Corrupt Hive

In stecore invenitur

Archive for September 2008

Stupid is as Stupid Does

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Much of today’s legal reasoning is fantastical but for good or for ill it occasionally reduces to farce. One such example is the Iowa Supreme Court’s recent decision in Willard v. Iowa. In fairness, much of the opinion’s reasoning is not out of the ordinary. But the fundamental justification for the court’s decision is plainly stupid.

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Written by Daniel

September 20, 2008 at 1:26 pm

Posted in Uncategorized

US v. Levinson and the Nature of Procedural Error

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It is no secret that I am a big fan of SCOTUS’s recent 6th amendment jurisprudence beginning with Apprendi all the way through Gall. Yet despite the fact that the courts have been working with this line of cases for eight years, lower level courts still have a significant problem implementing these changes. Because it illustrates one key aspect of these difficulties nicely, I am going to blog about US v. Levinson. Read the rest of this entry »

Written by Daniel

September 18, 2008 at 8:38 pm

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In Memorum: Everett Dirksen

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Last week marked the anniversary of the death of Everett Dirksen. If people think of him today at all, they think of him as one of the Republican proponents of the Civil Rights Act of 1964 or as one of the main supporters of the Vietnam War. Less well known is the fact that there is a U.S. Senate Office building named after him. I once worked there. Read the rest of this entry »

Written by Daniel

September 15, 2008 at 5:06 pm

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Statutory Construction

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This post on FindLaw.com is a excellent example of how one presents a very biased viewpoint under the rubric of informing the public. It misrepresents the concept of texualism as well as concept of legislative intent. It’s a mess; I am going to try and fix it.

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Written by Daniel

September 10, 2008 at 10:42 pm

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Ministerial Exception Part III

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While I was corresponding with Gritsforbreakfast on the post below, I was troubled by an aspect of our conversation that bothered me but that I couldn’t frame adequately. Today it clicked. An issue that I think is being overlooked in the discussion of the ministerial exception is the religious freedom of the minister. Read the rest of this entry »

Written by Daniel

September 10, 2008 at 9:10 pm

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Ministerial Exception Redux

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This post at Grits for Breakfast and this one at EvidenceProf blog regarding this decision by the Texas Court of Appeals shows once again how little is understood about the ministerial exception. I actually agree with the court’s ruling in this case but that’s because I don’t agree at all with Grits or Colin’s understanding of its ruling.

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Written by Daniel

September 8, 2008 at 5:11 pm

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The Narrative Part II

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This post over at The Confluence caught my attention as it was under related topics for my prior post. It is a good example of just why Hillary lost to Obama and what he understood that she did not. Elections are not won or lost based upon a narrative. Every election is won or lost at the precinct level, it’s won by knocking door to door, getting out the vote. The reason the PUMAs are so angry is that the bought into Hillary’s narrative and that narrative didn’t come true; in their eyes the guy with the “black hat” won. Read the rest of this entry »

Written by Daniel

September 7, 2008 at 9:45 am

Posted in Uncategorized