected from themselves”.

So what Mr Murdoch wishes to ensure is that Fox News keeps on doing what it does (and whether one agrees with it or not, few would deny at what it does it’s the best in the world) because that is the path to the highest financial benefits for the MFT.  Lachlan understands and the others don’t so Mr Murdoch is trying to protect the three dissident children from themselves.  Whether defiant or deluded, the dissident triumvirate were pleased with the recommendation: “We welcome the commissioner’s decision and hope that we can move beyond this litigation to focus on strengthening and rebuilding relationships among all family members.  It’s there’s a Murdoch family Christmas dinner, there might be what a diplomatic communiqué would describe as a “frank and robust exchange of views”.

Wedding day: Rupert Murdoch (b 1931) & molecular biologist Elena Zhukova (b 1956).  The ceremony was conducted at Mogara, Mr Murdoch’s Californian vineyard, June 2024.

The procedure in Nevada is the commissioner’s opinion will now be referred to a district court judge, sitting as a court of probate.  The judge can issue a ruling wholly favourable to one side or the other or in some way structure a decision which gives something to each; there will thus be one appeal or two and that may trigger more so although it’s possible the matter may not be finalized before Mr Murdoch dies (God forbid), he recently celebrated his fifth marriage so appears to remain robust and in rude good health.

Friday, November 1, 2024

Garbage

Garbage (pronounced gahr-bij)

(1) Discarded material (often animal and vegetable matter from food production).

(2) Any matter that is no longer wanted or needed.

(3) Anything contemptibly worthless, inferior, or vile (physical material or, used figuratively, any idea or content (literature, music, film, ideas, theories etc).

(4) Worthless talk; lies; foolishness.

(5) In informal use in architecture & design, unnecessary items added merely for embellishment; garnish.

(6) In the space industry, no non-functional artificial satellites or parts of rockets floating in space (space junk, a genuine and growing problem in near-earth orbit).

(7) In computing, meaningless, invalid or unwanted data.

(8) The bowels of an animal; refuse parts of flesh; offal (obsolete).

(9) In North American slang (of ball sports), an easy shot.

(10) In North American slang (of team sports), as “garbage time”, the period at the end of a timed sporting event that has become a blowout when the outcome of the game has already been decided, and the coaches of one or both teams will often decide to replace their best players with substitutes.

(11) In North American slang, to eviscerate (obsolete).

1400–1450: From the Middle English garbage, garbidge & gabage (discarded parts of butchered fowls; entrails of fowls used for human food).  In the Middle English, garbelage meant “removal of refuse from spices” & garbelure meant “refuse found in spices” while the Old French garbage (also as jarbage) meant “tax on sheaves of grain”.  Quite what were the mechanics of the sense-shifts has never been clear and further to muddy the waters there was also the Old Italian garbuglio (confusion).  All dictionaries thus regard the original form as being of “unknown origin”.  The familiar modern meaning (refuse, filth) has been in use since at least the 1580s, an evolution from the earlier sense of “giblets, refuse of a fowl, waste parts of an animal (head, feet, etc) used for human food).  Etymologists noted it was one of many words to enter English through the vector of the French cooking book and its sense of “waste material, refuse” was influenced by and partly confused with “garble” in its older sense of “remove refuse material from spices” (while Middle English had the derived noun garbelage it seems only ever to have been used to mean “the action of removing refuse (ie not the material itself)).  In modern North American use, “garbage” generally means only “kitchen and vegetable wastes” while “trash” the more common term generally used of “waste; discarded rubbish”.  The alternative spelling garbidge is obsolete (although it does sometimes still appear as a marker of the use of an eye dialect).  Garbage is a noun, verb & adjective, garbaging & garbaged is a verb and garbagelike is an adjective; the noun plural is garbage.

Portrait by Lindsay Lohan constructed entirely from recycled garbage by Jason Mecier (b 1968).  His work is crafted using discarded items and he attempts where possible to use objects in some way associated with his subjects.  Although described by some as mosaics, his technique belongs to the tradition of college.

The derived terms are many and include “garbage can” or “garbage bin” (a receptacle for discarded matter, especially kitchen waste), “garbage bag” (a bag into which certain waste is placed for subsequent (often periodic) collection and disposal), such a bag functioning often as a “bin liner” (a usually plastic disposal bag used to make the disposal process less messy), “garbage day” (or “garbage time”), the day on which a local government or other authority collects the contents of a householder’s garbage bin, left usually kerbside, “garbage collector”, “garbage man”, “garbage lady” & “garbage woman” the employees (“garbos” in Australian slang) who staff the collection process (known (usually humorously) since 1965 also as “garbologists” whose trade is “garbology”, “garbage truck” (A vehicle for the collection and removal of waste, usually a truck with a custom-built apparatus to compact the collected waste), “garbage dump” (the place to which garbage trucks deliver their load), “garbage disposal (unit)” (an electric device installed in a kitchen drain that shred waste before washing it down the drain (known commercially (sometimes capitalized) also as a “garburator” or “garberator”), “garbage bandit” (the wildlife known to raid garbage bins for food).  For the two holding centres used in 1945 to imprison the suspected Nazi war criminals prior to trial, the British used the codename "Camp Dustbin" and the Americans "Camp Ashcan"; both resisted the temptation to use "garbage" or "trash".  In coining derived terms or in idiomatic use, depending on the country, not only are "garbage" & "trash" used interchangeably, elements such as "ash", "rubbish", "dust" etc can also sometimes be substituted.  Charlie Chaplin’s (1889–1977) film The Great Dictator (1940) was a satire of the Nazi regime (1933-1945) and the character that was a parody of Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) was named “Herr Garbitsch” (pronounced garbage).  

In appearing to characterize the supporters of Donald Trump (b 1946; US president 2017-2021) as “garbage”, Joe Biden (b 1942; US president 2021-2025) gave something of a “free kick” to the Trump campaign which wasted no time in focusing on this latest gaffe to divert attention from the joke which triggered the whole “garbagegate” thing.  In mid-October, 2024 US comedian Tony Hinchcliffe (b 1984), whole performing a set as part of the entertainment for a Trump rally at New York’s Madison Square Garden, included material in keeping with having “a bit of previous” in the use of jokes regarded variously as anti-Semitic, misogynistic and racist, the most controversial being: “I don't know if you guys know this, but there's literally a floating island of garbage in the middle of the ocean right now. I think it's called Puerto Rico.  The punch-line was well-received, greeted with much laughter and applause.

Tony Hinchcliffe on stage, Madison Square Garden, New York, October 2024.

It was interesting the comedian used “island of garbage” rather than “island of trash” because, in the US, “trash” is the more commonly used term and one which has a long history of being applied to social & ethnic minorities (white trash, trailer trash etc) which presumably was the intended implication.  The choice may have been influenced by the well-known “Great Pacific garbage patch”, an accumulation of (mostly) plastic and other marine debris in the central Pacific which is believed to cover at least 600,000 square miles (1.5 million km2).  While “…literally a floating island of trash” could have worked, not only would it have been more blatant but the impact of the punch-line depended on the audience summoning the mental image of the Pacific Ocean phenomenon (caused by and essentially circular sea current which is oceanography is called a “gyre”) before learning the reference was actually to Puerto Rico (and by implication, Puerto Ricans).  The racial slur wouldn’t have pleased the Trump campaign professionals who will have explained to their candidate that while it’s important to “feed the base” with messages they like, it doesn’t have to be done that often and certainly not in a way with the potential to alienate an entire sub-set of demographic in which a percentage are known to be the prized “undecided voters”.  There is a significant Puerto Rican population in three of the so-called “battleground states” where the election will be decided.

