Notes From Babel

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Moving blogs again…

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I’ve set up shop at the League of Ordinary Gentlemen.  I hope you’ll follow me over there.  Please update your bookmarks and RSS feeds accordingly to http://ordinary-gentlemen.com/timkowal/

I also recently created a Facebook site for my blogging. 

See you around!

Written by Tim Kowal

March 30, 2011 at 11:38 pm

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Links from the past week

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Via Greg Mankiw, Tax Foundation reports a controversial study indicating the U.S. is already has one of the most progressive tax policies around.  See also here.

Veronique de Rugy explains why hedge funds aren’t that bad, and might have even helped the economy.

Christopher Wolfe argues marriage has been injured not primarily by the campaign for same-sex marriage, but by no-fault divorce and the sexual revolution in general.

Tim Sandefur corrects a misunderstood point about states’ authority to maintain their own armies.

Adam Serwer on the Big Love series finale.

Eighty-Four Underpaid Fullerton Teachers Who Make Over $90k.

Interesting theory why the stimulus didn’t work:  liberal federal policy offset by conservative state policy.

Yglesias on why household budgets are not like government budgetsFLG responds.

Justice for Janitors is a real thing?

David Bernstein on Ryan Williams’—a living, breathing, practicing attorney, like me!—”path breaking” new article, The One and Only Substantive Due Process Clause.

Joe Biden on impeaching the President for unauthorized use of executive power.

The Bleeding Heart Libertarians blog poses another interesting thought experiment.  My comment here.

Written by Tim Kowal

March 25, 2011 at 11:29 pm

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How Chipotle Is Like The Federal Government

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Written by Tim Kowal

December 5, 2010 at 6:51 pm

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Fantasia vs. The Nothing

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Another from the Religion Clause blog:

In Britain, a High Court hearing is scheduled to begin on Monday in a challenge to action taken by the Derby City Council to disqualify as potential foster parents a Christian couple who believe that homosexuality is unacceptable.

America lags a bit behind Britain’s rate of desiccation of its society’s traditional values.  But we’ll get there.

Written by Tim Kowal

November 9, 2010 at 10:48 pm

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Radio Interview

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I’ll be on the KSFO morning show (560AM in San Francisco) with Brian Sussman tomorrow morning around 6:15 a.m., talking about my recent op-ed on Jerry Brown.  More info here.

Written by Tim Kowal

October 18, 2010 at 11:26 pm

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Jerry Brown’s Long Record of Selectively Enforcing California’s Laws

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Written by Tim Kowal

October 2, 2010 at 8:29 am

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Justice Breyer on Constitutional Interpretation

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From today’s Washington Post on Justice Stephen Breyer’s new book, Making Our Democracy Work:

“The court should reject approaches to interpreting the Constitution that consider the document’s scope and application as fixed at the moment of framing,” Breyer writes. “Rather, the court should regard the Constitution as containing unwavering values that must be applied flexibly to ever-changing circumstances.”

Judges should go about this, Breyer says, using “traditional legal tools, such as text, history, tradition, precedent, and purposes and related consequences, to help find proper legal answers. But courts should emphasize certain of these tools, particularly purposes and consequences. Doing so will make the law work better for those whom it affects.”

The bolded sentence struck me as odd, so I fired up my trusty desktop thesaurus to check something out.  Synonyms for “unwavering” include, among others, “stiff” and “unbendable.”  Synonyms for “flexible” include, among others, “elastic” and “pliable.”

Perhaps Breyer is shrewder than I gave him credit for.  This will surely pique the interest of many potential book-buyers as to how something “stiff” and “unbendable” can be “flexibly” and “elastically” applied.  (Perhaps soaking it in water 24 hours before application?)  If I didn’t already know this was standard, non-interpretivist liberal hokum, I might have been among them.

h/t Volokh.

Written by Tim Kowal

September 21, 2010 at 8:54 pm

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