Quotulatiousness

July 2, 2015

“These women should be able to milk their boobs for whatever purpose they want”

Filed under: Liberty,Politics,USA — Tags: , , — Nicholas @ 02:00

Shikha Dalmia on the schizophrenic demands of the “Free the Nipple” movement:

The Free the Nipple movement (which has already become the subject of a 90-minute, yawn-inducing documentary) tries to cure such attitudes, but in such a ham-handed and shock-jocky way that few real women outside of college campuses can relate to it, other than publicity-hungry celebrities. Thanks to the movement, 100 students—men and women—at UC San Diego took off their shirts last month to fight for the equal right of both sexes to go topless. Likewise, Scout Willis, the daughter of Demi Moore and Bruce Willis, earned her two minutes of fame some years ago when she went strolling topless in Manhattan to protest Instagram’s nudity policies barring pictures of topless women. Not to be outdone, Miley Cyrus, who has never encountered a publicity stunt involving her body parts that is too over-the-top, tweeted a picture of her bare breasts with red stars on the nipples to express her solidarity.

These women should be able to milk their boobs for whatever purpose they want, free from state censorship and violence, to be sure. But does that mean that freeing the nipple is the “civil rights issue” of our time — as some feminists claim — that requires busting all social taboos against female toplessness?

Not really.

For starters, it’s not like this kind of thing hasn’t been tried before. The “burn the bra” movement was all the rage among feminists in the 1960s. But it didn’t go beyond a few symbolic bonfires because going braless is simply too physically uncomfortable for most women with modern lifestyles.

Free the Nipple activists accuse society of a double standard for allowing men to show their breasts but not women. “Why are we more offended and outraged by female nipples than male nipples?” one demands to know.

But the fact is that their movement itself is based on a double standard. Indeed, if they were interested in genuine sexual equality, they wouldn’t just fight for the right to go topless, but all laws against indecent exposure. So why don’t they? Maybe because they realize that allowing strange men to swing their schlongs in streets would be neither comfortable nor safe for women.

July 1, 2015

The awe and majesty of the Grand Jury

Filed under: Law,Liberty,Politics,USA — Tags: , , — Nicholas @ 03:00

I was not aware that the title “Grand Jury” doesn’t necessarily mean that there’s a jury empanelled to decide “grand” issues of law under US practice:

Over at the Daily Beast, Nick Gillespie attempts to bring religiosity to the fuzzy-wuzzies by describing what it was like to be hit with a ridiculous grand jury subpoena and unprincipled gag order. In response, several Daily Beast commenters trot out an argument I see now and then: “well, citizens on the grand jury thought that there were grounds to issue a subpoena.”

No.

In fact, hell no, or if you prefer, bless your heart, no.

Let’s talk about how federal grand jury subpoenas actually work. These days the U.S. Attorney’s Office prints them from fillable pdfs. Given that we were still typing them when I left the USAO in 2000, they probably achieved this technical benchmark in 2012 or so. Assistant United States Attorneys — that is, snot-nosed punks like I was at twenty-six — issue a grand jury subpoena by filling it out, or more likely, asking their secretary to fill it out. Nominally, the subpoena is issued on behalf of the grand jury. But it is not by any stretch of the imagination, issued by the grand jury. The AUSA need not — and never does, in my experience — ask the grand jury for permission. When the target of the subpoena produces documents, most often the Assistant U.S. Attorney lets the case agent — some Special Agent of the FBI or DEA or whatever — hold on to them.

So is the grand jury involved at all? Well, sort of. If and when the federal prosecutor seeks an indictment relying in part on documents produced in response to a grand jury subpoena, they’ll summarize the results of the subpoena to the grand jury. But that could be years after the fact. Prior to that, the acknowledged “best practice” is for the AUSA to appear before the grand jury, tell the grand jurors that a subpoena has been issued on their behalf, briefly outline the nature of the investigation, and ask their consent for the case agent to maintain custody of the documents produced — which, because they have been produced “to the grand jury,” are governed by secrecy requirements.

