Surplus Jobs in Iowa

Given layoffs on Wall Street and the anemic numbers on the economy released this past week, one might reasonably question whether jobs were an extant commodity at all, much less one in surplus.

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As the adage says, "Fortune sides with him who dares." In this case, the risky die turns favorably for those willing to test their luck in the State of Iowa.

According to the NYT, the Iowa has a bevy of open positions due to the mass exodus of college grads and the rising median age of the state. To wit, as more jobs become available when workers retire, there is a significant shortage of skilled, educated workers to take their place. Iowans are now expected to 'cope' with a shortage of roughly 70,000 workers over the next ten years. Some snarky job-seekers in Cedar Rapids have begun quibbling over whether their places of business have dry cleaning or a Starbucks.

To all of my recently unemployed friends in New York, perhaps bluer skies are found in the 'fly-over' states after all...

I Eat Pain for Breakfast

Not really. But the photo below was featured on one of my favorite websites of late and it was too funny not to share.

The premise of Lolcats is simple:

1. Take a photo of a cat (or other animal).
2. Add a funny caption.

If you are a fan too, you will be pleased to know that the site is update with roughly 10 new photos each day.

Enjoy!

cat
more cat pictures

The Real Obama

With the nomination all but assured to Sen. Obama, CNN has finally decided to run its first investigative story of the primary season on the Democrats' heir apparent.

Unsurprisingly, it isn't pretty.

According to Chicago politicos, not only did Sen. Obama fight dirty during his first run for the Illinois State Senate, but he also did everything in his power to make sure that there was no fight at all. Rather than debating ideas and brining people together, Sen. Obama used party rules to invalidate his competition from running altogether.

[Link]

Apparently, this is Sen. Obama's version of 'new' politics. The Senator champions a "politics of purpose," but the really purpose is just to stack the deck so victory is assured. With odds like these, the Senator's campaign is not so much a call to "hope" as it is a call to certitude.

Some things never change. The plot of this story sounds awfully familiar. I dare say that Democrats in MI and FL would agree.

Still Not a Recession...

Growth was far from robust at 0.9%, but it is still growth.

[Link]

Rescheduling the Party: Republicans and the Road Ahead

In recent days, the Republican Party's eulogy has been re-written more times than Barack Obama's position on Iran. Unsurprisingly, some emboldened liberals have now found the chutzpah to advocate everything from universal health care to normalized relations with Cuba. Positions that were once anathema in American politics have now been recast as rational alternatives to the policies of the Bush Administration.

What gives?

While it is important to consider the source, clues to the answers are found in a recent essay in the New Yorker by George Packer. One of Packer's central arguments is that Republican stalwarts are at loggerheads over the party's wayward bearings. Packer describes two approaches being crafted to right the Party's floundering ship of political fortune:
Among true believers, there are two explanations of why this happened and what it portends. One is the purist version: Bush expanded the size of government and created huge deficits; allowed Republicans in Congress to fatten lobbyists and stuff budgets full of earmarks; tried to foist democracy on a Muslim country; failed to secure the border; and thus won the justified wrath of the American people. This account—shared by Pat Buchanan, the columnist George F. Will, and many Republicans in Congress—has the appeal of asking relatively little of conservatives. They need only to repent of their sins, rid themselves of the neoconservatives who had agitated for the Iraq invasion, and return to first principles

....

The second version—call it reformist—is more painful, because it’s based on the recognition that, though Bush’s fatal incompetence and Rove’s shortsighted tactics hastened the conservative movement’s demise, they didn’t cause it. In this view, conservatism has a more serious problem than self-betrayal: a doctrinaire failure to adapt to new circumstances, new problems.

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Typical of Packer's "true believers" are Oklahoma Senator Tom Coburn, and Fox News personality Sean Hannity. In a recent Wall Street Journal op-ed, Sen. Coburn argued:
Unfortunately, too many in our party are not yet ready to return to the path of limited government...voters are tired of buying a GOP package and finding a big-government liberal agenda inside. What we need is not new advertising, but truth in advertising.

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For Sen. Coburn, the problem with the GOP is not a dearth of ideas but a mis-allocation of priority. Republicans simply need to reclaim the high-road of limited government and fiscal discipline, then all will be well.

Sean Hannity's top ten list of issues echoes a similar refrain. Hannity advocates a mix of foreign policy objectives (including victory in Iraq and securing the border with Mexico), renewed support for tax cuts, and fiscal responsibility. He suggests paying for new tax breaks by eliminating earmarks, though he does not explain how this would help ballooning deficits brought on by entitlement programs. He offers the specter of energy independence as an interesting digression from a traditional mix of conservative policy aims.

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In contrast to Sen. Coburn and Mr. Hannity, former House Speaker Newt Gingrich reasonably typifies the "reformist" view in Packer's essay. His prescription for the GOP assumes that Republicans have fundamentally lost touch with American voters. His solution is for House Republicans to enact an immediate change agenda of their own that speaks to voter angst. The Speaker's solutions focus on a combination of energy initiatives, budge cuts, and wedge issues (English as the official language and judicial appointments) in order to remind voters where true liberals stand with respect to Constitutional interpretation and National pride.

[Link]

As always, the best solutions probably fall somewhere between the two extremes.

While Packer's piece is interesting for its interviews with David Brooks, George Will and the like, my critique is that it does a poor job of corralling the thoughts of current Republican policy makers on the state of the Republican Party. Any changes in the Party platform will ultimately turn upon the ability of these key figures to recognize a major political obstacle and react accordingly. It is suspect, at least, that Mr. Packer did not solicit the views of people with any meaningful authority for his piece. Given this, I am not convinced that the rift between traditionalist Republicans and reformist Republicans is as pronounced as it may appear.

Even if the divisions do exist, the objectives of both camps are not mutually exclusive. In many ways, one view informs the other. It will be difficult for Republican reformists to chart a new course by utterly abandoning the traditional conservative principles of strong national security, fiscal disciple and traditional values that have been mainstays of the Party agenda.

Similarly, it will be very difficult for Republican traditionalists to enact a winning agenda that fails to take into account Americans' hunger for change. Put differently, Americans have different expectations now of their government. If the Republican desire to limit government is taken seriously, then the Party's future will be in part about re-defining what it is that Americans should expect from their government, and why they should have such expectations.

What is clear is that the tired politics of conservative movements past will not usher in a new era of visionary, conservative leadership. This is not a slam against Presidents Reagan or Bush. It is simply a recognition that bold vision rallies individuals. Republicans should neither be myopically shackled to the successes of the Reagan era, nor forever bound to the early tactical errors of the Iraq war. Each conservative bulwark has had its function in its appropriate context. President Reagan famously helped to end the cold war and bring down communism. President Bush's policy choices have kept America safe in the wake of 9/11, and are helping to liberate the Iraqi people from civil and religious tyrants. Perhaps more famously, Americans have witnessed the apotheosis of George Washington; yet, today, no one seriously advocates implementing his policies. Times change. New challenges demand new solutions.

My sense is that Republicans have run afoul of the electorate, not for having fundamentally disagreeable ideas. I believe that the hallmarks of a conservative agenda still resonate with a majority of Americans. Rather, I believe that Republicans have run afoul of the electorate because we have not offered timely ideas in response to some of our Nation's most pressing issues.

Unlike the Packer article suggests, I see no reason why it follows that Republicans are doomed to the political wilderness until we 'find our way.' The GOP won and lost a Congressional majority in two years. The political winds shift. What happened even two months ago now a veritable, political ice age. The problem, in my view, is rather correctable. Republican leaders simply need to create a comprehensive vision for the country that speaks to today's issues. Americans hunger for new ideas, and fresh perspectives on issues that affect them most.

So, what are the issues?

While I will refrain from following Speaker Gingrich and Sean Hannity's top ten lists, I do see five general areas in which the GOP can offering compelling, conservative contrasts with Democrats. I will dub this, Fodder's Fix for the GOP. These suggestions appear below.


