

Today, near Lodi, Wisconsin.
Through Sunday, March 27th, three special interest groups had spent more than $1.14 million on TV... Leading the pack is the liberal Greater Wisconsin Committee, which, beginning March 18th, has spent more than $575,000 on blistering attack ads targeting Justice Prosser.... [T]he conservative groups Wisconsin Club for Growth and Wisconsin Manufacturer & Commerce’s WMC Issues Mobilization Council, Inc. have also poured money into the race on pro-Prosser TV ads. Through Sunday, March 27th, the Club for Growth had spent approximately $415,000, and the WMC Issues Mobilization Council about $150,000. These numbers are expected to rise substantially in the final week before Election Day: According to the Brennan Center, 42 percent of all judicial election TV spending in 2010 occurred in the last week of the election season.Consider that in this race, the candidates both opted into a public financing scheme that capped them each at $300,000.
And Chicago Public Schools officials are investigating a teacher who apparently posted a photo on her Facebook page of a student who wore Jolly Rancher candies in her hair. The 7-year-old girl's mother complained to school officials after she saw negative comments written about her daughter's picture on the page.There's a big difference between writing in general about the discipline problems in your school and posting a photograph of an individual child. I don't think schools should cover up for their own discipline problems by attacking the livelihood of a teacher who dares to describe them in public.
Many of us supported this president because he promised to bring back the constitutional balance after the theories of Yoo, Delahunty, et al put the president on a par with emperors and kings in wartime. And yet in this Libya move, what difference is there between Bush and Obama? In some ways, Bush was more respectful of the Congress, waiting for a vote of support before launching us like an angry bird into the desert.
We are excluding exchanges that fall outside the realm of the faculty member's job responsibilities and that could be considered personal pursuant to Wisconsin Supreme Court case law. We are also excluding what we consider to be the private email exchanges among scholars that fall within the orbit of academic freedom and all that is entailed by it....
Scholars and scientists pursue knowledge by way of open intellectual exchange. Without a zone of privacy within which to conduct and protect their work, scholars would not be able to produce new knowledge or make life-enhancing discoveries....
When faculty members use email or any other medium to develop and share their thoughts with one another, they must be able to assume a right to the privacy of those exchanges, barring violations of state law or university policy....
This does not mean that scholars can be irresponsible in the use of state and university resources or the exercise of academic freedom. We have dutifully reviewed Professor Cronon's records for any legal or policy violations, such as improper uses of state or university resources for partisan political activity. There are none.
One ... incident took pace in October last year when a group of Delta Kappa Epsilon fraternity pledges were surrounded by brothers from the same fraternity who chanted: 'No means yes! Yes means anal' at them in an area where most female freshman live.
In another incident, in September 2009, the so-called 'pre-season scouting report' was issued via email in which a group of male students circulated a list of 53 female students ranking them in order of how many beers they would have to have before they slept with them....
And on January 2008, a group of pledges from the Zeta Psi fraternity surrounded the entrance to the Yale Women's Centre at midnight holding signs saying, 'We Love Yale Sluts'.
It is argued that this behaviour limited women's equal access to educational opportunities at the university and that there were 'inadequate responses' to the sexual misconduct.Yeah, "behaviour." It's the British press reporting this. The Daily Mail... where, by the way, the sidebar is sexually harassing me.
It’s impossible to know whether Wallace, had he finished the book, might have decided to pare away such passages, or whether he truly wanted to test the reader’s tolerance for tedium...What the reviewer, Michiko Kakutani, does not say is that, in addition to wondering whether this section would have been edited down or rewritten, the reader must wonder whether this is the expression — or the cause — of suicidal despair. Reading long tedious passages — deliberately tedious passages? — how can one escape from the nagging thought that the author himself escaped from this tedium?
The big clash in the novel pits old-school I.R.S. employees, “driven by self-righteousness,” against newer ones with a corporate desire “to maximize revenue.” We have to slog through stultifying technical talk about “the distinctions between §162 and §212(2) deductions related to rental properties,” and inside-baseball accounts of obscure battles within the I.R.S. hierarchy. There is even one chapter that consists of little but a series of I.R.S. workers turning page after page after page.
