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December 2014

Posted by Amy Miller on December 29, 2014 6 Comments
Over the past year, we've provided extensive coverage of the controversy surrounding the death of Michael Brown, the grand jury's decision to not indict Darren Wilson, and the ensuing fallout, riots, and protests that wracked cities all across America. What started out as a local controversy turned into a national discussion, which subsequently morphed into a national protest and social media movement that endures even as 2014 comes to a close. It's official: "#Ferguson" was the most tweeted news story of 2014. Via Mediaite:
Digital research firm Echelon Insights has put together an infographic that charts the year in news as seen through 185 million Twitter mentions. And between the initial protests that followed Brown’s death and the grand jury decision months later that cleared Officer Wilson of any charges, #Ferguson was far and away the most talked-about event of the year: Screen-Shot-2014-12-29-at-11.42.28-AM-650x267 Midterm Election Day created the second-biggest spike, followed by the State of the Union and the Donald Sterling L.A. Clippers controversy. The firm also broke down Twitter mention by political leaning and found that while conservatives had more to say about Benghazi, guns, Iraq and Ebola, liberals were more likely to talk about Chris Christie, Obamacare, Ferguson/Eric Garner and the midterm elections. But regardless of political persuasion, the most-talked about politician for both sides, by far, was President Barack Obama.

Posted by Amy Miller on December 29, 2014 23 Comments
"The faces of the Republican Party's most ambitious members are changing," says the latest MSM mini-mashup of the GOP's 2016 presidential hopes. In the same breath, after describing Republicans' sweep of the midterms, comes the inevitable chaser: The GOP's success may be misleading, however. I've watched the Republican machine during the past two presidential election cycles, and based on those observations, I'm not going to hold that one against the AP. One of our greatest talents as professional conservative politicians is snatching defeat from the jaws of victory---and we have enough second place trophies to prove it. For more than a few reasons, though, 2016 could be different. More from AP's Big Story:
Long criticized as the party of old white men, the GOP's next class of presidential contenders may include two Hispanic senators, an Indian-American governor, a female business leader and an African-American neurosurgeon. In a group that could exceed a dozen Republican White House prospects, all but a few are in their 40s or 50s, while one of the oldest white men is a fluent Spanish speaker whose wife is a native Mexican. The diverse group is a point of pride for those Republicans who have long pushed for a welcoming "big tent" party. "This is a diverse nation, and we need to be a diverse party," said Carly Fiorina, the former Hewlett-Packard chief executive and only Republican woman openly weighing a 2016 bid. "That doesn't mean we sacrifice our principles, but it means we need to look like and understand and empathize with the nation." Republican strategists hope that a more diverse slate of candidates will help appeal to a growing minority population that has given Democrats a decided advantage in the last two presidential contests.
I love the fact that we have candidates willing to get out there and use the "D-word." And by "D" I mean "diversity," which is going to be the magic word in 2016 not only as we discuss issues of race, gender, and economic status, but as we build strategies to reach and corner the market on blocs of voters who have never supported Republicans until now.

Posted by Kemberlee Kaye on December 29, 2014 33 Comments
Kids these days. Students who neglected their studies to protest the Michael Brown grand jury decision were disappointed when their appeal to the administration for special accommodations during finals was rejected. According to Fox News Cleveland:
Over 1,300 Oberlin students signed a petition for college administrators asking for understanding and “alternative modes of learning” as they continue to cope with what’s happening across the country. They asked for the normal grading system to be “replaced with a no-fail mercy period,” and said “basically no student …especially students of color should be failing a class this semester.” In response, Oberlin President Marvin Krislov said that he understands their concerns and that he and the Academic Deans took the request seriously, however “we are in firm agreement that suspending grading protocols is not the way to achieve our shared goal of ensuring that students have every opportunity and resource to succeed,” he said in a statement. Administrators did offer students some assistance in the form of counseling and other support services. They also added increased flexibility in terms of students making “incomplete requests.” They also extended the deadline for students to change from “a grade to the pass/no pass” option.

