text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Is Heller the new Lopez?
Friday, June 20, 2014
Is Heller the new Lopez?
Gerard N. Magliocca
In recent weeks various bloggers and commentators have noted that the Justices seem uninterested in taking another Second Amendment case. Certiorari petitions were denied this Term on a couple of major gun control issues that have divided the lower courts, and the Court has not taken a Second Amendment case since 2010. This leads me to wonder if Heller is the new Lopez.
though I disagree with your analysis, I very much approve of your use of the term "eunuch" to describe Heller and Lopez et. al.
Might Heller be the high water for the 2nd A? Perhaps the eunuchs are the SCOTUS majority in both Heller and McDonald, especially with recent attempts by open carriers invading court houses.
As to US v. Lopez (1995), perhaps it should be revisited because of the proliferation of school shootings involving commerce in guns and ammo.
The ruling put states and feds on notice of a certain floor and the laws struck down in D.C. and Chicago alone were far more significant than the largely token one in Lopez (that mostly was just handled by tweaking things a tad). The ruling also led to a few other laws struck down in some fashion.
So, I think Heller is not as much as an eunuch as all that, though surely less strenuous (so far -- it hasn't been that long & 1A precedents in the 1920s on took time to develop) as some might have liked.
And, as seen in the ACA case, the overall principles of Lopez has some bite and restrains the law. The overall state federalism principles particularly as seen in the Medicaid portion of the ruling, one even Randy Barnett gave only 30% chance of winning (though hard to take him totally at face value).
Echoing Joe, I think Heller and McDonald have a bit more significance than Lopez. The law in Lopez was immediately reenacted with a nominal "finding", but I would say it has survived subsequent review more as a matter of very careful selective enforcement, than legal solidity. They've hardly enforced it at all, for fear of generating a good test case.
By contrast, Heller and McDonald are being litigated all over the place, with very much mixed results. That's part of why the lack of cert requires explanation: There's a glaring disagreement between the circuits that begs to be resolved, and the Court isn't doing it.
I think what we're seeing here is that the Court is waiting for this to become more settled politically. The minority aspire to being a majority, and want to minimize adverse precedents before that happens. (Not that they'd hesitate to overturn such precedents, but they'd rather not generate them in the first place.)
While the majority doesn't much see the point in extending this, if it's just going to be overturned in a few years. If forced to take a case, they'll rule to uphold the 2nd amendment in some form, but they're not eager to do it.
I think what will happen is that the Court will refuse such cases until the balance on the Court is changed. If one of the majority is replaced with an anti-gunner, the first available test case will be taken, to reverse both Heller and McDonald, no matter how much screaming it causes. If one of the minority is replaced with a pro-gunner, the Court will start addressing the circuit splits.
For now, the Court has thrown it back into the political realm. Doing the least they could, and then retreating from the field. Cowardly, but to be expected.
Brett's closing:
"For now, the Court has thrown it back into the political realm. Doing the least they could, and then retreating from the field. Cowardly, but to be expected."
seems to ignore that the majority in both Heller (2008) and McDonald (2010) were acting in the political realm. With their dicta, the majority were aware there had to be some semblance of avoiding the wild, wild west. The majority are aware of what has been happening with 2nd A absolutists since these decisions, turning out to be, perhaps, prescient with their dicta, rather than cowardly. The 2nd A should not be the tail that wags the Constitution.
Yes, I generally ignore things that are false. Striking down laws which violate explicit constitutional guarantees is one of the Court's core duties. That such laws will typically be the product of political processes not withstanding.
Ergo, Brett generally ignores himself.
Brett accuses the conservative majority of being cowardly with Heller and McDonald. But perhaps the real cowards are those who carry openly to intimidate with potential firepower in public places, demonstrating what they perceive to be their manhoods; and speaking of eunuchs, these cowards should grow a pair.
Jim Newton's LATimes 6/19/14 review of two books: "Mixed verdict on Supreme Court in 'Uncertain Justice,' 'Court of One'" includes this:
"They are similarly clear-eyed in considering complicated questions of privacy and guns, two areas that pit historic ideals against modern technology and mores. But whether the Second Amendment confers an individual right to bear arms or not — Justice Antonin Scalia, writing for a five-member majority of the court, for the first time in its history found that it did — the Heller ruling nevertheless left ample room for gun control, a fact wisely noted by Tribe and Matz."