Does that always happen? No. Even when it does happen, it’s rarely a significant check on the use or abuse of grand jury subpoenas. First, when I was an AUSA, I never once had a grand juror ask about why I was issuing such a subpoena or exactly what I got back. I don’t know that any of them ever looked up from their newspapers. The common practice is to make a report so perfunctory that the grand jurors have no context from which to determine whether a subpoena is appropriate — and you’d only be reporting the subpoena after the fact. Second, there’s often no continuity of grand jurors. In a small district you might have only one grand jury that meets once a week, and those grand jurors could, in theory, write things down in their notebooks and keep track of them over time. But in many districts there are many federal grand juries. In Los Angeles, for instance, there was a different one meeting every day of the week. AUSAs don’t necessarily report subpoenas from the same investigation to the same grand jury over time. And federal grand juries turn over after a year and a half (unless extended), which means that the grand jurors hearing you report a subpoena this year won’t necessarily be the same ones hearing you report the next subpoena in the investigation next year.

June 30, 2015

The Supreme Court and the rule of law

Filed under: Law,Liberty,Politics,USA — Tags: , , , — Nicholas @ 04:00

At Ace of Spades H.Q., Weirddave explains why — even if you are in favour of Obamacare continuing in its current form — you should be worried that the United States Supreme Court made a huge mistake with the ruling that kept Obamacare alive:

… If it had gone the other way, God knows Congress would have fallen all over itself to to reinstate the subsidy. No, what was so gobsmackingly amazing about the decision was that it was justified on the basis of “intent”. 6 out of 9 justices ignored the black letter written word of law in favor of “intent”

So why is this important? Well, let’s start by asking a simple question: Why has the USA been so prosperous? Expand the scope of the question: Historically, why has the Anglosphere been so successful? If one views all of the countries in the Anglosphere as branches growing off of a British trunk, underneath all of them, providing sustenance and support is one common root:

Rule of Law

Rule of Law is a concept that goes back to Greco-Roman times and earlier. The Bible introduces some Deuteronomic provisions to constrain the king that are perhaps the earliest iterations of the concept. Plato advocated a benevolent monarchy, placing his hopes on the willingness of the king to obey the law, Aristotle firmly rebuked him for such a Utopian concept. Things really got rolling in 1215 with the Magna Carta which limited the power of King John to act unilaterally. Samuel Rutherford turned traditional wisdom on its head with Lex, Rex (“The law is king” as opposed to the traditional Rex, Lex, “The king is law”) Locke discussed the concept in great detail, and the Founding Fathers of the US kept the concept as their guiding star as they wrote the Constitution. In every case, as the concept evolved, society became more prosperous, more just and more stable.

And then along came John Roberts.

So what is Rule of Law? Simply put, Rule of Law means that the laws apply to everyone equally. A law is written. It says what it says, and everyone must obey it. No exceptions. The law applies to everyone, regardless of social status, political position, wealth, situation. The law says that one may not drive drunk. If someone is pulled over and they blow 1.5, it doesn’t matter if they were really sad because their grandfather just died, or if their mother ruled Bartertown. They broke the law, they are arrested and tried. (I do realize that real life isn’t quite as straightforward and often times position, power or wealth DO determine how laws are applied in individual cases, but we’re talking theory here). Rule of Law creates a level playing field for everyone.

Real life example: You want to set up a toilet paper factory. You can set it up in America, where a codified set of laws protects your property rights and sets legal limits on what the government can do to you, or you can set up shop in Venezuela where what you build belongs to a corrupt government and can be taken from you at anytime. Where do you build your factory?

Exactly, and that’s why Wal-Mart carries dozens of different types of toilet paper and they are wiping their asses with pine cones in Caracas.

Extending the ADA to the web

Filed under: Law,Liberty,Politics,Technology,USA — Tags: , — Nicholas @ 02:00

Amy Alkon discusses why the notion of expanding the Americans with Disabilities Act to cover the internet would be a terrible idea:

So few people understand how laws passed can be used — and easily misused. Stretched into something they were never supposed to be (or not what they were said to be about, anyway).

For example, Title IX was supposed to be about allowing girls equal participation in school sports. The Obama admin has turned it into a system of campus kangaroos courts removing due process from men accused of sexual assault.