Posted by Mike LaChance on December 29, 2014 29 Comments
While most Americans were enjoying Christmas Eve, the United Nations Arms Trade Treaty went into effect. On the surface, the treaty is supposed to help regulate international arms trade but Awr Hawkins of Breitbart reports that there's more than meets the eye (emphasis is mine):
Gun Control Groups Cheer as UN Arms Trade Treaty Takes Effect Gun control groups cheered as the UN Arms Trade Treaty went into effect on Christmas Eve. Although the treaty’s ubiquitous aim is regulation of the export and import of small arms for signatories, Breitbart News has previously reported the treaty poses international gun control and, to be enforceable, will require the creation of an international gun registry. According to Reuters, Control Arms’ Anna Macdonald praised the treaty, saying, “Campaigners have been pushing for this moment for a decade.” She said the treaty could usher in the “dawn of a new era” if “robustly implemented.” She also indicated the UN treaty subjugates arms trade to “international law.”
Although the Obama administration has signed on to the treaty, Hawkins reports that Republican Senator James Inhofe prevented the senate from ratifying it. Liberal news outlet The New Republic describes the treaty as 'most reasonable' but controversy has followed the plan for over a year.

Posted by Amy Miller on December 29, 2014 0 Comments
The search for Air Asia Flight 8501 continues, but officials close to the investigation have already come forward with fears that the plane is likely "at the bottom of the sea." Crews began the search for the plane, which disappeared over the Java Sea Sunday morning, by combing the heavily-trafficked route over the shallow waters between Surabaya, Indonesia and Singapore, in hopes of finding some evidence of an emergency landing. When no immediately identifiable evidence of the plane was found during the initial search, officials decided to expand their grid to include land areas. Experts participating in the investigation, however, are convinced that the plane crashed into the sea after encountering a violent storm system. Fox News explains:
Broad aerial surveys Monday spotted two oily patches and objects in separate locations. Indonesia's air force says oil samples from the Java Sea will be collected and analyzed to see if they're connected to the missing jetliner. Jakarta's Air Force base commander Rear Marshal Dwi Putranto told the Associated Press that he was informed Monday that an Orion aircraft had detected "suspicious" objects near Nangka island, about 100 miles southwest of Pangkalan Bun, near central Kalimantan, or 700 miles from the location where the plane lost contact with air traffic controllers early Sunday. An Australian plane also spotted a "suspicious" object in the Java Sea, about 700 miles from where the AirAsia plane lost contact "However, we cannot be sure whether it is part of the missing AirAsia plane," Putranto cautioned, "We are now moving in that direction, which is in cloudy conditions."
Air Asia CEO Tony Fernandes has spent these last few days putting on a brave face for staff and the families of those on board Flight 8501.

Posted by William A. Jacobson on December 29, 2014 57 Comments
For months, nay years, I have been predicting that the promise of quality healthcare for the poor via rapidly expanded Medicaid enrollments was a house of cards, a fraud, a three-card monte game, a sham, a man-made disaster, a Gruberesque fake meant to deceive the "stupid" people into believing that the promise of Obamacare was real instead of styrofoam faux-Greek columns basking in the neon light of Hollywood-driven love and media sycophancy. For many reasons, but mostly because doctors would not work for peanuts, they would revolt like the kulaks and choose not to work rather than see the fruits of their labors handed out for free or close to free: And now, for "BREAKING" news, As Medicaid Rolls Swell, Cuts in Payments to Doctors Threaten Access to Care (via Instapundit):
Just as millions of people are gaining insurance through Medicaid, the program is poised to make deep cuts in payments to many doctors, prompting some physicians and consumer advocates to warn that the reductions could make it more difficult for Medicaid patients to obtain care. The Affordable Care Act provided a big increase in Medicaid payments for primary care in 2013 and 2014. But the increase expires on Thursday — just weeks after the Obama administration told the Supreme Court that doctors and other providers had no legal right to challenge the adequacy of payments they received from Medicaid. The impact will vary by state, but a study by the Urban Institute, a nonpartisan research organization, estimates that doctors who have been receiving the enhanced payments will see their fees for primary care cut by 43 percent, on average.

