Saturday, May 31, 2014
At times, I find his blogging a bit shallow, but Gerard Magliocca generally is fair and has an evenhanded mind about things, even if he self-represents as leaning somewhat right. I enjoyed his past books and his John Bingham bio is pretty good. Still, at under two hundred pages (lots of notes), he could have added more detail at times. Bingham btw doesn't do originalism that much favors. He's rather opaque at times, others having changing, at times idiosyncratic views. He also is a flawed character when it comes to liberty. Perhaps, this human quality (politician too) appeals in the long run.
Friday, May 30, 2014
It still was mostly a Democratic move (both sides are anti-drug warrior types, but one party has more dissenters), but this can be a "game changer." Plus, that is what is key in these matters -- some room for crossing party or ideological lines. We need to go further here especially with states with decriminalization out there. But, credit where credit is due.
Thursday, May 29, 2014
Judge Richard Posner asked why—if requiring admitting privileges was truly a public health measure—the state targeted abortion clinics, rather than regulating outpatient clinics that do procedures with higher complication rates. “Why did they start with abortion clinics? Because it begins with the letter ‘A’?” Posner asked.Yup. Non-generally applicable health care rules to me is a constitutional problem here.
“Whatever you think of my movie, it resembles me,” Golino told THR. “It's a concentration, a perfume, of me. It has my scent.”I have yet to seen it, but sounds like a great first effort from someone shined in both comedy and drama, in the U.S. and Italy. And, other places, probably!
Wednesday, May 28, 2014
"Kynect is the Affordable Care Act is Obamacare — even if Kentuckians are confused about which is which," the editorial continued.Kentucky paper has it right. Darn, I hope this guy loses.
After the team blew the team game (again) for a young arm (the "Harvey treatment"), the hitting coach was fired and who I call "Papa Oh Vey" was DFA'ed. As a movie character noted, "things we could have done YESTERDAY," before the guy blew the game. Poor clutch hitting helped too. Good luck Lamar Johnson, Vic Black (new reliever) and maybe a new bat? Ha ha.
I think at least much of this is on point and also think Kinsley's review fairly sensible. I say this as someone who long was tired of GG's schtick and wary about the outer limits of his views on this point. For an alternative view that thinks MK is a tool.
Tuesday, May 27, 2014
Memorial Day is an apt day for the U.S. premiere of this satisfying conclusion (if it is) of the series many fans thought ended too earlier & surely on an unsatisfactory note regarding at least one subplot. It concerns some women working at a bomb factory during WWII in Canada, one who is now a spy. Basically everyone returns -- rebroadcast on Reelz on June 1st.
As I note in comments, curious how this new "solution" is never used. Is it the connotation of "gas" in general? Or, as suggested, its connection to euthanasia? Problem with "unusual" punishments? Something else? Also, "best" doesn't mean the punishment is substantively acceptable. But, if it exists, the best possible means should be used. What is the goal there?
Monday, May 26, 2014
The Wikipedia entry notes this (an overall enjoyable film about a mixed race girl raised by Lord Justice Mansfield of Somersett case fame -- not referenced here in part for dramatic effect given another case involved) is a work of "historical fiction" though there is a "based on true story" (or the like) notice. Yes. But, not only for lack of info, as I saw from a glance of her actual bio. Understand though why change a key point of the painting?!
Saturday, May 24, 2014
I referenced this book about a young couple opening a pizzeria in Seattle earlier. It's decent, nothing special, and a bit forced in trying to find "life lessons." Also, the recipes basically are filler, if at times connected to the goings on. Pleasant enough read though.
Friday, May 23, 2014
I'm sympathetic to this lawsuit (if not supportive of everything said) to void the debt ceiling though made it known in the past that I think the issue somewhat complicated. The "private attorney general" concept is one that I support too, if more so than many judges these days.
[O]ur disagreement is not just with Justice Kennedy’s interpretation of constitutional law in this case; we see a different real world than the one he describes and to which he applies constitutional principles.See more here. His failure to engage with the dissent didn't help.
Thursday, May 22, 2014
I have been thinking that literature or art could be a route into a more persistent presence of the dead. Mary Favret, a literature scholar at Indiana, gave a brilliant paper at Emory last year on soldiers and suicide. She explored the topic through close analysis of 18th and 19th C paintings, and suggested that "if something cannot be articulated in language, it might nonetheless be made visible." -- Mary L. DudziakThe question then becomes "will those who see, perceive?" [that's me, no extra charge]
I don't support reparations, but this is interesting for its journey -- it is important, e.g., to understand just how much slavery was basic to antebellum society. Change sometimes is very hard to come by for a reason -- doesn't mean change is wrong, it does help understand why it's so hard a bit more. Meanwhile, on immigrants by one of the better NYT columnists.
The author of a leading food blog has a new book out about opening a pizzeria with her husband (named after a Manhattan subway stop/area, but in Seattle). It is pretty good so far. Fan of bread and bread related products myself. Can make a meal out of loaf of garlic bread and some broccoli. Focaccia bread is great too. And, crackers with pasta!
Wednesday, May 21, 2014
I think the concurring opinion to a 9th Cir. stay of a SSM in Idaho ruling has bite. Not clear-cut compelling, but has bite. Under current law, there is not a strong case (though to me, some degree of sense) in holding up marriages, but SCOTUS sent another message.
Tuesday, May 20, 2014
I think this analysis (including its praise of the book) is right as to the Court's brief citation in Galloway, the problem being not misstatement but failure to face up to the analysis, especially given how "history" is supposed to be so important here. "Precedent" also didn't compel the result. Book is fairly standard but appropriately evenhanded and cautious.
