TCS: Tech Central Station - Profiles in European Courage: The Surviving and Thriving Euro-atlanticists
Pro NATO leaders in Europe? Who would believe it?
Thursday, April 28, 2005
Tuesday, April 19, 2005
Joseph P. Duggan: An Eastern Rite pope as a catalyst for Christian unity
Joseph P. Duggan: An Eastern Rite pope as a catalyst for Christian unity
With all the issues surronding the election of new pope, it is amazing how the choices of a pope nearly a thousand years ago dictate the composition of the modern priesthood.
With all the issues surronding the election of new pope, it is amazing how the choices of a pope nearly a thousand years ago dictate the composition of the modern priesthood.
Monday, April 18, 2005
Once Again, History is Not Dead; Just Historical Persons
News
We live in an interesting age: history is a living process. Our knowledge of the past increases over time rather than diminishes. When has this happened systematically over the previous millenia?
We live in an interesting age: history is a living process. Our knowledge of the past increases over time rather than diminishes. When has this happened systematically over the previous millenia?
Thursday, March 24, 2005
Schiavo and Injunctionns
Rule 62 -- Stay of Proceedings to Enforce a Judgment
I am not a federal lawyer, so I do not have much experience with federal injunctive practice. But in my state practice, I have sought and obtained Temporary Restraining Orders and Preliminary Injunctions successfully several times.
What struck me about the Congressional act for Terri Schiavo is that it omitted any language authorizing a stay of the state court's judgment. This means that the federal court could just stop the enforcement of the state court judgment. This is a wholly different animal than a preliminary injunction. To seek an injunction is like climbing Mt. Everest: it is very difficult but manageable in the right circumstances. The judge must find that very strict elements are met. Fed. R. Civ. Proc. 65. First and foremost, the party must be likely to prevail at trial. This is what the federal courts have refused to find.
This procedure, though, is much different than a stay. Stays are handed out automatically on the filing of bankruptcy. They usually stay several state court cases all at once. Stays are at the complete discretion of the trial court judge without great elvels of proof required. Fed. R. Civ. Proc. 62.
I feel sorry for Terri's family's counsel. They are under stress from massive scrutiny, but I think they missed the real opportunity that Congress gave them. I hope it is not too late.
Even without statutory authorization, it seems that the stay is the best interim remedy. That would deprive the state court's judgment from being used to prevent her feeding. It would not force the feeding again, but would make it difficult for the medical facility not to re-insert the tube for fear of malpractice in the absence of clear judicial authority pending.
I am not a federal lawyer, so I do not have much experience with federal injunctive practice. But in my state practice, I have sought and obtained Temporary Restraining Orders and Preliminary Injunctions successfully several times.
What struck me about the Congressional act for Terri Schiavo is that it omitted any language authorizing a stay of the state court's judgment. This means that the federal court could just stop the enforcement of the state court judgment. This is a wholly different animal than a preliminary injunction. To seek an injunction is like climbing Mt. Everest: it is very difficult but manageable in the right circumstances. The judge must find that very strict elements are met. Fed. R. Civ. Proc. 65. First and foremost, the party must be likely to prevail at trial. This is what the federal courts have refused to find.
This procedure, though, is much different than a stay. Stays are handed out automatically on the filing of bankruptcy. They usually stay several state court cases all at once. Stays are at the complete discretion of the trial court judge without great elvels of proof required. Fed. R. Civ. Proc. 62.
I feel sorry for Terri's family's counsel. They are under stress from massive scrutiny, but I think they missed the real opportunity that Congress gave them. I hope it is not too late.
Even without statutory authorization, it seems that the stay is the best interim remedy. That would deprive the state court's judgment from being used to prevent her feeding. It would not force the feeding again, but would make it difficult for the medical facility not to re-insert the tube for fear of malpractice in the absence of clear judicial authority pending.
Wednesday, March 23, 2005
Schiavo's appeal to US Supreme Court: which Justice?
Justice Kennedy would decide Schiavo's extraordinary remedies later today, if the court does not make a decision per curiam.
SUPREME COURT OF THE UNITED STATES
Allotment of Justices
It is ordered that the following allotment be made of the Chief
Justice and Associate Justices of this Court among the circuits,
pursuant to Title 28, United States Code, Section 42, and that such
allotment be entered of record, effective September 30, 1994, viz.:
For the District of Columbia Circuit, William H. Rehnquist,
Chief Justice.
For the First Circuit, David H. Souter, Associate Justice.
For the Second Circuit, Ruth Bader Ginsburg, Associate
Justice.
For the Third Circuit, David H. Souter, Associate Justice.
For the Fourth Circuit, William H. Rehnquist, Chief Justice.
For the Fifth Circuit, Antonin Scalia, Associate Justice.
