The Right Coast

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

A Member of the Law Professor Blogs Network

Tuesday, July 29, 2014

Legalization by Edict | National Review Online

Many people in Washington seem to be talking about the prospect of the president unilaterally legalizing the status of several million people who entered the country illegally as though it were just another political question. But if reports about the nature of the executive action he is contemplating are right, it would be by far the most blatant and explosive provocation in the administration’s assault on the separation of powers, and could well be the most extreme act of executive overreach ever attempted by an American president in peacetime.

via www.nationalreview.com

Yuval Levin is a smart guy.

July 29, 2014 | Permalink | Comments (0)

Civilian drone almost blocks Northern California firefighting planes - San Jose Mercury News

SHINGLE SPRINGS -- A private drone trying to record footage of a Northern California wildfire nearly hindered efforts to attack the flames from the air, but firefighters made enough progress to allow most of the 1,200 people under evacuation orders to return home Monday.

via www.mercurynews.com

July 29, 2014 | Permalink | Comments (0)

How Marvel Became the Envy (and Scourge) of Hollywood

"Marvel just seems unbeatable at the moment," says Mark Millar, who spent 10 years writing for Marvel Comics and consulted on the first Iron Man movie. "Even my elderly Scottish aunt knows what a Marvel movie is, so those guys are doing something very right."

via www.hollywoodreporter.com

July 29, 2014 | Permalink | Comments (0)

Feds test how stoned is too stoned to drive

The volunteers were part of what federal scientists say was the most comprehensive study ever conducted on how marijuana, and pot combined with alcohol, affect drivers. The data now being analyzed ultimately will help regulators decide how stoned is too stoned to drive. It's similar to the studies conducted to develop levels for drunken driving. Volunteers were recruited from around Iowa City, home to the University of Iowa's National Advanced Driving Simulator.

via www.usatoday.com

July 29, 2014 | Permalink | Comments (0)

The Government Is Cracking Down on School Bake Sales - NationalJournal.com

Barely a month after federal regulations for school cafeterias kicked in, states are already pushing back.

Specifically, they're fighting nutrition standards that would considerably alter one of the most sacred rituals of the American public school system: bake sales.

via www.nationaljournal.com

Because they're such a problem.

July 29, 2014 | Permalink | Comments (0)

Obama weighs ‘amnesty’ as Congress struggles on border bill | Fox News

House and Senate lawmakers are running up against an end-of-the-week August recess without a compromise on legislation addressing the border crisis -- potentially playing into the hands of President Obama as he weighs sweeping unilateral action on immigration. 

via www.foxnews.com

July 29, 2014 | Permalink | Comments (0)

John Kerry's Big Blunder | RealClearPolitics

Kerry's error has been to put so much emphasis on achieving a quick halt to the bloodshed that he has solidified the role of Hamas, the intractable, unpopular Islamist group that leads Gaza, along with the two hard-line Islamist nations that are its key supporters, Qatar and Turkey. In the process, he has undercut not simply the Israelis but also the Egyptians and the Fatah movement that runs the Palestinian Authority, all of which want to see an end to Hamas rule in Gaza.

via www.realclearpolitics.com

Well, it is his first time on the job.

July 29, 2014 | Permalink | Comments (0)

The Flip-Flopping Architect of the ACA - Michael Cannon - POLITICO Magazine

Gruber then became part of the story on Thursday when a video surfaced in which he espouses the very interpretation of the law he now publicly derides as “screwy,” “nutty” and “stupid.” In 2012, Gruber told an audience: “If you’re a state and you don’t set up an exchange, that means your citizens don’t get their tax credits.”

via www.politico.com

It's almost like they're dishonest or something.

July 29, 2014 | Permalink | Comments (0)

Monday, July 28, 2014

This is pretty good

from Eugene Volohk via Instapundit. It the same problem as having elections in a country that is poised to reject democracy.