Posted by William A. Jacobson on December 29, 2014 16 Comments
Ignore the polls showing Hillary up by 50%+ over potential Democratic rivals. Elizabeth Warren "is not" running. Everyone knows (or assumes) Hillary is. The second Warren declares she's seeking the nomination, if she declares, the polls will narrow. The second Warren goes after Hillary as the crony-capitalist, contrived-candidate that she is, the polls would narrow. Defeating the Clinton machine would not be easy or quick, but I stand by my view that if Warren were to run, she would end up crushing Hillary. The massive lead would narrow and then evaporate, just like it did with Obama. But it would end there. As part of my effort to spread the word, I have a column today at The Boston Herald, Will Elizabeth Warren sell ‘outside the bubble’?. Boston Herald Will Elizabeth Warren Sell Outside the Bubble Here is an excerpt, head over to The Herald for the full story:

Posted by Leslie Eastman on December 29, 2014 7 Comments
I thought it would be an excellent time as I recover from my bout with the flu to check in on the state of my state...and it looks like the diagnosis is poor---especially if you own a small business in California, as a leading health insurance provider is hiking rates:
Health insurance giant Aetna Inc. is imposing excessive rate hikes on more than 5,000 small employers, according to California's insurance commissioner. Commissioner Dave Jones lashed out Thursday at the third-largest U.S. health insurer for raising premiums as much as 20% on some small businesses starting Jan. 1. The average increase of 10.7% will cost small employers and their workers $23.5 million in excessive premiums, according to the state. ...Aetna said its rate increase was justified based on the expected medical costs for employers. The Hartford, Conn., insurer rejected the state's request for a lower increase. The state said a 2.6% increase was more appropriate for this group of 64,000 employees and dependents.
While the finger is being pointed at the "evil insurance company", an analysis by Cal Watchdog's James Poulos shows that Obamacare (i.e., Affordable Care Act) is most likely the root cause.
...From a bird’s-eye view, however, some analysts have pointed out that Aetna’s rate increases are a rational result of the market distortions created by the ACA’s regulatory framework. As Scott Gottlieb argued at Forbes, “Obamacare was designed with the goal of commoditizing health insurance. The belief was that competition between plans would turn largely on premiums and cost sharing. This was seen as a way to hold down prices.” What happened instead, Gottlieb explained, was that pushing down on competition in the areas of networks and care delivery discouraged competition between “different benefit packages and plan designs.” In other words, the big, established coverage providers discovered they could create many variations on very similar benefit packages. In a free market for health care, different plans would differ in their benefit packages as well — giving small business owners, for instance, greater options around not just scope of coverage but cost of coverage. Instead, the ACA has dramatically narrowed their available coverage, leaving business owners with little alternative to Aetna’s hiked rates.

Posted by Mike LaChance on December 29, 2014 8 Comments
I don't watch CNN anymore, but I'm very familiar with Don Lemon from all the times he's appeared on conservative news sites seeking to correct something he said. According to The Hollywood Reporter, lots of people have noticed Lemon's work:
CNN's Don Lemon Named to 'Worst Journalism of 2014' List Don Lemon has picked up a dubious honor: ranking in a Columbia Journalism Review fellow's list of the "worst journalism" of 2014. The anchor has made headlines throughout the year for controversial moments during his tenure as a CNN newsroom anchor. In a post written by David Uberti, the CJR fellow makes a case for why Lemon deserves to be ranked along with other missteps in journalism over the past year. "As one of the most recognizable anchors on CNN, Don Lemon has helped lead the cable network’s coverage of the biggest stories of the year. Live television is exceedingly difficult to produce, of course, but Lemon’s gaffes this year offer a case study in how to choose words wisely — or not," Uberti wrote.
The fine folks at Twitchy think they may have uncovered the reason for Lemon's new distinction:
Don Lemon’s report on black holes and missing plane help him win ‘Worst of 2014′ award CNN anchor Don Lemon has taken his share of hate on Twitter: a former Miss Teen USA called Lemon a “modern day house negro,” hip-hop mogul Russell Simmons labeled him “a dangerous talking head” and MSNBC’s Goldie Taylor accused him of being a “turn coat mofo.” And those are just the racial attacks; there’s also the matter of Lemon’s skills as a journalist.

