So the New Republic published the most thorough critique to date of Human Rights Watch’s record on Israel this week. Contrary to its typical belligerency, HRW has not responded [beyond this tepid and largely unresponsive letter to TNR from a co-chair of HRW’s Middle East advisory committee, who is not an employee of HRW, but […]
Archive | April, 2010
Words I never expected to write
Dick Durbin is right. The Senate Democrats have proposed immigration reform that includes a biometric identity card, and Sen. Durbin is defending the decision. “People understand that in this vulnerable world, we have to be able to present identification,” Durbin said to The Hill. “We want it to be reliable, and I think that’s going […]
Judging a Person Based on a Single Forwarded Personal E-Mail
To my mind, the most troubling aspect of the Harvard e-mail controversy is how many people feel comfortable publicly judging someone based on a single forwarded private e-mail. I can see judging a person based on a law review article they wrote, or an op-ed they penned, or public speech they made. All of these […]
Civil Unions in Hawaii?
The state legislature has voted to grant same-sex couples the same benefits and rights as married couples under the title “civil union.” Apparently fearing claims of discrimination, which have not succeeded elsewhere, the state legislature also made civil unions available to opposite-sex couples. It’s not known whether the governor will sign the bill. Hawaii touched off the […]
Taboo and Not Taboo at Elite Universities
Anthropologists tell us that one window into a society is what is and is not taboo in that society. It’s interesting to look at America’s elite universities in this context. Let’s take examples of people and ideas that are not taboo, just from things that I’ve blogged about: Being the head of an enemy, terrorist […]
4. On a Bus in Kiev
I remember very little about my childhood in the Soviet Union; I was only seven when I left. But one memory I have is being on a bus with one of my parents, and asking something about a conversation we had had at home, in which Stalin and possibly Lenin were mentioned as examples of […]
3. The Practical Costs of Condemning Openness to Distressing Answers on Factual Questions
I’ve blogged a good deal so far about why I disapprove of the condemnation of the student who e-mailed a couple of friends saying that she “absolutely do[es] not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent.” But let me turn to a more practical problem with […]
2. The Response by the Dean of Harvard Law School to the Student’s E-Mail
I blogged earlier about the Harvard law student’s e-mail — sent to a couple of friends, but later made public by one of the recipients — about being open to the possibility of racial differences in intelligence. Here, let me briefly talk about the response from the Dean of Harvard Law School.
1. Science, Faith, and Not Ruling Out Possibilities
Much has been said in the last two days about a Harvard law student’s e-mail to a couple of other students — an e-mail that was some months later apparently widely forwarded by one of the recipients (without the sender’s permission). The e-mail led to much criticism of the sender, coverage in Above The Law, […]
Speaking at Stanford on Monday
On Monday, May 3d, I will be speaking on Why the Individual Health Insurance Mandate is Unprecedented and Unconstitutional at Stanford Law School. The talk is from 12:45-2:00pm in room 190. The event is open to the public and details are here. Of course, a portion of my speech will concern the analysis I presented […]
Lite Blogging
I’m afraid I’ve been lite-blogging for a while and will be around less than usual on account of some deadline pressures. Once I get back from this current trip, I’ll post something about the last hearing on drones that Rep. John Tierney’s subcommittee held on Wednesday, and also some stuff related to the derivatives bill. […]
Debate on constitutionality of Obamacare
By David Kopel on April 30, 2010 1:03 am in Congress, Constitutional History, Economic LIberties, Federalism, Health Care, Supreme Court
Held on April 28 at the University of Colorado law school, under the sponsorship of the American Civil Liberties Union of Colorado. Arguing in favor of constitutionality was Jean Dubofsky, former Justice of the Colorado Supreme Court. Arguing the other side was me. The video is here. (Video and audio are often out of sync […]
Some “Realism” About John Mearsheimer
I understand that John Mearsheimer, co-author of The Israel Lobby, was once considered a respected “realist” scholar of international affairs. If so, it’s a shame he’s gone more and more off the deep end into the Mondoweiss/Finkelstein–two individuals he identifies as Jewish heroes, along with such prominent foreign policy “realists” (not) as Noam Chomsky and […]
Libertarian Critiques of AZ Immigration Law
Here are a few libertarian critiques of the Arizona immigration law. Shikha Dalmia argues that Europe’s stringent immigration laws are no model for the U.S. these countries are doing a far more effective job of controlling their citizens than their borders–exactly what will happen in the United States if the Arizona law is replicated or […]
Much Easier to Fight Caricatures
I see quite a few comments like this one — from all points of view — so I thought I’d mention the problem: [An earlier commenter wrote:] “Do you even remember 2004-05? The pro-life people were pretty outspoken on the Schiavo case.” [The response:] I remember that case. Her legal husband said that he knew […]