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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


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-- Underneath Their Robes


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    [::..archive..::]
    ::

    :: Friday, February 29, 2008 ::
    Va. S. Ct. decision striking down regional transportation authorities (Marshall v. NVTA): it's all about --

    * non-delegation
    * careful monitoring of the power to tax
    * democratic accountability, esp. where taxing is concerned

    Got to L-O-O-O-O-V-E IT!

    (The other part of the decision -- finding no constitutional flaw re the "single subject rule" -- was also correct and well reasoned: classic Hamiltonian/Marshallian "let the ends be legitimate" kind of thing.)

    :: David M. Wagner 10:35 PM [+] ::
    ...
    :: Thursday, February 28, 2008 ::
    William F. Buckley, Jr., 1925-2008. Oh, to be sure, one can complain (one did, in fact) that in his later years he seemed spent more time schmoozing the New York glitterati than manning the conservative barricades. No matter. For three or four generations, he was proof that conservatives could not rightfully be denied a place among those glitterati, if they happened to desire one; that Lionel Trilling (see the linked WSJ editorial) was just dead wrong and behind the times.

    Bill's amusing and stirring book Up from Liberalism (his best polemical work, imo), and the twinkling eye with which he would skewer guests on Firing Line, inspired me, and, as I compare notes with colleagues of my own age and younger, I suspect hundreds of thousands more.

    The WSJ collects more Buckley rhetorical gems here. My favorite:
    [W]e offer, besides ourselves, a position that has not grown old under the weight of a gigantic, parasitic bureaucracy, a position untempered by the doctoral dissertations of a generation of Ph.D.s in social architecture, unattenuated by a thousand vulgar promises to a thousand different pressure groups, uncorroded by a cynical contempt for human freedom. And that, ladies and gentlemen, leaves us just about the hottest thing in town. ("Statement," National Review, 1955)

    :: David M. Wagner 11:04 PM [+] ::
    ...
    :: Sunday, February 24, 2008 ::
    Clinton Turns From Anger to Sarcasm. Oh that'll work.

    :: David M. Wagner 8:44 PM [+] ::
    ...
    :: Friday, February 22, 2008 ::
    Yesterday's electronic edition of London's Daily Telegraph led with "Biggest Brain Drain from UK in 50 Years," ("as highly qualified professionals settle abroad"), and further along ran stories that, though not overtly linked to the first, might help explain it.

    For example: "CCTV evidence can lead to parking fine":
    Millions of motorists are likely to incur parking fines without realising it after being caught on CCTV.
    And: "Robber's death could lead to murder charge":
    A shopkeeper could be charged with murder after defending himself against an armed robber who was killed by his own knife, police said yesterday.

    Tony Singh was about to drive home from work when he was attacked by a career criminal who smashed his car window and demanded his takings.

    During the ensuing struggle at the corner shop and off-licence in Skelmersdale, Lancs, Liam Kilroe, who had convictions for armed robbery, assault and burglary, suffered a fatal stab wound to the chest.

    :: David M. Wagner 3:30 PM [+] ::
    ...
    :: Wednesday, February 20, 2008 ::
    Well well -- looks like a good day for federal preemption! Must read now -- OM NOM NOM.....

    :: David M. Wagner 10:21 PM [+] ::
    ...
    :: Saturday, February 16, 2008 ::
    Unless it's whatever they put in the water in California: I trust this is just a ploy to provoke McCain to address Catholic issues more squarely. Otherwise I'll have to conclude that my good friend and sometime mentor Doug Kmiec has gone utterly 'round the bend.

    EDITED TO ADD: A Catholic reply here.

    :: David M. Wagner 11:47 PM [+] ::
    ...
    :: Saturday, February 09, 2008 ::
    For my (informal) Plato students: Yale's Prof. Steven Smith teaches intro Political Philosophy, incl. The Republic....

    :: David M. Wagner 6:23 PM [+] ::
    ...

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