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Hey folks. Sorry that the blogging has been really sparse of late - it’s exams season here at Marquette University and my RSS reader has literally 488 posts in the backlog. So rather than original analysis, take these 3 quick hits.

First, in honor of Dr. Christopher Wolfe’s last lecture at Marquette, consider this from Romer v. Evans, Justice Scalia’s dissent, which Dr. Wolfe recently identified as one of his favorite passages in American constitutional law:

When the Court takes sides in the culture wars, it tends to be with the knights rather than the villeins–and more specifically with the Templars, reflecting the views and values of the lawyer class from which the Court’s Members are drawn. How that class feels about homosexuality will be evident to anyone who wishes to interview job applicants at virtually any of the Nation’s law schools. The interviewer may refuse to offer a job because the applicant is a Republican; because he is an adulterer; because he went to the wrong prep school or belongs to the wrong country club; because he eats snails; because he is a womanizer; because she wears real animal fur; or even because he hates the Chicago Cubs.
But if the interviewer should wish not to be an associate or partner of an applicant because he disapproves of the applicant’s homosexuality, then he will have violated the pledge which the Association of American Law Schools requires all its member schools to exact from job interviewers: “assurance of the employer’s willingness” to hire homosexuals. Bylaws of the Association of American Law Schools, Inc. §6-4(b); … This law school view of what “prejudices” must be stamped out may be contrasted with the more plebeian attitudes that apparently still prevail in the United States Congress…

And then another classic of Con Law brought to our attention by Dr. Wolfe, from then-Associate Justice Rehnquist’s dissenting opinion in Carey v. Population Services. Talk about a rhetorical flight:

Those who valiantly but vainly defended the heights of Bunker Hill in 1775 made it possible that men such as James Madison might later sit in the first Congress and draft the Bill of Rights to the Constitution. The post-Civil War Congresses which drafted the Civil War Amendments to the Constitution could not have accomplished their task without the blood of brave men on both sides which was shed at Shiloh, Gettysburg, and Cold Harbor. If those responsible for these Amendments, by feats of valor or efforts of draftsmanship, could have lived to know that their efforts had enshrined in the Constitution the right of commercial vendors of contraceptives to peddle them to unmarried minors through such means as window displays and vending machines located in the men’s room of truck stops, notwithstanding the considered judgment of the New York Legislature to the contrary, it is not difficult to imagine their reaction.

Finally, my way of taking a break from studying has been reading CICERO: The life and times of Rome’s Greatest Politician. It’s my third pass through the book (I’m somewhat of a Cicero fan).

This is Cicero’s comment on Julius Caesar:

When I notice how carefully arranged his hair is and when I watch him adjusting the parting with one finger, I cannot imagine that this man could conceive of such a wicked thing as to destroy the Roman constitution.

This is my comment on Cicero’s comment.

With 45th pick of the 7th round of the 2008 NFL Draft, the St. Louis Rams selected David Vobora, Outside linebacker from Idaho, as this year’s Mr. Irreleavant, the 252 and last overall pick in the draft. Vobora, will join other Irrelevant players like Ramzee Robinson, Andy Stokes, Kevin McMahan, and the pride of Gustavus Adolphus Ryan Hoag.

The 6’1” 236lbs Ouside Linebacker gets quite a special treatment as Mr. Irrelevant. including a welcoming reception, banquet dinner that presents the Lowsman Trophy (opposite of the Heisman), a trip to Disneyland, a surfing adventure, a beach BBQ and tailgating party. Oh and the last player drafted gets the coolest customized jersey ever with the name Mr. Irrelevant on the back with #252. If I could get that jersey, I would.

The title of Mr. Irrelevant arose in 1976, from former USC and NFL Wide Receiver Paul Salata. Some players that have received the award go to contribute to NFL teams including Jim Finn who started at Fullback for the New York Giants and Mike Green has been a starting safety for the Bears, Marty Moore became the first Mr. Irrelevant to play in a Super Bowl and is a current back up for the Seahawks.

