July 2, 2015

ONCE AGAIN, REPUBLICANS PREEMPTIVELY SURRENDERED TO A MEDIA BULLDOZING OPERATION: Confederate Flag Flop: Public Opinion Remains Unchanged From Where It Was 15 Years Ago.

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His message touts his military experience as a company commander in Vietnam and as an assistant secretary of defense and secretary of the Navy.

He also directly takes on Clinton’s record by arguing he would not have voted for the Iraq War if he had been a senator at the time and would not have used military force in Libya during the Arab Spring.

Clinton voted to authorize that war, a decision she’s since said was a mistake, and she played in integral role in the Obama administration’s support of Libyan rebels to oust Muammar Gaddafi.

Yeah, that hasn’t gone very well.

TEACH WOMEN NOT TO RAPE! (CONT’D): Ex-Bishop Foley teacher sentenced for sex with student. “A former high school Spanish teacher was sentenced to at least six years in prison Thursday morning in Macomb County District Court for her sexual relationship with a student. Kathryn Kronk’s sentence will run concurrent with an identical 6- to 15-year sentence she received in March from an Oakland County judge for having sex with the 15-year-old student. Kronk, 30, a former Bishop Foley High School teacher, appeared in both Oakland and Macomb county courts because her sexual relationship with the student was in his home in Macomb Township and in Sterling Heights. She also engaged in sexual acts with the teenager in classrooms at Bishop Foley High School in Madison Heights.”

CAVEAT: THESE ARE THE SAME PEOPLE WHO SAY YOU SHOULD PUT PEAS IN YOUR GUACAMOLE. For a Better Steak, Cook Directly on Charcoal. On the other hand, if it was good enough for Ike, . . .

OBAMA VISITS WISCONSIN, SMEARS WALKER: President Obama is visiting the Badger State today, greeted at the airport by Gov. Scott Walker. Despite Walker’s hospitality, it didn’t take long for the Campaigner-in-Chief to take the lame duck presidential gloves off and attack Walker and the GOP policies he’s implemented:

He said neighboring Minnesota had raised the minimum wage, implemented all-day kindergarten and made it easier to go to college while raising taxes on the top two percent. Obama said the results are that Minnesota has a lower unemployment rate and $9,000 higher median income than its neighbor.

Obama said all of the Republicans running — he joked that he’s lost track of how many and suggested they could start their own Hunger Games (video) — all have the same governing agenda of giving breaks to the rich while everyone else is on their own. That’s the same policies, Obama said, that led to the 2008 financial crisis.

He even joked that the Republicans were like having a crazy Uncle Harry — somebody you love but “you don’t want to put in charge.”

And he said that the fight is also about values.

“Being an American is not about taking as much as you can from your neighbor before they take as much as they can from you,” he said. “We are not a bunch of individuals out here on our own. We are a community, we are family. We are all in this together.”

Ah yes, it’s always heartwarming to hear the Dear Leader President speak of communist communitarian values that are so deeply antithetical to the individualist values upon which this country is based. And of course it’s much better, for a republic such as ours, to have only one candidate for President rather than a choice. Who wants a choice anyway–that’s so Hunger Games and individualistic, to have a bunch of competitors vying for the nomination.  As for a “crazy Uncle Harry,” let’s just say that “crazy Uncle Joe,” even crazier “Uncle Bernie,” and the pathological liar-cat lady “Aunt Hillary” aren’t individuals I would want to have the metaphorical keys to the nuclear arsenal, either.

RELATED: Scott Walker’s retort: Welcome to Wisconsin, Mr. President.

HE DESERVED A LONG LIFE: Nicholas Winton, rescuer of children during the Holocaust, dies at 106. “He was credited with saving, through his personal initiative, the lives of at least 669 boys and girls. For decades after the war, he kept his work secret.”

Plus, a reminder of FDR’s anti-semitism: “If America had only agreed to take them, too, I could have saved at least 2,000 more.”

PROBLEMS ON the EU’s southern flank.

NATIONAL JOURNAL: Breitbart’s Mike Flynn Tries to Jump From Pundit to Politician in Illinois.

You can donate here if you’re so inclined. He’s a good guy.


Just as individual Greeks are losing access to Apple’s iCloud, as the Athens staff of Bloomberg News recently discovered, so companies are finding themselves cut off from services critical to their ongoing operations.

The problem demonstrates a hidden risk in today’s otherwise efficient vertical disintegration. Taking for granted the easy flow of money across borders, system designers never foresaw a situation in which companies with adequate funds would find that they couldn’t pay foreign vendors.

“Greek companies are not able at this moment to pay for hosting (Amazon), storage (Dropbox), email services (MailChimp) and many other services,” says Jon Vlachogiannis, a Bay Area entrepreneur, in an email. Without these services, otherwise viable businesses are in trouble.

Vlachogiannis and other expats are stepping up to pay the bills from California, rescuing companies with astonishingly small amounts.

IT TAKES HARD MEN TO BRING SOFT ICE CREAM TO THE CALIPHATE: Just In Time For Summer, Step Inside The Isis Ice Cream Shop:

Like a stranger luring a kid into a car with a candy bar, ISIS has previously touted its sweet treats in its recruitment efforts. “If you were worried about leaving behind your local Costa Coffee then you will be happy to know that the Caliphate serves some of the best lattes and cappuccinos around,” British ISIS member Abu Rumaysah al-Britani wrote in May’s A Brief Guide to the Islamic State. For the jihadi sweet tooth, he noted, ISIS ice cream is “fluffy, velvety and sweet” and “Snickers, Kit Kat, Bounty, Twix, Kinder Surprise, Cadburys — yes, yes we have it all.” Yesterday, ISIS released photos of ice cream and smoothies being served in Iraq’s Kirkuk province.

Huh. I thought ISIS didn’t like decadent Western consumer entertainment products. So to review, synthesizers and drum kits no, Snickers, Kit Kat, Bounty, Twix, Kinder Surprise, Cadburys, yes! Ooooohkaaaaay.

