Law and Politics

Professor Brian Tamanaha suggests that perhaps constitutional law should not be taught in law schools and notes:

Students who learn that constitutional law is infused with politics (though it cannot be reduced to that) might wrongly come to think that all law is like that, an easy error to fall into because constitutional law has so much prominence and attention within the legal academy.

Well, they would not be wrong about the reams of dead trees, being fully imbued with politics, shipped from the loading docks of legislatures far and wide.

Law or Legislation?

Really, if it is complex, i.e., hard to understand and changes frequently does it really rise to the level of law?

Borrowers should determine if they live in a state with nonrecourse laws. In general, lenders in those states cannot pursue borrowers for money owed. But these laws are complex and change often, so consulting with a lawyer may be necessary, Mr. Geller said.

I think not.

Rather, it is mere legislation most likely enacted to fulfill someone’s rent seeking desires.

spitzer: More Do As I Say Not As I Do

eliot spitzer, governor of New York, likes to pretend that prostitution is naughty:

Mr. Spitzer gained national attention when he served as attorney general with his relentless pursuit of Wall Street wrongdoing. As attorney general, he also had prosecuted at least two prostitution rings as head of the state’s organized crime task force.
In one such case in 2004, Mr. Spitzer spoke with revulsion and anger after announcing the arrest of 16 people for operating a high-end prostitution ring out of Staten Island.
“This was a sophisticated and lucrative operation with a multitiered management structure,” Mr. Spitzer said at the time. “It was, however, nothing more than a prostitution ring.”

It seems, though, that dear eliot is a user:

Gov. Eliot Spitzer has been caught on a federal wiretap arranging to meet with a high-priced prostitute at a Washington hotel last month, according to a person briefed on the federal investigation.

Of course, innocent until proven guilty.

However, I suspect the court of family and public opinion have already made their rulings.

Pet Peeve: Littering Smokers

I’ll grant those who choose to smoke cigarettes their right to do so.
Just as long as they do not inflict their smoking on others.
To that end smokers who toss cigarette remains on the sidewalk, street or in the gutter are flipping the finger to the rest of us who should neither have to look at the mess nor pay towards cleaning it up.
Perhaps if enough folks speak up when they see this happening we can put an end to it!

BTW, smoking in a truly public place like a bus stop, walking down the sidewalk, in a park, etc., surely constitutes a form of assault if your smoke ends up in someone else’s nostrils.