Governor Palin on "Saturday Night Live"

Dear Governor Palin,

They weren't laughing with you. They were laughing at you. What a freakin' mockery of your campaign's gravitas and credibility.

Sincerely,

Glomarization

What's the legal term of art for "conventional wisdom"?

For the past few days I've been trying to recall a particular legal term of art, so I'm fishing here to see if anyone can remind me.

What's it called when there's a law that everyone ignores, or has ignored for a very long time, and nobody cares if the law is violated so it's not enforced, to the point where the law is deemed invalid? It's not conventional wisdom or general acceptance or well, that's just how it is. It's not just a law that's still on the books but isn't enforced. I mean a law that is still on the books but if you're prosecuted or sued, you'd win in court.

The example I'm thinking of is the general acceptance that Senator McCain is citizen enough to run for president. (I'm not asserting that he's ineligible on this -- or any -- basis. I'm using the situation merely as an example. And to prove that, I'm not using the "election" tag for this post.) The deal is that there has been a question as to whether he's a "natural born citizen" because he was born in the Panama Canal Zone, at a time when people born in the Canal Zone were not considered natural born citizens. But he's been a Senator since the 1980s and no one has proposed (seriously) that he is constitutionally disqualified because of the circumstances of his birth. And actually, to tell the truth, I think this question is totally moot, because since the mid-1950s, if you were born in the Canal Zone after February 1904 and at least one of your parents is a citizen, you're "declared to be a citizen." The only question left is whether citizen in Title VIII there is equivalent to the constitutional language of natural born citizen. I'm sure there's caselaw about that, and I'd bet that the terms are one and the same. This is a 10-minute blog post, not a law review Note, so I'm leaving it at a bet. Basically I'm wondering what you call it, if there is no caselaw about it, or if the statute hadn't been passed in the 1950s, when people would just say, "Well, this person was born in the Canal Zone in the 1930s, and we owned the Canal Zone at that time, so he's a constitutionally enough a citizen."

What's the term for that?

Prof. Abbe Smith to present excerpts from her new book (FREE EVENT)

Prof. Abbe Smith, a renowned criminal defense lawyer (and former Philadelphia public defender), will speak about her new book, Case of a Lifetime: A Criminal Defense Lawyer's Story. It's a memoir about Prof. Smith's work as a defender and includes a section on her work for Patsy Kelly Jarrett, a woman wrongly imprisoned for robbery and murder. As a consequence of Prof. Smith's efforts, Ms. Jarret was released after almost 30 years. Prof. Smith, a Fulbright Scholar, started working on Jarrett's case as a 2L at NYU. A recognized expert on legal ethics and a prolific scholar and writer, Prof. Smith is currently a professor at Georgetown University Law Center.

Details about the event:

When - Wednesday 22 October 2008 5:00 - 7:00 p.m.
Where - Drexel University Earle Mack School of Law, 3320 Market St, Philadelphia PA 19104
Cost - Free to everyone
Open - Open to the public
RSVP - Not required
Food - Reception to follow

Co-sponsored by Drexel Law's student chapter of the American Constitution Society.

Washingtonpost.com provides an excerpt of the book.

(I'll post again closer to the event.)

Senator McCain's transition chief was a lobbyist for Saddam Hussein

Senator McCain's transition chief was a lobbyist for Saddam Hussein.

I'll say it again.

William Timmons, whom Senator McCain has hired to lead the presidential transition team after he wins the election, was a lobbyist for Saddam Hussein, and two of his colleagues in the effort "were convicted of federal criminal charges that they had acted as unregistered agents of Saddam Hussein's government" (HuffPost):

In early 1992, [Samir] Vincent joined together with John Venners, then a public relations consultant, and William Timmons, a Washington lobbyist, to pursue the purchase and sale of Iraqi oil and the exploration by a consortium of companies of the Majnoon oil field in Iraq. The business plan, intended as a possible alternative to a United Nations oil-for-food program, envisaged that the United Nations would receive the bulk of the profit form sales of Iraqi crude oil from this field. Mr. Vincent suggested that sanctions against Iraq would be lifted imminently and that the Iraqi government might grant a long-term concession to an American oil company.

GOP, Act III, Scene II

Senator McCain has failed to admonish GOP extremists like Jeffrey Frederick (chair of the Virginia GOP), who says that Senator Obama and Osama bin Laden are alike "because they both have terrorist 'friends.'" And, until only very recently, McCain has failed to hush people yelling "terrorist" and "kill [Obama]" at rallies for him or Governor Palin. That's shameful, really, and questionably American, and arguably criminal incitement to violence. But the point of this post isn't to say that McCain is an un-American coward who seeks the annihilation of his opponents. The actual point is that I absolutely love Senator Biden's continual "for Brutus is an honorable man" references to McCain:

"I don't believe it . . . I can't believe it," Biden said of [Frederick's] comments. "I'm surprised John McCain hasn't gone down and whacked the guy with his fist. I mean, I don't think there's a prejudiced bone in John McCain's body. But that kind of stuff is really off the wall. I refuse to let myself believe John McCain has anything to do with any of that.”

