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This Fish Did Not Get Away

Peter Berkowitz eviscerates (beheads, de-scales, bones, and disembowels) the flopping Stanley Fish in the New Republic Online. The only problem with this terrific essay is that Berkowitz was too kind. Berkowitz documents in convincing detail the contradictions between what Fish has written in defense of postmodernism in the mainstream press and what he and other […]

Bob Jones, Adverse Possession, And Unintended Consquences

In my last post I criticized the notion that Constitutional rights could be lost through a version of adverse possession, i.e., that the rights disappear if they’re trespassed upon long enough. Now friend and SuperBlogger Eugene Volokh has mentioned the Bob Jones University case (albeit in another context), giving me an opening to include one […]

One Nation Under ?

My eighth grade teacher, the formidable Miss Faulk, refused to require (or, as I recall, even allow) students to recite the Pledge of Allegiance in her classroom. She had no problem with “under God,” but Miss Faulk was a fiercely unreconstructed Confederate, and she had a great deal of trouble with “one nation, indivisible.” The […]

Nomination Battle – One of

Nomination Battle – One of the sad realities of our current situation is the increasingly vitriolic partisanship of judicial nominations. Nothing really new here. But what may be new, or at least something that everyone else knew but that I’ve only newly noticed, is how much the press exacerbates this problem, even (or perhaps especially) […]

Query Re The Pledge –

Query Re The Pledge – Now that required recitation of The Pledge has been kicked out of school, it occurred to me that perhaps the Gettysburg Address might be satisfactory as a some-time stand in, especially since most students are already required to memorize it sooner or later. But that won’t work. Poor Abe, no […]

DoubleTake: Discrimination Against Men in

DoubleTake: Discrimination Against Men in College? – One of the virtues of a father-daughter blog is that from time to time you will receive the benefit of two perspectives on the same article or topic for the price of your single subscription to DISCRIMINATIONS. My daughter the libertarian will probably remind me that you’re not […]

Update to Title IX Discussion

Update to Title IX Discussion – Please see the update below to my discussion of gender gaps and Title IX.

Disparate Impact Drug Testing? –

Disparate Impact Drug Testing? – The Boston Globe has a troubling article about the results of drug testing in the Boston police department (via Andrew Sullivan). In the three years since all Boston police officers have been subject to random drug testing using a sophisticated new test done on hair samples, according to the BG, […]

Diversity in Damascus – Damascus,

Diversity in Damascus – Damascus, Maryland, that is. Today’s Washington Post has an interesting article about “diversity,” i.e., blacks, coming to this formerly nearly all white, isolated rural community at the northern edge of generally suburban Montgomery County, Maryland. Montgomery County, some of you might recall, was half of the focus of David Brooks’s fascinating […]

Death and Dumb: The usually

Death and Dumb: The usually astute James Q. Wilson has written what is, even by his high standards, an unusually astute analysis of the issues involved in the recent Supreme Court case banning the execution of the mentally retarded. (Wilson’s article was written a year ago and has just been republished because it was both […]