World

Natalie Randolph, Female Football Coach, Celebrated In DC

WASHINGTON — The football players at Calvin Coolidge Senior High School, Mayor Adrian Fenty and a room full of cheering staff needed only one word to describe her: coach.

Natalie Randolph, a 29-year-old biology and environmental science…

Legal

FantasySCOTUS.net: Testing the Accuracy of the League

The Tenth Justice Fantasy SCOTUS League.jpgEd. note: ATL has teamed up with the 10th Justice to predict how the Supreme Court may decide upcoming cases. CNN has called FantasySCOTUS the “hottest new fantasy-league game.”

In order to assess the accuracy of our league, we will revisit five recent opinions, and compare the predicted outcomes with the actual outcomes. We have selected cases that did not necessarily fall along ideological lines to test the capability of our league to detect nuance in judgments. In this week’s 10th Justice, we will take a look at Hemi Group, Briscoe, Powell, Hertz Corp, and Shatzer, all of which were decided at the end of January and February. We also consider how cheating impacted the results.

For each case, we have recorded our outcome statistics and SMRs (standard majority ratio). The SMR provides a method to test whether or not users perceive the Court as dominated by conservative ideology.

In Hemi Group v. City of New York, the Supreme Court reversed the 2nd Circuit’s decision that the non-payment of taxes was an injury flowing from a third party’s actions for the purpose of the RICO Act. Overall, only 39% of total predictions found that the Supreme Court would reverse, and the confidence interval was 10.25% (at the 95% level), indicating that the results were a decently accurate representation of predictions about the case (and their general incorrectness). As for the specific split, 18 users guessed that the outcome would have less than 9 Justices voting. These members were astute, as Sotomayor recusing herself from an opinion involving the Second Circuit should have been expected. But only half of those predictions, 10% of total predictions, were reverse predictions. No member correctly predicted the votes of each Justice. The SMRs indicate that most predictions were counting on liberal Justices joining the majority, since Stevens, Ginsburg, and Breyer all have SMRs above one at a statistically significant level. Of course, this could also be representative of a complex case or issue, as Kennedy was in the minority for this case. This fact would also explain how the majority of predictions got the general outcome wrong.

In Briscoe v. Virginia, the Supreme Court reversed the Virginia Supreme Court’s. The Court held that a Defendant does not waive his 6th Amendment rights to the confrontation of forensic analysts who prepared forensic evident used in court by failing to call them as witnesses. 63% of predictions correctly guessed that the Supreme Court would reverse. The results were statistically significant at a 99% confidence level, with a confidence interval of 11.86. For the specific split, only 3 users, 4.6% of total predictions, predicted a unanimous outcome. These members probably correctly assumed a per curiam reversal would be issued in light of Melendez-Diaz v. Massachusetts. The SMRs further support this conclusion since the “liberal minority” all had SMRs above 1 at a statistically significant level. Sotomayor’s SMR of 2.17 indicated that she was highly likely to join in a majority decisions, and Ginsburg’s SMR of 1.71 was also a solid indicator. Overall, it is interesting to note that while predictions produced a statistically sound correct outcome, a smaller proportion of users predicted the correct split than in Hemi.

In Florida v. Powell, the Court reversed a Florida Supreme Court decision that held that informing a defendant that they had a right to “talk to an attorney” was insufficient to inform them they had a right to have counsel present. Overall, 51% of members predicted that the Court would reverse, but with such a tight margin, the results were not statistically significant. Only three users, approximately 2% of total predictions, predicted the correct split, while only one user predicted the correct votes. In conjunction with the indeterminate nature of the general outcome predictions, the SMRs did not reveal any additional information since all Justices had SMRs that were not significantly different from 1. This indicates that predictions mainly sorted along ideological lines.

But how did the FantasySCOTUS cheaters affect the results? This installment of the 10th Justice continues at JoshBlackman.com, after the jump.