Next in line for strrretching is the Americans with Disabilities Act.

[…]

Bader gives some examples from Walter Olson, from his testimony to Congress, of awful changes that would ensue, like that amateur publishing would become “more of a legal hazard.” They’d go after websites like mine, that make a few shekels from Amazon links and a few more from Google ads. I need this money to supplement the money that’s fallen out of newspaper writing; also, I love the people who comment here and the discussion that goes on. It’s what keeps my eyes pried open at 11 p.m. when I need to post a blog item half an hour after I should have gone to bed for my 5 a.m. book- and column-writing wakeup time.

Also, added in the morning, after waking up worrying about this all night — making something “accessible” for a tiny minority could ruin it for everyone.

And what sort of understanding do we really owe people? I don’t do well with complex physics and I have limited attention for things I don’t understand that don’t grab my interest enough to figure them out. Should physics websites dumb themselves down for Amy Alkon’s brain? How many scientific websites will be brought down by disabled people going around to them like the quadriplegic lawyer in the wheelchair filing profit-making suits and closing classic hamburger stands and other businesses in California over ADA claims?

June 29, 2015

Europe institutionalizes the “memory hole”

Filed under: Europe,Law,Liberty,Technology — Tags: , , — Nicholas @ 04:00

Brendan O’Neill on the European “right to be forgotten”:

“He stepped across the room. There was a memory hole in the opposite wall. O’Brien lifted the grating. Unseen, the frail slip of paper was whirling away on the current of warm air; it was vanishing in a flash of flame. O’Brien turned away from the wall. ‘Ashes,’ he said. ‘Not even identifiable ashes. Dust. It does not exist. It never existed.'”

This is the moment in Nineteen Eighty-Four when O’Brien, an agent of the Thought Police who tortures Winston Smith in Room 101, dumps into a memory hole an inconvenient news story. It’s an 11-year-old newspaper cutting which confirms that three Party members who were executed for treason could not have been guilty. “It does exist!” wails Winston. “It exists in memory. I remember it. You remember it.” O’Brien, mere seconds after plunging the item into the memory hole, replies: “I do not remember it.”

Of all the horrible things in Nineteen Eighty-Four that have come true in recent years — from rampant thought-policing to the spread of CCTV cameras — surely the memory hole, the institutionalisation of forgetting, will never make an appearance in our supposedly open, transparent young century? After all, ours is a “knowledge society,” where info is power and Googling is on pretty much every human’s list of favourite pastimes.

Think again. The memory hole is already here. In Europe, anyway. We might not have actual holes into which pesky facts are dropped so that they can be burnt in “enormous furnaces.” But the EU-enforced “right to be forgotten” does empower individual citizens in Europe, with the connivance of Google, to behave like little O’Briens, wiping from internet search engines any fact they would rather no longer existed.

June 27, 2015

“Individualism” as an epithet

Filed under: Europe,History,Liberty,Politics — Tags: , , , — Nicholas @ 04:00

Frank Furedi explains the odd origins of the word “individualism”:

One reason why the idea of individualism generates so much confusion is because, throughout its history, it has been defined by parties that were hostile to it. Indeed, the very term itself was an invention of the opponents of liberalism. As Steven Lukes pointed out in in his useful study, Individualism (1973), the term first emerged in French – individualisme – as part of ‘the general European reaction to the French Revolution and to its alleged source, the thought of the Enlightenment’. For those opposed to the Enlightenment, individualism served as a swear word to be hurled at the enemy.

In Europe, nineteenth-century conservative and counter-revolutionary thought was dominated by hostility to reason and the rights of the individual. Individualism was blamed for the corrosion of traditional communities and the decline in community solidarity. And this conservative representation of individualism, as a narrow-minded, egotistical outlook that selfishly ignores the needs of others in society, continues to predominate. The Oxford English Dictionary, for example, describes individualism as ‘the habit of being independent and self-reliant; behaviour characterised by the pursuit of one’s goals without reference to others’. In case the reader missed the implicit moral judgement here, the OED adds that individualism comes ‘sometimes with negative connotations of self-centredness or anti-social behaviour’.

