Natural-Born Citizens

August 28th, 2013 1 comment

Is Ted Cruz, born abroad to an American mother and a non-American father, eligible to be President?

In nontechnical discourse people both now and in 1789 would no doubt divide citizens up into the two categories of natural-born and naturalized— so that natural-born would include anybody who was born a citizen, and if you weren’t naturalized, you must be natural-born.

The word “natural” is needed because to say “born citizen” doesn’t sound right—- it sounds as if it’s in distinction to citizens who came out of test tubes. The word “born” is needed because to say “natural citizen” makes it sound like someone who is just a natural American because he’s loves apple pie and football even though he’s Slovakian, or that I’m alluding to some sort of natural law concept of citizenship.

Categories: Constitution, elections, Uncategorized Tags:

Boring Predictions Are the Important Ones

August 27th, 2013 No comments

Steve Sailer in “The world’s most boring insight, again,” on complaints that economics doesn’t make useful predictions (my boldface):

On August 15, 1971, President Richard Nixon announced a freeze on all wages and prices in America for three months. From the perspective of 2013, this sounds like I’m making it up. But it really happened and was popular at the time. Milton Friedman was the loudest voice predicting it would turn out to be a bad idea (which it did).

Read more…

Categories: Economics, Sailer, thinking Tags:

Millikan Experiments and Selection Error

August 25th, 2013 No comments

From Richard Feynman, “Cargo Cult Science,”:

We have learned a lot from experience about how to handle some of
the ways we fool ourselves. One example: Millikan measured the
charge on an electron by an experiment with falling oil drops, and
got an answer which we now know not to be quite right. It’s a
little bit off, because he had the incorrect value for the
viscosity of air. It’s interesting to look at the history of
measurements of the charge of the electron, after Millikan. If you
plot them as a function of time, you find that one is a little
bigger than Millikan’s, and the next one’s a little bit bigger than
that, and the next one’s a little bit bigger than that, until
finally they settle down to a number which is higher.

Why didn’t they discover that the new number was higher right away?
It’s a thing that scientists are ashamed of–this history–because
it’s apparent that people did things like this: When they got a
number that was too high above Millikan’s, they thought something
must be wrong–and they would look for and find a reason why
something might be wrong. When they got a number closer to
Millikan’s value they didn’t look so hard. And so they eliminated
the numbers that were too far off, and did other things like that.
We’ve learned those tricks nowadays, and now we don’t have that
kind of a disease.

Categories: science, statistics Tags:

Are 17% of Singaporean Households Millionaires?

August 25th, 2013 No comments

This table from The Money Illusion blog is astonishing. I still can’t believe it really. But I’ll ask about it:

Categories: Countries, Economics, elitism Tags:

Has NSA Spying Led to Any Abuses?

August 24th, 2013 No comments

Via Drudge, The Times reports that there indeed have been NSA abuses. I’ve been looking for even a single example of someone hurt by the NSA, and here is an example— though personal, not political. Read more…

Categories: army, government Tags:

Hoax at Oberlin: The Complicity of the Oberlin Administration and the Mainstream Media’s

August 23rd, 2013 No comments

Legal Insurrection’s “The Great Oberlin College Racism Hoax of 2013” tells us all about how two students, one of them a leftwing activist, generated nationwide furor over racism at Oberlin. Of course, it’s amazing how every single one of these furors turns out to be by a leftwing agent provocateur. In this case, the Oberlin Administration— which, alas, means Yalie President Marvin Krislov— kept quiet about the students’ motivations, and thus were complicit in the hoax. They even called in the FBI, despite knowing who the culprits were.

When liberals claim racism is rampant in American society, I’m skeptical. There have been too many of them trying to create false evidence.

August 25: From Legal Insurrection:

“While Jack Marshall at Ethics Alarms directs this praise towards me, it applies equally to the other skeptics who smelled a rat at Oberlin (emphasis in original):

‘William Jacobson, who is a Cornell law school professor, notes in his report that he “smelled a rat” with the Oberlin story, and investigated. Why was this story only investigated by a blogging law professor? Where were the journalists? Why weren’t they—the Times, the Post, CNN, CBS, FOX, NBC—checking the facts? That it took this long for the truth to come out is an indictment of how lazy, inept and biased our journalistic establishment has become.’