Still what’s done is done and there was a problem to be managed, but the problem soon vanished after President Biden decided to issue a condemnation of the rally saying: “The only garbage I see floating out there is his supporters — his, his demonization of Latinos is unconscionable, and it’s un-American.  That statement was reflected in the text of the transcript prepared by the official White House stenographers, but the political operatives in the White House press office decided to apply some spin, appending a “psychological apostrophe”, rendering “supporters” as “supporter’s”, explaining for those of us too dim to get it that what Mr Biden meant was that his critique was limited exclusively to the deplorable comedian.  Clearly the White House press office operates in the tradition of “Don’t report what he says, report what he means”, urged on reported by the staff of crazy old Barry Goldwater (1909–1998) during his disastrous 1964 presidential campaign against Lyndon Johnson (LBJ, 1908–1973; US president 1963-1969).

President Joe Biden nibbles on a baby dressed as chicken during White House Halloween event, Washington DC, 31 October 2024.

Predictably, the “battle of the transcripts” made things worse rather than better so Mr Mr Biden tweeted his “clarification” on X (formerly known as Twitter): “Earlier today I referred to the hateful rhetoric about Puerto Rico spewed by Trump's supporter at his Madison Square Garden rally as garbage—which is the only word I can think of to describe it. His demonization of Latinos is unconscionable. That's all I meant to say. The comments at that rally don't reflect who we are as a nation.  The problem with the tweet was it was coherent and used close to standard English grammar, leading readers immediately to suspect it had been written by someone else, it anyway being widely assumed the president is no longer allowed unsupervised use of any internet-connected device.  Worse still, the apparent disdain of Trump’s supporters did appear to be in the tradition of Democratic Party “elite” opinion of the people they like to call “ordinary Americans”, Barack Obama (b 1961; US president 2009-2017) in 2008 caught belittling small-town Pennsylvanians for being bitter and turning to God, guns and anti-immigrant sentiment to make themselves feel better (he was probably also thinking of pick-up trucks and country & western music too) and crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) during the 2016 campaign infamously described the Trump crowd as “a basket of deplorables”.  Again, it’s really counter-productive to feed an already satiated base if the menu also further alienate some of the undecided.

Crooked Spiro & Tricky Dick: Spiro Agnew (1918–1996; US vice president 1969-1973, left) and Richard Nixon (1913-1994; US president 1969-1974, right).

The Republican Party has for over fifty years paid much lip service to defending and acknowledging the dignity of those they claim liberals in general and Democrats in particular disparage as “garbage”, or “deplorable”.  That they did this while driving down their wages didn’t escape attention but one can’t help but admire the way the Republican Party has managed to convince the deplorables repeatedly to vote against their own economic self-interest by dangling before their eyes distractions like the right to own guns, abortion and transgenderism.  Occasionally, there’s even been the odd amusing moment, such as on 11 September 1970 when Spiro Agnew gave a speech designed to appeal to what he called the "forgotten Americans", that group of white, working middle & lower class votes Nixon believe could be converted to the Republican cause because the once blue-collar Democratic Party had abandoned their interests to focus on fashionable, liberal causes such as minority rights.  The tone of the speech (though perhaps not the labored syntax which would be rejected as TLDR (too long, didn’t read) in the social media age) would be familiar to modern audiences used to political figures attacking the news media and was a critique of what later Republicans would label “fake news”.  In attacking the liberals, it also had some fairly tortured alterative flourishes:  

In the United States today, we have more than our share of the nattering nabobs of negativism.  They have formed their own 4-H Club - the “hopeless, hysterical hypochondriacs of history”  “…As long as they have their own association, crooks will flourish.  As long as they have their own television networks, paid for by their own advertisers, they will continue to have their own commentators.  It is time for America to quit catering to the pabulum peddlers and the permissive.  It is time to speak up forcefully for the conservative cause."

Mr Trump lost no time in exploiting the latest in a long line of Mr Biden’s gaffes, turning up to a rally in Green Bay, Wisconsin (another battleground state) in a Trump branded Freightliner garbage truck flying an American flag, conducting an impromptu interview in the passenger’s seat decked out in the hi-viz (high-visibility) gear worn by garbagemen.  How do you like my garbage truck?” he asked reporters.  This truck is in honor of Kamala and Joe Biden.

Probably the Biden camp was lucky the comedian didn’t use “trash” in his racist joke because had the president mangled his words enough to end up calling the Trumpers “trash” their reaction would likely have been visceral because it would of course have been deconstructed as a clipping of “white trash”.  The slur “white trash” has a long history in the US, first used in the ante-bellum South of the mid-nineteenth century (possibly and certainly concurrently as “poor white trash”), said to be the way black slaves referred to whites of low social status or working in low-level jobs.  It was apparently one of the first of the attempts to find an offensive term for white people, something which in the late twentieth century became something of a linguistic cottage industry and although literally dozens were coined and some have had some brief popularity in popular culture, none seem ever to have achieved critical mass acceptance and, importantly, none seem ever much to have offended the white folks.  Indeed, “white trash”, “white trashery” etc have even been adopted by sub-groups of white society as a kind of class identifier, rather as the infamous N-word has become a term of endearment among African Americans.

Edgar Winter's White Trash Live at the Fillmore (1971) and Edgar Winter's White Trash Recycled (1977).

Edgar Winter (b 1946) formed Edgar Winter’s White Trash in 1971, the name an allusion to the stereotype of “white trash” being most commonly found south of the Mason-Dixon Line because the band was an aggregation of musicians from Louisiana & Texas.  It was an example of a slur being “reclaimed” and “embraced” by a group originally it target.

Even when it’s directed at a whole society, the white people seem to cope.  In 1980, Lee Kuan Yew (1923–2015; prime minister of Singapore 1959-1990) felt compelled to issue a statement telling the people of Australia their economy needed significant reforms were the fate of becoming “the poor white trash of Asia” to be avoided.  Mr Lee’s advice was certainly prescient, 1980 being the last “good” year of the “old” Australian economy (things would get worse before they got better) and the reforms would be imposed over the next two decades (especially during the 1980s) but at the time, the mention of “poor white trash” attracted less comment than the implication Australia was “an Asian nation”, the political class dividing into an “Asianist” faction and a group which agreed with the UN (United Nations) that like New Zealand, the place belonged with “Western Europe and others”.

Friday, March 8, 2024

Swiftie

Swiftie (pronounced swiftee)

(1) In slang (originally Australian) a trick, ruse, or deception (often in the form “(s)he pulled a swiftie”).

(2) A self-identifying term used by the most devoted (some suggest "obsessed") fans of the musician Taylor Swift (b 1989).  The collective is “Swifties” (the initial capital not always used) and as fandom they distinguish themselves from mere casual listeners although the media tends to apply the term to all.  In 2017, Taylor Swift trade-marked the term Swiftie for commercial use and The Oxford English Dictionary elevated it from “slang” to “word” in 2022; it was a finalist in Oxford’s 2023 Word of the Year judging.

(3) As "Singapore Swiftie", an emerging alternative form for term "exclusivity clause", most associated with contract law.