I don't know if there has been revealed details of how the majority got to five in Heller. Were there trade-offs, such as including extensive dicta? Might such trade-offs be influencing the failure of granting cert since McDonald (2010) to a 2nd A case?
"for the first time in its history found that it did"
No, not at all. You can go back the Dred Scott case, where Taney gave as an example of the horrors of admitting that blacks were people, that they'd be entitled to own and carry about guns. What do you suppose that was based on, the 10th amendment? The natural born citizen clause? No, it was the 2nd amendment.
US v Miller, a case where a felon ran afoul of the NFA, the circuit court found in his favor that the act was a clear violation of... the 2nd amendment. The Supreme court did not, as gun controller lore has it, reverse the lower court. They merely remanded it to the lower court to determine whether the firearm in question was suitable for militia purposes, and thus of the sort the 2nd amendment guaranteed the people, even people like Miller, a right to.
No, it's an utter fiction that Heller was the first time the Supreme court acknowledged this right was individual. Merely a convenient fiction, for those who look forward to Heller being reversed in a few years.
The 2nd A references "people." Pre Civil War Amendments, what specific provisions in the Constitution provided that slaves were not "people"? There was a distinction between "people" and "citizen." Slaves may not have been citizens, but were people. Perhaps Brett deep down agrees with CJ Taney in Dred Scptt (based upon his blog comments over the years). Back then the 2nd A limited the central government, not the states, and the slave states mostly enacted statutes that were a form of gun controls to keep slaves unarmed.
I finished "Written in Stone" by Sandy Levinson, GM's fellow blogger. The book is about the meaning of public monuments but he also touches upon his view on judicial review, a mixture of prudence, constitutional theory and realism. This seems to apply here.
I'm glad to somewhat be on the same page as Brett, but continue to disagree with the "coward" framing. The ruling is anyway a piece of others that only go so far. The justices as a whole have a limited view of what the courts should do, though having bite.
And, again, it is typical for courts to decide only so much. Heller was a major statement. It only happened a few years ago. The development of the law on the 1A is telling here.
I don't think they were "cowardly" in the 1930s to rule narrowly and leave a lot of exceptions, many of which were narrowed significantly over time, including, e.g., commercial speech. To cite someone, "judicial fiat" requires finesse.
It should be kept in mind that Article III, which is not that detailed, has been construed by the Court, going well back in time, as authorizing the Court to rule only on an actual case or controversy before the Court, not to render advisory opinions. But the Justices may, in opinions, provide dicta. Some might argue that the use of dicta might be a form of advisory opinion but I don't think that is a strong case. Determining what constitutes the Court's decision in a particular case or controversy is sometimes not that simple. A reader of the Court's decision may pluck out a "reason" given as a decision by the Court, but that would be over reading the actual decision made by the Court.
I don't think they're cowardly to refuse to rule on more than the case on hand. But, keep in mind that the Court spent 68 years, between Miller and Heller, refusing every last 2nd amendment case, and did so without any concern about circuit splits and very real rights violations. They had no shortage of actual cases at hand to take. THAT was either cowardice, or actual malice.
Now they're apparently doing it again. There are glaring circuit splits out there, and perfectly good test cases to resolve them, those cases at hand you want them limited to, and the Supreme court is again, without any explanation or hint of a good reason, refusing them cert.
Again, either cowardice or malice. I know it's malice on the part of four of them, but since certiori only takes four votes, that leaves cowardice on the part of at least two.
Perhaps Brett might inform us what dictionary/dictionaries he is relying upon for the definition of "malice" as he uses it, or is he Humpty Dumpty-ing?
Apparently Brett is of the view that the holding in Dred Scott was that the 2nd A involved an individual right and not a collective right. Query: Could a slave back at that time frame be a member of a state militia in slave and/or non-slave states?
Which major gun control issues do you see dividing the lower courts?
I have been waiting for the Court to finally determine what standard of review applies to Second Amendment cases. I suspect that there is a division on the Heller/McDonald majority on that subject, which is why that majority is not addressing the issue.
Perhaps the "standard of review" has something to do with the number of school shootings and other gun violence just since McDonald. While technically perhaps not a matter of formal judicial notice, do the Justices in the majority in Heller/McDonald stick their heads in the sand especially with recent courthouse open carry events? Perhaps the majority in Heller/McDonald learned a lesson from CJ Taney's Dred Scott opinion that contributed to the breakout of the Civil War.