Here is ESPN’s take on Vobora: In his first three seasons at Idaho (2004-’06), Vobora appeared in all 35 games (21 starts) had 194 tackles (15.5 for losses), two sacks, five forced fumbles, an interception and four pass breakups. As a senior in 2007, he played all 12 games and piled up 148 tackles (6.5 for losses), one sack, one forced fumble and an interception. Vobora didn’t miss a game in his Vandals career. Vobora doesn’t have any notable physical attributes but he’s smart, tenacious and just athletic enough to develop into an effective reserve linebacker who also contributes on special teams.

As Ronald Reagan’s top policy aide in the White House and Attorney General of the United States from 1985-1988, Ed Meese has earned his reputation as an American statesman. Currently chair of the Center for Legal and Judicial Studies at the Heritage Foundation, Meese helped spark renewed attention to originalist jurisprudence as AG. On Thursday, April 17, General Meese will visit Marquette Law School to answer the question, “Would the Founding Fathers Recognize Today’s Supreme Court?”

Thursday, April 17th
11:45: Free Lunch catered by Einstein Bagels
12:15: Lecture and Q&A

Marquette Law School
1103 W. Wisconsin Avenue
Eisenberg Hall - 3rd floor
Sponsored by The Federalist Society

Even though baseball is getting underway (the Brewers are 13 outs -and 3 runs- away from a sweep of the Cubs, On pace for 162-0 Season, Braun is 53 games away from tying Joltin Joe DiMaggio’s 56 game hitting streak) and Marquette Women’s Basketball is playing for the NIT Championship, I feel that the NFL is deserving of comment.

Yesterday the NFL announced a handful of rule changes that will easily make the game better. However one rule that was proposed to be changed won’t be and that’s a good thing. Wild card teams that a better record than the division champion will not get a home playoff game. I would not be in favor of wild card teams getting a home game if at all possible.

Rules that were changed include the elimination of the five yard facemask rule. Which is great because no referee ever called any running back for stiff-arming a linebacker in the face, but they got offensive linemen for it rather often.

Here are the other rules that were changed:

• Officials won’t allow completions if a receiver makes a catch but is forced out of bounds while in the air. Officials will have to decide only whether a receiver landed in bounds.
• Instant replay will be available to review extra-point and field-goal attempts that bounce off the support that is behind the crossbar.
• Coaches will be able to defer a decision on the opening coin toss, as their college counterparts are able to do. Previously, NFL coaches who won the coin toss could decide only to kick or receive to open the game, rather than make the decision for the second half.
• A direct snap from center that goes backward will be treated as a fumble, rather than a false start.
• The 5-yard penalty for an incidental face-mask infraction was eliminated. A 15-yard penalty will be assessed for twisting or grabbing the face mask

The only other real important rule changed would be the force out rule change. It’s so questionable whether a receiver would ever come down in bounds if they were pushed out.

Now the only rule that could make the game better would be that the NFL adopt the college football style overtime rules.

—
Even though were a few games into the season I feel like I can still post my MLB 08 predictions. Its important to have them documented to prove how right you are in the post season

NL
East: Mets
Central: Cubs
West: Diamondbacks
Wild Card: Brewers

NL Champ: Mets
MVP: David Wright (Mets)
Cy Young: Johan Santana (Mets)
ROY: Fukudome (Cubs)

AL
East: Red Sox
Central: Tigers
West: Los Angeles Angels of Anaheim of California of The United States of America of North America…
Wild Card: Yankees
**The Tampa Bay Rays will finish above .500****
AL Champs: Tigers

MVP: Alex Rodriguez (Yankees)
Cy Young: Josh Beckett (Red Sox)
ROY:Jacoby Ellsbury (Red Sox)

World Series: Tigers over Mets in 6

I saw this story in today’s Journal Sentinal about “the traditional Japanese way of eating delicate” Sushi, and it reminded me of one of Stuff White People Like’s greatest posts.

Now that sushi has been established in the United States for some 30 years - and has gained immense popularity in the past decade - a lot of habits have been formed. Most sushi fans believe they know “the rules,” and others feel it’s OK to make up their own [ie the wrong type of white people, as Christian Lander says].

And in a sense, it is. Sushi has evolved over more than 300 years in Japan. A lot of new ingredients were added to the panoply of Japanese cuisine since the nation’s recovery from World War II, when Japan first built a modern deep-sea fishing fleet.

