The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Monday, November 24, 2014

The amazing story of a stray dog that followed an extreme adventure team through miles of Amazon jungle - The Washington Post

They offered the pathetic-looking animal, mud-splattered and bleeding, a Swedish meatball. The dog lapped it up. And from that moment on, the dog wouldn’t leave the team’s side. They thought he would disappear back into the jungle. But he didn’t.

via www.washingtonpost.com

November 24, 2014 | Permalink | Comments (0)

Hong Kong protests spur renewed debate over ‘patriotic’ education - The Washington Post

It is very far from anarchy — many students sit at desks diligently doing their homework — but it is still a spear in the side of the Chinese Communist Party and its conservative allies in Hong Kong.

via www.washingtonpost.com

November 24, 2014 | Permalink | Comments (0)

When a $1 billion divorce award isn’t enough - The Washington Post

I know the numbers are big, but the argument that Harold Hamm had little to do with the increase in the couple’s household net worth and thus shouldn’t have to share more with his former wife is unfair. If people think Sue Ann Hamm should be satisfied with $1 billion, why isn’t the reverse true? Why shouldn’t the ex-husband be able to live on half of the $18 billion the stock is worth?

via www.washingtonpost.com

November 24, 2014 | Permalink | Comments (0)

Finland feeling vulnerable amid Russian provocations - The Washington Post

Wedged hard against Russia’s northwestern border, peaceable Finland has long gone out of its way to avoid prodding the nuclear-armed bear next door.

But now the bear is provoking Finland, repeatedly guiding military planes into Finnish airspace and deploying submarines and helicopters to chase after Finnish research vessels in international waters.

via www.washingtonpost.com

Russia's not big enough?

November 24, 2014 | Permalink | Comments (0)

The Microaggression Farce by Heather Mac Donald, City Journal Autumn 2014

Val Rust’s dissertation-prep class had devolved into a highly charged arena of competing victim ideologies, impenetrable to anyone outside academia. For example: Were white feminists who use “standpoint theory”—a feminist critique of allegedly male-centered epistemology—illegitimately appropriating the “testimonial” genre used by Chicana feminists to narrate their stories of oppression? Rust took little part in these “methodological” disputes—if one can describe “Chicana testimonials” as a scholarly “method”—but let the more theoretically up-to-date students hash it out among themselves. Other debates centered on the political implications of punctuation. Rust had changed a student’s capitalization of the word “indigenous” in her dissertation proposal to the lowercase, thus allegedly showing disrespect for the student’s ideological point of view. Tensions arose over Rust’s insistence that students use the more academic Chicago Manual of Style for citation format; some students felt that the less formal American Psychological Association conventions better reflected their political commitments. During one of these heated discussions, Rust reached over and patted the arm of the class’s most vociferous critical race–theory advocate to try to calm him down—a gesture typical of the physically demonstrative Rust, who is prone to hugs. The student, Kenjus Watson, dramatically jerked his arm away, as a burst of nervous energy coursed through the room.

via www.city-journal.org

Microaggression! You microaggressed me! Good lord.

November 24, 2014 | Permalink | Comments (0)

Do the facts of the Michael Brown shooting matter? - The Washington Post

With a decision from the Michael Brown case grand jury expected any day, the question of what actually happened during the shooting seems to be receding into the background, replaced by the symbolism and political narrative.  This was the point I was making several days ago, when I ended a post about the case with the line that “sadly, it appears that the facts are not really of interest to at least some of Michael Brown’s supporters.”  A number commenters criticized me for failing to offer proof of this point.  But with every passing day, it is becoming clearer and clearer that many people have already confidently made up their minds about what the (still-secret) grand jury evidence really shows.

via www.washingtonpost.com

November 24, 2014 | Permalink | Comments (0)

Why Doctors Hate EHR Software - InformationWeek

As an InformationWeek staffer recently assigned to this beat after only occasionally covering health IT in the past, I was surprised how unanimously and passionately dissatisfied most doctors are with the usability of this software, which they see as draining rather than enhancing their productivity. I'm sure there are exceptions where doctors are more enthusiastic about technology, the software they are using is higher quality, or a little of both. But if you open the door to a conversation about how horrible medical records software is, you'll get an earful.

via www.informationweek.com

This is from 2013, but there are lots of stories. Just google it. But if Docs hate the software so much, then why the heck do they use it? Think about it. Jeopardy song. That's right. Because the federal guvment requires them to use it, thus wasting what has got to billions of dollars and making every practicing medico except perhaps a few plastic surgeons who don't have to worry about it, miserable. And making their families miserable too. Thanks a lot, guvment.

