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Sick Transit

Boundedly unpredictable

4/21/2004

We Prefer Call it an “Election”, Your Highness

by @ 8:33 pm. Filed under Law & Politics

Prince Bandar, the Saudi Ambassador to the United States doesn’t always speak diplomatese:

“I cannot say we’re not aware that you are going through your seasonal tribal warfare now so it’s very dangerous to open one’s mouth here on any issue,” said Bandar.

4/18/2004

Terrorism as a Violation of Human Rights

by @ 12:46 pm. Filed under Law & Politics

William F Schulz, executive director of Amnesty International USA, has a well-written, thoughtful, and very overdue article in NYT Magazine. The key passage:

Being free from the threat of terrorism is not just a nice idea; it is our right as human beings. Indeed, Article 3 of the Universal Declaration of Human Rights provides that ‘’everyone has the right to life, liberty and security of person'’ — rights that terrorists surely vitiate when they injure or kill civilians. It is not enough, therefore, to champion Article 9’s guarantee that ‘’no one shall be subjected to arbitrary arrest [or] detention'’ without wrestling with the question of how such rights square with those articulated in Article 3. But this is a struggle we in the human rights world have generally shied away from joining.

Amnesty International and other human rights groups have been heavily criticized for their myopic focus on American violations. Hopefully, this article is indicative of a broad change in the movement.

Blame the CIA?

by @ 12:17 pm. Filed under Law & Politics

Via Intel Dump, here’s an excerpt from Bob Woodward’s upcoming book on politics behind the Iraq war, Plan of Attack.

The part that struck me the most:

Bush wanted someone with Powell’s credibility to present the evidence that Hussein possessed weapons of mass destruction — a case the president had initially found less than convincing when presented to him by CIA deputy director John McLaughlin at a White House meeting on December 21, 2002.

McLaughlin’s version used communications intercepts, satellite photos, diagrams and other intelligence. “Nice try,” Bush said when he was finished, according to the book. “I don’t think this quite — it’s not something that Joe Public would understand or would gain a lot of confidence from.”

He then turned to Tenet, McLaughlin’s boss and said, “I’ve been told all this intelligence about having WMD and this is the best we’ve got?”

“It’s a slam dunk case,” Tenet replied, throwing his arms in the air. Bush pressed him again. “George, how confident are you.”

“Don’t worry, it’s a slam dunk,” Tenet repeated.

Definitely very different from the story we’ve heard so far, of Bush pressuring the CIA to cherry-pick intelligence.

It will be interesting to see this one fought out.

4/17/2004

Israel Does it Again

by @ 3:07 pm. Filed under Law & Politics

There’s one thing about assassination as tactic of control: if you’re going to use it, you have to be willing to use it thoroughly. Israel seems to understand that. Only a few weeks after killing the founder of Hamas, Israel has assassinated his successor, Abdel Aziz Rantisi.

The warning to the next person who dares take up the reins of Hamas is pretty clear.

Presumably the leadership of Hamas will go into hiding. And undoubtedly, they will be plotting revenge.

I’m sure that there will be cries of moral outrage from the left. Frankly, I feel that the Israelis had as much right to kill Rantisi as we do to kill Bin Laden. Whether it will actually prove productive in the long-run struggle for peace, however, is a tougher question.


Unhelpful Nuance

by @ 1:28 pm. Filed under Religion & Philosophy

It’s both funny and sad to watch Catholic Hospitals try to dance around the Pope’s proclamation that withdrawing nutrition and hydration from patients in a persistent vegetative state is euthanasia. From the AP article:

In a talk March 20, Pope John Paul II said that feeding and hydrating such patients is “morally obligatory” - and that withdrawing feeding tubes constitutes “euthanasia by omission.” Since then, American bishops, theologians and ethicists have been studying the issue closely to see what the pope’s words will mean for hospital operations in the United States.

In a statement, the chief of the St. Louis-based Catholic Health Association of the United States said… the pope’s words have “significant ethical, legal, clinical, and pastoral implications that must be carefully considered,” requiring dialogue among bishops and health-care providers.

Gerard Magill, executive director of Saint Louis University’s Center for Health Care Ethics and Health Sciences, cast the pope’s pronouncement as “a clarification, a helpful nuance, that is not a threat to Catholic health care.”