And it was the convenience-minded Japanese who more recently invented conveyor-belt sushi service.

Also, many of the items found on a typical U.S. sushi menu were invented here, including such obvious ones as California, Alaska and Philadelphia rolls. It’s no surprise that Americans have few compunctions about adopting our own etiquette for eating it [ie, again, the wrong type of white people].

I give you Stuff White People Like’s Sushi-entry:

Regardless if you are vegetarian, vegan, or just guilty about eating meat, all white people love Sushi. To them, it’s everything they want: foreign culture, expensive, healthy, and hated by the ‘uneducated.’

But there are different levels of white person Sushi love. At the bottom are the spicy tuna/california roll eaters. These are the people who get their fix at places named “Rock And Roll!” “Magic Sushi Company,” or Trader Joes-type supermarkets. Often times, this sushi isn’t the most authentic, but white people can’t get enough!

The next level up is the entry level Sushi snob, these are people who still love rolls, but are willing to branch out to Salmon and Tuna sashimi, maybe even eel.

Finally, you have the white sushi snob. These people just take it all way too far. Often times, they will only sit at the sushi bar, will try to order in Japanese and will only order Omakase. These people will often be extremely critical of anyone who eats a roll of any type or does not properly flip the nighiri into their mouths.

When white people get Sushi they all want to order Sake to complete the authentic experience.

So, how can this information be turned into personal gain?

White people are obsessed with finding good sushi, therefore if you offer to take them to ‘the best sushi place’ in town, you are sure to have them accept. If you are asian man, this is an almost no-fail method of getting dates with white girls, and maybe, just maybe joining Bruce Lee and Paul Kariya’s dad.

In addition, going out for Sushi is considered a special evening in white person culture. Not as special as breakfast, but still, it comes with expectations.

For the uninformed: Stuff White People Like is a satire of yuppie white liberal culture. And it is a thing of beauty.

On Thursday I flew out to D.C. for CPAC, and in the seat right next to me on the Midwest flight was the Hon. Gwendolynne S. Moore, M.C. We had a wonderful talk about a whole plethora of issues, political and non-political, during the flight. But one that did come up was the fact that people not convicted of crimes still show up as charged on CCAP. Thus, I was very pleased today to see that Rep. Robin Vos is pushing a bill to take the not guilty verdicts out of the Internet searchable database. While I understand that “public records are public records,” the bill does not make these not guilty verdicts/dismissed/dropped charges no longer public records, it merely makes them no longer available to be searched on the Internet via CCAP. Not only is the bill good policy, it fits with the fundamental notions of American justice, including the fundamental tenet that you are innocent until proven guilty.

Second, tomorrow is, of course, Valentine’s Day. For most people, it is a day for romance and appreciating the special people in our lives. For radical feminists, however, it is V-Day, which is celebrated by performances of the Vagina Monologues. I note that this year, unlike last year or the year before, there was no public controversy over the Monologues at Marquette. Presumably this is so because no student organization or faculty member pushed for a performance on campus. It does continue at some Catholic collegiate institutions, however, and the University of Notre Dame is unfortunately still one of them. Meanwhile, the U.S. Conference of Catholic Bishops’ Committee on Doctrine, which includes seven bishops from across the nation, had been scheduled to hold a long-scheduled theological seminar at ND this week. However, the seven bishops on the Committee decided to move the seminar elsewhere as an explicit protest against the play’s performance under ND’s auspices.

During the debate last year over the Monologues at Marquette, this blog highlighted the statements of several individual bishops against the performance of the Monologues at Catholic colleges. An explicit statement by the USCCB’s Committee on Doctrine, however, takes to a higher level the condemnation of these performances by those charges with teaching authority in the Church.

The following is an article about the University of Michigan’s plan to eviscerate the First Amendment right to free speech on its campus (this article is reproduced with the consent of Michael O’Brien, Editor-in-Chief of The Michigan Review):

The College of Literature, Science, and the Art’s Facilities and Operations Department is considering adopting regulations that could seriously affect the ability of student publications to distribute their products on campus, according to various interviews and documents obtained by The Michigan Review. (A copy of the draft policy can be found by clicking here.)