July 28, 2014 | Permalink | Comments (0)

Republicans narrowly favored to capture Senate in November - CBS News

A new CBS News/New York Times Battleground Tracker estimate finds the Republicans positioned to take the Senate this year, with a likely 51-49 seat edge if the November election were held right now. The margin of error on that current seat estimate, at plus or minus 2 seats, means Democrats still have a real possibility to keep the chamber and that we head into campaign season with control up for grabs -- with a closely-divided Senate surely coming in 2015 in either case.

via www.cbsnews.com

The GOP doesn't deserve to win but the Dems deserve to lose.

July 28, 2014 | Permalink | Comments (0)

Tax Avoidance du Jour: Inversion - NYTimes.com

Does this mean President Obama is wrong to describe companies engaging in inversion as “corporate deserters”? Not really — they’re shirking their civic duty, and it doesn’t matter whether they literally move abroad or not. But apologists for inversion, who tend to claim that high taxes are driving businesses out of America, are indeed talking nonsense. These businesses aren’t moving production or jobs overseas — and they’re still earning their profits right here in the U.S.A. All they’re doing is dodging taxes on those profits.

via www.nytimes.com

Just to give you a taste of the nonsense. Maybe we should build a fence to keep people in.

July 28, 2014 | Permalink | Comments (0)

Happy birthday

This is good. Take a look at the case by linking through.  One of the many public costs resulting from this copyright is the truly exerable birthday song adopted by Chucky Cheese some years ago. For those of you who don't know, this is the American phenomenon of a pizza restaurant run by a giant rat.  The rat would come out and sing her/his(?) version of Happy Birthday which was actually worse than the original insipid song. The place always struck me as a gold mine for pedophiles and I'm glad my kids are too old for it now.

July 28, 2014 | Permalink | Comments (0)

Close the tax loophole on inversions - The Washington Post

Since we last overhauled our federal tax code, in 1986, countries around the world have lowered their tax rates, leaving the United States with the highest corporate tax rate in the developed world. At the same time, the system has become full of inefficiencies and special-interest loopholes. That is why it is so important that we reform our business tax code to make the U.S. economy more competitive and to accelerate economic growth and job creation. Taking this step will make the United States an even more attractive place to do business and ensure that capital and talent are allocated more efficiently in pursuit of high economic returns, rather than low tax bills.

via www.washingtonpost.com

Why not lower our tax rates enough so that inversions are not so popular? Inversions should take care of themselves.

July 28, 2014 | Permalink | Comments (0)

Richard Fisher: The Danger of Too Loose, Too Long - WSJ

I have grown increasingly concerned about the risks posed by current monetary policy.

First, we are experiencing financial excess that is of our own making. There is a lot of talk about "macroprudential supervision" as a way to prevent financial excess from creating financial instability. But macroprudential supervision is something of a Maginot Line: It can be circumvented. Relying upon it to prevent financial instability provides an artificial sense of confidence.

Second, I believe we are at risk of doing what the Fed has too often done: overstaying our welcome by staying too loose, too long. We did a good job in staving off the deflationary and depression risks that were present in the aftermath of the 2007–09 financial crisis. But we now risk fighting the last war.

via online.wsj.com

Me too.

July 28, 2014 | Permalink | Comments (0)

Laura Ingraham, Tea Party Giant Killer, Eyes Her Next Scalp | RealClearPolitics

Ingraham hinted that her forays into Republican primary races this year could be the foundation for a political career of her own. "I've been approached by various people to get involved," she said. "I'm keeping an open mind about running for office in the future." 

via www.realclearpolitics.com

Laura is tough as nails.

