Monthly Archives: July 2011

They should put Boehner’s face on one side, the other you can use your imagination

You want to know why all those analogies that sound like “I manage my finances/pay my debt/etc. so why can’t the government?” don’t work?

Because you can’t do this.

Seriously, I think that’s a fantastic idea. It’s at least constitutional.

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Filed under IMHO, Politics

Don’t even think about it

The worst possible thing Obama could do right now is use the argument that the 14th Amendment makes the debt ceiling unconstitutional to end this mess. It’s bad because it would be unconstitutional, it would upset the separation of powers, it would ignore the historical and statutory precedent for the debt, and it’s probably best we just show people how crazy the Tea Party is once and for all. Continue reading

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I am concerned not only with the stupidity of this letter but the broader implications that at least 50% of the people where you live voted for you

The Republicans in charge of the various national security committees know how to write.

We are concerned that the lack of a comprehensive military detention system will continue to have numerous detrimental results, including: incentivizing lethal operations over law of war detention; the loss of critical detainee-provided intelligence; forcing the United States to be wholly dependent on foreign governments to hold and provide access to detainees; and, as in Warsame’s case, bringing terrorists to the United States

The implications are that 1) we can “do more” to gather intelligence from detainees so long as they are not on US soil; 2) we never want to rely on other countries for help; 3) for the love of god, please don’t ever let a detainee set foot on the continental United States. Continue reading

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Obama had you two moves ago

Mike Luckovich of the Atlanta Journal and Constitution in today's paper.

The debt default negotiations are being called a game of chicken.* The classic example is two crazy teenagers on opposite sides of a stretch of road gun their engines and drive straight for one another. Strictly by definition this means that whoever flinches first is a wuss and thus loses, unless both flinch (everyone is a wuss/loses/lives) or both don’t (everyone is brave/wins/dies).

Politics is often called a zero-sum game.  Strictly by definition this means that there is one loser and one winner no matter what happens. But people are affected positively and negatively by playing (unless we’re talking nuclear warfare) creating a Heisenberg principal of politics.  Thus, just because you aren’t losing as badly as another player doesn’t mean you aren’t still hurt (Pyrric Victory) and just because someone won more than you did, doesn’t mean you are in bad shape.

Right now, the game is set up like chicken. Obama can “flinch” – compromise his party’s position on entitlements – to strike a deal. Or he cannot and either the GOP “flinches”  – compromise their Party’s position on revenue increases – or they won’t and the United States will default for the first time in its history. The outcomes, however, are no longer the same as chicken. Now, Obama probably wins and the GOP probably loses no matter what happens. Continue reading

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New poll shows 47% of Americans have no idea what they are talking about

A new poll shows that 47% of Americans believe that the government spending too much is a more pressing issue than the potential for a debt default.

I wish they had a follow up question, “So, if defaulting isn’t as important then what consequence of government spending are you so concerned about?” Continue reading

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Perspective matters

Josh Blackman is a conservative, or at least quasi-conservative. He remains relatively intellectually consistent, which is something most conservatives can’t handle. Today he has a post about a relatively personal situation where he was initially turned down for a rental application because he was a criminal – except that he is actually not. It was a mistake. The point he makes made me smile, though: Continue reading

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You win some, you lose some, sometimes it rains

Sometimes the justice system works, sometimes it doesn’t.

Josh Blackman makes a good point – and he and I rarely agree.

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In to the Woods . . .

 

Photos by Leila Higgins

Locks and Locks of fun

Justice Douglas is probably my favorite justice of all time. That is partly because of his jurisprudence and the creativity it embodied. Mostly, though, it is because of his environmentalism. Continue reading

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OMG! LMAO! FT Bluebook W!

“More importantly, the statement contains no auxiliary verb (e.g., “is” or “was”) connected to “finna,” which I understand to be a slang contraction for “fixing to,” much as “gonna” serves as a contraction for “going to.” See, e.g.,http://www.urbandictionary.com/define.php?term=finna (last visited Apr. 19, 2007) (defining “finna” as, “Abbreviation of ‘fixing to.’ Normally means ‘going to.’ ”).”

United States v. Arnold, 486 F.3d 177, 210 (6th Cir. 2007)
h/t Brian O’Connell – who has no page to link to but is a wonderful fellow studying evidence hard.

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Filed under Law School