Monday, May 19, 2014
This account (mostly in Perpetua's own words) was not included in A New New Testament out of a desire to limit the books to the time period of the writing of the New Testament though a few of the former books might actually have been written later. It's a striking account including the actual martyrdom in the arena. That father's pathos especially.
Sunday, May 18, 2014
I recently discussed a short book on Gnosticism and the last book in A New New Testament -- Apocryphon of John -- is a good place to look to examine the basics in their entire rather confusing complexity. The Letter of Peter to Philip provides a much shorter summary.
Saturday, May 17, 2014
I was a Yankee fan in the Torre years, but as the old guard started to break up, became a stronger Mets fan. Unfortunately, this was during their imperfect years, when they did a lot of teasing, but dropped off at the end. This was to be a bridge year, but problems again. The handling of Lagares even has led to the SNY field reporter to lash out. Moronic business.
Friday, May 16, 2014
GITMO has various problems, including its isolation, so it matters if it closes even if "that could mean a continuation of indefinite detention without a trial." Note too, potshots at "no one caring" aside, how their efforts have been "frustrated by limits that Congress has imposed each year" and it has not just been forgotten about. Good discussion.
THE SECRET SIDE OF EMPTY is a young adult novel about M.T., a high school senior who is is undocumented. As a straight-A student with a budding romance and loyal best friend, M.T.’s life seems as apple-pie American as her blondish hair and pale skin. But she hides two facts to the contrary: her full name of Monserrat Thalia and her status as an undocumented immigrant.The author knows of the subject though growing up in a different era. Slips a bit late, but on the whole, good first novel with a main character we can relate to.
Thursday, May 15, 2014
h/t SCOTUSblog morning round-up, some interesting analysis about the current status of school (de)segregation, including an update to the companion case to the infamous Parents Involved case. Kennedy's concurrence apparently has some value there.
I am sympathetic with this reply to a (sadly typical) somewhat overboard post, especially when the oral historians themselves have a restrained reply to the controversy.
Wednesday, May 14, 2014
There is sound criticism of the "universality" of natural law, but this article ends with an interesting bit on "[r]egional human rights laws and institutions are understood to reflect the shared histories and political, economic, or cultural realities of a geographic area." "We" hold these truths self-evident ... that's how our Declaration explains things. Telling pronoun.
Tuesday, May 13, 2014
Notably she started with a quote from Justice Blackumn's Bowers dissent, giving him his due in this context. In Lawrence, it was Stevens' dissent that was quoted. Meanwhile, the military's ban on transgender members is seriously being reviewed. Times change.
Interesting articles over at NYT: efforts to have "bird safe" glass and a fat woman speaks out on a t.v. show on male reactions to her -- don't watch the show, but it's a good example of how fiction can have something important to say. As I said in a letter back in that '90s.
Monday, May 12, 2014
Sunday, May 11, 2014
Saturday, May 10, 2014
It has been over forty years since Mildred Loving was given the right to marry the person of her choice. The hatred and fears have long since vanished and she and her husband lived full lives together; so it will be for the same-sex couples. It is time to let that beacon of freedom shine brighter on all our brothers and sisters. We will be stronger for it.Arkansas state judge, striking down marriage ban. Will any court ever again UPHOLD such a ban? Meanwhile, powerful/tragic Atlantic article on a return to segregated schools.
Friday, May 09, 2014
Yup. H/t Election Law Blog. My central beef near me is that basically no one (at least the average voter) knows anything about these people. I was hard-pressed to find out about the candidates even when I tried -- we get a voter's guide, but they aren't even included! The other concerns ring true too. Republicanism has some value over direct democracy here.
I'm with the ACS person -- qualified praise, including remembering Scalia and Thomas don't join in everything. His opposition to the exclusionary rule should have received a bit more notice. I saw another article that flagged him as sort of a swing justice here. Might be overall more accurate. He's not simply kneejerk, but "Scalia tendencies" do arise in this area.
I recently read Alyssa Milano's book on baseball (decent) and caught this series on demand (repeats are on TNT). Didn't get into to it when it was on, but watching the first series, might be that it lost something as it went along. S1 (DVD/no extras) was rather good both acting and general storylines. Good use of character stories. I vote for Piper.
Thursday, May 08, 2014
I agree with someone who told me recently she thought ball players were paid too much (and surely with the problem with long contracts), but up to a point it seems fair for them to get a piece of the pie. But, so should others who provide us the overall sports experience.
I did not see the film, but the result (out of Texas yet!) is a bit reassuring though the "celebrity" nature of the case was likely significant. Still, the prosecutor recognized his mixed role (justice overall). And, the same principle often arises in death penalty cases -- the person is not innocent, but at least perhaps is not guilty enough for that level of punishment.
Monday, May 05, 2014
Friday, May 02, 2014
Thursday, May 01, 2014
(1) Yes, a "national day of prayer" is problematic, particularly since "prayer" is a certain type of religious practice, mild sectarian endorsement or not. (2) I'm wary of partial lists for "equality" or "cruel or unusual," etc., so don't like Stevens' death penalty amendment idea. But, guess who argued the defendant side in Baze v. Rees? Our current U.S. solicitor general.
Latest book promotion appearance -- the U.S. Senate. Full remarks found here along with overly broad sentiments on searching bank records and the like. A lowly clerk might see medical records; showing it to the government, a bit different. Best spin on his "money is not speech" bit (easily confused) is that yes it is used for it, so has some protection, but not the same as pure speech. Lyle Denniston was wary about his remarks (can apply to both).