Archive | 2010

Second Judge Cancels Order That Required Newspapers to Delete Archive Stories

The Centre Daily Times reports, apropos the story noted here yesterday, and notes: The Judge [Judge Thomas King Kistler] said he learned that a total of 41 expungement orders submitted to the courts by Amendola’s office named the CDT and the Collegian, a Penn State student-run newspaper, among the agencies ordered to expunge information about […]

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McDonald, and the Voting Paradox:

Many years ago — 1992 to be precise — Steve Salop and I wrote a quirky little piece on something we called the “voting paradox.” It’s a minor, but very strange, little phenomenon in the law. The basic idea is quite simple. Suppose a 3-judge panel is hearing an appeal. In the appeal, the defendant […]

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Keynes v. Hayek – 1932 Redux

Mario Rizzo and Gerald O’Driscoll point to dueling letters to the editor from 1932 in The London Times by John Maynard Keynes and F. A. Hayek on whether government spending can help cure contemporary economic woes.  The letters, unearthed by Richard Ebeling, show that today’s debates over economic policy are, in many respects, a rerun […]

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DoJ Files Suit Against Arizona Immigration Law

Yesterday the Justice Department filed suit against Arizona’s controversial immigration law, alleging that it is preempted by federal law and seeking an injunction against its enforcement.  The NYT reports: The Justice Department argues the law would divert federal and local law enforcement officers by making them focus on people who may not have committed crimes, […]

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President to Recess Appoint Donald Berwick

So the New York Times is reporting that President Obama will recess appoint Dr. Donald M. Berwick to be administrator of the Centers for Medicare and Medicaid Services. The agency has been without a permanent administrator since October 2006. The Times reports: The recess appointment was somewhat unusual because the Senate is in recess for […]

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Hawaii Governor Vetoes Civil Unions Bill

The veto by Linda Lingle, a Republican, came after the bill had passed the state house, 31-20, and the state senate, 18-7. Now Lambda Legal will sue for civil unions in state court on state constitutional grounds. The state constitution was amended in 1998 to give exclusive control over the definition of marriage to the state legislature. The […]

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Michael Bellesiles’s Newest Tale

In its June 27, 2010 issue, the Chronicle of Higher Education published an essay by Michael Bellesiles, Teaching Military History in a Time of War: Yet the reality of teaching in wartime, most particularly at a working-class college such as Central Connecticut State University, is that war has touched the families of many of our […]

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Mitch Daniels For President?

I’m not ready to say I want Indiana Governor Mitch Daniels to become the next president. But I am certainly impressed with his list of five favorite books, which includes three authors who also made my list of books that influenced me the most [HT: Mike Rappaport]. Citing Milton Friedman’s Free to Choose and Hayek’s […]

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The Battle Cry of Freedom

[youtube]http://www.youtube.com/watch?v=1ffBXm7kJkk[/youtube] A wonderful song at all times, and especially around Independence Day, especially this year. “The Battle Cry of Freedom” was written during the Civil War, and sung by Union troops going into battle. This video pays tribute to Ulysses Grant, the General most responsible for winning the war for the Union. Elected President of […]

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Analogies, Metaphors, and Similes

As I mentioned analogies the other day, I thought this XKCD comic would be a good accompaniment.  Cass Sunstein wrote about analogical reasoning a number of years ago.  Lloyd Weinreb, in what I think is the most intellectually compelling take on this – careful and venturesome at the same time – developed several articles into […]

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Kids These Days

apparently hold the Framers in high regard.  Jason Ross, Vice President of Educational Programs for the Bill of Rights Institute (where I am privileged to serve on the Board of Trustees) reports on a poll conducted by the organization in connection with the 4th of July here.

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The Article V Library:

This is a cool research site–The Article V Library.  Robert Biggerstaff has collected volumes of materials not just on enacted constitutional amendments but proposed constitutional amendments through the years, including state calls for constitutional conventions.  He also tracks states that have rescinded previous calls for conventions. This is quite and exhaustive program that could prove […]

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Marshall v. Marshall Podcast:

For those who can’t get enough of Marshall v. Marshall, the Federalist Society posted a podcast discussion of the case last week.  Participants include David Skeel, Troy MacKenzie, and me, with Judge (and bankruptcy expert) Edith H. Jones as the moderator.  The discussion quickly moves to broader issues beyond the case itself to some of […]

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