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Likelihood of Success

Up the escalator at the 53rd Street station

Success is hard to define.  We think we know it when we see it.  But we seldom do.  In fact, more often than not we actually misidentify things such as material abundance, popularity or power “success.”  They can in fact be correlative with success, but they are not success or even necessarily proof of success.

Bus stop in December

Thankfully as we get older this becomes more and more intuitive to us.  We learn to focus our inquiry when thinking about success.  The old maxim that “no man is a hero to his valet” reminds us that we are all ultimately only human, and the march of mortality as well prevents any illusion to the contrary from lodging with any degree of sustained firmness in any but the most unsuccessfully matured mind.  So we come to realize there are a lot of ways to define to success, to measure it, and to weigh it in terms of the overall picture of what or who it is we’re considering.

We also, it is to be hoped, stop fearing failure, and learn what it is there for, and how there is no success without it.Rockefeller Center

Now, this blog’s title is an allusion to one of the criteria used by courts to decide whether or not to issue a preliminary injunction in a civil litigation matter.  Typically the elements weighed by a judge are (a) a balancing of harms as between what will happen if an injunction does issue, compared to if it does not; (b) whether the harm sought to be prevented is “irreparable harm”–meaning the relief sought is the only way to compensate the party seeking it or whether plain old money will do the trick without too much guesswork or speculation regarding the harm done; (c) a consideration of whether the issuance of the injunction will be in the public interest and (d) whether the party seeking the injunction can show its likelihood of success on the merits of the underlying legal claim.

Arizona through the window of the Phoenix federal courthouse This last element requires a judge to do a quick once-over of “the case” presented to him and evaluate whether the party seeking the injunction has put forth a plausible and appropriately authenticated prima facie factual set of claims which, in the framework of the applicable legal doctrines set out by the plaintiff, looks like a winner.  Typically along with the issuance of a preliminary injunction, a court will require the plaintiff to post a bond, so that if something material turns out to have been misrepresented or misunderstood and harm results to the enjoined party, the court knows that party has recourse to the bond for compensation.

Blogging, however, does not require such profound undertakings.  I liked the name Likelihood of Success for this blog because it seemed like a nice assertion of confidence in light of my having been, albeit as it turned out temporarily, made to feel very unwelcome at Dean’s World, where I did all my non-legal blogging at the time.  It also made a nice twin to my law blog, LIKELIHOOD OF CONFUSION®, and, well, I owned the domain name already.Deux Amis

But it’s just a blog, after all; I don’t have to post a bond if I’m wrong about whether it will be a success.

I will for a change limit the extent of the self-indulgence here and say that very few bloggers not named Michelle Malkin would be dissatisfied with the speed with which this blog received decent respect from established bloggers, meaningful and frequent link love that sometimes drove traffic to silly heights, raised the blogger’s name recognition to a level that I was in the mix for a coveted Pajamas TV gig for a few months, and more or less qualified as a successful undertaking—whatever on earth that means for a blog.  So what turns out is I ended up having a pretty good little run of success, at least the way I defined it when I first thought about it.Wall of Honor, Passaic City Hall

What I didn’t figure on was that I, the blogging party, would be the one seeking relief.

Two blogs are too much for me.  And this one can’t really be justified as a demand on my time—call it a balance of harms, or benefits, or something.  And let’s not even talk about the “public interest.”

Continuing to advance this blog “further” up the “curve” of whatever it is I was doing with it would have required a sustained, intensive investment in time I am no longer in the position to make; a commitment to hewing to pretty clearly delineated political and topical positions that I happen not to be interested in assuming just to please certain power brokers in the blogosphere; and the kind of blogging you do when you’re really interested in traffic per se, which is not usually such good blogging.Macy*s

Really, to have more “success” with Likelihood of Success, I would have to figure out why the world needs just another general topic blog by another clever loudmouth and, after realizing it doesn’t, do the things people who want to be big-shot bloggers for some reason do in order to constantly draw attention and traffic and whatever (we know it’s not money) to themselves.

And yeah!  What exactly do you get if you achieve this “success”?  It’s like the joke they tell about the person who supposedly turned down the offer of a partnership in one of the elite law firms.  “No thanks,” he said.  “This is like winning a pie-eating contest where the prize is just more pie.”  I’m full, too.