November 24, 2014 | Permalink | Comments (0)

The Impeachment of Obama on Immigration May Be Legal — But It’s Wrong - NYTimes.com

Impeachment, moreover, would tend to normalize its use as a political weapon, even though the framers intended that it be used only in extreme cases that endanger the republic. Only inveterate Obama haters think that is true here.

via www.nytimes.com

Peter Schuck is a pretty reasonable guy. He must be uncomfortable at the YLS.

November 24, 2014 | Permalink | Comments (0)

Asians get the Ivy League's Jewish treatment: Column

Now the Asian students are suing. In a lawsuit against Harvard, they are claiming that Harvard demands higher qualifications from Asian students than from others, and that it uses "racial classifications to engage in the same brand of invidious discrimination against Asian Americans that it formerly used to limit the number of Jewish students in its student body."

via www.usatoday.com

November 24, 2014 | Permalink | Comments (0)

Sunday, November 23, 2014

How to Rebuke a President | The Weekly Standard

But there is a fifth recourse, which the new Republican Congress might consider in view of President Obama’s executive amnesty for illegal immigrants: the power to censure. In fact, censure could work in tandem with Congress’s other powers, helping the legislature make the moral case for responding to the president’s lawlessness.

via www.weeklystandard.com

How about a tax on tees?

November 23, 2014 | Permalink | Comments (0)

Women's desire for sex is complicated - CNN.com

(CNN) -- What makes a woman want to have sex isn't totally hormonal, as it can be with men.

Instead, women need a lot more to be turned on, according to a study published in the Journal of Clinical Endocrinology and Metabolism.

via www.cnn.com

This is news.

November 23, 2014 | Permalink | Comments (0)

Obama: ‘Absolutely Not’ Legitimate for Future Presidents to Apply My Logic on Executive Actions | National Review Online

“With respect to taxes? Absolutely not,” the president replied.

via www.nationalreview.com

November 23, 2014 | Permalink | Comments (0)

Vatican’s new top prosecutor of abusive priests implicated in past failure to stop notorious abuser, Donald McGuire - Metro - The Boston Globe

A prominent American Jesuit recently named by Pope Francis to prosecute priests accused of sexually abusing minors under church law was himself one of several Catholic officials who allowed a notorious abusive priest to remain in ministry for years after learning of his long history of sexual abuses, legal documents show.

via www.bostonglobe.com

November 23, 2014 | Permalink | Comments (0)

Thousands of ancient artifacts uncovered at awesome Mexican temple - Houston Chronicle

Mexican archaeologists exploring one of the country's most spectacular ancient temples have uncovered a stash of thousands of artifacts that are estimated to date back as far as 200 A.D.

via www.chron.com

November 23, 2014 | Permalink | Comments (0)

Obama doesn't rule out trip to Ferguson | TheHill

President Obama in an interview broadcast Sunday didn’t rule out visiting Ferguson, Mo. after a grand jury reveals whether they decide to indict the police officer involved in the fatal shooting of unarmed teenager Michael Brown. 

via thehill.com

oh great.

November 23, 2014 | Permalink | Comments (0)

Conservative expert on immigration law to pursue suit against executive action - The Washington Post

He has devoted his career to an immigration fight he always believed would be incremental. First he sued states for offering in-state college tuition to illegal immigrants. Then he wrote tough immigration enforcement laws for Arizona and Alabama. Then he counseled Texas Gov. Rick Perry (R) on the legality of using the National Guard to patrol the U.S.-Mexico border. He has been playing the long game, hoping to build a consensus case against amnesty over the course of his career, but now, listening on the phone, it sounds to him as if Obama is saying the case is over and the ruling is in. If so, his life’s work is unraveling, and a last stand will have to come now.

via www.washingtonpost.com

November 23, 2014 | Permalink | Comments (0)

7 Habits of Chronically Unhappy People | Tamara Star

I often teach about happiness and what has become exceedingly clear is this: There are seven qualities chronically unhappy people have mastered.

via www.huffingtonpost.com

How many describe you?

