A mesolibertarian voice.
What is a mesolibertarian? Not a paleo or a neo. The traditional principled kind. notanempire@aol.nospamcom (you know what to do with the "no spam")
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Thursday, December 22, 2005
What Are the Limits on Executive Power, Anyway?
This is a serious law school-type hypothetical.
A journalist in a foreign, but not officially hostile, Middle Eastern country (not Iraq, Syria, Iran), (e.g. Egypt, Jordan), writes an article vociferously attacking the President and US foreign policy. The President decides the journalist should be killed as it may harm alliances or the war on terror.
A) He authorizes private friends to make the hit.
B) He orders the military to do the hit.
Lawful or no? Write on only one side of page in your bluebook.
Assume no other persons or parties will be injured in the assassination strike by either of the above means.
This is a serious law school-type hypothetical.
A journalist in a foreign, but not officially hostile, Middle Eastern country (not Iraq, Syria, Iran), (e.g. Egypt, Jordan), writes an article vociferously attacking the President and US foreign policy. The President decides the journalist should be killed as it may harm alliances or the war on terror.
A) He authorizes private friends to make the hit.
B) He orders the military to do the hit.
Lawful or no? Write on only one side of page in your bluebook.
Assume no other persons or parties will be injured in the assassination strike by either of the above means.
Tuesday, December 20, 2005
Evolving Jurisprudence
This decision sort of blows. The one just handed down overturning the Dover, Pennsylvania school board requirement for teaching "intelligent design" (ID) as an alternative to the theory of evolution.
The decision focuses too much on the Establishment clause and on the motives and history of the ID movement (a dangerous area) as a fundamentalist movement. It is not, as it should be, centrally about the scientific merit of the theory.
Frankly, if the plaintiffs could have done it, they should have had the School Board's order litigated according to the science evidence standard of federal courts - the Daubert case. (Perhaps they could have challenged each ID expert's admissibility.) That would have required it to be shown that ID was a theory with widespread peer review support, acceptance in the scientific community, with demonstrated testing etc.
In a way, the judge did apply that reasoning in determining ID not to be science, but he did so without citing Daubert which he should have.
And he should have started and stopped with that.
The School Board would have lost in a slam-dunk with Daubert applied alone....
Instead the court is probing motives behind legislation and political movements, a very very dangerous area for a free and democratic society, but one that pleases the reflexive anti-fundamentalists.
Don't overturn this, but distinguish, narrow, and modify it.
This decision sort of blows. The one just handed down overturning the Dover, Pennsylvania school board requirement for teaching "intelligent design" (ID) as an alternative to the theory of evolution.
The decision focuses too much on the Establishment clause and on the motives and history of the ID movement (a dangerous area) as a fundamentalist movement. It is not, as it should be, centrally about the scientific merit of the theory.
Frankly, if the plaintiffs could have done it, they should have had the School Board's order litigated according to the science evidence standard of federal courts - the Daubert case. (Perhaps they could have challenged each ID expert's admissibility.) That would have required it to be shown that ID was a theory with widespread peer review support, acceptance in the scientific community, with demonstrated testing etc.
In a way, the judge did apply that reasoning in determining ID not to be science, but he did so without citing Daubert which he should have.
And he should have started and stopped with that.
The School Board would have lost in a slam-dunk with Daubert applied alone....
Instead the court is probing motives behind legislation and political movements, a very very dangerous area for a free and democratic society, but one that pleases the reflexive anti-fundamentalists.
Don't overturn this, but distinguish, narrow, and modify it.
Stumbling Democratization Efforts in Yemen
A nice commentary and original story link on the stumbling efforts of foreign aid democratization in Yemen.
A nice commentary and original story link on the stumbling efforts of foreign aid democratization in Yemen.
Saturday, December 17, 2005
What about the algebra teachers?
Alot of buzz about taking Christ out of Christmas, but I believe there are a few furious algebra teachers mad about the taking of the X out of Xmas.
Alot of buzz about taking Christ out of Christmas, but I believe there are a few furious algebra teachers mad about the taking of the X out of Xmas.
Wednesday, December 07, 2005
Give Provos A Chance: The 25-Year Dead John Lennon . . .
. . . imagines some of the world, not quite living as one.
Some less-remembered lyrics from Lennon's "Sunday, Bloody Sunday", recorded a year or so after "Imagine" and not too long after "Give Peace A Chance". (And no, he didn't mean these words ironically):
______
____________
-- John Lennon, "Sunday, Bloody Sunday"
Perhaps he and Yoko were undergoing tribal scream therapy.
Anyway, what else to expect from a guy who turned the Communist Manifesto into a piano sing-a-long ("Imagine")?
Nevertheless, he could still consistently manage some rather good tunes and memorable lyrics. So Rest in Peace, John Lennon, even if you were not quite the Man of Peace the fans like to celebrate.
. . . imagines some of the world, not quite living as one.
Some less-remembered lyrics from Lennon's "Sunday, Bloody Sunday", recorded a year or so after "Imagine" and not too long after "Give Peace A Chance". (And no, he didn't mean these words ironically):
______
They've got a lot to learn
Internment is no answer
It's those mother's turn
to burn!
Sunday bloody sunday
Bloody sunday's the day
You anglo pigs and scotties
Sent to colonize the north
You wave your bloody
Union Jacks
And you know what it's worth!
How dare you hold on to ransom
A people proud and free
Keep ireland for the irish
Put the english back to sea!
____________
-- John Lennon, "Sunday, Bloody Sunday"
Perhaps he and Yoko were undergoing tribal scream therapy.
Anyway, what else to expect from a guy who turned the Communist Manifesto into a piano sing-a-long ("Imagine")?
Nevertheless, he could still consistently manage some rather good tunes and memorable lyrics. So Rest in Peace, John Lennon, even if you were not quite the Man of Peace the fans like to celebrate.