||Law and Natural Law
| Poor Arguments in the Case Against Saddam By Donald 7/3 2:06pm EDT
As I have requested, people smarter than me (I? myself? I always forget) have weighed in on the potential barriers to an Iraqi prosecution of Saddam Hussein. Tim Sandefur cites natural law as a source of authority for the ongoing criminal case. Appeals to "natural law" to justify sanctioning conduct always strike me as tantamount to saying "We can't point to anything in our positive law that outlaws your conduct, but darn it, everyone knows that what you did was wrong, and you should have, too!" Mr. Sandefur also analogizes to the seventeenth century trial of Charles I.
Don't Knock it Until You Try It By Professor Sandefur 7/3 2:09pm EDT
(Over) At Crescat, which isn’t very sympathetic to the principles of natural justice, Donald asks how there can be jurisdiction to try Saddam Hussein, since "at the time of the invasion of Kuwait, Saddam was in lawful control of the military...[and] no law existed at that time barring the use of the armed forces in any action that Saddam would have deemed necessary…. But does anyone seriously believe that in the late 1980s or early 1990s a law existed prohibiting violation of the “laws of nations?” I
Kerry Smashing Fundraising Records--Here's Why By Murchison 7/3 2:00pm EDT
My first paid day was going rather slowly. I found out that I was not officially hired yet, and that I was going to have to meet quota after three days. And yet this, my first paid day, was going . . . rather slowly. We could see our co-workers two blocks away. Half the people we talked to had already talked to them, and vice-versa.
Powell: Saddam Assumed Innocent? By Chris Bowers 7/3 1:51pm EDT
Of course, assuming someone is innocent instantly debunks every single rationale for pre-emptive invasion. Pre-emption not only assumes that people are already guilty, but in Minority Report fashion assumes that these same people will be guilty of acts they have yet to commit.
Analysis of Presidential Advertising By Dave Pell 7/3 1:49pm EDT
John Kerry, having seen some upside to his bio-ads, has been pushing positive messages and biographic pieces. Most recently these ads have focused on Kerry's strength (he hunts, he fathers, he fights) in an effort to pick up some of the slack left by the President's recent testosterone leak when it comes to his war on terror approval ratings.
Italian Holiday Helps Fund the Conservative Movement By David Horowitz 6/11 6:14pm EDT
I've gone to Florence and Tuscany along with Victor Davis Hanson and forty plus supporters of frontpagemag.com and its publisher, the Center for the Study of Popular Culture. We will be savoring the region's art and culinary treasures and generally fine living habits of the Italians. This week's tour is one of the many ways we support our efforts on the web and on college campuses across the country.
Does Bush have Alzheimers? By Ryan Lizza 6/10 9:42pm EDT
I think if a memocame across my desk that essentially said I could authorize Americans to commit war crimes when interrogating prisoners, I would probably remember it. Not Bush.
Reagan Overshadowing Other News in the Blogosphere By Brian Montopoli 6/10 9:33pm EDT
Oddly, few bloggers are paying attention to John Ashcroft's refusal to release a document allegedly "making the point that some forms of torture, if approved by the president, would not be illegal," according to Andrew Sullivan. (He also writes that leaked memos suggest the Bush administration signed off on torture as an acceptable interrogation technique "with the personal approval of the president.") Sullivan, who called Ashcroft's response "lame," is one notable exception to a loud silence on the subject, but we'll defer to Jon Stewart, who, as Atrios tells us, suggested last night that Ashcroft was not invoking executive privilege so much as he was invoking the "Writ of Douchebaggery."
Reagans Death Sparks Mixed Emotions For Former Staffer By Mike Potemra 6/10 9:29pm EDT
It was my honor to work on President Reagan’s White House staff in his second term. (He was, at heart, a shy and private man, who warmed up to you once he saw you laugh at one of his jokes; his basic attitude must have been, if you have a sense of humor you must be OK.) When his term ended, I saw a public consensus forming that he was an amiable but not quite substantive person, destined to be loved by conservatives but viewed with skepticism—albeit an affectionate skepticism—by everyone else. My own number one issue back then was anti-Communism, and I saw the remarkable changes going on the USSR, and I thought, “Nobody is going to give President Reagan credit for this any time soon. But 25 years from now, some revisionist historians will break the ice and say, yes, he does deserve the credit.
A Vindication of the Rights of Corporations By Eugene Volokh 6/10 9:24pm EDT
If you accept the legal fiction of the corporation being a separate person, then taking its property violates its rights. But if you reject that fiction, as a means of arguing that the corporation should lack rights, then taking its property violates its owners' rights. Either way, the Takings Clause should apply; and that's what suggests that the legal fiction (a corporation is a person) is a sensible one here -- using it makes analysis easier, but doesn't ultimately change the results much.