Our CO gasbag refers to a possible division in the Heller/McDonald majority on a standard of review. I am not aware of the machinations, trade-offs inside that majority that led to the decisions. Perhaps at some point in the future via leaks or papers of certain Justices that become pubic, we may find out.
The 2nd A absolutists are in a rush. But in the constitutional scheme of things, the 2nd A should not be the tail that wags the Constitution.
Brett, our pictorial EUNUCHLEHEAD, offers up "MALICE IN SCOTUSLAND," perhaps thinking he can goad the majority to take another 2nd A case to satisfy his 2nd A absolutism AND anarcho libertarianism. What a legacy that would be.
Paul Clement, probably causing cognitive dissonance coming from the administration that went out of their way to officially state they found the 2A protects an individual right, pushed for intermediate scrutiny during the Heller orals.
CJ Roberts for one seemed annoyed with worrying about that sort of thing. Kennedy often prefers somewhat hazy standards too. Scalia probably would find various exceptions appropriate (because, you know, history or something) whatever standard is used. 1A has strict scrutiny and there are a range of regulations.
I do think standards (we know it isn't rational basis) is one issue to settle. Another would be some more clarity on use of guns outside of the home.
I predicted at the time that Heller would not amount to much, whichever way it came out. Time will tell, but so far, so good. It may not be a "eunuch," but it will take a double dose of Viagra before it rises again.
The testosterone levels of 2n A absolutists seem high, at least in their own minds, as they are anxious to lock and load.
The idea that we actually have a reasonable basis for our views is just inadmissible for you, isn't it? Got to be "testosterone", or "fear", or anything at all but sweet reason and evidence.
It would be somewhat more annoying, were it not the pathetic complaints of a partisan of a losing cause.
You can go back the Dred Scott case, where Taney gave as an example of the horrors of admitting that blacks were people, that they'd be entitled to own and carry about guns.
I doubt it enhances your argument to cite Dred Scott. In any case, Taney was fear-mongering on this point. In 1857, the 2A didn't apply to the states because of Barron v Baltimore.
"I doubt it enhances your argument to cite Dred Scott."
Doesn't particularly hurt it; As you yourself demonstrate, the sort of ideologues who still take the race card seriously are pretty closed minded on the subject of the 2nd amendment, too.
Oh, I agree Taney was, to some extent, fear mongering. But he was doing so in a way which would have made no sense at all, were it not that the 2nd amendment was widely understood to guarantee an individual right. Even if that right, pre-14th amendment, wasn't understood to extend to the states.
"It would be somewhat more annoying, were it not the pathetic complaints of a partisan of a losing cause."
ignores his accusations of the Heller/McDonald conservative majority as cowardly and/or malicious in not granting cert on taking more 2nd A cases. So, to repeat:
"Brett, our pictorial EUNUCHLEHEAD, offers up "MALICE IN SCOTUSLAND," perhaps thinking he can goad the majority to take another 2nd A case to satisfy his 2nd A absolutism AND anarcho libertarianism. What a legacy that would be."
And notice how Brett evades responding to critiques of his CJ Taney Dred Scott comments.
Apparently "sweet reason and evidence" for Brett consists of intimidation with firepower.
I agree Taney was, to some extent, fear mongering. But he was doing so in a way which would have made no sense at all, were it not that the 2nd amendment was widely understood to guarantee an individual right.
I think there's general agreement that around roughly 1860 the 2A was seen to protect an individual right. The debate involves claims that it did so in 1791.
Taney could, of course, been referring solely to the right to bear arms in a militia, but that's not clear from his comment.
"The debate involves claims that it did so in 1791."
And, in that context, and given all the evidence, that there is still a "debate" demonstrates that some people just can't admit they've been proven wrong.
There has never been a time in the history of the US, from the 2nd amendment's drafting, to this very moment, when it was not generally understood to guarantee an individual right. The legal community has, during the last half century or so, been taken by a fad of asserting the opposite.
But it was a fad in the teeth of the evidence, motivated by a belief that if lawyers agreed to deny the obvious, the right could be abolished.
Dred Scott v. Sandford has multiple relevant references here.
Taney lists white only militia as evidence that blacks were singled out as not having rights. As I have noted repeatedly, this underlines that even a right to equally be armed in a militia when called up to serve would be a big deal.