By the middle of the nineteenth century, it was increasingly common to attribute some of the most destructive consequences of the Industrial Revolution, particularly the break-up of communities and social disorganisation, to the rise of individualism. When Auguste Comte, the French philosopher and founder of the discipline of sociology, condemned individualism as ‘the disease of the Western world’, he gave voice to a sentiment that transcended the ideological divide between conservatives and socialists. Individualism had few friends on either the left or the right of the political spectrum. The representation of individualism as a selfish, anti-social and destructive creed provided an ideological narrative for demonising liberal currents of thought.

June 21, 2015

“Why libertarianism is closer to Stalinism than you think” … unless you actually know anything about libertarianism, of course

Filed under: Liberty,Politics — Tags: , , — Nicholas @ 03:00

Alan Wolfe, I’m reliably informed, is a highly respected sociologist and political scientist at Boston College. If this kind of thing is typical of his output, I’m inclined to doubt my sources:

“Libertarianism has a complicated history, and it is by and large a sordid one,” charges Wolfe. It is “a secular substitute for religion, complete with its own conception of the city of God, a utopia of pure laissez-faire and the city of man, a place where envy and short-sightedness hinder creative geniuses from carrying out their visions.”

I’d call him the Hitler of Hyperbole, but that seems, I don’t know, a tad over the top. Sort of like equating a live-and-let-live philosophy such as libertarianism to Stalinism. Which I confess it totally is. Except for the gulags, the mass murders, the forced relocations, the belief in statism, a demonstrably insane economic policy — I’m probably forgetting one or two other points of similarity.

Predictably, Wolfe disinters the corpse of Ayn Rand and insists not only was the Atlas Shrugged author “an authoritarian at heart” but that she remains the beating heart of an intellectual, philosophical, and cultural movement that includes a fistful of Nobel Prize winners (Friedman, Buchanan, Smith, Hayek, Vargas Llosa, etc.); thinkers such as Robert Nozick and Camille Paglia; businessmen such as Whole Foods’ John Mackey, Amazon’s Jeff Bezos, Overstock’s Patrick Byrne; and creative types ranging from Rose Wilder Lane to the creators of South Park to Vince Vaughn. Sound the alarum, folks! Team America: World Police and Dodgeball: A True Underdog Story are running on Comedy Central again!

June 19, 2015

The EFF’s Privacy Badger

Filed under: Liberty,Technology — Tags: , , — Nicholas @ 05:00

Earlier this month, Noah Swartz exhorted the Mozilla folks to put some energy and effort behind the Firefox Tracking Protection technology. While we wait for that to come to fruition, he also recommends the Electronic Frontiers Foundation’s Privacy Badger for Firefox users:

In her blog post, [Monica] Chew flags the need for Mozilla’s management to ensure that this essential protection reaches users, and to recognize that “current advertising practices that enable ‘free’ content are in direct conflict with security, privacy, stability, and performance concerns.” Since advertising industry groups flatly refused to respect the Do Not Track header as a privacy opt-out from data collection, the only line of defense we have against non-consensual online tracking is our browsers.

Safari and Internet Explorer have taken important steps to protect their users against web tracking: Safari blocks third party cookies out of the box, and IE offers a prominent tracker-blocking option. But mainstream users of open source browsers are out of luck. Until that changes, our Privacy Badger add-on for Firefox and Chrome remains perhaps the only one-click solution for users who want to protect their privacy as they browse the web. Since Privacy Badger requires no configuration, we encourage any user who is concerned about online tracking to add it to their browser.

EFF Privacy Badger

June 14, 2015

More on that Reason grand jury subpoena

Filed under: Law,Liberty,Media,USA — Tags: , , , , — Nicholas @ 04:00

At the Foundation for Economic Education, Ryan Radia discusses the free-speech-quashing subpoena issued by a federal prosecutor in New York state:

In late May, Judge Katherine Forrest, who sits on the US District Court for the Southern District of New York, sentenced Ulbricht to life in prison. This sentence was met with mixed reactions, with many commentators criticizing Judge Forrest for handing down what they perceived as an exceedingly harsh sentence.