1945: (for the Australian slang) and (at least) 2010 (of Taylor Swift’s fans):  The construct was swift + -ie.  The word swift existed in the Middle English as an adjective & adverb prior to 900 and was an adjective in the Old English.  It was akin to the Old English swīfan (to revolve) and the Old Norse svīfa (to rove) and was most common as an adjective (moving or capable of moving with great speed or velocity; fleet; rapid; coming, happening, or performed quickly or without delay; quick or prompt to act or respond).  The Old English swift was from the Proto-Germanic swiftaz (swift; quick), from the primitive Indo-European sweyp & weyp- (to twist; wind around) and cognate with the Icelandic svipta (to pull quickly) and the Old English swīfan (to revolve, sweep, wend, intervene).  While the derived forms (swiftly, swiftness etc) are well-known and most have survived, one which went extinct was the thirteenth century swiftship “the ability to run fast”.  In the Australian way, the slang “swiftie” (also often as “swifty”) was also re-purposed as a nickname for someone “slow” (both mentally & physically).  The suffix -ie was a variant spelling of -ee, -ey & -y and was used to form diminutive or affectionate forms of nouns or names.  It was used also (sometimes in a derogatory sense to form colloquial nouns signifying the person associated with the suffixed noun or verb (eg bike: bikie, surf: surfie, hood: hoodie etc).  Swiftie is a noun; the noun plural is swifties.

The surname Swift was of English origin and is thought to have been literally a reference to someone who was “swift” (a fast runner).  There are entries in parish records in Suffolk dating from 1222 recording the birth of “Nicholas, ye sonne of Swyfte” and Swift evolved as a name often given to a messenger or courier (the faster a carrier, the faster the transmission of the message, a concept which has survived into the internet age.  In the household books of the court of Edward III (1312–1377; King of England 1327-1377), a Ralph Swyft was recorded as his courier.  The name became common in England and in later centuries spread throughout the English-speaking world.

As SWIFT, it’s the acronym for the Society for Worldwide Interbank Financial Telecommunication, an international consortium that routes instructions concerning transfer of funds between financial institutions.  Except in the business of money transfers, it was an obscure organization until Mr Putin’s (Vladimir Vladimirovich Putin; b 1952; president or prime minister of Russia since 1999) special military operation against Ukraine when the significance of SWIFT in the commodities markets (where fossil-fuel rich Russia is a big player) became widely understood after the imposition of trade and other economic sanctions.

In the purple: Dr Taylor Swift in academic gown after being conferred an honorary doctorate in fine arts from New York University, May 2022.

The noun swift was applied to name any of numerous long-winged, swallow-like birds of the family Apodidae, related to the hummingbirds and noted for their rapid flight.  Swift was used also of several types of moth, butterfly & lizard noted for their rapid movements and in engineering was used of the adjustable device on the processing apparatus upon which a hank of yarn is placed in order to wind off skeins or balls or the main cylinder on a machine for carding flax.  In the plural, the word was used of the faster-flowing current of a stream or reaches of a river and “swifts” in that sense remains in literary and poetic use although it’s otherwise obsolete.  Historically, the adjective Swiftian meant “of or pertaining to the Anglo-Irish satirist and essayist Jonathan Swift (1667–1745) or his works” (the best known of which were A Tale of a Tub (1704) & Gulliver's Travels (1726) but of late it has in academia been used also of Taylor Swift.  Universities are businesses which operate to make a profit and even Harvard now runs Taylor Swift courses which focus on her musical and lyrical style.  Jonathan Swift in 1713 became Dean of St Patrick's Cathedral, Dublin, thus his later common sobriquet: “Dean Swift”.  It’s thought unlikely Talyor Swift will follow her namesake into ecclesiastical administration.

Operation Hummingbird (1934): Crushing the "Röhm Putsch"

Adolf Hitler looking at Ernst Röhm, 1934.  Suspecting Röhm would at some time "pull a swiftie" on him, Hitler was persuaded to "pull a swiftie" first.  Giver the swiftness at which things were executed, the operation's "hummingbird" tag was well-deserved. 

Nacht der langen Messer (Night of the Long Knives), also called Unternehmen Kolbri (Operation Hummingbird) was a purge executed in Nazi Germany between 30 June-2 July 1934, when the regime carried out a number of extrajudicial executions, ostensibly to crush what was referred to as "the Röhm Putsch".  Targets of the purge were those in the Nazi (National-Socialist) movement labelled as identifying with the need to continue the revolution so it would be as much socialist as it was nationalist.  Ironically, at the time, there was no putsch planned although Ernst Röhm (1887–1934; chief of the Sturmabteilung (the stormtroopers (the SA)), head of the four-million strong SA had certainly in the past hinted at one.  A brutal act of mass-murder (the first of many to follow), the Night of the Long Knives was executed with remarkable swiftness and the most generous interpretation is it can be thought a "preventive" rather than a "pre-emptive strike".  Elsewhere in Europe, the events were noted with some alarm although most statesman of the Western democracies came quickly to conclude (in the Westphalian way) it was an "internal German matter" and it was best politely not publicly again to speak of it.  Among Germans, the lesson about the nature of the Nazi state was well-learned.  

The Singapore Swiftie

The lawyers in the Singapore government have a famously acute commercial sense and wouldn’t have needed the back of an envelope, let also a spreadsheet, to work out that if an exclusivity clause could be agreed with Taylor Swift, guaranteeing her six concerts in the city-state would be her only performances in the region, the economic benefits in terms of inward capital flows would be considerable.  For Taylor Swift’s operation too there would have been advantages, not the least of which would have been Singapore’s high level of security and world-class infrastructure but the cost off-sets would also have been considerable including a reduction in travel expenses and the logistical impositions of touring (the set-up and tear-down of the venues is a major operation with a high labor component).  The amount the government paid for the exclusivity clause wasn’t disclosed but presumably both parties were satisfied with the transaction.  Such is Ms Swift’s cultural power that it seems not even Greta Thunberg (b 2003) was prepared to risk incurring the wrath & indignation of the Swifties by commenting on the addition carbon generated by so many of them flying to see their idol.

Exclusivity clauses are common in commercial contracts and are used variously for purposes such as (1) guarding software, products or services from unwanted distribution, (2) granting exclusive rights to certain parties and forbidding the transfer of those permissions to others, (3) obliging certain parties to purchase products or services exclusively from one’s company rather than a competitor.  So, there’s nothing novel about exclusivity clauses and in most jurisdictions, usually they’re enforceable unless they offend against some over-arching restriction such as “unconscionable conduct” or a violation of competition rules.  As a general principle, the guidelines for an exclusivity clause to be held valid are (1) voluntariness (ie entered into without coercion), (2) certainty of terms (ie no ambiguity), (3) a beginning and an end (although the clauses can, with the agreement of both parties, be extended indefinitely, the clause should be limited in time and renewal & termination protocols must be clear), (4) product & service standards and payment terms must be clear (including variation protocols) and (5) the consequences of any breach must be explicit and detail specific remedies such as monetary compensation.

There are reasons other than the music to become a Swiftie:  The statuesque Taylor Swift in a Sachin & Babi patchwork dress at Capital FM’s Jingle Bell Ball, London, December 2014.  The eye was drawn by the intricate detailing and although some missed her trademark red lipstick, the garment's array of variegated reds meant that would have been too much, the same admirable restraint dictating the choice of black shoes.  Solid colors tend to dominate the red carpet so this piece was a rare splash of genuine adventurism.

