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Provocateurism 13: Originalism vs. Textualism, cont.

In response to my recent post on legal interpretation and intentionalism, Patterico raises a series of questions that speak to what I think are a number of common misunderstandings about language as it exists on the structural level. He writes: As I understand Goldstein’s latest post, he argues that textualist judges are, in most cases, reaching the same result as intentionalists would. The reason, he explains, is that lawmakers tend

Intellectualism…er, south

Here: These ubiquitous yet invisible technologies provide women with the means to hide their periods, but the history of embedded politics in menstrual technologies reveals that they can be used both as artefacts of control and empowering tools of change. Yes, you read that correctly. But don’t blame me. I’m just the (still rather bemused) messenger.

Arizona border security redux: an opposing conservative view (that doesn’t invoke Nazi comparisons!)

From Linda Chavez, “Arizona Mythbusting”: Arizona has just passed the toughest anti-illegal immigrant law in the country — but you have to wonder: Why now? Illegal immigration is down nationally from its high in 2000, with border apprehensions lower than they’ve been in 35 years. There are fewer illegal immigrants in the U.S. today than there were just two years ago, from 2008 to 2009, 1.2 million illegal immigrants left.

Arizona border security redux: an opposing conservative view (that doesn't invoke Nazi comparisons!)

From Linda Chavez, “Arizona Mythbusting”: Arizona has just passed the toughest anti-illegal immigrant law in the country — but you have to wonder: Why now? Illegal immigration is down nationally from its high in 2000, with border apprehensions lower than they’ve been in 35 years. There are fewer illegal immigrants in the U.S. today than there were just two years ago, from 2008 to 2009, 1.2 million illegal immigrants left.

Grecian formula, follow-up

A glimpse into our own future…? Greece has agreed with the International Monetary Fund and the European Union to take additional austerity measures expected to yield “around €23 billion” ($30 billion) as a precondition for financial assistance, a Greek official familiar with the talks on aid said. “We have basically agreed, and as it stands now announcements will come during the weekend,” said the official, adding that the final details

Hiya, big guy! We were just wondering, this being Friday and all, if maybe —

— Sorry, not this weekend, guys. Seems when somebody heard about the new Arizona border security law he saw a niche market opening for a “coyote pimp hand” and off he went, forty bucks, snakeskin boots, and a jar of Spanish fly tucked in an old bedroll. I still don’t know what a coyote pimp hand is exactly — the little fellow was in such a hurry to bum a

In Dodd we trust?

Robert Romano, Americans for Limited Government: […] Senate Republicans would also do well to remember, and never forget, that the tea parties were born because of the bailouts and government takeovers in the first place. That the GOP’s political misfortunes of 2008 can largely be attributed to their embracing the Wall Street bailout-takeover regime that Senate Democrats now seek to institutionalize permanently. Public outrage over the bailouts and takeovers, and

What’s gotten in to Arizona?

I mean, who does it think it is, Texas? From FOXNews, “Arizona Legislature Passes Bill to Curb ‘Chauvanism’ in Ethnic Studies Programs”: After making national headlines for a new law on illegal immigrants, the Arizona Legislature passed a bill Thursday that would ban ethnic studies programs in the state that critics say currently advocate separatism and racial preferences. The bill, which passed 32-26 in the state House, had been approved

“Dems spark alarm with call for national ID card”

From the Hill: A plan by Senate Democratic leaders to reform the nation’s immigration laws ran into strong opposition from civil liberties defenders before lawmakers even unveiled it Thursday. Democratic leaders have proposed requiring every worker in the nation to carry a national identification card with biometric information, such as a fingerprint, within the next six years, according to a draft of the measure. […] The national ID program would

Provocateurism 12

From Liberty and Tyranny, Mark Levin on legal interpration: […] When parties enter into voluntary arrangements, such as contracts, they use words to describe the terms and conditions by which they are obligated to perform and on which they are expected to rely. Contracts are interpreted, and the intentions of the parties discerned, in the context of their original making The conservative is an originalist, for he believes that much