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1151  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 09, 2012, 12:48:54 PM
Well, as best as I can tell neither of us know what she "did".

That said, I stick with my POV.  I think people should be allowed to choose with whom they associate.

Agreed. but only one of us has decided the merits of the decision.

I also agree that there is a free choice with whom to associate. Nothing I said should be read as contrary to that view. But, that is also different that merely allowing people to act as they will, without limits.
1152  Politics, Religion, Science, Culture and Humanities / Politics & Religion / U.S. Lawmakers Must Fix Pentagon’s China Report on: July 08, 2012, 09:45:56 PM
http://www.defensenews.com/apps/pbcs.dll/article?AID=2012307080006
1153  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 08, 2012, 09:30:09 PM
I read the whole thing, but it still isn't true. People have the right to have their opinions, but they don't have the unlimited right to act on them (which I think you mean since you say "make", which implies, I think, an action toward the gay person, especially with the addition of "of it what they will"). The point is, she didn't just have the opinion, she acted on it. And, without knowing what was said, you can't know that her removal from the program was unwarranted.
1154  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Legal Issues created by the War with Islamic Fascism on: July 08, 2012, 09:19:05 PM
I think in some ways you are conflating two issues. The idea of the soldier reading Miranda rights is different from the role that Congress plays.

As I said, the review is not good throughout, but the discussion (or rather questions raised) surrounding drones was worthwhile to spend a moment contemplating.

And, it served as a good opportunity to recommend the good book by Goldsmith, although I think Cole misunderstands, or misrepresents, the book.
1155  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Legal Issues created by the War with Islamic Fascism on: July 08, 2012, 12:36:24 PM
It's a long piece and I have not read all of it yet, but this caught my attention:

"The primary blame, however, is Congress’s. Playing shortsighted domestic politics, Congress has refused to allow any Guantánamo detainees to be brought to the United States".

No, the Congress has correctly stood for preventing turning the overseas war with Islamic Fascism into a series of criminal acts whose actors are entitled to US Constitutional protections.



That WAS interesting. The surrounding discussion about the Chinese Ulghars is interesting too.
1156  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Obama and Terror on: July 08, 2012, 09:46:45 AM
http://www.nybooks.com/articles/archives/2012/jul/12/obama-and-terror-hovering-questions/?pagination=false

This is a book review, by David Cole, of two recent books about the presidency during the war on terror. While I think he gets the Goldsmith book wrong (and I HIGHLY recommend it), there are interesting parts in the review.
1157  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 08, 2012, 07:21:56 AM
I don't have the time right now, but I will get back this in a day or three.

Just a reminder...
1158  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / SCOTUS Oct. 2011 term in review on: July 08, 2012, 07:21:02 AM
http://www.latimes.com/news/nationworld/nation/la-na-court-term-20120708,0,2123711.story
1159  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Discussion of UN Small Arms Treaty on: July 07, 2012, 09:07:55 PM
http://opiniojuris.org/2012/07/02/july-is-arms-trade-treaty-month/

July is Arms Trade Treaty Month

by Duncan Hollis


At one time in the mid-1990s, it seemed like a week couldn’t go by without some large gathering of States seeking to hammer out the terms of a new multilateral treaty with aspirations for universal membership.  Such treaty negotiations have become a rarer phenomenon today with most meetings now emphasizing implementation of, and compliance with, existing treaties.  And where new norms are called for, treaties are no longer the default vehicle — many States now favor using political commitments (e.g., the Copenhagen Accord) as an alternative to the more traditional treaty form.
 
Still, from time to time, treaty negotiations and all the diplomatic machinations accompanying them return to center stage. July appears to be one of those times.  Starting today and running through July 27, the UN is launching a new treaty negotiation in New York for an Arms Trade Treaty.  The UN General Assembly first proposed such a treaty in December 2006 in its Resolution 61/89.  You can review a summary of the work of the preparatory committee since then here, including the Chair’s 2011 non-paper that outlines what an Arms Trade Treaty might look like.  A compilation of State reactions to the Chair’s non-paper is also available.
 
The pitch for an arms trade treaty is a simple one — there are treaties regulating almost every other good as it is traded across borders; as one pro-treaty NGO representative put it, “It is an absurd and deadly reality that there are currently global rules governing the trade of fruit and dinosaur bones, but not ones for the trade of guns and tanks”.  The argument goes on to suggest that this absence of regulations means that weapons can be traded to and misused by government forces or end up in the wrong hands of criminals, pirates, terrorists, etc., who then perpetuate death and destruction.
 