According to preliminary drafts of the proposed policies, distribution of publications would be limited to those governed by the Board of Student Publications (which includes The Michigan Daily and humor magazine The Gargoyle) and student organizations approved by the Michigan Student Assembly. The policy also forbids distribution of materials between April 14 and September 15. The Michigan Daily currently distributes a weekly summer issue on campus.

Robert Johnston, the Director of Facilities and Operations for LSA, said that this policy has been under consideration for the last two years, and is intended to minimize the amount of clutter and litter associated with publications being scattered around LSA buildings. The policy additionally seeks to limit access to outside publications, specifically commercial publications distributed in University facilities.

“We want to provide a place that publications can be distributed from, and still allow them to attain access,” said Johnston, adding that LSA is considering constructing what he called “nodes,” similar to the cubbies in the Michigan Union, for publications.

According to the draft policy, to gain access to these nodes, publications would have to apply on a “first-come, first-serve” basis. To accommodate all publications, though, the policy says, “LSA reserves the right to limit the number of times per academic term and/or per year in which a recognized student organization will be granted permission to distribute publications in LSA facilities.”

“What we need to do is determine which publications are distributed in which buildings,” said Johnston, “because we can’t accommodate everyone everywhere.”

The latest draft was presented to the Board of Student Publications Monday, raising the concern of some in attendance. Samuel Offen, the Student Publications General Manager, said he had concerns about the policy when it was first introduced.

“I just don’t like that they can decide who gets to distribute and who doesn’t get to distribute,” said Offen. “Even though I understand their need regards safety or security or financial-having to pay for additional custodial work-anytime anyone determines who gets to distribute publications, I think that’s a concern.”

Maya Kobersy, the Assistant General Counsel for the University, said the regulations are permissible as “time, place, and manner” restrictions under the First Amendment. Kobersy, who helped develop the distribution policy, said the University is “concern[ed] about the disruption to the educational nature and character” of its facilities posed by extraneous materials in LSA buildings.

LSA buildings, she asserted, are not “public” venues under the Constitution, and the entire facility– even the hallways and commons areas accessible after-hours– are encompassed by that policy. She concluded that the regulations pass muster.

“We are limiting things only in terms of there being so many racks,” said Kobersy. “That addresses the clutter issue.”

“I don’t have any knowledge of an intent to change the policy,” said Kobersy, when asked if the University will back off of this policy which could be challenged on legal grounds.

There could be other significant constitutional issues associated with the proposed guidelines, Adam Goldstein, an Attorney Advocate with the Student Media Law Center said.

“On rational basis, the amount of approvals [for distribution] given is not at all related to how many issues are handed out,” said Goldstein. “It doesn’t even address the problem. It does not approach the level of First Amendment compliance required of any state in the country.”

Though there are a few schemes where pre-approval can limit free speech, Goldstein said that this is not one of those cases for the University.

The process regarding violations to this policy gives power to the LSA Facilities as well as the Michigan Student Assembly (MSA) to assess violations. The policy states that organizations in violation “may be denied future opportunities to distribute or display publications in LSA facilities, or may be subject to other disciplinary action.”

Central Student Judiciary Chief Justice Alex Edelson said that he has not been informed of the policy.

“We have not been made aware but that’s not something that is offensive. It may be standard operating procedure,” said Edelson. Edelson said that CSJ has been given new powers by the administration during his tenure. ”

CSJ has evolved a lot over the last few years. It has just developed its source of power. There are moredetails we are still trying to work out regarding where CSJ fits into dispute resolution on campus,” said Edelson.

Edelson said CSJ’s purpose is to review violations to the MSA Constitution and to the Student Code of Conduct. University officials can choose to enlarge CSJ’s power. While Edelson did not comment directly upon the proposed policy, he said that CSJ involvement in similar issues only arises when a compliant is brought before CSJ.

“If you wanted to challenge the policy, that might require that you go to someone higher up in the administration,” said Edelson.

