Monday, November 30, 2009
And Also: Don't care about the Tiger Woods drama. Good finish to last night's game, even if the Ravens deserved to lose given all the chances they blew. The other team's third stringer did well, except at the very end (in OT), when another rookie picked him off. I like the NBC announcers more than the ESPN team as well, including Madden's replacement.
Sunday, November 29, 2009
In a battle of 4-6 teams, the Jets play fairly well, the vet QB is interception prone. A 8-8 record or better would be a moral victory at this point. Some late wins against underdogs including a down to the wire effort by the Falcons; the Titans (a better match-up than the Kansas City game shown here) had some finish via a 99 yd drive.
Saturday, November 28, 2009
Friday, November 27, 2009
And Also: Glenn Greenwald today notes how someone argues that it is strange to be "disappointed" by Obama's civil liberties record. But, we should have been on guard already, even if we opposed what was happening. Given his switch on immunity alone, which GG himself strongly opposed at the time, disappointment (as compared to strong opposition) on some level is downright naive.
Thursday, November 26, 2009
A discussion by me on arrogance cloaked in humility respecting originalism. Meanwhile, Prof. Balkin defends the constitutionalism of health care reform. Also, this guy's book on health care is pretty good so far. In fact, not bad mandatory reading for senators.
Wednesday, November 25, 2009
Time to pardon a turkey. This after a state dinner was vegetarian given the tastes of the Indian leader honored. Why not a vegetarian Thanksgiving? Meanwhile, a punt in a local out of state same sex marriage ruling. I'm with the concurrence. [Giants football]
Tuesday, November 24, 2009
Bad play is tedious -- the Bears and Houston in late games, for example, at key moments choked such as not making field goals or completions that had to be made. Also, coverage of the Jets has been tedious. The rookie QB was bad against the Pats, after the Jets beat them earlier and the Pats lost to the Colts. Shocking. And, other reasons contributed to more loses in the end than the QB.
Per the legislative prayer matter: the article now cites an opinion that "Allah" is sectarian if used in an English invocation. But, as my reply to that comment notes, the word on its own is used by Arabs of many faiths. And, the ruling below is not targeted to "Jesus," but "using Christ's name or title or any other denominational appeal."
Monday, November 23, 2009
Sunday, November 22, 2009
Some good games so far, including upsets by the scrubs going against the Steelers and Bengals (so, it evened out). The Giants (alive) survive another late game collapse, since they weren't only up by six this time, winning in OT. The Jets (done), as expected, lose to the Pats. The Redskins can't help the Giants, losing late 7-6.
Today is the 46th anniversary of the assassination of JFK. I discuss a controversy that helped delay Judge Hamilton's elevation to the 7th Circuit here, involving legislative prayer. Free online: Carrotblanca (cartoon parody) and Divine Souls [ironic given previous work by lead in It's In The Water, where she shuns such work].
Saturday, November 21, 2009
Republicans (one retiring didn't vote), including "moderates," don't want the Senate to even debate health care. So, clearly, they are not to be taken seriously. Ditto news reports who cite the likes of Ben Nelson as "moderates." [Centrists?] Who are the conservatives?
Friday, November 20, 2009
And Also: The movie Downfall was in part based on the memoirs of a young secretary, Until the Final Hour by Traudl Junge with pre and post Hitler material added by editor Melissa Muller (who also has a bio of Anne Frank). Interesting perspective, almost trivial at first, but gets darker as the war goes downhill. Good notes on the dramatis personae -- wish more histories had that!
Thursday, November 19, 2009
Wednesday, November 18, 2009
As a fan of The Penguins of Madagascar, found the Madagascar Christmas special (penguins minor characters) lame. Volokh Conspiracy is hot for the upcoming gun cases. The two main briefs (covering due process and privileges or immunities) are interesting and well done. See also, Balkinization on judicial nominations.
Tuesday, November 17, 2009
I have enjoyed Marlee Matlin in various things, including the t.v. show Reasonable Doubts, and she was a great sport in the recent Family Guy live special. Her new autobiography is an enjoyable light read with some moments of seriousness. It is about her life, not being deaf as such. For instance, we learn nearly nothing about the tiny amount of hearing that appears to linger on. Curious about that.
