Archive for 2014

UNSETTLED SCIENCE: Two big recent scientific results are looking shaky—and it is open peer review on the internet that has been doing the shaking.

Scientists make much of the fact that their work is scrutinised anonymously by some of their peers before it is published. This “peer review” is supposed to spot mistakes and thus keep the whole process honest. The peers in question, though, are necessarily few in number, are busy with their own work, are expected to act unpaid—and are often the rivals of those whose work they are scrutinising. And so, by a mixture of deliberation and technological pressure, the system is starting to change. The internet means anyone can appoint himself a peer and criticise work that has entered the public domain. And two recent incidents have shown how valuable this can be.

Unless it’s climate science. Then you’re a filthy climate-denier.

LEFT OUT OF MEDIA COVERAGE: Las Vegas Cop Killers Were #Occupy Protesters. “While living in Lafayette, Jerad and his wife Amanda took part in last November’s ‘Million Mask March’ – a gathering of protesters from the Occupy movement, anarchists, and hacktivists.”

I wondered why that story disappeared so fast. (Via Jim Hoft.)

THE WALL STREET JOURNAL endorses Elizabeth Price Foley’s standing argument:

Mr. Obama’s practice of unilaterally waiving his duty to faithfully execute statutes has been abetted by a presumed lack of legal “standing” to contest his suspension. To the extent individuals have not suffered concrete injuries that the courts traditionally redress, he feels he can act without consequence to create whole-cloth regulatory regimes. This makes the inherent Article I powers of Congress irrelevant, with perhaps permanent damage to the separation of powers and political accountability. If Mr. Obama gets away with it, the next President probably will too.

But Congress may yet have a way to challenge this usurpation in court. The Washington constitutional litigator David Rivkin and Florida International University law professor Elizabeth Price Foley have developed a legal theory that would allow for judicial review to resolve this dispute between the political branches on the merits. Members of Congress as individuals cannot sue as individuals over passing political disputes. But when the President is usurping core legislative powers, Congress as an institution can sue to vindicate this constitutional injury.

Short of impeachment, there is no other way for Congress to defend its rights, and the Rivkin-Foley case is narrow and limited—and should survive judicial scrutiny. The idea has secured the interest of the GOP leadership, which may soon authorize a House-led lawsuit.

Stay tuned.

THE WEEK IN DRONES.

CATHY YOUNG: The Brown Case: Does It Still Look Like Rape? “Aside from Brown’s handling of the case, the most striking aspect of this story is the utterly pathetic performance of the media. No attempt was made to independently verify any of Sclove’s claims. Most publications made no attempt to get Kopin’s side of the story. No one thought to ask such basic questions as: If Sclove was indeed violently raped and strangled, why didn’t she go to the police? Would Brown officials really readmit a known violent rapist after a brief suspension and run the risk of him reoffending? Of course, this lack of critical scrutiny is entirely typical of the media coverage of campus rape controversies. One can only wonder how many stories of universities letting rapists off the hook and re-victimizing women who have been sexually assaulted would hold up on impartial examination. With more and more commentators questioning the “rape culture” moral panic and the “justice” of campus kangaroo courts, perhaps the media will finally start doing their job.”

WHAT’S EDGIER THAN MAKING HEROES OUT OF PEOPLE WHO KILLED AN OLD MAN IN A WHEELCHAIR? Metropolitan Opera romanticizes one NYer’s murder. “In 1985, New Yorker Leon Klinghoffer, 69, and his wife Marilyn took a cruise to celebrate their 36th wedding anniversary. Leon never came back: Four members of the Palestine Liberation Front hijacked the Achille Lauro, shot him in the head and threw him overboard in his wheelchair. Starting in October, The Metropolitan Opera in Lincoln Center plans to show a mockery of this brutal murder — the long-dormant ‘The Death of Klinghoffer.'”

RON RADOSH: TNR’s Hit Job on Scott Walker: The Real Reason They Ran this Cover Story. “What really irks TNR is not anything Macgillis brings up in the article, but Walker’s many accomplishments. The most important one, as they well know, was that he successfully took on the teacher’s union and public sector unions, whose tie-ins with Democrats assured them the kind of benefits private sector workers do not have.”

POTEMKIN VILLAGES ALL THE WAY DOWN, TWITTER EDITION: Politico: “The @BarackObama account, now managed by Organizing for Action, leads the political pack in fake followers, according to Barracuda’s analysis. In fact, of the more than 43 million followers when the data were studied last month, just 36.6 percent were deemed ‘good’ under its metrics, while 46.8 percent count as ‘fake.’ An additional 16.6 percent of the @BarackObama followers are labeled ‘uncertain.'”

ACTUALLY, GIVEN HIS TRACK RECORD THIS IS PROBABLY GOOD NEWS FOR LEGAL EDUCATION: Obama Warns College Students Against Law School.

When the President of the United States is telling 20 somethings not to enter his own profession, you know it’s in for a radical downsizing. Luckily, it seems law schools themselves are adjusting to this new reality. Some are cutting their class sizes, others are exploring reducing or eliminating the third year of law school. But these are only small starts, and only a small number of schools are considering them. Law schools need to do more to get in front of the market collapse and make radical changes before the changes are forced on them in a more painful way. If the President himself coming down against more lawyers doesn’t motivate them, we don’t know what will.

I mean, every statement has an expiration date.

THE GOP SHOULD MATCH WHATEVER THEY OFFER AND ADD TUITION PRICE CAPS AND ADMINISTRATIVE SALARY CAPS: Democrats Bank on Heavy Student Loan Debt as Election-year Issue. Start talking about price controls for higher education, and watch academics start sounding like free-marketeers! Why should the president of any university getting federal funds earn more than the President of the United States?