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Federalist Society members corresponding from the Walter F. Mondale Hall at the University of Minnesota. |
Saturday, April 10, 2004
Posted
2:45 PM
by Harry Niska
Has Professor Leiter treated VanDyke and the Harvard Law Review fairly? I think not. The Law Review is certainly entitled to publish a favorable review of a creationist or any other screed. If Leiter is concerned about the low standards met by legal scholarship, he should exhort law faculty to take responsibility for it. Whining endlessly about the poor editorial skills of ignorant law students (and attacking one of them personally) solves nothing. I have a couple of reactions: First, I think the "ID is harmful" argument only makes sense if you are talking about teaching nothing about Darwin and simply saying that everything was created and that's the end of it. I would prefer something like teaching the arguments people make about why naturalism alone is unable to explain everything (like the mathematical probabilities of spontaneous emergence of any life by random accident, or of that simple life somehow evolving into something way, way more complex) and about the problems in the scientific evidence cited as support for the theory of evolution. I think this makes students less ignorant than the way evolution was taught to me in tenth grade. Second, my point about acceptance of the philosophical position of "realism" was not really a scientific point, but more of a legal point. When those such as Leiter try to use the First Amendment as a sword to keep particular philosophical positions out of school, they tend to try to obscure the fact that they are starting from a particular philosophical precept that is no more "provable" (and thus really no less "religious") than the philosophical precepts they think are unconstitutionally religious. As for hearing something worth thinking about, I am not sure this is the page that will provide anything like that. 0 comments Friday, April 09, 2004
Posted
6:29 PM
by Harry Niska
WASHINGTON, APRIL 9, 2004. A hush fell over the city as George W. Bush today became the first president of the United States ever to be removed from office by impeachment. Meeting late into the night, the Senate unanimously voted to convict Bush following a trial on his bill of impeachment from the House. Pretty devastating to the suddenly hawkish Dems, I think. Link from LGF. 0 comments Thursday, April 08, 2004
Posted
7:16 PM
by Harry Niska
Things have been busy here. You know I can't say much about it. However, I do know two things. One, POTUS has given us the green light to do whatever we needed to do to win this thing so we have that going for us. Two, and my opinion only, this battle is going to have far reaching effects on not only the war here in Iraq but in the overall war on terrorism. We have to be very precise in our application of combat power. We cannot kill a lot of innocent folks (though they are few and far between in Fallujah). There will be no shock and awe. There will be plenty of bloodshed at the lowest levels. This battle is the Marine Corps' Belleau Wood for this war. 2/1 and 1/5 will be leading the way. We have to find a way to kill the bad guys only. The Fallujahans are fired up and ready for a fight (or so they think). A lot of terrorists and foreign fighters are holed up in Fallujah. It has been a sanctuary for them. If they have not left town they are going to die. I'm hoping they stay and fight. Link from Instapundit. UPDATE: Actually, it looks like Little Green Footballs posted this first. They have some more details about the letter there. 0 comments
Posted
10:53 AM
by Harry Niska
0 comments Wednesday, April 07, 2004
Posted
8:15 PM
by Harry Niska
The American Center for Law and Justice, the organization representing the city of Plattesmouth, has issued this optimistic press release. The World-Herald reports the ACLU's reaction thus: ACLU Nebraska Executive Director Tim Butz said the ruling is not a setback. "I'm sure the entire court wanted to look at it," he said. "This is an interesting case that is playing out across the country. We're not afraid of the order." Of course Mr. Butz is going to say that, but I think this is a much worse sign for the ACLU than he is willing to admit. According to the Eighth Circuit's Internal Operating Procedures, a majority of the active service judges need to vote for rehearing to get an en banc rehearing. In this case, that means that there had to have been five of the nine active service judges voting for re-hearing. The stated standard for approving an en banc rehearing is this: Petitions for rehearing are not favored by the court and are granted infrequently. Petitions for rehearing en banc require substantial processing and the expenditure of time by judges who have not participated in the case, as well as by the hearing panel, and should be reserved for cases necessary to maintain and secure the uniformity of decisions or that raise questions of exceptional importance. The en banc panel will be composed of the nine active judges (with the president who nominated them): Hon. James B. Loken, Chief Judge (G.H.W. Bush) Hon. Roger L. Wollman (Reagan) Hon. Morris S. Arnold (G.H.W. Bush) Hon. Diana E. Murphy (Clinton) Hon. Kermit E. Bye (Clinton) Hon. William Jay Riley (G.W. Bush) Hon. Michael J. Melloy (G.W. Bush) Hon. Lavenski