Posted by Amy Miller on December 29, 2014 7 Comments
Yesterday, the International Security Assistance Force was folded away into history as the combat mission in Afghanistan officially came to an end. After more than 13 years, the day-to-day combat operations have now been handed over to Afghan security forces. The new international mission, dubbed "Resolute Support," will provide training and support for Afghanistan's military, and require the continued service of 11,000 American troops; considering the total force caps off at 13,500, the American contribution will not be insignificant. In addition to providing more training, American forces are also authorized to assist in counterterrorism operations, which means that we'll be providing air and ground support to Afghan troops for at least the next two years. President Obama took a break from his vacation to send along a congratulatory statement to the coalition forces in Afghanistan, saying that, "[w]e are safer, and our nation is more secure, because of their service." But many in Afghanistan worry about what the change in mission will do to the already tenuous control Afghan troops hold over the country's security:
Afghans have mixed feelings about the drawdown of foreign troops. With the deteriorating security situation, many believe the troops are needed to back up the Afghan effort to bring peace after more than three decades of continual war. "At least in the past 13 years we have seen improvements in our way of life — freedom of speech, democracy, the people generally better off financially," said 42-year-old shop keeper Gul Mohammad. But the soldiers are still needed "at least until our own forces are strong enough, while our economy strengthens, while our leaders try to form a government," he said. NATO Secretary General Jens Stoltenberg has said that Afghanistan's 350,000-member security forces are ready to take on the insurgency alone, despite complaints by officials that they lack the necessary assets, such as air support, medical evacuation systems and intelligence. On Sunday, he said that ISAF's mandate was "carried out at great cost but with great success."

Posted by Kemberlee Kaye on December 28, 2014 19 Comments
Sextremist (evidently, this is a thing), Iana Zhdanova kidnapped baby Jesus from the nativity scene in St. Peter's Square in Vatican City Thursday. Zhdanova had "God is a woman" scribbled on her naked torso as she accosted the infant and attempted to flee. Vatican police intervened, returned baby Jesus to His manger, and then covered and arrested Zhdanova. RT captured the whole ordeal: Zhdanova is a FEMEN activist. According to FEMEN's website, the sextremist act was premeditated and part of a larger plan to "hunt for Bethlehem babies":

Posted by Mike LaChance on December 28, 2014 19 Comments
This video has been making the rounds on Reddit and stacking up tons of positive comments. The narrator takes you through Russian history explaining how geography helped define the nation politically. Zach Noble of The Blaze provides a description:
‘Russia in a Nutshell’: Learn the Real Reasons Why Russia Is So Big — And So Brutal Geography determines destiny — so goes the historian’s saying. Does Russia’s geography explain the nation’s history of bloodshed, overbearing government, secret police and poverty — and does it explain why Vladimir Putin is such a bellicose president? In a video published on YouTube earlier this year, geopolitical guru Caspian Report took a look at Russia’s history and geography and made the essential connections: Occupying a vast, flat land without significant mountains or seas to serve as natural barriers, the Russian people were forced to become brutal and bureaucratic in order to survive. After throwing off Mongol and Tatar domination in the first half of the last millennium, Russia’s rulers found themselves in a “conquer or be conquered” situation, Caspian Report noted. Seeking security, Russia’s czars led their people on a massive quest to expand, taking over lands to the south, west and especially east. They could not keep invaders from attacking, but by taking over huge swathes of territory, Russia’s rulers could ensure that Russia always had a “backup plan” to fall back on — and that plan proved invaluable when Napoleon and Hitler came rampaging through.
Anyone with an interest in history will find this entertaining and informative: The message in the video may explain some recent developments in Russia.

Posted by Amy Miller on December 28, 2014 17 Comments
162 people have disappeared along with their plane somewhere over Indonesia, and no one knows what happened. Air Asia Flight 8501 disappeared last night as it approached stormy weather over the Java Sea. At 6:24 p.m. Eastern Standard Time, the plane lost contact with air traffic control, and hasn't been heard from since. According to NPR, the flight crew had requested a change in flight plan after encountering increasingly violent weather, and fell off the grid soon after. Indonesian officials have released what details they know about the plane's flight path and location, and Air Asia seems to be doing what it can to remain as transparent about the situation as possible.
AirAsia said in a statement that the plane has six Indonesian crew, a French crew member and 155 passengers, including 16 children and one infant. Among the passengers are three South Koreans, a Singaporean, a Malaysian and a Briton. The rest are Indonesians, the statement said. [Djoko Murjatmodjo, Indonesia's acting director general of transportation] said the plane is believed to have gone missing somewhere over the Java Sea between Tanjung Pandan on Belitung Island and Pontianak, on Indonesia's part of Borneo island. Contact was lost about 42 minutes after takeoff from Surabaya airport, authorities said. At Surabaya's Juanda International Airport, dozens of relatives sat in a room, many talking on mobile phones, crying and looking dazed as the hours dragged on without additional news. As word spread, more and more family members arrived at the crisis center to await word.
Of course, theorists and "experts" have come out of the woodwork in an attempt to explain what happened:

Posted by David Gerstman on December 28, 2014 10 Comments
A new Hamas "How To" video is going viral in Palestinian social media circles. It isn't how to rebuild buildings. Or how to make peace with Israel. It's how to stab Jews. How do it properly and inflict maximum damage on the victim and increase the likelihood of killing him or her. The Jewish Press reports:
The “resisters of occupation in the occupied West Bank and Jerusalem” are spreading on Arab social media a frightening video demonstrating tactics on how to stab a Jew to death quickly and efficiently. The 1-minute and 13-second video, as seen below, shows the “teacher” calmly walking up to a “victim,” stabbing him, and walking away. One of the tactics appears to imitate the Islamic State of Iraq and Syria (ISIS) method of beheading. The guide to killing Jews teaches that after stabbing the victim, the knife should be twisted to maximize wounds and cause death.

Posted by Amy Miller on December 28, 2014 20 Comments
Should teaching the law of sexual assault and rape be banned from law school classrooms because it could be a "triggering" event for some students? Apparently, there is a movement to do just such a thing. Earlier this month, Harvard Law professor Jeannie Suk wrote a wonderful article at the New Yorker discussing the risks of sheltering law students from the study of laws governing rape and sexual assault cases. In the article, she takes academia to task over its oft-cowardly approach to professor--student classroom relationships, and points out that current "culture signals" demanding less discussion of potentially "triggering" topics are actually harmful for the future of prosecuting sexual assault. In part:
Now more than ever, it is critical that law students develop the ability to engage productively and analytically in conversations about sexual assault. Instead, though, many students and teachers appear to be absorbing a cultural signal that real and challenging discussion of sexual misconduct is too risky to undertake—and that the risk is of a traumatic injury analogous to sexual assault itself. This is, to say the least, a perverse and unintended side effect of the intense public attention given to sexual violence in recent years. If the topic of sexual assault were to leave the law-school classroom, it would be a tremendous loss—above all to victims of sexual assault.
Because we can't have nice things in academia anymore, we have, of course, a response. Margaret Drew is a law professor at the University of Massachusetts, and she thinks that Jeannie Suk's article "misses the point":

Posted by William A. Jacobson on December 28, 2014 15 Comments

Wherever there is....

Posted by Leslie Eastman on December 27, 2014 2 Comments
As we wrap-up another eventful year, I wanted to share some favorite posts featuring the many diverse areas I cover as part of Professor Jacobson's wonderful team of authors.

Infectious Diseases: “Health and Safety Moms” Could Swing 2014 Elections

I was nothing if not optimistic about the election results this November, but the combination of the government's response to the Ebola epidemic combined with its ignoring a virus spreading among school children that looks as if it can cause paralysis angered mom's across the country.  The final results, especially with the US Senate, were even better than I had hoped.

Tea Party: Did Carl DeMaio have any choice but to run from Tea Party label in #CA52?

After losing to "filthy" Bob Filner in the San Diego mayor's race of 2012, Republican Carl DeMaio ran against a Democrat Scott Peters for the 52nd District house seat -- and lost.  It could be argued that DeMaio's distancing himself from grassroots conservatives cost him this close election.  However, it shows Tea Party activists still have some chops -- even after we have been declared "dead" on several different occasions.  Underestimate  us at your own peril, especially if you intend to run as a "conservative".

India: The Indian economy is shaking like a Bollywood dancer

India has the potential to be a real world power and a great regional counter-balance to China.  Perhaps the biggest story from that country in 2014 was the election of  Prime Minister Narendra Modi, who had  a pro-capitalism and  pro-Israel platform.  His appearance at a packed Madison Square Garden event in New York City was met with great enthusiasm -- the kind President Obama can now only dream of.
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