Monthly Archives: April 2008

Maybe Health Care Just Isn’t Funny

Sen. Ron Wyden's office is sending out email touting this video, Senator Ron Wyden | Stand Tall for Health Care Reform.

They offer reviews such as “Ron Wyden Makes Health Care Reform Funny… [a] truly funny and risky political ad” and “The most entertaining political advertisement I've seen in a long time”.

So, judge for yourself.

I didn't like it at all. But I do like the slogan: “Are you ready for universal health care that can never be taken away?”

Posted in Politics: US: Healthcare | Comments Off on Maybe Health Care Just Isn’t Funny

The End, The Beginning

I taught my last class of the semester this afternoon. For several of the students it was their last class of law school, and they were more than a bit giddy with relief — demob happy. But we had a good class anyway, or because of it.

The end today for graduating students is really just a beginning of something bigger and longer and likely more important, which is why we call that ceremony coming up “Commencement”. The end today for me is just a turning of a wheel: I expect to do it all again next year.

But for one of my colleagues today, it was the final turn of this particular wheel. After 56 years on our faculty, here since September, 1951, Minnette Massey taught her last class today. It is very hard for me to imagine our University of Miami School of Law without this indomitable, outspoken, adorable, sometimes irascible, deeply decent, icon and pioneer of the Florida bar—one of the first women to do innumerable things in the Florida legal world. Minnette was Acting Dean for three years in the '60s; I have to suspect sexism kept her from ever being appointed as 'Dean'. She was a mentor to two generations of state legal luminaries, and the go-to person for local federal judges who needed special masters in complex cases, particularly before they had Magistrate Judges to do some of those jobs. Among Minnette's many achievements is decades of work to fully integrate the bar, not least by mentoring students and young professionals. She's not young, but no one who knows her thinks she had to retire. Minnette made it clear, however, that she didn't want to be one of those people who waited until she had to be forced out: her leave-taking, like so much else in her life, would be her own decision on her own time on her own rules.

Everyone has a Minnette story or three. Here's one of my earliest: back when I was in my first year of law teaching, with a full three months under my belt, I attended the AALS winter conference for the first time. I was teaching Civ Pro I in those days, so of course I went the to the meeting of the Civil Procedure Section, which happened to be a joint section meeting with the Admiralty section that year — the big case was Carnival Cruise Line, which was about the enforcement of forum selection clauses on cruise tickets. On the way into the room, I bumped into Minnette. I had planned to lurk in the back. Minnette steered me to the front row, greeting everyone in the room on the way, which left us craning our necks up at a panel on a raised dias. The talk began. The admiralty speaker was, from a civil procedure standpoint, somewhat obvious. And he was not brief. I was thinking how much better off I would have been in the back, but here I was in the front, with a senior colleague I didn't know very well, she had said hello to everyone, we were very visible, there was no escape, we'd just have to look interested. “ISN'T THIS BORING?” Minnette said to me in a stage whisper loud enough to be heard next door. (I later learned that was her regular voice.) I wanted to crawl under my seat. But no one else seemed to mind. I suspect that everyone in the room just knew she was being herself: you always know where you stand with Minnette — she doesn't play games, and no, she won't suffer fools in silence, but you cannot be around her long without seeing how much she cares about people and about justice. Minnette doesn't brag (much), so it takes somewhat longer to learn just how much she has given to others and to our law school. I will miss Minnette enormously — unless we are lucky and she again blazes a new trail, this time in retirement, and makes Emeritus status something that involves greater involvement in the law school community than has commonly been the case in the past.

Several of us snuck in at the end of her class this afternoon to join the standing ovation in Room 109, and formed an impromptu receiving line in the aisle as she left the room. When she came to Charlton Copeland, currently our most junior faculty member, she said, “It's up to you now.”

Posted in Law School, Personal, U.Miami | 1 Comment

Lessons in Map-Reading

Daily Kos explains how to read The Clinton and Obama maps.

As a former John Edwards supporter, one of the reasons I prefer Obama to Clinton is that I think he'll help elect a much better House and Senate. Maps like these are part of the reason I believe that.

Posted in Politics: US: 2008 Elections | 1 Comment

Why Should Petraeus’s Confirmation Be a Cakewalk?