For the Sixth Circuit, John Paul Stevens, Associate Justice.
For the Seventh Circuit, John Paul Stevens, Associate Justice.
For the Eighth Circuit, Clarence Thomas, Associate Justice.
For the Ninth Circuit, Sandra Day O?Connor, Associate
Justice.
For the Tenth Circuit, Stephen Breyer, Associate Justice.
For the Eleventh Circuit, Anthony M. Kennedy, Associate
Justice.
For the Federal Circuit, William H. Rehnquist, Chief Justice.
September 30, 1994.
Monday, March 21, 2005
OpinionJournal - Featured Article
OpinionJournal - Featured Article
A well-considered look at the Middle East. Discomforting but optimistic.
A well-considered look at the Middle East. Discomforting but optimistic.
Tuesday, March 15, 2005
Democratic thoughts run through the Arab land
WorldTribune.com
The words "Bush" and "right" don't often go together in newsprint, especially regarding the Middle East let alone from the Middle East.
The words "Bush" and "right" don't often go together in newsprint, especially regarding the Middle East let alone from the Middle East.
Monday, March 14, 2005
Historical Budget Data
Historical Budget Data
If you are ever in a debate over the federal budget or its deficit history, here is a very useful website from Congressional Budget Office.
If you are ever in a debate over the federal budget or its deficit history, here is a very useful website from Congressional Budget Office.
Thursday, March 10, 2005
GOP transformation - The Washington Times: Editorials/OP-ED - March 10, 2005
GOP transformation - The Washington Times: Editorials/OP-ED - March 10, 2005
Rove makes it sound like Republicans have discovered liberty and freedom. That is a huge disservice to Republicans. Reagan didn't just discover the value of these principles.
What Rove is missing is that Bush is taking advantage of an interregnum. On the horizon, we can see a high risk of China becoming the replacement for the Soviet threat. Controlling the threat of anti-democratic thought in the Muslim world is crucial for strengthening ourselves and the world for the coming threat of China.
If the whole world is aligned with us -- not based on philosophy, yet -- based on similar governmental selection methods, we are in stronger steed vis-a-vis China in fifteen years. We will still have skirmishes with the France-s (forgive the poor puncuation but I want to clearly put it in the plural and not my mother's name) and Germanies of the coming era. Still, we will be able to debate the Chiracs and Schroers we then face without picking up arms. I would rather deal with a Chirac than the capitalist-funded-Mao-Tse-Tung-yet-to-come.
Think of it: the Arab world with parliaments, parliamentary India with economic strength, and NATO with Eastern Europe.
Who does China turn to for help? Maybe Iran -- if the mullahs survive that long. Maybe Pakistan -- if the Musharef fails and no parliament is ever reinstated. North Korea if the Korean detente-movement continues. Indonesia if the tsunami good-feelings era has little long-term effect.
Rove is porbably wise not to speak such truths. Politics has a strong component of quantum physics qualities: things observed with accuracy tend to change their behavior because of the observation. If the observation is not quite true, maybe the behavior won't change and your goal can yet be achieved on the current trend line. As a result Rove is serving the president well even if it misses the truth. Sad. But true.
Rove makes it sound like Republicans have discovered liberty and freedom. That is a huge disservice to Republicans. Reagan didn't just discover the value of these principles.
What Rove is missing is that Bush is taking advantage of an interregnum. On the horizon, we can see a high risk of China becoming the replacement for the Soviet threat. Controlling the threat of anti-democratic thought in the Muslim world is crucial for strengthening ourselves and the world for the coming threat of China.
If the whole world is aligned with us -- not based on philosophy, yet -- based on similar governmental selection methods, we are in stronger steed vis-a-vis China in fifteen years. We will still have skirmishes with the France-s (forgive the poor puncuation but I want to clearly put it in the plural and not my mother's name) and Germanies of the coming era. Still, we will be able to debate the Chiracs and Schroers we then face without picking up arms. I would rather deal with a Chirac than the capitalist-funded-Mao-Tse-Tung-yet-to-come.
Think of it: the Arab world with parliaments, parliamentary India with economic strength, and NATO with Eastern Europe.
Who does China turn to for help? Maybe Iran -- if the mullahs survive that long. Maybe Pakistan -- if the Musharef fails and no parliament is ever reinstated. North Korea if the Korean detente-movement continues. Indonesia if the tsunami good-feelings era has little long-term effect.
Rove is porbably wise not to speak such truths. Politics has a strong component of quantum physics qualities: things observed with accuracy tend to change their behavior because of the observation. If the observation is not quite true, maybe the behavior won't change and your goal can yet be achieved on the current trend line. As a result Rove is serving the president well even if it misses the truth. Sad. But true.
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