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LATEST NEWS

Jonathan Gruber testifies before an unimpressed Congressional Oversight Committee...

Last week Prime Minister Benjamin Netanyahu started the process of dissolving his government coalition to bring about new elections in March of next year. One needn't be a particularly close observer of politics to know that President Barack Obama doesn't much like Netanyahu. Will Obama try to interfere with the Israeli election? Akiva Eldar, a left-wing columnist for Ha'aretz, argues in Al-Monitor that, yes, Obama should make it clear that he prefers any candidate to the incumbent.
Some of President Barack Obama’s advisers came to the conclusion that the time had come to remind the Israelis who is the boss. They encouraged the president to set a detailed outline for a permanent agreement between Israel and the Palestinians. They recommend that the process involve a fixed timetable for the establishment of a Palestinian state on the basis of the 1967 lines and the Arab Peace Initiative. According to the plan, a diet of “carrots” would be provided to the party that adopts the outline, and “sticks” would be the fate of the recalcitrant side. When the Israeli voter goes to the polling booth, he or she would know whether they vote for the carrot or the stick. The Palestinian leadership and public will also clearly envisage the end of the occupation, with the advantages that follow the end of it, vis-a-vis perpetuation of the conflict and the drawbacks involved. ...

You can take my vanity plates when you pry them from my cold dead fingers! Not exactly the most serious declaration we're ever published here, but it's relevant to the Supreme Court's latest free speech case, and could end up playing a role in a new standard governing content allowed on custom license plates. The Circuits are currently split on the issue of whether or not state governments can pick and choose between political messages requested for vanity plates; there's no consensus as to whether or not the message on the plate constitutes the speech of the driver, and is entitled to a higher level of protection. The Supreme Court has agreed to review Walker v. Texas Division, Sons of Confederate Veterans, Inc., and free speech advocates are hoping that the facts of this case can be applied to similar situations all across the country:
A panel of the U.S. Court of Appeals for the 5th Circuit said Texas officials were wrong to turn down a request from the Sons of Confederate Veterans. The requested plate would have featured the group’s logo: a Confederate battle flag framed on all four sides by the words “Sons of Confederate Veterans 1896.” After several votes, the board of the Texas Department of Motor Vehicles turned down the request because it found “a significant portion of the public associate the Confederate flag with organizations advocating expressions of hate directed toward people or groups that is demeaning to those people or groups.” A district court upheld the decision, but the appeals panel reversed it.

As we reported over the weekend, Lena Dunham's account of being sexually assaulted by a Republican student at Oberlin is the other collapsing campus rape story. New details are emerging which cast a longer shadow of doubt over Dunham's claims. According to a new report from Paul Bond of the Hollywood Reporter, Dunham's publisher is going to alter the language in her book:
Publisher to Alter Lena Dunham Book After Rape Story Questioned, Attorney Says The publisher of Lena Dunham's book, Not That Kind of Girl, will tweak a passage where the star and creator of the Girls TV show describes how she was raped in college by a Republican named "Barry," an attorney for the man told The Hollywood Reporter on Monday. Attorney Aaron Minc said he has been in contact with Dunham's lawyers at Ziffren Brittenham in Los Angeles who assure him that future printings of the book, subtitled "A young woman tells you what she's 'learned,' " will come with a disclaimer that "Barry" is not the real name of the man who raped Dunham when the two were students at Oberlin College a decade ago.
In an even more explosive development, Random House has offered to pay the legal fees for the accused man known only as "Barry One."