RELATED: Don’t miss the photo of the woman working inside a Rossi’s Ice Cream truck in England atop Mark Steyn’s new post on “Going with the Flow.” “That’s a British ‘ice-cream lady’ of the 21st century,” Mark notes. “At a certain level, it’s ridiculous serving 99s and raspberry ripples in a burqa. But at another, far more important level, it’s not in the least bit ridiculous: it’s telling you that these guys mean it — and they’ve figured out that you don’t.”

FREE SPEECH IS SO 20TH CENTURY: Hurt someone’s feelings on the Internet in New Zealand, go to jail for two years.

ATHENS ON THE POTOMAC: “Like many Americans, I haven’t had the privilege of visiting Greece. Unfortunately, Greece will be visiting us unless we change things and fast.”

DEBATE: Are Academic Law Libraries Doomed? I hate to go with “yes,” because I love libraries. And Tennessee Law has a really beautiful library. But notwithstanding that, I do nearly all my research online now, and I think students mostly use our library as a study hall, more than as a research tool.


She even once claimed that she was named for Sir Edmund Hillary after he became the first man to climb Mount Everest. But that didn’t happen until five years after she was born.

More recently she claimed she’d turned over all her job-related e-mails from her days as Secretary of State. But more work-related e-mails have since turned up that the State Department didn’t have. And she claimed the notorious Sidney Blumenthal was just an old friend with whom she kept in touch and who sent her unsolicited e-mails. Turns out as we’ve heard she was reaching out to him in the dark of night during the first year of the Obama administration and her e-mails make clear she welcomed and encouraged his advice. With such a record of mendacity, and there are numerous other examples, one thing is clear, it’s a good thing for Hillary Clinton that she’s not a Republican.


She even on…’ »

A FIELD GUIDE TO ACELA REPUBLICANS, from Rick Wilson at the Federalist, who among other things correctly notes that “The Media Loves Acela Republicans Until It Hates Them:”

Acela Republicans are creatures of the media, from beginning to end. Acela Republicans are always the smartest, tallest, most articulate, most handsome fellows in the room. Just ask the people at The New York Times or MSNBC or The Washington Post, who have adopted them like exotic pets. “Oh, look,” they coo, “This one doesn’t bite or have any of those ugly, primitive conservative policies. We shall feed it, caress it and keep it for our own.”

Acela Republicans are shocked by the media’s betrayal. After years of media love and attention, John McCain found himself beset at every turn in 2008, unable to comprehend why his good friends in the press were suddenly busy destroying him at Barack Obama’s behest. “But I’m always on the Sunday shows, and this Obama fellow doesn’t even know Tammy Haddad.” Jon Huntsman, famously feted as the smart, green, modern Republican, was suddenly an also-ran practically the minute he touched down from China. Reasonable Mitt Romney? He killed a woman, remember?

Acela Republicans never get invited to the prom in the general election. No matter how perfectly reasonable Acela Republicans think they’ve been, the Democratic candidate could eat a live baby on national television, proclaim fealty to Cthulhu, and threaten to incinerate Topeka with cleansing nuclear flame and the media will still be in his camp at the end. No matter how corrupt (Clinton), crazy (Sanders), commie (Warren) the Democrat is, they’re getting all the media love in the end

Do I even need to add, read the whole thing? Read the whole thing.™

ILLINOIS: EXCLUSIVE: A Shocking Admission Comes From Within Darin LaHood’s Disillusioned Campaign — About IL GOP Governor Bruce Rauner Directing the Race. “If it seemed to you, immediately following Aaron Schock’s resignation, that the state GOP and Governor Bruce Rauner were trying to clear the field for Darin LaHood, that’s because they were trying to clear the field for Darin LaHood.”

WHY FIRE IS BRINGING LAWSUITS AGAINST COLLEGES: FIRE’s Will Creeley explains why lawsuits are needed to combat speech codes on college campuses in The Huffington Post. From students being prevented from passing out copies of the U.S. Constitution to college administrators stopping a student from displaying a sign supporting gun rights on campus, FIRE’s Stand Up For Speech Litigation Project has taken on a lot of outrageous censorship cases in its first year. Check out our latest video that overviews Stand Up For Speech thus far.

I SURE HOPE SO:  Philip Klein: Social Conservatives and Libertarians Will Get Married.

The Republican Party, broadly speaking, is comprised of many factions that are often at odds with one another. Prominent examples are the battles between the grassroots and the national party establishment and between defense hawks and non-interventionists.

Perhaps fiercer than any of these fights is the long-standing conflict between social conservatives and libertarians. But when the Supreme Court legalized same-sex marriage last month, they created an opening for a wedding between these two groups, which could benefit the Republican Party ahead of the 2016 election. . . .

But as the dust settles on the Supreme Court decision legalizing gay marriage, it’s becoming clearer that the debate over the issue is going to shift to one of religious freedom. And on that issue, there’s much more of an opening for libertarians and social conservatives to get along. . . .

But with gay marriage legal, the cultural debate has been moving to issues such as: Should a religiously observant baker or photographer be forced to participate in gay weddings? Or, should a Catholic Church be forced to perform gay marriages?

Whatever their differences on the underlying issue of homosexuality and gay marriage, it will be hard for many libertarians to justify any sort of government coercion forcing individuals to violate their deeply held beliefs. As a result, they’ll find themselves increasingly — and begrudgingly — on the same side as social conservatives on many of the looming debates.

What this means for the Republican Party in 2016 depends in large part on how candidates campaign on the issue once the debate moves beyond the stage of the initial reactions. The most unifying message for Republican candidates would be: Whatever your views on same-sex marriage, government shouldn’t prevent individuals from living their lives in accordance with their values.

I agree with this advice for GOP presidential candidates. Don’t waste your energy trying to put the gay marriage genie back in the bottle. Focus on stopping the hemorrhage and defend the First Amendment like it’s constitutional life or death–because it is. 