July 28, 2014 | Permalink | Comments (0)

Obama Democrats Lose Their Big Bet on Health Exchanges | RealClearPolitics

Words mean what they say. That's the basis for the decision of the U.S. Court of Appeals for the D.C. Circuit in Halbig v. Burwell invalidating the Internal Revenue Service regulation approving subsidies for Obamacare consumers in states with federal health insurance exchanges.

via www.realclearpolitics.com

July 28, 2014 | Permalink | Comments (0)

Wednesday, July 16, 2014

Vagina selfie for 3D printers lands Japanese artist in trouble | World news | theguardian.com

The artist, who works under the pseudonym Rokudenashiko – which roughly translates as “good-for-nothing girl” – was arrested after emailing the data to 30 people who had answered a crowd-funding request for her recent artistic venture: a kayak inspired on her own genitalia she calls “pussy boat”, according to Brian Ashcraft at the gaming website Kotaku.

via www.theguardian.com

That's one of the weirder things I've ever heard.

July 16, 2014 | Permalink | Comments (0)

Jet in 'near miss' with UFO - Telegraph

An airline pilot has reported a near miss in which a “rugby ball”-shaped UFO passed within a few feet of his passenger jet while flying near Heathrow Airport.

via www.telegraph.co.uk

Maybe it *was* a rugby ball.

July 16, 2014 | Permalink | Comments (0)

Video: Mysterious giant hole appears in Siberia - Telegraph

A huge unexplained crater has appeared in Siberia, Northern Russia.

via www.telegraph.co.uk

July 16, 2014 | Permalink | Comments (0)

Peter Singer considers the merits of Scotland and Catalonia's bids for independence. - Project Syndicate

BARCELONA – The European Union has brought 28 countries into a closer political and economic union. Paradoxically, it has also made it more feasible to contemplate the breakup of some of those countries.

via www.project-syndicate.org

I still remember his defense of having sexual intercourse with ducks.

July 16, 2014 | Permalink | Comments (0)

Robert J. Shiller believes that recent warnings that asset prices are rising dangerously fast may be correct. - Project Syndicate

NEW HAVEN – In recent months, concern has intensified among the world’s financial experts and news media that overheated asset markets – real estate, equities, and long-term bonds – could lead to a major correction and another economic crisis. The general public seems unbothered: Google Trends shows some pickup in the search term “stock market bubble,” but it is not at its peak 2007 levels, and “housing bubble” searches are relatively infrequent.

via www.project-syndicate.org

July 16, 2014 | Permalink | Comments (0)

Tuesday, July 15, 2014

We’re in the third biggest stock bubble in U.S. history - Brett Arends's ROI - MarketWatch

U.S. stocks are now about 80% overvalued on certain key long-term measures, according to research by financial consultant Andrew Smithers, the chairman of Smithers & Co. and one of the few to warn about the bubble of the late 1990s at the time.

via www.marketwatch.com

Bummer.

July 15, 2014 | Permalink | Comments (0)

Appeals Court: Texas Can Use Race in Admissions - ABC News

In a 2-1 ruling, judges from the 5th U.S. Circuit Court of Appeals found that barring the university from using race would ultimately lead to a less diverse student body in defiance of previous legal precedent that promoting diversity was an important part of education.

via abcnews.go.com

July 15, 2014 | Permalink | Comments (0)

The VA Scandal Just Keeps Spreading - NationalJournal.com

The scandal that erupted over allegations of data manipulation at the Veterans Affairs Department's medical facility in Phoenix has now spread to the VA's disability claims.

via www.nationaljournal.com

July 15, 2014 | Permalink | Comments (0)

Mr. 'I, Me, My': Obama Oughta Know He's Not the Hero - NationalJournal.com

The Democrat shook his head. "That's the problem with this White House. Barack Obama is the hero of their narrative, but he's not supposed to be," he said. "The hero of every political narrative should be the voters."

via www.nationaljournal.com

He's the hero of a boring story.

July 15, 2014 | Permalink | Comments (0)

Prof. Philip Hamburger (Columbia), guest-blogging, on his “Is Administrative Law Unlawful?” - The Washington Post

I’m delighted to report that Prof. Philip Hamburger of Columbia Law School — a leading scholar of constitutional law and constitutional history — will be guest-blogging this coming week on his new book, Is Administrative Law Unlawful?:

via www.washingtonpost.com

I've read the first chapter and it looks really, really good.