On the other hand, there are significant obstacles that may limit or obstruct any arms trade treaty. For starters, under the current rules of procedure, the treaty’s adoption will require consensus, meaning one State (think the US or Russia) could block it (it is possible though that a text supported by a sufficient number of States might be put before the UN General Assembly itself, which requires only a super-majority vote).  Second, as the UN’s Register of Global Reported Arms Trade indicates, there’s a lot of arms traffic (and thus money) at stake.  Thus, there is a wide array of stakeholders out there whose interests may not coincide with the sort of trade regulation that NGOs like Amnesty International envision.  Third, there’s a looming fight over whether to include ammunition within the treaty, which will obviously have a fairly significant impact on the proposed treaty’s scope.  And to the extent the treaty tries to regulate trade with specific actors (e.g., terrorists), there will undoubtedly be definitional and labeling issues that may make the treaty difficult to implement (for example, there is still no UN-accepted definition for terrorism).
 
As for the United States, the Obama Administration shifted course in 2009 and agreed not to oppose the current negotiations (which the Bush Administration had opposed in favor of better national controls).  Still, the US faces a few daunting issues in any arms trade treaty, most obviously, that any focus on arms, even one limited to regulating trade in arms, engenders 2nd Amendment concerns and domestic opposition from those who resist federal laws or regulations relating to guns (and this will be true I suspect even if the Obama Administration negotiates a text that it believes steers clear of any U.S. Second Amendment jurisprudence).  There’s also a question of continued US trade in arms to Taiwan and how the treaty would address whose law regulates the importation of weapons into Taiwan (with the possibility that the government of the People’s Republic of China might use any treaty to advance its position on Taiwan’s status).
 
In other words, there’s a lot on the table in New York this month.  And I’m sure this post has only scratched the surface.  So, I’d welcome reader input on other issues or views about the negotiations’ chances for success (or failure).  I’d also welcome any pointers to a daily digest of the negotiation’s progress along the lines of the invaluable IISD reporting service that serves such a wonderful updating and reporting role in the international environmental context.  I expect I’m not the only one interested in seeing how things progress.
1160  Politics, Religion, Science, Culture and Humanities / Politics & Religion / How Anonymous Picks Targets, Launches Attacks, and Takes Powerful Organizations on: July 07, 2012, 08:10:19 PM
http://www.wired.com/threatlevel/2012/07/ff_anonymous/all/
1161  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Short History of Money on: July 07, 2012, 07:50:24 PM
I found this exceptionally interesting.

http://spectrum.ieee.org/at-work/innovation/a-brief-history-of-money/0
1162  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel sharing on: July 07, 2012, 09:11:43 AM
Pasting BD's post here as well

http://www.lawfareblog.com/

To insure that the story stays, here is the proper link: http://www.lawfareblog.com/2012/07/us-mexican-intelligence-cooperation-against-cartels-an-interesting-section-in-the-draft-intel-authorization-act/

The lawfareblog site is an interesting discussion of the role of law (and lawyers) in warfare. I posted it originally in the legal issues and islamic war thread because that was the basis of the creation of the blog. The material posted on the site, as the story above illustrates, often goes beyond the exact subject.
1163  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Lawfare Blog on: July 06, 2012, 08:35:46 PM
http://www.lawfareblog.com/

Run by some heavy hitters in the field.
1164  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / The Fatal Flaw in John Roberts' Analysis of the Commerce Clause on: July 05, 2012, 02:09:46 PM
http://www.tnr.com/blog/plank/104554/the-fatal-flaw-in-john-roberts-analysis-the-commerce-clause

But Roberts' tax argument actually undermines his argument about the inapplicability of the Commerce Clause. Roberts reasoned that Obamacare really imposes a mandate only on those subject to its tax penalty—which is limited to those who have thousands (probably tens of thousands) of dollars in earned income. What Roberts seems to have missed is that you cannot have earned income without engaging in commerce. (Gift income does not count as earned income subject to this tax).
1165  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Obama Won by Losing on: July 05, 2012, 02:07:40 PM
http://schultzstake.blogspot.com/2012/06/obama-won-by-losing-thoughts-on-health.html

President Obama won by losing on Thursday.  Yes his health care legislation was upheld but it came at the expense of federal power and perhaps further losses down the line in terms of civil rights and other forms of federal power. The media will report that by a 5-4 decision the Supreme Court affirmed the individual mandate and upheld the Obama Health Care Act.  But a tighter and more thorough reading demonstrates this to be a very conservative decision and Obama lost big legally.
1166  Politics, Religion, Science, Culture and Humanities / Politics & Religion / States Resist Obamacare on: July 05, 2012, 02:03:57 PM
http://www.cato.org/publications/commentary/states-resist-obamacare
1167  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Brain Time on: July 05, 2012, 12:37:16 PM
http://eagleman.com/eagleman-blog/147-brain-time

