Archive | November, 2012

Judge Cites Jay-Z, Judicial Watch Gets Upset

Above the Law reports that a federal district court judge cited Jay-Z’s “99 Problems” (and a relevant law review article) in a recent opinion. (We’ve cited it too.) Judicial Watch is not amused, as if judicial notice of iconic rap songs is a threat to the legal order.

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Election Predictions

I wouldn’t take this prediction to the bank if I were a betting man. But, like co-blogger David Bernstein, I give Obama a slight edge, perhaps a 60-65 percent chance of victory. In the contest between national polls favoring Romney and battleground state polls favoring Obama, I give slightly greater credence to the latter. My […]

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My Election Prediction

I thinking about doing a post on my election prediction, but Ted Frank has written a post on his election prediction and I agree with almost every word. Bottom line: Obama is a 60-40 favorite. Before the hurricane, I would have said “tossup.”

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Paul Krugman on Financial Reform

Paul Krugman has had an epiphany about why banks don’t like Barack Obama: But Konczal points out that there’s a more mundane financial reason Wall Street is mad at Obama: financial reform, even if it’s weaker than we might like (and it is, much), will undermine several highly profitable rackets. More transparent markets for derivatives […]

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Adventures in Microtargeting

In this much-discussed recent article, Sasha Issenberg argues that Democrats are much better than Republicans at “microtargeting”: the art and science of tailoring messages to the proclivities of individual voters and contacting them directly by phone, mail, or sending a volunteer. Issenberg’s account is interesting and entertaining. And it’s certainly possible that the Democrats are […]

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Odd Arizona Court of Appeals Decision

Fortunately it’s unpublished, and the defendant likely deserved to lose on this claim, but I was still surprised by the court’s analysis. The case is State v. Merrick (Ariz. Ct. App. Oct. 30, 2012), and the relevant portion reads: Defendant also contends that the court abused its discretion by granting the State’s motion in limine […]

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Fiat and Chrysler

Hans Bader makes some interesting and provocative arguments about Fiat’s acquisition of Chrysler–particularly whether it is creating a situation where Fiat is actually milking Chrysler.  Hans also argues that to some extent GM’s recovery has been inflated because of the hangover effect of Toyota’s safety recalls.

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Final Thoughts: Changing the Culture on Campus

This week I survived Hurricane Sandy, a massive tree covering the entire front of my house, an intermittent Internet connection, and even guest-blogging for The Volokh Conspiracy. For my last post, I wanted to end on a positive note. First, I wanted to let you all know that I am having a book event for […]

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Amicus Brief in Elane Photography v. Willock (the New Mexico Wedding Photography Case)

I’m pleased to report that I filed a friend-of-the-court brief, on behalf of the Cato Institute, Dale Carpenter, and myself, arguing that wedding photographers (and other speakers) have a First Amendment right to choose what expression they create, including by choosing not to photograph same-sex commitment ceremonies. All the signers of the brief support same-sex […]

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Free Market Alternatives to the ACA

Back in December, I criticized the false dichotomy set up by those who claim that the only available alternative to the Obama health care plan is some form of socialized medicine. In this recent essay, University of Chicago economist John Cochrane gives an excellent summary of free market alternatives to the ACA that can cut […]

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‘The New York Times’, Yale, and Sissygate

Last week, I had the pleasure of having my first op-ed published in The New York Times, and I was pleased (and a little surprised) when the letters to the editor that were published the next day were overwhelmingly positive. The op-ed changed a lot during the editing process, evolving from what started as a […]

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Is It Time to Reconsider Daylight Savings Time?

Daylight savings time ends this weekend, but should it be ended for good? Georgia State economist Spencer Banzhaf has an op-ed in today’s WSJ questioning the case for shifting the clocks over the summer. Here’s a taste: The United States adopted the annual use of daylight-saving time permanently in 1966, then lengthened its duration on […]

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