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30 Jan 2011, 12:43 am by Mike Rappaport
Glenn Reynolds has been making the point that the Egyptian uprising might be more likely to result in good consequences if the Bush Administration had actually pursued its freedom agenda consistently and competently. I agree. In fact, I wrote an essay along those line for Pajamas Media about two years ago. [read post]
8 Dec 2010, 7:08 pm by Mike Rappaport
(This post has been moved to the top -- for the last time.) In the last couple of months, I have been at work starting a new blog, which is now ready tobe viewed. The Originalism Blog is devoted to reviewing and reporting on work about the constitutional interpretive theory of Originalism. The blog is best explained by this introductory post: Welcome to the Originalism Blog -- the Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law. At the… [read post]
11 Oct 2010, 12:39 am by Mike Rappaport
When Penn State absolved Mike Mann of wrongdoing, and the University of East Anglia did the same for [read post]
4 Oct 2010, 11:22 pm by Mike Rappaport
Was it Israel and the US? Or was it Russia? Or China? Interesting article. [read post]
20 Jul 2010, 9:41 am by Mike Rappaport
don't fret over BP. It is time to go after those cars and cats! [read post]
19 Apr 2010, 5:06 pm by Mike Rappaport
Tyler Cowen has an interesting column in the New York Times. First, the extent of the tax burden. Welcome back to the pre-Reagan era: Consider the tax burden on high earners once the Bush administration's tax cuts expire next year. Add up the federal, state, city and sales taxes for a lawyer in New York City who earns $300,000 a year. Depending on the circumstances, this individual could be facing marginal tax rates in the range of 60 percent. Higher income tax rates would discourage hard work… [read post]
16 Apr 2010, 3:37 pm by Mike Rappaport
One word: Romneycare. It would be better if he repudiated it, which he has not, but even then I still think it would be disqualifying. [read post]
25 Mar 2010, 12:33 am by Mike Rappaport
Orin Kerr mentions the lawyers on both sides of the gay marriage case -- for the constitutional right to gay marriage, Ted Olson (and David Boies), and against, Charles Cooper. Upon reading Orin's post, I realized that I had worked for both of these lawyers -- for Cooper when I worked in the Office of Legal Council of the Justice Departments, and for Olson when I worked at Gibson, Dunn, and Crutcher in Washington, D.C. Both were very good lawyers and both were demanding bosses! (But not nearly… [read post]
19 Mar 2010, 4:45 pm by Mike Rappaport
If you had to sum up the health care mess in a short post, it would be this one. I guess that is why they pay Glenn the big bucks. [read post]
17 Mar 2010, 5:01 pm by Mike Rappaport
Some people are arguing that the enrolled bill doctrine forecloses judicial review of the Slaughter Solution should the Health Care Bill be enacted through that method. For a more nuanced post, see here. Not so fast. While the enrolled bill doctrine (which suggests more or less that a bill sent by the Congress to the President is assumed to be the one voted upon by both houses of Congress) might apply, it is by no means certain. First, that doctrine arose in a case involving an alleged discrepancy… [read post]
26 Nov 2009, 1:44 am by Mike Rappaport
The accusation has been made, and now the "scientists" have responded. The "scientists" will release only limited data responding to the accusation.  Take a look at the final update at the bottom of the article.  I don't think they understand that we are living in a new world now.  Their credibility has been undermined.  But, hopefully, they soon will understand it. [read post]
7 Jun 2008, 7:01 am
I wasn't going to discuss this, but it just keeps getting better, so I can't resist.  One of my favorite bloggers, Tyler Cowan, discusses this blog which he calls evil -- Roissy in DC -- and won't link to it.  This is pretty silly, because I simply googled the name and found the blog on my own at the top of the page.   One can ponder the trade-off between violating the blogosphere norm of not linking to someone your discussing -- which is arguably… [read post]
17 Sep 2007, 12:07 am
It is commonly said, at least by many left wing critics and others, that waterboarding is torture, both as a legal and moral matter.  Lets assume that is correct. Now, it is my understanding that many people in the military, including Navy Seals, are waterboarded as part of their training.  If that is true, are we torturing our military personnel? This is a significant question.  Take paradigmatic forms of torture, such as breaking bones or even severe psychological… [read post]
12 Sep 2007, 11:27 am
The extremely able Robin Hanson argues that much of it is a waste of money!  And he backs it up with evidence. Car inspections and repairs take a small fraction of our total spending on cars, gas, roads, and parking. But imagine that we were so terrified of accidents due to faulty cars that we spent most of our automotive budget having our cars inspected and adjusted every week by Ph.D. car experts. Obsessed by the fear of not finding a defect that might cause an accident, imagine we made… [read post]
27 Jun 2007, 3:56 pm
It really outrages me that there are politicians like Diane Feinstein who seek to re-impose the Fairness Doctrine.  It will be interesting to see which groups support it.  Obviously, the incumbent plutocrats who don't like criticism -- the same saintly bunch who sought to silence criticism in McCain-Feingold -- but who else?  I would not be surprised to find MSM institutions, like the networks and the establishment newspapers, trying to do the same thing, because… [read post]
19 May 2007, 1:40 am
David Greenberg, who I rarely agree with, writes at the New York Times blog that conservatives claim to be abandoning Bush because he has not acted as a real conservative, but in reality they are abandoning him because his conservative policies have failed and the American people will soon reject them: Far from a subversion of modern American conservatism, Bush represents its fulfillment. But now Republicans are deserting Bush. Businessmen and evangelicals, libertarians and social moderates are all… [read post]
2 May 2007, 12:01 am
Russ Roberts says not very well.  Why?My claim is that baseball, while competitive (in the everyday sense of the word), is not a very good testing ground for the power of competition as economists use the term. The biggest problem with generalizing from baseball to the rest of the economy is that if you do a lousy job in baseball, you still make a lot of money. Since 1998, the Kansas City Royals have been horrible. They have won more games than they've lost only once in that span.… [read post]
19 Dec 2006, 12:54 am
Ilya Somin argues that the 10 percent plan is more harmful than traditional affirmative action.  He makes a good case, although he does not really consider the special harms that flow from taking race explicitly into account in admissions decisions.  Of course, one wonders whether the 10 percent plan is even in accord with true colorblind principles, whether or not they are written into the Constitution, federal statutes, or state laws.  If an actor cannot discriminate directly,… [read post]