Wow. Bombshell? Without diving into the abortion debate here, I find this to be an interesting point topic for a discussion of federalism and the strategy behind Supreme Court decision-making. As contentious and difficult as the gay marriage debate has been over the last ten years, part of me has been pleased to see the process working out through state legislatures, referendums, on the blogosphere, and, to some degree, in the courts. Compared to Roe, however, the gay marriage controversy has been much more democratic, which I think will be better in the long run. I mean, did Roe really satisfy anyone? Almost 40 years later, the issue is still as contentious as ever. Hopefully 40 years from now gay marriage will not still be as contentious as abortion is today. Maybe the Court should play a limited role and let the states and the lower courts work it out naturally.
Monday, February 13, 2012
Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal
Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal
Cheesecake Factory Will Post Drink Prices in Mass. After Threatened Suit; Law Prof Cites UCC - News - ABA Journal
Cheesecake Factory Will Post Drink Prices in Mass. After Threatened Suit; Law Prof Cites UCC - News - ABA Journal
“Restaurants will tell you what they have, and you have to ask them what it costs, and of course nobody wants to do that because it’s socially unacceptable.”
I have personally experienced the $11 drink at Cheesecake Factory and the awkward moment when the bartender tells you the price. He knows it's bullshit. And that you won't say anything about it because the girl is standing there right next to you. After the first drink, you spend the rest of the night pretending to listen to her while you decide whether you should be encouraging her to have more drinks to improve your chances later on, or trying to go slow because you really can't afford it.
Saturday, February 11, 2012
Apple vs Ice Cream Sandwich
Apple seeks preliminary injunction against the Samsung Galaxy Nexus in the U.S.
The post-Jobs Apple Empire.
Friday, February 10, 2012
Wednesday, February 8, 2012
Domestic Defendant Freed on Orders to Undergo Counseling, Take His Wife to Red Lobster
via the ABA Journal:
Domestic Defendant Freed on Orders to Undergo Counseling, Take His Wife to Red Lobster: A Florida man charged in a domestic incident was freed without bond on orders that he undergo marriage counseling with his wife and treat her to a night out at Red Lobster and the bowling alley. 
All she needs is a little love and lobster. I can relate. The bowling alley requirement ensures that this is a sentence that could only be handed down in Florida. Stay classy, Ft. Lauderdale!
Tuesday, February 7, 2012
Goodbye old Browser, Chrome to become the standard browser on Android 4.0 and above
via AndroidandMe.com:
Goodbye old Browser, Chrome to become the standard browser on Android 4.0 and above:
"We saw it coming, but Chrome for Android is the biggest news for Google’s mobile platform this year. It signals that Android will be around for a long time, but we might also look back on today as the day that native operating systems began to die and web operating systems started to take over."
...
"Thinking along those same lines, we can also say that Chrome OS does not currently replace the Android OS, but it sure feels like that is where Google is going. Android is the glue that fills the gap until Chromium OS is ready for mobile devices. I believe Google has had this vision for quite some time, but the technology was not advanced enough to achieve that goal. Back in 2009, we thought that Google would abandon native Android apps in favor of web apps, but that obviously didn’t happen."
"We saw it coming, but Chrome for Android is the biggest news for Google’s mobile platform this year. It signals that Android will be around for a long time, but we might also look back on today as the day that native operating systems began to die and web operating systems started to take over."
...
"Thinking along those same lines, we can also say that Chrome OS does not currently replace the Android OS, but it sure feels like that is where Google is going. Android is the glue that fills the gap until Chromium OS is ready for mobile devices. I believe Google has had this vision for quite some time, but the technology was not advanced enough to achieve that goal. Back in 2009, we thought that Google would abandon native Android apps in favor of web apps, but that obviously didn’t happen."
This makes me very happy since I just got my chromebook--looks like ChromiumOS is going to stick. BUT, this also sucks because my phone isn't on ICS! What's a guy gotta do to get an Android 4.0 update for the HTC Thunderbolt?
Monday, February 6, 2012
On The Horrors of Getting Approval For An Ice Cream Parlor in San Francisco
via Instapundit:
THE NATURAL RESULT OF THE BLUE MODEL: Cory Doctorow: On The Horrors of Getting Approval For An Ice Cream Parlor In San Francisco. Yet the lesson from this continues to elude.
"Ms. Pries said she had to endure months of runaround and pay a lawyer to determine whether her location (a former grocery, vacant for years) was eligible to become a restaurant. There were permit fees of $20,000; a demand that she create a detailed map of all existing area businesses (the city didn’t have one); and an $11,000 charge just to turn on the water."
Look, a lawyer with a job!
THE NATURAL RESULT OF THE BLUE MODEL: Cory Doctorow: On The Horrors of Getting Approval For An Ice Cream Parlor In San Francisco. Yet the lesson from this continues to elude.
"Ms. Pries said she had to endure months of runaround and pay a lawyer to determine whether her location (a former grocery, vacant for years) was eligible to become a restaurant. There were permit fees of $20,000; a demand that she create a detailed map of all existing area businesses (the city didn’t have one); and an $11,000 charge just to turn on the water."
