Monday, June 30, 2014
On the whole, a good addition to the "law stories" collection, but lacks a case related to criminal justice or even one chapter from the various historical cases (Bradwell etc.). And, darn is Reed v. Reed (sex alone an "arbitrary" grounds ... that's basically it -- centuries of thinking it is not might warrant a tad bit more) thin. And, Windsor is criticized ....
Saturday, June 28, 2014
The Vatican on Thursday issued the working document for the synod discussions, which in itself marked a sharp change from past practice: The Vatican sent out a 39-point questionnaire seeking input from ordinary Catholics around the world about their understanding of, and adherence to, the church's teaching on sexuality, homosexuality, contraception, marriage and divorce.Many thought the 1960s would bring change regarding contraceptives, but remarkably remains a major debate (at least some places -- see Hobby Lobby). But, even the Church can push against the tide for so long. This pope provides a modicum of hope.
Friday, June 27, 2014
SCOTUSBlog usefully has video from people on both sides reacting to McCullen v. Coakley. I respect [fwiw] the negative response to my comment there. One thing that comes up is the buffer zone in front of the USSC. I don't think it is quite the same myself, but do think the right approach there is consistency in less restraint. Others, e.g., have suggested the cell phone case is an "us too" sort of deal. If so, it's still correct, if selective. More.
Another "Disney star moves to ABC Family to have sex" (the name of the channel btw was a contractual obligation apparently) sighting, here the sidekick to Hanna Montana (no twerking yet). Here's a fair review of this comfort food material. I think my use of "fair" there will not get quite a reaction as before. No disrespect intended by my "wit" here.
Thursday, June 26, 2014
I find it a bit tedious SCOTUS is extending things to Monday aka "not in some form unanimous" day. Roberts quoted a Kagan law article. As to the dueling histories in the recess case, somewhat tedious if (somewhat) interesting reading. History only takes us so far and must be examined completely. Overall, a combination of things are needed.
Breyer wrote a narrow opinion against the Administration that got Kennedy's vote; Scalia wrote for the other conservatives wanting more. I can live with it; still think pro forma sessions a joke, needing a quorum in the NLRB provided a special situation as did political realities here. But, they also led (for now) a response regarding executive appointments. Plus, scheduling rules gives the House power to block Senate adjournment and thus apparently power over appointments. A bit strange. And, the opinion is sane.
Expected result except perhaps for no opinion, such as from Ginsburg, from the liberal wing. She appeared to accept the limits of Roberts opinion which focused not on it being content based (Alito separately suggested it might be), but not narrowly tailored enough. I think it is a fair opinion though a voice from the other side might have helped. HL for Monday. Update: See comment. I will leave it there. Maybe, "mostly fair."
Wednesday, June 25, 2014
It is quick reading and covers standard ground from an activist's perspective c. 2013. Some good stuff included: perspective of medical students, abortion portrayal on t.v. and the conservative nature of big abortion rights groups. References but does not discuss, to its detriment, the abortion battle during the ACA legislation process.
SCOTUSBlog is a place to go for opinions handed down, including the the Aereo case (6-3 against the creative attempt to find a loophole), a basically unanimous (Alito concurred separately in part to suggest legislative guidelines might change things) major protection of cell phone privacy (with potential further reach) and a third case few care about. Meanwhile, 10CA becomes appellate court first to protect SSM, 2-1 (dissent is pretty weak).
Tuesday, June 24, 2014
I'm somewhat sympathetic with the dissent in the denial of en banc -- heightened scrutiny for sexual orientation is sensible but Windsor didn't quite go as far as the majority said. It being a significant advancement, en banc would have made sense. I covered it here.
Monday, June 23, 2014
One good scene is when three of the "family" looks at the shy fourth talking to a girl, who clearly is sending signals (which he either doesn't catch or is too shy to respond to) that she wants him to kiss her. It is one of those "ring true" scenes nicely done that impresses. And, deals with relationship dynamics in a fashion with impressive nuance.
Troubling result as noted. The blog also discusses the rulings today, including an apparently acceptable(if too restrictive) EPA ruling. Multiple controversial cases remain.
13-9364 BALLARD, MICHAEL E. V. PENNSYLVANIA The petition for a writ of certiorari is denied. Marc Bookman, of Philadelphia, Pennsylvania is hereby directed to file within 40 days a response to the June 2, 2014, letter filed by Michael Ballard in this matterCurious order -- turns out the letter supposedly requests the appeals of the murderer (another unsympathetic character) end and his ("his"?) attorney is ignoring it.
Saturday, June 21, 2014
I think he confused the possible natural right to revolution with the constitutional right of secession, but Sandy Levinson (Balkinization) is more convincing regarding the prudential and realistic limitations of judicial review. The main theme regarding public monuments, including how to deal with even offensive ones, was an interesting read.