"Failure to [display the sign] will leave us no choice but (to) do a public boycott of your business," the letter says. "And sorry, neutral means 'no' to those who work for the largest employer in the area and are union members."Which side are you on? Cue Pete Seeger. Neutral means you on the boss's side. In the case of the public employees, that's... well, it's the taxpayers, isn't it? You'd better not not be on that side, you lousy scab.
The union-led effort is an outgrowth of a boycott campaign by the Wisconsin Professional Police Association and other unions in which M&I Bank and Kwik Trip were targeted because either the companies themselves or their executives supported Gov. Scott Walker's budget initiatives.The police? I can't get my head around the concept of police involvement in boycotting businesses. That reads like pure corruption. I can't believe it's being done openly. Can someone explain to me how you can even argue that it is acceptable for police to extort political support from citizens?
Jim Haney, the outgoing head of Wisconsin Manufacturers & Commerce, a pro-business lobby, said... "It's kind of like the old protection racket... If you have the right sticker, we won't break your knees.' This is beyond the pale to force a small-business person to choose when they want to stay neutral. But that isn't good enough."Meade and I talked to a several local business owners, after one protester threatened us and purported to "ban" us from various shops and restaurants in town. We wanted to know if we were still welcome, and everyone we spoke to wanted to be politically neutral.
In the letter, [Jim Parrett, a field representative of Council 24 for Southeast Wisconsin] writes: "It is unfortunate that you have chosen 'not' to support public workers rights in Wisconsin. In recent past weeks you have been offered a sign by a public employee who works in one of the state facilities in the Union Grove area. These signs simply said, 'This Business Supports Workers Rights,' a simple, subtle and we feel noncontroversial statement given the facts at this time."
Asked why he lost, Soglin said, "the enormous impact of (Dane County Executive) Kathleen Falk's endorsement and my opposition to IZ."
Inclusionary zoning, which made developers put lower cost housing in projects, had great appeal to the political left and was a central issue in 2003. Soglin, sensitive to concerns voiced by developers and landlords, predicted — in hindsight, correctly — it wouldn't work. He backed a voluntary program.
"Dave exploited it for all it was worth," Soglin said.
Much of the concern about possible damage centered on possible effects on the marble walls from residues left by tape used to hang protest signs. But most of those signs were hung with painter's tape, and so far few if any effects can be seen from it in the Capitol.I know, from personal observation, that a great deal of masking and duct tape was used. Some vigilant protesters were very active in spotting that tape and replacing it with the blue painter's tape so anyone looking around might think it's all painter's tape, but underneath that better tape was the damage done by the worse tape, and, moreover, even the painter's tape was damaging. The risk to that marble was real, and the high estimate of the restoration cost was understandable, even if it was exaggerated.
The bill would bar public employees from striking and would prohibit binding arbitration for police officers and firefighters. It would allow bargaining over wages, but not health coverage and pensions and would allow public-employee unions to bargain only when the public employer chose to do so....
The bill would allow public employees who are covered by union contracts but who choose not to belong to the union to opt out of paying union dues or fees. The bill would also bar any governmental unit in Ohio from deducting any part of a worker’s paycheck and giving it to the union for political activities unless the worker gave express permission....
Forces loyal to Col. Muammar el-Qaddafi advanced rapidly on Wednesday, seizing towns they ceded just days ago after intense allied airstrikes and hounding rebel fighters into a chaotic retreat....Did God not hear Thomas Friedman's prayer?!
There were few signs of the punishing airstrikes that reversed the loyalists’ first push.
I am proud of my president, really worried about him, and just praying that he’s lucky...
I hope Qaddafi’s regime collapses like a sand castle, that the Libyan opposition turns out to be decent and united and that they require just a bare minimum of international help to get on their feet. Then U.S. prestige will be enhanced and this humanitarian mission will have both saved lives and helped to lock another Arab state into the democratic camp.
