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14 июля, 22:43

LawProfBlog: I Was Brave, Once—Noted

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**LawProfBlog**: _I Was Brave, Once : ‘There was an outpouring of conservative support, the likes I haven’t seen since I and others tweeted that it was a terrible idea for a law student to clean his gun on screen during a zoom class.... The original outrage was about a subtweet... >...This post isn’t about the Arizona case or either of those two professors: It is the notion of academic bravery.... >I’ll be defending Godzilla. Godzilla entered the United States, and immediately started wreaking havoc in San Francisco. The military sought to bomb Godzilla and kill him. I thought to myself: What a perfect time to bring an action via the Endangered Species Act! Who could be more oppressed that Godzilla? He suffers from being unique, way beyond the “discreet and insular” minority contemplated in Carolene Products. And he doesn’t have a voice (okay, literally, he roars and that’s it). And like Anakin Skywalker, he brings balance to the Force (if you have seen the most recent movies).... >My legal practice as an academic clearly does not demonstrate my core values. Sometimes you just got to take the hard cases for higher principles. Don’t judge me! There are bigger issues at...

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14 июля, 17:44

Adams (1776): 'Passion for Liberty Cannot be Eaquelly Strong in... Those... Accustomed to Deprive Their Fellow Creatures of Theirs'—Noted

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**Abigail Smith Adams** (1776): _'[Virginians'] Passion for Liberty Cannot be Eaquelly Strong_ : 'Tell me if you may... what sort of Defence Virginia can make.... Whether it is so situated as to make an able Defence? Are not the Gentery Lords and the common people vassals, are they not like the uncivilized Natives Brittain represents us to be? I hope their Riffel Men who have shewen themselves very savage and even Blood thirsty; are not a specimen of the Generality of the people. I [illegible] am willing to allow the Colony great merrit for having produced a Washington but they have been shamefully duped by a Dunmore. I have sometimes been ready to think that the passion for Liberty cannot be Eaquelly Strong in the Breasts of those who have been accustomed to deprive their fellow Creatures of theirs. Of this I am certain that it is not founded upon that generous and christian principal of doing to others as we would that others should do unto us... .#liberty #noted #racism #reading #2020-07-14

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14 июля, 02:22

Edmund S. Morgan: Slavery & Freedom—For the Weekend

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**Edmund S. Morgan**: _Slavery & Freedom_ : 'It may be coincidence that so many Virginians who grew up after the advent of slavery turned out to be ardent republicans. And it may be coincidence that among their predecessors who lived before slavery became prevalent, so many were unrepublican, unattractive, and unscrupulous, not to say depraved... >...On the other hand, there may have been more than coincidence involved. >Although it seems unlikely that slavery had any tendency to improve the character of masters, it may have had affinities with republicanism that escaped Jefferson’s analysis. The presence of men and women who were, in law at least, almost totally subject to the will of other men gave to those in control of them an immediate experience of what it could mean to be at the mercy of a tyrant. Virginians may have had a special appreciation of the freedom dear to republicans, because they saw every day what life without it could be like.... >Aristocrats could more safely preach equality in a slave society than in a free one. Slaves did not become leveling mobs, because their owners would see to it that they had no chance to. The apostrophes to equality...

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13 июля, 22:24

Morgan: American Slavery, American Freedom—Noted

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**Edmund S. Morgan**: _American Slavery, American Freedom: The Ordeal of Colonial Virginia_ : 'Slaves could not be made to work for fear of losing liberty, so they had to be made to fear for their lives. Not that any master wanted to lose his slave by killing him, but in order to get an equal or greater amount of work, it was necessary to beat slaves harder than servants, so hard, in fact, that there was a much larger chance of killing them than had been the case with servants. Unless a master could correct his slaves in this way without running afoul of the law if he misjudged the weight of his blows, slaveowning would be legally hazardous. So in 1669 the assembly faced the facts and passed an act that dealt with them forthrightly: '**An act about the casuall killing of slaves**: Whereas the only law in force for the punishment of refractory servants resisting their master, mistris or overseer cannot be inflicted upon negroes [because the punishment was extension of time], nor the obstinacy of many of them by other than violent meanes supprest, Be it enacted and declared by this grand assembly, if any slave resist...