July 15, 2014 | Permalink | Comments (0)

The Strange Leak of the New Exposé ‘Clinton, Inc.’ - The Daily Beast

Perhaps surprisingly, it’s Bill Clinton who emerges as selfish and coldly calculating in the portrait drawn by Halper’s reporting, and Hillary who comes off as warm and caring, albeit charmingly transactional for political gain, particularly with her Republican colleagues in the Senate. All the Clintons are described as obsessed with enriching themselves, using their charitable foundation and the Clinton Global Initiative not only to perform good works but also to help support an imperial lifestyle and provide Hillary’s presidential ambitions with a vast political infrastructure.

via www.thedailybeast.com

Ah, Bill.

July 15, 2014 | Permalink | Comments (0)

Why Obama won't take strong action in border crisis | WashingtonExaminer.com

So chalking up the president's performance to incompetence doesn't tell the whole story. Everybody who really matters to the president, politically and perhaps emotionally, is pushing against strong action at the border. Why would he alienate them, and ignore his own inclinations, to do what Republicans want?

via washingtonexaminer.com

Bingo.

July 15, 2014 | Permalink | Comments (0)

We Are Our Bacteria - NYTimes.com

In his new book, “Missing Microbes,” Dr. Blaser links the declining variety within the microbiome to our increased susceptibility to serious, often chronic conditions,  from allergies and celiac disease to Type 1 diabetes and obesity. He and others primarily blame antibiotics for the connection.

via well.blogs.nytimes.com

I smell a new trend.

July 15, 2014 | Permalink | Comments (0)

Scientists Are Beginning To Figure Out Why Conservatives Are…Conservative | Mother Jones

The occasion of this revelation is a paper by John Hibbing of the University of Nebraska and his colleagues, arguing that political conservatives have a "negativity bias," meaning that they are physiologically more attuned to negative (threatening, disgusting) stimuli in their environments. In the process, Hibbing et al. marshall a large body of evidence, including their own experiments using eye trackers and other devices to measure the involuntary responses of political partisans to different types of images. One finding? That conservatives respond much more rapidly to threatening and aversive stimuli (for instance, images of "a very large spider on the face of a frightened person, a dazed individual with a bloody face, and an open wound with maggots in it," as one of their papers put it.)

via www.motherjones.com

This story is absolutely revolting.

July 15, 2014 | Permalink | Comments (0)

We Can See Political Bias From Space - World leaders illuminate their hometowns like a Lite-Brite, researchers claim

(Newser) – Deceased dictator Mobutu Sese Seko wanted his hometown to shine brighter than the diamonds he ransacked from the Congo’s coffers—and he apparently isn’t the only world leader to shed some light (and money and resources) on his birthplace. Researchers say that political favoritism can, as LiveScience puts it, "literally be seen from space." The home regions of leaders become brighter at night after they come into power—and then appear to fade back to black after the leader dies, retires, or is otherwise deposed.

via www.newser.com

July 15, 2014 | Permalink | Comments (0)

Obamacare’s Biggest Legal Threat | National Review Online

The legal positions of President Obama’s Justice Department have been slapped down unanimously a remarkable 13 times in the Supreme Court in the last two years. Over and over, even Obama’s own two appointees to the court — Sonia Sotomayor and Elena Kagan — have held that the president has exceeded his authority and violated the separation of powers. This coming week, we could see the second-highest court in the land rule that the administration broke the law in enforcing a key provision of Obamacare, calling into question once again Obama’s fidelity to the Constitution — and further endangering his signature program.

via www.nationalreview.com

July 15, 2014 | Permalink | Comments (0)

Senate 2014: Fight for Control Still Up in the Air

The bottom line looks about the same in the fight for control of the Senate in November — but some of the pieces of the puzzle have moved around dramatically over the past few months.

via www3.blogs.rollcall.com

July 15, 2014 | Permalink | Comments (0)

Divided they stand? Billionaire in push to carve up California into six states | Fox News