While CSJ had not been informed about the development of the policy, Jennifer Garfinkle, the business manager for The Gargoyle Humor Magazine, said her organization had been made aware of the policy. Garfinkle said that Cynthia Alexander, an LSA Facilities Manager, informed her of the policy proposal when she requested information about placing new stands on campus. Garfinkle expressed concerns about the policy’s impact on publicity.

“One of the main problems we have is recognition on campus, having a limited amount of time to have our publications in racks will severely limit the exposure that we do have on campus,” said Garfinkle. While Garfinkle said the policy would negatively impact The Gargoyle, she could not see how The Michigan Daily could follow the policy.

“Basically, just from the two week limitation at the start and the end of the semester, The Daily prints on the first day of the semester and on the day the semester ends and so it does not make sense for them” said Garfinkle.

Garfinkle, who was not aware of an updated proposal that enlarged the role of the Board of Student Publications, also criticized the role of MSA.

“My only real concern with MSA is if they had to approve materials that get put into racks,” said Garfinkle. She also said that The Gargoyle has scheduled meetings through Offen to provide input on this policy.

According to incoming Michigan Daily Editor in Chief Andrew Grossman, the Michigan Daily also has plans to meet with university administrators.

“We’re going to sit down with someone from LSA and talk about the policy, but I think its wrong to restrict publications,” Grossman said. Grossman continued that the Michigan Daily has always been an avodacte of first amendment rights.

“The first ammendment supports our right to distribute our publication, and we fully support the right of aohter publication to distribute theirs,” said Grossman

The Foundation for Individual Rights in Education (FIRE) issued a statement Thursday blasting the proposal.

“Restricting student speech by excessively tight control on distribution of printed material is a dangerous step for a public university to take,” said Will Creeley. Creeley, an Associate Director for Legal and Public Advocacy at the Foundation for Individual Rights in Education, held that while the policy under consideration by the University may pass constitutional muster, it seems “strikingly harsh.”

In e-mail correspondence, Creeley took issue with the need for publications to apply, the regulation of display stands, the limitations on the number of distributions per term, and the possibility of internal judicial sanction. Creeley said that, while attempts by universities to regulate the distribution of student-produced print materials are not new, U-Ms proposal goes to greater lengths than most.

“Indeed, the University seeks here to institute a far more labyrinth process for distribution than FIRE normally sees, particularly at public universities,” said Creely.

Goldstein echoed Creely’s sentiment.

“This is either insincere or a monumentally ineffective way to do this,” said Goldstein. “Generally speaking, employees of the state are more sophisticated than this.”

Tomorrow at noon, Judge William H. Pryor, Jr. of the U.S. Court of Appeals for the 11th Circuit will deliver a lecture entitled, “Murder of a Priest: Catholics, the Struggle for Civil Rights, and the True Calling of Lawyers” at Marquette University Law School. All of the details are here: Pryor Info. Please join the Federalist Society and St. Thomas More Society at MULS for this special event. Plus, free lunch!

Defending the American Dream-
Wisconsin Summit

When: Saturday, February 9th, 2008
Where: Country Springs Hotel, Pewaukee

For additional information call 414-475-2975

To register: www.defendingthedream.org

Registration is $29.00 (includes lunch and closing reception)

Economist Tyler Cowen of George Mason University has a column discussing economic issues with the New York Times. In his current issue he discusses research on the impact of cold weather on fatalities. Some bad, though not unexpected weather for those of us living in the frozen tundra:

Spells of extreme cold kill over 27,000 Americans each year, or about 700 people each very cold day. Heat waves may receive more publicity, but it turns out that cold periods — days with an average temperature below 30 degrees —have more significant and longer-lasting effects on human mortality. More people die in cold periods than in homicides.

Extreme cold brings cardiovascular stress as human bodies struggle to adjust to the temperature; many of the deaths in these periods come through heart attacks. Heat waves tend to kill people who were already weakened and would have died soon anyway; cold periods bring additional people to the verge of death.

When retired people move to a warmer state, their life expectancy rises dramatically. In fact, 8 to 15 percent of the increase in American life expectancy over the last 30 years comes from people moving to warmer climates, according to research done by two economics professors, Olivier Deschenes at the University of California, Santa Barbara, and Enrico Moretti, at the University of California, Berkeley.