Monday, November 16, 2009
And Also: I'm not quite sold about the move, but a NY Daily News columnist was a (to quote him) "dummy" to ridicule the move as just plain moronic. As to the 'Boys, well happy for the Packers, but it sort of gives the Giants more hope than they probably deserve.
Sunday, November 15, 2009
Find a way to lose, each time new and equally pathetic. This time, hold the Jags all Second Half, but like the Giants, except when it matters. Seriously. The overcharged ticket holders deserve a f-ing rebate. Especially with their blowhard HC, this sucks big time.
Saturday, November 14, 2009
Hope the MVP of the WS in 1996 is doing okay -- still remember his well worn cap and him saying "I'm just a ball player" to a question. What hell is Webb talking about? "Just as" Japanese military pilots bombing a U.S. military target during WWII?! Also, the precedent is the first WTC trials. And, my comments to this Canadian hearing.
Friday, November 13, 2009
And Also: Getting a few hits via my cross case analysis. More telling is the two posts over at the Slate fray that got the most attention over the last few months: Letterman/Palin and one entitled "kittens" discussing a "three cats and you must buy a license" ($50) rule. Don't worry: the local law in question does not apply to kittens.
Thursday, November 12, 2009
The Fifth Circuit split with the Eleventh, though both lean conservative, on the issue of sex toys -- the former logically held their sale are protected by Lawrence v. Texas. Conservative, but strong separation of church of state advocate opposes Stupak Amendment on First Amendment grounds. Answering snarky argument, Balkin points out the obvious on health mandates.
Wednesday, November 11, 2009
Happy Veteran's Day! Notable how Justice Kennedy in Roper and Kennedy does not shy away from the horrible nature of the crimes. The LWOP cases would have been good audio to release immediately -- basic issue, public interest. Contrasting local views on gay rights.
Monday, November 09, 2009
And Also: Good summary of the problems with the Stupak Amendment. Some note abortions are relatively cheap (on average one; some are pretty expensive) at $400. Read a joke about needing to borrow $20 from a kid and not being able to pay it back. $400 is not pocket change for many. Plus, lots of covered stuff costs less.
Sunday, November 08, 2009
I re-watched Loving Leah on DVD (it has a "making of" segment) and one lesson in this charming love story is that faith and religion can still have power even if the literal doctrine is not followed. The spirit over the letter. Each realizes this, including the Orthodox mother, adapting it to the reality of their 21st Century lives.
Saturday, November 07, 2009
Friday, November 06, 2009
Thursday, November 05, 2009
This post on life imprisonment/the death penalty has received some hits. Brings to mind the upcoming case on life imprisonment without parole for teen offenders. Some thoughts here. Meanwhile, same sex marriage (even if passed by the legislature /supported by the governor) remains a line in the sand.
GG has a good account (and related video) of the independent Italian prosecution of a kidnapping [extraordinary rendition]. See also, Ghost Plane and how ignoring extradition treaties are of limited concern here. And, here as to terminology. Also, here. Things got worse, but they have been suspect for some time.
Matsui, who hit in the winning run off Pedro last time (who did fine that time), was responsible for six this time. In a throwback match-up, Pettite (who was the losing pitcher in 2003) on short rest does the job, while Pedro does not. And, Marte gets a key out too.
Tuesday, November 03, 2009
And Also: What GG said about the Arar decision. Unlike Canada, our government has no shame, and the courts (7-4, Sotomayor avoiding it by elevation) have enabled them. More on Democracy Now!
Monday, November 02, 2009
I talk about the draft and other stuff on this thread. Lee was mortal, but the Phils hung on (barely) as a bit strangely AB was started on short rest. Gaudin has pitched decent -- up 3-2, I think he could have been trusted. He's not Kenny Rogers.
Scalia recently promoted a dumbed down originalism and caricature of Breyer's living constitution approach. Breyer comes off as much more in the reality based community; Scalia a FOX talking head. Helped by fiction such as that Justice Harlan supported the Brown position.