November 23, 2014 | Permalink | Comments (1)

Briar Patch! The Next CW on Immigration | The Daily Caller

You don’t have to be Hari Seldon to figure out what the next two waves of Conventional Wisdom will be regarding President Obama’s just-announced unilateral amnesty “Immigration Accountability Executive Action”:

via dailycaller.com

MK is more cynical than I am. Maybe he's right though. Via instapundit.

November 23, 2014 | Permalink | Comments (0)

President Obama Gets Schoolhouse Rocked on SNL Over His Illegal Immigration Orders

Saturday Night Live ratcheted up the laughs against President Obama for his unprecedented amnesty orders using the throwback song from Schoolhouse Rock, “I’m Just A Bill.”

via www.ijreview.com

pretty funny

November 23, 2014 | Permalink | Comments (0)

Pretty good flick about regulation and love

November 23, 2014 | Permalink | Comments (0)

When you’re strange, cont’d | Power Line

We quoted comments from a specialist in immigration law in “When you’re strange.” I emailed him a follow-up question and he elaborated his comments through the day. I thought those of us trying to understand what Obama has wrought might be interested in taking a look at the rest of our correspondence.

via www.powerlineblog.com

I guess if you're Facebook or Google, you get your way. It's called "leaning in." I guess it's OK if its easier for Chinese or Indians to get jobs in the US, though it does keep salaries down. I just object to the sneaky way this is being done; all inside baseball.

November 23, 2014 | Permalink | Comments (0)

Rex Murphy: Obama’s climate ‘deal’ with China? ‘Surrender’ might be a better term | National Post

And in return, what does the deal promise from China’s side? Why, China gets to continue its pharaonic drive to industrializing the nation of 1.3-billion people for the next 16 years in all its luxuriant excess, as the old laws used to say, without let or hindrance. Only after 16 full revolutions of our blue planet around the sun,  wheeling its way all during that time towards a humidification apocalypse, will China absolutely, you can bet on it — cross its coal-fired heart — put a cap on carbon dioxide emissions.

via fullcomment.nationalpost.com

November 23, 2014 | Permalink | Comments (0)

Clues to Chief Justice John Roberts' thinking on new ObamaCare case | TribLIVE

It seems entirely possible that Roberts might focus narrowly this time on the snippet of the act extending subsidies only to those insured by exchanges “established by the state.” One argument he might make in defense of that position is that Congress has the ability to go back and fix any unclear language through a revised statute.

via triblive.com

Not that the Court is corrupt, as that legal pinhead Krugman argues, but it hurts the ACA supporters that the popularity of the law among the thinking classes (whatever you call them) is on the wane. They don't want to tie themselves to a sinking ship.

November 23, 2014 | Permalink | Comments (0)

Like the Emancipation Proclamation, Obama's order forces democracy - LA Times

Abraham Lincoln's Emancipation Proclamation provides the foundational precedent for President Obama's executive order on immigrants in the country illegally.

via www.latimes.com

I tend to think O's action on immigration is probably constitutional, at least in the sense that the Supreme Court would probably uphold it, in the unlikely event somebody with standing could get the issue before them. Of course, it's still a rotten idea, one more rather big step down the road to the matriarchal termite mound of America's future. You can imagine a republic with greater fidelity to our constitution than we have, but we are not that country. It's therefore quite a stretch to say it's unconstitutional. That said, this piece by Bruce Ackerman makes a fine argument against the executive action, though that is not its intent.

