Posted 5:31 PM by Jason
Stras on MPR

UMN Law Prof. David Stras was on Minnesota Public Radio last week to discuss:

"Recent U.S. Supreme Court decisions are revealing the new conservative influence from the Chief Justice John Roberts and associate Justice Samuel Alito."

You can access the show here.

I haven't listened yet, since that would be frowned on in the library, but I reckon it should be at least as interesting as Ann Althouse's podcasts.  I only wonder if it might be too soon to comment a great deal (Stras will probably say so), or if the rulings being handed down this week would change or reinforce his interpretation.  

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Posted 5:22 PM by Jason
NRO

It might be the sleep deprivation talking, but NRO has scads of interesting stuff today.  

Andrew McCarthy has a follow up of sorts to the piece on the Times that I linked last week.  

Blog Row just keeps growing, with the Mona Log (get it?) debuting today.  Mona Charen is a longtime commentator and sometime speechwriter with a JD from GWU.  

WFB weighs in on Slate's account of W's verbal clumsiness and alleged stupidity.  This was a topic much kicked around the Volokh Conspiracy lately (Maybe they could get Bill as a guest-blogger?  He's not a lawyer, but he was accepted to YLS at one point, so maybe he could get in as a 0L student.).  

A couple of amusing and mostly light reads: Tim Carney on the differences between Homeland Security and 24. Richard Stevens on the push for "fundamental rights" for great apes in Spain.  

There's more (as always, I've just been neglecting it lately), but I'll stop here for now.
Note: Jonah Goldberg's links no longer open in new windows.  Considering that when I first started reading The Corner this was an important factor in determining whether to follow links or not (though honestly, I often still did the right click-open in new window anyway), I am silently shaking my fist at him through the wires.  Then again, I got too lazy to insert the necessary line, so if I expect you to deal with it, I guess I should too.  

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Posted 5:03 PM by Jason
Spanish Archer

CU has announced that it will be dismissing Ward Churchill.  Churchill still has the option of requesting that yet another faculty committee review the decision, and has threatened to sue the school.  

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Posted 9:04 PM by Jason
Why the Sioux may have to sue.

A letter from UND President Charles Kupchella to the NCAA.  (ht Phi Beta Cons)

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Posted 8:47 PM by Jason
Again and again and again.

Andy McCarthy on the Times' (NY and LA this time) irrepressible urge to make sure al-Qaeda is as informed as it can possibly be:

"And unlike the last vital program the New York Times compromised — the National Security Agency’s Terrorist Surveillance Program, which the same reporters, James Risen and Eric Lichtblau, exposed last December — there is not even a facially plausible concern that the TFTP violates statutory law. The provisions germane here (mainly, the Right to Financial Privacy Act that Congress enacted in 1978 in reaction to Miller) do not even apply to the nerve center at issue, the Society of Worldwide Interbank Financial Telecommunication. That’s because SWIFT, as it is better known, is not a financial institution at all. It is a consortium, centered not in the U.S. but in Belgium, which simply — albeit importantly — oversees how funds are routed globally. It is a messenger, not a bank. Nevertheless, in an abundance of caution, the government uses administrative subpoenas — which were expressly provided for by Congress in the aforementioned Financial Privacy Act and the Patriot Act — when it seeks SWIFT information. That’s not just legal; it’s hyper-legal."

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Posted 6:20 PM by Jason
Mondale supports a preemptive strike

on North Korea's test missile?

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Posted 5:15 PM by Jason
My BS meter is beeping.

"ABC News wants to hear from you. We're currently producing a report on the increasing changes in our physical environment, and are looking for interesting examples of people coping with the differences in their daily lives. Has your life been directly affected by global warming?

We want to hear and see your stories. Have you noticed changes in your own backyard or hometown? The differences can be large or small — altered blooming schedules, unusual animals that have arrived in your community, higher water levels encroaching on your property."

Unbelievable.  As you must know by now, I'm a global warming skeptic.  That said, even I know that crap like this has no relation to actual research or modeling (though I am sure whatever report they're producing will mix in these worthless anecdotes with discussion from experts) and only feeds into worst case scenario scare-mongering.  When you're dealing with very small potential changes on a global scale over a long time period, Gladys' gladiolas just don't matter.  

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Posted 12:34 AM by Jason
"Hate to move," sighed Sally Carrol lazily, "but I reckon so."

I've decided that reading is simply too much work, so today I downloaded some podcasts.  First was Ann Althouse, who I started reading because a friend of mine at UW had her for Con Law.  I generally find at least one interesting item on her blog (which, incidentally, seems to be the main topic of the podcast) in a day, and it generally isn't a nod-along like some others that I read, so I decided to give her a listen.  It's interesting enough, but a little slow in moving through topics.  It's also interesting to note that this is podcast only (unlike the PowerLine guys with the radio show); it must be nice to be a Law professor.  Anyway, good for her for doing it, I certainly never could, what with hating the sound of my voice recorded and all.  Plus it would take extra effort.  