The GOP's most famous high-school dropout (for today)

Brendan notes that Bristol Palin's fiancé, Levi Johnston of Wasilla, Alaska, has dropped out of high school to start an electrician apprenticeship in the oil industry:

Is this the kind of message McPalin wants to give the kids of America? That it’s OK to get pregnant as a teenager and OK to drop out of school? That’s the message of hopelessness and despair I associate with the rap music the Republicans always seem to be criticizing...

I'm likewise curious to understand how it's better for him to take off for an apprenticeship in the north fields, leaving Bristol Palin at home alone with the baby. Of course she'll get family support, but baby will miss out on having dad around, and dad will miss out on baby's early nurturing and development. I don't know what Alaska GED and teenage parenthood programs are like, though. Maybe there's no real option for him to stay in Wasilla and get his GED while actually co-parenting his child. But I did find an AP interview with at least part of the answer; it seems to indicate that Johnston is not planning on getting his GED.

Also, in addition to Brendan's point about the message that the McCain-Palin campaign is sending here, there's a point buried at the bottom of the article, in sort of a "isn't that cute?" type of coda:

What about Johnston's politics?

The young man said he wasn't an expert on politics by any stretch. Asked about Barack Obama, he replied: "I don't know anything about him. He seems like a good guy. I like him."

Johnston [who is 18] didn't register in time to vote, according to the Mat-Su Division of Elections Office in Wasilla. But he's still rooting for John McCain and Sarah Palin.

The Death of the Republican Intellectual

An acquaintance of mine who writes over on Livejournal has written a thoughtful piece about The Death of the Republican Intellectual. Here's a nice excerpt that sums up a lot of what I've been seeing on his blog for the past few years:

First they came for the war protestors, but I thought it was important to support our troops so I said nothing. Then they came for the Muslims, but I saw a scary guy on TV so I said nothing. Then they came for the persistently vegetative medical patients, but I'm still in good health so I said nothing. Then they came for the married homosexuals, but I'm married to a lady so I said nothing. Then they came for the civil libertarians, but I thought "I have nothing to hide" so I said nothing. Then they came for the biologists and climatologists, but I thought that the scientific consensus on evolution and climate change wasn't quite strong enough so I said nothing. Then they came for the elitists, but I've only got a master's degree from a state school so I said nothing. And that's why this year it's just me and a bunch of GED-educated pentecostal luddite homophobes holding "Sarah Palin 2012" signs.

Tongodeon lives and works in the Bay Area. He's been an internet acquaintance of mine for about 15 years and almost always has something interesting and readable to say.

Monday art house: "Guernica 3D"

Guernica was horrifying; Guernica is shattering; artist Lena Giseke has brought the figures out and examines the carnage in 3-D:

The Articles of Confederation were bad news for inventors and authors

Here's a question I never expected to have to answer: How do you cite to the Articles of Confederation in Bluebook law-review style?

Because, you see, I learned today that Congress under the Articles of Confederation did not have the authority to pass any kind of federal intellectual property protection (i.e., a patent or a copyright). Here's why. The States retained all powers that the Articles did not delegate to Congress. The Articles did not delegate the power to pass protective laws to promote "science and useful arts" -- an issue that was resolved later, without controversy, during the Constitutional Convention by the happy drafting of Art. 1, sec. 8, cl. 8. So under the Articles, every State had its own copyright and patent laws, except where a particular State hadn't enacted any. Authors and inventors were left to rely on the Articles' full faith and credit clause. I wonder if it squelched innovation and commerce at all, or if it really just didn't matter too much because only a small, small percentage of the population were in industry, as opposed to farming.

But imagine 50 States having 50 (or fewer) separate patent and copyright statutes. It would be like blue laws. And for the love of christ, imagine 50 different rules on reversions of assigned copyrights, and then interrelating the rules across States. I mean, I think it's a pain trying to figure out if I can buy a case of wine over the internet, or whether that's an unmarked car in the parking lot at Kreston Liquor Mart radioing my license plate to a cop at the Delaware-Pennsylvania line on I-95.

Or maybe it would go like a lot of entertainment law, and there would be basically only 2 sets of rules, California-style and New York-style.