Reaction to the deal (soon labeled the “Singapore swiftie”, the formation presumably influenced also by the equally alliterative "Singapore Sling") in the region was swift.  Authorities in Hong Kong & Thailand were immediately critical and one Philippine politician told local media Singapore was operating by “the law of the jungle” and not the law of a “neighborhood of countries bound by supposed principles of solidarity and consensus, a not so subtle reminder that in the neighborhood diplomatic relations have in recent decades been usually smooth, the members of Asean (Association of Southeast Asian Nations), the regional economic and security bloc, famously operating on the basis of “consensus”, a reasonably achievement in an organization of which Myanmar (sometimes still referred to as Burma) is a member.

A Singapore Swiftie: Prime Minister Lee Hsien Loong.

However, even while the waves from west & north were disturbing Asean’s usually calm waters, Lee Hsien Loong (b 1952; Prime Minister of Singapore since 2004) was addressing the matter of the Singapore Swiftie in a press conference conducted as part of an Asean summit held, unusually, in Melbourne: “A deal was reached.  And so it has turned out to be a very successful arrangement.  I don't see that as being unfriendly” Mr Lee said, confirming an “incentive” had been paid to secure the deal.  That matter had already attracted interest but the Singapore Tourism Board declined to comment on the amount paid, saying the terms were “commercial in confidence” and Taylor Swift's concert promoter was just as reticent.  The math however will have been done by many and not only does the Singapore economy gain from all the visitors arriving to rent hotel rooms, buy food and catch trains but the city state benefits also from its citizens not leaving the territory, taking their money to neighboring countries to spend there.  Thus, Singapore’s gain is the loss of others and while the numbers in the estimates of the benefit gained bounce around a bit, all were in the hundreds of millions of US dollars.

Pulling a swiftie on X (when it was known as Twitter)?

Lindsay Lohan’s tweet to Taylor Swift on 14 December 2020 contained no message but it nevertheless garnered some 8K retweets, 53K Likes and over 1000 responses.  Neither sender nor recipient have ever commented but Twitter's deconstructionists pondered this postmodern message and concluded: "Lindsay Lohan is a Swiftie."

Plenty of touring acts will have noted all of this and while few have anything like the drawing power of Dr Swift, doubtless most will have suggested promoters add the Singapore Swiftie to their negotiating toolbox, the hope being that in playing countries & cities off against each other, a bidding war will ensue; certainly, for decades, the approach has worked well for operators like the IOC (International Olympic Committee), FIFA (Fédération internationale de football association) and Formula One.  Hopefully there’s also a linguistic legacy and in the jargon of law and commerce, the dull & boring “exclusivity clause” will be replaced by the exciting and attractively alliterative “Singapore Swiftie”.

Wednesday, November 22, 2023

Unconscionable

Unconscionable (pronounced un-kno-shon-ible)

(1) Not guided by conscience; unscrupulous.

(2) Not in accordance with what is just or reasonable:

(3) Excessive; extortionate, imprudent or unreasonable

1560s: The construct was un- + conscionable.  The un- prefix was from the Middle English un-, from the Old English un-, from the Proto-West Germanic un-, from the Proto-Germanic un-, from the primitive Indo-European n̥-.  It was cognate with the Scots un- & on-, the North Frisian ün-, the Saterland Frisian uun-, the West Frisian ûn- &  on-, the Dutch on-, the Low German un- & on-, the German un-, the Danish u-, the Swedish o-, the Norwegian u- and the Icelandic ó-.  It was (distantly) related to the Latin in- and the Ancient Greek - (a-), source of the English a-, the Modern Greek α- (a-) and the Sanskrit - (a-).  Conscionable was from the Middle English conscions (the third-person singular simple present indicative form of conscion), an obsolete variant of conscience, + -able.  The suffix -able was from the Middle English -able, from the Old French -able, from the Latin -ābilis (capable or worthy of being acted upon), from the primitive Indo-European i-stem forms -dahli- or -dahlom (instrumental suffix); it was used to create adjectives.  Conscience was from the Middle English conscience, from the Old French conscience, from the Latin conscientia (knowledge within oneself), from consciens, present participle of conscire (to know, to be conscious (of wrong)), the construct being com- (together) + scire (to know).  The suffix -able was from the Middle English -able, from the Old French -able, from the Latin -ābilis (capable or worthy of being acted upon), from the primitive Indo-European i-stem forms -dahli- of -dahlom (instrumental suffix); it was used to create adjectives.  Unconscionable is an adjedtive, unconscionableness is a noun and unconscionably is an adverb; the noun plural is unconscionabilities.

Like disgruntled, unconscionable is one of those strange words in English where the derivation has flourished while the source word is effective extinct.  That said, English is defined and constructed by being used and the word conscionable (in accordance with conscience; defensible; proper) remains good English; it has merely faded from use and is described by some dictionaries as obsolete, archaic or at least, since the eighteenth century, a fossilized form of its surviving negative: unconscionable. Conscionable in the 1540s meant "having a conscience", the meaning expanding by the 1580s to refer to actions "consonant with right or duty" and by the 1640s to persons, "governed by conscience".  The Oxford English Dictionary (OED) notes both conscious & conscioned were probably popular formations from conscion, taken as a singular of conscien-ce by a misapprehension of the "s" sound as a plural inflection. The related form was (and is) conscionably.

Unconscionability in the law

Unconscionability is a legal doctrine (most often applied in contact law) which permits courts to strike-out or write-down clauses or agreements which are unduly harsh or so grossly unfair that that it would offend legal principles for them to be enforced.  When a court uses the word "unconscionable" to describe conduct, it means the conduct does not conform to the dictates of conscience as defined in law; it makes no judgment about whether they are at variance with other ethical constructs (although there will often be overlap).  In addition, when something is judged unconscionable, a court will refuse to allow the perpetrator of the conduct to benefit.  If need be, entire contracts can be set-aside or declared void, even if they are otherwise constructed wholly in conformity with the rules of contract.  A contract therefore can be found to be "legal" yet still be voided because it's held to be unconscionable in the same way a contract (for example an agreement between two parties in which one is paid to murder a third part can be held to be a "legal contract" yet be declared  "void for illegality".

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.  

Unconscionability is determined by examining the circumstances of the parties when the contract was made; these circumstances may include the bargaining power, age, and mental capacity of the parties and the doctrine is applied only where it would be an affront to the integrity of the judicial system to enforce a contracts.  At law, as in moral theology, the concept of unconscionability is probably absolute; something is either unconscionable or not.  However, cases are considered on their merits and the circumstances in which the unconscionable arose might color the detail of a judge’s verdict.

Portrait of King Charles II in his Garter robes (circa 1667), oil on canvas by Sir Peter Lely (1618-80).

The Most Noble Order of the Garter, an order of chivalry and the senior order of knighthood in the UK’s honors system, was founded by Edward III (1312–1377; King of England 1327-1377).  Appointments are exclusively in the gift of the sovereign and limited to two dozen living members (apart from royal appointees).  The Garter was of great significance to Charles II (1630–1685; King of Scotland 1649-1651, King of Scotland, England and Ireland 1660-1685) as it had been his father, Charles I (1600–1649; King of England, Scotland & Ireland 1625-1649) who awarded it as something symbolic of the binding tie with his favored aristocrats.  For Charles II, as the only dignity he was able to confer upon his adherents while in exile during the interregnum (1649-1660), it was a potent symbol, proof the King still retained the mystique and the power of monarchy.  Charles II suffered a sudden apoplectic fit on the morning of 2 February 1685 and his doctors expected him to have the decency to die within the hour.  Instead he lingered another four days before expiring and just before, he apologised to those around him, his last words being:You must pardon me, gentlemen, for being a most unconscionable time a-dying.”  In this, as in many other things, he was unlike his father Charles I, who died suddenly, executed by having his head cut off.

