Archive for June, 2010
03 Jun 2010


As Dean of Harvard Law School, Elena Kagan not only moved Harvard away from teaching the case method (invented at Harvard circa 1870), she eliminated Constitutional Law from the list of required courses.
As CNS reports, American Constitutional Law was demoted in favor of more international perspectives.
[I]n a 2006 Harvard news release explaining the changes, Kagan explained the move away from constitutional law was deliberate: “From the beginning of law school, students should learn to locate what they are learning about public and private law in the United States within the context of a larger universe — global networks of economic regulation and private ordering, public systems created through multilateral relations among states, and different and widely varying legal cultures and systems.
“Accordingly, the Law School will develop three foundation courses, each of which represents a door into the global sphere that students will use as context for U.S. law,†the guide said.
Among the three new required courses Kagan introduced, one focuses on public international law, involving treaties and international agreements, and the second is on international economic law and complex multinational financial transactions, according to a Harvard news release.
But the third course, on comparative law, “will introduce students to one or more legal systems outside our own, to the borrowing and transmission of legal ideas across borders and to a variety of approaches to substantive and procedural law that are rooted in distinct cultures and traditions,†the release said.
What could be a more eloquent demonstration of the precise level of deference to the US Constitution Ms. Kagan would bring to the Supreme Court?
02 Jun 2010

Mytheos Holt went there, and he says that Andrew Breitbart is wrong. Freshman orientation in political correctness at Wesleyan was far worse than Breitbart realized.
For instance, students had to mandatorily attend issues workshops run by activist groups, such as BiLeGaTA (standing for “Bisexual, Lesbian, Gay, Transgender Asexualâ€) which proceeded to explain that:
1. Gender is a social construct.
2. There are at least five genders* (what the other three are is not explained), not two, and that’s a conservative estimate.
3. The proper pronoun to use to describe transgendered people is not “he†or “she†but rather “ze.†The possessive form of this word is “hir.†The word to use in formal address (as in “Sir†or “Madameâ€) is “Ziram.â€
And…
4. Anyone who disagrees with any of this, or even questions it, is automatically “heteronormative†or worse, “heterosexist.â€
*Curiously enough, BiLeGaTA roughly agrees with the inhabitants of mid- last century Alexandria:
[T]here are more than five sexes and only demotic Greek seems to distinguish among them. The sexual provender that lies to hand is staggering in its variety and its profusion. You would never mistake it for a happy place.
—Lawrence Durrell on Alexandria in Justine (1957).
Unfortunately, Durrell, too, neglected to explain which exactly all those other sexes/genders were.
02 Jun 2010

As the London Times reports, a scientific offensive against the Anthropogenic Global Warming popular delusion is actively underway in Britain.
Britain’s premier scientific institution is being forced to review its statements on climate change after a rebellion by members who question mankind’s contribution to rising temperatures.
The Royal Society has appointed a panel to rewrite the 350-year-old institution’s official position on global warming. It will publish a new “guide to the science of climate change†this summer. The society has been accused by 43 of its Fellows of refusing to accept dissenting views on climate change and exaggerating the degree of certainty that man-made emissions are the main cause.
The society appears to have conceded that it needs to correct previous statements. It said: “Any public perception that science is somehow fully settled is wholly incorrect — there is always room for new observations, theories, measurements.†This contradicts a comment by the society’s previous president, Lord May, who was once quoted as saying: “The debate on climate change is over.â€
The admission that the society needs to conduct the review is a blow to attempts by the UN to reach a global deal on cutting emissions. The Royal Society is viewed as one of the leading authorities on the topic and it nominated the panel that investigated and endorsed the climate science of the University of East Anglia.
02 Jun 2010

Hat tip to Karen l. Myers.
01 Jun 2010

Times are hard and crime is down. How can that be? Liberals have always understood that crime is produced by economic hardship and deprivation. More government assistance, more redistribution, liberals have consistently argued, are essential. Otherwise, the victims of structural injustice will probably revolt. Yet the most dramatic economic downturn since the Great Depression, though producing plenty of hardship, unemployment, and misery, has failed to produce the crime wave liberal social theory inevitably ought to expect.
Richard Cohen, at the Washington Post, reflects on the situation.
For liberals, this is bad news. …
From 2008 to 2009, violent crime was down 5.5 percent overall and almost 7 percent in big cities. Some of those cities are as linked with crime as gin is with tonic or as John McCain is with political opportunism. In Detroit, for instance, with the auto industry shedding workers, violent crime was down 2.4 percent. In Washington, D.C., murder was down 23.1 percent, rape 19.4 percent and property crime 6 percent. …
[I]t now seems fairly clear that something akin to culture and not economics is the root cause of crime. By and large everyday people do not go into a life of crime because they have been laid off or their home is worth less than their mortgage. They do something else, but whatever it is, it does not generally entail packing heat. Once this becomes an accepted truth, criminals will lose what status they still retain as victims.
01 Jun 2010


