Archive for 2014

IT SEEMS AS IF JUDGES ARE GETTING PICKIER ABOUT ELECTRONIC SEARCHES.

Facciola specifically wants government investigators to specify “whether the target devices would be imaged in full, for how long those images will be kept, and what will happen to data that is seized but is ultimately determined not to be within the scope of the warrant—or, more precisely, Attachment B—can only be addressed by a search protocol; after all, the imaging actually occurs as part of the search process.”

While the government did acknowledge in its warrant application that data outside the scope of the warrant “will be returned or, if copied, destroyed within a reasonably prompt amount of time after the information is identified,” that wasn’t good enough for Judge Facciola.

Indeed, while the warrant application does detail a particular iPhone with a specific IMEI number, it does not detail precisely how the government will go about determining where it will look.

Well, courts have been too easy on this stuff, for the most part, for years.

K.C. JOHNSON: “BuzzFeed is uncritically fascinated with ‘rape culture.’ Combine that with Occidental, a college where a male student can be branded a rapist even if his partner says ‘yes,’ and the result is an article by Jessica Testa. Her BuzzFeed article, which reads as if it comes from the Onion, provides an unintentional commentary into how far from reality many campus “activists” now are.”

Occidental College is also very expensive. Why would anyone pay big bucks to send a son there?

K-12 IMPLOSION UPDATE: Choice, Not More Spending, Is Key To Better Schools.

Most proposals for improving education come down to the same thing — spend more of the taxpayers’ money.

But that’s what we’ve been doing for two or more generations, and it hasn’t worked. Andrew J. Coulson, director of the Cato Institute’s Center for Educational Freedom, calculates that inflation-adjusted spending per pupil more than doubled from $5,500 a year in 1970 to more than $12,500 in 2010.

What did America get for its money? Nothing — at least when measured in terms of educational quality. Since 1970, average test scores among 17-year-olds have been flat in reading and math, and down in science. . . .

Money can buy a lot in public schools — smaller classes, better teachers, modern facilities, computers and other technologies. So why hasn’t spending paid off in better educational outcomes? The biggest impediment is a government-run school system resistant to innovation, indifferent to student needs and mired in mediocrity.

Better schools are certainly within our means, but we won’t get them with current assumptions and institutions. It’s time to harness the tried-and-true forces of capitalism — most important, choice and competition. Capitalism in the classroom will create proper incentives, spur innovation and drive entrepreneurial activity.

Gosh, you could write a book on all that’s involved here.

HIGHER EDUCATION BUBBLE UPDATE: Student Loan Deal Comes With Tax Catch. “Millions of taxpayers struggling with student loan debt are being pitched what may seem like a dream come true this tax season: lower monthly payments and a chance to see a chunk of their debt disappear. But there’s a catch: the potential for a huge tax bill down the road.”

THE TODD AKIN OF THIS ELECTION CYCLE IS A DEMOCRAT: So God Made a Lawyer: What do you call Rep. Braley’s gaffe? A bad start.

Iowa’s Sen. Tom Harkin, a popular left-wing Democrat, announced early last year that he’ll retire at the end of his fifth term. Elected in 1984, Harkin is now the sixth most senior senator, and the most senior junior senator–a 21st-century Fritz Hollings. Iowa’s senior senator, Republican Chuck Grassley, was elected in 1980 and won a sixth term in 2010. At age 80, he’s the second oldest member of Congress’s upper chamber, after California’s Dianne Feinstein.

Most observers believe Democrats are likelier than not to hold the Harkin seat. Vulpine prognosticator Nate Silver put the odds at 75%, meaning “lean Democratic but with a plausible GOP pick-up.” While Republicans face a crowded primary in June, the Democratic field is clear for Rep. Bruce Braley. But the other day Braley went to Texas and made a little unintentional news.

As National Journal reports, Braley was speaking to a group of lawyers at a “closed-door fundraiser.” He presumably didn’t realize that before the doors closed, somebody had brought in a camera, which was rolling. He warned the lawyers of the dire consequences of a Republican majority in the Senate (the odds of which Silver puts at 60%).

“You might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee,” Braley said. “Because if Democrats lose the majority, Chuck Grassley will be the chair of the Senate Judiciary Committee.” Grassley is currently the committee’s ranking Republican. (Harkin has a law degree but has never served on Judiciary.)

Braley’s self-description is more substantively revealing than his disparagement of Grassley. As National Journal describes it: “Braley, who practiced law before joining the House, told the crowd he would be someone on the Senate Judiciary Committee with ‘your background, your experience, your voice, someone who’s been literally fighting tort reform for 30 years.’ ” (As an aside, you’d think trial lawyers would come up with a more derogatory framing than “tort reform,” which sounds like a good-government measure and is meant to.)

The identity of the videographer hasn’t been revealed, but the 38-second video was posted to YouTube by America Rising, a conservative political action committee. The visual is a treat, too: On the table alongside Braley are liquor bottles and tumblers. So there he is at a cocktail party, disparaging farmers and promising to serve the trial lawyers. About the only thing that could have made it worse would be if it took place in New York or Beverly Hills rather than Texas.

Well, good thing they don’t have many farmers in Iowa, anyway.