Fodder's Fix for the GOP

Energy independence
.
My family can be fairly included among those families dubbed Sam's Club Republicans by Ross Douthat and Reihan Salam of the Atlantic. While they are not working class, they are certainly not among the lower upper class, or even the upper middle class. But they are typical of swing voters who are social conservatives through and through, yet harbor some populist sentiment. In my view, they make up the new backbone of the GOP. In nearly every conversation with the home folks, I hear complaints about rising gas and food prices. This underscores the need for energy independence. Although such a plan might risk upsetting some Republican interests, party leaders must demonstrate real empathy for working Americans by passing a comprehensive energy plan.

This plan should focus on investment in new, greener fuel sources. Tremendous progress, already, has been made in the development of hybrid vehicles here in the United States. But large nations such as Brazil have been experimenting with biofuels as a sustainable energy source for their vehicle fleet for over thirty years. American industry has the technical capability of producing more fuel efficient vehicles. We also have the ability to develop cleaner burning fuels. With prices rising, a nascent market now exists for both. Republican leaders should seize the opportunity to be firm advocates on behalf of the working class in creating investment opportunities and tax incentives for new, greener energy markets.

Realizing that such a strategy is long-term solution (though not so long as one might think), it would behoove Republicans to excoriate Democrats, immediately, for refusing to work in a bipartisan effort to revamp environmental restrictions that inhibit new oil refineries from being built. One of the major problems in the oil market falls on the supply side. Surprisingly, it is not the relative lack of available crude supplies that helps to drive prices higher, but the limited ability of oil companies to refine oil into gasoline for vehicles. To date, Democrats would rather protect the pink salmon than the American consumer feeling the pinch at the pump. Such an argument cuts against liberal, command-control regulation efforts and undermines the Democrats case to America's working class. Were the effort to roll-back restrictions successful and new refineries built, the impact on fuel prices would not be immediate, but it would make a much more powerful contribution to the net decrease in price than would merely rolling back the Federal Gas Tax for the summer.

Pro-Life.
Arguments are often made that American is becoming more socially liberal. Yet recent elections have shown that when conservatives stand firm for traditional values, the majority of Americans agree and are on board. But gay marriage and abortion only speak to one aspect of what it means to be pro-life.

Republicans must come to grasp that being pro-life also means ensuring that American citizens are well-educated and equipped to compete for advanced, technical jobs in the new century. This includes, as Sean Hannity has suggested, championing the fight for school choice in education and promoting vouchers in areas where they can be successful. While solutions like these might mean the reallocation of funding, it does not mean that we should abandon public education. In the vast majority of the country, such a solution would be untenable anyway. For these areas, promoting increased teacher pay, strengthening community college and vo-tech programs, and creating incentives for bright, young Americans to serve their communities through teaching are all steps in the right direction. Education is an investment worth making, and Republicans have ceded the education debate to Democrats for far too long. Conservative leaders must understand the costs of such political disarmament.

Being pro-life also means engaging Democrats, point for point, in the debate on healthcare. America's private healthcare system is the envy of the world precisely because doctors and hospitals have the freedom (and capital) to innovate and experiment with new techniques and procedures that are conducted out of market-based incentives (viz., money). There is nothing wrong with medical innovation for profit. Republicans must combat the notion that nationalized healthcare is better simply because it is a reduced pecuniary alternative to the current system. Quite the contrary, there is nary a success story in the world where large nations have nationalized their healthcare systems. From bloated wait-lists, to shoddy medical service, there are manifold reasons to be concerned with liberal policy solutions for healthcare. In response, Louisiana Governor Bobby Jindal has done some impressive work in finding market-based solutions to the prohibitive costs of healthcare. Some of his ideas can be found here. Suffice it to say, this debate is winnable because government solutions of this magnitude invariably make matters worse, and because market-based solutions empower individuals, not government.

Diversity
.
My reference to Gov. Jindal was a fortuitous transition to my next major policy fix. Republicans have to re-build the Republican coalition. The common perception of the GOP is that it is the party of white, Christians. There is, of course, nothing wrong at all with being a party has significant numbers of both whites and Christians, but it is unfortunate for Republicans to utterly give up on the minority vote. One way to add significant numbers of new party members is through out-reach to minorities across the board. Majority political coalitions are built around being welcoming to large constituencies of voters. Given the popular perception of a white GOP, the addition of any meaningful number of minority voters to the Republican fold will be a marked improvement.

Former RNC Chairman Ken Mehlman's outreach to hispanics was an admirable peradventure. The effort seems to have faded in the wake of last years immigation hullabaloo, and a new RNC leadership team, but hispanics do tend to be conservative. The demographic of conservative minorities, however, is not limited to hispanics. A bevy of minority groups here in the United States are excited to live and contribute to the American workforce and economy. Free-market solutions to policies make the GOP a natural home for many a minority interest. This point seems lost on the current gaggle of Republican leaders. While it is true that Republicans have a strong party base now, the shifting demographics of the country demand that we broaden our appeal. I would submit that Native American interests might also one day find a home in the GOP. Recent efforts by House Democrats to roll back tribal sovereignty have not sat well with tribes across the country. Yet, no obvious effort has been made by Republicans to court tribes and their newly minted lobbying prowess fueled by tribal enterprises and casino dollars.

Arguably, minorities have gradually assumed more meaningful positions of leadership in the Republican Party than among our friends across the aisle. Recently, Republicans have appointed the first black Secretary of State, the first hispanic Attorney General, and elected the first Indian American Governor in U.S. history. Yet, we routinely brush our record of diversity under the rug, and assume minorities simply will not vote Republican. This assumption is unfortunate. If our governing majority is to regain power and permanence, Republicans must look for ways to expand the base of the party. We must actively recruit minority candidates to compete in minority-majority districts. We must convene minority leaders within the Republican Party to discuss meaningful ways to reach-out to minority communities.

In sum, Republicans have to embrace the fact that diversity is not a dirty word. While it is a word that has been hijacked by the far-left, if we are able to move beyond the stereo-type, then it will make our party all the stronger. Part of this will require faith in our ideas. The Republican pillars of free-markets, family values, and strong national security are bulwarks of the party because they transcend economic background and race. Our ideas can be compelling to communities that have not traditionally supported us, if we will only take the time to make our case to them- just as we make our case to a variety of interests during each and every election cycle.

National Security
.
While Americans have grown war-weary, the recent success of the surge has seen the issue slip from the headlines. Some commentators now suggest that the war in Iraq will not be a major campaign issue this fall. With Sen. Obama's appeasement gaffes mounting on Iran, Republicans should force the issue of readiness to govern and champion security policies that have kept America safe. In turn, we should highlight the success of the Iraq surge strategy (one long declared dead by the likes of Democrat leaders). This will underscore Republican readiness to govern as compared with Sen. Obama's profound inexperience. Americans want to win the war in Iraq, but they want to know that the war is winnable and that there is a clear resolution to the prolonged conflict. Weak communication of this point has sorely hurt the GOP. Republicans need to articulate a clear policy that provides a solution-oriented view of the problem to the American people.

A second aspect of National Security means securing our southern border. Most Americans agree that it is important to first secure the border before discussions of comprehensive immigration reform can occur. I am not sure that these need to happen in isolation- though some of my Republican friends clearly think otherwise. My sense of the matter is that both can occur but that our priority should be to secure the border before we broach more controversial topics. To accomplish this goal, both sides must be willing to cede some ground. Securing the border may require the political agreement to pass a path to citizenship for those immigrants who are already here. On the other hand, a path to citizenship should not be entertained without a firm commitment to secure the border. This may seem to be a tautology but it accurately reflects the political state of things. Americans should also be very realistic about the costs. I would submit that having a secure border is worth the investment. There is, perhaps, room for disagreement on this point. But voters will appreciate an honest assessment rather than double-talk and buck passing.

