Archive | 2010

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.

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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 […]

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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. […]

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Debate on constitutionality of Obamacare

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 […]

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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 […]

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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 […]

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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 […]

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The Disbarment of Fred Phelps

A commenter asked why Fred Phelps — founder of the Phelpsian funeral picketing cult — was disbarred. The answer is in State v. Phelps, 598 P.2d 180 (Kan. 1979) and In re Phelps, 459 P.2d 172 (Kan. 1969). The facts are long and not worth going into in detail (you can read them for yourselves […]

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“Beg the Question”

Prof. Mark Liberman (Language Log) has a long post on this. It starts by explaining how the phrase “beg the question” came to mean “assume the conclusion” (I hadn’t known that story), discusses how it often came to be used to mean “raise the question,” and finishes with wise advice: Never use the phrase yourself […]

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Flag Desecration

In Fall 2007, I blogged about a flag desecration prosecution involving the Phelpsians: [Shirley Phelps-Roper] appeared in Sarpy County Court to answer charges that she mutilated a flag and put her child in danger while protesting at the funeral of a Bellevue soldier…. According to Bellevue police, Phelps-Roper had her 10-year-old son stomp on an […]

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Bloggers can’t agree on anything about fiscal commission, or political impact of Wall Street bill

This week’s National Journal poll of political bloggers asked about the impact of the Wall Street reform issue on the midterm elections. Ninety-four percent of the Left bloggers thought that it would help Democrats a lot or a little. The Left was evenly divided between expecting the issue to hurt Republicans a little, or to have […]

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Blatant Unconstitutionality Started Early

1789: The states ratify the U.S. Constitution, which says, in relevant part, that “No Person shall be a Representative who shall not have attained to the Age of twenty five Years.” 1797: William C.C. Claiborne is seated as a Representative from Tennessee, at age 22. I’d love to know more about whether any constitutional objections […]

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Upcoming Talks

Just a quick post to note some upcoming talks. Tomorrow I’ll be speaking at the Ohio State Bar Assocation’s 25th Annual Ohio Environment, Energy and Resources Law Seminar in Newark, Ohio.  I’m on a panel at 11:15 am with Ohio Solicitor General Benjamin Mizer to discuss environmental law in the Supreme Court.  The full program […]

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