ObWi Poetry Slam #2. It’s Coming.

July. Past the Fourth. In school, it’s the long slow slide: past the pool, past camp, past the games of catch-the-firefly. When you get older (when I got older) there was the gathering threat of High School Football practice — the American kind — in the August heat with forty year olds who are still living a dream, and not a good one, and not too well. You don’t want to hit until you hit someone, good, and they fall down. That it’s not proper or right or mature or anything you’d want to be is part of the pleasure.

Boxing, I tried it once or twice. But I’m too slow and my swing goes wide round, a rounder to the place between the hair and the ear, not straight out with a snap. Not to the nose, like I know it should (but I can’t make my arms behave). It’s not the same. Not like football. I was terrified until the end, and then I started to terrorize others and the fun started. And then, too soon, it ended. Not too much as a surprise after you’ve been worn down a bit but, at eighteen, it was a bit of a shock.

The slam. Feels good; let’s replay it. It’s time to slam again. This Thursday at eight o’clock in the evening, please. It’s on. (So to speak.)

A taste of the last round follows. Trust me, you want to read them.

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Vacation

Have returned from vacation; have surveyed the world; have decided that the whole subject-verb-object thing was wrong from the get-go. New rule: use sentence fragments whenever possible. Was here: (View of Prospect Harbor, Maine from the front porch of Cabin von von-family.) Was quite nice.

Pssst.

Hey, Edwards. Ya wanna shake that “trial lawyer” label? Support the Class Action Fairness Act, which may come up for a vote today. Broadly put, it grants Federal Courts original jurisdiction to hear large (read, more than $5 million) class action claims brought on behalf of citizens of more than one state. (I’m oversimplifying; Overlawyered … Read more

Get Smart.

Kerry picked Edwards as his running mate. Quite* smart, I think. Being a bit pressed for time, though, I’ll leave it at that. von *In the U.S. sense, not the U.K. sense.

George Washington on Civility.

The Glittering Eye tackles civility, Founding Father’s style: These rules for civility were found in George Washington’s childhood copybook. . . . . 1 Every action done in company ought to be with some sign of respect to those that are present. 2 When in company, put not your hands to any part of the … Read more

Derbyshire alert (with apologies to Andy Sullivan)

This post by Clayton Cramer, while generally on track, contains one of the more idiotic allegations that I’ve ever read. Mr. Cramer apparently believes that there is some sort of “homosexual dominance of the legal system.” No discussion by me; no attack; no “fisking.” It’s not worth it. But let us agree that when one … Read more

The Soft Bias of High Expectations?

(Please take note that Professor Bainbridge has update his post; see my two updates at the bottom.) Professor Bainbridge has an interesting post up regarding the effects (or lack thereof) of diversity on workplace productivity. The question is whether diverse teams — mixing people of various ages, races, and demographic backgrounds — are more, less, … Read more

She’s going.

I’m sorry for this. I can’t help it. I’m still watching her go. My grandmother. (You’ll need to read the link to understand.) Ninety-one. Strong. Brilliant. Dying. She doesn’t sound the same. She isn’t there anymore. My father says that he and his brothers just want to get her to her cabin in Maine one … Read more

Why I’m pro-life.

Safe, yes. Rare — and legislated to make it so. Legal? Only where one evil is overwhelmed by another. Via Pejman. (Tacitus has a post up as well, and notes “I already thought the unborn fully human in any case.” Note to same: Humanity is not defined by biology alone.) P.s. I know this post … Read more

Don’t ask, don’t tell.

By popular (if Canadian) demand, here’s an open thread to discuss last night’s Canadian elections. Or perhaps Canalections. Or maybe Electians. Who really knows? It’s really cold up there, and some of ’em speak French. Like all good citizens of the United States, I make it my practice to know absolutely nothing about Canadian politics … Read more

Godwin’s law in Action.

What to say about the Bush campaign’s latest ad, “Kerry’s Coalition of the Wild-eyed“? Silly? Sure. Least-effective campaign ad ever? Probably. So bad that it’s destined to be screened at midnight on college campuses around the world? Very likely. The first shot in the ad is a statement that Kerry disagrees with every statement that … Read more

Don’t do this, please.

At least not here. From Sullivan: A BLOGOSPHERE CHALLENGE: It’s been extremely difficult to get a full transcript of the Michael Moore movie. So here’s a thought: why doesn’t some enterprising blogger take a tape recorder to a screening, transcribe the narrative, and post it? Then it’s a fiskathon. On your marks, get set … … Read more

Going Medieval.

The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive. (From Scalia’s dissent in Hamdi v. Rumsfeld; Scalia dissented because he would go further than the plurality in the Hamdi case, which found the detention justified but, contra the Bush … Read more

Fair notice

I have decided to support Joe Kernan (D) in Indiana’s gubernatorial race, primarily based upon (1) his reputation as a moderate and (2) Mitch Daniel’s (the Republican candidate) role in drafting a federal budget that included a near-unprecedented mix of spending increases and tax cuts. If this, coupled to my prior declaration that I cannot … Read more

Bainbridge gets there . . . .

