Category Archives: Law

A FISA Gedankenexperiment

Wulf at Atlas Blogged proposes a thought experiment regarding the FISA warrantless surveillance program that has been the subject of much civil libertarian hand-wringing: Suppose the CIA wants to eavesdrop on Vladimir Putin. They don’t need a warrant. They just … Continue reading

Posted in Domestic Politics, Foreign affairs, Law, Libertarianism, MichaelW's Page, Military Matters, Notes on the war | Leave a comment

News Brief, À Cause Des Garçons Edition

Cross-posted on The Conjecturer. Defense & The War Dear God. The USAF thinks it will win counterinsurgencies by copying the Viet Cong? These guys are almost as bad as the PMFs. In a must-read analysis, Abu Muqawama concludes, “This, America, … Continue reading

Posted in Domestic Politics, Economics, Foreign affairs, History, Law, Military Matters, Notes on the war, regulation, Technology | 11 Comments

Reality vs. Snark

My tolerance for sheer bloody-mindedness is actually pretty high. If someone wants to insist that they are right despite every fact being against them, then that’s their problem as far as I’m concerned. When such persons continually lob snarky, and … Continue reading

Posted in Law, MichaelW's Page, Military Matters, Notes on the war | 5 Comments

Justice in Jena-Updated

As a Louisiana native I probably should have weighed in on the “Jena Six.” Like Michael, and many others, my initial reluctance has been being unsure of what really happened due to sketchy and conflicting reporting. What I can say … Continue reading

Posted in Domestic Politics, Lance's Page, Law, Louisiana Politics, Media, Race, Society | Leave a comment

Huh?

UC Irvine law school fires him for being too liberal? About a week ago, Erwin Chemerinsky, the well-known constitutional law scholar at Duke, signed a contract to be the inaugural Dean of the new law school at the University of … Continue reading

Posted in Education, Lance's Page, Law | 2 Comments

Defaming Petraeus (Updated X4)

Promoting partisanship over prosecution of the war effort reaches an a new low today with the placement of an ad by MoveOn.org blatantly libeling Gen. David Petraeus: … as General David Petraeus provides his Iraq assessment to Congress–the antiwar group … Continue reading

Posted in Domestic Politics, Law, Media, MichaelW's Page, Notes on the war | 16 Comments

Tarred and Feathered

Here is the story.

Posted in Lance's Page, Law, Society | Leave a comment

Hi-Tech Extortion and Terrorism

When threats are phoned in, how seriously should they be considered? At my last company, one of the buildings we had offices in would get a bomb threat called in 2 or 3 times per month. Now, the company gave … Continue reading

Posted in Keith's Page, Law, Society, Technology | 2 Comments

Constitutional Matters at the New York Times

So, when you spend a great deal of time touting your authority based on the unique advantages of editors, the question must be asked, who reviews the views and claims of the editors? From the editorial board of the New … Continue reading

Posted in History, Lance's Page, Law, Media | 56 Comments

Huffpo off the deep end again-Update

General Pace, suddenly a voice of wisdom after supposedly being part of the problem, has suggested we need to draw down forces sometime next year. This has driven Martin Lewis to argue that Pace relieve Bush of his command and … Continue reading

Posted in Domestic Politics, Lance's Page, Law, Military Matters | 3 Comments

Torture in criminal justice

Are we irrationally biased against torture? In many situations it would be better to impose a punishment of torture than imprisonment. The fact that the U.S. justice system rejects torture as a punishment is the result of an anti-torture bias. … Continue reading

Posted in Lance's Page, Law, Society | 12 Comments

Presidential aspirations anyone?

From Daniel Drezner: Alex Tabarrok proposes So You Think You Can Be President? One proposed segment: Game Theory: Candidates compete in a game of Diplomacy. I would also include several ringers – say Robin Hanson, Bryan Caplan and Salma Hayek. … Continue reading

Posted in Domestic Politics, Lance's Page, Law | 2 Comments

Just how close to economic fascism did we come?