OPERATION CHOKEPOINT, JR.: Chicago Area Sheriff Who Wasted Taxpayer Money Suing Craigslist, Now Strong-Arms Payment Companies To Avoid Backpage. This thing where government officials who don’t like you go after you through your bank and credit card companies needs to be squashed.

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JIM TREACHER: Mr. Sulu, Set Phasers To Racist.

By referring to Clarence Thomas as “a clown in blackface,” George Takei has taken away nobody’s dignity but his own.

Why is it okay for a Japanese man to use such racist language against a black man? Because of their relative positions in the hierarchy of grievances. Sure, Thomas is black, and therefore he’s a designated victim. But he’s also a conservative, and he’s explicitly rejecting the narrative of victimhood that underpins the entire “social justice” movement. Therefore, the black dude is trumped by the gay Asian dude. Takei can spew as much racist garbage as he wants, and he’s protected because he not only embraces his own victimhood, but he treasures victimhood itself like the purest gold. Without it, he’s just another washed-up actor from a schlocky old show about spaceships.

Not that I doubt Takei means what he says. He really is a huge racist.


NANOTECHNOLOGY UPDATE: DNA nanomachines more stable than expected in human serum and blood.

VIBRANT DIVERSITY FOR THEE, BUT NOT FOR ME: U.S. Twitter employees overwhelmingly white, Asian; just 1.7 percent black.

And yes, Jesse Jackson is on it. “Why the work force should racially reflect the makeup of the client base is, of course, left unexplained,” Michael Walsh writes in response. “But that’s not going to stop the grievance-mongers and shakedown artists.”

EVERYTHING YOU NEED TO KNOW about the 2017 Audi A4.

YOUR OBAMACARE!!! FAIL OF THE DAY: Is it possible to spend $137,000,000 to air a Richard Simmons video to promote Obamacare?

Yes. We. Can.

“Sacramento spent $137,000,000 — that’s right: nine figures — to produce and market this… thing,” Steve Green writes. “By way of comparison, last year’s Johnny Depp flop, Transcendence, had a production and marketing budget of ‘only’ $100,000,000.”

UPDATE: OK, Cal Watchdog.dog is reporting that Sacramento only fleeced the taxpayers for a $1.37 million Richard Simmons video. But still, that’s $1.37 million more than the state should have spent hiring him as a socialized medicine shill.

PHILIP HAMBURGER: Chevron‘s Last Days?

SO I FINISHED READING JOHN BIRMINGHAM’S LATEST DAVE HOOPER BOOK, Dave vs. The Monsters: Ascendance. Quite good, and I recommend the series for those who like Larry Correia’s stuff.

WHY ARE DEMOCRATS ALWAYS SO RACIST? George Takei: Justice Thomas ‘a clown in blackface.’ As somebody said on Twitter, Takei is taking the sore-winner thing to a whole new level.

FUNDAMENTALLY TRANSFORMED: Labor Participation Rate At 38-Year Low. Plus, the inevitable downward revision to previous months: “There were 60,000 fewer jobs created in April and May than initially reported.”

Related: Men Not At Work. “Thirty-eight years takes us back to 1977, the unhappy dawn of the Age of Carter.”


I should note that he cites my Ham Sandwich Nation piece, along with Michael Cottone’s really excellent Rethinking Presumed Knowledge of the Law in the Regulatory Age.

FIND YOUR PERFECT BEACH IN TEXAS, with the Texas Coasts Web App. Bryan Preston emails: “It’s a web app guide to all 600+ beaches, boat ramps, camp grounds etc on the Texas gulf coast. We built it at GLO because we’re the agency that’s charged with keeping the state’s beaches open for everyone, and because we thought it might help spur economic activity. The Texas coast generates about $7 billion per year. Maybe this app can add a little bit to that.” (Bumped).


Harry Alford, the president and chief executive officer of the National Black Chamber of Commerce, believes the EPA’s Clean Power Plan, designed to stop coal-fired power plants from spewing carbon into the atmosphere, will do nothing but hurt blacks and Hispanics.

And for the life of him, Alford can’t figure out why the Obama administration doesn’t realize this. Or maybe, Alford said, they have.

“EPA’s apparent indifference to the plight of low-income and minority households is inexcusable,” said Alford. “We should pursue policies that expand opportunity for the less fortunate, not ones that further disadvantage them. The only solution is for EPA to withdraw its rule.”

Why would either the EPA or low-income and minority households who keep monolithically voting against their own best interests start to change now?

As for as the latter group, where else would they go?

WHY COLLEGE KIDS ARE AVOIDING THE STUDY OF LITERATURE: Why is it, Prof. Gary Saul Morson of Northwestern University asks In the new issue of Commentary, “that students are choosing to study economics or chemistry rather than literature?…Could it be that the problem lies not with the students but with the professors themselves?”

A few years ago, when I was talking to a group of students, one of them asked why I teach the books I do, and I replied simply that they are among the greatest ever written. Later one of my colleagues told me she experienced the thrill one hears when a taboo is broken, because it has been orthodoxy among literature professors for some three decades that there is no such thing as “great literature.” There are only things called great literature because hegemonic forces of oppression have mystified us into believing in objective greatness, whereas intrinsically Shakespeare is no different from a laundry list or any other document. If this sounds exaggerated, let me cite the most commonly taught anthology among literature professors, The Norton Anthology of Theory and Criticism. Its editors paraphrase a key tenet of the dominant movement called “cultural studies,” which has set the critical agenda:

Literary texts, like other artworks, are neither more nor less important than any other cultural artifact or practice. Keeping the emphasis on how cultural meanings are produced, circulated, and consumed, the investigator will focus on art or literature insofar as such works connect with broader social factors, not because they possess some intrinsic interest or special aesthetic values.

In other words, what used to be called masterpieces are worthy of study only insofar as they fit into a liberationist program, and no further. If elements of popular entertainment illustrate social forces better than Pope or Proust do, then they should (and sometimes do) constitute the curriculum. The language of “production, circulation, and consumption” is designed to remind us that art is an industrial product like any other and supports the rule of capital no less, and perhaps more insidiously, than the futures market.