With tomorrow the first day of summer I decided that I actually should exert enough effort to re-read F. Scott Fitzgerald's short story "The Ice Palace", the full text of which is conveniently available online.  I've always found Fitzgerald's (Sally Carrol's in the story) notion of people as being canine or feline (regardless of sex) interesting, and I especially like the North/South contrast, but for all of the heat related imagery he conjures up, he utterly omits the fact that it does get hot in Minnesota.  Yes, really hot, not just warm.  We've been fortunate the last few days, but it probably won't last, and when the heat does rear its ugly head again in, I will slow down.  

That explains the lulls in posting and my general lack of productivity, right?


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Posted 12:06 AM by Jason
A Cross Examination Cautionary Tale

Reading Bill Buckley's "On the Right" column for May 19 (they make it into the NR dated about a month later, and I've been lax on the NRO reading lately) one particular paragraph caught my attention.  It probably would not have nearly as much were I not taking Evidence this summer. The general topic of the column is word usage.  Buckley recounts a particular incident from a civil trial in which he was a defendant that centered on the usage of another word.  On the witness stand:

"The feverish lawyer grabbed a book from his table and slammed it down on the arm of my chair.  'Have you ever heard of a dictionary?' he asked scornfully, as if he had put the smoking gun in my lap.  I examined the American Heritage College Dictionary and said yes, I was familiar with it. 'In fact,' I was able to say, opening the book, 'I wrote the introduction to this edition.'"



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Posted 12:05 AM by Jason
Bygones

Dan Rather officially parted ways with CBS today, and I think it is an occasion worth noting, even though it is not at all a surprise and has indeed been a long time coming.  Still, Rather was the CBS Evening News Anchor for the first 20+ years of my life, the veritable face of the network.  I wasn't always cool with Dan, especially during the whole "Memogate" ordeal, but as usual, Peggy Noonan cooled me down a bit and put things in perspective with a column that came out right after his retirement from the anchor chair was announced.  Rather apparently plans to pursue his passions elsewhere, though none of the reports I saw gave any details.  At 74, I imagine he still has enough years left in him to redeem his somewhat tarnished image, and my bet is that he is planning to do just that.  Here's wishing him well.  

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Posted 6:56 PM by Jason
Lazy Monday

First, an article in the Telegraph (UK) about the Dixie Chicks which degenerates quickly into fawning  by the writer and accusations of McCarthyism by one of the Chicks..  Worth reading if you enjoy things like this:

"It was the bullying and the scare factor," shudders banjo and guitar player Robison. "It was like the McCarthy days, and it was almost like the country was unrecognisable."

Now, no matter what you believe about Joe McCarthy or the HUAC, there is an enormous difference between that and people deciding they don't like you any more.  Music fans are a notoriously fickle bunch (wasn't that the theme of almost every Behind the Music ever made?), so please, don't bother giving us your best victim impression.  

"The entire country may disagree with me, but I don't understand the necessity for patriotism," Maines resumes, through gritted teeth. "Why do you have to be a patriot? About what? This land is our land? Why? You can like where you live and like your life, but as for loving the whole country… I don't see why people care about patriotism."

I better not comment on that part, lest someone think I was questioning her patriotism.  For my part I was never a Dixie Chicks fan, though I did enjoy some of their songs.  The incident that is the source of this "controversy" didn't bother me too much (I wasn't outraged or anything), since I expect entertainers in general to be at least little on the lefty side and not necessarily incredibly bright or well-informed.

As far as their new CD goes, it is, as far as I can tell, a significant departure from their earlier style and instrumentation.  From what I've heard ("Everybody Knows", mostly) the music is ok, even catchy at times, but it lacks the energy of their previous work (I'm thinking 2002's "Long Time Gone") and well, sounds mostly like disposable pop music, which a lot of "country" is these days anyway.  The music may be listenable, but this ongoing hype/anti-hype sure isn't.  

Second, on an entirely fun note, Justice Alito got to throw out the first pitch at a Phillies game yesterday.  

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Posted 1:51 PM by Jason
Unworkable Precedents

Jason Adkins, the immediate past president of the UMN Federalist Society has a law review article titled "Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe v. Wade" that you should check out.  (ht Feddie)

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Posted 1:20 PM by Jason
E and I

National Guard troops are arriving at the border, and there's some evidence that they are having some impact on the number of illegal crossings:

"U.S. authorities said Monday that detentions along the U.S.-Mexico border have decreased by 21 percent, to 26,994, in the first 10 days of June, compared with 34,077 for the same period a year ago.

Along the Arizona border, once the busiest crossing spot, detentions have dropped 23 percent, according to the U.S. Border Patrol."

The lead in to the article linked refers to "illegal Mexican migrants."  Are these writers really that confused by the difference between emigrants and immigrants?  Granted, a person is usually both simultaneously, but this isn't North Korea, emigration is not illegal.  The National Guard troops are not going to the border to keep anyone IN.    

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Posted 1:00 PM by Jason
Stephen Hawking, colonialist?

From the AP:

"The British astrophysicist told a news conference in Hong Kong that humans could have a permanent base on the moon in 20 years and a colony on Mars in the next 40 years.

"We won't find anywhere as nice as Earth unless we go to another star system," added Hawking, who arrived to a rock star's welcome Monday."
    