Fiscal Responsibility
.
Given the discussion of costs, fiscal responsibility is the final policy area in which I foresee the GOP making significant headway en route to a new Party agenda. The traditionalist view would rather focus exclusively on this area while ignoring the other four. I believe this is a mistake. One of the obligations of governance is a willingness to handle errant problems as they become issues. Ignoring these other areas is a major concession to Democrats.

But focusing on policy solutions is not tantamount to a blank check for additional government spending. Some Republican constituencies are the biggest benefactors of Congressional earmarks. Mr. Gingrich has suggested that Republicans address the issue by challenging Democrats to a year-long moratorium on earmarks. This is not a bad idea for House Republicans to consider. It allows them to offer a mea culpa for their porky sins and enables them to challenge Democrats to a game they can't win.

Sen. Coburn has suggested that there is some $300 Billion in wasteful government spending that can be cut from the federal budget each year. He also suggests Congress commit itself to producing a balanced budget. Both of these ideas have merit and are worth considering.

Ultimately, solutions for America's voracious government spending lie with the will of America's leaders to tighten the belt and set meaningful spending targets. This requires a willingness to prioritize and upset some constituencies. My suggestions reflect what I think are the Nation's most pressing priorities. If Republicans are serious about fiscal discipline, they will have to conduct a similar cost analysis going forward. New disciplines invariably come with a little pain and by the sweat of the brow. But America's fiscal preeminence requires such a new commitment from government to its people.





One critique I anticipate as a result of Fodder's Fix for the GOP is that it deploys a bit of Monday morning quarterbacking. Granted, some of the suggestions I put forward are reasonable with the benefit of hindsight. My response is that this is true of all vision setting. We simply make the best choices we can with the information available and hope for an efficacious outcome. The current policy quandary in which the GOP finds itself did not happen rapidly but gradually. It will take a similar gradual focus to implement the suggestions I have outlined above. Even so, I believe that these are the pillars for a winning platform provided Republicans are willing to commit to charting a new course.

I also recognize that the solutions I suggest will require a tremendous amount of human capital and some degree of political risk. Some of the suggestions have never been championed by Republicans at all. This tension is to be expected. Big ideas are controversial. But Republicans must avoid solutions that are mired in the past and not forward looking. Ours should be the most positive and most optimistic agenda in American politics because our solutions aim to empower individuals, not government.

In sum, conservatism, though much maligned, is far from dead. Its future depends on the degree to which we accept the present gauntlet. Though the challenge for new vision is far from simple, it is one the Republican Party should no longer deny. As the Proverbs note, where there is no vision the people perish.

More in the GOP Veepstakes

As promised, my list of solutions for an ailing Republican brand is set for release tomorrow.

Other than procrastination, I reason that the delay occurred because I couldn't possibly compete with the release of Scott McClellan's new book. Oddly, disgruntled workers who turned in sub-par performances earn significantly more attention than positive solutions for a party that needs it.

Go figure.

Anyway, I thought the link below was timely after Sen. McCain's bbq with potential Vice-Presidents.

In brief, Townhall's Michael Medved likes Bobby Jindal.

[Link]

Gay Marriage and Full Faith and Credit

With California's ruling on gay marriage last week, it was only a matter of time before the full faith and credit issue arose.

Today, New York Governor David Patterson issued a State directive to agencies within the Empire State to revamp policies to recognize gay unions from other states.

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While an exception for State public policy has traditionally been on point at the Federal level, it was exactly this exception that was left in doubt by the Supreme Court's ruling in Lawrence v. Texas.

For most New Yorkers the Governor's decision will likely provide little consternation. Should courts or Governors in other states adopt similar measures, the transition might be less than welcomed.

Obama Sees Dead People

The press has had an eight-year heyday calling to attention roughly every misspeak uttered by President Bush. In the 2008 Democrat primaries, it has been reluctant to oblige us with the same treatment of Sen. Obama.

Since the press has utterly failed in this regard, the blogs have been keeping the Senator honest. The best gaffe of the weekened, by far, is found in the excerpt below flagged by Hotair.com:
[Sen. Obama said,] On this Memorial Day, as our nation honors its unbroken line of fallen heroes — and I see many of them in the audience here today — our sense of patriotism is particularly strong.

Does Obama see dead people? Coming from Chicago, one might be tempted to joke that they would form a natural portion of his constituency, but obviously Obama confused this with Veterans Day, which honors our living veterans of war.

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After so somber a day, I suppose everyone needs a guffaw. It is only too bad the Senator did not wait a day before making so silly a comment.

Obama Flip Flops on US Diplomacy

Last week Sen. Obama was willing to meet with any of America's enemies without precondition.

This week he isn't so sure.

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Sen. Obama's flip-flop on American diplomacy offers two cautions to keep in mind during the upcoming Presidential election:

First, leadership requires nuance. Some relationships with other states require a no-preconditions approach like the Senator articulated. Other relationships require a firmer line. For Sen. Obama to announce a blanket, de facto policy of meetings without preconditions demonstrates a severe lack of judgment.

Second, there are no foreign policy mulligans. While it may be politically advantageous for Sen. Obama to ditch an unfortunate position on a relatively trivial issues (like placing polar bears on the endangered species list), it is quite another to suddenly shift one's philosophy on meeting with other Nation-states.

Here, Sen. Obama's shift is actually just as damaging as his initial statement. Not only does the Senator's position reveal a certain degree of naiveté, but it also demonstrates that the junior senator has no true north guiding his foreign policy decisions.

Sen. Coburn's GOP Fix

My post on the state of the GOP and my thoughts on the future of the party is still in the works.

For now, it seems appropriate to flag the Wall Street Journal Op-ed by Oklahoma Senator Tom Coburn as a paradigmatic example of one approach to the party fix:
What we need is not new advertising, but truth in advertising.

[Link]

The crux of Senator Coburn's argument is that the GOP needs to regain the high-ground of fiscal discipline, to reign in spending, and to cut government largess to the tune of $300 billion annually.

This could be. Perhaps the solution to the GOP ailment is exactly as Sen. Coburn says. Republicans need to double-down on small government, fiscal discipline, and strong National Security- the tradtional hallmarks of a conservative agenda- and all will be well once again.

It could be that Sen. Coburn's truth-in-advertising approach is only part of a solution- one that must be wed to new commitments on emergent policy issues such as securing the border, environmental stewardship and energy independence. Perhaps melding the old with the new is the way to achieve a governing majority.

It might also be that Sen. Coburn is dead wrong. Maybe Americans have had enough with Republican skepticism of government. Perhaps we really are witnessing a watershed transition in American politics, and Barack Obama's big government message of change is the resounding majority, perspective shared by most Americans and our friends in France. American Neoliberalism at its finest.

My take on the matter will be revealed in the up-coming GOP solutions post.

To be continued...

Memorial Day

No politics today. Instead, we remember all those who have answered the ultimate call of duty. From Pax Plena to you, thank you for your service to our Nation.

Cindy McCain's Taxes

The left has howled and vilified Mrs. Cindy McCain for refusing to release her tax information on privacy concerns. Today, Mrs. McCain compromised her privacy as the left demanded, and made her tax information available to the public.

But she might well have never made the release at all.

Crickets make more noise than the left has over her disclosure. I suspect this is the case because the records reveal exactly what everyone already knew. Mrs. McCain is a wealthy woman (to the tune of some six million in earned income last year. Roughly 1/3 went to taxes). But her life is far from opulent.

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Sen. McCain also released his medical information earlier today. Once again, no reaction from the left. Why? Well, the Senator is in good health according to doctors from the Mayo Clinic. Strangely, no calls have been made for Sens. Clinton and Obama to release their health records. Ageism? You decide.

Slate: Vote for Obama Out of Liberal Guilt

Is this really the message team Obama hopes to get out? Yes, according to Slate Magazine's Ron Rosenbaum.