Dear Lord, please make President Obama lucky.
When Tubbs met with protesters and other law enforcement leaders, including Dane County Sheriff Dave Mahoney, Madison Police Chief Noble Wray, and UW-Madison Police Chief Susan Riseling, the emphasis was on making sure demonstrations stayed peaceful and dialogue between police and demonstrators stayed open....
Throughout the protests, Tubbs said he focused on a goal of “zero arrests.” He even discouraged protesters from playing or singing music that could cause a “negative environment,” suggesting instead patriotic songs, spirituals such as “We Shall Overcome,” even Motown hits....
Things threatened to get ugly ... on March 9... But there was no violence and about 200 protesters were allowed to stay the night. The following morning, many left on their own. Others were carried out of the antechamber to the Assembly, where legislators were due to meet, amid chants of “Shame!”
“It was not a difficult decision,” Tubbs said. “We had to conduct government business.” Once again, there were no arrests....
[Justice Anthony] Kennedy said, “It’s hard for me to see…Your complaint faces in two directions. Number one, you said this is a culture where Arkansas knows, the headquarters knows, everything that’s going on. Then in the next breath, you say, well, now these supervisors have too much discretion. It seems to me there’s an inconsistency there, and I’m just not sure what the unlawful policy is.”I think plaintiffs are trying to say that if headquarters can see a pattern of women doing poorly under the decentralized discretion system, then keeping that system in place is a discriminatory policy. That absence of centralized control is the common issue that makes it an appropriate class action (rather than lot of individual cases that ought to be brought separately if at all).
[The female employees’ lawyer, Joseph M.] Sellers chose in reply to dwell on the breadth of the store managers’ discretion, saying “There’s no guidance whatsoever about how to make those decisions.” The discretion, he added, is then used within “a very strong corporate culture” that leads managers to be “informed by the values the company provides.” The response itself seemed contradictory: if there was “no guidance whatsoever,” how were the managers led to apply company “values”?
First, Google abandoned its original plan to digitize books in order to provide online searching.... Instead, Google chose to make its opponents its partners...
[Second]... a dubious opt-out clause....
Third, in setting terms for the digitization of orphan books—copyrighted works whose rights holders are not known—the settlement eliminated the possibility of competition.....
Fourth, rights held by authors and publishers located outside the United States...
Fifth, the settlement was an attempt to resolve a class action suit, but the plaintiffs did not adequately represent the class to which they belonged....
Sixth, in the course of administering its sales, both of individual books and of access to its data base by means of institutional subscriptions, Google might abuse readers’ privacy by accumulating information about their behavior....
Moments before a conference call with reporters was scheduled to get underway on Tuesday morning, Charles E. Schumer of New York, the No. 3 Democrat in the Senate, apparently unaware that many of the reporters were already on the line, began to instruct his fellow senators on how to talk to reporters about the contentious budget process.It's funny to hear it being done, but you already knew it was done. Will they be embarrassed into putting a little more effort into varying their language? I doubt it. They like to pick one label and stick it firmly on. It's pretty effective.
A conservative research group in Michigan has issued a far-reaching public records request to the labor studies departments at three public universities in the state, seeking any e-mails involving the Wisconsin labor turmoil. The group, the Mackinac Center for Public Policy, declined to explain why it was making the Freedom of Information Act request for material from professors at the University of Michigan, Michigan State and Wayne State University.... This records request, which was filed Friday, comes several days after the Republican Party of Wisconsin made a records request to a prominent University of Wisconsin history professor, William Cronon...I think there have been requests like this before, and I could point to one from a prominent liberal group in the recent past, but I will refrain. I am glad this issue is getting processed in the context of a conservative intruder on a liberal professor, because it will help build support for the position I favor: academic freedom for professors. Come on, all you liberals, commit to the academic freedom position. I want to rely on that in the future.
