Friday, September 30, 2011

Our evil twin, on killing Americans for "incitement"

Kenneth Anderson (no relation), commenting on the killing of al-Qaeda cleric al-Awlaki:
To be perfectly clear: I myself believe there will eventually be cases of incitement to killing and participation over the internet by radical jihadist preachers that will raise the question of targeting on the basis of incitement alone, and my own view is that there are circumstances where that will be justified, including some who will be US citizens — and this is not, repeat not, that case.
So apparently we could've just had Ezra Pound assassinated?

K.A. has learned not to enable comments on his posts, as then someone might inquire into the legal authority for "incitement" as a capital offense, or the place of "incitement" in the laws of war.

If there is anything the U.S. government does that K.A. has not displayed a willingness to rationalize, I am not familiar with it.

News alert: The Framers were politicians, too

Charles Pierce waxes irate about the cult of the Tenth Amendment, which as he notes, was drafted so as not to mean anything by politicians who didn't want it to mean anything.

(His quotation from Meier's Ratification reminds me that I need to read that. So many books, so little time.)

... From Pierce's comment thread:
How is that "Tenthers" can be so knowledgable about the nuances of constitutional history and original intent, but look at time-lapse photos of the South Pole and can't see melting?

5th Circuit to ponder issuing appalling en banc decision

Via Bashman, this news:
A federal appeals court in New Orleans will hear oral arguments in a lawsuit that claims a 9-year-old girl was checked out of a south Mississippi school six times by an unauthorized man who then raped her.

The lawsuit filed in 2008 by the girl's father and paternal grandmother said a Covington County elementary school failed to verify Tommy Keyes' identity when he took the girl from campus in 2007 and 2008. The school district denies the accusation.

A federal judge in Mississippi dismissed the lawsuit. Then, in August, a three-judge panel of the 5th U.S. Court of Appeals reinstated it.

In an order filed Monday and released Wednesday, the full 5th Circuit Court agreed to hear the school district's appeal of the reinstatement. The court said oral arguments will be scheduled later.

The lawsuit said the 6-foot-2-inch Keyes allegedly signed the check-out sheet on one occasion as the girl's mother but usually signed her father's name.

The lawsuit said Keyes "brutally and viciously raped, sodomized and molested" the girl each time he checked her out of school. Keyes brought the girl back to school and checked her in after the alleged attacks, the lawsuit said. * * *


At the beginning of school, guardians fill out a form in which they list people who have permission to check out a child. The lawsuit said that Keyes was not on the list of people approved to check out the girl and that school officials didn't ask for identification to compare with the list.

Attorneys for the girl's family have said the case would set a frightening legal precedent for parents if a court ultimately decides that an elementary school has no constitutional duty to prevent a student from leaving with an unauthorized person.
Here is the panel decision that may be overturned. Evidently, the weight of judicial opinion runs against the holding that assuming custodial care of a small child creates a "special relationship" that would make the school liable for due-process violation if it fails to keep the child reasonably safe.

To which TBA responds that there is something wrong with the weight of judicial opinion. You cannot legally require a child to attend school, act in loco parentis for the child, and then assume no duty whatsoever for the child's safety -- indeed, hand her over to her rapist. If the law holds that, then the law is an ass.

P.S. -- Keyes is said in the article to be serving a 10-year sentence. WTF?

Thursday, September 29, 2011

U.S. Capitol Police discover "satire"

Apparently, I've been making the mistake of failing to check the Onion's Twitter feed. TPM reports:
As of the latest update on Twitter: "BREAKING: Congress demanding $12 trillion ransom or 'all the kids die' #CongressHostage"

Shortly after the story began being posted, the Capitol Police released this statement to the press, from spokesperson Sgt. Kimberly Schneider:

It has come to our attention that recent twitter feeds are reporting false information concerning current conditions at the U.S. Capitol. Conditions at the U.S. Capitol are currently normal. There is no credibility to these stories or the twitter feeds. The U.S. Capitol Police are currently investigating the reporting.

When contacted by TPM, Sgt. Schneider declined to comment on what the Capitol Police might be doing to investigate the matter, saying that the police do not discuss the preliminary stages of a law enforcement investigation.
Obviously (to everyone but the Capitol Police), it's a satire on "holding America hostage" in the debt-ceiling fiasco.
Late morning on Thursday, The Onion tweeted: "BREAKING: Witnesses reporting screams and gunfire heard inside Capitol building."

This was then followed by an "update," and a new hashtag for the story: "BREAKING: Capitol building being evacuated. 12 children held hostage by group of armed congressmen. #CongressHostage"

The paper then posted an article laying out the "breaking news" of the hostage situation -- having it begin when Senate Majority Leader Harry Reid (D-NV) "suddenly burst into the National Statuary Hall with a pair of black panty hose over his head and began firing a Beretta 9 mm handgun into the air, shouting, 'Everybody down! Everybody get the fuck down !'"

The article includes a plainly Photoshopped image of Speaker John Boehner (R-OH) at a door to the Russell Senate Office Building, holding a gun to a little girl's head, and flanked by an unidentified man wearing a ski-mask and holding a rifle. The caption reads: "If the money is not delivered by this evening, members of Congress say they will shoot a new child every hour on the hour."