. . . . And makes the same point that I made yesterday: Bush may be in better shape than conventional wisdom allows. Everyone assumes that the next election will be about security, Iraq, and the WoT — but what if it’s not? What if it follows the trend of the last few years, and … Read more

On language

Gotta agree with Professor Volokh on this one: What’s with those Jewish people? Why do some people think that it’s more polite to say “Jewish people” than “Jews”? I’ve heard some people say that “Jews” is somehow considered rude, and “Jewish people” is better, but I just don’t see why. Does anyone know the story … Read more

It was you. It was always you!

Tacitus writes: Forget economic indicators, battleground states, overall approval ratings, etc.: this is the real reelect number [a poll showing Kerry and Bush drawing even on the war on terrror]. If the President is perceived as being unable to handle in a clearly superior fashion the self-proclaimed central mission of his presidency, then he will … Read more

Moderation in the Pursuit of Justice is no Virtue . . . .

Obsidian Wings is the voice of moderation. We seized the radio station. Check the motto.

We’re not all moderates, of course — indeed, it’s quite likely that none of us are (my eternal protest that I’m the middle of the ObWi five may, in fact, protest too much). But we all claim, on our good days, to value discussion and exchange. Discourse, yes — before the term was corrupted by English departments everywhere. Which is why I’m particularly proud that I managed to pick fights of a sort over the last few days with Pejman Yousefzadeh, on the smart right, and Professor Leiter, on the smart left.

The disputes are facially different. With Mr. Yousefzadeh, I contend that his defense of Professor Yoo’s “torture” memorandum is too facile. With Professor Leiter, I contend that calling Justice Thomas a “lunatic” for Thomas’s Establishment clause non-incorporation argument is a lunacy too far. These disparate disputes, however, reveal a common theme: Is there a point in which politics — point of view — dissolves, and we’re left with a basic understanding that a certain argument is, or is not, objectively defensible. Regardless of your preferences, are certain claims out of bounds?

(Objectivity is a dirty word. Use consensus instead. And aren’t you stretching? . . . .)

Heedless of the inner voice (and knowing I’ve probably bit off too much to chew), I sally forth: Yes.

My responses to Mr. Yousefzadah and Professor Leiter follow.

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Placeholder (Here)

This post by Professor Leiter is a bit of a muddled-up attack on me (read Leiter’s post, then my post, and you’ll see why). I respect Professor Leiter quite a bit but, boy, can I understand why some folks think that he — not Justice Thomas — might be the “lunatic.” The guy attacks with … Read more

“No law respecting an establishment of religion.”

I do like Brian Leiter’s occasional takedowns of proponents of so-called “intelligent design,” but I must agree with The Curmudgeonly Clerk (and Professor Bainbridge): Leiter is dead wrong to say that Justice Thomas should be consigned to “the lunatic fringe” for proposing that the Establishment Clause of the First Amendment doesn’t apply to the states. … Read more

Half and Half

Pejman Yousefzadeh has responded to my critique of his defense of Professor Yoo’s “torture” memorandum on his blog. His contention that Professor Yoo’s memo does not contain Professor Yoo’s legal opinion remains decidedly unconvincing. On his other points, however, I’m in broad agreement. My response to his specific points are in the comments on his … Read more

You are now entering Interzone.

For some reason, I find the following to be both comforting and disturbing: In a city where few people drink, Baghdad’s sealed-off green zone counts at least seven bars, including a Thursday night disco, a sports bar, a British pub, a rooftop bar run by General Electric, and a bare-bones trai ler-tavern operated by the … Read more

Clever, but only by half

I agree: these Berkely protesters are nuts. Professor Yoo’s “torture” memorandum — though dreadful as a piece of writing, analysis, and research — is no reason to dismiss the man. (And, take note that even when I was in full “off with their heads” mode, I limited my criticisms to the DoD memorandum, not Professor Yoo’s).

That said, however, Pejman Yousefzadeh‘s criticism of the Berkely protestors is too facile, and misses the mark. Here’s what Yousefzadeh writes (via Glenn Reynolds):

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To Go Boldly

I know, I know, I said that I wasn’t gonna post no more this week . . . . Yet, as the resident (alleged) Grammer God, I must take issue with one of John Derbyshires‘ recent comments to KJL on “The Corner”: And I have noticed that you [KJL] have a tendency to split infinitives. … Read more

Three Little Birds

First, go read David Schuler’s piece on “Jacksonians, Wilsonians, and Hamiltonians at war” over at the Glittering Eye. I’ve been meaning to do an in-depth post on it since last week but haven’t found the time, and now probably won’t. Alas. Alack. Second, it appears that Tacitus has plunged through The Carter Horizon. Welcome to … Read more

Things we need and things we don’t

Kevin Drum and Mark Kleiman, in full schadenfreude mode, wonder “Is the Abu Ghraib scandal about to break wide open?” (Drum.) Indeed, there has been a bit of a drumbeat of late, pounding away even as Reagan’s body has lain in state. Among other things: — The steady drip-drip-drip of the torture memoranda. — More … Read more

Fishes.