Greg Scholtz, the director of academic freedom for the American Association of University Professors, said: “We think all this will have a chilling effect on academic freedom. We’ve never seen FOIA requests used like this before.”
Dane County District Attorney Ismael Ozanne, a Democrat, filed a complaint this month to block the law. He contended that a committee of lawmakers violated the open meetings law when it approved the measure, which was a key step to advancing it to the GOP-controlled Assembly and Senate.... Dane County Circuit Judge Maryann Sumi on March 18 said Ozanne's case was likely to succeed and blocked Democratic Secretary of State Doug La Follette from publishing the law.Meade is in the courtroom — along with a big crowd of anti-Walkerites. I'm in touch via text and will update.
But on Friday, the nonpartisan Legislative Reference Bureau - which was not under the court order - published the law. The director of the reference bureau, Stephen Miller, said Friday that statutes required him to take that step, but that he does not believe the law takes effect until the secretary of state acts. Last week, the Department of Justice appealed Sumi's temporary restraining order. The appeals court panel said the state Supreme Court should take the case, but the high court hasn't ruled on whether it will take it. On Monday, the Department of Justice asked to withdraw its appeal, saying the law had now been published. It also asked Sumi to vacate the temporary restraining order, withdraw Tuesday's hearing and dismiss La Follette from the case.
Ozanne, meanwhile, asked Sumi to declare that the reference bureau's actions did not constitute publication of the law under the state constitution and that the bureau is subject to and had violated the restraining order. He further asked the judge to order the reference bureau to remove the act from the Legislature's website.... Arguments are scheduled for 8:30 a.m. Tuesday in Ozanne's case, on whether a preliminary injunction should be issued. But the dispute over publication of the law adds a new wrinkle that the judge could take up.
But minutes later, outside the court room, Assistant Attorney General Steven Means said the legislation "absolutely" is still in effect....
Sumi noted she has not yet found that lawmakers violated the open meetings law, but noted the Legislature could resolve the matter by passing the bill again. Andrew Welhouse, a spokesman for Senate Majority Leader Scott Fitzgerald (R-Juneau), said there are no plans to try to pass the bill again....
[T]he Department of Justice tried to halt the hearing in Sumi's court, saying the law is now in effect and legislators are immune from civil proceedings. But Sumi said the case must continue for now.
"I think the court has a duty to proceed at this point," she said.
It's $35 a month to read their website. Bob Herbert is quitting. Now, some enterprising hackers have found four lines of JavaScript to be able to beat the pay wall. The New York Times spent tens of millions of dollars establishing their pay wall, tens of millions of dollars to pay and keep people from busting it, and four lines of JavaScript have been written that totally bust the pay wall. But the poor don't even know what JavaScript is, so the poor will not even be able to read.Well, at least the young/cool people will be able to bypass the pay wall. Maybe that's what the NYT intended. They want their regular home-delivery subscribers to feel they're getting something special and forestall the abandonment of home delivery as people migrate to the internet. (That's what happened to me. I paid for home delivery from 1984 to about 2006, at which point, I noticed I'd been leaving the paper-paper folded up and unread, while I read and wrote on line.) I'm sure some on-line-only readers will pay to get through the wall, and the NYT will make some money from them. Maybe it's worth doing. But I suspect the Times — unless it's a complete idiot — has planned all along for people to work around the wall, because otherwise the drop-off in readership will be horrendous. I think they're hoping to rake in money from a subset of readers while providing free access for anyone who figures out how to get around it and isn't hyper-moral about such things.
"Can people go around the system? The answer is yes. There are going to be ways... Just as if you run down Sixth Avenue right now and you pass a newsstand and grab the paper and keep running you can actually get the Times free." Oh, so we're not savvy Web users, we're all thieves.Ha ha. The kind of people.... How ineffably snooty! Somebody tell Bob Herbert! People who are out of work. Those low-quality people! Note that he isn't saying the Times cares about poor people and intends to let them in free. It's saying losers like that don't want to read the NYT anyway. It's only the people who will pay who are wanted in the first place.