The crux of the article is the following:
Since when has guilt become shameful? Since when is shame shameful when it's shame about a four-centuries-long historical crime? Not one of us is a slave owner today, segregation is no longer enshrined in law, and there are fewer overt racists than before, but if we want to praise America's virtues, we have to concede—and feel guilty about—America's sins, else we praise a false god, a golden calf, a whited sepulcher, a Potemkin village of virtue.

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To be sure, slavery was a shameful thing. The mass destruction and property takings of Native Americans was also a shameful thing. But no one of either party is leading the Pro-Slave Caucus in the United States Congress, and as the article notes, there are no slave holders among us.

The issue is not that guilt over slavery is shameful, but that liberal guilt is misguided. Politically, there is no optimism in a liberal vision for the country that requires guilt for the sins of the Antebellum era. Yet the author's point seems to be that Americans today must feel sorry for these centuries-old evils if we are to honestly celebrate America's virtue.

The problem with the argument is its logical incongruity. Being sorry for an action only follows if one is actually guilty of the act. A simple illustration of what Mr. Rosenbaum advocates would be for an individual to feel guilty because his neighbor's house was robbed though he had nothing to do with the robbery. Americans have plenty to celebrate without Mr. Rosenbaum's call for national self-flagellation.

Ours is not a perfect Nation. But it is less imperfect than some, and more forward looking than most.

The unfortunate part of the article, aside from its foolish premise, is that the Obama Campaign has worked hard to put such notions to rest. To his credit, the Senator routinely talks about his vision for the country (frightening though it is), and he speaks of an America where the possibilities are limitless (which they are).

Aside from his questionable affiliation with Rev. Wright, I cannot say that Sen. Obama has worked especially hard to cultivate liberal guilt at all. This is not to say that liberals will not vote for the Senator as a result of such misguided feelings. If Slate has the pulse of its liberal readership, I suspect many liberals probably will vote for Sen. Obama precisely out of such guilt. But it remains the case that Obama has not sought to conjure up such emotions to benefit his run for office.

The Obama team seems to recongnize, as a rule, that guilt of any kind tends not to fly very well as a political issue, Mr. Rosenbaum's obvious disagreement notwithstanding.

Some Thoughts on Law School

The early part of my week found me zig-zagging through downtown Tucson en route to the Arizona Superior Courthouse. When finally I managed to snag a parking space, I exited my truck and was immediately greeted by an oven-like blast from the scorching heat of the blacktop. The reason for this unusual diversion was a brief meeting with Courthouse staff regarding my summer clerkship.

The events of this morning remind me how much my life has changed in the past year. While it is normally my want to avoid the types of personal posts that are more typical of a Xanga page, I think a brief summary of my thoughts at so seminal a moment are worth a slight digression from our usual fare of social commentary and political analysis. Besides, with the temperature easily in triple digits, I have no designs for leaving the cool of my Starbucks perch and traversing the desert plane that is the parking lot.

One of the more interesting aspects of the past year, after having read hundreds of court opinions, is the nature of legal disagreements. On the appellate level, the majority of differences in legal interpretation are fundamental. Even while joe-public hears somewhat of disparate legal philosophies in political debates on judicial appointments, the matter is more complicated than CNN would have us to believe (surprising, I know). The matter does not turn simply on whether a judge is politically liberal or conservative (I would offer that the correlation is spurious; philosophy actually drives politics). The matter really hinges on how a judge interprets statutes, or caselaw (opinion precedent). Perhaps this is intuitive for many, but I think it is an important distinction worth exploring at some length. At risk of being overly simplistic, there are basically two common trends in judicial philosophy.

In the first, a judge can look to the actual text of a document in order to divine the meaning of the constitution, statute, regulation, contract, deed, will, etc... From the nature of the language, and plain meaning of the words used in the document, a judge will then make a ruling on the particular legal issue. The second philosophy is markedly different. There, a judge will look to the legislative history, or the purpose behind any given statute or precedent in order to determine the broader meaning of the language. The text is not read within the relatively narrow confines of the meaning given to the document by its words, but within the broader context of the purpose the document aimed to convey. The result of these conflicting views has produced some of the most heated legal debates of our day.

While I do not think that differences in judicial philosophy are inherently political, it is not difficult to see how one’s politics can be informed by legal philosophy. Let us assume, for the sake of argument, that liberals are more comfortable with government solutions to social problems. Given this, the second approach is simply an extension of the norm. Seeking the purpose behind a legal document is consistent with liberalism, generally, because it aims to provide a purpose for government action. The document is presumed living and malleable. This makes it much easier to create social policies through judicial interpretation—as was the case recently in CA. By contrast, let us assume that conservatives are more skeptical of government solutions and that they believe social problems are better handled in the private sector than in the public. The first approach is consistent with conservatism because the language of the legal document will be tempered by the plain meaning of the words and little more. The solution such a philosophy would create is, necessarily, a limitation of government rather than a validation of government purpose. The text means what it says. The purview of government is constrained by the limitation of the document’s words. This explanation, admittedly, borders on an over-simplification. But I think it illustrates that disparate approaches to judicial philosophy are not inherently political, though they do tend to fall along the broader parameters of one’s world view. Of course, a world view often indicates one’s partisan predilections. If we understand that it is world view/philosophy and not acrimony that motivates individuals, I think it is easier to be tolerant of those with whom we disagree. We need not back down from our position. We simply need to understand and embrace their right to a particular view.

A second, striking aspect of law school has been the educational process itself. Critiquing its pedagogy, I would say it has been interesting in that we are gaining a massive amount of new information, but also unfortunate. It has been unfortunate in the sense that we read so many edited opinions to address the particular subject matter we are exploring in class. A more useful skill would be for law students to read un-edited opinions and make sense of the important parts for ourselves. This has been discussed at length on another, famous legal blog but I believe that discussion to be mostly correct. This is approach to teaching would be truer to practice once law school ends. The downside is that it might be untenable given the sheer amount of material covered in the first year. For first-year students, there is little in the way of academic flexibility. This is true at most law schools and simply part of the hazing. But having left an academically rich environment at Dartmouth, for one of academic conscription, it was difficult having to sit in bloated, first-year classes and learn about areas of law that hold absolutely no interest to me. I also feel that the first year provided little insight into my eventual practice area. This year we had courses in Contract Law, Constitutional Law, Civil Procedure, Torts, Criminal Procedure, Property Law, The Regulatory State, and Legal Writing & Research. Of course, this is not the full range of legal practice areas, but I feel that after a year in the fire I should have a better of idea of what I would like to do. Next year we will have greater flexibility in the course we select. My schedule will include courses in Trade & Globalization (taught by a former Congressman), Federal Indian Law, Evidence, Water Law, and Persuasive Communication. I expect these will shed some more light on the mystery. For now, the mantra is patience.

Third, the personalities attracted to the legal profession are every bit the stereo-types conjured up by legal sitcoms and Hollywood. In fact, there is a certain degree of pride taken by the majority of my classmates in their type-A dispositions. This is not to say we are all social misfits. Only most of us are. (Only kidding, friends). I will leave social appraisals of myself to others, but regarding my disposition, I am not sure where I fit in the mix. In some ways, my mind is well suited for law school. I enjoy dissecting arguments. I love debate. If I may indulge my fancy, I think I would rather make a decent litigator some day. But in other ways, I realize that my temperament is less in the details and more in the big picture. I enjoy planning, organizing and vision setting. These are the areas in which I have traditionally excelled. I suppose the two are not mutually exclusive, but it is amusing to see one aspect of my personality being hyper-developed while the other looks for grounding. It is a bit like developing the biceps of one arm, and doing nothing for the other. To counter this trend, I hope to use my involvement in student organizations as a means of tempering the legal development I am getting. As iron sharpens iron so the Proverbs say. I should also add that while Arizona is not a top-twenty law school, I have been more than impressed by the caliber of students that are attracted to our citadel in the desert. Our Dean said during orientation that we will one day be the leaders of Arizona’s legal community. Given some of my classmates, I wonder if I should fear for Arizona’s future. But the vast majority of them are eminently capable. Of course, this means that law school has been a tremendous challenge. The competition level is high. Those who are committed to competition, take the work seriously. It becomes a strain to bring the A-game day in, day out. Of course, this would be true anywhere. If excellence were easy, mediocrity would not be so common.