`Prof. Jacobson is an Ethics Hero. This was important work, and he set out to find the truth while smug reporters slept, and gleeful pundits on the left used a false account to implicate Republicans and conservatives.’ ”

Also, it seems the Oberlin Administration has shamefully doubled down on its deception. Its web announcement says

A report issued by the Oberlin Police Department regarding racist, homophobic, and anti-Semitic incidents which occurred on the Oberlin College campus this past February and March has generated speculation on some web sites regarding the motives of the alleged perpetrators.

These actions were real. The fear and disruption they caused in our community were real. …Some commentators have suggested that the perpetrators engaged in these actions merely to provoke a reaction from our community.

As we have stated, these incidents occurred on a virtually daily basis over a period of weeks. The acts in question included racist, homophobic, and anti-Semitic graffiti, flyers, and Internet postings, as well as written harassment of targeted individuals including threats of bodily harm and rape.

We take all such threats seriously and recognize that our obligation is to assure the safety of all members of our community. Many students, faculty and staff raised reasonable concerns about their security on our campus, based on these incidents and threats. Oberlin College will not tolerate an atmosphere in which people feel threatened on the basis of their race, religion, gender, or sexual orientation, under any circumstances.”

The Administration, of course, nurtured the threatening atmosphere by its statements, actions, and silence about the liberal identity of the threateners.

Categories: academia, liberals, race Tags:

During Depositions, a Lawyer Cannot Tell His Client How to Answer

August 22nd, 2013 No comments

From Max Kennerly’s “Be A Potted Plant: Sanctions For Deposition Coaching and Witness Conferences”:

The defending attorney is indeed a “potted plant” with only two exceptions: they can raise objections in a concise, nonargumentative and nonsuggestive manner, and they can instruct a deponent not to answer a question when necessary to preserve a privilege or enforce a court order.

No attorney would, in the middle of their client’s cross-examination at trial, loudly clear their throat and say “if you know” or “don’t speculate” before the client answers. You don’t have to be a lawyer to see that as little more than an attempt to coach the witness into claiming they don’t know something that they actually do know.

Categories: Civil Procedure Tags:

Just 1/3 of 1% of Social Psychology Scholars Are Conservatives

August 22nd, 2013 1 comment

From “Jonathan Haidt Decodes the Tribal Psychology of Politics,” January 29, 2012:

Haidt works in a field so left-wing that, when he once polled roughly 1,000 colleagues at a social-psychology conference, 80 to 90 percent classified themselves as liberal. Only three people identified as conservative.

Categories: academia, conservatives, liberals Tags:

Conservatives typically define their groups concentrically

August 21st, 2013 No comments
Categories: conservatives, liberals, Sailer, thinking, writing Tags:

Obviously Wrong Judicial Opinions

August 20th, 2013 No comments

Somebody put together a list of 7 or so judicial opinions he thought everybody would believe were dead wrong. All were old cases that offend modern pieties.

What would be much more interesting would be a set of cases which immediately led expert lawyers in the field to say, “That court has made a fool of itself again.” Read more…

Categories: judges, jurisprudence Tags:

“Preliminary Injunctions in the Obamacare Religious-Objection Lawsuits II: An Amicus Brief for Mersino v. Sebelius”

August 18th, 2013 No comments

I’ve just filed and SSRN’d another preliminary injunction amicus brief, this one for the 6th Circuit in Cincinnati: “Preliminary Injunctions in the Obamacare Religious-Objection Lawsuits II: An Amicus Brief for Mersino v. Sebelius”. The abstract is below. Read more…

Steve Russell on Bright Line Laws and Executive Discretion

August 16th, 2013 No comments

I got the passage below by Steve Russell from a listserv we’re both on,and I liked it so much that I asked his permission to post it here. In Terry v. Ohio, 392 U.S. 1 (1968), a policeman saw two men near a store Read more…

Categories: Constitution, crime, law Tags:

“Exclusive Dealing: Before Bork, and Beyond”