Friday, June 20, 2014
doing textual analysis with only dictionaries is like doing law and economics with only a pocket calculatorMore evidence that reductionists are often wrong, even if we assume for sake of argument their alleged reasoning process. The Canning case seems like a lost cause, but the discussion underlines that it still is aggravating since it is at least a close question, one that should be in this case entrusted to the political branches as applied.
Prudence moved to Australia from England at impulse and she is hired by the head office and send to Smoke’s remote work site. He tries to get rid of her but the head office insists she stay.I found this old Harlequin romance on the free shelf at the library -- the author is native of Australia and it reads pretty good for something fifty years old (though it was a thirty year old edition). Sometimes, like this time, find these things charming.
Wednesday, June 18, 2014
I'm not sure the limits of the ruling if even a minority of a group feeling something is disparaging and offensive is enough, but on the law, seems sensible (see also: no, kike beer/trademarked). More so if the owners just take the hint.
Tuesday, June 17, 2014
As in Lee v. Weisman, not THE Robert E. (see name of the principal in that case though). The discussion of the denial cited yesterday is interesting in part given the flashback/link to Greenhouse. Disclosure: young me at the time thought that case would go the other way.
New episodes for ABC Family shows, including a new one (about a young woman who gets cancer) ... not really gung ho about the plots though curious about Bailee Madison on The Fosters, which went downhill after a great first ten. The Mistress (ABC/10) also is something to check in on. Or, when they play, can watch Mets struggle. Curious about Young & Hungry.
Monday, June 16, 2014
District's practice of holding high school graduations and related ceremonies at a non-denominational, evangelical Christian church was violative of the Establishment Clause of the Constitution of the [U.S.].The USSC let the ruling stand with Scalia/Thomas dissenting. The dissent tries to expand Town of Greece to the school context, belittles opposition as mere "offense" and again diminishes religious liberty by putting a high bar on wrongful governmental conduct. Also, cites old or REAL old cases selectively. Wonder how Hobby Lobby votes will go!
Saturday, June 14, 2014
This is a bit surprising and too bad. Along with Puerto Rico and other territorial areas, these are often the forgotten people. A couple important Supreme Court cases on Native American issues also led me to wonder about recent cases involving territories/commonwealths etc. Other than the Insular Cases and Dred Scott, what are the top ones historically?
The subject of school uniforms (including as an example of how sitcoms can have something to say) was addressed by me in the past and is a subject of a recent op-ed. I understand they have some value but still dubious about them. OTOH, think it a bit crazy to think pubescent guys will not do some staring at some of the more revealing outfits. I know it's hard not to around here in the summer -- nice about of skin out there. And other things.
Friday, June 13, 2014
The season was pretty good, though the Phoebe/Cole stuff got to be too much for me. As usual, partially since I only had a week, skipped a few episodes that sounded off. Did not like how the Cole subplot ended & avoided (like Andy) the death episode of a key character. Think they replace Prue too soon in S4 and other subplots don't sound very good. Might end here.
These days, certain sides are more wrong, but there is wrong to go around. For instance, the suggestion people as a whole are going against Obama because he is black. Like Bill Clinton, right? Knee-jerk on a single judge's probably bad ruling on education too. To be fair, one of the two at LGM did later show his work. That's why you are generally worth reading.
Thursday, June 12, 2014
The fact the majority leader of the House of Representatives was beaten by an obscure Tea Party type in a surprising upset (TPM, e.g., doesn't seem to have flagged it being a big possibility) is somewhat reassuring and can hurt their presidential chances. But, might not be great for immediate governance as party will just go more conservative.
Monday, June 09, 2014
Sunday, June 08, 2014
Getting a few hits from my comments here, a post concerning the rape culture. I in effect note the link confused me as to details -- didn't quite understand what happened. Find this is true a bit too often, some basic question not answered. Also noted trivializing rape includes prison rape, something often part of immature humor or comments
I'm watching this final Prue season (maybe my last; the actress directs her own death) and the first few episodes are good. Not really interested in the Cole/Phoebe stuff though, something that is a major multi-season subplot. Continues to be incomplete regarding lives -- do they have friends? What about religion, including regarding modern day Wiccans? Phoebe questioning Piper's decision to marry is challenging stuff, but kind of wimps out.
As noted in this thread that has led back again to the 2A, a historian known particularly for his slavery writings has also written on the origins of the amendment. Useful reading, but just goes to show the limits of originalism. The text is there and it has taken a life of its own. The failure of Heller to discuss the federal power over territories etc. still is a bit disconcerting. I'd rest the individual right largely elsewhere myself. FWIW.
