In an article just published at The New Ledger, I examine the long-term implications of the many right to arms victories in state constitutions, the U.S. Congress, and state legislatures on Tuesday.
Archive | 2010
An Immigration Memoir
The Hebrew Immigrant Aid Society (HIAS) runs a fascinating website that posts memoirs of Russian Jewish immigrants who arrived over the last 40 years. A friend of the family who runs the site asked me to write up my own story for them. Since HIAS helped out my parents when we first arrived in the […]
Continuing Optimism for the Stock Market
In late August, I began writing a post: “An Optimistic Scenario for the Stock Market and the Economy.” Because of the difficulty (bordering on impossibility) of predicting the stock market, I waited until I saw some evidence of a move up to post my predictions, which I did on September 9, 2010: Typically, a Democratic […]
The Return of John Kasich
I am at least somewhat happy to see that John Kasich was elected governor of Ohio on Tuesday. Back in 2000, I was one of about six people outside Kasich’s immediate family who supported his abortive bid for the presidency. I’m pretty sure that I was the only Kasich supporter at Yale Law School at […]
Anti-Homosexuality Speech in High School Classes
From the Livingston (Mich.) Daily: Howell Public Schools Superintendent Ron Wilson on Thursday said high school teacher Jay McDowell was disciplined [by being suspended for one day without pay] after it was determined McDowell violated a student’s First Amendment rights and significantly violated a district policy. “The student was speaking out on being offended by […]
The Constitution in the Financial Crisis Conference at Stanford Law School
Next Thursday and Friday the Stanford Constitutional Law Center (headed by Michael McConnell) will host a conference on “The Constitution in the Financial Crisis.” Ken and I will be presenting along with many others. Registration is free but they ask for registration in advance.
Harlan Institute Education Initiative
Rising star legal blogger Josh Blackman also doubles as president of the Harlan Institute (for which I am an unpaid adviser), in addition to writing more law journal articles than a good many tenured professors. Few other recent law school graduates have accomplished so much in so little time. Josh and his Institute have an […]
The Economy and the Election
Some commenters on my earlier post on the election criticize my claim that the economy determined the outcome far more than the health care bill and Obama’s other left-wing policies. I don’t deny that these factors hurt the Democrats. But the economy mattered far more. The standard economic model of midterm electoral outcomes developed by […]
Call for a Response (CFR) in My Non-Unanimous Criminal Verdict Case
I’m glad to say that yesterday the Supreme Court asked the State of Oregon to file a response in Herrera v. Oregon, the case in which I filed a certiorari petition challenging Oregon’s practice of allowing criminal convictions by nonunanimous juries. (Louisiana is the only other state that allows such convictions in cases to which […]
Sanction of the victim?
I imagine there must be a substantial literature on whether sometimes, you should boycott a process you feel is illegitimate rather than trying to ameliorate its effects by participating. For instance, should a democratic political party participate in substantially unfree elections, or should one collaborate with an illegitimate regime? I would appreciate pointers to relevant […]
The Defeat of Proposition 19
To me, the most disappointing of the many electoral results this Tuesday was the relatively narrow (54-46) defeat of California Proposition 19, the marijuana legalization initiative that I and and many other VCers endorsed. I’m not disappointed because this proves that law professors have little electoral clout. We knew that already. Rather, the disappointment is […]
Mitch Daniels Wins Big
The Indianapolis Star reports a major Republican landslide in the Indiana state legislature. This gives him a strong hand to carry out his budgetary and educational reform proposals over the next two years. It sure sounds like music to my ears. If he is running for President, as many suppose, a relatively free hand to […]
Three Iowa Justices Defeated For Same-Sex Marriage Ruling
Three Iowa Supreme Court Justices were tossed as a result of their votes mandating that same-sex couples be allowed to marry. They are the first Justices who failed to be retained since 1962, when the current system was implemented. Although I don’t understand the complaint of Drake University Law School Dean Allan Vestal that this […]
A Few Thoughts on the Mid-Term Election Results
In no particular order: 1. What’s the impact of the changing composition of the Senate on the judicial confirmation process? Presumably this means a tougher road ahead for more controversial lower-court nominees, but it’s not clear to me how the details will work out there. If Obama gets another Supreme Court nomination in the next […]
In Case You’re Wondering What the HIV Virus Sounds Like . . .
. . . Alexandra Pajak, a grad student at the University of Georgia, has made a recording by assigning different pitches to the different DNA sequences. From the snippets available, it sounds pretty good (especially for such a nasty little micro-organism). And it raises the question: With all of the recent controversy surrounding the patentability […]