Supreme CourtUnited StatesGovernmentLawJudicial Branch

Politics

Stuff to Read (3/11/10): empathy, imagination, and gay rights

By Michael J.W. StickingsJust one recommendation today, a piece from Monday that I’ve been meaning to highlight here.********** Slate: “Why Has a Divided America Taken Gay Rights Seriously?” by Dahlia Lithwick, reviewing University of Chicago philosoph…

World

Dr. Gary Trosclair: Depression, Expectations And The Felt Sense Of Inadequacy

Thompson’s research suggests that our thinking is actually enhanced by the sort of rumination that occurs with depression, and that while depression can turn destructive, it originally had an adaptive role.

World

Paul Loeb: How the Democrats Can Reclaim the Youth Vote

A recent Pew poll showed that youth still leans Democratic, but the party’s margin is slipping, and young Democrats’ enthusiasm level is lower than that of their Republican counterparts. What can be done?

World

Eamonn Daniel Higgins Operated Massive Visa Fraud Ring

SANTA ANA, Calif. — A California man was charged Monday with operating a ring of illegal test-takers who helped dozens of Middle Eastern nationals obtain U.S. student visas by passing various proficiency and college-placement exams for t…

Legal

Morning Docket 03.08.10

kitty i can has lawyer.jpg* Virginia Attorney General Ken Cuccinelli II tells the state’s public colleges and universities that it’s okay to discriminate against LGBT people? [Washington Post]

* New York doesn’t know what to do with its bad kids… [New York Times]

* … While a Georgia judge has to step down for throwing a party for them. [WSB Radio]

* Switzerland wrote the “dignity” of plant life into its constitution and made a law last year to protect the rights of goldfish and canaries, but Swiss voters stopped short at the idea of appointing lawyers for animals at taxpayers’ expense. [Telegraph]

* Is patent law on the rise? [San Francisco Chronicle]

* Presidential impersonators from SNLs past visit Barack Obama in a dream to give him advice on financial reform, thanks to a collaboration between Ron Howard and Harvard Law professor and Congressional Oversight Panel chair Elizabeth Warren. The Funny or Die video is embedded after the jump. Dana Carvey is amazing. [New York Times]

* “Are you or have you ever been a lawyer?” [New York Times]

* Google’s top lawyer made over $2 million last year, but he’s still a wanted man in Italy. [ABA Journal]

* Kick-off today in Minnesota Vikings vs. the NFL. [Stamford Advocate]




Barack ObamaPresidentUnited StatesWill FerrellDana Carvey

Politics

Virginia Attorney General Wants More Discrimination

Well, isn’t this guy charming?

Virginia Attorney General Ken Cuccinelli II has urged the state’s public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing in a letter sent to each school that their boards of visitors had no legal authority to adopt such statements.

Cuccinelli believes that only the General Assembly has the authority to decide whether or not the state’s public schools can ban discrimination on the basis of sexual orientation. And since the General Assembly has voted 25 times in the past 13 years not to add the words “sexual orientation” to Virginia’s nondiscrimination laws, Cuccinelli is merely trying to enforce the law. It’s not like he’s being an activist or anything.

The former Fairfax County senator has signaled that he will be an activist attorney general. This month, he sued the federal Environmental Protection Agency, challenging its ruling that greenhouse gases pose a public health risk by contributing to global warming.

“I don’t think it’s going to surprise anyone that Attorney General Cuccinelli is not going to be a quiet attorney general,” said Christopher Freund, a spokesman for the Family Foundation, which has long contended that legal protections based on sexual orientation are unnecessary.

Right. Because when it comes to protecting bigots’ rights to discriminate against gays, the law is the law. But when it comes to regulating greenhouse gases, well, half a million dollars, even as the General Assembly is cutting back on education and health care, is a small price to pay to avoid, you know, following the law.