We may have been closer than we think in 1935, though Nate Oman believes the threat would have receded in the light of political reality. Whatever the case, the discussion of the case of Schechter Poultry Corp. v. United States … Continue reading

Posted in Economics, History, Lance's Page, Law, Libertarianism | 1 Comment

The Ever Expanding Reach of the State

Radley nails this: So I guess once you’re elected to Congress, you’re immune from drunk driving laws; you can stash the evidence that you’ve committed a crime in your office, because investigators aren’t allowed to search it; if you kill … Continue reading

Posted in Domestic Politics, Lance's Page, Law, regulation | 2 Comments

Law Lessons: Declarations of War

Writing over at Ace’s place, Gabriel Malor has a comprehensive set of posts on Declarations of War in light of the Constitution and case law. They are very straightforward and well written, to say the least. An excerpt: Current Event … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page, Military Matters, Notes on the war | 19 Comments

Lessons From Delaware

It’s been said before, and I’ll reiterate it now, that if you want to reduce the amount of influence that money and special interests have over the federal government, then you need to reduce the amount of power that Washington … Continue reading

Posted in Domestic Politics, Economics, Law, Libertarianism, MichaelW's Page, Milton Friedman Memorial Page | Leave a comment

The New FISA Law

I am not qualified to judge this post on its merits, so I would appreciate some comments on XRLQ’s exegesis.

Posted in Domestic Politics, Lance's Page, Law, Libertarianism | 7 Comments

The Law Explained: Wyatt Earp Edition

McQ notices a strange outcome from The Court of Appeals of the State of Kansas regarding an illegal immigrant, and asks for an explanation of the ruling: While unauthorized entry into the United States is illegal, being in the country … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 12 Comments

How High to set the Bar

Instapundit today revisits a theme I have touched on a few times over the last year. I have maintained a pretty standard reply to claims about the awfulness of this administration. When I hear about how incompetent, dangerous, uninterested in … Continue reading

Posted in Domestic Politics, History, Lance's Page, Law, Libertarianism, Notes on the war | Leave a comment

Fred’s Fundraising

In listening to Morning Edition on NPR today, I had the privilege to hear Renee Montagne and Juan Williams tut-tutting the latest fundraising figures for Fred Thompson. According to Williams, Fred is falling behind in only raising $3.5 Million so … Continue reading

Posted in Domestic Politics, Election 2008, Law, Media, MichaelW's Page | 2 Comments

The Guantanamo Problem

If you haven’t read it, read the entire post (especially the extensive update to the original post) from Kenneth Anderson on the proper way to view people we detain in our struggle against terrorism. Especially his thoughts on how treating … Continue reading

Posted in Domestic Politics, Foreign affairs, Lance's Page, Law, Notes on the war, Society | Leave a comment

Gonzales Goes Down

Well maybe not as fast as some of us would like. I’ve not been a big fan of Gonzales, but neither have I been a huge detractor. He strikes me as politically tone deaf, which is the primary cause of … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 2 Comments

The Chronicles of Spitzer

I’ve opined before about how NY Governor Elliot Spitzer is a perfect example of a modern day tyrant, judging solely by the intimidation tactics he used as Attorney General (quoting Prof. Bainbridge):

Posted in Domestic Politics, Law, Libertarianism, MichaelW's Page | Leave a comment

Guerrillas In Our Midst (Updated)

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the … Continue reading

Posted in Domestic Politics, Foreign affairs, Law, MichaelW's Page, Notes on the war, Technology | 3 Comments

Curse of the Monica

Is it possible that for the second straight time a presidential administration is permanently hobbled by someone named Monica? For whatever reason, frequent commenter “glasnost” decided to take me to task because I was not sufficiently incensed enough about the … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 3 Comments

Congress Declares Itself Illegal!

At least, one could read it that way (my emphasis)(HT: McQ): Defying White House opposition, the House passed legislation Wednesday that would make gas price gouging a federal crime in times of an energy emergency. In a 284-141 vote, only … Continue reading

Posted in Domestic Politics, Economics, Humor, Law, MichaelW's Page | 1 Comment

Goodling Testimony – Much Ado About Nothing?