Look, a lawyer with a job!
Why the official 8.3 percent unemployment rate is a phony number—and what it means for Obama’s reelection
via The Enterprise Blog: Why the official 8.3 percent unemployment rate is a phony number—and what it means for Obama’s reelection "In January 2011, the unemployment rate was 9.1 percent with a participation rate of 64.2 percent. If that were the participation rate today, the unemployment rate would be 8.9 percent, instead of 8.3 percent. As an analysis from Hamilton Place Strategies concludes, 'Most of the shift of the past year is due not to the improvement in the labor market, but the continued drop in participation in the labor force.'" [Emphasis in original]
I commute every day to a temporary job where I work with 20 other people who, like me, would rather have a permanent position. On the weekends, I work at a part-time job that doesn't even require a high school diploma. I graduated magna cum laude from a top 20 law school and, according to everyone willing to speak to me about it, I have an excellent resume. What I don't have is anywhere to send it. From my experience, the "surge" in job production has yet to change the terrible lack of opportunities available out there for recent graduates. It's nice to know that someone out there is getting hired, but I won't feel better until I find something myself.
Friday, February 3, 2012
Motorola beats Apple in court; iPhones and iPads banned temporarily in Germany
via AndroidandMe.com:
Motorola beats Apple in court; iPhones and iPads banned temporarily in Germany:
"We have something special for your daily flurry of lawsuit news. We usually see Cupertino Giant messing with all the little boys in the playground. Today, Motorola has taken a big swing at Apple, winning a permanent injunction in Germany. This forced Apple to pull most of its devices from its online store (you could still find them at stores) for a while."
The Smart-Phone Wars Rage On!!
I have to say I think Apple had this coming. They have made some amazing, world-changing products. That doesn't mean they get to have a monopoly. It will be interesting to see how it all plays out, but, for now, I'm enjoying the transition from Apple to Google and the open source movement.
Motorola beats Apple in court; iPhones and iPads banned temporarily in Germany:
"We have something special for your daily flurry of lawsuit news. We usually see Cupertino Giant messing with all the little boys in the playground. Today, Motorola has taken a big swing at Apple, winning a permanent injunction in Germany. This forced Apple to pull most of its devices from its online store (you could still find them at stores) for a while."
The Smart-Phone Wars Rage On!!
I have to say I think Apple had this coming. They have made some amazing, world-changing products. That doesn't mean they get to have a monopoly. It will be interesting to see how it all plays out, but, for now, I'm enjoying the transition from Apple to Google and the open source movement.
Thursday, February 2, 2012
Police: TSA Agent at JFK Stole $5K From Passenger - ABC News
Police: TSA Agent at JFK Stole $5K From Passenger - ABC News:
Police say a Transportation Security Administration agent stole $5000 in cash from a passenger's jacket as he was going through security at John F. Kennedy International Airport, the latest in a string of thefts that has embarrassed the agency.
This is getting ridiculous.
Joe Scarborough Schools Donny Deutsch on Media Ignoring Obama's Negative Ads in 2008
From Noel Sheppard at NewsBusters:
Joe Scarborough Schools Donny Deutsch on Media Ignoring Obama's Negative Ads in 2008: (read the whole thing)
"Morning Joe viewers Wednesday were treated to a truly marvelous demonstration of the media's hypocritical double standard concerning negative campaign ads ..."
Scarborough: "We've been using negative ads all week when attacking Mitt Romney, and when I brought up the simple fact that every objective outside reporter has stated that Barack Obama ran more negative 30-second ads than anybody in the history of American politics, suddenly it's, 'Oh, let's not call them negative ads.' Was that a coincidence?"
Not likely.
On a side note, I have to point out that Scarborough is routinely lampooned by conservative bloggers for being a RINO shill on MSNBC. Whether that's true or not, I have to give him credit for going to work every day in hostile territory. On the other hand, it does provide him with myriad opportunities to call out BS like this.
Joe Scarborough Schools Donny Deutsch on Media Ignoring Obama's Negative Ads in 2008: (read the whole thing)
"Morning Joe viewers Wednesday were treated to a truly marvelous demonstration of the media's hypocritical double standard concerning negative campaign ads ..."
Scarborough: "We've been using negative ads all week when attacking Mitt Romney, and when I brought up the simple fact that every objective outside reporter has stated that Barack Obama ran more negative 30-second ads than anybody in the history of American politics, suddenly it's, 'Oh, let's not call them negative ads.' Was that a coincidence?"
Not likely.
On a side note, I have to point out that Scarborough is routinely lampooned by conservative bloggers for being a RINO shill on MSNBC. Whether that's true or not, I have to give him credit for going to work every day in hostile territory. On the other hand, it does provide him with myriad opportunities to call out BS like this.
JIM VANDEHEI: Why Obama Should Be Worried.
via Instapundit:
"JIM VANDEHEI: Why Obama Should Be Worried. His other problem is that the press will bend over backwards — or just plain bend over — in order to save his presidency, but if it looks like he’s going down they’ll turn on him and try to prove their objectivity by reporting all the bad stuff they’ve been soft-pedaling to date."