The article also includes a fictional cell-phone video, seemingly taken by a child hostage, seated on the ground depicting Sen. Pat Toomey (R-PA) and Rep. Dan Lipisnki (D-IL) threatening the group of schoolchildren. "Lipinski" says, "Hey, Boehner, this kid's got a phone," and the video suddenly stops after a loud noise -- presumably meant to represent some violent act, possibly a gunshot, being committed against the child.

This story kicked off various negative reactions across Twitter. In a very notable example, House Majority Leader Eric Cantor's (R-VA) real-life spokesman Brad Dayspring tweeted: "The Onion: FAIL. #notfunny"

A minute or two later, The Onion tweeted a message about Cantor: "Arlington gun shop confirms Rep. @EricCantor bought 6 semi-automatic handguns, 3 rifles & 600 clips of ammo last month #CongressHostage"
Not a coincidence, one hopes.

From the annals of incidental sexism

ThinkBabyNames.com is a popular site for, uh, baby names, telling you about a name's popularity and original meaning. Here for instance is "Quinn" under "Boy Names":
Quinn meaning and name origin
Quinn \qu(i)-nn\ as a boy's name (also used as girl's name Quinn), is pronounced kwin. It is of Irish and Gaelic origin, and the meaning of Quinn is "counsel". May also possibly mean "descendant of Con", which has connotations for "intelligence". A Scottish and Irish surname used as a given name from very ancient times. Quin (keen) is a Spanish short form of Joaquin. Actor Aidan Quinn.
And here's the entry under "Girl Names" for "Quinn":
Quinn \qu(i)-nn\ as a girl's name (also used as boy's name Quinn), is pronounced kwin. It is of Irish and Gaelic origin, and the meaning of Quinn is "counsel". A Scottish and Irish surname occasionally used for girls. Actress Quinn Cummings.
Same meaning, right?
May also possibly mean "descendant of Con", which has connotations for "intelligence".
Oh right, that. Well, we wouldn't want to turn anyone off the name for their beautiful little girl, would we?

Wednesday, September 28, 2011

Reality-based diplomacy (for once, we'd eschew irony)

LGM points us to Charles Pierce's politics blog at Esquire. Worth a look, though the lead post right now is actually by Thomas Barnett:
It is time for both Afghanistan and Pakistan to stop being our problem and ours alone to solve. The Bush-Cheney unilateralism segued right into the Obama-Biden version: We simply refuse to deal with the regional powers, all of which want a far bigger say in how this whole thing settles out. Instead of working with India, China, Russia, Turkey, and Iran — and accepting that their more vigorous management of the situation would mean "victories" for them and not us — we've chosen consistently to side with Pakistan, which not only wants but is committed to keeping the region unstable.

And now comes word that they've been ambushing our soldiers? Please.

In strategic terms, I can't think of anything in U.S. foreign-policy history that reeks of the same level of sheer stupidity — nor stubbornness. On this level and this level alone, the Af-Pak fiasco outdistances the tragedy that was Vietnam. And for this reason alone, the Obama administration has shown itself no better at managing the long-war against violent extremism than the Bush administration was in its final years.
I wish there were more people saying this. We have some interests in the area, at least along the lines of (1) no nuclear war and (2) no harboring of terrorists, but quite obviously the next-door neighbors of all this have much more interest than we do, and any halfway successful policy will have to be built on that fact. Where's Henry Kissinger when you need him?

... My Kissinger quip btw shouldn't be taken as a mistaken agreement that Kissinger was in practice a realist. Walter Isaacson writes of K. during the 1971 India-Pakistan crisis:
The conflict thus illustrated two of the basic themes of his [K's] diplomacy: the primacy of realism over moral concerns, and the tendency to see disputes through the prism of the Soviet-American competition.
But, leaving aside "moral concerns" (which one might have thought were the *aim* of policy?), there is nothing "realistic" about projecting fantasies onto facts and treating a local conflict as a puppet show between the superpowers. If "realism" is to mean anything other than a contempt for human suffering, it has to mean a conscious effort to shed one's prejudices. What Stendhal said about bankers and philosophers applies to diplomacy as well:
To be a good philosopher, one must be dry, clear, without illusion. A banker who has made a fortune has one character trait that is needed for making discoveries in philosophy, that is to say, for seeing clearly into what is.

Tuesday, September 27, 2011

American unexceptionalism

Andrew Sullivan on America:
I will never think of America the same way after the Bush-Cheney administration. They ripped the scales off my eyes; they proved that America isn't, in the end, different; that its core moral principles, such as the prohibition of torture, are nostrums to be tossed aside at the whim of a few very scared and incompetent men; that the rule of law ends when it comes to presidential power, when he can simply order dipshit lawyers to say black is white; when no regret is ever truly expressed about the tens of thousands of Iraqis who died under US occupation; when the architects of these strategic and moral disasters are given legal immunity and peddle books on talkshows defending and bragging of their own awful legacy.
Word.