If I were forced to conclude what the hardest part about law school has been, I would say it has been adjusting to Arizona. Odd that the location has relatively little to do with the education I am receiving, but this has been the hardest part for me. When I lived in the Northeast, although I complained, and longed for Oklahoma, I had more or less become accustomed to the pace of life and temperament of the people there. Simply, after having spent six years in New England, the foreign became the familiar. Arizona is now the new foreign and adjusting to the region has been a challenge. But even this experience has taught me much. Looking back on my New England exodus, I am amazed at how diverse and different our Nation really is. The people, values and temperament of the Northeast could not be more different from the people, values and temperament of the Southwest. And both are different from my much beloved home state. It has taken a while to reach this point, but I think that this is probably a good thing- though it has not been an easy one to grasp. It is always a bit difficult leaving the safe confines of home for want of something new. But I think I am gradually learning St. Paul’s point in his letter to the Philippians: I have learned in whatever situation I am to be content. (Phil. 4.11b).

To sum up what looks to be a very long post, my first year of law school has passed. I have gone through the fire. I am still here. As I often remark of this time in life, change is the only constant and this has been true of Tucson as well as Boston. When I consider the people who have entered and exited my life, from Walters, to Boston, I realize that amid the turbulence of upset relationships the Lord’s mercies abide. While there are a bevy of things in the past that are hard to make sense of even now, and while life has produced the inevitable unanswered question, it occurs to me that trying to make sense of the past is an impediment to embracing the here and now. The wisdom of Solomon tells me that these changes in life are nothing new under the sun. And so, with one year down and a full summer ahead, I think the wise course is to appreciate the present- although I will never fully part company with memories of the past, try though I may. If we gain our lives by endurance (Luke 21.19), then our lot is to trust that all will work out and that we will accomplish our purpose by virtue of our patience and perseverance. This certainly is no novel concept. But for people like me who tend to micro-manage, it is a departure from the norm to embrace the call just to just be- no questions asked.

McCain's Memorial Day Guests

Funny how Sen. McCain's Memorial Day guest list reads a lot like a VP shortlist:
Bobby Jindal, Governor of Louisiana
Charlie Crist, Governor of Florida
Mitt Romney, Ex-Governor of Massachusetts

Link

Here is a quick rundown of their respective pros/cons.


Bobby Jindal, Governor of Louisiana

Pros: Charisma. Idealism. Youth. Family values. Gov. Jindal brings a fresh perspective to an ailing GOP identity. His can-do approach to ethics reform in Louisiana has already earned him the praise of both Democrats and Republicans. If the GOP is interested in highlighting its commitment to diversity, and in bringing new, young voters to the party, Gov. Jindal is a wise selection. The Governor's pronounced commitment to his faith could also help assuage religious conservatives who still do not trust the GOP Nominee.

Cons: Gov. Jindal has been governor all of one term. While it is true he has had an impressive career in the House of Representatives, it will be difficult to champion his executive experience, and readiness to be President.

Prediction: Gov. Jindal's pitfalls when pitted against the resume of Sen. Obama, suddenly shrink away. Democrats would be hard pressed to attack him on experience grounds precisely because their nominee is bereft of any meaningful accomplishment. I think Jindal would be a smart choice, if Sen. McCain is seriously committed to re-branding the party.


Charlie Crist, Governor of Florida

Pros
: Governor Crist's ascent up the VP sweepstakes can be summed up in one word: Florida. Gov. Crist is an amazingly popular Republican Governor of a key, swing state. Thanks largely to Crist's efforts, Senator McCain mounted a late surge to win the FL primary comfortably. Suffice it to say, McCain owes him one. On the other hand, Governor Crist has a strong claim to the ticket spot in his own right. He has built an admirable record of bipartisan accomplishment within the state that has earned him the endearment of many a Floridian. His executive bona fides would be almost without question.

Cons: No one outside of Florida has really heard of Charlie Crist. Last word out of the Sunshine State was that Jeb Bush left office. Also, given the Governor's popularity in the state is it unclear that he brings much to the ticket. Assuming Gov. Crist's influence is strong, he might well tip FL red regardless of whether he appears on the ballot or not.

Prediction: Gov. Crist's ability to bring along Florida may prove too attractive an option for Sen. McCain to pass up. The two men seem to get along well, and Gov. Crist is mostly palatable to the GOP base. Sometimes the VP pick is simply selecting the least of evils.


Mitt Romney, Ex-Governor of Massachusetts

Pros: Gov. Romney brings to the ticket the firm support of the Republican Party's fiscal conservative wing. Of all the candidates, Gov. Romney was the lone contender to be warmly embraced by the Washington, GOP establishment. A millionaire many times over, the Governor also brings an impressive fundraising machine to a McCain campaign that badly needs to raise prodigious amounts of money to compete with Sen. Obama.

Cons: Gov. Romney and Sen. McCain do not like each other. Their scraps during the primary are the stuff of political lore. The McCain and Huckabee camps even went so far as to conspire against Gov. Romney in the West Virginia primary. In a race where momentum is everything, Romney lost (thanks to McCain defectors to Huck) and would call it quits, soon thereafter. Gov. Romney also does little to allay the fears of the Republican's Evangelical base. Evangelicals were skeptical of Gov. Romney all along and most of the movement's big wigs eventually came around to supporting Mike Huckabee as a result. McCain needs to shore up support among these groups and Romney does little to aid the effort.

Prediction: My gut tells me that the wounds are too deep for these two to kiss and make up. Their acrimony toward one another were obvious on the trail. Given bad blood, and Romney's minuses, I think the costs of having Romney on-board outweigh the benefits. Then again, stranger things have happened. Sen. McCain could use Romney's fiscal prowess, and his fundraising abilities couldn't hurt either. I just don't see it happening.

The Military and the Ivy League

The article below about Harvard University's treatment of America's armed forces leaves me more than a bit distressed. Politics should have no place in celebrating a soldier's service.

[Link]

Lest our readers get the wrong idea about the Ivies, I am proud to offer my alma mater as a foil for the folks down in Cambridge. I differ with Dartmouth President Jim Wright on a number of fronts, but his commitment to our veterans is both decent and admirable.

[Link]

Correction Needed: Obama Not Adopted by Native Americans

The New York Times is normally a bulwark for political correctness. But it seems the value is conveniently ignored when applied to liberal causes. Today's headline on the NYT's "The Caucus" blog read:
Obama Adopted by Native Americans

A correction to the story is sorely lacking. Barack Obama was not adopted by "Native Americans." He was adopted by a single Native American tribe out in the wilds of Montana. To say anything more than this, or to fail in clarifying the ambiguity of the headline speaks to an unfortunate presumption on the part of the New York Times.

Simply, all tribes are not the same.

[Link]

Obama's New Distraction: Michelle Obama

Democrat heir-apparent, Sen. Barack Obama took Tennessee Republicans to task for airing an ad that prominently featured his wife Michelle. It may seem odd that the spouse of a Presidential aspirant would be featured prominently in a political video, but Mrs. Obama's remarks are by now notorious. While on the attack for her husband at a WI rally, Mrs. Obama said:
For the first time in my adult life, I am proud of my country.

Today, the Obama camp took issue with the Tennessee GOP for its use of his wife's remarks. The Senator's message was typical of his much lauded eloquence:
Lay off my wife.

[Link]

I suppose it would be unrealistic to say that the Senator should not be upset. For better or worse, the spouses of politicians inevitably become embroiled in the very campaigns consuming the politicians themselves. I think it is simply a natural reaction to get upset when a loved one becomes the target of political fire.