On Sunday morning, elite Israel commandos armed with paintball guns, and carrying pistols they were forbidden to use, roped down to the deck of a Turkish NGO ship, the largest vessel in a six ship flotilla attempting to break the Israeli blockade of Gaza. The soldiers were attacked and beaten by the activists using metal clubs and knives.
So much for restraint.
Israeli naval vessels surrounded the Mavi Marmara and fighting broke out between soldiers and activists. 7 Israeli soldiers were wounded and 19 activists were killed.
New York Times
The NGO organizer of the “Freedom Flotilla,” İnsani Yardım Vakfı, aka IHH Humanitarian Relief Foundation (The Foundation for Human Rights and Freedom and Humanitarian Relief) is a Turkish Islamic charity founded in 1992 to supply aid to the Muslim Bosnians and is part of a group of Saudi-funded Islamic charities with a record of providing support for Hamas and al Qaeda.
Israeli Defense Force 1:01 video showing non-violent activists beating Israeli soldiers.
Al Jazeera 1:28 propaganda video reporting from “on board the ship which holds 600 activists, parliamentarians, women, children, and the elderly, all of whom are civilians.”
Andrew Sullivan provides the perfect example of the predictable leftwing Western response:
The violence by the activists is pretty abhorrent. These are not followers of Gandhi or MLK Jr. But the violence is not fatal to anyone and it is in response to a dawn commando raid by armed soldiers. They are engaging in self-defense. More to the point: they are civilians confronting one of the best militaries in the world. They killed no soldiers; their weapons were improvised; the death toll in the fight is now deemed to be up to 19 – all civilians.
It staggers me to read defenses of what the Israelis have done. They attacked a civilian flotilla in international waters breaking no law. When they met fierce if asymmetric resistance, they opened fire. And we are now being asked to regard the Israelis as the victims.
Seriously.
This is like a mini-Gaza all over again. The Israelis don’t seem to grasp that Western militaries don’t get to murder large numbers of civilians because they don’t like them, or because they could, on a far tinier scale, hurt Israelis. And you sure don’t have a right to kill them because they resist having their ship commandeered, in international waters. The Israelis seem to be making decisions as if they can get away with anything. It’s time the US reminded them in ways they cannot mistake that they cannot.
Startfor’s George Friedman observes that the Turkish IHH has effectively copied the Zionist “Exodus” scenario for a major PR victory at Israel’s expense.
It is difficult to imagine circumstances under which public opinion will see Israel as the victim. The general response in the Western public is likely to be that the Israelis probably should have allowed the ships to go to Gaza and offload rather than to precipitate bloodshed. Israel’s enemies will fan these flames by arguing that the Israelis prefer bloodshed to reasonable accommodation. And as Western public opinion shifts against Israel, Western political leaders will track with this shift.
The incident also wrecks Israeli relations with Turkey, historically an Israeli ally in the Muslim world with longstanding military cooperation with Israel. The Turkish government undoubtedly has wanted to move away from this relationship, but it faced resistance within the Turkish military and among secularists. The new Israeli action makes a break with Israel easy, and indeed almost necessary for Ankara.
With roughly the population of Houston, Texas, Israel is just not large enough to withstand extended isolation, meaning this event has profound geopolitical implications.
Public opinion matters where issues are not of fundamental interest to a nation. Israel is not a fundamental interest to other nations. The ability to generate public antipathy to Israel can therefore reshape Israeli relations with countries critical to Israel. For example, a redefinition of U.S.-Israeli relations will have much less effect on the United States than on Israel. The Obama administration, already irritated by the Israelis, might now see a shift in U.S. public opinion that will open the way to a new U.S.-Israeli relationship disadvantageous to Israel.
The Israelis will argue that this is all unfair, as they were provoked. Like the British, they seem to think that the issue is whose logic is correct. But the issue actually is, whose logic will be heard? As with a tank battle or an airstrike, this sort of warfare has nothing to do with fairness. It has to do with controlling public perception and using that public perception to shape foreign policy around the world. In this case, the issue will be whether the deaths were necessary. The Israeli argument of provocation will have limited traction.
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