World

Virginia AG, Ken Cuccinelli, Tells Public Colleges To End Protections For Gay Students, Staff

RICHMOND — Virginia Attorney General Ken Cuccinelli II has urged the state’s public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing in a letter sent to each school that their b…

Politics

Laying off accountants: The unexamined leading indicator

It’s tax season now, the season when CPAs work 70 hour weeks. But not this year. Not only do job agencies like Robert Half have no accounting jobs, they tell me companies are laying off accountants now, during tax season. This is unprecedented.
This is a previously unexamined leading indicator. How cheery will the economic [...]

Politics

Open Thread: Polluters Gear Up Against EPA

Brad Johnson takes note that 13 other states seek to join Utah and Alabama in passing resolutions would bar the Environmental Protection Agency from regulating greenhouse-gas emissions.

Every resolution makes the false claim that protecting citizens from hazardous climate pollution would hurt the economy, instead of recognizing the potential of a green recovery.  Missouri, Illinois, Oklahoma, and Alaska lawmakers talk about being “dependent” on the coal and oil industries whose lobbyists are fighting climate action. Several of the resolutions, drafted early last year, call on Congress to reject the Waxman-Markey American Clean Energy and Security Act, which passed the House of Representatives in June but has languished in the Senate. The Alaska and West Virginia resolutions support Sen. Lisa Murkowski‘s (R-Alaska) effort to rewrite the Clean Air Act (S.J.Res. 26), and Alabama’s resolution calls for the passage of Rep. Earl Pomeroy’s (D-N.D.) similar effort (H.R. 4396).

The most legally bizarre resolution is Arizona state senator Sylvia Allen’s (R-Ariz.) “tenther” argument that the U.S. Congress does not have the Constitutional authority to regulate greenhouse gas pollution. Allen also believes the Earth is 6000 years old. The other Arizona resolution, along with the Kentucky, Virginia, and Washington resolutions, would attempt to block state enforcement of global warming rules.

These efforts to overturn the Clean Air Act and replace science with conspiracy theories are being supported by the American Legislative Exchange Council (ALEC), a national organization that brings conservative state lawmakers together with industry lobbyists.

The false claim made in these resolutions gets a major smackdown from a study from the Center for Energy, Resources and Economic Sustainability at the University of California, Berkeley. The study shows that California’s green policies from 1977-2007 eliminated 25,000 jobs, but created 1.5 million other jobs, improving compensation statewide by more than $44 billion. During the same period, per capita electricity usage in the state dropped by 40 percent.


World

As Afghanistan Contracting Surges, Who’s Following The Money?

In the past eight years, the United States has allocated $51 billion to rebuild and stabilize Afghanistan. But tracking that money sometimes seems as challenging as finding the leaders of the Taliban.
No one keeps an exact count of the number …

World

Jerry Cope: Jeff Biggers Reveals Coal’s Dirty Secrets From the Heartland

We must insist that coalfield communities get their fair share of clean energy jobs, and clean energy investments, not just the crumbs. Committing to a coal free future begins in the coalfields.

Politics

IN-Sen: Very competitive

Research 2000 for Daily Kos. 2/22-24. Likely voters. MoE 4% (No trend lines)

Brad Ellsworth (D) 36
Dan Coats (R) 37

Brad Ellsworth (D) 34
John Hostettler (R) 40

Baron Hill (D) 37
Dan Coats (R) 37

Baron Hill (D) 36
John Hostettler (R) 42

Jim Schellinger (D) 34
Dan Coats (R) 39

Jim Schellinger (D) 33
John Hostettler (R) 44

Hostettler and Coats are locked in a primary battle. The GOP establishment is behind Coats, the teabaggers behind Hostettler. Advantage teabaggers, as Hostettler runs significantly better than the guy from Virginia and North Carolina.