But Sen. Obama has much less righteous indignation to unleash in the case of his wife than other candidates might have in a similar situation. Mrs. Obama has been an attack dog on the campaign trail from the moment "hope" became cliche. She has openly attacked Republicans at every turn. If the Obama campaign did not wish for Republicans to make a political issue of Michelle Obama, then Michelle Obama should not have made herself a political issue. Similarly, if team Obama did not want Michelle Obama attacked, then it Mrs. Obama should not have been on the attack in the first place.

Since this was not the case, her comments are fair game.

Given the potential First Lady's new found pride in America, it is not a stretch to further inquire as to why pride in the United States has hitherto been so difficult for Michelle Obama to stomach.

The TN GOP video featuring Mrs. Obama appears below.

Google M.D.

This is a terrible idea.

[Link]

No One Cared for 35 Years

Having finished up my 1L year here in Tucson, I have a number of thoughts on law school that I will save for a post to be up within the next couple of days (maybe even tomorrow).

But for now, I want to flag the link below for your attention. The title above is actually the true story of a woman in Zagreb, Croatia. There, the mummified remains of Ms. Hedviga Golik were found in her apartment, roughly 35 years after her death in 1973.

[Link]

Neighbors said they thought she went abroad. But, in fact, they never really missed her. No family has come forward to claim her body.

The story is sad for obvious reasons. It must have been a lonely existence for Ms. Golik. Her death, in many ways, was merely an extension of her life. As a result, some journalists have used the story to argue that urban society has become increasingly alienated.

As a twenty-something, living alone in a city away from home, I would say this is mostly true. In fact, for my first few weeks alone here in the apartment, I had a perverse fear that if were I to fall in the shower and my life should end, my body might go undiscovered indefinitely.

Fortunately, dear readers, I realize now that I have no reason to ever worry that my lot will be cast with Ms. Golik's.

I realized this week that the wonderful staff here conducts quarterly apartment inspections. So, even if I were to go missing for a few weeks, my wait would be on the order of months, not 35 years.

A comforting thought, indeed.

Song of the Week: The Imperial March

In hopes of numbing the pain of finals, I recently watched all six episodes of the Star Wars saga for the first time (ever). I had my doubts. How could something parodied by every comedian since Gary Coleman be worth its social billing?

Nevertheless, I was pleasantly surprised. The stalwart cultural franchise was well worth the time invested. But what struck me most in the wake was the saga's score by John Williams- particularly The Imperial March. So much so, that The Imperial March easily earns the title, Pax Plena Song of the Week.

For those in need of motivation to study, open up iTunes. Download the song. Put the track on repeat. Listen to it while en route to your exam. The effect is almost like navigating an Imperial Star Destroyer in traffic. The tune should be enough to set you on attack mode as you prepare to annihilate the test (or your prof).

What makes The Imperial March interesting is John Williams' adept use of leitmotif in crafting the score. Every time Darth Vader appears on screen some variation of The Imperial March melody is played. Of course, the same is true for other characters but their tunes are not nearly so frightening.

Here's why: the famous, opening melody of the song does a fantastic job of blending the introductory chords with the subsequent chords in a mini-crescendo. These initial sounds are then contrasted with the quiet strains that follow in the middle. Naturally, the two melodies regroup after the pianissamo movement to engage in a bit of musical banter while building to a powerful crescendo at the end. The final product is the sheer terror of sound when the melody concludes. It almost makes you fear for Captain Needa's life. No other song in the entire series is so powerful.

One quirky point of note: Many have disagreed with me (even those who have been recent guests in the viewing), but whenever I listen to The Imperial March I hear the Mary Poppins tune in the second movement of the song. For those who recall this embarrassing movie of youth, the words from Mary Poppins that I hear in The Imperial March are "a spoonful of sugar makes the medicine go down, the medicine go down." Does anyone else hear it?

At least one other person does...

Enjoy!



Darth Vader meets Mary Poppins?

Darth Poppins

Moving Beyond God

Naturally, as a believer the headline above seems to me an inherent contradiction given the infinitude of the Divine. Nevertheless, it fairly, succinctly sums up David Brooks' latest column in the New York Times.

The crux of Mr. Brooks' argument is that the scientific revolution currently embroiling our public conversation will do much to shape religious and philosophical discourse for years to come. More specifically, we will soon move beyond the elementary debate of whether God exists, to the more sophisticated debate of whether the sacred can exist in isolation from the social construct of religious institutions.

[Link]

Having a good many friends of both religious and a-religious perspectives, I would say that Mr. Brooks' point is well-taken. And precisely because it is well-taken, one can argue that the point states nothing novel. After all, there is nothing new under the sun.

If we deploy the hindsight of history, the battle of Constantinople of 1453 prompted similar reactions when Muslim and Christian worlds collided. As a result of the Byzantine Empire's fall, theologians and philosophers alike predicted the apocalypse, and both sides bemoaned the new world which would be the product of their debates. Some 510 years later, Turkey would join its former Christian enemies as an associate member of the European Union.

Similar reactions occurred in response to Martin Luther's 95 Theses in 1517. In the emerging Western World, the theological musings of a monk with pluck sparked a religious reformation that created lasting permutations extending even unto the present. Deny it though they may, America's largest Evangelical congregations owe their existence, at least in part, to the monk of Wittenberg (a law school drop out).

I mention these seminal events simply to illustrate that theological and philosophical watersheds have both waxed and waned with tremendous alacrity. The debate between the secular and the sacred must be viewed against the backdrop of history. Lest we are to craft an overly inflated perspective of our place in time and accord it more than it is due.

That said, I agree with Mr. Brooks that new debates will contribute much to our current theological and philosophical explorations. The simple caution he neglects to mention is that the value of the contribution remains to be seen.

Life and Love in Saudi Arabia

Whenever I complain about the slow death law school has waged on my social life, I can always be thankful that I am not on the dating scene in Riyadh.

[Link]

If a phone call to an unrelated woman constitutes an affront to religious propriety, then imagine the Saudi reaction to your typical, American university on a Friday night...

Kind of makes me miss undergrad.

Slate Embraces Originalism

Sure, they claim to be 'unpersuaded' but with a conclusion like this it is difficult for the folks at Slate to backtrack:
Without a really compelling legal theory from the court's liberals, and with his new willingness to be open and expansive for the cameras, it was virtually guaranteed that once Scalia uncorked his considerable charisma, his constitutional methods would appear to be the most plausible approach, if not the only one. Scalia has mastered the art of persuading by simply being. If that isn't a chapter in his new book, it should be.

[Link]

And all it took was a book tour. Nino, what took you so long?

66-23

Hillary Clinton's lead over Sen. Barack Obama in West Virginia by percentage.

[Link]

The pundits and talking heads have been quick to dismiss Sen. Clinton this past week after her showing in IN and NC. Understandably, my friends on the left would like to call the game on account of rain sooner rather than later. Hence, the talk this week of unifying the Democrat Party coming from team Obama.

But what makes the Dems dilemma interesting is the degree to which whole factions of the party have been reluctant to join Sen. Obama's cause, much to the chagrin of some party loyalists. In turn, the true pragmatists are maintaining their reservations pointing to the likes of perennial loser George McGovern (a johnny-come-lately to the Obama campaign) and Michael Dukakis as examples of their concern; the inference being that they would rather build a broader, winnable coalition behind Sen. Clinton in November than one on the backed by the far-left. Sen. Clinton's lead over John McCain in most battleground states helps to fan the flames. Sen. Obama notably trails Sen. McCain in both FL and OH, though admittedly much ground remains between now and November.

In truth, Sen. Obama probably should have won big in NC. Blacks broke for the Senator 13-1 and made up roughly 1/3 of the electorate. And Sen. Clinton probably should have eked out a victory in IN where white voters in general backed her on the order of about 60%.