An Interview with Senate Candidate Tony Knowles By Jonathan Kreiss-Tomkins 6/3 9:26pm EDT
JKT: The Green candidate in this race, Jim Sykes, is registering on polls at around three percent. What would you say to his supporters to get them to vote for you? TK: Well I think one of the ways I respond to these issues and if it will bring upon the kind of change for Alaska and toward on the national and international issues that they care about. If they think we needs things and want to change the direction of this state. If they feel very positive about building a natural gas pipeline. If they want to change our education, our approach on national security, if they care about personal freedoms, and want to change the record on the environment. I have a very strong record on the environment in a very positive way.
Jew For Bush Just Doesn't Get Jews For Anyone Else By Stefan Sharkansky 6/3 2:17pm EDT
I have a hard time understanding why so many of my fellow Jewish Americans still cling to the Democrats. We Jews are a people of industry and upward mobility and social justice. The Republicans are a party of equal opportunity, enterprise, self-reliance and security. The Democrats have decomposed into the party of losers and parasites; the party of the infinite unearned entitlement; the party of surrender and appeasement. I only wish more Jews would come to their senses and realize that the Democratic Party is no longer the party that best represents our interests and values.
Kerry's Twenty VP Candidates, Pro and Con By John Moe 6/1 10:38am EDT
1. John Edwards. Pro: Charismatic public speaker. Con: Not likely to deliver home state, may outshine Kerry. 2. John McCain. Pro: Independent thinker, veteran, may draw Republican votes. Con: Is a Republican, disagrees with Kerry on most things. 3. Bob Kerrey. Pro: As 9/11 Commission member, earned reputation as tough but fair. Con: May be considered nepotism for John Kerry to nominate his own brother.
Heavy Metal, Once Responsible for Suicide, Now to Blame for Terrorism By Greg 5/27 5:30pm EDT
Just when you thought you were metal, along came Adam Yahiye Gadahn. This dude makes those two stoners who entered a suicide pact over that Judas Priest song look like a bunch of sissies. Why? Because John Ashcroft and Robert Mueller listed him as one of the suspects in the government's latest warning about a new attack. This morning's amNewYork described Gadahn as "a 25-year old former metalhead from California who converted to Islam." USA Today calls him a "a heavy metal music fan."
Campaign Ads Losing Their Effectiveness By The Chef 5/27 4:47pm EDT
As the campaigns target 18 or so "purple" swing states, saturating them with TV ads, they'll eventually reach the the point of diminishing returns; old-fashioned whistle-stop campaigning may gaining in importance. According to a Pew foundation poll, local TV news is a more common source of political information than cable, newpapers, or network news (although the differences aren't huge). One big believer in this kind of "under the radar" campaign, according to the study, is Karl Rove.
| Alaska Republican Party a Mess By sitkadem 5/26 10:14pm EDT
So, as you guys already know, Lisa Murkowski drew a conservative challenger in former state Senate President, Mike Miller. Miller has been puffing along, raising a decent amount of cash, starting a website, getting the Alaska Right to Life Committee's support, and now it appears getting the endorsement of Lt. Governor, Loren Leman:
At Least U.S. Soldiers Aren't Raping Little Girls Like They Do at the UN By Michael Moynihan 5/25 5:06pm EDT
With the exception of readers on the outer reaches of the Gramsci/Bukahrin/Molly Ivens left, you are doubtless in a state of advanced Abu Ghraib fatigue. Relax. I am not talking about the nude pyramid scandal this time. I am talking about United Nations soldiers raping 13 year-olds in Congo. According to the Independent, UN soldiers are "buying sex" from unwilling young girls. The going rate? Some "bananas or a cake" to feed the local children. Pre-pubescent teenagers having sex for ransomed fruit is not prostitution, it is a sex crime.
When Will West Learn? Destruction and Death is Merely Destructive and Deadly By Idrus 5/25 3:57pm EDT
The oil price is up again and the war in the Middle East especially Iraq and the Palestine are not getting better, instead it is getting worst.... The same it look like in Afghanistan... Wherever the foreign power try to interfered in the internal politic of a country, it usually get our of control..... Those big powers in the west should understand that it take times for thing to change and political development in any country would only comes at it our pace.... Imposing one's value would not help, in fact it would worsen situation..... The west especially the colonialist has done great damage to the world already in the past when they colonized countries in Africa, Asia and the Latin Americas.... They should have learned that colonization would not solved problems but instead would makes it worse....
