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Federalist Society members corresponding from the Walter F. Mondale Hall at the University of Minnesota. |
Tuesday, October 31, 2006
Posted
5:27 PM
by Jason
So I exhort you, disenchanted conservative types (yes, both of you who are reading this), to think back to a year ago, imagine how Alito would have fared in a Democrat controlled Senate, consider that Supreme Court retirements are not unforeseeable in the next two years, to do the right thing next Tuesday. And now, as I wrap up and give this a title, it occurs to me that one thing that actually annoys me more, and surely on a more regular basis, is the use of the word "anniversary" to refer to any increment of time other than the year. There is no such thing as a "two-month anniversary." Maybe a "moisversary" or "monversary" which are both less than satisfactory but much better than the alternative. 0 comments
Posted
4:26 PM
by Jason
I mentioned the books (in the context of a review by Judge Posner, who, incidentally, gave both the thumbs up) in a post on May 31. But there's more! (and this I'm just copying from the SSRN abstract so I don't screw it up) "This Review Essay also reports the results from the first empirical examination of every pool memo from four Terms of the Supreme Court: October Terms 1984, 1985, 1991 and 1992. Three characteristics of the cert pool become apparent: (1) it is stingy with respect to making grant recommendations; (2) it emphasizes objective criteria of certworthiness in making its recommendations, such as the presence of lower court conflict; and (3) there is statistical evidence suggesting that its recommendations are correlated with the eventual decisions made by the Court on petitions for certiorari." I had Stras for Criminal Law last spring, and consider it one of the great injustices of the tenure system that he isn't teaching this semester. I haven't read the review yet, but given that I am fairly sure that it will be worth reading, I'm posting this now so you too can help boost his SSRN numbers. 0 comments Monday, October 30, 2006
Posted
3:22 PM
by Jason
"At root, what that 4-3 decision ordering the Legislature to enact a new law sanctioning civil unions or gay marriage is about is: Who governs New Jersey? It is about who decides what law shall be Â? elected legislators or judges appointed for life." Read the rest. I guess that I'm inclined to agree. From the Federalist Society's purpose statement: "It is emphatically the province and duty of the judiciary to say what the law is, not what it should be." Which is itselfchannelingg Marbury, but adding (or possibly making explicit the implicit) a separation of powers point after the comma. More than anything else, the order to the political branches to adopt a new law or laws, call it a grace period if you like, is a bit grating. Three coequal branches? The Governor of New Jersey "shall communicate to the Legislature, by message at the opening of each regular session and at such other times as he may deem necessary, the condition of the State, and shall in like manner recommend such measures as he may deem desirable" (Article V, Section I, paragraph 12 of NJ Const.), but the court can give them 180 days to act, or else? I know we aren't dealing with the 10th Amendment here, but the words conscription and commandeering definitely come to mind. 0 comments Friday, October 27, 2006
Posted
5:15 PM
by Jason
"Color of the Cross" tells a traditional story, focusing on the last 48 hours of his life as told in the Gospels. In this version, though, race contributes to his persecution." So THAT'S what was really going on in the Gospels? I didn't catch that, since my Bible doesn't have pictures. Furthermore: "What Jesus looked like has long been debated by theologians around the world. Different cultures have imagined him in different ways, says Stephen Prothero, chairman of the religion department at Boston University. In Japan, Jesus looks Japanese. In Africa, he is black. But in America he is almost always white, like the fair-haired savior painted by Leonardo Da Vinci in "The Last Supper" in 1495." Depictions of Jesus being black in Africa and Japanese in Japan and (not to detract from Leonardo's artistic abilities) white in Europe say something about the artists and their audiences, but absolutely nothing about "What Jesus looked like." On the other hand, there's nothing terribly wrong with taking some creative license with the appearance of someone who was born over 2000 years ago, but to claim that it's the appearance that matters, in my opinion, misses the point: message matters. Jesus was executed because of his message, not because of his race; the story appeals to people today because of that message, not the messenger's race. Maybe it's not actually a big deal in the film, but the article makes it sound as if it is. And apparently director/producer/star Jean Claude LaMarre and I wouldn't actually disagree on too much: "The message is that color, a colored Jesus Christ, doesn't matter," he says. "That's why the movie is important. When you have one prevailing image out there, it suggests color does matter." But then why the "In this version, though, race contributes to his persecution"? That's my hang-up. I understand that race is a touchy issue in America (though, contrary to what is suggested in the article, it is elsewhere as well: France anyone?), but I don't see how injecting it into an historical event where it played no significant role, and that has actually been a source of common ground between races, is supposed to help. The Romans and the Israelites, I uneducatedly guess, were probably ethnically distinguishable, but the biblical accounts indicate that it was the mob of locals and not the Roman Pilate who called for the execution, making it a "look what WE did" as opposed to "look what YOU did" moment. In summation: black Jesus to encourage identification with the faith: fine; black Jesus shown as persecuted because he was black: foolish. Oh, and here's a review from Variety. Pretty much a typical movie review, but contains some more details on the movie's focus on race. 1 comments Thursday, October 26, 2006
Posted
12:10 PM
by magnu231