August 15th, 2013 No comments

Mark Ramseyer and I have just posted a draft of a paper on monopoly law: “Exclusive Dealing: Before Bork, and Beyond”. Comments are welcomed. Here’s the abstract: Read more…

Categories: a.research, Antitrust, game theory, monopoly Tags:

The Meaning of “Value” for Gift and Estate Tax Donee Limitation in Tax Code 26 U.S.C. § 6324(B): An Amicus Brief for Marshall v. Commissioner

August 14th, 2013 No comments

I’ve posted a new draft of The Meaning of “Value” for Gift and Estate Tax Donee Limitation in Tax Code 26 U.S.C. § 6324(B): An Amicus Brief for Marshall v. Commissioner and submitted the brief. I wonder if I should try to make a law review article out of this? The topic would be how “value” is used in law. Here’s the abstract: Read more…

Categories: a.research, discounting, taxes Tags:

Homeschooling Lessons and “Does God Use Sound When He Speaks to Prophets?”

August 13th, 2013 1 comment

Homeschooling children sure does educate the teacher. Already I’ve learned:
1. How to define “median” accurately.
2. What “firmament” means. Read more…

Categories: Bible, theology Tags:

Defining “Median”

August 13th, 2013 No comments

The median of a set of numbers is the middle value. In the set (1,2,3), the median is 2. But how about the set (1,2,3,4)? Most commonly, people define the median as 2.5. That is a good measure of central tendency, I guess, but it isn’t satisfactory because it mixes the ideas of mean and median. Also, then the median isn’t a member of the set.

Perhaps the best definition is that the median is X, where X is the lowest value such that 50% of the values are less than or equal to X. Read more…

Categories: math, statistics Tags:

Translating Matthew 11: Violence and the Windshaken Reed

August 12th, 2013 No comments

Pastor Bayly gave a good sermon yesterday. He showed how Matthew 11 is a unified argument, its points linked. One thing he did was to note that Matthew 11 says that John the Baptist and others like him seize the kingdom of God violently (though not with physical violence, as many Jews expected). In the King James Version, Matthew 11:12 says:

“And from the days of John the Baptist until now the kingdom of heaven suffereth violence, and the violent take it by force.”

Read more…

Categories: Bible, translation Tags:

New Jaworski Documents: The Watergate Trials Were Invalid

August 10th, 2013 No comments

Geoff Shepherd has a new Atlantic article, “The Watergate Cover-Up Trial: Justice Denied?” He has found hitherto unrevealed documents that show that the Watergate defendants were right when they charged that their judge, Judge Sirica, was holding illegal secret meetings with the prosecutors to plan legal strategy against them. In new trials they probably would have been convicted anyway, but if this had come out at the time, all of their convictions would have been voided and Prosecutor Jaworski and Judge Sirica disbarred. They would have had new trials, and probably would have been convicted anyway, but the Nixon stance that “The Democrats do illegal stuff too” would have been mightily supported. My comments to the author: Read more…

Categories: Comments, history, law. politics, Watergate Tags:

Should Punctuation Be Inside or Outside of the Quotation Marks?

August 9th, 2013 No comments

Is the following paragraph punctuated as it should be?

The phrase “value of the gift” in 26 U.S.C. § 6324(b) means what it says––not “dollar amount of the gift at the time of donation”, but “what the gift is worth”. “Value” is not “face value”.

Read more…

Categories: Uncategorized, writing Tags:

Lactose Intolerance

August 8th, 2013 No comments

See Steve Sailer on the new Nature study.