The days of thinking of time as a river—evenly flowing, always advancing—are over. Time perception, just like vision, is a construction of the brain and is shockingly easy to manipulate experimentally. We all know about optical illusions, in which things appear different from how they really are; less well known is the world of temporal illusions. When you begin to look for temporal illusions, they appear everywhere. In the movie theater, you perceive a series of static images as a smoothly flowing scene. Or perhaps you've noticed when glancing at a clock that the second hand sometimes appears to take longer than normal to move to its next position—as though the clock were momentarily frozen.
1168  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Zombie Theme Park in Detroit on: July 05, 2012, 11:57:37 AM
http://www.buzzfeed.com/shifty10322311/zombie-theme-park-planning-to-open-in-detroit-6dq6
1169  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Wall Street Journal Strongly Criticizes Romney Campaign on: July 05, 2012, 11:39:22 AM
http://thecaucus.blogs.nytimes.com/2012/07/05/wall-street-journal-strongly-criticizes-romney-campaign/?smid=tw-share

The Wall Street Journal opinion page on Thursday gave voice to conservative hand-wringing that Mitt Romney’s campaign against President Obama is not living up to expectations.

In a sharply-worded editorial posted online Wednesday evening, The Journal wrote that Mr. Romney’s Boston-based campaign staff is “slowly squandering an historic opportunity” to defeat an incumbent president weakened by a slumping economy.

“Mr. Obama is being hurt by an economic recovery that is weakening for the third time in three years,” the paper wrote. “But Mr. Romney hasn’t been able to take advantage, and if anything he is losing ground.”


Original WSJ editorial is here: http://online.wsj.com/article/SB10001424052702304141204577506652734793044.html?mod=WSJ_Opinion_LEADTop

Uh oh.
1170  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Didn’t send your kids to war? You ‘owe’ money to those who went, 3 fundraising c on: July 05, 2012, 07:15:54 AM
http://www.washingtonpost.com/politics/didnt-send-your-kids-to-war-you-owe-money-to-those-who-went-fundraising-sponsors-say/2012/07/04/gJQA9496MW_story.html

If you have military-age children who have not served in this decade’s wars, then you owe a debt — meaning money — to those who did. That’s the premise of a new fundraising effort by three wealthy American families who want to help U.S. veterans of the conflicts in Iraq and Afghanistan.

Every non-military family should give something, they said. The affluent should give large sums. No one should think of it as charity, but rather a moral obligation, an alternative way to serve, perhaps the price of being spared the anxiety that comes with having a loved one in a war zone.
1171  Politics, Religion, Science, Culture and Humanities / Politics & Religion / United States: 236 not out on: July 05, 2012, 07:13:11 AM
http://m.timesofindia.com/home/opinion/edit-page/United-States-236-not-out/articleshow/14653789.cms

Reports of America's demise, to paraphrase Mark Twain, are vastly exaggerated
 
Washington DC: As the United States of America celebrates its 236th birthday today, a recurring question ringing across this vast country, and indeed across the world, is whether the superpower has lost its mojo, an Afro-Caribbean word that originally meant charm or spell, but now encompasses creative genius, spark, or even hunger for success. In politico-economic talk shows and geostrategic gabfests, the inevitability of American decline is a persistent theme, to the extent that President Obama, accused by critics and opponents of easing America's descent into the commonplace, has had to contest the charge repeatedly and warn against writing off the country. He's not alone. Warren Buffett heard the talk of American decline three years back and cautioned: It's never paid to bet against America. We come through things, but it's not always a smooth ride.
 
Yet the nattering refuses to subside. It surfaced again last week in a television drama titled The Newsroom, in which the screenwriter Aaron Sorkin, author of many political productions (The American President, West Wing etc) has a character who rants against the commonly accepted belief, particularly among Americans, that the United States is the greatest country on earth. ''There is absolutely no evidence to support the statement that we're the greatest country in the world,'' writes Sorkin. ''We're 7th in literacy, 27th in maths, 22nd in science, 49th in life expectancy, 178th in infant mortality, third in median household income, number four in labour force and number four in exports.''
 
While some of the numbers are questionable (for infant mortality, for instance), Sorkin, for good measure, snarkily adds that the US leads the world in only three categories: Number of incarcerated citizens per capita, number of adults who believe angels are real,''and defence spending where the US spends more than the next 26 countries combined, 25 of whom are allies.'' He could have added plenty more: conspicuous consumption, debts, divorce rates, deaths by gun violence, drug use, obesity, lobbying, election expenses, to name a few. America's list of follies, faults and foibles is endless.
 