First, I think what Limbaugh said was wrong, and frankly pretty stupid. However, I REALLY don't like these types of ads. Yes, anybody with a human soul (and yes, that includes conservatives) have to feel empathy for somebody who's obviously suffering. But we know that somebody's actually suffering. The problem is that we can't hear from those who the other side believe are suffering. And that's no philosophical "could God make a rock he couldn't lift". I just think that what this ad represents is what is wrong, or becoming more wrong with our political system. Both parties use emotions to cloud issues and stir the populace. "There's an old woman somewhere with socks on her hands, because she can't pay heating bills and still pay for her prescriptions." "If you don't vote for us, Al Qaueda will invade and take over the country." It bothers me that these types of ads and this type of campaigning seem to be proliferating. 0 comments Tuesday, October 24, 2006
Posted
7:23 PM
by magnu231
0 comments
Posted
2:46 PM
by Jason
Which makes this article even relevant to my day. Of note: People in the good state of Missouri need photo identification to cash a check, board a plane or apply for food stamps. But the state Supreme Court has ruled that a photo ID requirement to vote is too great a burden on the elderly and the poor. Go figure. And While the Missouri Supreme Court was preparing its decision earlier this month, the Kansas City Star and St. Louis Post-Dispatch ran front-page stories about the thousands of fraudulent voter registrations submitted by Acorn, a national left-wing group financed in part by organized labor. According to the Star, Acorn's voter registration drive generated some 35,000 applications, "but thousands of them appear to be duplicates or contain dubious data." The report went on to note that "[n]ear the top of the fishy list would be a man named Mark who apparently registered seven times over a three-day period using his mother's home address and phone number." Mom told the paper he hadn't lived there in six years. Acorn and its affiliates have been among the most active and vocal opponents of voter ID laws in Missouri and nationwide. Now we know why. (ht Althouse) Our event is in room 50 of Mondale Hall at 6:30p.m. 0 comments
Posted
10:39 AM
by magnu231
"I decline to accept the end of man. It is easy enough to say that man is immortal because he will endure: that when the last ding-dong of doom has clanged and faded from the last worthless rock hanging tideless in the last red and dying evening, that even then there will still be one more sound: that of his puny inexhaustible voice, still talking. I refuse to accept this. I believe that man will not merely endure: he will prevail." 0 comments Wednesday, October 18, 2006
Posted
5:21 PM
by magnu231
0 comments
Posted
2:23 PM
by Jason
Patently offensive? Or could it just be humor? This is the state of "academic freedom" in a private university? So much for the "marketplace of ideas." Take note: Humorous expression of libertarian ideas is not ok. I for one would like to see other materials posted on faculty doors and bulletin boards at Marquette. From my own experiences, not at Marquette, faculty (and staff, including librarians) seemed to enjoy using these media to show their particular sense of humor and at the same time express some political or social opinion. The United States of Canada/Jesusland cartoon was particularly popular after the 2004 elections. I also recall various unflattering depictions of George W. Bush, anti-war statements, and the like. Is the federal government just too sacred a cow? A cow to be milked but never tipped. (Of course, as far as I'm concerned actual cow-tipping is about as real as the tooth fairy, but it works with the metaphor here) 0 comments
Posted
11:44 AM
by magnu231
0 comments
Posted
11:18 AM
by magnu231
0 comments Tuesday, October 17, 2006
Posted
9:50 AM
by magnu231
"You can't do that to me. You can't tell me what to do. I'm a BIG boy now. You're not the boss of me. If you aren't nice to me, someday I'm gonna grow up, and be like seven feet tall and 300 pounds and an ultimate fighter, and then we'll see. Sanctions? You can't do this to me! I'm going to run away from home! I'm going to call child services!" To which I would reply, if I were in charge, "Somebody gonna getta hurt real bad!" Don't the North Koreans hear themselves talking? I exaggerated a bit, but their comments have a definite tinge of the eleven year old brat who's annoying everybody, and thinks that now that they have a purple belt from the local Karate storefront at the strip mall, they can assert their weight. And so I think the time has come to hold down this kid and make him say "uncle". 0 comments Thursday, October 12, 2006
Posted
4:03 PM
by Jason
"Grist Magazine’s staff writer David Roberts called for the Nuremberg-style trials for the 'bastards' who were members of what he termed the global warming 'denial industry.' Roberts wrote in the online publication on September 19, 2006, 'When we've finally gotten serious about global warming, when the impacts are really hitting us and we're in a full worldwide scramble to minimize the damage, we should have war crimes trials for these bastards -- some sort of climate Nuremberg.'" Well, as long as we can wait until we're scrambling to minimize the damage, I guess that's ok. UPDATE: Having been called on it, Roberts has decided to retract the Nuremberg portion of his comments: There are people and institutions knowingly disseminating falsehoods and distortions about global warming. They deserve to be held publicly accountable. So he's sorry that he used the word Nuremberg? It's funny, I actually agree with part of what he said. There ARE people and institutions knowingly disseminating falsehoods and distortions about global warming: Roland Emmerich, Greenpeace, Miles O'Brien, Al Gore, the list goes on... 0 comments
Posted
3:06 PM
by magnu231
[EDIT] Fixed the link. 3 comments
Posted
2:23 PM
by magnu231
And if you disagree, you're a pinko fascist hippy reactionary. 0 comments Tuesday, October 10, 2006
Posted
11:04 AM
by magnu231
0 comments Monday, October 09, 2006
Posted
3:31 PM
by Jason
Even though they (or the editors) made an unfortunate decision in assigning a title, abusing the overused W.W._.D.? formulation, it is still definitely worth reading. (ht Feddie) 0 comments
Posted
12:10 PM
by magnu231
0 comments Wednesday, October 04, 2006
Posted
10:14 AM
by magnu231
0 comments Tuesday, October 03, 2006
In April I posted regarding post-Katrina firearm confiscation. Now Congress is trying to make sure it doesn't happen again.
0 comments Monday, October 02, 2006
Posted
10:47 AM
by magnu231
0 comments
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