He also cites a range of privileges of citizenship, such as freedom of movement and "to keep and carry arms wherever they went." Note this is different from the 2A language. And, in context, it was regarding "as far as white men had such a right." Many, e.g., cite a common law right here that is separate from the 2A.
But, Heller was specifically about the 2A. It's like claiming the federal law against a specific abortion procedure was unconstitutional because it overreached the Commerce Clause. That wasn't issue presented when the USSC upheld the law 5-4.
[Prof. Levinson, e.g., agrees with the result in Heller, but not much of its reasoning. He cites, e.g., the 9A as a better possibility. To the degree people think there is NO individual right here, I think they are wrong.]
Then, he specifically cites the language of the 1A, 2A etc. to argue the limits of Congress' powers, which he assumes applies just as much in "a territory" as individual states. This was far from common sense at the time, nor is actually quite the law now (see, the Insular Cases).
This was covered basically in Prof. Levinson's thread.
"Prof. Levinson, e.g., agrees with the result in Heller, but not much of its reasoning."
Reading this, I'm mostly left confused. He likes the outcome. He likes Breyer's reasoning better than Scalia's. But Breyer's reasoning would have dictated the opposite outcome!
Perhaps the best reading of this, would be that Sandy liked the outcome on a policy level, (Thinking that, on that level D.C. went too far.) but really dislikes the ideal of any sort of genuinely enforceable right. He wants to keep gun ownership a (barely?) tolerated privilege, instead.
Of course, neither side will stand for that. Gun owners have an explicit right in black and white in the Constitution, and aren't going to stand still for it being erased, still less by judicial fiat. Gun controllers oppose the right because they don't want it exercised, even as a privilege. (Except maybe one restricted to their own mandarin class, and it's loyal servants.)
Sandy needs to pick a side, I think, he's in the incoherent middle, where one, in those famous words, "isn't even wrong".
From Brett's link:
Again, my view is that the best of the Heller opinions was Justice Breyer's. I was equally dismayed by Scalia and Stevens. For me, both of them demonstrated why judges are not reliable historians. That being said, I had no real problem with the result in Heller, so I would have adopted much of Breyer's analysis but ended up arguing that a truly "prohibitory" regime like DC's did raise serious Second Amendment issues. My view is that the best brief was that submitted by Paul Clement as Solicitor General, which called on the Court to remand to the DC Circuit for consideration under a more properly focused standard of review.
More here:
My interpretation is that he rejects the in his view sloppy history of both Scalia and Stevens in lieu of an individual right crafted in a different fashion but thinks Breyer goes too far in acceptable regulations.
This in part is influenced by his support of entrusting the public today (who currently accept an individual right) more with constitutional interpretation within some limits. The courts going too far in either direction would be a problem, both pragmatically and as a matter of his general constitutional principles.
I think this reflects what the general public supports. The usual gloss by two regulars is duly noted.
Brett now seems to be goading Sandy. Does Brett think that Sandy could convince the Heller/McDonald conservative majority to grant cert on more 2nd A cases, Justices that Brett describes as cowardly and/or acting with malice in not doing so to satisfy Brett's 2nd A absolutism AND anarcho libertarianism? Brett suffers from high anxiety.
There has never been a time in the history of the US, from the 2nd amendment's drafting, to this very moment, when it was not generally understood to guarantee an individual right.
I have to say that this is delusional. Personally, I don't care all that much which way the 2A argument goes, as long as the same "reasonable restrictions" policy which applies to the 1A also applies to the 2A. But to pretend that your side has not just the better of the argument, but the ONLY side of the argument is evidence that you're so invested in the result that you can't see the issue at all.
"I have to say that this is delusional."
I have to say that you're not providing any contrary evidence.
I've provided, in the past, evidence from the founding era, (Shag simply asserts that Madison was 'humoring' Coxe.) From about the time of the civil war. About the time the NFA was adopted. (As a tax, explicitly because a ban would violate the 2nd amendment.) Today we have polls.
And yet, you think it delusional to believe what this evidence shows.
No, there has never been a time when the 2nd amendment was not, popularly, understood to guarantee an individual right. The legal community have, lately, been taken up in a fad of believing, or asserting, the opposite. Politicians have found the right inconvenient.
But the Court did not create the idea of the 2nd guaranteeing an individual right. That's been around from the beginning.
"Personally, I don't care all that much which way the 2A argument goes, as long as the same "reasonable restrictions" policy which applies to the 1A also applies to the 2A."