November 23, 2014 | Permalink | Comments (0)

Saturday, November 22, 2014

Wildcare - WildCare -- January 2012 eNewsletter

The word carnivore doesn’t even begin to describe weasels. These little critters are hunting machines. While their favorite food is voles, they will also prey on other small mammals and rodents such as mice, chipmunks, shrews, rabbits, gophers and rats. They hunt in a zig-zag pattern, running from burrow to burrow, using their long slender body to enter a burrow and hunt down its inhabitant. On occasion, they will attack animals larger than themselves. They will rush-attack the animal at great speed, grabbing onto the base of the skull, and crushing the skull with the help of their canine teeth.

via www.wildcarebayarea.org

Lots here about the relative size of weasels. Not sure, dearime, what you have in the UK. It seems rather stupid of them to be hunting them in Idaho, however, given what voracious predators they are.

November 22, 2014 | Permalink | Comments (1)

Using a public restroom hand dryer? You may be spreading bacteria all over the place. - The Washington Post

But what to do with those wet hands? Putting them under a hand dryer could end up spreading bacteria in public restrooms, according to research conducted by University of Leeds scientists and published in the Journal of Hospital Infection.

via www.washingtonpost.com

I've always hated those things, more as I get older.

November 22, 2014 | Permalink | Comments (1)

‘Now, That’s What I Call a Friday News Dump’: Final Report Released After Two-Year Investigation Into Benghazi | TheBlaze.com

WASHINGTON (AP) — A two-year investigation by the Republican-controlled House Intelligence Committee has found that the CIA and the military acted properly in responding to the 2012 attack on a U.S. diplomatic compound in Benghazi, Libya, and asserted no wrongdoing by Obama administration appointees.

via www.theblaze.com

November 22, 2014 | Permalink | Comments (0)

Obama signs order extending U.S. combat role in Afghanistan - UPI.com

WASHINGTON, Nov. 22 (UPI) -- President Obama quietly signed a classified executive order authorizing a more expansive role for U.S. troops in Afghanistan in 2015, ensuring American troops will be fighting in the country for at least one more year, The New York Times reported.

via www.upi.com

November 22, 2014 | Permalink | Comments (0)

So You've Decided to Map Sidewalk Poop in San Francisco... - CityLab

San Francisco is a weird magnet for poop. Travel around the city in the grimmest of Easter Egg hunts, and you'll find turds basking on sidewalks, chilling in flower gardens, gumming up subway escalators—hell, you'll even find them littering the roof of a three-story building with no roof access.

I assumed upon moving here this was the marking of irresponsible dog owners. I wish I could still believe that. But Jennifer Wong has torn the brown veil asunder with "(Human) Wasteland," a revolting map of all the anthropogenic excrement around San Francisco.

via www.citylab.com

November 22, 2014 | Permalink | Comments (0)

What if all cops wore cameras? California town's success echoes to Ferguson. - CSMonitor.com

Body cameras have become standard issue in the Rialto Police Department, which was an early adopter of the technology and was among the first to systematically study its impact. The results have been eye-opening.

via www.csmonitor.com

November 22, 2014 | Permalink | Comments (0)

$weet dreams: Obama billed taxpayers $295,227 to fly home to 'sleep in his own bed' | WashingtonExaminer.com

In what a taxpayer watchdog group called an unusual abuse, President Obama’s decision over Labor Day to fly home from New York to sleep in his own bed instead of overnighting and then attending the New York wedding of his chef cost Americans $295,227.

via www.washingtonexaminer.com

I know how he feels, but my solution is not to leave in the first place.

November 22, 2014 | Permalink | Comments (1)

Newly discovered hormone points to potential treatment for obesity, type 2 diabetes, fatty liver disease -- ScienceDaily

Jiandie Lin of the Life Sciences Institute described how in mice the hormone, NRG4, is secreted by so-called brown fat cells and communicates with the liver to regulate the conversion of sugar into fat. Mice without NRG4 became obese and developed hallmarks of type 2 diabetes and fatty liver disease. When scientists genetically elevated NRG4 levels in these mice, however, the animals were protected from these metabolic disorders when fed a high-calorie, high-fat diet. The research was published in Nature Medicine.

via www.sciencedaily.com

If obesity is cured, how will we tell who's hip?