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Posted 10:09 PM by magnu231
Sometimes Death is a Happy Thing

Sure, perhaps Zarquai will be replaced. Perhaps his death will lead to sectarian violence. This might lead to instability. But frankly, I'm just happy we killed this so and so. On a related point, I was listening to talk radio (sports talk radio, to be exact), and they had author Vince Flynn on. And he made an interesting point, I think. He mentioned that we had somewhat mishandled the war planning, and his alternative I think made sense. He thought that we were occasionally too timid to get our hands dirty, except in sporadic outbursts of senseless and misguided individual violence. Frankly, at some point, if war is going to be waged, then the first goal is to win. If someone had told me that Zarquawi was in a house, but that to get him, we'd have to destroy half a block of civilian housing, I'd do it, with no qualms. Of course, the war is not with civilians, and civilian casualities should be avoided if possible. However, at some point, a long view needs to be taken. Flynn noted that had we just crushed the insurgency where we knew it was, by absolutely destroying its headquarters, we would perhaps been in better shape, as opposed to sporadically having to face small outbursts. It's easy for me to say from here, I suppose. Anyway, the point is, I'm happy Zarquawi is dead, and hopefully his followers will either have a change of heart, or die as well.

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Posted 5:45 PM by Jason
Good News

Abu Musab al-Zarqawi is dead. It is pretty much undeniable that this guy was a big (and by big I mean huge) fish, so taking him out is a big victory for our guys over there.  

The opposition here at home, however, seems to think that this was some kind of political stunt.  

"Rep. Dennis J. Kucinich, Ohio Democrat, said Zarqawi was a small part of "a growing anti-American insurgency" and that it's time to get out."

I'm really not surprised that they don't understand leadership.  To his credit, however, Senate Minority Leader Harry Reid did call it a good day for Iraqis and the U.S. military.  



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Posted 6:25 PM by Jason
Appreciation

The U.N.'s number two, Malloch Brown, is apparently feeling unappreciated by "middle America":  

"He lamented that the good works of the U.N. are largely lost because 'much of the public discourse that reaches the U.S. heartland has been largely abandoned to its loudest detractors such as Rush Limbaugh and Fox News.'"

"'The U.N.'s role is in effect a secret in Middle America even as it is highlighted in the Middle East and other parts of the world,' Malloch Brown said."

Could that be because we don't need (or even want) your help?  What have you done for us lately?  Because the U.N. depends on the U.S. and not vice-versa?  Yes, I realize that that is a vast oversimplification, but it's a lot closer to the reality of the situation.  

Which brings me to this other article, a good read on philanthropy in America from an outsider's perspective:

"Americans give to schools, hospitals, libraries, galleries and the poor like no other country in the world.

Last year, American citizens gave more money to victims of the tsunami than their government did.

Yes, charity can be written off against tax, but it is also hard-wired into the psyche of a nation founded by pilgrims and enriched by private enterprise.

It is impossible to imagine modern America without philanthropy, because so many of the institutions funded by the state in Europe are financed by private citizens in this country."

But Jan Egeland probably still thinks Americans are stingy.  



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Posted 5:44 PM by magnu231
Negative Incentives

Apparently, we're offering all sorts of carrots, including help with peaceful nuclear power, to convince Iran to stop enriching their uranium. I'm not sure this is a great idea. It strongly incentivizes bad actions. It's almost like the money for guns idea that is still ocassionally pulled out by various cities. All it does is incentivize the bad behavior, to get the reward of ceasing it. Sometimes a simple "desist or face the consequences" message is the best policy. However, I can see why many want to get this taken care of diplomatically. If possible, that's usually the best solution. However, we also need to look long term. That's one of the inherent problems with our system of government. Politicians, especially Presidents, are always looking at the short term, because their focus is on getting re-elected. Maybe placating Iran will work in the short term, but what will the harvest be long-term?

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Posted 3:47 PM by Jason
More Supreme Court Watching

I was poking around the Drudge Report just now and saw a link titled "Supreme Court Faces Shortage of Cases," which was also the title of the article.  "No way!" I thought.  Turns out there really is no shortage (well, maybe a shortage of good, to the point headlines), the Justices have just been a bit slow in filling their oral argument calendar for the fall.  

"Justices are running well behind in filling their argument calendar for the term that begins in the fall. They have accepted 18 cases, compared with 27 by this time last year and 32 in 2004.

The nine members of the court have wide discretion in deciding what cases to review. An important part of their jobs _ done with substantial help of law clerks _ is sifting through the nearly 9,000 appeals filed each year and picking about 80 to consider."

Does that sound like a case shortage to you?  I'm not really trying to criticize anything here, except maybe the headline that had me worried about my choice of career, since I would guess that the number of appeals filed with the Supreme Court must have some correlation to the general legal market.  

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Posted 6:35 PM by Jason
Anonymous Law Firm, LLP

Now this is funny.  I especially like this part.  (ht Southern Appeal)

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Posted 12:58 AM by Jason
Student Evaluations

Prof. Carpenter has a short but funny post over at the VC that you should read.  It has nothing to do with me, as I did not have the good fortune to be in his class

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