Wednesday, February 22, 2023

Hot Dog

Hot dog (pronounced hot-dawg)

(1) A frankfurter.

(2) A sandwich consisting of a frankfurter (or some sort of sausage of similar shape) in a split roll, eaten usually with (1) mustard, sauerkraut & relish or (2) mustard & ketchup.

(3) Someone who performs complex, showy, and sometimes dangerous manoeuvres, especially in surfing or skiing (hotdogging sometimes a defined class in competition).

(4) Someone thought a show-off, especially in sporting competition.

(5) In informal use, an expression of joy, admiration or delight (occasionally also used ironically in the manner of “that’s great”).

(6) In New Zealand, a battered, deep-fried sausage or saveloy on a stick (essentially the same concept as the US corn dog and the Australian Dagwood dog).

(7) In slang, the human penis, a variation of which is the “man sausage”.

(8) In slang, a sexually suggestive physical gesture involving hip movement (usually as hotdogging).

1894: A coining in US English for commercial purposes, the idea being the vague resemblance of the sausage to a dachshund dog, the “hot” from the traditional use of mustard as a condiment although there’s evidence the early suspicion some hot dogs included actual canine meat weren’t entirely without foundation.  The use as (1) an interjection expressing joy, admiration or delight was another US creation dating from around the turn of the twentieth century (the circumstances unknown) and (2) a descriptor of someone who performs showy, often dangerous stunts was also an Americanism from the same era.  It seems to have begin in sport and is still widely used but has become best known for its use in skiing and surfing where it’s institutionalized to the extent some competitive categories have been named thus.  The variation “hot diggety dog” (also clipped to “hot diggety” was used in the same sense as the interjection “hot dog”, the interpolated “diggety” there for emphasis and rhetorical effect.  The slang synonyms (mostly in the US and not applied exclusively to hot dogs) have included “tubular meat on a bun”, “frank”, “frankfurt”, “frankfurter”, “glizzy”, “pimp steak”, “tube steak”, “wiener”, “weeny”, “ballpark frank”, “cheese coney”, “cheese dog”, “Chicago-style”, “Chicago dog”, “chili dog”, “Coney Island”, “corndog”, “footlong”, “junkyard dog”, “not dog”, “pig in a blanket”, “steamie” “veggie dog” & “frankfurter in a bun”.  In informal use, both single word contractions (hotdog) and hyphenated forms (hot-dog, hot-dogger etc) are common and “hot dog!” as an interjection is heard in the US, especially south of the Mason-Dixon Line.

Extra mustard: Lindsay Lohan (during "brunette phase") garnishing her hot dog, New York, 2010.

The construct was hot + dog.  Hot was from the Middle English hot & hat, from the Old English hāt, from the Proto-Germanic haitaz (hot), from the primitive Indo-European kay- (hot; to heat) and was cognate with the Scots hate & hait (hot), the North Frisian hiet (hot), the Saterland Frisian heet (hot), the West Frisian hjit (hot), the Dutch heet (hot), the Low German het (hot), the German Low German heet (hot), the German heiß (hot), the Danish hed (hot), the Swedish het (hot) and the Icelandic heitur (hot).  Dog was from the Middle English dogge (source also of the Scots dug (dog)), from the Old English dogga & docga of uncertain origin.  Interestingly, the original sense appears to have been of a “common dog” (as opposed one well-bred), much as “cur” was later used and there’s evidence it was applied especially to stocky dogs of an unpleasing appearance.  Etymologists have pondered the origin:  It may have been a pet-form diminutive with the suffix -ga (the similar models being compare frocga (frog) & picga (pig), appended to a base dog-, or doc-(the origin and meaning of these unclear). Another possibility is Old English dox (dark, swarthy) (a la frocga from frog) while some have suggested a link to the Proto-West Germanic dugan (to be suitable), the origin of Old English dugan (to be good, worthy, useful), the English dow and the German taugen; the theory is based on the idea that it could have been a child’s epithet for dogs, used in the sense of “a good or helpful animal”.  Few support that and more are persuaded there may be some relationship with docce (stock, muscle), from the Proto-West Germanic dokkā (round mass, ball, muscle, doll), from which English gained dock (stumpy tail).  In fourteenth century England, hound (from the Old English hund) was the general word applied to all domestic canines while dog referred to some sub-types (typically those close in appearance to the modern mastiff and bulldog.  By the sixteenth century, dog had displaced hound as the general word descriptor. The latter coming to be restricted to breeds used for hunting and in the same era, the word dog was adopted by several continental European languages as their word for mastiff.  Unmodified, the English Hot Dog has been borrowed by dozens of languages.  Hot dog is a noun, verb & adjective, hotdoggery & hotdogger are nouns, hotdogging & hotdogged are verbs; the noun plural is hot dogs.

For the 2016 Texas State Fair, the manufacturer went retro, reviving the "Corny Dog" name although, in a sign of the times, vegetarian dogs were available.

The corn-dog (a frankfurter dipped in cornmeal batter, fried, and served on a stick), although the process was patented in 1927, seems to have come into existence between 1938-1942 (the sources differ with most preferring the latter) but it received a lexicographical imprimatur of when it began to appear in dictionaries in 1949 and it was certainly on sale (then as the “corny dog”) at the 1942 Texas State Fair.  In Australia, the local variation of the US corn dog is the Dagwood dog (a batter-covered hot dog sausage, deep fried in batter, dipped in tomato sauce and eaten off a wooden stick), not to be confused with the “battered sav”, a saveloy deep fried in a wheat flour-based batter (as used for fish and chips and which usually doesn’t contain cornmeal).  The Dagwood Dog was named after a character in the American comic strip Blondie.  Dagwood, Blondie’s ineptly comical husband, did have a dog albeit not one especially sausage-like and it may simply have been it was at the time the country’s best known or most popular cartoon dog.

The hot dog as class-identifier: David Cameron showing how the smart set handle a hot dog while on the campaign trail, April 2015.

After leaving Downing Street, Harold Macmillan (1894–1986; UK prime-minister 1957-1963) visited Lyndon Johnson (LBJ, 1908–1973; US president 1969-1969) in the White House and was served lunch, a meal the former prime-minister found so remarkable that in his six-volume memoirs it warranted a rare exclamation mark: "Hotdogs!"  He didn’t comment further but it’s assumed his experience of the culinary treat must have been the Old Etonian’s first and last.  The hot dog certainly can be political, David Cameron (b 1966; UK prime-minister 2010-2016 and another Old Etonian) attracting derision after being photographed eating his hot dog with knife and fork, something declared “out-of-touch” by the tabloid press which, while usually decrying the class system, doesn’t miss a chance to scorn toffs behaving too well or chavs too badly.  Cameron had other problems with takeaway snacks, caught being untruthful about his history of enjoying Cornish pasties, another working class favourite.  So it would seem for politicians, hot dogs are compulsory but only if eaten in acceptable chav style.

Barack Obama (b 1961; US president 2009-2017) and David Cameron eating hot dogs (both in approved manner) at a college basketball game between Mississippi Valley State and Western Kentucky, Dayton Arena, Ohio, March 2012 (Western Kentucky won 59-56) (left) and UK Labour Party politician Ed Miliband (b 1969) enjoying what came to be known as "the notorious bacon sandwich moment", May 2014 (right).  Mr Miliband didn't attend Eton and some of his high school education was undertaken in the US so presumably he knows how to handle a hot dog.  If so, he has no excuse because a toastie is less challenging. 