In universities, this approach often leads to teaching documents instead of literature. Or perhaps cultural theory itself, taught pretty much without reference to the cultural documents in which it is supposedly grounded. Or perhaps second-rate literary works, which are a lot better than great ones either as documents or as providers of simple political lessons. At Northwestern, our engineering students have room in their schedule for perhaps two humanities courses, so—just think of it—a professor chooses to expose them not to great writers such as George Eliot or Jane Austen but to second-rate stuff or, still worse, some dense pages written by philosophers such as Jacques Derrida or Michel Foucault.

In each of these interest-killing approaches—the technical, the judgmental, and the documentary—true things are said. Of course literature uses symbols, provides lessons in currently fashionable problems, and can serve as a document of its times. The problem is what these approaches do not achieve.

They fail to give a reason for reading literature.

Read the whole thing; it’s a beautifully written essay. Having destroyed the study of history by transforming it into an endless litany of soul-crushing racial, sexual and class-oriented grievances, a form of study that historian has dubbed “Black Armband History,” I’m not at all surprised to see a similar approach now ruining literature as well in academia.

IN THE MAIL: From Tom Young, The Hunters.

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SNAPSHOT: THE FIRST ACADEMY AWARDS TELECAST, as spotted by Terry Teachout, who writes on “The opening of the twenty-fifth Academy Awards ceremony, the first to be televised. The ceremony, which took place on March 19, 1953, was introduced by Charles Brackett, co-author of the screenplays for The Lost Weekend and Sunset Boulevard, and began with a monologue by Bob Hope, the master of ceremonies. Ronald Reagan was the off-camera narrator.”

Click over for a seven minute time capsule of a Hollywood that the boomers completely bulldozed into the ground by the end of the following decade. Some of Hope’s comments about the product aired on television are rather timeless though, alas.

A GOVERNMENT OF LIES: Department Of Education Still Standing By Comments Official Made In Debunked Rolling Stone Article. Catherine Lhamon is the source of most of the Education Department’s jackbooted idiocy on sex.


The New York Times highlighted one data set recently, in an article headlined “Homegrown Extremists Tied to Deadlier Toll Than Jihadists in U.S. Since 9/11.” “Since Sept. 11, 2001,” the article says, “nearly twice as many people have been killed by white supremacists, antigovernment fanatics and other non-Muslim extremists than by radical Muslims: 48 have been killed by extremists who are not Muslim, including the recent mass killing in Charleston, S.C., compared with 26 by self-proclaimed jihadists, according to a count by New America, a Washington research center.” The article goes on to cite a nationwide survey of police and sheriffs departments, noting that “74 percent listed antigovernment violence, while 39 percent listed ‘Al Qaeda-inspired’ violence, according to the researchers.” Well, I guess that settles that, then.

Ah, no. You’ve been reading this column too long to believe that. Statistics are useful, but fragile. How you handle them makes a big difference.

The most obvious thing to note is the choice of start date: Sept. 12, 2001. That neatly excludes an attack that would dwarf all those homegrown terror attacks by several orders of magnitude. Ah, you will say, but that was a one-time event. Sort of. It is no longer possible to destroy the World Trade Center, but we can’t be certain to never again have a large-scale terror attack that kills many people. If you have high-magnitude but low-frequency events, then during most intervals you choose to study, other threats will seem larger — but if you zoom out, the big, rare events will still kill more people. We don’t say that California should stop worrying about earthquake-proofing its buildings, just because in most years bathtub drownings are a much larger threat to its citizens. . . .

Counting the other types of extremist terrorism is a little murkier. Some of them are fairly obvious: When a white supremacist starts shooting people at a Sikh temple, I don’t think we need to wonder too hard what his motives were. On the other hand, the data set The Times relies on also includes Andrew Joseph Stack, who you may remember piloted a small plane into an IRS building in Austin. Stack left a manifesto behind, and it doesn’t exactly read like an anarcho-capitalist treatise. Oh, he’s mad at the government, all right, but he’s mad about … the 1986 revision to Section 1706 of the tax code, which governs the treatment of technical contractors. . . .

Its closing lines are “The communist creed: From each according to his ability, to each according to his need. The capitalist creed: From each according to his gullibility, to each according to his greed.” Labeling this as a “deadly right-wing attack” is beyond a stretch; it’s not even arguably correct.

Narrative, and talking points for smug, low-information Democratic voters.

OKLAHOMA SUES TO BLOCK OBAMA’S CLEAN POWER PLAN: Oklahoma filed a lawsuit yesterday afternoon in the Northern District of Oklahoma, challenging the EPA’s overreaching “Clean Power Plan,” a unilateral, executive branch global warming climate change transformation, ostensibly grounded in the Clean Air Act, that will require an unachievable 30 percent reduction in carbon emissions from coal-fired plants and threaten the reliability and affordability of electricity:

But in the complaint filed Wednesday, [Oklahoma Attorney General Scott] Pruitt argues that the court has authority because Oklahoma is already experiencing the effects of the EPA’s rule, and there is nothing that could happen, short of judicial intervention, that could stop it.

“Unless this Court intervenes, Oklahoma will have no meaningful or adequate remedy to enforce the limitations that the Clean Air Act and the Constitution place on the authority of the United States Environmental Protection Agency and its Administrator and to avoid injury to its sovereign, quasi-sovereign, fiscal, and economic interests,” Pruitt wrote in his complaint.

The state also asks the court for a preliminary injunction to immediately stop the EPA from moving forward on the rule while the court proceedings go on.

Pruitt, a Republican, has been one of the most vocal opponents of President Obama’s EPA in general and the climate rule specifically.

He told the Senate Environment and Public Works Committee in May that “the EPA, under this administration, treats states like a vessel of federal will. The EPA believes the states exist to implement the policies the administration sees fit, regardless of whether laws like the Clean Air Act permit such action.”

The EPA has repeatedly defended the regulation has a legal and necessary exercise of its authority under the Clean Air Act.