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13 июля, 19:53

The Obelisk of Wokeness & the Dome of Cancellation

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We have a Washington Monument in large part because there was a guy who forced his army to _obey the law_ and the civil authorities, and not to grab what it had the power to take through force or the threat of force: "Let me conjure you, in the name of our common Country—as you value your own sacred honor—as you respect the rights of humanity, & as you regard the Military & national character of America... [do not] under any specious pretences overturn the liberties of our Country... open the flood Gates of Civil discord, and deluge our rising Empire in Blood..." We have a Jefferson Memorial in large part because there was a guy who cancelled not an individual but a king, an empire, and an entire system of government: "To secure these rights, Governments are instituted... deriving their just powers from the consent of the governed.... Whenever any Form of Government becomes destructive... it is the Right of the People to alter or to abolish it, and to institute new Government... in such form, as to them shall seem most likely to effect their Safety and Happiness..." That we need these monuments to Wokeness and Cancellation, and...

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13 июля, 16:46

Lopez: Enlightenment Coffee Shop—Noted

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**Andrew Lopez**: _'Just left an Enlightenment coffee shop_ . Packed with Lockean and Humean liberals too afraid to even whisper about reason, federalism, IQ, and the superiority of the White race—Things are DIRE!: >**Steven Pinker**: _'Not just professors_ . This AM, from a worker: "I feel uncomfortable expressing my thoughts, moderate as they are, to coworkers for fear of being labeled a bigot. I'm a moderate centrist and lib. in the tradition of Locke and Hume. Why can’t they accept me for revealing liberal enlightenment feelings?": >>**John McWhorter**: 'Bravo to this honesty. Since May I have gotten almost an email a day from a professor who fears speaking out against the modern distortion of progressivism would get them fired. .#noted #2020-07-13

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12 июля, 21:36

Delbanco: Offerring More than ‘Zoom from Your Room'—Noted

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**Andrew Delbanco**: _Universities Must Offer More than ‘Zoom from Your room’_ : ‘The most candid thing to say to prospective students would be: “Come to college and Zoom from your room!”... Richard Arum, dean of the School of Education at the University of California, Irvine, has suggested that elite institutions, forced to resort to online technologies, should now help develop “online learning options complementary in practice and commensurate in quality to face-to-face instruction”. This would benefit their own students and those whose “life circumstances make them unable to leave their family homes and forgo paid work to attend college” on a residential campus. What exactly this will mean no one can say.... Every college is now scrambling to make students’ online experience as personal as possible.... We need better online learning for everyone. The involuntary experiment at elite schools could help to achieve that. Harvard expects its innovations to have “cascading effects on higher education”. If so, the disruption will have yielded some lasting benefit. Otherwise, the pandemic will have been an inconvenience for the privileged and a disaster for everyone else… .#noted #2020-07-12

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12 июля, 20:33

Holbo: 'This Maxim Is Patently, Grossly Inadequate for Governing a Blog Comment Box... Let Alone... Public Reason & a Public Sphere'—Noted

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There is good-faith speech that is heated and provocative "discussion of the issues" that advances public reason and the public sphere. There is bad-faith speech that aims to undermine and destroy public reason and the public sphere—trolling, sealioning, discursive monkeywrenching, or simple grifting. There is consensus that such a line exists. There is consensus that the public sphere and public reason require that that line be enforced—that those who violate it be "cancelled", that there be consequences. And in this real world there will be consequences, if only because people whose public face is that of a troll—or a sealion, a monkeywrencher, or a grifter—is unlikely to add to the quality of an employment or a social circle. There is a problem that good-faith speakers will and do have good-faith disagreements as to where the line is between heated and provocative but productive contributions on the one hand and trolling, sealioning, monkey wrenching, and simple grifting on the other. There is also a problem that bad-faith speakers always and everywhere will and do attempt to fly under false flags to claim that some speech that advances public reason is in fact beyond the line. There is a tendency to wish...