Via Ricks.

Monday, September 26, 2011

The importance of the "Oxford comma"

Visually depicted so that you will never forget it:


(Via.) Capitalization, it seems, is a separate issue altogether.

SATISFACTION GUARANTEED - So expensive to ship, you'll keep it and not return it

Jim McDonald provides this handy Product Description Glossary:
•NEW - Different color from previous design.
•ALL NEW - Parts are not interchangeable with previous design.
•EXCLUSIVE - Imported product.
•UNMATCHED - Almost as good as the competition.
•FOOLPROOF OPERATION - No provision for adjustments.
•ADVANCED DESIGN - The advertising agency doesn’t understand it.
•IT’S HERE AT LAST - Rush job. Nobody knew it was coming.
•FIELD TESTED - Manufacturer lacks test equipment.
•HIGH ACCURACY - All parts fit.
•FUTURISTIC - No conceivable reason for it to look the way it does.
•REDESIGNED - Previous flaws fixed—we hope.
•DIRECT SALES ONLY - Manufacturer had a big argument with distributor.
•YEARS OF DEVELOPMENT - We finally got one to work.
•BREAKTHROUGH - We finally figured out a use for it.
•MAINTENANCE FREE - Impossible to fix.
•MEETS ALL STANDARDS - Ours, not yours.
•SOLID-STATE - Heavy as hell.
•HIGH RELIABILITY - We made it work long enough to ship it.
•NON-REFUNDABLE - We couldn’t make it work long enough to ship it.

If only we'd decided that other war on the football field

Okay, this is pretty funny.
The rest of college football formally surrendered to the Southeastern Conference Sunday, ending a decades-long war that had become hopelessly one-sided.

The surrender took place just outside Appomattox, Va. SEC officials declined to explain why this site was chosen.
WSJ (via JJ). There's more at either link.

Friday, September 23, 2011

Brief-writing guidelines from people who read briefs.

We've probably mentioned it before, but the 7th Circuit's typography guidelines are a great resource for the legal writer.

For example, its guidelines on typefaces:
Use the most legible face available to you. Experiment with several, then choose the one you find easiest to read. Type with a larger “x-height” (that is, in which the letter x is taller in relation to a capital letter) tends to be more legible. For this reason faces in the Bookman and Century families are preferable to faces in the Garamond and Times families. You also should shun type designed for display. Bodoni and other faces with exaggerated stroke widths are effective in headlines but hard to read in long passages.
Our new favorite font, Georgia, is good on x-height.

I don't follow every rule or tip offered, but everything the court suggests is worth thinking about. If you've never looked at it before, you really should.

Winning the GOP race ... to Most Stupid Candidate

The increasingly desperate Michelle Bachmann:
I think you earned every dollar, you should get to keep every dollar that you earn. That's your money, that's not the government's money. That's the whole point.
Perhaps she favors a more Biblically-based revenue system, where the government operates on our tithes.

"The inexorable spread of ignorance even to the universities"

The Times HES runs a good article on W.G. Sebald, filling in some personal details I hadn't seen before. The author suggests that The Rings of Saturn is his best book, which is my feeling as well. I've never read anything quite like it.

Maybe if she'd said it in Law Latin? "Tace!"

The Hon. Edith Jones of the Fifth Circuit Court of Appeals is on a roll: first her slapdown of Judge Sam "Kindergarten Party" Sparks (which she cc'd to every other federal judge in W.D. Tex.), and now this at an en banc rehearing:
JUDGE DENNIS: Well, we’ve said over and over that the amount…. this court, no court has said that you can infer….

CHIEF JUDGE JONES: Judge Dennis….

JUDGE DENNIS: … just on the basis of the amount of drugs …

CHIEF JUDGE JONES: Judge Dennis!

JUDGE DENNIS: Can I, can I, can I ask a question?

CHIEF JUDGE JONES: You have monopolized, uh, uh, seven minutes….

JUDGE DENNIS: Well, I’m way behind on asking questions in this court. I have been quiet a lot of times, and I am involved in this case….

CHIEF JUDGE JONES slams her hand down on the table (loudly), stands halfway up out of her chair, and points toward the door.

CHIEF JUDGE JONES: Would you like to leave?

JUDGE DENNIS: Pardon? What did you say?

CHIEF JUDGE JONES: I want you to shut up long enough for me to suggest that perhaps….

JUDGE DENNIS: Don’t tell me to shut up….

CHIEF JUDGE JONES: … you should give some other judge a chance to ask a question …

JUDGE DENNIS: Listen, I have been in this courtroom many times and gotten closed out and not able to ask a question. I don’t think I’m being overbearing….

CHIEF JUDGE JONES: You’ve been asking questions for the entire seven minutes….

JUDGE DENNIS: Well, I happen to be through. I have no more questions.
(Via Bashman.) Puttin' the "chief" back in "chief judge," for sure. Imagine being the cringing counsel at the podium, waiting for Mom and Dad to quit fighting. Oy.

(She did apologize later, though the recording cuts off there.)

Wednesday, September 21, 2011