The lawsuit presents some intriguing constitutional claims, asserting that the EPA’s proposal coerces and commandeers the States, and thus violates the principle of federalism. Liberal constitutional Harvard Law professor Laurence Tribe has made similar constitutional assertions, a position for which Tribe has been criticized by fellow leftists for “selling out” because he has agreed to represent an energy company, Peabody Energy, in other legal challenges against the EPA’s plan. That lawsuit was dismissed recently by the D.C. Circuit because it did not have jurisdiction to issue a writ of prohibition because the EPA’s Clean Power Plan is not yet a “final” rule. The Oklahoma lawsuit, by contrast, does not request a writ of prohibition, instead relying on a series of cases allowing challenges to ultra vires, pre-final agency action. In the name of full disclosure, I am one of the lawyers working on behalf of Oklahoma.

HMM: Feds Investigating Airlines For Potential Collusion.

What if it’s not the airlines colluding, but their bots?

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THIS IS THE BEST EMAIL IN THE NEW TROVE OF HILLARY CORRESPONDENCE: To be fair though, Huma and Hillary loathing Al Gore as much as the rest of us do goes far towards humanizing them.

GOVERNMENT AS ONGOING CRIMINAL CONSPIRACY: Investigators find proof IRS destroyed evidence in targeting scandal.

DEMOCRATS IN DISARRAY: New York Democrats Join Mayor de Blasio in a Chorus of Dissent Against Governor Cuomo.


THAT’S NICE. TURNING TO THE CRIMINAL JUSTICE SYSTEM WOULD BE BETTER. Ashe Schow: Colleges turning to retired judges to adjudicate campus sexual assault.

Colleges and universities are increasingly looking to outside judges to help adjudicate accusations of campus sexual assault.

Under pressure from the Obama administration, schools in recent years have been adjudicating accusations of sexual assault. The results have been a disaster.

First, accusers insisted that the process was rigged against them, and that facing the accused was too traumatic. So the Department of Education mandated the “preponderance of evidence” standard and “strongly discouraged” schools from allowing cross-examination. It also provided no due process rights to accused students.

This, along with threats of lost funding, encouraged schools to expel more accused students based on nothing more than accusations. Accused and expelled students began fighting back. But they didn’t get the support and media attention accusers enjoyed.

Still, schools have begun to realize that severely altering a student’s future — by labeling him a “rapist” for life and hampering his future potential earnings — might need more than a “better safe than sorry” conclusion reached without due process.

“But that’s beginning to change at some colleges, where outside judges — typically retired state judges — are being hired to oversee hearings,” wrote Inside Higher Ed’s Jake New. “The hearings are still held under college rules, not state rules for courts.”

I welcome any attempt to make the hearings and investigations more fair. Outside adjudicators are a good start, as they are less likely to think of only the college’s interest. Given the current culture surrounding sexual assault, it’s in a college’s best interest to expel regardless of the evidence. Although, if the outside adjudicators are being paid by the university, that could compromise their integrity.

Of course, those who prefer to expel students based solely on the unsworn word of an accuser oppose outside adjudicators. Their main concern seems to be that a process that is too much like the criminal justice system (i.e., too fair and thorough) won’t result in more expulsions.

My advice to male students: Instead of being expelled, just don’t enroll.

ARE RIGHT-WING EXTREMISTS REALLY A BIGGER THREAT THAN JIHADIS? The NYT says yes. After looking at its evidence, Megan McArdle isn’t so sure.

THAT’S NO STRATEGY. THAT’S A LIST. ”Much of what passes for ‘big picture’ thinking in the White House is purely reactionary.”

TEACH WOMEN NOT TO RAPE! (CONT’D): A female teacher ‘seducing’ a boy isn’t just a laugh – it’s cruel abuse, says Rachel Johnson.

WEAPONIZING THE FEDS AGAINST GUN OWNERS AND TEA PARTIERS: Bill Would Create New Homeland Security Office for ‘Countering Violent Extremism.’

First, we don’t need new offices in Homeland Security. We need to get rid of that bureaucratic abomination, which has turned out to be even worse than I predicted when it was created. Second, the author of this stupid bill is Texas Republican Michael McCaul, who foolishly thinks this office will get the feds to go after jihadis. But all evidence suggests that the homeland security apparat views Americans peacefully supporting their constitutional rights as a bigger threat than jihadis.

WHAT HATH JOHN ROBERTS WROUGHT? Supreme Court’s Negatives Jump to All-Time High. “Negative views of the U.S. Supreme Court are at their highest level in nearly nine years of regular surveying. But positive opinions are also up to a less dramatic three-year high.” Roberts has pursued popularity with the punditocracy, so this breakdown makes sense.

I’M BEGINNING TO THINK THAT OBAMA DOESN’T REALLY MIND ISIS AT ALL: US blocks attempts by Arab allies to fly heavy weapons directly to Kurds to fight Islamic State. “The US has also infuriated its allies, particularly Saudi Arabia, Jordan and the Gulf states, by what they perceive to be a lack of clear purpose and vacillation in how they conduct the bombing campaign. Other members of the coalition say they have identified clear Isil targets but then been blocked by US veto from firing at them.”

ROBERT VERBRUGGEN: The Justice Department’s Hidden Race Data.

Back in 2010, Ron Unz of The American Conservative set off a debate by arguing that Hispanics didn’t have higher crime rates than non-Hispanic whites, and therefore crime shouldn’t be a concern when it comes to immigration from Latin America. He had to argue this using a variety of roundabout calculations and obscure data sources, however, because good, national data weren’t readily available.

For example, the federal government’s National Crime Victimization Survey, which asks people about their experiences with crime, didn’t allow interviewees to identify their attackers as “Hispanic.” And the racial and ethnic offender breakdowns stopped being published in routine reports after 2008, though the raw numbers were still available in the full data sets.

It turns out the Justice Department has been holding out on us. It fixed the way it asked about offenders’ races, but this went unnoticed because the data were no longer publicized.