Such dissing of America is not new. Many of its finest stand-up comedians and social critics, George Carlin, Lewis Black, Bill Maher, and Jon Stewart among them, were there before Sorkin. In one of his many scalding takedowns of America, the great Carlin once caustically proposed that ''The reason they call it the American Dream is because you have to be asleep to believe it.'' He questioned everything that was sacred and cliched about America - land of the free, home of the brave, all men are equal, justice is blind, the press is free, your vote counts, the good guys win - calling it ''the b.s that holds the country together.''
 
Such unbridled freedom of expression is just one abstract that makes America the greatest country. Yes, many countries are free (as Sorkin's character argues, hissing that even Bel-gium is free). But no one other country could have or has produced the assembly line of critics of such corrosive wit and caustic wisdom who relentlessly question national narratives, manufactured or otherwise, at America's expense. For all its flag-waving patriotism, the spirit of inquiry and self-exami-nation is part of the American DNA, often expressed irreverently. Laughter, said Walt Disney, is America's greatest export. That includes the ability to laugh at itself. Even Mark Twain, the country's literary laureate, joked that ''it was wonderful to find America, but it would have been more wonderful to miss it.''
 
But America is not built on slogans or statistics or self-deprecation alone. Few countries, in fact, no country in the modern era, has exercised such profound influence on life in areas ranging from politics to economics to science and technology. Not always for the good, but then good, like greatness, is so relative. Are automobile and television good for humankind? Both first mass-produced in America, thank you. For all its resource-sucking rapacity, America reigns in our living rooms and at our work desk, at the cinemas and in the ballpark. The world feasts on its offerings. For all the bragging about their growing economies, India and China, crucibles of great civilisations, are but huge reservoirs of manpower, able only to mass produce, imitate, or service American innovation. Google, Facebook, iPad, all emerged from an America that is still fecund when it comes to ideas.
 
It is true that America is still home to discrimination, inequality, cynical use of power to corner resources etc, and the welfare states of Scandinavia are better run. Yet, the lines for emigration are still the longest in front of American missions and consulates across the world. Because however dodgily and unevenly, despite frequent bouts of self-doubt and recrimination, America still embraces plurality and ventures out on a constant search for the better ideal, as demonstrated in several recent watershed moments, from the election of a mixed-race president to the struggle to define universal health coverage as a human right. America's absorptive capacity and ability to assimilate (inconceivable in putative superpower, Han-domi-nated China) remains undimi-nished. So does its desire to remain engaged with the world despite its myriad challenges.
 
That is why it remains a big match player and is 236 and still batting today.

1172  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: July 04, 2012, 08:05:43 PM
That discussion/description on the methodology can be found using the Martin-Quinn scores, a link to which is included in the article, and is http://mqscores.wustl.edu/index.php. A further discussion can be found at http://scdb.wustl.edu/index.php. These are two of the most common databases used by quantative scholars who study the USSC, including political scientists, and an increasing number of lawyers and economists.
1173  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / The Supreme Court's Rightward Shift on: July 04, 2012, 06:02:26 PM
http://www.motherjones.com/politics/2012/06/supreme-court-roberts-obamacare-charts
1174  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Higgs boson made simple on: July 04, 2012, 08:56:18 AM
http://cosmiclog.msnbc.msn.com/_news/2012/07/03/12547980-the-higgs-boson-made-simple?lite

1175  DBMA Martial Arts Forum / Martial Arts Topics / Did politics drive prosecution in Trayvon Martin case? on: July 04, 2012, 06:04:38 AM
http://www.cnn.com/2012/06/19/opinion/nejame-angela-corey/index.html

I was unaware of this: "Many in the African-American community in Jacksonville are outraged over Corey's prosecution of an abused black woman who claimed she shot a gun into the air to ward off her abuser. She received a 20-year prison sentence."
1176  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 02, 2012, 05:18:54 PM
Being surprised that there was no reply, Guro, I went back and read my post. For reasons I am unsure of, two links I thought I had included were not present on my prior post. My apologies, as I think the lack of links makes the reply snarky, which was not intended.

"2+2=4 is not opinion, nor is it fact." Intended link: http://virgil.azwestern.edu/~dag/lol/TwoPlusTwo.html; bonus, as an apology http://www.youtube.com/watch?v=Lo4NCXOX0p8 (13x7=28)

"Other people are free to make of it what they will." This is also not fact. http://definitions.uslegal.com/b/belief-action-distinction/

Again, with apologies.
1177  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 01, 2012, 03:04:03 PM
I'm not getting "refusing to follow the curriculum" from this-- to me it reads that she refused to be, to use the old communist term, "re-educated":

I'm not persuaded by your math analogy.  2+2=4, that is not a matter of opinion.  The question presented here is.

My thought process is rather simple.  People are free to be gay.  Other people are free to make of it what they will.   

The university‘s program apparently stressed that students couldn’t discriminate against others based on any indicators, including sexual orientation. But Keeton, citing her religious views, refused to alter her engagement with gay students and clients (clearly, these views impacted her relations with these individuals).

And you don't understand that she violated the terms that the university set up. Before she got to the program. And that she is not the only person subject to this requirement. And that this is true no matter what religion she follows (or if she doesn't follow)?

2+2=4 is not opinion, nor is it fact.

"Other people are free to make of it what they will." This is also not fact.
1178  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 01, 2012, 10:28:41 AM
"Because she doesn't meet the professional standards of the profession"

OK, please educate me (no snarkiness intended):  To what is the "professional standard" applied?   Are you saying that professional standards don't apply to Christian schools? 

Also remaining is why she is excluded from acquiring the education? -- Wouldn't certification arguably be a separate question?

She isn't being excluded from her education. She is refusing to follow the curicculum. Every professional, graduate or undergraduate program has the right to have required classes (or perhaps a menu of classes). You can't get a law degree without a Constitutional Law class, even if your plan is to practice family law... or leave law for the high paying world of stick fighting. The program offered a remediation class. She originally said she would take it, and then refused to do so.

Let me ask you this: if there was a religion that did not believe that 2+2=4, that algebra and geometry were the tools of the devil, and that calculus was heretical because Isaac Newton, not God, invented it, would you be railing so hard that that a practitioner of that faith system was denied a math degree? Or might you suggest that the believer major in something else?
1179  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: July 01, 2012, 10:21:21 AM
Dr. David Kaplan, the chief professional officer for the ACA, said he's not surprised that Keeton's case is in the appeals court but that her actions are a direct violation of ACA standards.
"The ACA code of ethics is not about asking anybody to change their beliefs," Kaplan said. "Counselors clearly have the prerogative to have whatever religion they want. One of the points that gets lost in all of this stuff, from the Keeton side, is our clients are more important than we are ... We are there for them. They are not there for us."

http://chronicle.augusta.com/news/education/2011-06-24/keeton-has-appealed-judges-ruling
1180  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: June 30, 2012, 08:35:44 PM
That is NOT what I said.

If the Christian school would like to make a hire that does not meet the professional standard, then her case she could be hired.

There ARE Christian counseling degrees. She wasn't enrolled in one. http://www.allpsychologycareers.com/counseling-degree/christian-counseling-degrees.html
1181  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: June 30, 2012, 07:23:16 PM
Because she doesn't meet the professional standards of the profession. You can't be a practicing attorney without passing a bar exam. You have to have take be certified to be an accountant or a nurse, or a .... It is the professional standard. She did NOT meet the standard.

Also, each college or university makes its own rules about what classes must be taken and passed to earn a degree. You know how much being a 1L sucks. You had to take those classes.
1182  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: June 30, 2012, 06:07:05 PM
I suspect that most gays will not be choosing her.

How many counselors do you think a school has, especially in these trying economic times? And, how much choice do you think a student in school has about choosing a counselor?
1183  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: June 30, 2012, 12:51:39 PM
But here she was studying to become a counselor and she hewed to her views while counseling.

And the ACA has particular national standards that a counselor is required to meet. And, she wanted to be a school counselor. Do you think that her unwillingness to counsel homosexuals, etc. might have inhibited her abilities to meet the students' needs?
1184  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Race, religion, ethnic origin, LGBT, & "discrimination" on: June 30, 2012, 07:08:51 AM
OK, but when I went to a state school I saw many discussions in class that were fruitful and often based, by one or more party, on their view of the Bible. Not one of them got expelled.

There was one expulsion though; a neo Nazi who later when on a two state killing spree.
1185  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Christian student expelled over gay views on: June 29, 2012, 07:50:59 PM

I don't think the title is accurate. Shewas expelled not for her views, but for the expression of these views. We don't what she said, or how we said it (according to the article). There as long been the view that not all speech is protected. Libel, slander, "fighting words," "hate" speech all fall into that category. Not only can you not falsely yell fire in a crowded theater, you also can't incite a riot. Without knowing what she said, we can't really know if the action of the university is cause for alarm.
1186  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Levin makes another excellent point regarding the Obamacare decision. on: June 29, 2012, 07:45:06 PM
OBAMACARE, THE COMMERCE CLAUSE, AND SUPREME COURT DECISION

by Mark Levin on Friday, June 29, 2012 at 11:15am

This may seem a little technical, but it is necessary.  So follow along with me.  A number of politicians and commentators are claiming that the Supreme Court in the Obamacare case "limited" the reach of the commerce clause, i.e., five justices held that individuals cannot be mandated to buy insurance under the commerce clause.  Actually, the five justices did not limit anything.  They simply did not accept the Obama administration's ridiculous argument that inactivity is commerce.  The status quo stands.  However, the bigger point is this.

