David Rivkin and Elizabeth Price Foley stress the importance of federalism in the WSJ, and lament its lack of support among politicians. Despite federalism’s many virtues, it is not much in vogue. Democrats view it as a quaint, 18th-century relic, another disposable constitutional concept that stands in the way of “progress.” The Obama administration has […]
Archive | October, 2012
How Syria is Iran’s route to the sea
“Syria is Iran’s only ally in the Arab world. It’s their route to the sea.” So said Mitt Romney at the Monday debate. The Associated Press, The Guardian, The Telegraph, New York, U.S. News, Brad DeLong, Rachel Maddow’s Maddowblog, Comedy Central, and The Daily Kos promptly seized the opportunity to show off their superior geographical knowledge, pointing out that Iran […]
Italian Court Convicts Scientists for Failing to Warn of 2009 Quake (Updated)
The Wall Street Journal reports that an Italian court has convicted six scientists and a government of criminal manslaughter for what the court said was a failure to warn of a 2009 earthquake. The judge sentenced the seven defendants to six years in prison, pending appeals. I was aware of this case back when the […]
Seventh Circuit Blocks Indiana Law Defunding Planned Parenthood
The U.S. Court of Appeals for the Seventh Circuit affirmed aspects of a district court injunction against an Indiana law barring Planned Parenthood from participating in Medicaid. The opinion, written by Judge Diane Sykes, begins as follows: In 2011 Indiana adopted a law prohibiting state agencies from providing state or federal funds to “any entity […]
Magistrate Judge Denies Court Order Application for Cell Tower Dumps
The decision is In re U.S. ex rel. Order Pursuant to 18 U.S.C. Section 2703(d), 2012 WL 4717778 (S.D. Tex. September 26, 2012) (Owlsey, M.J),, and it rejects an application under the Stored Communications Act for records of all of the cell phone numbers in communication with four different cell towers used around the time […]
More Bayonets, Fewer Horses – UPDATED
Not that any of you were wondering, but the WSJ‘s Julian Barnes reports that the U.S. military has over 600,000 bayonets and plans to acquire nearly 200,000 more. Even though bayonets are not a primary weapon in the contemporary military, this number is almost certainly greater than in 1916. Horses? Not so much. Apparently there […]
Federalist Society Lawyer’s Convention
The annual Federalist Society’s Lawyer’s Convention is coming up next month on November 15th to the 17th in Washington DC. You can see the schedule of events here. My co-bloggers Randy Barnett and Kenneth Anderson are speaking on panels, and many of the bloggers here will be attending. You can’t know yet if the mood […]
And Sometimes the Framers Erred
Let’s set aside the controversy about whether to have an Electoral College; instead, let’s ask: What happens if no candidate gets a majority vote? Well, under the original Constitution, the plan was very badly busted: Under art. II, § 1, cl. 3, each elector was supposed to cast two votes, without indicating which was for […]
Upcoming Debate on Citizens United at Amherst College
This Friday at 7:30 PM, I will be debating the Citizens United decision and campaign finance issues at my alma mater, Amherst College. The other participants in the debate will be Prof. Larry Lessig (Harvard Law School), John Samples (Cato Institute), and John Medaille (University of Dallas). I answered some common criticisms of Citizens United […]
Mann v. Steyn — Popcorn Time
Climatologist Michael Mann, creator of the infamous “hockey stick” graph, has filed suit against National Review and the Competitive Enterprise Institute for allegedly defamatory blog posts attacking Mann and his work. Dr. Mann has posted a release about the suit on his Facebook page. I’ll post links to the complaint once it’s on-line. In the […]
That’s Some Poetic License
From 25 Spanish Plays for Emergent Readers (K-1, Scholastic), an item from a play about planets: Neptuno: Yo soy Neptuno. Nunca estoy solo. ¡Mi pequeño amigo Pluton esta a mi lado todo el tiempo! I’m not much on Spanish, but I’m told this means, Neptune: I am Neptune. I am never alone. My little friend […]
Upcoming Speech on Virginia Eminent Domain Reform – With Virginia Attorney General Ken Cuccinelli
This Thursday at 6:30 PM, I will be speaking on property rights and eminent domain reform in Virginia at the Old Dominion Boat Club in Alexandria. I will be joined by Virginia Attorney General Ken Cuccinelli, or perhaps it is more correct to say that I will be joining the AG. The event is open […]
When Fact-Checkers Fight
Last night, President Obama accused Mitt Romney of saying Russia is the “biggest geopolitical threat facing America”? According to Politifact, this charge was true. According to FactCheck.org it was false. So each campaign can cite a “neutral” fact-checking organization in defense of their candidate. Who’s right? Decide for yourself. Here’s the transcript of the CNN […]
Josh Blackman, Webinar on “How To Enter the Legal Job Market”
The Institute for Humane Studies will be hosting a webinar Tuesday night from 7:00-8:00 by South Texas College of Law Assistant Professor Josh Blackman on “How to Enter the Legal Job Market.” Info is available here. If you aren’t already registered with the Institute for Humane Studies you will have to do so in order […]
“We Can’t Kill Our Way Out of This”
Did I actually just hear this from a major party candidate for President? I hope this sentiment does not become a footnote – and is embraced by whoever wins the election.