R. Smith (G.W. Bush) Hon. Steven M. Colloton (G.W. Bush) In addition, the two senior judges who were on the original panel can choose to be on the en banc panel. They are Hon. Pasco M. Bowman (Reagan) and Hon. Richard S. Arnold (Carter). This would mean an eleven judge panel, with six votes needed to uphold the constitutionality of the Ten Commandments monument in question. Although the original panel broke down on the party line of the nominating president, that can hardly be taken for granted in this case. But if it means anything, the panel would consist of 8 Republican nominees and 3 Democratic nominees. If Judge Bowman and the (at least five) active judges who voted for the en banc rehearing vote for the Ten Commandments, that would be enough to keep the monument in place. Of course it is possible that one or more of the judges who voted for a rehearing is not interested in reversing the three judge panel and simply think this is a "question[] of exceptional importance." But my tentative (and admittedly premature) impression is that the odds favor the City of Plattsmouth and the ACLJ, and they are not in favor of the ACLU. 0 comments Tuesday, April 06, 2004
Posted
11:01 PM
by Harry Niska
Professor Bainbridge has this to say: Pepperdine Law School has named Ken Starr as its new dean. Congrats to both. I've often thought Pepperdine ought to be able to move up the rankings significantly. They've got the most scenic location in American legal education (the view of Malibu from the law school is spectacular), although most faculty and students do have to commute quite a ways to get there. They're a high tuition private school, which ought to enable them to throw a lot of money into hiring top faculty. Perhaps Starr can devise a strategy for leveraging those considerable advantages into making the kind of move up the rankings that places like George Mason have pulled off. Pejman Yousefzadeh is excited for his alma mater, and has some other interesting observations about how Starr's qualifications are often obscured by the Whitewater/Starr Report phenomenon. This couldn't happen to a nicer guy. I had the pleasure of meeting him last fall when he came to the University of Minnesota for a lecture, and he is one of the most down-to-earth and wrongly maligned people in America. It's a shame we don't call him Justice Starr (as Ted Olson accidently did during the BCRA oral arguments), but I suppose Dean Starr will suit him just fine. 0 comments
Posted
1:12 PM
by Harry Niska
VanDyke wrote a piece reviewing Francis Beckwith's book Darwinism and Public Education: The Establishment Clause and the Challenge of Intelligent Design in the Harvard Law Review which prompted Leiter to post this in which he accused VanDyke of academic fraud. Mr. VanDyke may yet have a fine career as a lawyer, but I trust he has no intention of entering law teaching: scholarly fraud is, I fear, an inauspicious beginning for an aspiring law teacher. And let none of the many law professors who are readers of this site be mistaken: Mr. VanDyke has perpetrated (intentionally or otherwise) a scholarly fraud, one that may have political and pedagogical consequences. This prompted an article on National Review Online by Hunter Baker, a colleague of Professor Beckwith's, expressing concern about the apparent threats Leiter was making to VanDyke's career. Leiter responded here and here. Almost two weeks ago, on March 24, VanDyke responded on Ex Parte. Then, today, apparently Leiter noticed and continued his academic crusade against VanDyke. Some folks don’t know how to cut their losses. Lawrence VanDyke’s complete scientific and scholarly incompetence has been so thoroughly reviewed by me (here and here), biologists, political commentators, and those concerned with science education, that you’d think he might just admit what is now obvious: that he was out of his depth, scientifically and philosophically, and leave it at that. We’re all entitled to make mistakes, after all. So, while Leiter is not accusing VanDyke of "quasi-fraud[]", "actual fraud", and "complete scientific and scholarly incompetence", he is doing his best to act surprised that VanDyke would even respond to his accusations. Apparently, once Leiter speaks, everyone who disagrees is expected to simply recognize their error and move on to areas in which their opinions are more in line with the Leiter Truth. And it is an interesting irony that it is VanDyke who won't "leave it at that," considering the fact that it is Leiter who is responding two weeks after what VanDyke said would be his final response, and the fact that it is not Leiter's integrity and professional career that have been called into question. So, you would expect accusations of academic fraud to be carefully and thoroughly defended, right? Apparently that is unnecessary in this case. All Leiter thinks he needs to do is continue to repeat claims of "fraud," "dishonest[y]" and "ignorance" and drop a bunch of names, and that will be sufficient for those who have not read "Quine, Feyerabend, Bachelard, Kuhn, Hanson, Lakatos, Laudan, Kitcher, Shapin, Barnes & Bloor, and many others" to simply take Leiter's word for VanDyke's intellectual incapacity and dishonesty. Then, Leiter begins to comment on VanDyke's "spectacular misrepresentations." Leiter: The only thing "simply wrong" is the claim that philosophers of