I'd be cool with that. No prior restraint? Having to demonstrate actual harm to justify restricting conduct? No preemptive bans on new tech? That would be a vast improvement over the current status of 2nd amendment rights, where restrictions can be based on mere speculation about whether they make life a little harder on criminals.
You don't see anyone proposing magazine limits on printers, so that counterfeiters are inconvenienced by the need to hand feed sheets. Or newspapers being limited in circulation to reduce the worst case for libel. Or banning laser printers, on the basis that the 1st amendment only applies to Franklin's offset press.
No, treating the 2nd amendment like the 1st is essentially the goal of us "2nd amendment absolutists".
I've been hors de combat blog-wise but see that Brett, our pictorial EUNUCHLEHEAD with his MALICE IN SCOTUSLAND continues his rants, including against Sandy.
Here's Brett recent parenthetical:
'(Shag simply asserts that Madison was 'humoring' Coxe.)"
Simply? Perhaps Brett's Coxe induced testosterone erased from his mind the rather extensive comments of mine on the thread at Sandy's recent post with over 180 comments} concerning Madison/Coxe. My recess is too short to paste them in here, but I'll attend to that when prepared to enter combat blog-wise later today or tomorrow.
Mean time, let's note that the recently proposed Texas Carry group called off its foray into an African American neighborhood, presumably with the message that open carry also privileges those in the African American community as well, although the African American community may not be able to afford comparable arsenals. Why was it called off? Who know? Perhaps Texas Carry volunteers were concerned with the subjectivity of self-defense on the part of some in that African American community, including snipers.
Breet seems to be a sponsor of what may be termed "CARRY NATION." This of course differs significantly from the 19th Century
"CARRIE NATION" movement which would be at loggerheads with Texas Carry. Query: Should operating an AK-47 under the influence of booze or drugs overcome alleged subjectivity of self-defense?
Brett tries to set up the 1st A's no prior restraint on speech/press for the 2nd A. How might that work? Shoot (publish) first, then ask questions later (murder/assault & battery or libel)? And with military style arms in the hands of an unregulated non-state militia made up of white males who don't like the changing demographics?
And consider the breading news in Mississippi with Thad Corcoran seemingly pulling through with crossover votes from African Americans in the Senate race. (I understand that the challenger hasn't given up.) Perhaps an inspiration for this crossover had something to do with what happened in Mississippi 50 years ago.
Brett's closing:
"No, treating the 2nd amendment like the 1st is essentially the goal of us '2nd amendment absolutists'."
is wishful thinking as that goal, unlike the 1st A, kills and maims, especially with the desired military grade arms in the hands of unregulated non-militia who retain as a goal when they deem it necessary attacking a state government as well as the central government (aka insurrection).
It is not that there is no "evidence" for one side that Mark Field is concerned about. It is Brett's argument that his is the "only" argument that is non-delusional or not some "lying" attempt of "gun grabbers."
There is a cottage industry on this subject from all directions. As usual, constitutional analysis has no "one" end result, now or in the past. This issue not being any different -- there were many on various spots of the spectrum on this issue.
Likewise, "reasonable" does not mean that the end result will be exactly the same as the 1A. For instance, young minors have the right now to buy books. They don't have the right to buy guns on the same level. There is overlap.
You're right, there's no problem with lying gun grabbers inventing things. The whole Bellesiles affair?
My imagination.
Look, Joe, I'm pretty familiar with the evidence on this score, and the thing is, it IS very one-sided. Bellesiles didn't commit his fraud just to pile on. He did it because, without fraud, he didn't have a case.
Why are advocates of gun control almost without exception living constitutionalists? Because the original meaning is easy to find, and hostile to their views.
Why don't they have their own compilation of quotes from the founding era, like our guncite? Because the quotes don't exist.
It can be irritating to people who expect all questions to be muddy, but this one isn't.
Brett brings this up again:
"The whole Bellesiles affair? "
He's just one historian. Brett admits that Scalia's history is bad in Heller. So does that mean that all justices are bad when it come to history?
In Heller, a "historians' amici brief was filed in support of the Petitioners, to wit: Jack N. Rakove, Saul Cornell, David T. Konig, William J. Novak, Lois G. Schwoerer, et al (which did not include Bellesiles). The Table of Cited Authorities includes no reference to Bellesiles.
