Thursday, May 12, 2011
Is cheerleading ( or in this case not cheerleading) protected free speech? And how do we know what is and isn't a frivolous lawsuit?
These question stem from an uncomfortable case from Silsbee that the Supreme Court refused to review.
- Raped Cheerleader Told by Courts to Go Home and Be Quiet
- Cheerleader who wouldn't root for assailant loses
- Court OKs booting of cheerleader who wouldn’t cheer for rapist
- Cheer for your attacker, or else!
Here's the decision from the 5th Circuit Court of Appeals:
- John Doe, et al v. Silsbee Indep School District
- Raped Cheerleader Told by Courts to Go Home and Be Quiet
- Cheerleader who wouldn't root for assailant loses
- Court OKs booting of cheerleader who wouldn’t cheer for rapist
- Cheer for your attacker, or else!
Here's the decision from the 5th Circuit Court of Appeals:
- John Doe, et al v. Silsbee Indep School District
Monday, May 9, 2011
From TNR: Is Donald Trump a Demagogue?
The author thinks he's more of a wannabe.
Is Donald Trump A Demagogue? The New Republic
Great bit from the author. What is a true demagogue:
. . . a true demagogue meets four tests. First, he presents himself as a man of the people, rather than the elites. Second, he strikes a very strong, even overpowering emotional connection with the people. Third, he uses this connection for his own political benefit. Fourth, he threatens or breaks established rules of governance.
He also adds this great quote from Madison. contained in the bit below:
Demagogues are part of the natural life cycle of democracy. So much so that the Founding Fathers designed our various checks and balances and circuit-breakers in part from their mortal terror that a predatory mass leader—a demagogue—would convert popular adulation into American tyranny. James Madison, for instance, explained that “provisions against the measures of an interested majority,”such as an independent judiciary, were required to control “the followers of different Demagogues.” This doesn’t mean, however, that demagogues haven’t popped up throughout the country’s history.
The constitutional design takes into consideration the ways that demagogues try to derail democracies for their own purposes.
Is Donald Trump A Demagogue? The New Republic
Great bit from the author. What is a true demagogue:
. . . a true demagogue meets four tests. First, he presents himself as a man of the people, rather than the elites. Second, he strikes a very strong, even overpowering emotional connection with the people. Third, he uses this connection for his own political benefit. Fourth, he threatens or breaks established rules of governance.
He also adds this great quote from Madison. contained in the bit below:
Demagogues are part of the natural life cycle of democracy. So much so that the Founding Fathers designed our various checks and balances and circuit-breakers in part from their mortal terror that a predatory mass leader—a demagogue—would convert popular adulation into American tyranny. James Madison, for instance, explained that “provisions against the measures of an interested majority,”such as an independent judiciary, were required to control “the followers of different Demagogues.” This doesn’t mean, however, that demagogues haven’t popped up throughout the country’s history.
The constitutional design takes into consideration the ways that demagogues try to derail democracies for their own purposes.
Saturday, May 7, 2011
Friday, May 6, 2011
Thursday, May 5, 2011
Rehabilitating Lochner
From Volokh Conspiracy, a link to book touching on Lochner v. New York and the Right of Contract.
- Rehabilitating Lochner
- Rehabilitating Lochner
What is Originalism?
From the Volokh Conspiracy, a paper describing the current state of originalism and the living constitution:
- What is Originalism? The Evolution of Contemporary Originalist Theory
- What is Originalism? The Evolution of Contemporary Originalist Theory
How the South was Lost
An interesting take on the nature economic, political and social networks in the South - as opposed to the North - after the Civil War and their lingering consequences.
- How the South was Lost.
- Inputs and Institutions as Conservative Elements.
- How the South was Lost.
- Inputs and Institutions as Conservative Elements.
Selling the Texas Budget Cuts
A noted conservative Texas interest group launches an ad campaign promoting the proposed budget cuts.
Are Independent Voters Rational?
A couple of links on the topic from Andrew Sullivan,
- How Independents Vote
- "Rationality" reinforces, does not compete with, other models of behavior.
- How Independents Vote
- "Rationality" reinforces, does not compete with, other models of behavior.
Should a Gay Judge Recuse Himself From Ruling on a Challenge to California's Same Sex Marriage Law?
Linda Greenhouse weighs in.
This story touches on civil rights and elections, especially the conflict between majority rule and minority rights that is omnipresent in America's political system. It also addresses a topic we covered in 2302: how impartial is the judiciary and what legitimate means can be adopted to keep it impartial. Will the judge in question be impartial or will his decision be clouded by his personal interests. Perhaps more difficult: How would we know one way or the other?
This story touches on civil rights and elections, especially the conflict between majority rule and minority rights that is omnipresent in America's political system. It also addresses a topic we covered in 2302: how impartial is the judiciary and what legitimate means can be adopted to keep it impartial. Will the judge in question be impartial or will his decision be clouded by his personal interests. Perhaps more difficult: How would we know one way or the other?
Who Was Osama Bin Laden?
Apparently not every knows.
While it is tempting - and perhaps reasonable - to blame this on public ignorance, it also illustrates public short terms memory, and the fact that time marches on. Younger generations that do not live through certain historical episodes tend to not have the same level of awareness of them as those that did.
This one of the reasons why opinions change, as we discussed in 2301. People don't change their minds, but they do grow old, die and are buried with their opinions. Younger generations often to not share the attitudes of their elders - for better or worse.
- Omigod, Who Is Osama Bin Whatevs?
While it is tempting - and perhaps reasonable - to blame this on public ignorance, it also illustrates public short terms memory, and the fact that time marches on. Younger generations that do not live through certain historical episodes tend to not have the same level of awareness of them as those that did.
This one of the reasons why opinions change, as we discussed in 2301. People don't change their minds, but they do grow old, die and are buried with their opinions. Younger generations often to not share the attitudes of their elders - for better or worse.
- Omigod, Who Is Osama Bin Whatevs?
Tuesday, May 3, 2011
Assessing the Obama Presidency
These are both written before the killing of Osama.
- Falling Between Two Stools.
- The Great Mystery of the Obama Presidency.
- Falling Between Two Stools.
- The Great Mystery of the Obama Presidency.
Monday, May 2, 2011
The Fed Holds a News Conference
This is late news, but it seems to mark a change in how the Federal Reserve faces the public.
Commentary.
Its been pointed out that the chairman essentially threw his hands up and stated they can do nothing to address unemployment and GDP growth.
Commentary.
Its been pointed out that the chairman essentially threw his hands up and stated they can do nothing to address unemployment and GDP growth.
This Didn't Take Long: The Deathers
Maybe we can blame the web, but this might be a record for conspiracy theories.
Regarding Osama
For various comments and links regarding the killing of Osama Bin Laden this link to Andrew Sullivan's site should suffice: Live-Blogging: The Arc Of Justice.
And the obligatory political consideration: How does this affect the 2012 race?
And the obligatory political consideration: How does this affect the 2012 race?
The Limits of Public Opinion
From The Washington Monthly, a point we repeatedly make in 2301, abstract opinion differs from concrete opinion. People loke to say they support spending cuts, but not what they want to cut.
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