I completely agree. However, it is also the case that by ruling in this fashion, the USSC continued a status quo that itself limited the reach of the Commerce Clause, at least as compared to prior precedent coming in the New Deal, Warren and Burger Courts. The Rehnquist Court moved to retract the limits of the CC. See http://articles.latimes.com/1995-04-27/news/mn-59611_1_supreme-court for an example.
 
When a court issues an opinion, it is said to be the "Opinion of the Court."  The Opinion of the Court is the controlling precedent.  Chief Justice Roberts wrote the Opinion of the Court for Parts I (background on the Obamacare law), II (the Anti-Injunction Act is not a bar to the lawsuit proceeding and being decided) and III-C (Obamacare is valid under the tax power).

Mostly true. The Opinion of the Court is as controlling as the author and subsequent users want it to be. Sometimes, the Court takes great pains to limit the precedential value of the opinion. See Bush v. Gore. And, there is the idea that only the central holdings are precedent, not the extra portions of the opinion, which are called dicta. What consitutes dicta is often decided by the future court, not the author of a particular opinion.
 
But respecting Parts III- A, the commerce clause and necessary and proper section,  Roberts is writing for himself, not for a majority.

Yep.
 
Furthermore, the Dissent is labeled as: “Justice Scalia, Justice Kennedy, Justice Thomas, and Justice Alito, dissenting.” It is Not labeled as “dissenting in the judgment, concurring in part” or some permutation.

Yep.
 
You can’t say it was the “opinion of the court” that the mandate violated the commerce clause. You have to cobble together sections where Roberts is writing for himself and the dissent (which isn’t formally joined Robert’s writing), is writing for itself.
Justice Thomas, in his separate dissenting opinion, wrote:
 “The joint dissent and THE CHIEF JUSTICE cor­rectly apply our precedents to conclude that the Individual Mandate is beyond the power granted to Congress under the Commerce Clause and the Necessary and Proper Clause.”
 
Notably, this does not explicitly state that the dissenters joined with the Chief’s opinion respecting the commerce clause (or necessary and proper clause).
If five justices had intended for their view of the commerce clause (and necessary and proper clause) to be controlling as the majority view, they would have said so by joining or concurring in each others' parts.  They didn't.  So, while we can cobble them together, as a formal legal matter, it is a troubling issue.  While the status quo stands re the commerce clause (and necessary and proper clause), there was no formal majority on those issues.
 
A point worth noting. A better way to word the position might be that it is the "opinion of a majority of the court" (note: wording matters; NOT "majority opinion of the court" which connotes what Levin is pointing out is a fallacy).
1187  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Issa puts wire tap secrets in congressional record on: June 29, 2012, 05:27:42 PM
http://www.rollcall.com/news/darrell_issa_puts_details_of_secret_wiretap_applications_in_congressional-215828-1.html

In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.
 
The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.
 
The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.
 
According to the letter, the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used.

continued on web site.
1188  DBMA Martial Arts Forum / Martial Arts Topics / Jesse Glover on: June 29, 2012, 02:51:21 PM
http://blogs.seattletimes.com/today/2012/06/jesse-glover-bruce-lees-first-student-dies-at-77/

Jesse Glover, the first student of martial arts legend Bruce Lee, died on Wednesday at age 77 after a battle with cancer, according to close friend and past student Steve Smith.

Glover, a lifelong Seattlite, used what he learned from Lee and his days as a judo champion to become a prominent leader in the martial arts community himself. While developing a method called non-classical Gung Fu, he worked as a private martial arts trainer in Seattle and eventually taught across the nation and as far as Germany, according to Glover’s training website.

Lee and Glover met in 1959 while attending Edison Technical School, now Seattle Central Community College. Glover had already seen Lee demonstrate Gung Fu on stage when he ran into him on campus and asked to be his first student. They became good friends and trained together for four years.
1189  Politics, Religion, Science, Culture and Humanities / Politics & Religion / America's Last Prisoner of War on: June 29, 2012, 02:44:47 PM
http://www.rollingstone.com/politics/news/americas-last-prisoner-of-war-20120607

Here because I don't have a better place for it:


The mother and father sit at the kitchen table in their Idaho farmhouse, watching their son on YouTube plead for his life. The Taliban captured 26-year-old Bowe Bergdahl almost three years ago, on June 30th, 2009, and since that day, his parents, Jani and Bob, have had no contact with him. Like the rest of the world, their lone glimpses of Bowe – the only American prisoner of war left in either Iraq or Afghanistan – have come through a series of propaganda videos, filmed while he's been in captivity.