The much anticipated congressional testimony of Monica Goodling, former DOJ liason to the White House, regarding the firing of 7 U.S. Attorneys appears to be more of whimper than a bang: The Justice Department’s former White House liaison denied Wednesday … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 6 Comments

Debate Extended on Immigration Bill

[UPDATE: Whoops! I see great minds think alike, and that Keith posted on this as well, so read that too.] After much procedural wrangling, Sen. Harry Reid opted to put off a vote on the much-maligned immigration bill (which can … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 1 Comment

Immigration Reform – A Step Forward?

Michael Barone has the editorial the probably matches my current take on the issue. I haven’t read much about the current compromise, and haven’t read the actual bill. It does seem to have riled up all “The Usual Suspects.” I … Continue reading

Posted in Domestic Politics, Economics, Keith's Page, Law | 2 Comments

News Brief, Ordinary World Edition

Cross-posted on The Conjecturer. The Pentagon The Post today slams Bush for his “rush to failure” in deploying missile defense to Europe—rightfully so, as the system is far from useable, and needlessly expensive and provocative. Here’s the best part, though: … Continue reading

Posted in Domestic Politics, Environment, Foreign affairs, Law, Military Matters, Notes on the war, social science, Technology | 9 Comments

Ted Kennedy’s Latest attack on Free Speech

There is a lot of wailing in certain circles about threats to free speech from the Bush Administration, when what they really mean is they don’t like people telling them what they say is “unpatriotic” or some other pejorative. That … Continue reading

Posted in Domestic Politics, Lance's Page, Law, Libertarianism | 14 Comments

The Return of “Fairness” to the Media

Often I am told how certain people value tolerance. The most irritating are a certain species of left/liberal/progressive. If it doesn’t apply to you, please don’t be offended. This species claims it is tolerant based on certain beliefs they have. … Continue reading

Posted in Domestic Politics, History, Lance's Page, Law, Libertarianism, Media | 1 Comment

More on the Demint reforms and the battle against pork and corruption-New Video Intro

[youtube _HELsEliwFo nolink] Heh, I like it. Caught with lobbyists at a Who concert. “Won’t Get Fooled Again” indeed. Here is a good summary of the holdup on reforming the appropriations process. Key points: Senate Majority Leader Harry Reid wanted … Continue reading

Posted in Domestic Politics, Lance's Page, Law, Libertarianism | Leave a comment

Free Speech and the Supreme Court: A Report from Mitch McConnell

When the battle against McCain-Feingold was being fought, no politician was more responsible for holding it back than Senator Mitch McConnell, now the Majority Leader in the Senate. He hasn’t stopped taking on the forces aligned against freedom in political … Continue reading

Posted in Domestic Politics, Lance's Page, Law | 3 Comments

Obama the Virtuous

John Hood takes a look at the above it all Barack Obama: Because journalists and self-appointed reformers prefer to pretend that big-time lobbyists are the reason that “nothing gets done in Washington,” rather than understanding and grappling with the existence … Continue reading

Posted in Domestic Politics, Lance's Page, Law, Libertarianism, Media | 1 Comment

Felony Likely Committed Before Massacre – UPDATED

In the aftermath of the VA Tech massacre, there is likely to be a vigorous debate over gun-control in the next several months. One policy issue that should be discussed is the lack of psychological history in the NICS background … Continue reading

Posted in Domestic Politics, Keith's Page, Law | 2 Comments

Predators Among Us

It’s enough to drive you mad. The tragedy happening in VA Tech, and other equally horrific incidents across the nation. Yesterday I mentioned the brutal torture and rape of a college student in New York. Today I see on HotAir, … Continue reading

Posted in Domestic Politics, Keith's Page, Law | Leave a comment

Kelo’s Aftermath

Ilya Somin has a series of posts up on the state of efforts around the nation to clean up the mess the Supreme Court handed us with its tragic decision in Kelo vs. City of New London. Despite some progress … Continue reading