Curiously, Mr Cameron, had some three years earlier undergone "hot dog eating training", supervised by President Obama, noted for his expertise (both theoretical and practical) in the subject.  So he knew how it should be done and immediately there was speculation he resorted to knife & fork to avoid any chance of something like Ed Miliband's "notorious bacon sandwich moment", something which had resulted in ridicule and a flood of memes after the photograph was published in Rupert Murdoch's (b 1931) tabloid The Sun on the eve of the 2015 general election.

Peter Dutton (b 1970; leader of the Liberal Party of Australia 2022-2025) enjoying a Dagwood Dog (in approved bogan manner), Brisbane Exhibition (Ekka), Australia, 2022 (left) and Lena Katina (b 1984) sucking on a popsicle (band-mate Julia Volkova (b 1985) looking sceptical) in a publicity shot for t.A.T.u., Moscow, 2002 (right).

On seeing the photo, Mr Dutton observed of such things: "There is no good angle" and one can see his point but he need not be apologetic about his technique because, as Ms Katina demonstrated, his method was immaculate.  Looking damnably like a neon-green hotdog, the shapes of the two snacks essentially are identical so they're eaten in a similar manner.  In Australia, it’s probably good for a politician to be known to eat Dagwood dogs but not necessarily be photographed mid-munch.  Interestingly, despite many opportunities, Mr Dutton has never denied being a Freemason.  Promoted as a pair of lesbian schoolgirls, t.A.T.u. (1999-2011) was a Russian pop cum electronica act, best remembered for being denied their deserved victory in the 2003 Eurovision Song Contest because of obvious irregularities in the voting; that the duo were neither lesbians nor schoolgirls was not the point.  Music critics and political scientists all agree Mr Putin (Vladimir Vladimirovich Putin; b 1952; president or prime minister of Russia since 1999) was probably a (secret) fan and it may be even comrade Stalin (1878-1953; Soviet leader 1924-1953) might have enjoyed the tunes; he liked music he could whistle and t.A.T.u.'s melodic qualities would have appealed.  On the basis of their political views, comrade Stalin might (while whistling along) have sent them to the Lubyanka (the old KGB headquarters on Moscow's Lubyanka Square) or the Gulag but never would he have accused them of formalism.  

Instinctively, Jacqui Lambie (b 1971, senator for Tasmania, 2014-2017 and since 2019) can sense the populist potential in an image and in 2019 posted an appropriately captioned one of her enjoying a Dagwood Dog at the Autumn Festival in Tasmania’s Derwent Valley.  Historically, in Tasmania, these were sold as “Pluto Pups” but “Dagwood Dog” is now commonly used.  As this illustrates, Mr Dutton's technique was correct so it's good Senator Lambie and Mr Dutton can agree on something.

The Dagwood dog was responsible for an amusing footnote in Australian legal history, a dispute from the 1949 Sydney Royal Easter Show played out in the Supreme Court of New South Wales in its equity jurisdiction, the press reports at the time noting one happy outcome being an “uninterrupted supply of hot dogs during the next few days.”  Hot dogs were one of the show’s big sellers but a dispute arose when allegations were made there had been breaches of letters patent for "improvements in sausage goods" giving the patentees (who sold “Pronto Pups”) "exclusive enjoyment and profit within Australia for sixteen years from September, 1946.  The plaintiffs (holders of the patent), sought an injunction against those who had begun selling “Dagwood Dogs" at the show, preventing them from vending or supplying any of the improvements in sausages described in the patent, the writ claiming Dagwood dogs embodied the patented improvements and that as a consequence of the infringement, the plaintiffs were suffering economic loss.  The trial judge, ordered a hearing for an assessment (a taking of accounts) of damages to be scheduled for the following April and issued a temporary order requiring the defendants undertook to pay into a trust account the sum of ½d (half a penny) for each for each axially penetrated sausage sold.  The culinary delight has since been a fixture at city and country shows around the country although the name Pronto Pup didn’t survive; after the judgment in the Supreme Court it was replaced by “Pluto Pup” which also didn’t last although whether that was a consequence of a C&D (“cease & desist letter”) from Walt Disney’s lawyers isn’t known.  Anyway, since then it’s been Dagwood dogs all the way except in South Australia (proud of their convict-free past, they often do things differently) where they’re knows as “Dippy Dogs” (an allusion to the generous dip in the tomato sauce pot) which may be of Canadian origin, although there. in at least some provinces, they’re sold as “Pogos”.

Robert Mitchum (1917–1997) paying attention to what Marilyn Monroe (1926–1962) is saying.

There are a number of “hot dog” stories about the film star Robert Mitchum, all told in the vein of him arriving at a Hollywood fancy-dress party covered in tomato ketchup and when asked to explain replying: “I’m a hot dawg!”.  That was representative of the sanitized form in which the tale was usually published, the original apparently involved the ketchup being applied to something which, anatomically, more resembled the hot dog’s sausage.

Zimbabwe's T20 cricket team, winners of the inaugural Women's T20 cricket tournament at the 13th African Games, Accra, Ghana, March 2024.

Hotdog Stand color scheme, Microsoft Windows 3.1, 1992.

The industry legend is the “Hotdog Stand” color scheme Microsoft in 1992 shipped with Windows 3.1 was the winner of an informal contest between the designers to see who could concoct the worst possible combination.  Whether or not the competition was alcohol-fueled depends on which version of the story is told but all agree the winner based her entry on a vision of a hot dog, smothered in mustard and ketchup.  It’s doubtful many deliberately chose “Hotdog Stand” as their default scheme although there were certainly sysadmins (system administrators) who vengefully would impose it on annoying users, the more vindictive adding insult to injury by ensuring the user couldn’t change it back.  However, Hotdog Stand did briefly find a niche because it turned out to be the scheme which provided the best contrast on certain monochrome monitors, then still prevalent in corporations.  Windows 3.1 was the first version of the environment (it ran on the PC/MS/DR-DOS operating system) to attain wide corporate acceptance, whereas Windows 3.0 (1990) had tantalized while being still too unstable.  Windows 3.0 was unusual in being (apart from the short-lived 1.0) the only version of Windows released in a single version.  Although it ran in three modes: Real (on machines with only 640K RAM), Standard (requiring an 80286 CPU & 1 MB RAM) and Enhanced (requiring an 80386 CPU & 2 MB RAM), it shipped as a single product, the user with a command line switch (/r, /s or /e respectively) able to "force" the mode of choice, depending on the hardware in use.  Real mode didn't make it into Windows 3.1 and v3.11 ran exclusively as "Enhanced" so, in a sense, "Enhanced" had become standard.

2016 Maserati GranTurismo MC. 

Microsoft's Hotdog Stand scheme didn’t survive the August 1995 transition to Windows 95 but a quarter of a century on, someone may have felt nostalgic because a buyer of a 2016 Maserati GranTurismo MC configured their car in bright yellow (Giallo Granturismo) over leather trim in red (Rosso Corallo).  As eye-catching in 2016 as Microsoft's Hotdog Stand had been in 1992, the Maserati’s recommended retail price was US$163,520.  Displayed first at the 2007 Geneva Motor Show, the GranTurismo (Tipo M145) remained in production until 2019, the MC Sport Line offered between 2012-2019; it's not known how many buyers chose this color combination.  The OEM (Original Equipment Manufacturer) wheels were all-black but on this MC were replaced with two-tone 21 & 22 inch Forgiato S201 ECL units in black and yellow on which were mounted Pirelli P Zero tyres (255/30-21 front & 315/25-22 rear).  Finishing the wheels in red and yellow might nicely have augmented the hot dog vibe but between the spokes Maserati's red brake calipers can be seen.  For the right buyer, this was the perfect package.