In the video they're watching now, Bowe doesn't look good. He's emaciated, maybe 30 pounds underweight, his face sunken, his eye sockets like caves. He's wearing a scraggly beard and he's talking funny, with some kind of foreign accent. Jani presses her left hand across her forehead, as if shielding herself from the images onscreen, her eyes filling with tears. Bob, unable to look away, hits play on the MacBook Pro for perhaps the 30th time. Over and over again, he watches as his only son, dressed in a ragged uniform, begs for someone to rescue him.

"Release me, please!" Bowe screams at the camera. "I'm begging you – bring me home!"

1190  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Darrell Issa Puts Details of Secret Wiretap Applications in Congressional Record on: June 29, 2012, 02:42:00 PM
I am trying to keep thread integrity, and I hope this is the place. It might also belong in the Constitutional Issues thread and/or Gun Rights?

http://www.rollcall.com/news/darrell_issa_puts_details_of_secret_wiretap_applications_in_congressional-215828-1.html

In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.
 
The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.
 
The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.
 
According to the letter, the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used.

continued on web site.
1191  DBMA Martial Arts Forum / Martial Arts Topics / good samaritan gets sucker punched twice on: June 29, 2012, 02:21:42 PM
http://www.cagepotato.com/street-fight-of-the-day-woman-beating-a-hole-gets-tapped-out-twice-by-good-samaritan/



We’re going to come right out and say it: By no means should you watch this entire video. We know that your time is precious, Potato Nation, as you are all, like us, the head honchos of your respective trades. But on the off chance that any of you have had a shit day and are in need of a pick-me-up, maybe, just maybe, you’ll get some enjoyment out of seeing a little street justice. This video, shot by one of the many onlookers, captures Devin Crime (or as the crowd referred to him “white boy”), a BJJ purple belt and Judo brown belt, coming to the aid of a woman who was apparently being struck by the Floyd Mayweather fan doing battle with Devin in said video. And by doing battle, we mean being choked until he taps like a little bitch on two separate occasions.
 
The video begins after this first takedown has already been landed, and even though Devin displays some Zen-like tranquility when dealing with the a-hole in question, he gets sucker punched for his troubles (:48). Devin responds with a hailstorm of GnP that would make Tito Ortiz turn green with envy, bloodying up his foe before possibly kissing him on the cheek (?) at the 1:13 mark. After some lay and pray, he patiently locks in the fight-ending choke with just over two minutes remaining in the first round.
1192  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / House: Holder in Contempt on: June 28, 2012, 05:32:09 PM
http://thehill.com/blogs/floor-action/house/235475-house-votes-holder-in-contempt-of-congress
1193  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / decision in a nutshell and reax on: June 28, 2012, 11:44:37 AM
http://www.cnn.com/interactive/2012/06/us/scotus.healthcare/?hpt=hp_t1
1194  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: June 28, 2012, 11:40:59 AM
In case you are interested, here is the decision. Only 193 pages: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf.

The syllabus, pages 1-6, has the "Cliffs Notes" version of the holding.

1195  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Louis CK on: June 27, 2012, 01:17:53 PM
This is fan-damn-tastic:

1196  Politics, Religion, Science, Culture and Humanities / Politics & Religion / much more on Fast and Furious on: June 27, 2012, 12:25:08 PM












much more on Fast and Furious

« Reply #784 on: Today at 08:07:26 AM »




--------------------------------------------------------------------------------

http://features.blogs.fortune.cnn.com/2012/06/27/fast-and-furious-truth/?hpt=hp_t2

In the annals of impossible assignments, Dave Voth's ranked high. In 2009 the federal Bureau of Alcohol, Tobacco, Firearms and Explosives promoted Voth to lead Phoenix Group VII, one of seven new ATF groups along the Southwest border tasked with stopping guns from being trafficked into Mexico's vicious drug war.
 
Some call it the "parade of ants"; others the "river of iron." The Mexican government has estimated that 2,000 weapons are smuggled daily from the U.S. into Mexico. The ATF is hobbled in its effort to stop this flow. No federal statute outlaws firearms trafficking, so agents must build cases using a patchwork of often toothless laws. For six years, due to Beltway politics, the bureau has gone without permanent leadership, neutered in its fight for funding and authority. The National Rifle Association has so successfully opposed a comprehensive electronic database of gun sales that the ATF's congressional appropriation explicitly prohibits establishing one.


http://nationaljournal.com/congress-legacy/first-democratic-lawmaker-says-holder-should-be-held-in-contempt-20120627

The first Democratic member of Congress has said that he will vote to hold Attorney General Eric Holder in contempt for withholding documents related to the “Fast and Furious” investigation that has plagued the Justice Department, the Salt Lake Tribune reports.
 