Categories: food, health, race Tags:

How To Deal with a Powerful Oppressor: Frederick Douglass’s Story of Nelly

August 6th, 2013 No comments

From Frederick Douglass, My Bondage and My Freedom (1855):

There is no doubt that Nelly felt herself superior, in some respects, to the slaves around her. She was a wife and a mother; her husband was a valued and favorite slave. Besides, he was one of the first hands on board of the sloop, and the sloop hands — since they had to represent the plantation abroad — were generally treated tenderly. The overseer never was allowed to whip Harry; why then should he be allowed to whip Harry’s wife? Thoughts of this kind, no doubt, influenced her; but, for whatever reason, she nobly resisted, and, unlike most of the slaves, seemed determined to make her whipping cost Mr. Sevier as much as possible. Read more…

Categories: game theory, history, quotations Tags:

Justice versus Mercy

August 5th, 2013 No comments

I see that Obamacare is a great example of the divide between the masculine idea of “follow the rules” and the feminine idea of “get the right result”, Justice versus Mercy, Playing Dodgeball versus Playing House, Let ’em Learn versus Keep them Safe. Conservatives look at the botched bill and say, “Tough— repeal it if you don’t like it” and Liberals say, “Hey, it’s the spirit of the thing that counts and you should let us change it to what we ought to have thought about earlier.”

Categories: crime, law, morality Tags:

The Typical Law Student: LSAT’s and SAT’s

August 2nd, 2013 No comments

I wrote a guest post at Taxprof recently. I wrote a long comment on the post too, which is equally worth reading.

At our law-and-econ lunch at Indiana University we talked about the Simkovic-McIntyre paper on the value of going to law school and the point that law students are a select bunch. My father, citing his experience in the Navy in 1945 and as a grand jury foreman in the 70’s, liked to say that university people don’t understand what ordinary people are like. So I looked up some facts, and here is my guess at what a typical law student is like.

He doesn’t go to Yale, or to Indiana. He goes to Albany Law School, a typical third-tier law school. Its 25th-75th LSAT scores are 149-155, a midpoint of 152.

– See more at: http://taxprof.typepad.com/taxprof_blog/2013/07/rasmusen.html#sthash.OQKo9KAn.dpuf

How Liberals Think about World Events

August 2nd, 2013 No comments

I came across a very strange article in The American Prospect, “The Rise and Fall of a “Scandal”, about the IRS scandals. It’s noteworthy because it looks at the following figure and concludes that the media, though well-meaning, has unfairly blackened the reputation of the IRS by its coverage.

I look at that, and I conclude that the liberal media covered the scandal at first, but then stopped covering it in accordance with the White House strategy of denying that anything wrong had happened. Read more…

Preliminary Injunctions and Hobby Lobby

July 31st, 2013 No comments

I’ve just posted on SSRN a version of my amicus brief, “Preliminary Injunctions in the Obamacare Religious-Objection Lawsuits: An Amicus Brief for Hobby Lobby v. Sebelius.” The analysis is about preliminary injunctions; I don’t say anything on the merits of Obamacare or religious freedom and corporations. I might post separately about that today too. Here’s the abstract: Read more…

“Delay until They Die”

July 29th, 2013 No comments

Professor Fleischer’s May 16 “A Dickensian Delay at the I.R.S.” at the NYT isn’t looking so good. He said,

Long delays are evidence of ineptitude and a reluctance to tackle difficult issues, not evidence of a political conspiracy. It may be the case that a couple of I.R.S. employees went rogue, as the acting I.R.S. commissioner, Steven T. Miller, suggested on Wednesday before he was ousted from the job.

Aggressive investigation of those individuals may be appropriate. But firing Mr. Miller, as President Obama did on Wednesday, is mere tokenism. The witch hunt obscures the institutional failures that Congress could actually correct.

By now we have heard the testimony of the Cincinnati people, who say Mr. Miller’s IRS was lying when it tried to blame them, Read more…

Why Are the Books of the Bible Written So As To Conceal their Writers’ Identities?

July 28th, 2013 No comments

I’ve started reading Meir Sternberg’s The Poetics of Biblical Narrative after hearing about it from Professor Atwood shortly before he left for Mongolia. It’s good. In chapter 2, he shows how similarly an ancient Rabbi and a modern Bible scholar reason in trying to establish authorship. Who wrote II Samuel? Read more…

Corporations and Religious Freedom

July 27th, 2013 No comments

Re: “Skepticism About the Third Circuit’s Rejection of Organizational Free Exercise Claims,” Will Baude, Volokh Conspiracy.

Am I correct in thinking that a for-profit sole proprietorship has religious freedom? In that case, surely a partnership does. And why not a corporation, particularly if it is 100% owned by one individual? Or is it that in each case, it is the individual as owner who must assert his rights?