Rasmieh (Rasmea) Odeh, the terrorist convicted in Israel of a supermarket bombing that killed two students, was convicted in federal court in Detroit on November 10, 2014, of immigration fraud for lying on her visa and naturalization applications. For details on why Odeh was guilty as charged in Israel and Detroit, see my post Rasmea Odeh rightly convicted of Israeli supermarket bombing and U.S. immigration fraud . She faces 10 years in prison, but likely will receive a much lower sentence. After conviction, the Judge revoked Odeh's bond since she was a flight risk. After a motion for reconsideration, the Judge this afternoon granted her $50,000 cash bond, finding she was not a likely flight risk, but did have problems with honesty. The full Order is below. The Order reads, in part:
.... Defendant stands convicted of a crime that will result in not only a certain sentence, but also certain removal from the United States upon completion of that sentence. At her trial, Douglas Pierce, Section Chief for the United States Citizenship and Immigration Service in the Detroit office, testified that Defendant’s conviction in Israel, if it had been honestly disclosed, would have rendered her inadmissible for entry into the United States. Her conviction in Israel would have demonstrated a lack of good moral character that is required for eligibility to immigrate.

The Military Times released what will be the first installment of several on the state of our military. Presidential indecision over whether to deploy to or withdraw from Iraq and Afghanistan has fostered an aura of uncertainty. An entire federal agency devoted to our veterans embroiled in scandal and negligence certainly doesn't send the signal that Washington cares about the fate of the brave. Morale is dwindling and unsurprisingly so:
Today, however, that gratitude seems to be dwindling. The services have weathered several years of deep cuts in funding and tens of thousands of troops have been unceremoniously given the boot. Many still in uniform and seeking to retire from the military fear the same fate, as those cuts are not yet complete. A Military Times survey of 2,300 active-duty troops found morale indicators on the decline in nearly every aspect of military life. Troops report significantly lower overall job satisfaction, diminished respect for their superiors, and a declining interest in re-enlistment now compared to just five years ago. Today's service members say they feel underpaid, under-equipped and under-appreciated, the survey data show. After 13 years of war, the all-volunteer military is entering an era fraught with uncertainty and a growing sense that the force has been left adrift. One trend to emerge from the annual Military Times survey is "that the mission mattered more to the military than to the civilian," said Peter Feaver, a political science professor at Duke University who studies the military. "For the civilian world, it might have been easier to psychologically move on and say, 'Well, we are cutting our losses.' But the military feels very differently. Those losses have names and faces attached to [them]."
Look at how dramatically morale has shifted in the last five years:

The slacktivists at Columbia Law School have found a new way to exploit the deaths of Michael Brown and Eric Garner to the very convenient benefit of race card hustlers everywhere--- they're canceling finals. That's right. One of the finest law schools in the country is allowing the collective #outrage of its flock of immature, untested baby lawyers to completely derail the academic integrity of its exam system. Via Power Line Blog:
The grand juries’ determinations to return non-indictments in the Michael Brown and Eric Garner cases have shaken the faith of some in the integrity of the grand jury system and in the law more generally. For some law students, particularly, though not only, students of color, this chain of events is all the more profound as it threatens to undermine a sense that the law is a fundamental pillar of society designed to protect fairness, due process and equality. ... The law school has a policy and set of procedures for students who experience trauma during exam period. In accordance with these procedures and policy, students who feel that their performance on examinations will be sufficiently impaired due to the effects of these recent events may petition Dean Alice Rigas to have an examination rescheduled.
They're also providing counseling and developing a speaker series to encourage open dialogue. I'm not quite sure what the powers that be at Columbia are smoking, but whatever it is, it has made them forget what it actually takes to be a lawyer. I'm not sure how many of you reading this have ever gone through law school, but part of the educational process is reading things that some may find upsetting. My first internship involved criminal appeals in a Detroit court, and all I'll say is that I saw things. Upsetting things. Things that make you angry. But I did the work and learned from it because that's part of the job.