A stunner in the case against Padilla, the U.S. Citizen who has been locked up for the last two years without judicial review as an “enemy combatant”: [A]dministration officials now concede that the principal claim they have been making about Padilla ever since his detention—that he was dispatched to the United States for the specific … Read more

“Many years later, as he faced the firing squad, Colonel Aureliano Buendía was to remember that distant afternoon when his father took him to discover ice.”

From Matt Yglesias, more evidence that, despite my best efforts, I am aging: I also wonder how novel all this hooking up is really supposed to be. Don’t Mike and Stacy hook up in Fast Times at Ridgemont High, a film from before my time? Also missing is the broader socioeconomic context. Nevermind the “broader … Read more

Good and Better

Kevin Drum gently criticizes Drezner, Yglesias, and me for (what I’ll roughly call) the “more troops” argument. Yglesias seems ready to concede; I’m not. Criticism 1: “The practical problem is that we don’t have 450,000 troops[,]” which is the number of troops Drezner suggests should have been deployed to Iraq. Drum is likely correct that … Read more

The right criticism.

Daniel Drezner writes an essential piece on what is wrong and what is right in our invasion and occupation of Iraq. The key graf is, I think, the final one:

The craft of foreign policy is choosing wisely from a set of imperfect options. While flawed, the neoconservative plan of democracy promotion in the Middle East remains preferable to any known alternatives. Of course, such a risky strategy places great demands on execution, and so far this administration has executed poorly. It would be a cruel irony if, in the end, the biggest proponents of ambitious reform in the Middle East are responsible for unfairly discrediting their own idea.

(via Matthew Yglesias, who notes that he’s been saying much the same thing, and is being (unjustly, I think) torn up by his commenteers.)

Drezner and Yglesias are essentially correct, although I would offer one caveat. We should not expect to establish democracy with one mighty blow, or claim that we could’ve erased a thousand years of history if only we had devoted one more armored calvary division. The invasion of Iraq may be justified in order to protect ourselves or our allies, but it cannot be justified on the hope that it will remake Iraq or result in the kinky execution of a reverse domino theory — that Iraq’s liberalization will cause other regimes in the region to also liberalize.

* * * * *

Indeed, wars do not create democracies — as we should have learned from the World Wars and, more recently, from our experiences in the Balkans.* Rather, long periods of stability and growing prosperity make democracies.

We prepared for the Iraq war, but not its immediate aftermath. That latter failing cannot be undone; now we must make do. But, if we do muddle through this period, there is another challenge still looming, and we have not yet decided how we will face it. This is the challenge of sustaining the growth and stability we hope to establish. This is the challenge of not only making, but keeping, Iraq as a friend.

This means, perhaps, preferring more expensive Iraqi oil to a cheaper Saudi alternative; continuing to invest in Iraq’s infrastructure — it’s roads, bridges, harbors, oil fields. It means giving tax credits to companies that do business in Iraq. And, most importantly (and most difficult for some to swallow), it means making real progress on the Israel/Palestinian conflict.

Yup, that’s right: If we do not take steps to resolve the Israel/Palestinian conflict, we will find any popular government that emerges in Iraq to be against our single most important ally in the region, and on the wrong side of the single most important regional political issue.** This is not a recipe for long-term stability (at least as a democracy).

So, this is our task, now: peace in the Middle East. Let’s get to it, Mr. President; it’s likely not going to happen overnight.

When you dream, dream big (I suppose).

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How not to make a point.

From “steve” at The Daily Kos: Everyone, I am pleased to announce a great victory in the little land we call the blogosphere: I was checking out Little Green Footballs (LGF) earlier today, and I noticed that Charles (the head of LGF) seemed to disagree with Instapundit & Lt. Smash over whether the FBI should … Read more

Heartsickness and anger

This display of left-wing idiocy is indefensible. The article says a “lack of tolerance” is to blame. Malarky. It’s a lack of basic intelligence. (Via Eugene Volokh; David Bernstein follows up with a well done discussion of “Zionism,” which I commend to you.)

Swamped, but . . . .

I’m swamped with a melange of matters, so it’s light posting from me this week.* Still, I have to pass the following along:

Heard a talk last Friday by one of the central players in the creation of a judiciary in Bosnia and Kosovo at the conclusion of the war. (Full disclosure: my firm represented the Bosnian and Croatian governments in certain post-conflict negotiations.) He said there were three central lessons from the Balkan conflict:

(1) If you provide police or peacekeepers, arm them.

(2) If you provide police or peacekeepers, provide a lot of them.

(3) The Germans and Canadians can be key allies because they are particuarly adept at translating Americanese into French and UNese. They understand us, and they are capable of making the French and the UN understand us — which is a rougher trick than you might think.

Well, one out of three . . . .

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