The real question seems to me to be the fact question of whether the religious practice is in the interest of the stockholders. This means whether they would support it if they could, or whether it is an unjustified perk of the Board or executives. That is the same hard question that comes up with whether a corporation’s charitable donations or homosexuality policies are OK. Thus, the corporation should be allowed to have a religious practices policy, protected by the usual religious freedom rights, but subject to derivative suits by shareholders in the usual way (which means most suits lose).

LoPucski: Making Statutes Readable

July 25th, 2013 1 comment

Professor Bainbridge tells us of Professor Lopucki’s new paper on how to format and annotate statutes to make them more readable, which uses Delaware’s corporate code as an example.

LoPucki, Lynn M., The Readable Delaware General Corporation Law (July 10, 2013). UCLA School of Law Research Paper No. 2013-14. Available at SSRN: http://ssrn.com/abstract=2292236.\

Here’s an example. Read more…

“A Public Statement Concerning Sexual Abuse in the Church of Jesus Christ” = “Another Chance to Condemn Conservatives as Secret Child Molesters”

July 24th, 2013 7 comments

What an evil document is “A Public Statement Concerning Sexual Abuse in the Church of Jesus Christ”! It pretends to be a confession, but it actually is a condemnation of other people. But then the signers don’t dare make any specific accusations. They make general accusations that are slanderous, while helping to protect sin by careful lack of specifics. The Baylyblog does a good job of discussing the Statement and talking about what churches really ought to be doing about sexual abuse, but there’s more to be said. Here are a couple of notable sentences from the Statement:

“Recent allegations of sexual abuse and cover-up within a well known international ministry and subsequent public statements by several evangelical leaders have angered and distressed many, both inside and outside of the Church. These events expose the troubling reality that, far too often, the Church’s instincts are no different than from those of many other institutions, responding to such allegations by moving to protect her structures rather than her children….Institutions ranging from the Catholic Church, various Protestant churches and missionary organizations, Penn State, Yeshiva University High School, the Boy Scouts, and all branches of our military have been rocked by allegations of abuse and of complicity in silencing the victims.”

Read more…

Categories: Ecclesiology, liberals, religion, writing Tags:

I Want Comment Triage Software

July 23rd, 2013 No comments

Nobody comments here, so it’s not a personal need, but I want to see comments on blogs and articles organized differently. First I’ll say what I want to see, and then I’ll explain why.

Each comment will be directed to one of four triage categories. These will not be the traditional “Doesn’t need treatment now”, “Needs help”, and “Too hard to help–let him die” categories. Rather, they will be: Read more…

Stock Market Returns and Risk: Returns from Various Years until 2013

July 23rd, 2013 1 comment

I’ve posted as a blog permanent “page”, a memo on “Stock Market Returns and Risk: Returns from Various Years until 2013.” I’ll repeat it here as a blog post.

This is a memo I wrote for the directors of Bloomington’s Lighthouse Christian Academy to aid them in thinking about whether it was worth putting capital account funds into the stock market, which has higher returns but also might result in a loss. It is useful for anyone wanting to know the average return on the stock market.

June 19, 2013
What investment is prudent for LCA?

Suppose LCA had $100,000 in a given year and had invested it in the S+P 500, 500 very big companies’ stock, until May 2013. What would have become of it? What would be its annual return?

S+P returns (dividends reinvested) from the given year until 2013, annualized and total, May to May:

1963: 9.7%
1973: 10.3
1983: 10.6
1993: 8.7
Read more…

Categories: decisionmaking, discounting, finance, g406 Tags:

The IRS Scandal Reaches the President

July 23rd, 2013 1 comment

First, the Administration said there was no IRS mistreatment of Tea Party groups. Second, the Administration said there was, but it was the Cincinnati office’s fault, not the IRS in Washington. Third, it became clear it was the fault of the IRS in Washington. Fourth, it became clear that it was the fault of the IRS Chief Counsel’s office in Washington. Now, we discover that the IRS Chief Counsel met with President Obama at a crucial time. An anonymous federal lawyer wrote this to TaxProf: (my boldface)

As someone who works as an attorney at an agency general counsel’s office, I think people are missing the significance of Obama meeting with the IRS chief counsel Read more…

Categories: IRS, obama Tags:

A Trayvon-Zimmerman Miscellany

July 20th, 2013 1 comment

I’ll use this post to list interesting things about the Zimmerman-TrayvonMartin case as they come up, so it will grow over time.

