In what I’m guessing is supposed to be a shot at me, LA DDA Patrick Frey — in a post ostensibly on Alaska Tea Party candidate Joe Miller’s decision to bring suit demanding that write in votes for Lisa Murkowski spell her name correctly — adds the following to his analysis: INTENTIONALISM POSTSCRIPT: Note that, under an “intentionalist” argument, when a voter intends to cast a vote for Lisa Murkowski,
legal
November 10, 2010
On intent and vote counting (Or, Patterico yet again misunderstands intentionalism)
October 29, 2008
Mr Bojangles, dance
I wrote about it yesterday, but it certainly bears repeating: you conservaghouls need to find yourself a new token brother, one with a little bit of sizzle. Fo’shizzle, even. Because let’s face it: trotting out “articulate” types like Uncle Tom Sowell won’t win you many fans from the Spike Lee set, who are convinced an Obama presidency is “predeortained.” Which, you know — fuck your bourgeois insistence on intelligibility in
June 29, 2007
Schools, race, "diversity," and "compelling interest," revisited
I’ve had an interesting exchange with Karl and (yes) Shine in the comment thread to yesterday’s post on the 5-4 SCOTUS ruling that would, on the surface at least, restrict the use of “race” (as a substantive deliminator) in K-12 school settings — an exchange I wish to highlight, because I think it touches on many of the issues that arise from Justice Kennedy’s (to my mind, at least) troubling
June 29, 2007
The ACLU makes a right (or, maybe, "correct") turn
From Jacob Sullum, “Driving While Armed,” Aug/Sept Reason (print edition): Since “the constitutional right to bear arms is primarily a collective one,” the American Civil Liberties Union has said, the extent to which the government should restrict gun ownership “is a question left open by the Constitution.” In a longstanding break with this position, the ACLU of Texas is defending the rights of motorists to carry guns in their cars.
June 28, 2007
Grutter Politics?
Over at SCOTUSblog, Tom Goldstein has a balanced take on today’s Supreme Court combined decision in Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education (Judge Roberts writes for the 5-4 majority). From what I can glean from the excerpts I’ve read of Justice Kennedy’s concurrence, his opinion — representing the controlling vote (on Parts III-B and IV (?); Mark’s Rule is
June 18, 2007
a post that mimics an actual blog post, even as it's meant (meta-secretly) to test certain Word Press functions
From the AP: District Attorney Mike Nifong was disbarred Saturday for his “selfish” rape prosecution of three Duke University lacrosse players – a politically motivated act, his judges said, that he inexplicably allowed to fester for months after it was clear the defendants were innocent. “This matter has been a fiasco. There’s no doubt about it,” said F. Lane Williamson, the chairman of the three-member disciplinary committee that stripped the