(if I were the) King of the Forest

Anyone who has lived in a community with a large student population can tell you that they are admirably idealistic and will reflexively support any and all expensive or intrusive solutions to local problems that they judge to be of paramount concern. Unfortunately, their insulation from the community distorts their perspective on such judgments, and the fact that their relative poverty and short tenure means they will never live with the consequences of supporting such solutions, either monetarily or socially, blinds them to the tradeoffs involved.

In short, students learn their lessons about politics at the expense of the locals. They vote their ideals with no need to consider costs, free to congratulate themselves on their virtue and walk away from their mistakes when they graduate — while those left behind must live with the long-term consequences.

Recently the New York Times has taken to criticizing the newly ‘conservative’ U.S. Supreme Court for rulings that respect and enforce Constitutional limits on the authority of the Congress and of regulatory agencies and of lower courts and of individual citizens to extract money and penitence from “powerful” individuals and corporations for perceived misdeeds. […]

The complaint is not and has never been that judges are acting to enforce constitutional boundaries on the legislature; it is and has always been that they fail to act to enforce those boundaries — or act without constitutional warrant to make up new boundaries to enforce out of whole cloth — when reading the constitution rigorously would undermine some extralegal cause to which they have committed themselves. The complaint is not that judges act, but that they act in deference to some cause other than the rule of law that they have sworn to uphold.

In advocating for Microsoft to defy the Chinese government’s censorship orders and stand up for free expression in China you are demanding that an American corporation take it upon itself to disregard the local laws of the community in which they operate. You are demanding that they substitute an American standard of civil liberty and an American vision of proper social regulation for the locally determined political and cultural choices.

We routinely view the problem of illegal immigration effectively as one of importing labor. But it is a much more useful paradigm to view it as exporting work, despite the fact that the work doesn’t actually leave the country … If we view illegal immigration as an illicit export of jobs rather than as in illicit import of people, we see a different set of solutions to the problem.

Which way do you want it? Opportunity comes with risk; security impedes opportunity. If you want creditors to give people opportunity you can’t blame them for enabling risk-taking. If you want them to prevent risk-taking you can’t blame them for denying opportunity.

Given that the moral purpose of the death penalty is its symbolic import, we can formulate an alternative death penalty that both preserves that purpose and protects the innocent from unjust execution. The key is to separate the sentence of death from the implementation of that sentence. The imposition of a death sentence communicates our moral intent; the execution of the condemned merely closes the account.

In March of 2005 the Colorado Supreme Court voided the death sentence for a murderer on the basis of the fact that a juror during the penalty phase – when the decision of what sentence to impose was being debated – had copied down a verse from the book of Exodus and quoted it during […]

Mandatory seatbelt (and helmet) laws do not generally arouse my passion, for two reasons. First, although I consider them paternalistic invasions of my autonomy they also have no immediate or practical effect on me: I use seatbelts and helmets by choice, as do most people I know. Second, given the very real benefits they provide and the relatively low costs they entail – and given that on such bases only one state in the Union currently does not mandate the use of seatbelts – I consider them largely a fait accompli. That doesn’t make me agree with such laws or embrace them; it merely makes worrying about them a poor use of my time and energy.

That said, I happen now to live in that one state (New Hampshire), and when the issue arises – as it does from time to time – proponents of such laws tend to be particularly dismissive of any concerns about civil liberties, to characterize those who raise such concerns as egocentric simpletons, and to trivialize their opposition as merely a childish and irrational reaction to “being told what to do.” That dismissive and disrespectful tone does stir my passion.

In January of 2005 Jeff Jacoby of The Boston Globe wrote a heartbreaking column about the outcome of a legal case in Florida that elevated the “parental rights” of a birth-couple, who changed their minds years after having given their child up for adoption, over both the “parental rights” of the adoptive parents who had […]