Posted in Domestic Politics, Economics, Law, Libertarianism | 1 Comment

Weirdest story of the day

This story absolutely left me speechless (a difficult thing to accomplish). I really thought that I had seen just about everything. Even Hollywood couldn’t come up with a story like this. Update: The accused has been found guilty. Google the … Continue reading

Posted in Domestic Politics, Law, The Poet Omar's Page | 3 Comments

Universal Healthcare — A Preview

The idea of universal health care (“UHC”) is terribly appealing for for a variety of reasons, not least of which is that we all like thinking that we’re getting things for free. For example: when your new refrigerator breaks down … Continue reading

Posted in Domestic Politics, Economics, Law, Libertarianism, MichaelW's Page | 19 Comments

No Joke This Time, Murtha Wants the Draft

Despite all kinds of bogus claims the administration wanted to bring back the draft, all the agitation for it has come from Democrats. Of course, in the case of some it was just to scare people. Murtha however, does want … Continue reading

Posted in Domestic Politics, Foreign affairs, Lance's Page, Law, Libertarianism, Military Matters | 4 Comments

Attorney-Gate II

As the pundits pile on, and facts become evermore distorted, I am finally finding Attorney-Gate more interesting. Below is a round-up of some of the more cogent analyses, both of political and legal issues. But first, here’s my take. This … Continue reading

Posted in Domestic Politics, Law, MichaelW's Page | 3 Comments

You Have the Right…

to be offended, and to offend… At least, that’s what the 1st Amendment ought to mean. But some recent cases show that students don’t have that right, and increasingly many in the public square feel their rights to free speech … Continue reading

Posted in Domestic Politics, Keith's Page, Law, Libertarianism | 1 Comment

Attorney-Gate

Despite the title of this post, I’m not so sure there is any meat to the alleged scandal concerning the firing of seven U.S. Attorney Generals and the non-rehiring of another, Carol Lam. In fact, as I argue below, there … Continue reading

Posted in Domestic Politics, Law, Media, MichaelW's Page | 2 Comments

Banana Shake-Down

Listening to NPR this morning I learned that Chiquita Brands International, a name that is synonymous with bananas, was fined $25 Million for paying protection money to right-wing paramilitary groups in Colombia: In court documents filed Wednesday, federal prosecutors said … Continue reading

Posted in Developmental economics, Economics, Foreign affairs, Law, MichaelW's Page | 8 Comments

NEPA Deep In Nonsense

Further to my previous post about polar bears being used to backdoor Kyoto regulations, please see this Jonathan Alder post that reveals just how effectively NEPA is employed in derailing seemingly harmless activities with very little effort: Yesterday the U.S. … Continue reading

Posted in Domestic Politics, Environment, Law, MichaelW's Page | Leave a comment

Trying to smoke out “Big MO”

I may surprise some of you, but I am generally not fan of regulation. … What? No gasps of incredulity? So why? Too many reasons to count, but I’ll suggest this is a good example of one of them. Thus … Continue reading

Posted in Domestic Politics, Economics, Investing, Lance's Page, Law, Libertarianism, Media | Leave a comment

Dred Scott RIP-Updated

I suggest taking a trip to Gateway Pundit for a fine tribute to Dred Scott, who passed away 150 years ago. In memory of a simple man who wanted to be free. His stone reads… “Subject of the decision of … Continue reading

Posted in History, Lance's Page, Law, Race | Leave a comment

Backdoor Kyoto – The Polar Bear Express

If the U.S won’t go to the mountain, environmentalists fully intend to bring the mountain to the U.S., with the full aid and assistance of President Bush. In this case, the mountain will be shunted by polar bears.

Posted in Domestic Politics, Economics, Environment, Law, MichaelW's Page | 4 Comments

Employee Free Choice Act

As McQ discusses at length this is an Orwellian moniker for an Orwellian bill: It would allow unions to organize workplaces without workers voting for unionization in elections with secret ballots. Instead, unions could use the “card check” system: Once … Continue reading

Posted in Domestic Politics, Economics, Lance's Page, Law | 5 Comments