A few Reason users, some of whom may have followed Reason’s extensive coverage of the fascinating trial, apparently found Ulbricht’s sentence especially infuriating.

One commenter argued that “judges like these … should be taken out back and shot.” Another user, purporting to correct the preceding comment, wrote that “it’s judges like these that will be taken out back and shot.” A follow-up comment suggested the use of a “wood chipper,” so as not to “waste ammunition.” And a user expressed hope that “there is a special place in hell reserved for that horrible woman.”

Within hours, the office of Preet Bharara, the US Attorney for the Southern District of New York, sent Reason a subpoena for these commenters’ identifying information “in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury.”

This doesn’t mean a grand jury actually asked about the commenters; instead, in federal criminal investigations, it’s typically up to the US Attorney to decide when to issue a subpoena “on behalf” of a grand jury.

[…]

Even if this subpoena is valid under current law — more on that angle in a bit — the government made a serious mistake in seeking to force Reason to hand over information that could uncover the six commenters’ identities.

Unless the Department of Justice is investigating a credible threat to Judge Forrest with some plausible connection to the Reason comments at issue, this subpoena will serve only to chill hyperbolic — but nonetheless protected — political speech by anonymous Internet commenters.

June 12, 2015

Reason becomes a DOJ target because commenters disrespected a judge

Filed under: Liberty,Media,Politics,USA — Tags: , , — Nicholas @ 05:00

Every now and again, it’s easy to believe that we’ve somehow slipped down a hole in time to a less free, more authoritarian time. This is the kind of thing you could easily imagine happening in Fascist Italy or Franco’s Spain rather than in the United States in 2015:

The United States Department of Justice is using federal grand jury subpoenas to identify anonymous commenters engaged in typical internet bluster and hyperbole in connection with the Silk Road prosecution. DOJ is targeting Reason.com, a leading libertarian website whose clever writing is eclipsed only by the blowhard stupidity of its commenting peanut gallery.

Why is the government using its vast power to identify these obnoxious asshats, and not the other tens of thousands who plague the internet?

Because these twerps mouthed off about a judge.

Last week, a source provided me with a federal grand jury subpoena. The subpoena, issued by the U.S. Attorney’s Office for the Southern District of New York, is directed to Reason.com in Washington, D.C.. The subpoena commands Reason to provide the grand jury “any and all identifying information” Reason has about participants in what the subpoena calls a “chat.”

[…]

Regrettably, The Government Can Probably Abuse the Grand Jury Subpoena Power This Way

The grand jury’s investigative power — exercised nominally on its behalf by the U.S. Attorney’s office — is nearly unchecked. It’s not like a stop-and-frisk or search; the government doesn’t need reasonable suspicion or probable case to use grand jury subpoenas to seek information. In general, one can only challenge grand jury subpoenas when they are irrationally burdensome (like demanding that Apple produce every document about iPhones in its possession) or for an improper purpose (like using the grand jury to improve trial evidence after an indictment has already been returned) or, very rarely, when privacy or constitutional issues are in play.

Reason.com — or the anonymous commenters — could file an action in federal court seeking to quash this subpoena. We know how that would likely come out, because someone recently did it. During the 2012 election cycle a juvenile but prolific Twitter personality named “Mr. X” tweeted “I want to fuck Michelle Bachman in the ass with a Vietnam era machete.” The government subpoenaed Twitter for Mr. X’s identifying information; Mr. X filed a motion to quash the subpoena. The United States District Court for the District of Columbia rejected the motion.

The long-lasting impact of the “Little House” books

Filed under: History,Liberty,Media,USA — Tags: , — Nicholas @ 03:00

Jason Kuznicki on the deep emotional grasp Laura Ingalls Wilder’s “Little House” books are still having today:

“Not ‘Harry Potter’!” says Alice, age five. “I want ‘Little House’!”

It’s the age of negotiated bedtime reading. My husband and I oblige, and tonight we read from Little House in the Big Woods, the first installment of Laura Ingalls Wilder’s fictionalized autobiography. We take turns reading: Alice reads, then I do, then Scott does. Then Alice reads again. It’s never enough.