"Is it going to be done by the kind of people who value the quality of The New York Times reporting and opinion and analysis? No... I don't think so. It'll be mostly high-school kids and people who are out of work."
[The first session examines] the Dylan songs "The Lonesome Death of Hattie Carroll" and "Hurricane." "Hurricane" chronicles the true-life plight of boxer Rubin "Hurricane" Carter, who was found guilty of murdering three people in 1966. His conviction was overturned after Dylan's song was released because of faulty evidence. "The Lonesome Death of Hattie Carroll" is about the 1960s murder of a black barmaid in Baltimore at the hands of wealthy white man, who spent a mere six months in jail for the crime.I hope they take account of my parody "The Lonesome Death Of William Zanzinger."
[The second session] will primarily consist of academics and judges presenting papers on Dylan and the law. For example Skadden, Arps, Slate, Meagher & Flom partner David Zornow will present "Dylan's Judgment on Judges: Are Power, Greed and Corruptible Seed All That There Is?" University of Kentucky College of Law professor Alison Connelly will present "Dylan as the Complete Trial Lawyer: Using Hurricane Carter to Teach Trial Skills."...Hmmm. Seems like too much Hurricane Carter... and too much obviousness. Does Dylan belong in academia? He answered that question himself:
I put down my robe, picked up my diploma
Took hold of my sweetheart and away we did drive
Straight for the hills, the black hills of Dakota
Sure was glad to get out of there alive...
[N]ine days ago, after consulting the bipartisan leadership of Congress, I authorized military action to stop the killing and enforce UN Security Council Resolution 1973.So... the leadership. Who, exactly? Boehner and Reid?
In this effort, the United States has not acted alone....When did we act alone? Is he trying to make us misremember what Bush did?
Going forward, the lead in enforcing the No Fly Zone and protecting civilians on the ground will transition to our allies and partners, and I am fully confident that our coalition will keep the pressure on Gadhafi's remaining forces....How clean and breezy, compared to what Bush did to Saddam.
And while the United States will do our part to help, it will be a task for the international community, and — more importantly — a task for the Libyan people themselves....
We .. had the ability to stop Gadhafi's forces in their tracks without putting American troops on the ground....
Of course, there is no question that Libya — and the world — will be better off with Gadhafi out of power. I, along with many other world leaders, have embraced that goal, and will actively pursue it through non-military means. But broadening our military mission to include regime change would be a mistake....
If we tried to overthrow Gadhafi by force, our coalition would splinter. We would likely have to put U.S. troops on the ground, or risk killing many civilians from the air. The dangers faced by our men and women in uniform would be far greater. So would the costs, and our share of the responsibility for what comes next.The implicit comparison is to what Bush did in Iraq.
To be blunt, we went down that road in Iraq.Now, it's explicit.
We have intervened to stop a massacre... We will... work with other nations to hasten the day when Gadhafi leaves power. It may not happen overnight, as a badly weakened Gadhafi tries desperately to hang on to power. But it should be clear to those around Gadaffi, and to every Libyan, that history is not on his side. With the time and space that we have provided for the Libyan people, they will be able to determine their own destiny, and that is how it should be.Isn't that what the United States said to the Iraqi people after the Gulf War?
“She has driven his negatives up,” one source says. “It will be hard to drive hers up. Her lack of judicial experience should hurt her, but it also makes her harder to pin down. The question now is: Does the Right have enough resources to counter the Greater Wisconsin Committee’s millions? And even if they do, is it too late? It is going to be touch-and-go for these last few days.”...But if the election depends mostly on turnout, portraying it as a referendum on the governor is probably a better strategy than the usual grim focus on judicial aptitude and temperament. Who can be moved to go out and vote next Tuesday when it's just about a judgeship?
According to state-election figures, nonpartisan spring elections usually draw less than 20 percent of the electorate: 18 percent in 2009, 19 percent in 2008, 19 percent in 2007, and 12 percent in 2006. To win, GOP officials say Prosser will need to draw strong numbers from emerging conservative pockets in Waukesha, Washington, Ozaukee, and Racine counties. If voters from these areas don’t show, but liberals pile into voting booths in Dane County and Madison proper, Kloppenburg could cruise to victory.