November 22, 2014 | Permalink | Comments (1)

California Indian casinos embroiled in turmoil - Yahoo Finance

COARSEGOLD, Calif. (AP) -- When it comes to controlling California's flashy Las Vegas-style casinos, the stakes are enormous for tribes who own the gambling operations that collectively generate billions of dollars a year to sustain Native Americans up and down the state.

With this backdrop, several tribes in the past two years have fallen into nasty, sometimes violent, power struggles pitting factions and families against one another.

via finance.yahoo.com

November 22, 2014 | Permalink | Comments (0)

Study says golf-obsessed CEOs bad for business - The Globe and Mail

Despite the notion that big business deals are done on the golf course, a new statistical study suggests the more time a chief executive officer spends playing golf, the less profitable his or her company is.

via www.theglobeandmail.com

November 22, 2014 | Permalink | Comments (2)

Seattle mayor pardons Tofurky, because it’s Seattle - The Washington Post

Seattle is a strange city. There’s a giant troll under one of the city’s main bridges, a giant statue of Vladimir Lenin on a random street corner and an annual Spam carving contest to take in. The neighborhood with the Lenin statue, Fremont, encourages visitors to set their watches 5 minutes ahead, because Fremont is the self-proclaimed center of the universe.

via www.washingtonpost.com

Seattle v. Portland for the weirdest.

November 22, 2014 | Permalink | Comments (0)

North Dakota Names Landfill After Obama - The Daily Currant

The state of North Dakota has named a new publicly-owned landfill after President Barack Obama.

via dailycurrant.com

November 22, 2014 | Permalink | Comments (0)

Is This The Real Reason Obama Announced the Order in Vegas? | The Blog on Obama: White House Dossier

President Obama today is playing golf at the Shadow Creek golf club in North Las Vegas, reputed to be the nicest golf course in Vegas. It’s 55 degrees and mostly sunny.

At 44 degrees, it’s a little too cold today in the Washington area for a comfortable round.

This is the 47th time he’s played this year and the 204th outing of his presidency.

via www.whitehousedossier.com

Fore.

November 22, 2014 | Permalink | Comments (0)

Handler apologizes again, calls his remark racist - SFGate

The best-selling author also known as "Lemony Snicket" tweeted Friday that his remarks Wednesday night, centering on a joke about black author Jacqueline Woodson being allergic to watermelon, were "monstrously inappropriate and yes, racist." Handler pledged $10,000 to a campaign for diversity in publishing and added that for 24 hours he would match donations up to $100,000. On Thursday, he tweeted that his humor "clearly failed."

via www.sfgate.com

He's a good liberal.

November 22, 2014 | Permalink | Comments (0)

What's the World's Biggest Telescope? | RealClearScience

The Canary Islands off the coast of Morocco house the largest glass mirror reflector telescope in the world. The Gran Telescopio Canarias (GTC) is owned and operated primarily by Spain. The surface of its concave focusing mirror eschews the parabolic glass bowl design of traditional telescopes. The reflector is actually 36 small hexagonal German glass mirrors tiled together in the shape of a single large hexagon with a missing tile in the center. This design is very similar to the slightly smaller Keck telescopes in Hawaii. GTC also employs adaptive optics to constantly fix the distortion of incoming starlight caused by its passage through atmospheric turbulence. Larger glass telescopes have been proposed, but none will be open for at least several more years.

via www.realclearscience.com

November 22, 2014 | Permalink | Comments (0)

Friday, November 21, 2014

New DHS immigration rules: Drunk drivers, sex abusers, drug dealers, gun offenders not top deportation priorities | WashingtonExaminer.com

The new priorities are striking. On the tough side, the president wants U.S. immigration authorities to go after terrorists, felons, and new illegal border crossers. On the not-so-tough side, the administration views convicted drunk drivers, sex abusers, drug dealers, and gun offenders as second-level enforcement priorities. An illegal immigrant could spend up to a year in prison for a violent crime and still not be a top removal priority for the Obama administration.

via m.washingtonexaminer.com

November 21, 2014 | Permalink | Comments (0)

30,000 missing emails from IRS' Lerner recovered | WashingtonExaminer.com

Up to 30,000 missing emails sent by former Internal Revenue Service official Lois Lerner have been recovered by the IRS inspector general, five months after they were deemed lost forever.

via www.washingtonexaminer.com

November 21, 2014 | Permalink | Comments (0)

A Constitutional Crisis | National Review Online

President Obama’s hubris has forced a constitutional crisis. Republicans need to start saying that — and acting like it.

via www.nationalreview.com

Well, I need to read more, but I don't think so. It's a sharp conflict between the WH and Congress and between the parties, but the Constitution probably permits this mess to develop. People are always invoking the Constitution.

