Corrupt Hive

In stecore invenitur

Ministerial Exception Redux

with 6 comments

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.

Read the rest of this entry »

Advertisements

Written by Daniel

September 8, 2008 at 5:11 pm

Posted in Uncategorized

The Narrative Part II

leave a comment »

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

Thoughts on “The Narrative”

leave a comment »

Peggy Noonan has issued some follow up remarks on her ill-timed on-air remarks yesterday. Sadly, she does not really explicate on her most interesting remark, which is her comment that what she calls “The Narrative” is not at the heart of Republican beliefs. I am going to take a stab at an explanation. Read the rest of this entry »

Written by Daniel

September 4, 2008 at 12:11 pm

Posted in Uncategorized

Was the Palin pick cynical?

with one comment

According to this group of talking heads featuring Peggy “Noodle Head” Noonan (a nickname I gave her back when she was a speech writer for Ronald Reagen,) John McCain’s pick of Sarah Palin was “cynical” and “gimmiky”. I honestly don’t think so; the pick simply reflects the fundamental weakness of the McCain nomination in a political environment hostile to the Republican party. Read the rest of this entry »

Written by Daniel

September 3, 2008 at 3:15 pm

Posted in Uncategorized

Thoughts on Carter

leave a comment »

When Carter was first was decided I only made a brief comment over at Sentencing Law and Policy stating that I agreed with both its method and conclusion. But I actually thought about the case and now that Michael O’Hear has posted his thoughts on the case I am going to expand my remarks.

First, as I have expressed many times, I totally disagree with the pro-intellectual bias that permeates so much of American society. There is no logical or moral reason to treat non-violent crimes any different than violent crimes. Regardless of whether a million dollars was stolen via embezzlement or via armed robbery, the sentences should be identical. If anything, there is a strong case to be made that the non-violent crime is the more reprehensible of the two. Read the rest of this entry »

Written by Daniel

September 2, 2008 at 2:05 pm

Posted in Uncategorized

The Context of Language

with one comment

Collin Miller and I had a little exchange over at EvidenceProgBlog about the nature of the proper test regarding when the “ministerial exception” ends. The New Jersey Appellate Court, in line with several other courts, ruled that the ministerial exception to criminal confessions ends when the minsters says that he or she is no longer able to counsel the individual. Collin agrees with the court; I do not. I believe that the cases that have been decided this way are not sensitive enough to the context in which words are spoken. The time, the place, the mood, and other environmental factors all help the individual determine the meaning and intention of the spoken word. No certainly means no, but “no” to what exactly? For how long? In what place? Read the rest of this entry »

Written by Daniel

August 31, 2008 at 3:33 pm

Posted in Uncategorized