On the Democratic side, the party will choose the Dem nominee by fiat. Hill ran best, but he’s already taken himself out of the running. And given HIll’s longer tenure in DC, we’ll likely be better off with the (politically) fresh-faced Ellsworth in the longer term. While all these candidates are generally unknown, Ellsworth has the lowest name ID of the lot, and the best net-favorabilities:

Ellsworth (D) +17
Fav: 41
Unfav: 24
No Opinion: 35

Hill (D) +14
Fav: 45
Unfav: 31
No Opinion: 24

Hostettler (R) +12
Fav: 43
Unfav: 31
No Opinion: 26

Schellinger (D) +7
Fav: 39
Unfav: 32
No Opinion: 29

Coats (R) +4
Fav: 40
Unfav: 36
No Opinion: 24

Election prognosticators have been quick to slot this seat into the GOP column. Clearly, they’ve jumped the gun. We’re going to have a real barnburner in the land of corn and basketball.

Oh, and root for Coats in the GOP primary.


World

Jim Bunning Impasse Puts Federal Employess Out Of Work

WASHINGTON — Two thousand federal transportation workers will be furloughed without pay on Monday, and the Obama administration said they have a Kentucky senator to blame for it.

Federal reimbursements to states for highway programs wil…

World

Census 2010: Universities, Colleges Push To Get Students Counted

ST. PAUL, Minn. — It was 5 p.m. in the lobby of the library of Metropolitan State University, and Clara Ware was sitting behind a table covered with pens, notepads and buttons with the Census 2010 logo, calling out like a sideshow barker…

World

Bruco Eastwood May Have Contacted Deer Creek Students Online

LITTLETON, Colo. — Among items seized from the room of a man accused of wounding two students at a Colorado middle school were photos of youths who appear to be in their teens, prompting the accused’s father to speculate that his son may…

Politics

On the Road to Somewhere Else


By Sharon Davies, John C. Elam/Vorys Sater Designated Professor of Law, Moritz College of Law, The Ohio State University

Rising Road is one of those books that happened by accident; a chance occurrence on the way to somewhere else.

After the outcome of the election in 2004, when the country was abuzz with reports of how the question of gay marriage drove President George W. Bush’s supporters from their homes to the voting booths, I began to think about law and marriage, and the way of constitutional change.

It was a topic of great personal importance to me, law and marriage. Had my parents been swayed by the marriage laws that were still in place in various states at the time of my birth, I would never have been born. Neither would any of my five brothers or sisters. It was the era of the anti-miscegenation laws. The simple act of having us was a crime, a number of states declared, and they backed the ban up with the criminal sanction. Defiant mixed race couples could be jailed.

I was nearly seven-years-old by the time the U.S. Supreme Court finally got around to striking those laws down. Seems my siblings and I weren’t crimes after all. It was the law that was wrong, the Court announced in Loving v. Virginia in 1967. The decision was unanimous. Even Justice Hugo Black agreed, though a son of the South, the region of the country most steadfastly devoted to the anti-miscegenation regime.

After the election in 2004, I wondered how constitutional change like that came about-how acts of intimacy, and marriage, and the wee beings that can result from them, could one day be outlawed, and another day not. I will write an article about that, I thought to myself, and set to work.

When doing the researching for that intended article, however, the unexpected happened. I tripped over a reference to a 1921 trial in Birmingham, Alabama. A murder trial, where the marriage of the daughter of a Methodist minister to a Catholic migrant from Puerto Rico, led the minister to kill the Catholic priest who took their vows. How horrible, I thought. I’ll use it as an example in my article.

read more

Politics

God retarded my baby

By Capt. FoggGiving birth to a disabled child is God’s way of punishing women for having had a prior abortion, says Virginia Representative Bob Marshall, R-13th:In the Old Testament, the first born of every being, animal and man, was dedicated to th…

World

Bil Browning: Brad Ellsworth: A Disaster Waiting to Happen

Rep. Brad Ellsworth announced on Friday he would seek the Senate seat being vacated by Sen. Evan Bayh. I touched on Ellsworth’s history of throwing…

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