Juan Manuel Fangio, Maserati 250F, German Grand Prix, Nürburgring, August, 1957.

It’s drawing a long bow but the vivid combo may have be picked as a tribute to the Maserati 250F with which Juan Manuel Fangio (1911–1995) won the 1957 German Grand Prix at the Nürburgring, an epic drive and his most famous.  Fangio was Scuderia Alfieri Maserati’s team leader and a splash of yellow was added to the nosecone of his 250F so easily it could be identified, the color chosen because it was one of the two allocated to his native Argentina.  The 250Fs of the other team members also had nosecones painted in accordance with the original international auto racing colours standardized early in the century, American Harry Schell (1921–1960) in white and Frenchman Jean Behra (1921–1959), blue, all atop the factory’s traditional Italian red.

Chart of the standard semaphore alphabet (top left), a pair of semaphore flags (bottom left) and Lindsay Lohan practicing her semaphore signaling (just in case the need arises and this is the letter “U”), 32nd birthday party, Mykonos, Greece, July, 2018 (right).

Semaphore flags are not always red and yellow, but the colors are close to a universal standard, especially in naval and international signalling.  There was no intrinsic meaning denoted by the use of red 7 yellow, the hues chosen for their contrast and visual clarity, something important in maritime environments or other outdoor locations when light could often be less than ideal although importantly, the contrast was sustained even in bright sunshine.  Because semaphore often was used for ship-to-to ship signalling, the colors had to be not only easily distinguishable at a distance but not be subject to “melting” or “blending”, a critical factor when used on moving vessels in often pitching conditions, the operator’s moving arms adding to the difficulties.  In naval and maritime semaphore systems, the ICS (International Code of Signals) standardized full-solid red and yellow for the flags but variants do exist (red, white, blue & black seem popular) and these can be created for specific conditions, for a particular cultural context or even as promotional items.

L-I-N-D-S-A-Y-space-L-O-H-A-N spelled-out in ICS (International Code of Signals) semaphore.  One cannot predict when this knowledge will come in handy.

Green & yellow alternatives: Saint Patrick's Day hot dog (left) and vegan hotdog (right). 

Although the ketchup and mustard combination is most associated with the hot dog, not all hot dogs are in a theme of red & yellow, the most common alternative formations being green & yellow.  Some of these are seasonal and created for the cultural & religious holiday celebrated as Lá Fhéile Pádraig (literally “the Day of the Festival of Patrick” and often described as the “Feast of Saint Patrick”) which marks the death of Saint Patrick (circa385–circa 461), the foremost patron saint of Ireland and missionary who converted the Island from paganism to Christianity.  Others are usually vegetarian or vegan hot dogs and green components, while not essential, often are added as a form of virtue-signaling. 

1981 Chevrolet Corvette: 190 horsepower (HP). 

The 2016 Maserati GranTurismo was certainly distinctive but strange color-combos are sometimes seen although in recent decades, factories have restricted not only the ranges offered but also the way they can be combined.  The 1981 Chevrolet Corvette (above) definitely didn’t leave the assembly line in yellow & green; that season, yellow (code 52) was available but there was no green on the color chart and while two-tone paint was a US$399.00 option, the only choices were Silver/Dark Blue (code 33/38); Silver/Charcoal (code 33/39); Beige/Dark Bronze (code 50/74) & Autumn Red/Dark Claret (code 80/98).  After taking in the effect of the yellow/green combo, the camel leather trim (code 64C/642) seems anti-climatic.

2025 John Deere 9900 Self-Propelled Forage Harvester: 956 HP.

Modern harvesters are machines of extraordinary efficiency, one able in an hour to reap more than what would once have taken a large team of workers more than a day.  Mechanized harvesters were an early example of the way technology displaces labor at scale and because historically women were always a significant part of the harvesting workforce, they were at least as affected as men.  The development meant one machine operator and his (and they were almost exclusively men) machine could replace even dozens of workers, something which profoundly changed rural economies, the participation of the workforce engaged in agriculture and triggered the re-distribution of the population to urban settlements.  Artificial intelligence (AI) is the latest innovation in technology applied to agriculture as just a one operator + machine combo replaced dozens of workers, multiple machines now go about harvesting with an AI bot handling the control and a dozen or more of these machines can be under the supervision of a single individual sitting somewhere on the planet, not so much controlling the things and monitoring for errors and problems.  Removing the on-site human involvement means it becomes possible to harvest (or otherwise work the fields) 24/7/365 without concerns about intrusions like light, the weather or toilet breaks.  Of course people remain involved to do tasks such as repairs, refueling and such but AI taking over many of these roles may be only a matter of time.

Maybe the Corvette's repaint was ordered by a fan of John Deere’s highly regarded farm equipment because JD’s agricultural products are always finished in a two-tone yellow/green (their construction equipment being black & yellow).  For the 1981 Corvette, a single engine was offered in all 50 states, a 350 cubic inch (5.7 litre) small-block V8 designated L81 which was rated at the same 190 HP (142 kW) as the previous season’s base L48; no high-output version was now available but the L81 could be had with either a manual or automatic transmission (it would prove to be the last C3 Corvette offered with a manual).  Glumly though that drive-train might have been viewed by some who remembered the tyre-smoking machines of a decade-odd earlier, it would have pleased buyers in California because in 1980 their Corvettes received only the 305 cubic inch (5.0 litre) V8 found often in pick-up trucks, station wagons and other utilitarian devices; to them the L81 was an improvement and one which seemed to deliver more than the nominal 10 HP gain would have suggested.  The L81’s 190 HP certainly wouldn’t impress those in the market for John Deere’s 9900 Self-Propelled Forage Harvester, powered by a 1465 cubic inch (24 litre) Liebherr V12, rated at 956 HP (713 kW), the machine available only in the corporate two-tone yellow & green.  Like Corvettes (which have tended to be quite good at their intended purpose and pretty bad at just about everything else), harvesters are specific purpose machines; one which is a model of efficiency at gathering one crop will be hopelessly inept with another and in that they differ from the human workforce which is more adaptable.  However, where there is some similarity in the plants, it can be possible for the one basic machine to be multi-purpose, the role changed by swapping the attachable device which does the actual picking or gathering.

1955 Studebaker Speedster (of the 2,215 Speedsters, a solid 763 were finished in the eye-catching combination of Hialeah Green & Sun Valley Yellow, left) and some ingredients for chef Jennifer Segal's (b 1974) succotash in cast iron skillet while in the throes of preparation (right).  Ms Segal’s succotash may be the finest in the world.

Lest anyone think a green and yellow Corvette is just a uniquely 1980s lapse of taste, in previous decades, in fashion and on the highways, things were often more colourful than the impression left by so much of the monochrome and sepia prevalent in the photographic record until later in the twentieth century.  With roots in a family business which in the late eighteenth century began building horse-drawn wagons, following a near-bankruptcy during the Great Depression (the corporation saved by the financial skills of Lehman Brothers (1850-2008), Studebaker emerged from World War II (1939-1945) in good financial shape and was the first US auto-maker to release a genuinely new range of post-war models, the style of which would remain influential for a decade.  Unfortunately, for a variety of reasons, the company’s next twenty years were troubled and by the mid-1960s were out of the car business, something which at the time surprised few, the only curiosity being it “…took an unconscionable time a-dying”.

