Archive | 2010

Feb. 29, 1900

Here’s something you don’t often see: Birth: Feb. 29, 1900 This was in a brief biography of a Nobel-Prize-winning poet. It was a Tuesday, I think. UPDATE: People who think I’m just pointing out an amusing typo underestimate my subtlety.

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Like I Always Say: Nothing’s Harder to Predict than the Future

Here, in case you were wondering, is Clifford Stoll’s explanation in Newsweek, circa 1995, for why the Internet will fail. “Visionaries see a future of telecommuting workers, interactive libraries and multimedia classrooms. They speak of electronic town meetings and virtual communities. Commerce and business will shift from offices and malls to networks and modems. And […]

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Hyphenation, Descriptivism, and Rules

Prof. Geoffrey Pullum (Language Log) has a post that strikes me as so apt that it’s worth quoting at length, though with some extra emphasis on my part (see the original for the links, reader comments, and some more text): See Plethoric Pundigrions for screen shots showing a version of Microsoft Word (I don’t know […]

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Hey Orin

Yesterday, Orin wrote: But unless you believe, as does my co-blogger Randy, that the Constitution if properly construed mandates libertarianism o’er the land. . . . Hey Orin. Given that you insist you have no expert view on the original meaning of the Privileges or Immunities Clause, how do you know that Richard L. Aynes, […]

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The Good Faith Exception and Changing Law: The Costs of the Exclusionary Rule, and Balancing Costs and Benefits

This is my third post in a planned series on why the good faith exception to the exclusionary rule does not apply when a police officer conducts a search that is lawful when it occurs that is later ruled unlawful before the conviction is final. This issue is being litigated all over the country right […]

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“Reasonable regulation” and McDonald

The following exchange took place during James Feldman’s oral argument today, on behalf of the Chicago government, in McDonald v. Chicago: JUSTICE SOTOMAYOR: Would you be happy if we incorporated it and said, reasonable regulation is part of the incorporation? And how do we do that? MR. FELDMAN: Well, there is the reasonable regulation standard, […]

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“Cap-and-Trade Is Dead” — Long Live Cap-and-Trade?

Last week, GOP Senator Lindsey Graham (R-SC) declared “Cap-and-trade is dead.” There is no way the Senate will pass the Waxman-Markey climate change bill that passed the House. But Sen. Graham is working with Senators John Kerry (D-MA) and Joseph Lieberman (I-CT) on an alternative proposal to control greenhouse gas emissions and promote the development […]

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Married Women’s Property Rights and the Privileges or Immunities Clause

In the McDonald oral argument, Justice Ruth Bader Ginsburg implied that an originalist approach to the Privileges or Immunities Clause might justify protecting property rights for men, but not for married women. She claimed that “a large portion of the population at that time [1868] didn’t have those rights” and asked McDonald’s counsel Alan Gura […]

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Liz Cheney and “The Al Qaeda Seven”

Liz Cheney, the daughter of former Vice-President Dick Cheney, was recently invited to imagine how former Senator Joseph McCarthy would have used 30-second TV spots if here were alive today.  Cheney gamely agreed to participate, and she submitted the following video: That seems quite accurate to me — although I would guess McCarthy would have […]

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