Archive | 2010

California’s Public Employee Pension Problem

I have not been following the details of California’s budget problems all that closely, but I was struck by the following passages in a Steven Greenhut op-ed from the WSJ: Approximately 85% of the state’s 235,000 employees (not including higher education employees) are unionized. As the governor noted during his $83 billion budget roll-out, over […]

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Sunday Song Lyric

I am a huge Bob Mould fan.  From Husker Du and Sugar through his solo work.  His first solo album, Workbook, is one of my all time favorites.  It’s filled with great songs.  Here’s a taste of “Wishing Well.” Wishing well runs wet and dry I wish for things I never had Surrounds and wells […]

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Bloggers agree: Jobs would be best politically. So would House passing Senate health bill

This week’s National Journal poll of political bloggers asked “Which of these pieces of legislation, if enacted, would help the Democrats’ political prospects in the midterm elections?” Bloggers could choose more than one. The leading choice for both Left and Right bloggers was “job creation.” The only other items which got more than 50% from […]

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Money and Speech

People continue to characterize the Court’s campaign finance decisions as resting on the theory that money is speech. And of course money isn’t speech. But, as I wrote a few years ago, money isn’t abortion, either. Nonetheless, a law that banned the spending of money on abortion would surely be a serious restriction on abortion […]

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The Hare Krishna Airport Case

To add to Orin’s criticism of the David Kairys Slate piece: The Hare Krishna airport case to which Prof. Kairys points as an example of the conservative Justices’ supposed inconsistency rested on the government’s power to restrict solicitation of money on its own property. The Court has repeatedly held that solicitation of money for charitable […]

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Money-as-Speech Versus Speech to Get Money

Over at Slate, Temple law professor David Kairys argues that conservative judges have been inconsistent in enforcing the principle that spending money can have a speech component protected by the First Amendment. He writes: The first theory appeared in a 1976 decision, Buckley v. Valeo, which invalidated some campaign-finance reforms that came out of Watergate. […]

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Is the Cult of Che Guevara on its Way Out?

Che Guevara is one of the few communist leaders who still has a broad following in the West. Go to any college campus or hip neighborhood and you’ll see plenty of Che T-shirts, Che posters, and even the occasional Che cell phone message. This is extremely unfortunate, since Che was in fact a brutal mass […]

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Pennsylvania Act for the Gradual Abolition of Slavery (1780)

A fine document, which struck me as worth posting. Naturally, it was a compromise, like most laws are, and because of that it isn’t entirely consistent, nor as bold as one might have liked it to be: The sentiments in the introduction would logical counsel in favor of immediate abolition, not graduate abolition. Still, it […]

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Saturdays with Stendhal 4

The Red and the Black, Volume 1, Chapter 26, “The World, Or What the Rich Lack.” After several months of application kept up at every moment, Julien still had the air of a thinker. His way of moving his eyes and opening his lips did not reveal an implicit faith ready to believe everything and […]

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Bipartisanship on the Right to Bear Arms

OK, it’s not entirely contemporaneous, and the 8 years made a big difference in the political fortunes of the parties; still it struck me as worth noting: From the 1856 Republican Party platform: Resolved: That while the Constitution of the United States was ordained and established by the people, in order to “form a more […]

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The Emerging Law of Detentions: The Guantanamo Habeas Cases as Lawmaking

Anyone doing serious work on detention, Guantanamo, war on terror, any of these areas, will want to read an extraordinary new study just out from the Brookings Institution by Benjamin Wittes, Robert Chesney, and Rabea Benhalim, The Emerging Law of Detention: The Guantanamo Habeas Cases as Lawmaking.  (I’ve given the SSRN free download link; here […]

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