“Look, this race is not a referendum on the governor or a specific piece of legislation,” Brian Nemoir says. “It has a much broader scope. supreme-court judges are elected to ten-year terms on purpose. Their elections are not intended to be snapshot responses to the current political environment.”
"Society can and does execute its own mandates: and if it issues wrong mandates instead of right, or any mandates at all in things with which it ought not to meddle, it practices a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself.”Penetrating much more deeply... enslaving the soul itself!
As someone who knows a thing or two about interpretation, I don’t need John Hawkins or Rick Moran to point out Ayers’ tone of sarcasm. What I’m interested in is the rather pointed tone of the sarcasm — it’s too deliberate, and the question seems too staged — and I’m suggesting that, while Ayers wants to joke it all away (to provide himself an out), he also very much wants credit. It’s who he is. It’s who they all are....
Unions and the left are far outspending pro-business interests and the right on recall ads. Democrats are wise to see more at stake than a single state Senate majority and a new political map that could unseat two freshmen Republican congressmen. They know this is the first battle of 2012 — their version of 2010's surprise election of Scott Brown, R-Mass., who won a blue-state U.S. Senate seat formerly held by Democrat Ted Kennedy....That's really important. But aging hippies did not trash the Wisconsin Capitol. There have been huge crowds at the Capitol in the last 6 weeks, and most of them weren't even trashing anything. The composition of the crowd has changed over time. It began with a lot of middle-aged state employees, notably teachers.
The Court stated clearly that the crucifix is a religious symbol, that atheism is a protected religious belief and that public schools must be religiously neutral. But the Court held that a "passive display" of a crucifix in a public school classroom was no violation of religious freedom — particularly when students of all faiths were welcome in public schools and free to wear their own religious symbols. The Court held further that Italy's policy of displaying only the crucifix was no violation of religious neutrality, but an acceptable reflection of its majoritarian Catholic culture....This is much more accommodating to government religious expression in public schools than U.S. constitutional law is, but Witte notes 6 similarities:
First, tradition counts in these cases....Rich detail on each of the six points, so go to the link. Witte has a definite point of view, as he shows by referring giving "a minority a heckler's veto." The actual U.S. Supreme Court cases express concern about children feeling like outsiders.
Second, religious symbols often have redeeming cultural value.
Third, local values deserve some deference...
Fourth, religious freedom does not require the secularization of society...
Fifth, religious freedom does not give a minority a heckler's veto over majoritarian policies....
Finally, religious symbolism cases are serious business...




Syrian President Bashar Al-Assad’s security forces clashed with protesters in several cities yesterday...Is this a doctrine?
Clinton said the elements that led to intervention in Libya -- international condemnation, an Arab League call for action, a United Nations Security Council resolution -- are “not going to happen” with Syria, in part because members of the U.S. Congress from both parties say they believe Assad is “a reformer.”
“What’s been happening there the last few weeks is deeply concerning, but there’s a difference between calling out aircraft and indiscriminately strafing and bombing your own cities... than police actions which, frankly, have exceeded the use of force that any of us would want to see.”




As the assaults piled up Charles [Koch] couldn’t help thinking of Schopenhauer’s “Art of Controversy.” The German philosopher had noted that people who can’t win an argument through reason attack their opponent’s motivation. “I thought I was cynical enough,” Charles said. “But that was pretty shocking, to see what we’re up against, or what the country’s up against: to have an element like this.”...
To Charles, the call for bigger government was egalitarianism run amok. Liberals, he thought, fetishized equality of condition at the expense of personal liberty. “They cannot stand that some people are better off than others,” Charles said. “I think part of it fits Mencken’s definition of a Puritan: someone that’s miserable because he knows that someone, somewhere, is enjoying himself. He cannot stand that. And I think they all slept through Economics 101.”