Reading about various religions, hit upon Jainism, which has a few particularly appealing principles. Two would be a complete "ahisma" non-violence principle that also influences veganism and the importance of pluralism/multiplicity of viewpoints (see, e.g., the old blind men touching elephant parable). I'm also sympathetic to some overall karma principle without some of its baggage. The focus on such principles as compared to a specific God also seems sensible. Has reputation of being a bit extreme. Many favor Buddhism.
Saturday, June 07, 2014
Friday, June 06, 2014
Not sure if by now predictable constitutional recognition that same sex marriage is part of marriage rights requires eighty-eight pages, but like others, this opinion has its highlights. Might be the first to cite Turner v. Safley to show the breadth of "marriage." The sex discrimination section is well covered. The "justice is not to be taken by storm. She is to be wooed by slow advances" is a nice touch. 10CA might be coming soon.
Thursday, June 05, 2014
This is a "Christian" film, meaning the main character is from a certain breed of Christian family. It's okay -- shut it off about 1/2 way -- but what amused me was that Kevin Pollak of all people is in it (he worked for the character) and Shawnee Smith (of various things, including Saw) played her mom. Again, she worked, but funny to see her here.
Sometimes, perhaps I should worry, find some on the left over the top & this includes some of the support of Edward Snowden. I think this has it mostly right and "the value of some of [his and others] revelations does not mean that they deserve the prestige and influence that has been accorded to them." Details at links. The fear of unjust legislation hindering his defense doesn't quite do it, sorry. Did MLK have it easier or something?
Wednesday, June 04, 2014
The Scalia opinion is, to say the least, unpersuasive.Just Security provides a good analysis of the Bond ruling here. Note the footnote. I repeatedly dealt with the other side when Rosenkranz et. al. badly discussed it at Volokh Conspiracy.
He gives color and flair to the Mets and his hitting (and decent defense, minus a few slip-ups) has made him a serious All Star Game candidate. His baserunning has been a tad questionable though he isn't alone -- coaching is partially at fault. Murph started the season on paternity leave and will be part of discussion on working fathers. Good for him!
Tuesday, June 03, 2014
Interesting look at a doomed (and convoluted) attempt to bring gradual emancipation to 1790s Virginia. Note, e.g., the limited rights of slaves. Contra to Taney and various current (ironic) supporters, that isn't a total oxymoron. More on St. George Tucker.
A public appearance is discussed here. Makes me think that -- like her recent concurrence in the tribal sovereignty case -- we need a good discussion on how the law affects Puerto Rico and other U.S. territories and such. Let's bury the Insular Cases.
Monday, June 02, 2014
BTW, on her wedding day, EE makes a passing reference to her sister. I seriously thought she was an only child before then. As she says, she is only putting forth one perspective. Anyway, the title concerns this post of hers, which I think rather mistaken. But, that is how it will go with beliefs. Big picture, however, from the book, she seems like someone you can respect.
She uses makeup now and is a little "spicy" (to quote her hubby), which livens up this memoir of an escapee of abusive fundamentalism (now a Catholic). Good Q&A at the end. I think the personal story stuff is pretty complete, but wouldn't mind reading more about her views on things in general. Guess that is what her blog and media appearances are for!
I'm still not overly enthused with some of its word play and the use of deadly drugs here is no goldfish/vinegar situation. Still, this was a bad usage of prosecutorial discretion that honestly sorta begged to be an extreme example to toss out as a red flag about what the feds shouldn't do. And, Scalia should leave the federalism stuff to Thomas. Comes off as conclusionary conservative gut stuff. Alito's brief concurrence (he did join others) is actually reasonable though still wrong imho. Like the "liberals" here, I'm okay with the majority.
As noted in the past, felt Carol Bond should lose, but the "clear statement" rule handed down today that does not make the nuances of the treaty power as a whole a judicial matter generally was likely the best realistic option. Somewhat (it isn't that obvious) sympathetic to the Scalia three resisting this constitutional avoidance, but not the to me shoddy results (e.g., conclusionary structural arguments, selective citation to Missouri v. Holland etc.).
Sunday, June 01, 2014
Daniel Lenerz, a friend of the couple who became a Universal Life minister for the occasion, officiated.One was a Ginsburg clerk, one Roberts. If it took place in NY, might have been an issue, especially in certain counties where a lower court ruling still is officially precedent blocking it.
“Elizabeth shares with candor, wit, and near flawless writing about the religion she was so deeply hurt by. Her story is heartbreaking, yet redemptive, and we would all do well to pay attention to how religion without the love, grace, and truth of Jesus Christ is an empty and destructive force.”Blurb from a book about abusive close-minded fundamentalism. Good book so far, not sure about implication Islam, e.g., is "empty and destructive" honors its spirit.