What draws her in? A lot of things. The characters are mostly female, young, and strong. Laura herself begins “Little House” at four, an age that wins our daughter’s ready empathy. Not unlike the first volume of “Harry Potter,” Little House in the Big Woods introduces an unknown world; done properly, that’s always exciting. As generations already know, the story is clean and earnest, without affectation or smarm. And it’s told in words that Alice can read all on her own — a great confidence builder.

It’s sometimes hard to fathom, though, just how different Laura’s life was from our own: churning butter, salting meat, boiling down maple syrup… Megan McArdle discussed all this in a recent piece for Bloomberg. The “Little House” books open up a lost world for today’s kids — and for today’s adults:

    [A]s an adult… what really strikes you is how incredibly poor these people were. The Ingalls family were in many ways bourgeoisie: educated by the standards of the day, active in community leadership, landowners. And they had nothing.

We’re not just talking a different skill set, then. The skills came of necessity, and of hardships almost wholly unknown today: “Little House” contains the actual sentence, “They had never seen a machine before” — because, well, they hadn’t.

June 10, 2015

QotD: The Rabbits and the Evil League of Evil

Filed under: Liberty,Media,Politics,Quotations,USA — Tags: , , — Nicholas @ 01:00

On the one hand, you have a faction that is broadly left-wing in its politics and believes it has a mission to purge SF of authors who are reactionary, racist, sexist et weary cetera. This faction now includes the editors at every major SF publishing imprint except Baen and all of the magazines except Analog and controls the Science Fiction Writers of America (as demonstrated by their recent political purging of Theodore Beale, aka Vox Day). This group is generally frightened of and hostile to indie publishing. Notable figures include Patrick & Theresa Nielsen Hayden and John Scalzi. I’ll call this faction the Rabbits, after Scalzi’s “Gamma Rabbit” T-shirt and Vox Day’s extended metaphor about rabbits and rabbit warrens.

On the other hand, you have a faction that is broadly conservative or libertarian in its politics. Its members deny, mostly truthfully, being the bad things the Rabbits accuse them of. It counteraccuses the Rabbits of being Gramscian-damaged cod-Marxists who are throwing away SF’s future by churning out politically-correct message fiction that, judging by Amazon rankings and other sales measures, fans don’t actually want to read. This group tends to either fort up around Baen Books or be gung-ho for indie- and self-publishing. Notable figures include Larry Correia, Sarah Hoyt, Tom Kratman, John C. Wright, and Vox Day. I’ll call this group the Evil League of Evil, because Correia suggested it and other leading figures have adopted the label with snarky glee.

A few other contrasts between the Rabbits and the Evil League are noticeable. One is that the Evil League’s broadsides are often very funny and it seems almost incapable of taking either itself or the Rabbits’ accusations seriously – I mean, Correia actually tags himself the “International Lord of Hate” in deliberate parody of what the Rabbits say about him. On the other hand, the Rabbits seem almost incapable of not taking themselves far too seriously. There’s a whiny, intense, adolescent, over-fixated quality about their propaganda that almost begs for mockery. Exhibit A is Alex Dally McFarlane’s call for an end to the default of binary gender in SF.

There’s another contrast that gets near what I think is the pre-political cause of this war. The Rabbits have the best stylists, while the Evil League has the best storytellers. Pick up a Rabbit property like Rich Horton’s The Year’s Best Science Fiction and Fantasy 2014 and you’ll read large numbers of exquisitely crafted little numbers about nothing much. The likes of Correia, on the other hand, churn out primitive prose, simplistic plotting, at best serviceable characterization – and vastly more ability to engage the average reader. (I would bet money, based on Amazon rankings, that Correia outsells every author in that collection combined.)

Eric S. Raymond, “SF and the damaging effects of literary status envy”, Armed and Dangerous, 2014-07-30.