Here’s the chart:


Read the whole thing.


I don’t want to wind up with a choice between the twin totalitarianisms of soulless state-regulated hyper-sexualized semi-tyranny and sharia — because, if that’s what it comes down to, I know who’ll win. But conservatives have spent the supposed “end of history” winning a zillion elections, and losing everything that matters. To most of the so-called millennials, conservatism is entirely invisible except as a Jon Stewart punchline — and that invisibility was largely our choice. Instead of launching another radio show or news aggregator or think-tank, never mind obsessing over whether Jeb or Jindal or Christie will play better in Iowa, we need to make like the Islamic mullahs and the sex mullahs and start competing for the space where people actually live.

Read the whole thing.

July 1, 2015

GOOD FOR HIM: Ex-CNNer Lynne Russell’s husband kills robber in wild motel shootout. “De Caro was shot twice in the abdomen and once in the leg — but managed to kill the gunman with his return fire. The intruder fled the motel room and collapsed in the parking lot, where cops later found him.”

Related: Famous Ex-CNN Anchor Says Her Husband Is Her ‘Hero’ After He Takes Out Armed Robber With Several Well-Placed Bullets.

THEY DON’T CALL IT the “unexpected martial art” for nothing. 95-year-old veteran fights off would-be robber with cane.


With regard to the abusive Chisholm investigation, the GOP isn’t exactly powerless. It controls all three branches of Wisconsin government.

Where is the investigation by the legislature? Subpoenas to all of the people on Chisolm’s team? Televised hearings!

The GOP could hit back really really hard if it wanted to.

At the end of the day, power belongs to those with the guts to use it. Obama completely gets this.

The GOP needs to wise up.

I agree. Punch back twice as hard.

AT AMAZON: Beautiful things, updated daily.

ACE: Bill DiBlasio Vs. Mike Flynn on Freedom and Humility in Government.

MARK RIPPETOE: Deconstructing the Deadlift: A Deep Analysis of Proper Deadlift Mechanics.


[Former CNN-Headline News anchorwomen] Lynne Russell told Action 7 News she and her husband were robbed at gunpoint at the Motel 6 near Coors and Iliff around 11:30 p.m.

Her husband, Chuck de Caro, worked as a correspondent for CNN as well.

Russell said they were exhausted Tuesday night and decided to go to a motel to rest. She went out to the car to get something when a man put a gun to her head, dragged her back into the motel room and demanded her valuables.

Her husband grabbed his gun and the two exchanged gunfire. Russell said the suspect fired first.

Police said both men fired multiple rounds.

Russell said her husband was hit three times. He underwent surgery at University of New Mexico Hospital and is expected to recover.

Officers found the other man in the parking lot. He died at the hospital.

A former CNN correspondent who was armed? Piers Morgan could not be reached for comment. (On the other hand, I don’t recall Russell or her husband being all that vocal during Morgan’s nightly screeds railing against the Constitution.)

PROGRESS: IF IT’S RACISM, IT’S PROBABLY FAKE RACISM: Black Man Arrested For Posting KKK Signs Outside Black Church.

FASTER, PLEASE: Blood Test IDs Pancreatic Cancer in 250 of 250 Patients.

DON’T TURN AROUND — DER KOMMISSAR’S IN TOWN: De Blasio: We’re Reviewing Trump’s NYC Contracts over ‘Disgusting’ Comments. Freedom of speech is like a bus — when you reach your station, you get off.

FOUND IN HILLARY EMAILS: SID BLUMENTHAL EDITED HER SPEECH to the Council on Foreign Relations for ‘Vague and Gauzy Liberal Universalism.’

Huh — Hillary’s never lacked for that.

SHE SPEAKS THE TRUTH:  Katie Pavlich: America is not racist.

It’s interesting how those on the left, in this case Obama and Heschel, make broad, general statements about how far we have to go on race issues but don’t give specifics about what’s left to fix. What do white churches have to do with the Charleston killer? They’ve offered support and unity. Is that something they should hang their heads over? The answer is no. And despite what Obama says, racism is not passed along in DNA through the generations. If that were the case, America wouldn’t be the tolerant, multi-racial country it is today.

Yes, America, like the vast majority of the rest of the world, at one time participated in slavery. While the sin of slavery is not justified, it is important to acknowledge that the sin of slavery isn’t a uniquely American sin, but rather one of mankind throughout the course of history. Further, owning slaves is not a sin unique to white people; in fact, black Africans sold other blacks into slavery (and still do today). Slavery is uniquely human, but societies and countries that respect human dignity, like America, have stopped the horrifying practice.

We need more direct refutations of the “racism” accusation like this. Liberals/progressives talk incessantly about racism, yet there are spectacularly few examples of the phenomenon, so they pounce on every conceivable black-white interaction–think Ferguson and Baltimore–even if the facts don’t support their immoral, divisive accusations.

The Charleston shootings have given race-baiters an excuse to ramp up their rhetoric and double down on their strategy of divisiveness. Too bad the good folks in Charleston keep disappointing the progressive/liberal racism promoters with their acts of good faith, unity and charity. One can almost feel the race-baiters’ frustration that a random evil act didn’t spark race riots. But hey, they are at least getting traction on their longstanding agenda to erase all memory of Confederate soldiers and, of course, the Confederate flag.

PRIVACY: This Online Anonymity Box Puts You a Mile Away From Your IP Address.

WITH OVER 1600 DOWNLOADS, my Third Amendment Penumbras piece is still #1 on SSRN’s Top Recent Papers chart. Thanks to everyone who downloaded!

I BLAME THE CONFEDERATE FLAG: Google Apologizes After Photos App Labels Black Couple as Gorillas. I don’t understand why Google was unable to “correct the issue” with the software, though. Is their bot racist?

TEST DRIVE: 2015 Volkswagen Jetta Hybrid SEL Premium.

CAN GREEKS BECOME GERMANS? “Poll: 85% of Greeks Believe the Jews Have Too Much Power Over Global Finance.”