I thought this was interesting:
What? A false narrative? I thought that only Republicans were "stealing" elections with all their evil corporate money ... Turns out Obama has more money than anyone, at least for now.
"JIM VANDEHEI: Why Obama Should Be Worried. His other problem is that the press will bend over backwards — or just plain bend over — in order to save his presidency, but if it looks like he’s going down they’ll turn on him and try to prove their objectivity by reporting all the bad stuff they’ve been soft-pedaling to date."
I thought this was interesting:
"Let’s rewind six months for a moment. Back then, Obama advisers talked privately of their decisive fundraising advantage for the general election, how the combination of the reelection campaign, the DNC and a web of outside groups set up by Obama intimates would together raise north of $750 million and possibly $1 billion to bury the GOP.
This could still happen. But Obama fundraising has not been as strong as many Democrats had hoped or anticipated. More troubling for Democrats, there are signs that Republicans, especially if front-runner Mitt Romney wins, could match the most prolific fundraiser in the history of presidential politics, thanks to rich businessmen and their handy-dandy super PACs.
Look at the latest numbers: Romney, the RNC and the super PAC run by his allies have raised a total of $175.7 million during 2011; Obama, the DNC and the super PAC run by his allies have raised $209.3 million. As far as cash on hand, Obama enjoys an edge but not a decisive one: $96 million to $63.5 million."
COMPARISON: One Year Later, Another Look At Obamanomics vs. Reaganomics….
via Instapundit via Dan Mitchell:
COMPARISON: One Year Later, Another Look At Obamanomics vs. Reaganomics.
The "fiscal conservative" argument, with graphs!
Wednesday, February 1, 2012
Theodore Olson: Obama's Enemies List
From the WJS opinion page:
David and Charles Koch have been the targets of a campaign of vituperation and assault, choreographed from the very top.
"Whoever may be the victim of such abuse of governmental authority, the press and public almost invariably unify with indignation against it. If a journalist, labor-union leader or community organizer on the left can be targeted today, an academic or business person on the right can be the target tomorrow. If we fail to stand up against oppression from one direction, we abdicate the moral authority to challenge it when it comes from another."
The comments posted to this article, I'm sure, will be heated. I think standing up for the freedom to express even the most unpopular ideas is very American indeed. Interesting that so many people shamelessly fail to do so in the case of the Koch brothers.
"Whoever may be the victim of such abuse of governmental authority, the press and public almost invariably unify with indignation against it. If a journalist, labor-union leader or community organizer on the left can be targeted today, an academic or business person on the right can be the target tomorrow. If we fail to stand up against oppression from one direction, we abdicate the moral authority to challenge it when it comes from another."
The comments posted to this article, I'm sure, will be heated. I think standing up for the freedom to express even the most unpopular ideas is very American indeed. Interesting that so many people shamelessly fail to do so in the case of the Koch brothers.
The White House refuses to respond to the petition to investigate Chris Dodd, even though it got 25,000+ signatures...
From Ann Althouse:
... and they promised to respond, if there were that many signatures.
To be fair, saying we're not going to respond is a kind of response. In fact, it's an especially meaningful response in the context where one is obligated to respond.
Or perhaps they were never obligated. Look at the text of the refusal to respond
I spent some time looking for the terms of participation, and I couldn't find any. What is the rule? Was it really a rule? I see a button "Helpful Hints," but the only hint is to check your spelling and grammar because you won't be allowed to edit or delete
And what were the "similar petitions" that were rejected in the past? I'd like to see how much like those other petitions this one was and also whether all similar petitions were rejected. What if the "similar" ones were the ones that named individuals the administration chooses to protect?
To be fair, saying we're not going to respond is a kind of response. In fact, it's an especially meaningful response in the context where one is obligated to respond.
Or perhaps they were never obligated. Look at the text of the refusal to respond
Why We Can't CommentThe link is in the original text. Maybe you're not supposed to click on it. Maybe you're just supposed to assume that it goes to a page of official terms of participation that would show that there was always an exception for petitions that request a specific law enforcement action. But if you click, you'll see it just goes to the currently active petitions, and if you search that page for the word "terms" or "participation," you get nothing.
Thank you for signing this petition. We appreciate your participation in the We the People platform on Whitehouse.gov. However, consistent with the We the People Terms of Participation and our responses to similar petitions in the past, the White House declines to comment on this petition because it requests a specific law enforcement action.
I spent some time looking for the terms of participation, and I couldn't find any. What is the rule? Was it really a rule? I see a button "Helpful Hints," but the only hint is to check your spelling and grammar because you won't be allowed to edit or delete
And what were the "similar petitions" that were rejected in the past? I'd like to see how much like those other petitions this one was and also whether all similar petitions were rejected. What if the "similar" ones were the ones that named individuals the administration chooses to protect?
I "signed" this petition myself and got the email from the White House last night. Three observations: (1) I was (pleasantly) surprised at the time that this petition was allowed on the WH website, (2) by the time I got the "response," I had forgotten about signing it ... nature of the nonstop news cycle, and (3) after getting the "response," I feel like I was being naive in the first place thinking that the WH might actually do anything other than blow off this petition.
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