July 23, 2005
July 22, 2005
The example we were always given in law school concerned civil rights cases. An originalist ignored the literal meaning of the words in the 14th Amendment, for example, and attempted to assay what its drafters thought back in the late-1860's when they drafted those words, in order to give them meaning. Since many of the drafters were comfortable with Jim Crow laws in the North at the time the 14th Amendment was ratified, the "separate but equal" doctrine could survive constitutional muster when reconciling the clear language of the 14th Amendment with the actual beliefs of its drafters. A "strict constructionist", on the other hand, emphasized both the clear language of the amendment and the impact "separate but equal" laws would have on African-Americans, and saw a contradiction. The majority opinion in Plessy v. Ferguson was an originalist one, while Justice Harlan's dissent was based on a strict interpretation of the actual language of the 13th and 14th Amendments.
In all honesty, I'm a bit creeped out by any judicial candidate discussing (or being asked about) his "philosophy", unless that philosophy is essentially that he will be fair, unbiased and without prejudice. Although the example listed above is a clear case of a strict interpretation of the Constitution leading to a better, more humane result than an originalist reading, there are cases (such as the meaning of "freedom of speech") where the views of the Framers are more expansive than those who take the strict constructionist view, ie., that the right only extends to the barring of legislation infringing on vocal expressions. Depending on your ideology, one man's activist judge is another's strict constructionist. Possessing a "philosophy" should be a disqualifying demerit for any judicial nominee, and one of the few hopeful signs so far about Roberts is that he doesn't appear to be wed to any.
July 21, 2005
July 20, 2005
July 19, 2005
He sits at nightfall in his home office in the San Fernando Valley, a dimly lighted room except for the glow emanating from his computer, his flat-screen television, and a half-dozen other state-of-the-art gadgets. He is showing off a little: not just his high-tech toys, but the quality of his information.What's really sad is that these people's lives revolve around getting a candid photo of...Alyssa Milano? Anyways, why can't the local paper get entertainment reporting like this?
"That's the thing that's valuable," Mr. Griffin says, explaining how his cash payoffs to tipsters can come to $100,000 a year. "The best ones are the ones who do it for pure greed. Because nothing else colors their judgment."
He opens a drawer, pulls out a few stacks of paper. Here, he says, are this week's scheduled movements of every famous passenger of a major limousine company in Los Angeles. He has an employee of the limo company on retainer, with bonuses "if there's results."
Here, too, are what Mr. Griffin describes as the passenger manifests of every coast-to-coast flight on American Airlines, the biggest carrier at Los Angeles International Airport. "I get the full printout," he says. "If they fly any coastal flight, I know. I can also find anybody in the world within 24 hours, I guarantee it. If they don't mask the tail number on a private plane, I'll find it." He says he has law-enforcement officers on his payroll, too, and can have a license plate checked in an hour on weekdays, 20 minutes on weekends.
(snip)
He pulls out a photocopy of what he says are the transcribed notes of a top film actress's examination by her doctor, and points to a reference to her breast implants.
UPDATE: The timing of the nomination hasn't been lost on the media. According to Reuters:
Sources said the timing of an announcement had been moved up in part to deflectUnless, of course, it isn't Clement after all; ABC is reporting that an "informed source" told them that Judge Clement was notified this afternoon that Bush had decided to go in "a different direction".
attention away from a CIA leak controversy that has engulfed Bush's top
political adviser, Karl Rove. A Republican strategist with close to the White
House described Clement as the leading candidate. "She's pretty
untouchable," he said. "Plus, it helps take Rove off the front pages
for a week."
UPDATE [II]: CNN is now reporting that Bush has picked John Roberts for the spot. Good--another white boy. We can filibuster this guy and not lose any sleep...
UPDATE [III]: ...or maybe we should just sleep on it. Several progressive bloggers are actually quite sanguine about this nomination, with one posting that it indicates how far Bush's star has fallen in the last few weeks that he has to settle for Roberts. We don't have to even think about a filibuster until after the Judiciary Committee decides whether to forward his nomination to the floor, which probably won't be til late September anyway.
July 18, 2005
It would be like shooting fish in a barrel to come up with counter-examples for how he reacted when Clinton was President. He's gone from a defender and protector of Salman Rushdie to a supporter of the Bush Administration leaking leaking bogus information to discredit political opponents. The man has no bottom.
Anyways, if whoever was so "extremely capable", how come he was running as a Democrat in New York, but still couldn't win?
July 17, 2005
1. Never, ever go to Las Vegas in July unless you really, really have to. Lord, it was a scorcher. On the outskirts of the city, where the wedding took place, the thermometer got as high as 118°, and even at night, it rarely dipped below 100. Man was not meant to live in such an environment. Of course, casinos are always air-conditioned....
2. Avoid video blackjack. The odds are even more decisively in favor of the house than they are at the tables, where you at least have more options to double down, and the speed at which you can play ensures that at some point, you will encounter the bane of any player, which is the prolonged losing streak. If you must play video blackjack, do not drink. Besides the fact that the casino is comping the drink precisely so that you stay longer, you will end up doing things without thinking that you would never do at the tables. There is nothing better at killing the human spirit and shredding any sense of dignity than accidently hitting on 20 (twice !!), unless it's hitting on 19, getting dealt an ace, but still losing to the dealer's 21.
3. If you like to gamble, avoid the Strip. Most of the high-rent hotels aim for higher rollers, so the table minimums can be prohibitive for a working-class stiff like myself (my family stayed at The Venetian, which is tres posh). Downtown is less pretentious, has lower table limits, and you can even find places where they play single-deck blackjack, if you happen to possess certain Rain Man-like talents. Hotels on the Strip may be more comfortable, but you are not honor-bound to patronize their facilities, and the Downtown casinos are only a cheap cab ride away.
4. Never go to Vegas on a weekend of a major event, such as a title fight or a poker championship, both of which converged on the city at the same time Saturday. It pretty much made the south end of the Strip unnegotiable, so going to the MGM Grand or Mandalay Bay (two favorite stops of mine) was out of the question.
5. (For L.A. residents only) Always assume that at some point on a weekend visit, you will hit a major traffic jam both coming and going. Although there is plenty of room to do so, the federal government has never seen its way to construct a third lane of traffic for the I-15, so any accident or mishap will effect cars hundreds of miles away. Just accept the things you have no control over.
July 15, 2005
July 14, 2005
More suspiciously, Ahnolt vetoed a bill last year that would have regulated the prescription of "dietary supplements" to high school athletes, which would have directly impacted the business of the principal advertisers to said magazines:
Gives a new meaning to the phrase, "pay to play"....Schwarzenegger's two muscle magazines are crammed with ads for performance-enhancing dietary supplements promising chiseled bodies and surges of energy. The 257-page August issue of Muscle & Fitness contains 110 pages of ads for supplements, from creatine ethyl ester to anabolic/androgenic "absorption technology."
The governor used his regular column in the June issue of Muscle & Fitness to defend the supplement industry. He vowed to oppose any effort to restrict sales of the products in California, writing that he is "so energized to fight any attempt to limit the availability of nutritional supplements."
An article in the August issue of Muscle & Fitness said Schwarzenegger had "lent his support" to a new lobbying group that would work to promote nutritional supplements. "The governor also made it clear that he will remain a phone call away as the coalition progresses," the magazine said.
Més que -- un blog 