(Somehow, I don’t think this was the answer Thomas Friedman was expecting to his characteristically goofy 2011 headline.)


RELATED: “You Can’t Compromise with Culture Warriors,” Jonah Goldberg writes:

By no means are social-justice warriors always wrong. But they are untrustworthy, because they aren’t driven by a philosophy so much as an insatiable appetite that cannot take yes for an answer. No cookie will ever satisfy them. Our politics will only get uglier, as those who resist this agenda realize that compromise is just another word for appeasement.

Read the whole thing.

SULTAN KNISH: You Cannot Accommodate The Left. I recommend operant conditioning instead. Complaining and crusading is what they do, but even a flatworm is smart enough to turn away from pain. Make it painful for them to mess with things that you consider important, and they’ll likely turn their attentions elsewhere.


In March 2014, State Sen. Leland Yee, in the midst of a campaign for secretary of state, was arrested in part of a massive raid in the FBI area, accused of political corruption and helping arrange illegal firearm deals on behalf of violent group in the Philippines.

That scandal was crazy enough, but adding fuel to the fire was the fact that Yee, a Democrat, was also an open supporter of tougher gun control laws and was a proponent of legislation in California to ban the sales of violent video games to children, a law that the Supreme Court subsequently struck down as unconstitutional. Yee was a critic of games like Grand Theft Auto, even though he apparently behaved in real life like one of its characters. He took political hypocrisy to brand new heights.

Today it all ends with a plea deal. He has agreed to plead guilty of one count of racketeering in federal court and faces the possibility of up to 20 years in prison and a $250,000 fine.

Shackford describes Lee’s crimes as “the craziest political scandal to hit California in a while.” And that’s really saying something considering the wretched hive of scum and villainy that is the Mos Eisley cantina Sacramento.

WHEN SOCIOLOGISTS GO BAD, as spotted by Andrew Klavan:

I just finished reading Alice Goffman‘s in-the-field study of Philadelphia’s black slums, On The Run: Fugitive Life in an American City. I recommend it highly. It’s a wonderful piece of reporting. It’s also nuts. It’s worth reading for both reasons.

Goffman — a slight, attractive white girl and the daughter of famous sociologist Erving Goffman — lived for six years in a place she calls Sixth Street in Philly. There she befriended various black drug dealers and gangsters and their girlfriends. Completely losing her objectivity along the way, she actually reached a point where she chauffeured one of these thugs around town while he, his gun on his lap, searched for a man he wanted to kill. She’s lucky he didn’t find him. I don’t think that would’ve been sociology exactly. More like felony murder.

Somehow, I don’t think Christopher Reeve and Morgan Freeman intended Street Smart to be a how-to guide to journalism or sociology. And as Andrew notes:

Also, for myself, while I think it’s nonsensical to blame the police for the criminality of poor black people, it is not nonsensical to note that the dysfunctions of modern poverty are generationally self-replicating. A kid with no father and a crack whore for a mother is going to have a difficult time learning moral self control — and that’s going to be true of the fatherless child he fathers too. I do not believe such behaviors are related to race in any way. They’ve appeared too often in too many people throughout history. Read Germinal by Emile Zola. Read Oliver Twist by Charles Dickens. Read some of the writing about the Irish in England during the Victorian period. The poor have children out of wedlock and fatherless children commit more crimes.

There’s a reason why Life at the Bottom, Theodore Dalrymple’s report as a psychiatrist working inside the British prison system, is subtitled, “The Worldview That Makes the Underclass.”

“MY UTERUS LITERALLY ACHES:” “We built a luxury dream home but can only afford to have two children. Most people do not understand this statement.”

Actually, virtually everyone who is sentient understands on some level that there are tradeoffs in life in attempting to best calculate the equation of time, money, and goals. And to be fair, as one Twitter commenter noted, “at least [the writer and her husband] have a handle on living within their means, more than can be said for the average American.” But otherwise, this article is remarkably Fisk-worthy.

But then, as Tom Wolfe warned us all 40 years ago in “The Me Decade,” imagine living with millions of people who share the mentality of “my life becoming a drama with universal significance . . . analyzed, like Hamlet’s, for what it signifies for the rest of mankind. . . .”

Of course, the latest generation now entering the workforce, which Ashe Schow mockingly dubs “The Survivor Class,” is poised to make the Me Decade crowd appear in retrospect as industrious well-adjusted citizens: “Are employers going to start using precious resources to create safe spaces for people who are so unable to handle their anxiety they force the rest of the world to handle it for them?”


AT AMAZON: Best toys & games of the month.

SCIENCE RAPPERS:  A rap performance summarizes findings in my NYT science column on the changing perceptions of “mate value.” One of the excellent rhymes: “We live in a world with mating that’s assortative / People care a lot about education and how short he is.”




Which is just the way the DNC-MSM wants it — just ask this woman, or Tom Brokaw and Charlie Rose.

FUNDAMENTALLY TRANSFORMED: Survey says: 35 percent of Americans would expatriate. A country that has generous social benefits, with high taxes and many political/regulatory barriers to success, will attract the unproductive and chase away the productive. End result: “Bad luck.”

UPDATE: Poll: Obama Millennials Want to Leave the America They Created.

UH OH: New Cases of Ebola Put an End to Liberia’s Status as Virus-Free.

REASON TV ON THE SECRET SCAM OF STREETCARS: How to Sell a 100-Year-Old Technology as the Future of Transportation:

“Meet the Thighmaster of urban public policy: streetcars,” proffers Reason TV’s Rob Montz, who, other than borrowing one of Frank Gorshin’s Riddler suits from the old Batman TV series, delivers a spot-on indictment of the graft and Barack to the Future mentality that, as he notes, causes “municipal politicians across the country” to convince themselves “that this costly, clunky hardware can revitalize their flabby downtown economies.”

Or as a CATO report described such thinking a few years ago, “The Desire Named Streetcar.”