November 21, 2014 | Permalink | Comments (1)

Why Gruber-gate Is So Devastating to Democrats | The Fiscal Times

But I’m in a unique position when it comes to Gruber. My public criticism of him goes back to 2010, when he exhibited precisely the traits of deception and evasiveness that have gotten him in trouble now. In fact, he has become an avatar of not only Obamacare, but of liberal paternalism, a caricature of the snotty know-it-all technocrat who will make decisions for people without consulting them. That some of this perspective actually shows up in the health care law is a major reason for its difficulties, and a bigger problem for Democrats going forward. 

via www.thefiscaltimes.com

via instapundit

November 21, 2014 | Permalink | Comments (0)

House GOP Files Lawsuit Over Obama’s Health-Care Law - WSJ

WASHINGTON—House Republicans on Friday filed a lawsuit against the Obama administration over implementation of its health-care law, which GOP leaders have called executive overreach by President Barack Obama .

via online.wsj.com

I fear this is a waste of time and a little bit of money.

November 21, 2014 | Permalink | Comments (0)

Good news for law students — job prospects improving - The Washington Post

According to this article in the ABA Journal, we should expect “a rosy [job] outlook for law grads in 2016.”

via www.washingtonpost.com

November 21, 2014 | Permalink | Comments (0)

Cal Football Has Big Hopes for 117th Big Game | RantSports

I think if you polled the Cal Bears fanbase before the season started in August, many would be happy with the thought of five wins for the entire season, and maybe being more competitive in the 117th Big Game (Saturday, 1 p.m. PT, Fox Sports One) against Stanford than the rivalry-worst 63-13 shellacking last season.

via www.rantsports.com

I'm afraid the hatred of Stanford, which reaches pathological levels at Cal, has caught up with me.

November 21, 2014 | Permalink | Comments (1)

How Harvard Became the Harvard of Football - WSJ

Quarterback Conner Hempel remembers what he was wearing the day in the spring of 2010 when an assistant football coach from Harvard showed up at his Kentucky High School offering to change his life.

via online.wsj.com

November 21, 2014 | Permalink | Comments (1)

Eight Observations About OLC Memo on Constitutionality of Executive Action on Immigration | Josh Blackman's Blog

I have now had time to read the OLC memo on the President’s immigration policy, and excerpted key segments here. There are number of fascinating insights in this 33-page document.

via joshblackman.com

RTWT. I found it made me feel better, oddly perhaps. This via volokh.com

November 21, 2014 | Permalink | Comments (0)

Obama, immigration, and the rule of law [updated with additional material on precedents for Obama's action] - The Washington Post

Opponents of President Obama’s recently announced plan to defer the deportation of up to 5 million undocumented immigrants argue that it undermines the rule of law. After all, they contend, the president is required to enforce federal law as written, not pick and choose which violators to go after and which to exempt. But, in reality, all modern presidents inevitably make policy choices about which violations of federal law to prosecute. Obama’s decision to defer deportation is in line with those of past presidents, and well within the scope of his authority.

via www.washingtonpost.com

Hmmm.

November 21, 2014 | Permalink | Comments (1)

Peggy Noonan: The Nihilist in the White House - WSJ

Historical vindication happens. The Obama White House assumes it will happen to them. Thus they can do pretty much what they want.

What they forget is that facts largely decide what history thinks—outcomes, what happened, what it means. What they also forget, or perhaps never knew, is that the great ones are always constructive. They don’t divide and tear down. They build, gather in, create, bend, meld, and in so doing move things forward.

That’s not this crowd.

via online.wsj.com

November 21, 2014 | Permalink | Comments (1)