Idealist Finds it Hard to Stop Capitalism While Working For Private Multi-National Corporation By Candido 5/17 2:53pm EDT
I posted a comment related to a question I currently have myself, that is: can you fight capitalism from the inside? It was maybe a bit of a naive question. We all live inside. We have jobs (some of us), make money, spend... We maintain the system. However, it leads to the assumption that you can push for a change only "after hours", in your free time, or in the choices you make to spend your money. There is no other alternative than giving your energy to the capitalist machine. I beg to differ here.
Former Deaniacs Training Grassroots Activists By Michael Meurer 5/16 8:14pm EDT
During the Q&A; session, Gov. Dean drove home the point that in spite of Ralph Nader's stellar record of positive accomplishment, a vote for Nader in this election is a vote for George W. Bush, which will undermine everything that Ralph Nader himself has worked for his entire life.
Mass. Gay Marriage Ruling Good for Conservatives and Liberas Alike By tgirsch 5/16 8:10pm EDT
It's obviously a win for liberals, because it means that homosexuals are getting closer to a level playing field with heterosexuals, and that the SCOTUS hasn't completely abandoned civil rights. It's a win for conservatives (in a way in which Bush v. Gore 2000 was a loss for them) because in this ruling, the SCOTUS has reaffirmed that it has no business overriding a state's supreme court on a ruling of this sort, thus protecting an aspect of the "states' rights" battle cry of conservatives.
State ID is Meaningless By Amitai Etzioni 5/16 8:03pm EDT
Driver's licenses -- like other state-issued ID cards -- are relics of the past. They were never meant to be used for national security purposes, or even national identification purposes. Hence, a relatively low level of reliability sufficed for the original purpose of confirming that a person had passed a driving test, met the physical requirements and was old enough to operate a vehicle.
Voting Democrat is Anti-Catholic By ohwillek2004 5/15 11:55pm EDT
Colorado Springs Bishop Michael Sheridan has told the 125,000 Catholics in his jurisdiction in a pastoral letter that they cannot receive Communion if they vote for politicians who are pro-choice, pro-gay marriage, pro-euthenasia or pro-stem cell research. Only after repenting for their sins in the confessional could they rejoin the Catholic communion. This, of course, makes it a sin to vote for almost all Democratic candidates from Kerry and Salazar on down the ticket, and a significant number of moderate Republican candidates in Colorado.
The Hawks are Now Eating Crow By Chris Bowers 5/15 11:46pm EDT
Let me suggest that it was not just the Abu Gharib pictures and the Nick Berg video, but also the picture from late March of the lynched mercenaries that has contributed to the national "funk" about the war. However, no matter what the actual sequence of the images, this email was enlightening to me as both Sullivan and his unnamed reader openly admitted that their support for the war "was underpinned by an unformed, yet felt assumption that it would go well." Sweet Jeebus! It scares the living crap out of me that supposedly well-informed people would use such vague rationale to support a war.
Public Voyeurism Misunderstood By Dave Pell 5/15 11:42pm EDT
Come on. We know why there was a surge in traffic when the Berg story broke. We understand full well the sick curiosity that brought people by the millions to search and news sites in the hours after the brutal offense was first reported. Anyone who removes the partisan blinders can plainly see that the search for a glimpse of the Nick Berg video is anything but an affirmation that this story deserves more coverage than it's getting or that it is somehow more important than the Abu Graib story.
Rockin' the Mope: Rock & Roll Almost as Dead as Voting By Lucky Unhappy 5/14 4:06pm EDT
when i was 17, i wanted to rock the vote. i wanted my friends to rock it, too. fact was, i couldn't vote. but i was pretty sure i could rock. these days, rocking the vote has gone the same way as rocking and voting--to the grave. we can trace their demise roughly to 1996, the year of passing for a new Telecom Act, and, incidentally, the same as my 17th year. now if you're a fan of either Radiohead (or Beck) or former president Clinton (or all three), you are probably begging to differ. 2001, you say. okay, then. whatever the date, rock has long been dead, and the vote, too.
Homeless Bloggers Vengeful When One of Their Own Finds a Home By Gurustu 5/13 8:55pm EDT
It's a fairly known fact that crabs in a barrel will continue to drag down each other, so that none escape. Recently, the group of homeless bloggers that I regularly read began to get a little crabby. This recent round started last week when news organizations around the world started to carry the story of Steve Stanzak, a Sophomore at NYU who lived in the library because he couldn't afford housing. He went by the name Homeless at NYU and had a website thanks to a friend of his. Needless to say, this irked the homeless bloggers.