June 1, 2015

The place of “The Marys” in feminist and literary history

Filed under: Britain,History,Liberty,Media — Tags: , , , — Nicholas @ 05:00

In the June issue of Reason, Amy Sturgis reviews a new book by Charlotte Gordon, Romantic Outlaws: The Extraordinary Lives of Mary Wollstonecraft and Her Daughter Mary Shelley:

Mary Wollstonecraft and her daughter, Mary Shelley, shared life on earth for a mere 11 days. But though fate kept them apart, the two women together managed to change the Western world’s conception of women’s rights, human reason, education theory, and romantic love. Not to mention invent modern science fiction. In Romantic Outlaws, biographer Charlotte Gordon makes a compelling case that each woman’s intellectual legacy has been underappreciated. She also argues persuasively that the two were linked by more than just blood: Wollstonecraft’s life and principles had a profound impact on her daughter, an influence critics largely have ignored.

Both Marys led lives that captured the public imagination at least as much as their path-breaking writings did. Their dramatic personal stories, coupled with well-meaning family members’ attempts to manage their reputations after their deaths, help explain how their ideas got lost in the sensationalist shuffle. But Gordon sees the Marys’ private lives not as obstacles to be overcome but as extensions of their philosophies. Mother and daughter, she argues, tried to craft independent and meaningful lives of the mind in times when a self-supporting, freethinking woman wasn’t just an oddity but a scandal.

“Without knowing the history of the era, the difficulties Wollstonecraft and Shelley faced are largely invisible, their bravery incomprehensible,” Gordon writes. “Even those who revere mother and daughter do not fully realize how profoundly they challenged the moral code of the day. Yet both women were what Wollstonecraft termed ‘outlaws.’ Not only did they write world-changing books, they broke from the strictures that governed women’s conduct, not once but time and again. Their refusal to bow down, to be quiet and subservient, to apologize and hide, makes their lives as memorable as the words they left behind.” Gordon’s admiration for the two is clear and contagious.

May 26, 2015

Ilya Somin’s new book on eminent domain

Filed under: Law,Liberty,USA — Tags: , , , , — Nicholas @ 04:00

The book is being published in time to mark the tenth anniversary of the Supreme Court’s dreadful Kelo decision:

My new book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. It is the first book about the Kelo decision and the massive political backlash it generated, written by a legal scholar. The Grasping Hand is coming out just in time for the tenth anniversary of Kelo on June 23.

Kelo-Book-Cover-Final-Version-e1432095413354Here is a summary from the University of Chicago Press website (the book is also co-published by the Cato Institute):

    In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution – even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.

    In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups, and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats.

    The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

    Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain, and an evaluation of options for reform.

May 25, 2015

Every word in this article is a microaggression, including ‘and’ and ‘the’

Peggy Noonan writes an article about the incredibly thin-skinned and censorious generation in university right now … everyone to their fainting couches!

Readers know of the phenomenon at college campuses regarding charges of “microaggressions” and “triggers.” It’s been going on for a while and is part of a growing censorship movement in which professors, administrators and others are accused of racism, sexism, homophobia, classism, gender bias and ethnocentric thinking, among other things. Connected is the rejection or harassment of commencement and other campus speakers who are not politically correct. I hate that phrase, but it just won’t stop being current.

Kirsten Powers goes into much of this in her book, The Silencing. Anyway, quite a bunch of little Marats and Robespierres we’re bringing up.

But I was taken aback by a piece a few weeks ago in the Spectator, the student newspaper of Columbia University. I can’t shake it, though believe me I’ve tried. I won’t name the four undergraduate authors, because 30 years from now their children will be on Google, and because everyone in their 20s has the right to be an idiot.

Yet theirs is a significant and growing form of idiocy that deserves greater response.

The authors describe a student in a class discussion of Ovid’s epic poem “Metamorphoses.” The class read the myths of Persephone and Daphne, which, as parts of a narrative that stretches from the dawn of time to the Rome of Caesar, include depictions of violence, chaos, sexual assault and rape. The student, the authors reported, is herself “a survivor of sexual assault” and said she was “triggered.” She complained the professor focused “on the beauty of the language and the splendor of the imagery when lecturing on the text.” He did not apparently notice her feelings, or their urgency. As a result, “the student completely disengaged from the class discussion as a means of self-preservation. She did not feel safe in the class.”

Safe is the key word here. There’s the suggestion that a work may be a masterpiece but if it makes anyone feel bad, it’s out.

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