Then there’s the fact that blogging may be peaking, or perhaps has already peaked.  Comments on blogs and links from blogs are in serious decline, in favor of Twitter and other ways of having topical conversations.  Combined with all these other factors, and the serial failure of a number of would-be co-bloggers to come through on their ambitions or promises to contribute, the serious question of whither general interest blogging is one more reason not to continue the dispersal of focus, energy and time that Likelihood of Success would represent.

So I am retiring this blog from the active roster.  Legacy posts will stay up.  But I am focusing my efforts as a blogger almost exclusively on LIKELIHOOD OF CONFUSION®. I still have privileges on Dean’s World if I think there’s a reason to say something else.  I’m out there.  But this successful run is over.

Thank you very, very much for it.  A little piece of me dies… but that is life.

Thank you.

Old bald guy at Yankee Stadium

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I don’t know much about the “likelihood of success on the merits” part, but I am impressed by the way another traditional element of the injunction question comes out–a little something we call “weighing of harms”:

In various countries, plaintiffs have sought court orders to halt the operation of the Large Hadron Collider at CERN near Geneva, Switzerland, with the most extraordinary of allegations: that the experiment may create a black hole that will devour the Earth.

Up until now, the various lawsuits filed against the LHC have faltered. But if the right kind of claim is filed in the proper court, a judge may soon have to face the question of whether an injunction might be needed to save the world.

That Eric Johnson knows how to get your attention.  Read the whole thing, while you still can!

Spamism

Is that the name of the language of comment spam, spoken in some weird world? Check this out, plucked out of the comments waiting for approval on my other blog:

I scanned sites on like topic, but never saw your blog. I summed it to dearies and i’ll regular reader.

I love the “dearies” part. I would love it if somewhat would tell me what radio station or remote ham radio broadcast these people are listening to in their attempts to simulate our language.

“Summed it to dearies”! That is rich.

Bottoms up

Today is the Jewish holiday of Purim. (Unlike the biblically-based Jewish holidays, this is one, like Chanuka, on which I’m allowed to blog!)

As well explained in the Book of Esther, it’s the holiday of turnabout, surprises, false identities, intrigue, perhaps some emotional legerdemain, and not a little spiritual confusion. The outcome isn’t always funny, or even fun, except perhaps in the sense of the divine comedy.Purim mesiba, mesivta, New Jersey

It all comes around in the end, though!

Guide to haters

About a month ago I published a lengthy discourse, doomed to obscurity, in which in my somewhat pedantic way I tried to tutor my Dean’s World buddy, the often open-minded Aziz Poonawala, on what he should and should not be sensitive to–in his role as Islam’s ambassador to the rest of us, I suppose–in terms of what we Juice Jews consider a “blood libel.”  It came up in the context of Charles Johnson, Aziz himself and a tale he later regretted passing on that the Israelis were preparing biological weapons:

My point is this: Antisemitism is an important element of gentile anti-Zionism. They are not the same, but those who claim that they are unrelated are, well, antisemites, actually. And when Israel is accused of committing war crimes, or preparing to; and these war crimes are redolent of medieval accusations of well-poisoning as well as the classic blood libel, you can see a certain similarity: The Jews are claimed to be agents of not only mayhem but bearers of malefaction, poision, offal into the otherwise pure nature of things. This, then, is not such a nutty analogy.

You’ve got to understand these things.  In fact, the real dedicated anti-Semites do come in all sorts of sizes and varieties, much like a can of mixed nuts left out in the August sun for a couple of weeks.  And now, thanks to Meryl Yourish, they bloggy kind have been thoroughly categorized in a new taxonomy of online little Hitlers:

Eight years ago this spring, at the height of the suicide bombings of Yasser Arafat’s terror war known as the second intifada, I started blogging about Jewish and Israeli issues. This, of course, brought out the anti-Israel crazies. I came up with a corollary to Godwin’s Law to describe these trolls: “In any internet discussion area concerning Israel, politics, or religion, the probability of anti-Semitic comments approaches one.” (In fact, I’ve seen comments threads that have absolutely nothing to do with Israel, politics, or religion still devolve into anti-Semitism and Israel-bashing, but that’s a post for another time.)

And so, based on the thousands of comments and emails I’ve read over the years, both here and on other blogs and media sites, I present The Blogger’s Guide to Anti-Semitic Comments Trolls. Below are the some of the types of anti-Israel commenters I’ve identified over the years, but the list is by no means complete.

Bloggers:  Consider yourself guided!