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law student weblog, features daily posts and occasional symposia about law and law school. -- today in history (1862) - the u.s. government forbids all union army officers from returning fugitive slaves, thus effectively annulling the fugitive slave law of 1850 and setting the stage for the emancipation proclamation. on the same day in 1865, the confederate congress voted to enlist 300,000 black troops, granting them freedom with the consent of their owners. lee surrendered a few weeks later. -- april 22, 2009 courtesy of co-blogger chris, a columbian in columbus by pg at 02:17 am | concur & dissent (0) | citations (0) -- march 13, 2008 today / 03.13.08 by pg today in history (1862) - the u.s. government forbids all union army officers from returning fugitive slaves, thus effectively annulling the fugitive slave law of 1850 and setting the stage for the emancipation proclamation. on the same day in 1865, the confederate congress voted to enlist 300,000 black troops, granting them freedom with the consent of their owners. lee surrendered a few weeks later. at 06:44 pm | concur & dissent (0) | citations (0) -- good movies about the war in iraq by pg judging by the vietnam precedent, wherein the first significant movies like deer hunter (1978) and apocalypse now (1979) were released after the last american had left (1975), i'm guessing we have a while to wait. in contrast to a yank in viet-nam (1964), to the shores of hell (1965) and of course the green berets (1968), however, the mediocre films that have been made in the first five years of the current conflict are not pro-war. update : at least there are brave filmmakers, including ben "bad to the bone" stein, to demand tenure and funding for professors who consider themselves competent to declare that evolution didn't occur. the movie's blog refers to pz myers as "atheist blogger and fabulist," neglecting to mention that he is an actual biologist. pity that the filmmakers took a hostile attitude toward christian intellectual dr. francis collins. continue reading "good movies about the war in iraq" at 12:12 am | concur & dissent (1) | citations (0) -- march 12, 2008 here we go again by pg geraldine ferraro has taken up ramesh ponnuru's cry that one can't criticize barack obama without being called a racist. like ponnuru, she cheerfully ignores that one only opens oneself to the accusation by bringing up race at all. for example, mccain's attacks on obama for being ignorant about al qaeda in iraq have not been countered by saying they are racist. obviously they're not, because mccain never mentioned race in this criticism, nor at any other time. perhaps the one good thing about republicans' insistence that we should all be color-blind is that their candidates have thus far been quite good about not seeing race in this campaign. both their praise and criticism of obama have been for non-racial qualities: his charisma in the plus column, his inexperience and liberalism as minuses. if the republican nominee can make cutting, sarcastic remarks about obama without getting into race, i begin to wonder why obama's opponents within the democratic party can't do the same. obama's campaign is well aware that he needs to win a large percentage of white votes, so they don't bring up race much themselves, because it's not a winning issue for him with undecided white voters. however, if someone else makes any reference to race in a criticism of obama, then the campaign's asking why race is being raised is logical, because the criticizer did it first. thus far, the only significant commentator who i have heard make a wrongful claim of racism has been orlando patterson , of whom ferraro also complained. in a nytimes op-ed, he questioned why there weren't any black kids in clinton's 3 am ad and said, "in my reading, the ad, in the insidious language of symbolism, says that mr. obama is himself the danger, the outsider within." while patterson may be right that the clinton campaign along with conservatives is trying to portray obama as an outsider to america, especially white america -- supported only by blacks, unpatriotic, possibly muslim, etc. -- this specific ad was at most an unconscious attempt to do so. as we've seen over and over with republicans' amusement that democrats would run two, two minority candidates, many whites' default idea of america is that it's white, and of power is that it's male. presidential candidates' race and sex only become an "issue" if they're not white males. even assuming patterson is correct that none of the children are black (they're so dimly lighted, i couldn't tell), it probably just didn't occur to anyone in the clinton campaign that it would be nice to show a black kid to communicate that the danger against which clinton will protect us is a danger to all americans, regardless of race. it was not an intentional effort to exclude african americans. at 05:30 pm | concur & dissent (0) | citations (0) -- march 05, 2008 how willingness became weakness by pg michael gerson in today's washington post engages in a thought experiment in order to conclude that obama cannot stand by his campaign pledges without becoming a foreign policy failure. gerson declares that obama will make an "inaugural pledge to 'pay any price, bear any burden, fly any distance to meet with our enemies,'" and that obama has "made iranian talks 'without precondition' his major foreign policy goal." gerson evidently didn't trouble himself to listen to obama's speeches or even skim the foreign policy section of his website . at the top of that page is a quote from the speech that david brooks recently called the defining moment of obama's candidacy: continue reading "how willingness became weakness" at 01:49 pm | concur & dissent (0) | citations (0) -- march 03, 2008 the spreading confusion about child pornography by pg echoing the theme of a 2006 lawsuit against google (which the plaintiff rapidly moved to dismiss), sen. mccain seems to conflate two distinct problems in the threat posed to human dignity by internet pornography. ... however, there is a darker side to the internet. along with the access and anonymity of the internet have come those who would use it to peddle child pornography and other sexually explicit material and to prey upon children. john mccain has been a leader in pushing legislation through congress that requires all schools and libraries receiving federal subsidies for internet connectivity to utilize technology to restrict access to sexually explicit material by children using such computers. while the first line of defense for children will always be strong and involved parents, when they send their child to school or drop their child off at the library, parents have the right to feel safe that someone is going to be looking out for their children. continue reading "the spreading confusion about child pornography" at 04:54 pm | concur & dissent (0) | citations (0) -- march 02, 2008 after hiatus, back to con law by pg i encountered erwin chemerinsky in his professorial (as opposed to author/ litigator/ talking head ) capacity for the first time in his videotaped barbri lecture on constitutional law, one of a few subjects in which none of the lecture felt like it was introducing brand new material, and the first subject in which i could remember the names of the relevant cases as i went through the outline. the lecture helpfully tipped us off to how to apply con law to multiple choice questions; for example, chemerinsky noted that when the question asks who is the "best plaintiff" out of a group in which no one seems to have standing for certain, the answer is the plaintiff who suffered personal economic loss. because it's probably the area of bar-tested law that i know best, however, some of the summaries puzzled me. for example, with regard to third party standing chemerinsky said that such standing is allowed if there is a close relationship between the plaintif

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