The SCLM is busy assuring me this morning that Gen. Petraeus's confirmation as the head of CenCom is a done deal.

Asked about Petraeus's prospects for Senate confirmation, Gates said he already had conferred with Armed Services Committee Chairman Carl Levin, a Michigan Democrat, as well as Senator John McCain of Arizona, a presidential candidate and ranking Republican on the panel, and Senator John Warner of Virginia, a top Republican voice on military issues.

`High Respect'

“I think they all have high respect for General Petraeus,'' Gates said. “He has clearly been successful in his current assignment, and so I don't really anticipate any problems.''

Levin limited his public comments to a statement saying he was “hoping to schedule a prompt confirmation hearing.''

McCain, a strong supporter of the U.S. military buildup in Iraq that Petraeus advocated and then commanded, called him “one of the great generals in American history'' who had achieved “dramatic success'' in Iraq.

Senate Majority Leader Harry Reid was less welcoming. Reid, a Nevada Democrat, said he will be “looking for credible assurances of a strong commitment to implementing a more effective national security strategy'' when the nomination comes before the Senate. Reid said the battles against the Taliban in Afghanistan and al-Qaeda in Pakistan and the overall readiness of U.S. ground forces “have suffered as a result of the current costly Iraq strategy,'' requiring “fresh, independent and creative thinking.

Perhaps because the relevant committee is the generally pliant Armed Services Committee, the easy confirmation story may be correct. But why should Petraeus's confirmation be a cakewalk? There are three ways in which this appointment is unusual, and the combo ought to be enough to give one pause.

First, and perhaps least important, there's the Army policy issue. As I understand it, the practice in the Army is to rotate commanders in from outside the area, rather than promoting up from within. The Army justifies this on two grounds: first, it gives its top commanders the opportunity to develop a wider perspective. Second, it's a quiet way of getting rid of bad policies, as the new broom comes in and lets the bad ideas wither on the vine; promoting from within means that one gets more of the same, good or bad. I rate this 'least important' because I've long had doubts about the Army's rotation (or, if you prefer, revolving door) policy. We did it Vietnam, and it contributed to our failure there by creating a 'ticket-punching' mentality; there's a lot to be said for the WWII approach in which commanders were responsible for the consequences of their actions, and either got removed or got promoted to jobs they were most likely to understand quickly. In principle I don't necessarily object to overriding this norm, although I have doubts about both Petraeus and General Ray Odierno who will replace him as the commander in Iraq. (Seems Ray Odierno has a bit of reputation.)

Second, there is the politics of the thing. Promoting Petraeus to the theater command is like leaving a minefield for the next President, especially if s/he's one who would like to withdraw from Iraq, or even downsize our occupation there. Especially if he's angling for a GOP Presidential nomination in the future, he has every incentive to balk.

Third, and by far the most important reason to hold up the confirmation, there are some unanswered questions about Petraeus's veracity. See for example, this debate a year ago over whether Petraeus lied to a Congressional committee about US policy on arming Sunni tribes, and was at the most charitable very highly misleading to Congress about the level of violence in Iraq. Not to mention the suggestion he may recently have been less than forthcoming about discussions with Iraqi PM Nouri al-Maliki regarding military action in Basra.

Why should Congress confirm Petraeus to such high office at a critical time in our two ongoing military actions when he has a proven record of failing to testify fully and honestly?

Posted in Iraq | Comments Off on Why Should Petraeus’s Confirmation Be a Cakewalk?

The Groupthink of Evil

Recently I've avoided writing anything serious about torture — or the ongoing revelations about the Administration's vivisection of the Constitution — because it is just overwhelmingly depressing and I can't find the right words to express how awful it is.

And because Congress remains basically supine. Which is also depressing.

And because the press is still treating most of these scandals as one-day stories on page 23. Which is also depressing.

But even in this fog of despond, I have to draw your attention to Marty Lederman's excessively fine post today, “The Underdeveloped Jurisprudence of the Forcing/Pouring Distinction”.

Posted in Torture | 1 Comment

Great Ad by Joe Garcia

This is really good. Will it work?

YouTube – Diaz-Balart a One-Trick Pony

Is there a Spanish version?

Posted in Politics: US: 2008 Elections | Comments Off on Great Ad by Joe Garcia