But questions remain for the current front-runner.

The situation was summed up best by Clinton strategist Paul Begala who said, Democrats can't win with "eggheads and African-Americans." Were awards given for one-liners, this would be among the Democrats' best. Naturally, Begala took a bit of heat for his comments, but aside from being a bit coarse, I do not think they were a stretch. Sen. Clinton polls especially well among the same blue-collar, white Democrats that broke for President Reagan in the 1980 and 1984 elections. Big wins in WV and KY will only increase the questions.

For now, I think the only fair conclusion one can draw from recent numbers are that the primaries pretty much fell as one might expect. If primaries in WV and KY also fall as expected, then Democrats are, indeed, in a pickle. Do they pick the candidate that appeals to their baser idealism (Sen. Obama could well claim a clear majority of delegates too)? Or do they go with the candidate that has the best chance of winning?

Here's hoping they pick the former. When you've visited 57 states, I think you deserve a shot at the nomination.

The Rev. Wright Rap

Perhaps it's the exams talking, but this is easily the funniest thing I've seen all week.

Watch the video below of this Barack-star and see just who put the "O" in Obama.



Courtesy of the UNC-W CRs. Nice job, guys.

Why Obama Lost Indiana

If you ask some Obama supporters why the Senator lost the Hoosier State, they offer two words:

Rush Limbaugh.

[Link]

The left's paranoia will never cease to amaze me.

Song of the Week: Come On Joe

George Strait has proven to be the best medicine for the gloom of finals. I can't say why but there's really just something about his brand of country music that delivers a great back drop for studying.

It's kind of like being at home in Oklahoma, but not really.

Anyway, for the musically inclined but academically afflicted, the Pax Plena song of the week delivers the perfect ambiance while cracking the books. For the deep southerners, it might even remind you of a night on the bayou.

In terms of lyrics, I won't belabor what should rightfully be listened to, but I will quickly add that the lyrics tell a fun if not morose story. It goes to show, one never knows what to expect on a 'six pack high' and a full moon.

Direct from George Strait's top country album in 2006, It Just Comes Natural, please enjoy the Pax Plena Song of the Week, Come on Joe.

Lyrics and goodies follow after the jump.



Come on Joe
by George Strait

Well, it's a long, hot night
And the stars are shining kinda extra bright
Sitting on the back porch glidin'
Whetting my appetite

Well, I'm a six-pack high
And start missing the light of my baby's eyes
Wasn't it beautiful, the kind of a soul they said would never die

Well, it's muggy in the shack
And the backwoods are black
'Cause the clouds hid the moon away
The light from my cigarette flickers in the dark
The only way she knows I'm here
Then suddenly the sounds of the fiddles and accordions
Sweetly begin to play and I can almost hear her sweet voice say

Chorus:
Come on Joe, just count to ten
Pull yourself together again
And come on Joe, you gotta get hold of this mood you're in
Come on Joe, you gotta be strong
You're still young and life goes on to carry on
'Til we're together again

Hey, I know she's right
But it's hard to fight when you're hurtin' so
I tried to walk out of that door before but I just can't go
With the tears and the laughter in every rafter in every room
Wasn't it beautiful
Wasn't it the kind of happiness and glow

Chorus

Come on Joe
Hey, come on Joe
To carry on 'til we're together again

Addendum: If you need a bit of hilarity on your Wednesday, check out the country line dance video to the Pax Plena song of the week below. Aside from the first thirty seconds where the instructor stands there awkwardly, it's really not a bad lesson.

What's the catch? This "muziek" video is in Dutch so it could be a drop difficult to understand! Country line dancing in Amsterdam? Fair enough. I guess they're no worse at dancing in Amsterdam than the beginners are back in Dallas.

Are You a Xobni ?

You might be before the year is out.

A new software company named Xonbi (in-box backward, get it?) has developed a useful tool for corralling much of the cumbersome data that makes your Microsoft Outlook so darn slow.

Armed with a little primary investment cash, and a new CEO the company has its sights on larger ambitions, assuming Microsoft does not buy the new company first:
Mr. Bonforte [CEO] imagines that one day when people type a name into the Xobni search box, the software will find e-mail, instant messages and other online communications from that person even if he or she sent those messages on several Web-based services.

[Link]

My addiction to Outlook began during college but became especially pronounced when I worked in Boston. It's easily among my most used programs second only to Firefox and my Blackberry if that counts.

Anything that would make the Outlook run a little faster would be a welcomed feature in itself. I gave Google Desktop a chance but it turned out to be more disappointing than helpful. So, if the software was capable of further melding IM, facebook and various other features, with Outlook and make it faster, I would certainly give it a try- perhaps even at cost.

Finals, Theses and Blogging

Ten thousand apologies my friends. I had hoped when finals rolled around this semester that I would have honed my study skills in such a way that I could maintain my normal blogging schedule.

Sadly, this has not been the case.

Just to catch you up to speed, Tuesday's legal writing final consumed the better part of nine hours, while my closed-book exam over Property Law on Friday looks to consume the better part of the next two days. I had no idea flash cards could still be useful in 17th grade.

Fortunately, tonight my mind is in a rather different place. The recollection of ancient days was sparked by an article yesterday in the campus daily of my alma mater discussing senior thesis writers. One Prof. offered this sage assessment of writing a thesis:
“You will never do anything more challenging,” he said. “Basically, you are creating knowledge.”

[Link]

I agree with the Professor that a thesis creates knowledge. I agree that it was challenging and a welcomed 'gut-check' for things to come. But as the sunsets on my 1L year, I humbly disagree that it is the most challenging thing one will do.

On the other hand, if you can handle the rigors of research, and you can deftly hammer out roughly 125-200 pages of writing in a semester (or two terms) while also wading through the dense mire of scholarly articles and academic texts, then chances are law school will pose few challenges when it comes to writing and analysis. Of course, learning to hash through thousands of cases, and the particularities of issue-spotter examinations is an experience of the wholly other variety.

Even so, reading the story and burning the midnight oils this time of year brings back many a found memory of my undergraduate days- a couple of which I will recount if you will indulge the wistful.

The one thing I will long remember of my thesis adventure is the pungent hazelnut coffee served during all-nighters in Novack Cafe. Ubiquitously, all-nighters occurred the night before I owed a chapter of my thesis to my adviser. Almost always I had not started said chapter. As an adviser, Prof. Clarence Hardy was a gentleman and a scholar of the first-order to me throughout my efforts. His background was in African-American religious studies, but he proved to be an intrepid faculty adviser who ably shepherded me through the various constructs of Native American religious identity. I remain indebted to him for his patience.

Nevertheless, my late nights were also odd for a couple of reasons neither of which included my stellar work ethic on the project. They were odd mainly because a thesis at Dartmouth was structured to occur during the winter and spring term of one's senior year. The idea was that spreading out the time frame for work and completion would allow students to avoid a pinch during their final term in Hanover. My own experience indicates that the policy promotes procrastination as much as it promotes better time management, but this I leave to the powers that be.

The second oddity is that the real crush of my thesis occurred a full term earlier because of the 2004 election. Given my political interests, I was forced to submit my thesis proposal rather late into the fall term of my senior year. Let's just say that it should have been submitted well in advance. Only upon returning to campus for senior winter, and only after I had conducted much of the research during Christmas break did I learned that my project had been approved by the religion department. When the green-light came, I ended up starting the project a full term and two-weeks behind everyone else. As a result, many nights were spent in late repose, not really stressed but sufficiently tethered as to despise the late hour.

Turns out, Novack Cafe was a place for good company. There were students of all stripes holed-up in its chic, florescent confines. Most were science majors pursuing the Dartmouth equivalent of pre-med. Others read Dostoevsky. A couple wrote for history. Some worked on engineering. Given that the engineers' final project is the same every year, I hardly considered it on the level of a thesis, but they worked hard on it. (Note: Admittedly, this assessment probably speaks more to my specific jadedness than to reality. The car was pretty cool its personnel notwithstanding).