In conclusion, in my expert opinion the Articles of Confederation were a mess, and I approve of dropping them in favor of a document that gives the national government more power. Also, I need to figure out where I stowed my Bluebook after my failed attempt to write on to the law review a couple of summers ago.

Lead Weathermen prosecutor "amazed and outraged" at attempts to link Senator Obama to Bill Ayers

Dig these excerpts from a letter to the editor of The New York Times. The author is William C. Ibershof, lead federal prosecutor of Bill Ayers and other Weathermen (Weather Underground) in the 1970s:

I am amazed and outraged that Senator Barack Obama is being linked to William Ayers’s terrorist activities 40 years ago when Mr. Obama was, as he has noted, just a child.

And further:

Senator Obama['s recent service] on a board of a charitable organization with Mr. Ayers cannot possibly link the senator to acts perpetrated by Mr. Ayers so many years ago.

And clarifying just why charges against Ayers and others were dropped:

[The indictment was dismissed] because of illegal activities, including wiretaps, break-ins and mail interceptions, initiated by [convicted Watergate conspirator and perjuror] John N. Mitchell, attorney general at that time, and W. Mark Felt, an F.B.I. assistant director.

Via Phillybits.

Friday jukebox: George Michael

Easy-listening pop-blues version of the Yip Harbug and Jay Gorney standard "Brother, Can You Spare a Dime?"

I don't ask, I merely post:

CNN calls Virginia for Senator Obama

Depending on which poll you look at today, it's 49% Senator Obama to 45% Senator McCain, or 53% Obama to 44% McCain in the Commonwealth of Virginia.

Mithras, who has a job, as opposed to me, who will be leaving law school to face the worst American economy in the history of the universe, was wondering which swing state he should go to, if McCain abandons his campaign in Pennsylvania. Looks as though the list of those states may be a little shorter than he thought it was. "Virginia Republicans," writes CNN, "have not won a statewide race since Democrat Mark Warner won the governorship in 2001."

Speaking of which, since when did we start calling swing states "battleground" states? There's a navel-gazing academic essay in there somewhere about the militarization of language in a militaristic, sovereign-country-invading society.

And speaking of Virginia, Brendan has pointed out that Ralph Stanley of Dickenson County has endorsed Obama in a radio ad that warms the cockles of my Piedmont heart.

Senator Obama's Philly appearances this weekend

Via Phawker:

Saturday 11 October 2008

Change We Need Rally with Senator Obama
Progress Plaza
1501 N Broad Street
Philadelphia PA 19122
Doors open: 6:15 AM
Program begins: 8:15 AM
RSVP and SEPTA strongly encouraged

(Another) Change We Need Rally with Senator Obama
Mayfair Diner
7373 Frankford Ave
Philadelphia PA 19136
Doors Open: 7:15 AM
Program Begins: 9:30 AM
Public Entrance: on Frankford in between Tudor and Aldine
RSVP strongly encouraged

(Yet Another) Change We Need Rally with Senator Obama
Vernon Park
5789 Germantown Ave between E Chelton Ave and W Rittenhouse St
Philadelphia PA 19144
Doors Open: 9:00 AM
Program Begins: 11:15 AM
RSVP strongly encouraged

(And Another) Change We Need Rally with Senator Obama
Intersection of South 52nd St and Locust St,
Philadelphia PA 19139
Public entrance: Spruce Street.
Doors Open: 11:00 AM
Program Begins: 1:10 PM
RSVP strongly encouraged

Don't bring bags, don't bring anything that looks remotely like a weapon, don't bring signs, don't bring banners. But bring yourself and bring a friend!

Sarah "Heathers" Palin

I followed some bouncing links today, and someone pointed out that one reason why Tina Fey does such a sharp impression of Governor Palin is that Fey was, one should remember, one of the primary artists responsible for that movie Mean Girls.

And Mean Girls itself, of course, was informed by Heathers.

Sarah Palin is Heathers. Which one? Doesn't matter. Any of them. All of them. Christian Slater.

I pointed that out already in a post last month, but I buried the reference in a link that didn't overtly point to the film's IMDb entry.

Did Bruce Springsteen get a parking ticket on Saturday?

On the way to the show Saturday morning, I saw a private charter bus parked in front of the Westin on 17th Street. It had an Obama yard sign on the dashboard inside, showing through the passenger-side windshield. Under the windshield wiper on the driver's side was a parking ticket.

Then after the show I saw what I'd swear on a stack of bibles was the same bus parked behind the stage area.

Maybe I should register phillyparkingauthorityformccain.com. Or paybrucesparkingtickets.com.

Bruce for Obama: the American Reclamation Project

(Photo from AP.)