science believe science manifests an a priori commitment to MN. Once again, VanDyke has no idea what he is talking about; he knows less about the subject than even an undergraduate philosophy major would know. The closest Leiter gets to an actual argument (i.e., something beyond name-dropping and name-calling) is this last point that: "Evolutionary biologists pursue a research program predicated on the search for naturalistic causal mechanisms because it’s turned out, as an a posteriori matter, that such a research program produces spectacular results. By contrast, there is no research program with any research or results utilizing supernatural causal mechanisms. That is why scientists are methodological naturalists. Their reasons are a posteriori." This is basically the same as Leiter's point here. The difficulty, however, is that science did not "a priori pick a naturalistic methodology"; they adopted, based on evidence and experience (i.e., a posteriori), the methods that worked: it turns out that if you make predictions, test the predictions against experience, refine the hypotheses on which the predictions are based, test them again, and so on, you figure out how to predict and control the world around you. This is what the Scientific Revolution, the Enlightenment, and a few other ancient events apparently not covered in Mr. VanDyke's education, were about: the a posteriori discovery of the most effective ways to predict and control the world. Stuart Buck made a fairly lengthy response to this point here, which Leiter does not even attempt to respond to accept by making a rather insulting reference to "another non-philosopher blogger" who "appears to be equally confused on this subject." Here's the point Buck makes (and which VanDyke apparently agrees with): Leiter's point may be true, but it is also irrelevant. This is because VanDyke and Leiter are using the term "a priori" in two very different senses. I would add to this that even if Leiter is technically correct about "methodological naturalism," it seems relatively clear to me that his defense of the a posteriori arrival at methodological naturalism is only possible if you make other a priori philosophical commitments: that our "evidence and experience" is sufficient to allow us to really understand what is going on, and that there is nothing relevant that is beyond our ability to observe and understand. I can certainly understand why people would feel that this is an attractive philosophical position, but it is hardly something that can be scientifically proven. Perhaps my point proves too much: maybe science is, at its root, essentially unscientific. I am also relatively sure that Leiter will be able to throw a bunch of names at me of other people who have thought about this subject. I don't pretend to be the first person who has come up with this observation. But, seriously, why is acceptance of this unprovable assumption any more scientific than acceptance of the opposite? Then Leiter talks about a bunch of people I have not read. I am not going to pretend I have anything intelligent to say about Kuhn and Laudan. Leiter concludes: Lawrence VanDyke has consumed more of my time than the intellectual content of his work is worth on the merits. But the good news is that his little apology for ID in the Harvard Law Review has been exposed for the piece of incompetent shilling for ignorance that it is--so much so that no one will dare cite it on behalf of teaching lies and misinformation to public school children ever again. And if they do, they will be immediately discredited as soon as someone references this whole, now extended demolition of VanDyke, Beckwith & co. I think the presumptuousness of this speaks for itself. I realize that I might now have my academic future threatened as a result of my unwillingness to quietly accept the Leiter Orthodoxy. Perhaps I am also now guilty, in Leiter's eyes, of academic fraud. But if Leiter seriously thinks that Beckwith and VanDyke “want to harm schoolchildren,” I think he needs to look in the mirror when he wants to find “parochial prejudices,” “intellectual dishonesty,” and “ignorance.” UPDATE: You can read more here and here. 0 comments Monday, April 05, 2004
Posted
11:36 PM
by Harry Niska
Last year, during the California recall election, AU did stay consistent when Gray Davis did some similar preaching. Let's see if they can bring themselves to it now that the stakes are higher. Just so it's clear that I am still being consistent: I have no problem with the churches in question allowing Kerry to campaign, er, preach. If they sincerely believe that this is an exercise of their faith, they should be allowed to practice freely. But if AU really believes that churches should be banned from politics, they need to apply this rule to left-wing churches too. 0 comments
Posted
11:24 AM
by Harry Niska
"War is an ugly thing, but not the ugliest of things; the decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. A man who has nothing for which he is willing to fight; nothing he cares about more than his own personal safety; is a miserable creature who has no chance of being free, unless made and kept so by the exertions of better men than himself." John Stuart Mill The part after the Mill quote is from this March 16 article by David Warren. 0 comments
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