Of course, the hospitals are between a rock and a hard place; failing to honor living wills would not only violate medical ethics, but probably also current US law as well.

At least this was only a semi-official pronouncement. If the pope speaks ex catedra on this matter, they’re really screwed.

4/15/2004

The Christmasization of Bar Mitzvah

by @ 9:28 pm. Filed under Religion & Philosophy

David Bernstein writes:

The article goes on to quote Gentile parents bullied by their children into throwing lavish 13th birthday parties for them so the kids can be part of the “in” crowd. Talk about a Chillul Hashem! (desecration of God’s name!) When the most widely-known Jewish rite gets to be known less for its spiritual significance and more for the social status the accompanying party provides, so much so that 13 year old social climbers insist on emulating it, someone needs to do something.

Personally, I don’t see how this is any different from the secularization of Christmas. Despite its religious origins, Christmas became a secular holiday because Christianity was the mainstream religion of the United States.

So this bar mitzvah phenomenon–I don’t know if it can even be called a trend–is a welcome sign. It’s evidence that Jews are no longer–culturally speaking–a “minority” in the United States. Their traditions are mainstream enough to have become secularized.

I look forward to the day when Muslims can say the same.

Andrew the Hopeful

by @ 7:35 pm. Filed under Law & Politics

A pot within a pot gives Andrew Sullivan hope for Africa?

If Sullivan keeps this up, he’ll be impossible to parody.

Another reason to keep porn legal

by @ 7:28 pm. Filed under Law & Politics

I wrote last week about Ashcroft’s campaign against porn. There are pretty obvious liberty-based arguments for keeping porn legal, of course; but there are also pragmatic arguments, as this story demonstrates.

For the first time since ‘99, a porn actor has tested positive for HIV. Here’s the important part: all 1200 of the LA industry’s regular actors are screened for HIV every three weeks. And the industry’s reponse to the positive test has been to suspend production for 60 days to ensure that the infection is isolated.

Does anyone think that the industry would be this responsible if it weren’t operating legally and above-ground? I doubt it.

4/12/2004

What it’s like in Fallujah

by @ 9:36 pm. Filed under Law & Politics

This Slate dispatch entry is a must-read: first-hand accounts from refugees of Fallujah.

4/11/2004

An Affirmative Action Critique From the Left

by @ 5:54 pm. Filed under Law & Politics

There’s a must-read essay in today’s NYT magazine about the emptiness of race-based affirmative action:

When I asked a group of Harvard literature students about what distinguished them from a parallel group of literature students at U.I.C., they were prepared to acknowledge that the U.I.C. students might be even more diverse than they were, but they were unable to see the relevance of the fact that the U.I.C. group was also less wealthy.

In the end, we like policies like affirmative action not so much because they solve the problem of racism but because they tell us that racism is the problem we need to solve. And the reason we like the problem of racism is that solving it just requires us to give up our prejudices, whereas solving the problem of economic inequality might require something more — it might require us to give up our money.

When student and faculty activists struggle for cultural diversity, they are in large part battling over what skin color the rich kids should have. Diversity, like gout, is a rich people’s problem. And it is also a rich people’s solution.

Affirmative action is, quite simply, fighting the last war. Thirty years ago, our country arguably needed shock treatment to overcome the institutional effects of racism.

But three decades and a world of social change later, liberalism is still fighting the same battle. There’s something wrong with that picture.

The Real Reason for Bushisms

by @ 2:47 pm. Filed under Humor

Just had to share this groaner by David Adesnik:

As many of us know, ‘Al Qaeda’ means ‘the base’ or ‘the foundation’. However, it does not just refer to physical objects, but also to concepts. Thus, the plural of Al Qaeda, ‘Al Qawaid’, means ‘grammar’. Why? Because grammar is the foundations a language.

Now, it may just be a coincidence, but should we be surprised that George Bush is at war with grammar?

Strained political cross-language puns. It just doesn’t get any nerdier than that. :D

Would you kill an American?

by @ 1:42 pm. Filed under Law & Politics

Phil Carter has troubling news from Iraq. From a Washington Post article:

The 620-man 2nd Battalion of the Iraqi Armed Forces refused to fight Monday after members of the unit were shot at in a Shiite Muslim neighborhood in Baghdad while en route to Fallujah, a Sunni Muslim stronghold, said U.S. Army Maj. Gen. Paul Eaton, who is overseeing the development of Iraqi security forces. The convoy then turned around and returned to the battalion’s post on a former Republican Guard base in Taji, a town north of the capital.

Eaton said members of the battalion insisted during the ensuing discussions: “We did not sign up to fight Iraqis.”

We started this campaign as a law-enforcement action against a small, trouble-making factionalist group. The group did its best to paint our actions as an assualt on Iraqis as a whole. The problem is that, if their propaganda is successful enough, then it can actually become correct. If enough Iraqis begin to support Sadr’s rebellion (and its twin Sunni uprising), then our law-enforcement action will have turned into what we never wanted it to be: a military overriding of the will of the Iraqi people.

I’m not saying that’s happened yet. But it’s a real danger at this point.

Phil also has a thought-provoking analogy:

Imagine the most vile group of Americans — neo-Nazis who have recently blown up a church or synagogue, killing scores of innocent Americans — and then imagine the difficulties that our FBI or local SWAT teams would have if they were told their orders were to clear this separatist stronghold. (”Clear”, as a tactical task, roughly means to painstakingly eliminate every enemy soldier from a piece of terrain, as opposed to “defeat” or “destroy”, which doctrinally mean killing/capturing enough enemy troops that they stop fighting.) I think that it would be very hard to convince our security forces of the justness of this task, and thus I can imagine the difficulty in getting the Iraqis to go fight.

I need some time to think through the implications of this analogy before I write anything about it. So for now, I’ll just end with that thought. Things always seem different when you put yourself in the other guy’s shoes.

4/9/2004

Ashcroft Returns to God

by @ 7:07 pm. Filed under Law & Politics

Well, I know I’m late to the story, but I just can’t help ranting about the fact that Ashcroft is waging a federal campaign against porn. I know a lot of liberals who were worried about Ashcroft’s strong religious beliefs when he was first appointed; but in the three years since then, the strongest criticism against him has been on the civil rights front, an issue of political rather than moral ideology.

So when we finally thought we needn’t worry about having a religious nutjob running the DoJ, there comes this:

In this field office in Washington, 32 prosecutors, investigators and a handful of FBI agents are spending millions of dollars to bring anti-obscenity cases to courthouses across the country for the first time in 10 years. Nothing is off limits, they warn, even soft-core cable programs such as HBO’s long-running Real Sex or the adult movies widely offered in guestrooms of major hotel chains.

Oosterbaan said the department is employing much the same strategy this time, targeting not only some of the most egregious hard-core porn but also more conventional material, in an effort “to be as effective as possible.”

The scary part, of course, is that constitutional law is extremely vague on protections for porn. Given that some material is primarily sexual in nature, and does not have any scientific, literary, artistic or political value, the test of its legality is “whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.” So it all comes down, in a nutshell, to what a jury finds “patently offensive.” (Miller v California, 1973)

Justice Douglas’s dissent in Miller is well worth a read. He says:

The First Amendment was not fashioned as a vehicle for dispensing tranquilizers to the people. Its prime function was to keep debate open to “offensive” as well as to “staid” people. The tendency throughout history has been to subdue the individual and to exalt the power of government. The use of the standard “offensive” gives authority to government that cuts the very vitals out of the First Amendment. 9 As is intimated by the Court’s opinion, the materials before us may be garbage. But so is much of what is said in political campaigns, in the daily press, on TV, or over the radio. By reason of the First Amendment - and solely because of it - speakers and publishers have not been threatened or subdued because their thoughts and ideas may be “offensive” to some.

Unfortunately, Douglas’ only supporter in his absolutist position, Hugo Black, resigned from the court in 1971. Today, I doubt whether anyone on the Court would even try to make a similarargument. It would certainly be a sight to see.

4/6/2004

So much for a decisive leader!

by @ 8:29 pm. Filed under Law & Politics

Recently, I’ve been finding Juan Cole’s blog on Iraq more interesting for its facts than its analysis. In his latest turn towards justifying terrorism, Cole alleges that Sadr was targetted by the CPA, and that “it is not even clear that [his response] was an over-reaction.” It’s ironic that Cole, a self-proclaimed Gandhist and very critical of the US occupation, should be so ready to defend one of the most violent, destabilizing forces in Iraq.

Anyway, one fact that Juan mentions incidentally in a post today is this:

The Army of the Mahdi launched further attacks on Coalition bases near Najaf and Karbala. Their attempt to take the governor’s mansion in Karbala was beaten back by forces under Polish command. Grand Ayatollah Ali Sistani’s forces stopped them from taking the shrine of Imam Husayn in Karbala (- al-Hayat)

If I’m reading Cole correctly, he’s saying that Sadr’s forces attacked Sistani’s. Wouldn’t this completely ruin any ability by Sadr to claim that he represents the mainstream of Shi’ite sentiment? Not that it wasn’t obvious already, of course; but I can’t imagine that attacking Sistani’s forces–the defenders of a shrine, no less–will make him any more popular in Iraq.

And here’s what Juan had to say on a domestic note:

I saw Senators Biden and Lugar on the Lehrer Newshour on Monday, and I think Senator Biden intimated an explanation for some of what is happening in Iraq. He said he thought there might be a power stuggle between the office of Vice President Dick Cheney and Colin Powell’s State Department over Iraq policy.

A crucial transition is only three months away. Yet we have no idea who the American ambassador will be. We have no idea to whom sovereignty will be passed exactly.

One of the main arguments in favor of Bush is supposed to be that he is a strong and decisive leader. But the lead-up to the the war was seriously hampered by the State-Defense rivalry. And now the same story seems to be playing out again. How strong a leader is the President if he can’t even control his own cabinet?

4/5/2004

God as a Seeger-type Thing

by @ 9:13 pm. Filed under Law & Politics

Excellent article at TNR about how supporters of the phrase “under God” in the Pledge of Allegiance are actually undermining religion:

Breyer suggested that the God in “under God” is “this kind of very comprehensive supreme being, Seeger-type thing.” And he posed an extraordinary question to Newdow: “So do you think that God is so generic in this context that it could be that inclusive, and if it is, then does your objection disappear?”

Breyer’s solution was another attempt to salvage religious expression by emptying it of religious content. But why should a neutralized God be preferred to a neutral government? The preference is attractive only if religion is regarded primarily from the standpoint of politics.

There’s a lot more to the article; all I can say is, give it a read.

Why I’m now glad to pay for parking

by @ 8:00 pm. Filed under General

I’ll never complain about paying for parking again, after reading this excellent (albeit long) article by the Cato Institute. In a nutshell, the article points out that:

a) Parking costs money, whether we pay for it or not.

b) By creating the illusion that parking is free, we induce a ‘run on the commons’ in areas where parking is scarce.

The article agues that the ideal price for parking is that which leads to 85% occupancy of spaces, just enough to ensure that you can find a space whenever you need one.

I hate paying for commercial parking in downtown Boise, but the reason is that the prices are set well above this threshold. 85% occupancy is rare, even on a weekend evening. (And for the amusement of you people who live in real cities, I’ll mention that this exorbitant rate is $3-$5 for unlimited time on a weekend evening.)

In suburban areas, where parking scarcity is not usually an issue, I think that free parking is still more economically efficient, since it lowers transaction costs over all. In urban areas where vehicle density is a real issue, however, I think that the Cato Institute’s proposals make sense.

4/4/2004

How many cliches can you fit in a VW?

by @ 10:51 pm. Filed under Law & Politics

Andrew Sullivan takes a long-winded detour into the land of the vague, with such beauties as:

It seems to me undeniable that events may be spinning out of control.

Events can go forward and backward at once.

Which is why we should be more afraid of inaction than action.

But I guess I should be glad… if Sullivan is now working hard to leave himself two ways out of every sentence, maybe that means that he’s turning his support to the master practitioner of that art, John Kerry.

Fundamentalism vs The Noble Lie

by @ 10:23 pm. Filed under Religion & Philosophy

David Adesnik at OxBlog draws interesting parallels between anti-semitism in the gospels and genocide in the Torah:

If one endorses the Jewish slaughter of the Amalekites for a centuries old greivance, how can the Jews of today insist that they bear no responsibility for the death of Christ simply because it happened so long ago? Moreover, what is our response to Hitler and Goebbels if we endorse those genocides that our ancestors supposedly committed?

The only answer is found in the fundamental paradox at the heart of modern religions:

I am glad that progressive rabbis have chosen to subvert the meaning of the original text and redefine Chosenness in a less bloody-minded manner. … By the same token, I am quite glad that the Catholic Church has begun to insist very publicly that the Jews are not collectively responsible for the death of Christ.

Those of us who advocate greater religious tolerance must accept the paradoxical fact that such tolerance tends to emerge only when the guardians of the faith are able to persuade themselves that their innovations are in fact restorations of a tarnished original meaning. Surely this is what Plato might have referred to as a noble lie.

The other option, of course, is the liberal wing of religion that chooses to recognize the humanness of sacred texts. Intellectually, however, this is little different from agnosticism.

The ironic thing, of course, is that if Adesnik’s point were made by anyone who was not Jewish, it would probably be condemned as anti-semitic.

Publius Hits the Bulls-eye

by @ 4:15 pm. Filed under Law & Politics

In response to the Daliy Kos scandal, Publius hits dead-on the reason why I often find myself disagreeing with many progressives and liberals whose ideals I strongly share:

This thinking led me (in a prior post) to distinguish between “rule-Christians” (those who value rules over Christian spiritual values of love, forgiveness and tolerance) from “spirit-Christians” (who value love, forgiveness, and tolerance over strict rules). I think something very similar exists with respect to today’s liberals. There are “rule-liberals” and “spirit-liberals.”

He explains how this applies to Iraq (e.g. the people who feel that since we shouldn’t have gone into Iraq, anything we do there now is wrong), and then adds a few other examples:

For example, our support for unions is rooted in a strong desire to help working families and prevent their exploitation by wealthier interests who care nothing for them. That is the animating spirit behind the rule “Support the unions.” … But when, for example, teachers’ unions start thwarting all progress in education, we need to reexamine just why it is we are supporting them … Our principle — looking out for people — is undermined by our rule, “We must support teachers’ unions.”

Strong stuff, and right on point. Liberals are often ready to condemn how conservatives–especially conservative Christians–rely on the crutch of moral rules instead of truly thinking things through. But we need to look at the rafter in our own eye first.

The carrot instead of the stick

by @ 2:42 pm. Filed under Law & Politics

Stereotypically speaking, when it comes to crime, liberals are more concerned with solving the root causes; conservatives prefer punitive measures. But ironically, when it comes to international labor standards, liberals lose their heads, and start thinking only in terms of prohibition.

Nicholas Kristof shows that clearly in an NYT op-ed published yesterday:

It’s appalling that Abakr, like tens of millions of other children abroad, is working instead of attending school. But prohibiting child labor wouldn’t do him any good, for there’s no school in the area for him to attend. If child labor hawks manage to keep Abakr from working, without giving him a school to attend, he and his family will simply be poorer than ever.

In 1993, when Congress proposed the U.S. Child Labor Deterrence Act, which would have blocked imports made by children (if it had passed), garment factories in Bangladesh fired 50,000 children. Many ended up in worse jobs, like prostitution.

Most of us feel, however, that we can’t simply sit back and do nothing. But Kristof suggests that the best way to approach the problem is laterally:

It’s bribery. The U.N. World Food Program runs a model foreign aid effort called the school feeding program. It offers free meals to children in poor schools (and an extra bribe of grain for girl students to take home to their families). Almost everywhere, providing food raises school attendance, particularly for girls. “If there were meals here, parents would send their kids,” said Muhammad Adam, a teacher in Toukoultoukouli.

The UN World Food Program already has an on-going school feedings program. Kristof suggests that child-labor activists devote some of their time to fund-raising for the WFP.

The carrot still needs the stick to back it up, of course. International labor standards are still necessary. But they cannot be equivalent to Western standards. If the village school only goes to grade 4, there’s no point in forbidding 12-year-olds from working. It does make sense, however, to try to limit the hours that they work, and regulate the conditions under which they work.

But trying to create an ideal world through legislation is a doomed and myopic endeavor.

(link via Marginal Revolution)

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