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The Power of the SCOTUS II: "Release the Kagan!"

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Re: The Power of the SCOTUS II: "Release the Kagan!"

I'll trade snark for snark, but on the off chance that an actual discussion is to be had . . . can someone explain in a coherent sentence what about that thesis disqualifies the author from public service?

OMFGLOLBBQ!!! WUT DOESINT!?! SHEZ A HARDDDDDDOCORE COMMIIE!!!
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Mmmmmmmmmmmm, troubling. :p

I don't think she's a communist. I think she's a witch.

Kissinger wrote his thesis on Metternich. Obviously he was a secret Austrian. And who else was an Austrian? Hitler!
But does she weigh as much as a duck?
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

How Eric Erickson is not in violation of U.S. Copyright Law for disseminating it on a commercial website?

Yup, cease and desist letter sent today apparently. Still, it's out, and I'm sure it's the hands of an untold number of people by now though.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Yup, cease and desist letter sent today apparently. Still, it's out, and I'm sure it's the hands of an untold number of people by now though.

I love how that clown is now portraying himself as the victim, suggesting that Princeton (and Kagan) have something to hide.

He. Broke. The. Law. It doesn't take world-class jurisprudence to see it. Violating copyright law isn't up there with murder, but that's beside the point. Arguing that laws can be ignored when inconvenient doesn't strike me as a very Red State position.

But who cares. This isn't about Kagan. It's about the debate about Kagan. And mission accomplished. The guy's added to that, justifying his website's existence in the process.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

I love how that clown is now portraying himself as the victim, suggesting that Princeton (and Kagan) have something to hide.

He. Broke. The. Law. It doesn't take world-class jurisprudence to see it. Violating copyright law isn't up there with murder, but that's beside the point. Arguing that laws can be ignored when inconvenient doesn't strike me as a very Red State position.

But who cares. This isn't about Kagan. It's about the debate about Kagan. And mission accomplished. The guy's added to that, justifying his website's existence in the process.

I pretty much agree with you. As much as I would love the thesis to have been the ****ing indictment of Ms. Kagan, I really don't see it. I also don't see it being taken down as an indication of Princeton having something to hide either, but whatever.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

The thing is, he's using it to draw visitors to a site that collects ad revenue.

There's no rule preventing him from discussing it, citing it, or <s>misinterpreting</s> criticizing it. The whole thing is just political theater.

And it's working, b/c it's even got college hockey fans talking. :D
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

I read the first ~10 pages of it, and I can't help but make the following conclusions:
1) It was boring.
2) Writing about socialism doesn't make her a socialist.

Unless her tone changed dramatically later in the paper, I don't see what the big *'ing deal is about what she wrote. It's not like she wrote a new socialist manifesto.

I fully expect her to be just another typical lefty judge that votes with that bloc on the court should she be confirmed. In other words, nothing will change from the way it already is with Stevens. It's amazing how worked up people can get about maintaining the status quo. :rolleyes:
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

I read the first ~10 pages of it, and I can't help but make the following conclusions:
1) It was boring.
2) Writing about socialism doesn't make her a socialist.
:

I skimmed a few parts yesterday. It's a by-the-numbers thesis in social science / history.

1. Take a question/puzzle: Other countries have socialist parties that aren't electorally irrelevant. The United States does not. What accounts for the difference.

2. Look at existing literature and identify common threads: Most accounts focus on American political culture or on institutional design (2-party system).

3. Identify gaps in literature and propose an explanation that "fills" one: to what extent were the Socialists responsible for their own irrelevance? Bonus points here for being clever. If socialists are all about mobilization and political organizing, it's kind of interesting if their deficiencies in those areas sunk them.

4. Use whatever historical methods are accessible to an undergrad (I dunno how good she was at that point, I'm no historian) and see if if evidence bears it out.

5. ?

6. Profit

It's pretty well written for an undergrad, though it does have that 'precious' tone common to many precocious undergrads who want to impress. Flowery, emotive language, that kind of stuff. Maybe she did get wrapped up in it while she was writing it. It happens.

What it clearly isn't is a manifesto about how Socialism is the true and right path, and a detailed how-to guide for aspiring socialists to get it right in the 20th/21st Century.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Remember when Sotomayor was going to end the world? Same thing.

Nothing matters until there is a chance to shift the Court, like Bakunin wrote. It probably won't even happen with the next nominee, assuming Ginsburg announces next April.

Now, if Obama is still president when Scalia takes a powder, the blood will run in the streets.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Now, if Obama is still president when Scalia takes a powder, the blood will run in the streets.
I doubt Scalia would retire with Obama in office knowing that his replacement would be a game-changer on the court.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

I doubt Scalia would retire with Obama in office knowing that his replacement would be a game-changer on the court.

Oh me too, he's hyper-political. He is the oldest after Ginsburg, though.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Oh me too, he's hyper-political. He is the oldest after Ginsburg, though.
If it meant guaranteeing a conservative replaces him, he'd allow himself to be a nano technology guinea pig to sustain himself long enough for a republican president to occupy the white house - even if it takes another 18 years. :p
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

If it meant guaranteeing a conservative replaces him, he'd allow himself to be a nano technology guinea pig to sustain himself long enough for a republican president to occupy the white house - even if it takes another 18 years. :p

Height of irony if he needed stem cell tech.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

The confirmation process takes way too long in the age of the internet and 24 hour news cycle. The minute Stevens announced his retirement it was known Kagan was under consideration, and if there was anything of substance out there about her, it would have been known already. So what's the hold up? If you see nonsense stories about freshman year essays, its time to move to a vote.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

If it meant guaranteeing a conservative replaces him, he'd allow himself to be a nano technology guinea pig to sustain himself long enough for a republican president to occupy the white house - even if it takes another 18 years. :p
Well, that is what Stevens did.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Well, that is what Stevens did.
He wasn't seriously tested, though. He only had to last through two terms of republican rule. Now if McCain had won, and Stevens had to survive another 8 years before retiring, that would have been impressive.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

He wasn't seriously tested, though. He only had to last through two terms of republican rule. Now if McCain had won, and Stevens had to survive another 8 years before retiring, that would have been impressive.
Stevens was already 80 when Bush was elected! If Obama wins a second term, at the end of that term Scalia will be 80, and then he'll have to stay on the Court another eight years after that to be as old as Stevens was when he announced his retirement.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

The confirmation process takes way too long in the age of the internet and 24 hour news cycle. The minute Stevens announced his retirement it was known Kagan was under consideration, and if there was anything of substance out there about her, it would have been known already. So what's the hold up? If you see nonsense stories about freshman year essays, its time to move to a vote.

you mean its time for hearings to see what she thinks, right? I'd love to hear her thoughts on Kelo v. New London.

edit: there's also some discussion on her restrictive view on the first amendment... something about the desire to restrict "over represented" speech.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

you mean its time for hearings to see what she thinks, right? I'd love to hear her thoughts on Kelo v. New London.

edit: there's also some discussion on her restrictive view on the first amendment... something about the desire to restrict "over represented" speech.

http://www.washingtontimes.com/news/2010/may/13/stevens-kagan-and-property-rights/

Interesting read. I like the fact that she takes a more sane approach to personal property. I still can't believe the court sided with eminent domain on that...
 
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