Another remarkable thing about Novack was how widely our vices varied. Some pounded Red Bull. I tossed back coffee. Others pounded Odwalla. One good friend made it a point to take regular breaks for cigarettes. Every hour on the hour. His was a fairly, recently acquired habit secured during a trip through France and Belgium. I never understood his predilection except to say that it accented his black leather jacket and Belgian lineage. But I always appreciated his contrite humor. In all, it could be said that we were a happy motley of the wee hours. Were Sinatra to be a student on our campus, he would surely have been one of us.

Of course, our late evenings would end before any of us realized how fleeting the time would pass. As our years drew to a close, I spent fewer and fewer hours in Novack. My friend would defend his history thesis and I would watch. The engineers' car would barrel down Tuck Drive. And I will never forget the confusion I felt walking the final draft of my thesis over to my adviser. While the faculty defense of my thesis would loom, and my public Q&A was yet to be had, a small part of me groaned inwardly as the finality of it all set in. The Lord said it is finished. And so it was.

Naturally, this too would reach an ultimate consummation. My recollections of handing in my thesis would shortly be eclipsed at seeing friends and more than friends drive away from the green environs surrounding my dorm. Like cars on the horizon, many of these relationships, bulwarks of life in leafy New Hampshire, would gradually come to fade away too. Three relocations and three different states later, it now seems so far away.

With my thesis was handed over to the religion department faculty, I would go on to a successful defense some weeks later. By most accounts, my public Q&A was a success as well. In fact, the written product would go on to win a modest prize much to mine and Prof. Hardy's surprise.

But somewhere on the Hanover plain, a single tear fell and mixed with the dew that morning as I crossed the Dartmouth green. I felt a sharp pain that I would experience again, many times, in the whirl of life's constant of change: I felt like I had lost a dear friend.

Bill Kristol Stole My Title

Being a lowly grad student, I cannot lay claim to understanding the ins and outs of D.C. politicos. I will never know from where our punditocracy gets its ideas. There are many things I do not know. There are things I do not know that I do not know. But I do know a plagiarist when I see one.

And for one of these, I leave the following message.

Bill Kristol, Fox News contributor, columnist for the New York Times, Iraq War supporter (hooah!), lecturer at the Kennedy School of Government, Editor of the Weekly Standard and scholar of Victorian literature:

You stole my title.

Exhibit A: [Link]
Exhibit B: [Link]

Sure, your analysis was spot on. Bobby Jindal could well be our VP. Yes, you make many millions more than me. With your fancy book deals. Your elitist education. Your endowed professorship. And your National TV appearances. It's true you wine and dine with the DC elite, while I usually grab dinner from Taco Bell (But their Chalupas are truly amazing, Bill. You must try one). And yes, you edit one of my favorite magazines. And you also call out liberals for their silliness in ways that I could only hope to emulate.

But you know, and I know, and soon the whole world will know that you know that I know that you stole my title. Right down to the question mark.

[Link]

This one is free, Bill. I'm not a bitter man. Just know this: I wag my finger in your general direction, sir.

Next time, I'll expect a fat salary, and at least a link to my site. After all, you heard it on Pax Plena first- a full four days before you went to print. I even had a Youtube Video...

I the words of the immortal Rodney Dangerfield, I get no respect.

Well, I have tidy solution that will eminently right this little faux pas of ours. How about a weekly column and a spot on the masthead? You know, why not? The Weekly Standard needs good writers. And let's face it, I'm a better writer than Sonny Bunch. Don't get me wrong. He's a good fellow. But can't our movement do better than a story about Robert Downey Jr. and Iron Man?

In the words of our favorite Democrat, yes we can.

Anyway, just think it over, Bill. We can let bygones be bygones. Your people can call my people. I'm easy to reach- for you. We'll probably be down at the Taco Bell on Campbell and Speedway. Right here in good old Tucson, Arizona.

Note: Photo courtesy of MiamiBookFair.com.

America Is in Trouble

And it has nothing to do with Democrats winning the White House.

I wish I were joking but it seems, sadly, that the prediction of future terrorist threats against the United States has been left to the hands of science-fiction writers.

[Link]

May the Force be with them.

Laptops and Reasonable Suspicion

The 9th Circuit Court of Appeals handed down a long awaited ruling in U.S. v. Arnold over a week ago. To date there has been a disturbingly small amount of commentary on what will surely be a major civil liberties issue in the coming months.

Here's an attempt to do my part in facilitating discussion.

The facts of the case are as follows: Mr. Arnold was traveling from the Philippines and was selected, while waiting in line, for further questioning and screening by the U.S. Customs and Border Patrol. The man was ordered to turn on his laptop to demonstrate its functionality. Once the computer booted-up, the agent then inspected his desktop folders only to discover that they contained photographs from his trip. One photo depicted two nude women. The man was then turned over to Homeland Security and Immigration and Customs Enforcement for questioning. His laptop and flash drive were seized. After several hours of questioning, Mr. Arnold was released. A grand jury charged Arnold with knowingly transporting child pornography and attempting to have sex with minors in a foreign country among other things.

Arnold filed a motion to suppress the evidence gathered against him in Federal District Court in Los Angeles on grounds that the Border Patrol agents lacked reasonable suspicion to search his laptop. The District Court held that border security searches of computers require reasonable suspicion in order for such evidence to be admissible. On appeal, the 9th Circuit ruled that the Fourth Amendment does not require reasonable suspicion before searching laptops or other digital media. Quoting U.S. v. Flores-Montano, "Generally searches made at the border...are reasonable simply by virtue of the fact that they occur at the border."

The text of the opinion can be found here.

The crux of the current debate turns on whether border searches, generally, are reasonable by definition. This seems to be the Supreme Court's position in Flores-Montano and the view adopted by the 9th Circuit in Arnold. Given this position, there would be very little in the way of personal effects that Government could not search when Americans return to the United States.

My sense of the ruling is that while the law may be fairly clear as to the permissibility of searches conducted at the border absent reasonable suspicion, it remains unclear what framework and protocol are to be followed by the Border Patrol agents in determining who is searched and how the search of a laptop is conducted.

In my view, it would be unconscionable to grant government the authority to search laptops carte blanche. On the other hand, security concerns at America's points of entry require an extraordinary amount of vigilance on the part of our first-responders. Given the competing interests, I think a wise balance would be to require some standard slightly less than reasonable suspicion, as not to add needless impairments in the search process, but a standard slightly more ardent than the blank check to search computers that seems to exist at present.

The obvious counter to my middle course will be that if one has nothing to hide, then one has nothing to fear from a blanket right to search by the U.S. Customs and Border Patrol. Fair enough.

But a secondary concern stems from resource allocation. The primary mission of the agency is to keep "terrorists and their weapons out of the U.S." I remain unconvinced that going after child-pornography on a laptop is commensurate with stopping WMD from entering the country.

HT: Electronic Frontier Foundation

McCain - Jindal?

I think it's a bit early for to float LA Governor Bobby Jindal's name for the Veep shortlist- though he would be eminently better than Mitt Romney. But he certainly presents a fresh image for the GOP.

[Link]

Admittedly, I know very little about the man. But Gov. Jindal's appearance this week on the Tonight Show with Jay Leno shows that the LA Governor has much of the raw talent and charisma necessary to one be a future player in the Republican Party.

As the Nation's youngest Governor and the first Indian-American elected to the Statehouse (ever), Gov. Jindal has a unique opportunity to make a significant, positive impact in the Bayou State. It's not every day that a politician gets serious about restoring honor to the home state of Earl K. Long. For this reason alone, Gov. Jindal is a person to watch. How he fares at the conclusion of his term will be the clear benchmark for future success. Rightly so.

A clip of the Governor's appearance on the Tonight Show is enclosed below.

 

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