Mithras has posted a transcript of Bruce Springsteen addressing the Obama campaign's voter registration rally on Saturday. Some 50,000 people attended. I won't copy & paste his post here, but I'll give you the YouTube cell phone video that he linked to:

Confidential to John at Drexel Dems

Yo, my friend, your drinks are on me this Tuesday.

So long as you keep it to beers. The super-cheap mystery beers. OK, one super-cheap mystery beer. I'm on a budget.

Deep thought on very narrow maritime borders

I live in Philadelphia. My home is less than a mile from the Delaware River, a very narrow maritime border separating Pennsylvania from New Jersey. There's a lot of interstate commerce between these two states. Also, I sleep a lot in my home. Thus, I should be an expert on the Dormant Commerce Clause.

I will take this urgent matter up with my Con Law professor right away.

Legal employment landscape: empty

I'm about smack in the middle of my class, grades-wise. I'm not in the rarefied top 10 percent, but I'm not a bottom-feeder, either. As a single parent and older student, I have a lot of other stuff going on in my life that the students in their early 20s don't have. So for someone in my situation, my placement in the class isn't too damn bad at all.

Here's the most recent result of my job search, indicative of all my attempts at on-campus interviewing (OCI) this year:

I learned yesterday that Heller Ehrman, LLP, one of the larger and older West Coast firms, will dissolve on Friday because of debts in the neighborhood of $50 million.

God save all us new J.D.s who graduate in the bottom 90% of our class.

Feminist Law Profs Blog: "Leave Sarah Palin aloooooooone!"

(I've tried following up on the Feminist Law Profs blog before, but the moderators seem to reject my comments. So I'm posting here, where I moderate comments only for spam, abuse, and trolling.)

Prof. Ann Bartow can't muster up more praise for Sarah Palin than that she's "bright and energetic" and "would bring a very different package of life experiences to the job." Like aerial hunting, I guess -- something to keep in mind next time there's a protest march on the Mall. But Bartow is dead-set against Joe Biden and criticizes him regularly, though she always leaves out of her complaints the fact that Biden co-authored the Violence Against Women Act. So today Bartow posted yet another "leave Sarah alooooooooone!" entry to the Feminist Law Profs Blog, in response to this week's cover of The New Yorker:

I’m not a Palin partisan, but the ridicule she is enduring seems to far exceed what is being thrown at the very gaffe prone and not particularly progressive Joe Biden, or so it seems to me, and I have to belive [sic] it is due at least in part to her gender. [Links removed.]

This is nonsense, for at least three reasons. First, Biden has had plenty of ridicule leveled at him. He's been taking it for years, and has two previous failed bids at the Presidency to show for it.

Second, the New Yorker cover in question refers to Tina Fey's first Palin satire, when she said, "And I can see Russia from my house!" It's an homage to the famous 1976 Saul Steinberg "View of the World" cover and shows a woman with Palin-style hair looking out her window, over Alaskan hills, to Russia in the far distance. Obviously, then, this new cover refers to the McCain-Palin campaign's completely absurd claim that Alaska's proximity to Russia, without more, somehow magically confers foreign policy experience on a governor of that state. (And remember that Palin sidestepped the issue when Charles Gibson asked her to clarify, by feeding him a strange lie that Alaska produces "nearly 20 percent of the U.S. domestic supply of energy.")

Third, Palin and the McCain-Palin campaign are running a campaign based largely on her being a female candidate. Palin was chosen to try to win over disaffected Hillary Clinton supporters. She was chosen because her feminine charm and (relative) youth offset McCain's grizzled old soldier character and appearance. She was chosen in the hopes that some women will simply knee-jerk vote for a female candidate.

The McCain-Palin campaign has put forth her her gender as one of the main reasons you should vote for John McCain for president. She mentions that she's a mother of five in her speeches and interviews, as few and far between as they are. She bases her claimed experience for the vice presidency on being a vicious, but lipstick-wearing, hockey mom. This is deserving of ridicule. She and McCain have put her gender at issue from the moment McCain picked her as his running mate. So Sarah Palin shouldn't be heard to complain that some of the "ridicule" she gets is based upon her gender!

The New Yorker cover is a welcome and even-handed criticism of Palin after that magazine's inexplicably racist and simply out-to-lunch Obama family "terrorist" cover from July. The cover is a brava to Tina Fey's Palin impersonations. But the cover is not out of line. Rather, it's a fair criticism of an absolutely inadequate candidate and the lying presidential campaign that brought her on.

It's simple, really. Palin gets more ridicule than Biden because she deserves it more than he does. And she'll get no sympathy from me.