July 20a. Some people say that the standard should be reduced from “beyond a reasonable doubt” to “preponderance of evidence” or something. Wikipedia has a nice Legal Burden of Proof article with:

2.1.1 Reasonable suspicion
2.1.2 Reasonable to believe
2.1.3 Probable cause for arrest
2.1.4 Some credible evidence
2.1.5 Substantial evidence
2.1.6 Preponderance of the evidence
2.1.7 Clear and convincing evidence
2.1.8 Beyond reasonable doubt

Maybe relaxing the burden is a good idea. Read more…

Categories: crime, law, race Tags:

Idol Worship in Modern America

July 19th, 2013 No comments

anthem-short

It would be OK, perhaps, if we sang the last verse:

O, thus be it ever when freemen shall stand,
Between their lov’d homes and the war’s desolation;
Blest with vict’ry and peace, may the heav’n-rescued land
Praise the Pow’r that hath made and preserv’d us a nation!
Then conquer we must, when our cause is just,
And this be our motto: “In God is our trust”
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave!

I wrote an essay on this, “Should everyone put their hand on their chest, stand, and sing the national anthem while facing the flag at the sporting events of Christian schools?” An excerpt:

We Protestants feel very self-satisfied about images. Foolish Roman Catholics fall into idolatry, and the Jews were so foolish that the Bible had to give more attention to idolatry than to any other sin, but we are too modern for that to be a danger. Read more…

Categories: religion, Roman Catholicism Tags:

God before Country: Placement of the “Christian Flag”

July 19th, 2013 No comments

flags-school

christian-flag-under

“We are used to putting government above God. We are so used to it that we don’t even realize it. “The heart is deceitful above all things, and desperately wicked: who can know it?” (Jeremiah 17:9), and “Every way of a man is right in his own eyes: but the LORD pondereth the hearts” (Proverbs 21:2). We are careful about obeying the government. We are worse at obeying God.”

That’s an excerpt from an essay I wrote, “Should the “Christian flag” be flown below the U.S. flag on the pole in front of a Christian school?” The images are from here and here.

Categories: authority, flag burning, religion Tags:

Computer Icons Are a Stupid Idea

July 19th, 2013 No comments

I hate icons. They are a regression to the era of the cave man.

Suppose we want to have a symbol for “email” on the computer so that you know where to click to look at your email. What would we think, starting from scratch, if our designers pondered whether they should use a picture of a mailbox, or of a letter, or maybe a line with a lightning sign, or a little mailman, and brought all those symbols to the CEO for his choice. Read more…

Categories: computers, inventions Tags:

“Top Differences Between the UCC and the Common Law of Contracts”

July 17th, 2013 No comments

Prof. Cunningham has a good post, “Top Differences Between the UCC and the Common Law of Contracts” . For example:

6. Acceptance by Shipment: buyer orders for “prompt shipment” can be accepted either by promise or prompt shipment, at the seller’s election. 2-206. – See more at: http://www.concurringopinions.com/archives/2013/07/top-differences-between-the-ucc-and-the-common-law-of-contracts.html#more-77709

Categories: contracts Tags:

Would Zimmerman Have Been Convicted if He Were Black? — Black-on-Nonblack Killings Claiming Self Defense

July 16th, 2013 No comments

Over at Legal Insurrection, I skimmed the comment thread on ‘The “what if Trayvon were white” logical fallacy’ and did a bit of googling, and found some black kills hispanic or black kills white self-defense cases.

http://www.news-press.com/article/20100916/CRIME/9160375/Fort-Myers-killing-suspect-likely-off-hook (Black man shoots out of his window and kills a hispanic teenager. Charges dropped. ) Read more…

Categories: crime, race Tags: