Comments for anotherpanacea

Comment on Boumediene v. Bush by admin

admin — Sat, 14 Jun 2008 15:26:49 +0000

I don’t see why it would. The rights in the 4th Amendment explicitly inhere in “the people,” while the habeas privilege has the scope given it by common law.

Another way to look at the distinction is to distinguish the question of the scope of an individual right to judicial review from the systemic demand for the separation of powers. The phrasing in the Suspension clause places that question in the tradition of Marbury v. Madison. The majority was clearly motivated by its own feeling of entitlement, i.e. by the sense that the Constitution requires a certain balance of responsibilities and powers among the branches of government, which is why I highlighted the quote about saying “what the law is.” Judicial review is ultimately a right inhering in the judiciary, which only attaches to the individual as a matter of convenience.

Comment on Boumediene v. Bush by D. Joe Griffin

D. Joe Griffin — Fri, 13 Jun 2008 14:39:35 +0000

Does the Boumediene decision have any effect on the Verdugo-Urquidez decision in 1990 which did not extend 4th Amend. rights extraterritorially?

Comment on Arendt responds to Auden: “Of course I am prejudiced, namely against charity.” by admin

admin — Thu, 12 Jun 2008 12:31:32 +0000

2/14/1960: Valentine’s Day!

That’s particularly ironic considering that Auden later asked Arendt to marry him.

Comment on Arendt responds to Auden: “Of course I am prejudiced, namely against charity.” by Dr. J

Dr. J — Wed, 11 Jun 2008 16:51:13 +0000

This is a fantastic find!!

Is the letter dated?

Comment on Wedding Vows by Dr. J

Dr. J — Thu, 29 May 2008 13:43:33 +0000

My advice:

Cut. Paste. Read aloud at wedding.

Comment on How rich is rich? by Volunteer Voters » Seven Million Free

Volunteer Voters » Seven Million Free — Tue, 27 Nov 2007 13:32:30 +0000

[...] Another Panacea doesn’t think Hillary Clinton’s inheritance tax proposal is quite in keeping with progressivism: Seriously? Clinton is backing an inheritance tax that starts at $7 million dollars, saying that we Americans think people should have to ‘work for what you get.’ Except the first $7 million: that you get for free. Don’t get me wrong: I’m not a communist. But given the record deficits we’re facing, I think maybe we could go back to the old $1 million tax-free limit without really hurting anybody. If they want to be ‘truly wealthy,’ let them earn the last $9 million themselves. Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages. [...]

Comment on Coerced Testimony, Classified? by Appellate Law

Appellate Law — Mon, 22 Oct 2007 23:30:46 +0000

Why not more about the Second Circuit’s censorship?…

I am somewhat surprised to see that there has not been too much blogosopheric coverage of the Second Circuit’s failed attempt to redact details of Higazy v. Millenium Hotel and Resorts, in which the government conceded that an FBI agent…

Comment on Social Capital and Diversity by Phil the Thrill

Phil the Thrill — Mon, 04 Jun 2007 15:29:50 +0000

I didn’t read this post. But you owe me an email, dammit!…

Comment on Confessions of a Torturer by joshua

joshua — Thu, 05 Apr 2007 16:08:06 +0000

You know, I’m not entirely sure it’s ‘our fault.’ Frankly, I don’t know what political lever to pull to prevent this sort of behavior ‘in my name,’ and I get paid to think about such problems. How much more difficult is it for the average outraged citizen? In these cases, incapacity strikes me as non-culpability, though of course we must endeavor to prevent further torture with all our might. Short of protesting, voting, writing our representatives, and making arguments like this one in the public sphere, however, I think we may be powerless.

Comment on Confessions of a Torturer by econous

econous — Sun, 01 Apr 2007 07:24:52 +0000

The desire for easy wins far outstrips the supply of easy wars. Stress positions, sensory manipulation and straightforward cruelty are explicitly illegal. Those that care are statistically insignificant. Perhaps they should shout a little louder to make themselves heard above the din of simplistic compliance. It’s our fault that this is happening.