"California needs a reboot," Draper, who has spent $4.9 million of his own money on the effort, said in a press release. "Six Californias is our opportunity to solve the many problems we face today. ... Six states that are more representative and accountable. Six states that embrace innovation and strive to improve the lives of residents."

via www.foxnews.com

July 15, 2014 | Permalink | Comments (0)

Monday, July 14, 2014

At Dinner Tables, a Restless Obama Finds an Intellectual Escape - NYTimes.com

Sometimes stretching into the small hours of the morning, the dinners reflect a restless president weary of the obligations of the White House and less concerned about the appearance of partying with the rich and celebrated. Freewheeling, with conversation touching on art, architecture and literature, the gatherings are a world away from the stilted meals Mr. Obama had last year with Senate Republican leaders at the Jefferson Hotel in Washington.

via www.nytimes.com

We should be able to fire him. It's a real constitutional liability.

July 14, 2014 | Permalink | Comments (0)

Buffett, Gates and Adelson Don't Get Immigration - Bloomberg View

A trio of billionaires -- Sheldon Adelson, Warren Buffett and Bill Gates -- say they want to "End the Immigration Impasse," to quote the headline of their recent New York Times op-ed article.

The article will do nothing to end that impasse, however, because the authors show no understanding of why it exists in the first place.

via www.bloombergview.com

July 14, 2014 | Permalink | Comments (0)

Running for life: How speed restricts evolutionary change of the vertebral column | (e) Science News

"The stiffness of the back of a mammal is key to whether evolutionary change is possible or not," said Frietson Galis, researcher at Naturalis Biodiversity Center and one of the authors of the study. "the locomotion of slow mammals with a stiff back is only marginally affected by irregular lumbosacral joints, but for fast running mammals such joints are fatal" continued Clara ten Broek another author of the study.

via esciencenews.com

I presumably am a slow mammal.

July 14, 2014 | Permalink | Comments (0)

Teen Pilot Finishes Record Worldwide Flight in San Diego | NBC 7 San Diego

"I guess it's good to be back," said Matt Guthmiller, a man of few words, as welcomers called for a speech.

via www.nbcsandiego.com

July 14, 2014 | Permalink | Comments (0)

TaxProf Blog: Are Law Professors (And Lawyers) Playing Baseball When We Should Be Playing Soccer?

Is life more like baseball, or is it more like soccer?

via taxprof.typepad.com

I hope it's like neither. Soccer is really athletic and baseball is boring. Or maybe I just don't like David Brooks. For a big man he is really a little kitty.

July 14, 2014 | Permalink | Comments (1)

After Lapses, C.D.C. Admits a Lax Culture at Labs - NYTimes.com

ATLANTA — Dr. Thomas R. Frieden, the head of the Centers for Disease Control and Prevention, spent much of Wednesday completing a report that would let the public see, in embarrassing detail, how the sloppy handling of anthrax by scientists at its headquarters here had potentially exposed dozens of employees to the deadly bacteria.

via www.nytimes.com

It's this sort of thing that leads to vampires.

http://www.latimes.com/entertainment/tv/showtracker/la-et-st-strain-recap-vampires-episode-one-fx-20140713-story.html#page=1

July 14, 2014 | Permalink | Comments (1)

Swastika banner flies over Coney Island; beach-goers complain - Los Angeles Times

small plane carrying a banner of a swastika, flew above Coney Island beaches over the weekend as part of an annual effort by the International Raelian Movement to resurrect it as a symbol for good instead of its hated representation of Nazi racism and fascism.

via www.latimes.com

Nah, I think the swastika is ruined for good.

July 14, 2014 | Permalink | Comments (0)

K-9 hurt by man killed in officer-involved shooting - San Diego, California News Station - KFMB Channel 8 - cbs8.com

SAN DIEGO (CNS) - A machete-wielding man who slashed a police dog and threatened to kill family members and police officers while holed up in a City Heights apartment was shot and killed by police, a lieutenant said Monday.

via www.cbs8.com

Another day in paradise.

July 14, 2014 | Permalink | Comments (0)