1955 Studebaker Speedster: The shade of the quilted leather was listed as Congo Ivory (although collectors seem to refer “pineapple yellow”) and the diamond motif was the theme for most of the interior fitting including the engine-turned aluminium facia panel which housed what by far the US industry’s most functional (if not most imaginative) gauge cluster.

There were though in those final years a few memorable flourishes, one of which was the 1955 Speedster, produced for just one season as a flagship.  It was a blinged-up version of the President State hardtop coupe, part of a range which at the time was praised for its Italianesque lines and had it be able to be sold at a more competitive price, it may have survived to remain longer in the catalogue.  In 1955, all Studebaker’s passenger vehicles benefited from a lavish (even by Detroit’s mid-1950s standards) application of chrome and the Speedster’s front bumper is strikingly similar in shape to the “rubber bumper” added in 1974 to the MGB (1962-1980) as a quick and dirty solution to meet US front-impact regulations; it’s doubtful British Leyland’s stylists were influenced by the sight of the Speedster.

1979 Rolls-Royce Silver Wraith II in Champagne & Highland Green over color-coordinated leather.

Such was the American fondness for the “John Deere vibe” that at least one American buyer ordered a Rolls-Royce in the yellow-green combo (Champagne & Highland Green on the R-R color chart).  Re-using the name from the saloon (1946-1958) which was the first post-war Rolls-Royce (and the last of its six-cylinder cars), the Silver Wraith II (1976-1980) was a long-wheelbase (LWB) version of the Silver Shadow (1965-1980), the company’s first car to abandon the traditional chassis and use a unitary body.  Introduced in 1976 as a companion of the revised Silver Shadow II, the “LWB Silver Shadow” concept was not new because the factory had since 1967 built such things, the model added to the general production schedule in 1969.  The additional 4 inches (100 mm) in length was allocated wholly to the rear compartment so the legroom was greater although if the optional divider was fitted this was sacrificed to the structure and the space was the same as a Silver Shadow.  Rolls-Royce had before re-named what was essentially an existing model, the Corniche (1971-1995) a re-branding of the two-door (saloon (coupé) & DHC (drophead coupé, the factory later joining the rest of the planet and naming the convertibles)) versions of the Sliver Shadow which were between 1965-1971 built by MPW (Mulliner Park Ward) (the count: 571 Rolls-Royce saloons & 506 convertibles and 98 Bentley saloons & 41 convertibles).  The Everflex (an expensive, heavy-duty vinyl) covering on the Silver Wraith II’s roof was an aesthetic choice (the vinyl roof inexplicably popular in the era) and not a way of disguising seams in the metal.  Unlike some coach-builders which extended sedans to become limousines and hid the welds with vinyl, Rolls-Royce did things to a higher standard.

If offered for sale in the US, this particular Silver Wraith II might appeal to supporters of sporting teams which use the green-yellow combo for the players' kit.  That includes the Green Bay Packers, a professional American football team based in Green Bay, Wisconsin, which compete in the National Football League (NFL) as a member of the National Football Conference's (NFC) North division.  Established in 1919, the Packers are the NFL's third-oldest franchise and are unusual to the point of uniqueness in being the only non-profit, community-owned major league professional sports team based in the US, holding the record for the most wins in NFL history.  There is also the Oregon Ducks, the University of Oregon's college football team, which competes at National Collegiate Athletic Association's (NCAA) Division I level in the Football Bowl Sub-division (FBS) and is a member of the Big Ten Conference (B1G).  Unfortunately, the team is no longer known as the Webfoots, the Ducks moniker adopted in the mid-1960s.  The green & yellow of the Ducks has some prominence in the sportswear market because of a close association with Oregon-based manufacturer Nike.   

Joey Chestnut (b 1983) (left) and Miki Sudo (b 1986) (right) the reigning men's and women's world champions in hot dog eating.  The contest is conducted annually on 4 July, US Independence Day.

In July 2022, Mr Chestnut retained and Ms Sudo regained their titles as world champions in hot dog eating.  Mr Chestnut consumed 15 more than the runner-up so the victory was decisive although his total of 63 was short of his personal best (PB) of 76, set in 2021.  It’s his fifteenth title and he has now won all but one of the last sixteen.  Ms Sudo won her eighth championship, swallowing forty hot dogs (including the bun) in the requisite ten minutes, meaning she has now prevailed in eight of the last nine contests (in 2021 she was unable to defend her title, being with child and therefore thinking it best to avoid too many hot dogs).  That there are hot dog eating champions brings delight to some and despair to others. 

Otto von Bismarck (1815-1989; chancellor of the German Empire 1871-1890) famously observed that people "shouldn't see how laws or sausages are made".  The processes (now effectively institutionalized) which produce legislation are now more disturbing even than in the iron chancellor's gut-wrenching times but sausage production has (generally) become more hygienic.

BMW's venture into the "hotdog look", the K1.

Between 1988–1993, BMW produced almost 7,000 K1s.  It was a modest volume and lifespan but the appearance and specification were quite a departure for the company which for sixty-odd years had built its reputation with air-cooled flat twins, packaged in designs which while functionally efficient offered few concessions to fashion.  That began to change in 1973 when the R90S appeared with a small bikini fairing in the style then favored by the “café racer” set but the rest of the machine remained in the sober Teutonic tradition, finished in a conservative silver (a more exuberant “Daytona Orange” would later be offered).  The fairings grew in size in subsequent models but never before the K1 did the factory produce anything so enveloping as was first seen at the 1988 Cologne Show, the effect heighted by the bold graphics and the choice of color schemes being blue & yellow or a hotdog-like red & yellow.  Inevitably, the latter's eye-catching combo picked up the nickname Ketchup und Senf (Ketchup and Mustard) but on BMW’s color chart they were listed as Marakeschrot (Marrakesh Red, code 222) and Ginstergelb (Broom Yellow, code 230).  The “broom” referenced is the shrub plant (related and visually similar to gorse) with distinctive, bright yellow flowers, not the device used for sweeping.  The look attracted almost as much comment as the mechanical specification which used an in-line four cylinder, 987 cm3 (60 cubic inch) liquid-cooled engine, mounted in an unusual longitudinal arrangement with the crankshaft to the right, something which delivered a low centre of gravity and contributed to the drag coefficient (CD) of .34 (with rider prone).

The original alternative to the hotdog, in blue & yellow, restrained by comparison.

The engineering was innovative and the K1 garnered many awards but after some initial enthusiasm sales waned and in 1991 the color scheme was not so much toned-down as re-toned, a more Germanic look (black metallic with silver wheels) offered which was less distinctive but also less controversial.  That solved one aesthetic challenge but others were more fundamental, the thing too big and heavy to be a “sports bike” in the accepted sense and all that fibreglass meant it could get very hot for both components and rider, a problem the factory, with some improvised engineering, ameliorated but never wholly solved.  What couldn’t be fixed was the lack of power, BMW at the time committed to the voluntary 100 HP (75 kW) limit for motorcycles sold in Germany and while the industry leading aerodynamics made the machine a creditable high-speed cruiser, as a “super-bike” in the manner of the Japanese and Italian machines, it simply wasn’t competitive; fifty years on, at least on two wheels, power dynamics within the Axis had shifted south and east.