Sometimes, the internet's lack of self-awareness is so stunning that attention must be paid. This is one of those times. College Humor's latest video, "How America is Like a Bad Boyfriend," affords us one of those rare opportunities to spend three minutes of our lives watching a video, then turn to the person sitting next to us and admit, "so...what, then?" Just watch the stupid thing so we can discuss it. Via Truth Revolt (NSFW---plug in the headphones):

Last week, the 11th Circuit Court of Appeals struck down as unconstitutional a Florida law requiring suspicionless drug testing of all applicants seeking Temporary Assistance for Needy Families (TANF) benefits. Luis Lebron (with the help of the ACLU) sued the State of Florida after he was denied public assistance after failing to fulfill the drug test requirement. He argued that the statute operated in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, and asked the court to permanently enjoin enforcement. The court agreed with his argument in a decision that has torpedoed Florida's drug testing requirement:
On this record, the State has failed to meet its burden of establishing a substantial special need to drug test all TANF applicants without any suspicion. Even viewing the facts in the light most favorable to the nonmoving party, the State has not demonstrated a more prevalent, unique, or different drug problem among TANF applicants than in the general population. The ordinary government interests claimed in this case are nothing like the narrow category of special needs that justify blanket drug testing of railroad workers, certain federal Customs employees involved in drug interdiction or who carry firearms, or students who participate in extracurricular activities because those programs involve “surpassing safety interests,” Skinner v. Railway Labor Execs. Ass’n, 489 U.S. 602, 634 (1989), or “close supervision of school children,” Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 655 (1995) (quoting New Jersey v. T.L.O., 469 U.S. 325, 339 (1985)).
Attorneys for the state had previously argued that the inclusion of a consent requirement for all drug testing should help the policy pass constitutional muster. The court was not convinced:

Yes, I agree that #BlackLivesMatter. So do all other lives, including the lives of police (of all races) who keep us from the abyss. Remember Officer David Smith never lived to tell about enraged perp who stole his service gun. Someone started a hashtag, #PoliceLivesMatter. Seems worth retweeting some of these tweets, don't ya think?

Professor Jacobson may be taking a much needed sanity break from the Saturday Night Card game, but the social justice warriors continue to draw from the bottom of the deck. The most shocking aspect of one of the race-based demonstrations that occurred Saturday: It was in the heart of one of the most elite, "culturally sensitive" centers of the country -- Hollywood.
Hundreds of people taking part in a nationwide protest against police brutality staged a die-in Saturday in the same busy Hollywood intersection where a man allegedly armed with a knife was shot and killed by Los Angeles police officers the previous night. As they marched through the streets of Hollywood during the afternoon hours, demonstrators chanted “Hands up, don’t shoot” and “I can’t breathe,” refrains heard around the nation in protest following the fatal shooting of Michael Brown in Ferguson, Missouri and the choke hold death of Eric Garner in New York. Both men died at the hands of police. Protesters also staged a “die-in” at the intersection of Hollywood Boulevard and North Highland Avenue, where less than 24 hours earlier, police fatally shot a man after law enforcement officials said he did not comply with officer orders. The demonstrators blocked traffic in the area and essentially shut the busy intersection down for a time.
A photo spread via Twitter will give you a sense of the scene. LI #34b

Last week, Prime Minister Benjamin Netanyahu fired his finance minister (Yair Lapid of Yesh Atid) and justice minister (Tzippi Livni of Hatnua), both coalition partners, effectively bringing down the current government and forcing new elections now scheduled for March 17. The latest polls suggest that Netanyahu would be able to form the next coaltion.
According to a Channel 10 poll, Likud would win 22 seats, Jewish Home 17, Labor 13, Yisrael Beytenu 12, Moshe Kahlon’s as-yet-unnamed party 12, Yesh Atid nine, the ultra-Orthodox United Torah Judaism eight, Shas seven, Meretz seven, Hatnua four and the Arab parties nine. A survey by Channel 2 showed Likud with 22, Jewish Home 17, Labor 13, Kahlon and Yisrael Beytenu with 10 apiece, Yesh Atid with nine, Shas with nine, United Torah Judaism with eight, Meretz with seven, Hatnua with four, and the Arab parties with 11. Both polls would have made pleasant reading for Likud leader Netanyahu, showing a strengthening of the right, and numerous potential coalition options for him.
However, a lot can happen in four months. For example two years ago, Likud created a joint list with Yisrael Beiteinu (Avigdor Liberman's party) and then the combined list lost ten seats in popularity polls in the final month of the campaign.