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12 июля, 16:25

Werning, Rodrik, Dube, DeLong: Market & Government Failure—Dawn Procrastination Department

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*I*van Werning**: 'Many economists repeat (without thinking?) that the burden of the proof is on showing a market failure. Perhaps makes sense in some politico-economy perspective, to avoid lobbies. But scientifically, I cannot make sense of it from a Bayesian perspective.' **Dani Rodrik**: 'It doesn't make sense even from a political-economy perspective (typically there are "barbarians" on the laissez-faire side of an issue as well). Here's something I wrote on this a while back, distinguishing first-best and second-best economists: **Why do economists disagree?** Non-economists are often baffled by the disagreements among professional economists on the issues of the day--from international trade to the minimum wage, from economic development to health policy... ' **Arindrajit Dube**: 'Exactly. I think since the 1970s, there has been a remarkably cavalier assumption that intellectual deviations from competitive, efficient, neoclassicism are somehow more amenable to capture by interest groups than fairy tales about how markets work.' **Brad DeLong**: Say, perhaps, that we have very good theories of individual narow market failures, but no institutional ability to include them in our background model of how the economy outside of our narrow era of focus is working. Keynes's _General Theory_: >If effective demand is deficient, not only is...

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12 июля, 00:56

Frieden: Weekly Roundup— Noted

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**Tom Frieden**: _Weekly Roundup_ : ‘US lagging in control, surging in cases. Only the Northeast is at all reassuring, and those gains are at risk. Reopening schools is getting much harder. Drawing from @CDCgov Covid-View and Tracking Our COVID-19 Response—covidexitstrategy.org. Test positivity reported up: 9.2%; South-Central at 17%! Look carefully at trends from commercial labs. The first decrease in positivity among young adults in 2 months... and now increasing in older adults. What started in young adults, didn’t stay in young adults.... Tests that take more than 48 hours to come back are of little [epidemic-assessing] value. We should see by state and race/ethnicity, the rates of tests that return results within 48 hours. Influenza-like and covid-like illness visits to emergency departments are rising in 7 of 10 US regions. Native Americans, African Americans, Latinx and others continue to be disproportionately affected: more exposed, more underlying, undertreated illness, and less access to care. Community engagement, empowerment, and leadership are crucial for progress. Deaths are below the epidemic threshold, but how long will that last?... Deaths are beginning to rise in the South/Southwest/West now offsetting the decline in New England, Mid-Atlantic midwest. And this is before young adults spread to lots...

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11 июля, 21:12

Comment of the Day: Koop: [Watson] 'I Was Canceled & Deplatformed... by Richard Dawkins & His Fans Instead of, Like, Trans People...

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**Phil Koop**: _This Maxim Is Patently, Grossly Inadequate for Governing a Blog Comment Box... Let Alone... Public Reason & a Public Sphere_ : 'Also, [Rebecca Watson:] "Sometimes I feel sympathy for the people who worry about “cancel culture” and then I remember that I was canceled and deplatformed but they don’t think it counts because I was targeted by Richard Dawkins and his fans instead of, like, trans people or antifa or whoever [woman shrugging]" … .#commentoftheday #2020-07-11

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11 июля, 17:57

Greene: The Torturable Class—Noted

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**Graham Greene**: _Our Man in Havana_ : '"Did you torture him?" Captain Segura laughed. "No. He doesn"t belong to the torturable class." "I didn"t know there were class-distinctions in torture." "Dear Mr Wormold, surely you realize there are people who expect to be tortured and others who would be outraged by the idea. One never tortures except by a kind of mutual agreement." "There"s torture and torture. When they broke up Dr Hasselbacher"s laboratory they were torturing…?" "One can never tell what amateurs may do. The police had no concern in that. Dr Hasselbacher does not belong to the torturable class." "Who does?" "The poor in my own country, in any Latin American country. The poor of Central Europe and the Orient. Of course in your welfare states you have no poor, so you are untorturable. In Cuba the police can deal as harshly as they like with émigrés from Latin America and the Baltic States, but not with visitors from your country or Scandinavia. It is an instinctive matter on both sides… .#noted #2020-07-11