Rep. Jim Matheson, D-Utah, joined House Republicans on Tuesday with his announcement. Most Democratic members are expected to support Holder.

http://thecaucus.blogs.nytimes.com/2012/06/26/hoyer-challenges-issa-to-show-e-mails/?smid=fb-share

With the House just days away from a vote on holding Attorney General Eric H. Holder Jr. in contempt, Representative Darrell Issa, Republican of California, appeared on national television on Sunday to say he had e-mails showing that the architects of a federal gun-smuggling investigation intended to use the operation to build a case for reinstating the lapsed ban on assault-weapons sales.
 
“We have e-mail from people involved in this that are talking about using what they’re finding here to support the — basically assault weapons ban or greater reporting,” Mr. Issa, the chairman of the House Oversight and Government Reform Committee, said on ABC’s “This Week.”
 
On Tuesday, Representative Steny H. Hoyer, Democrat of Maryland and the House minority whip, challenged Mr. Issa to prove it.

 
1197  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: June 27, 2012, 12:22:36 PM
BD:

We're looking here at a somewhat tricky question of thread coherency.  Lets use this thread for the Executive Privilege claim, and the rest of it goes in the Gun Rights thread.  Yes?



Yes, sir. Sorry. While I attempt thread coherency, sometimes the issues are very complex. I'll delete and shift.
1198  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / much more on Fast and Furious on: June 27, 2012, 10:07:26 AM
http://features.blogs.fortune.cnn.com/2012/06/27/fast-and-furious-truth/?hpt=hp_t2

In the annals of impossible assignments, Dave Voth's ranked high. In 2009 the federal Bureau of Alcohol, Tobacco, Firearms and Explosives promoted Voth to lead Phoenix Group VII, one of seven new ATF groups along the Southwest border tasked with stopping guns from being trafficked into Mexico's vicious drug war.
 
Some call it the "parade of ants"; others the "river of iron." The Mexican government has estimated that 2,000 weapons are smuggled daily from the U.S. into Mexico. The ATF is hobbled in its effort to stop this flow. No federal statute outlaws firearms trafficking, so agents must build cases using a patchwork of often toothless laws. For six years, due to Beltway politics, the bureau has gone without permanent leadership, neutered in its fight for funding and authority. The National Rifle Association has so successfully opposed a comprehensive electronic database of gun sales that the ATF's congressional appropriation explicitly prohibits establishing one.


http://nationaljournal.com/congress-legacy/first-democratic-lawmaker-says-holder-should-be-held-in-contempt-20120627

The first Democratic member of Congress has said that he will vote to hold Attorney General Eric Holder in contempt for withholding documents related to the “Fast and Furious” investigation that has plagued the Justice Department, the Salt Lake Tribune reports.
 
Rep. Jim Matheson, D-Utah, joined House Republicans on Tuesday with his announcement. Most Democratic members are expected to support Holder.

http://thecaucus.blogs.nytimes.com/2012/06/26/hoyer-challenges-issa-to-show-e-mails/?smid=fb-share

With the House just days away from a vote on holding Attorney General Eric H. Holder Jr. in contempt, Representative Darrell Issa, Republican of California, appeared on national television on Sunday to say he had e-mails showing that the architects of a federal gun-smuggling investigation intended to use the operation to build a case for reinstating the lapsed ban on assault-weapons sales.
 
“We have e-mail from people involved in this that are talking about using what they’re finding here to support the — basically assault weapons ban or greater reporting,” Mr. Issa, the chairman of the House Oversight and Government Reform Committee, said on ABC’s “This Week.”
 
On Tuesday, Representative Steny H. Hoyer, Democrat of Maryland and the House minority whip, challenged Mr. Issa to prove it.
1199  Politics, Religion, Science, Culture and Humanities / Politics & Religion / For Romney Superfan, a New Truck Courtesy of the Candidate on: June 27, 2012, 09:14:03 AM
http://thecaucus.blogs.nytimes.com/2012/06/27/for-romney-superfan-a-new-truck-courtesy-of-the-candidate/?smid=fb-share

Mighty nice of the Romney campaign.
1200  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Or a dead heat? on: June 27, 2012, 09:12:22 AM
http://thecaucus.blogs.nytimes.com/2012/06/26/latest-poll-shows-dead-heat/?smid=fb-share
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