On Twitter today, Iowahawk, who spotted the video, quips:

But that’s really an insult to ’93 Hondas, which as Montz notes, have far more maneuverability than a giant streetcar — as do taxis and municipal buses — but there’s not as much room for graft, given that the infrastructure for these vehicles doesn’t need to be built from scratch. And note who makes several prominent appearances pimping for more streetcars: Obama’s former transportation secretary, RINO Ray LaHood, the father of Darin LaHood who is running for Congress in the Illinois seat vacated by disgraced former Rep. Aaron Schock. Darin isn’t responsible for his father’s disasters, but still, why take a chance? Vote Mike Flynn for Congress.

SPACE: SpaceX Rocket Explosion: Can The Commercial Space Industry Recover From The Falcon 9 Rocket Failure? Rockets, whether commercial or governmental, blow up sometimes, especially new rockets. That’s just part of the business.

TEACH WOMEN NOT TO LIE ABOUT RAPE! (CONT’D): False rape report filed by Manhattan girl. “Officers have filed a report for filing false information in the rape reported over the weekend. Investigators found that the juvenile female’s claims of rape against a 19-year-old acquaintance were not true. Because the case involves allegations of a sexual crime, RCPD is not releasing additional information at this time.”

Related: Woman accused of false rape claim ‘after fitness watch proved she wasn’t dragged from bed.’

IT’S GREEK TO THEM: Steven Hayward on “The Decadence of the Liberal Mind in One Sentence.

ARE LAWYERS the new Linotype operators? “Don’t know what a linotype operator is? Exactly.”

21ST CENTURY RELATIONSHIPS: I lived like a man for a couple of weeks. It helped me understand my husband. Taking a dose of testosterone gave me a new sense of empathy.

I wanted to do them all. Men – young and old, thin and heavy, coiffed and shaggy – walked past my gate in Hartsfield-Jackson as I waited for my connection to visit my sister in Connecticut. Not all rated attractive, but I found the idea of sex with each captivating.

The young man with the tight shoulders, the bookish guy with Clark Kent glasses, the soldier in fatigues? Yes, yes and yes. The sweatshirt-clad-torn-jeans man was not my type, but I ogled him anyway.

I had been taking estrogen replacement therapy for four years prescribed after my hysterectomy at 36. But two weeks ago, my doctor added a special cream to boost my testosterone. She warned me of “odd symptoms,” but she didn’t mention this constant sexual distraction. Or the irrational anger. The day before, I dropped a fork in the kitchen and kicked it. It clattered into the base of the cabinet, but that wasn’t enough. I picked it up and threw it into the sink with a force intended to harm. When the mailman carelessly slammed a box onto the front steps, I resisted the urge to slap him silly.

At the follow-up, my doctor said, “Now you know what it’s like to have your brain bathed in testosterone.” In other words: What it’s like to live like a man.

All women — at least, all women who write on gender relations — should have this experience.


TAXPROF ROUNDUP: The IRS Scandal, Day 783.

MICKEY KAUS SAYS OBAMA’S OVERTIME MOVE IS A SCAM: “Isn’t that kind of pathetic? Obama’s increase (in the upper salary threshold covered by the overtime rule) may boost the pay of “nearly” 5 million workers. There are about 122 million workers in the U.S. economy — so according to my calculator the change will affect 4% of them. If that’s the biggest action Obama can take to help the middle class, it shows the severe limitations of his vaunted “pen and phone” strategy, no?” It’s not about actually helping. It’s about looking as if he’s helping to low information voters.


So Hillary can’t work a fax machine and hasn’t driven a car since 1996, but journalists are still recycling false stories about Bush #41 and barcode scanners?

On the other hand, Hillary has other transportation issues to wrestle with:


THE JUNIOR ANTI-SEX LEAGUE AT WORK: The Future of Sex Is Terrifying: Proposed changes to U.S. sex-crime laws seek to set new sexual norms by criminalizing ordinary behavior.

Forget sex robots, virtual reality porn, and any of the other technological advances feared capable of disrupting current sexual mores. The biggest threat to sex as we know it is the coming revision of U.S. sex-crime laws. For a glimpse into this frightening future, look no further than Judith Shulevitz’s latest in The New York Times. Shulevitz chronicles how “affirmative consent” (the principle, often referred to as “yes means yes,” that the mere absence of a “no” is not sufficient permission to proceed sexually) has been quietly spreading from California universities to colleges across the country, and could soon mutate out of academia entirely.

The American Law Institute (ALI)—a respected body of professors, judges, and lawyers that draft model laws oft adopted in whole by state and federal government—has spent the past three years deliberating over sexual assault statutes (an area it hadn’t revisited since 1962). A draft of the group’s recommendations, released in May, endorsed “the position that an affirmative expression of consent, either by words or conduct, is always an appropriate prerequisite to sexual intercourse, and that the failure to obtain such consent should be punishable under” criminal law.

“The traditional premise in the law has been that individuals are presumed to be sexually available and willing to have intercourse—with anyone, at any time, at any place—in the absence of clear indications to the contrary,” states ALI. The new model “posits, to the contrary, that in the absence of affirmative indications of a person’s willingness to engage in sexual activity, such activity presumably is not desired.”

Perhaps officious busybodies need to meet with more aggressive pushback from normal people.

PARENTING: “I’m Sick of Hearing ‘You’ve Got Your Hands Full!’”, Bethany Mandel writes at the new PJM Parenting Website. She says these days in response to “Boy, you have your hands full!” she’s started saying “Yeah, I do, thank G-d.”

Read the whole thing.

FUNNY, THE SAME KIND OF POLITICS ALWAYS PRODUCES THE SAME KIND OF RESULTS: What’s Really Happening in Puerto Rico? The commonwealth is facing a serious debt crisis that could result in default, but that’s only part of the problem.

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THE SADDEST THING ABOUT HILLARY’S EMAILS: Relax, you don’t have to pick just one, but emails reveal weak grasp of reality among global power players. We have the worst political class in American history, and most of the rest of the world isn’t doing so great either. And it is an embodiment of the Dunning Kruger effect.