And there is the amici brief also in support of Petitioners of Professors of Linguistics and English Dennis E. Baron, Ph.D., Richard W. Bailey, Ph.D. and Jeffrey P. Kaplan, Ph.D.
Historians and Linguistic/English scholars provide textualism standards to the 2nd A.
Brett takes the fact that Madison listened to Coxe's views, thanked him, as in effect an incorporation by Madison of Coxe's views. But under what principles of textualism or any version of originalism is such incorporation supported? Keep in mind that the 2nd A as passed by Congress (of which Madison was one member only) and what is the evidence that other members of Congress were aware of Coxe's views, and if they were, whether they thanked Coxe as well? The actual words matter. None of the views of Coxe are included in the 2nd A as passed by Congress and ratified by the states, such as self-defense, individual, hunting, etc. It is the original meaning of the 2nd A that should count. as laid out by the historians and linguistics/English scholars.
But Scalia, a textualist and sometimes originalist, was criticized for his bad history in Heller, and his linguistics was not very cunning.
Imagine, Madison said "thanks" to Coxe and Brett incorporates Coxe's views into the 2nd A as passed by Congress and ratifies by the states. That's a quantum leap even for Brett.
Sure, there were people back then who believed in an individual right, self-defense, etc, but that doesn't determine the original meaning of the actual text of the 2nd A. Keeping in mind that Heller/McDonald were each 5-4, this could change. That together with the changing demographics is what Brett as a 2nd A absolutist AND anarcho libertarian fears. And to repeat:
"Brett, our pictorial EUNUCHLEHEAD with his MALICE IN SCOTUSLAND continues his rants, including against Sandy."
"He's just one historian."
Who a bunch of other historians gave a prestigious award to, despite the fact that his work was already widely known to be a piece of crap. Even I, just an interested layman, couldn't get five pages into that book without experiencing "wtf" moments. Like when he re-wrote the 1792 Militia act to be more agreeable to his thesis. Took a public document any historian could look up in moments, and changed the words. *I* noticed that, and professional historians didn't? Seriously?
That Bellesiles ever got withing spitting distance of the Bancroft award was an indictment of historians. His book wasn't even a competent fraud, it was so easy to detect. Hundreds of thousands of Americans, mere laymen, could spot it for dreck in an instant. And we're to believe the professionals took that long to notice? It's as thought the Piltown man had been constructed out of Legos, and still passed professional scrutiny
"Sure, there were people back then who believed in an individual right, self-defense, etc, but that doesn't determine the original meaning of the actual text of the 2nd A"
Thanks for admitting that, in as much as that was the point I was making, that it has been understood, popularly, to be an individual right all along. And so the Court didn't have to invent anything in Heller to find it was that. They just had to refrain from going to great lengths to deny it.
"but that doesn't determine the original meaning of the actual text of the 2nd A"
And it doesn't have to, because it says, "right of the people", and everybody who isn't utterly committed to denying the existence of an individual right understands that doesn't mean, "power of the government".
It says "right of the people". That puts the ball in your court to demonstrate that it wasn't understood to guarantee a "right", of the "people". And that's where you fall down. You haven't produced anything to demonstrate that it was understood as a 'right' to be armed during military service, and nothing more.
You can't, because that thesis is WRONG, and there's no evidence to support it.
And the historian's brief you cite? Generated by Bellesiles' defense team. Seriously, it's a list of historians who leapt to believe Bellesiles fraud, and dragged their heels afterwards in admitting it was a fraud.
What a sterling endorsement of their competency and objectivity.
Brett apparently hasn't read - or understood - either the historians' or linguistics/English Scholars amici briefs. And Brett ignores "The first clause is what linguists call an absolute construction or absolute." (Linguistics/English Scolars' brief page3, as further elaborated throughout, with extensive cites of sources.)
As to the historians' brief, if Brett actually read it, what errors can he identify in their citations backing up their historical analyses of the meaning of the actual words in the 2nd A as enacted by Congress and ratified by the states? And Brett continues to fail to come up with a legal rationale under either textualism or originalism that incorporated Coxe's views other than a "Thank you" from Madison to Coxe after listening to Coxe. Original intent doesn't pull this off because Madison was only one member of Congress that enacted the 2nd A and then there were the many ratifiers at the states' levels. Paul Brest did a number on "original intent" in the 1980s.
By the way, the Linguistics/English Scholars' brief sets forthe what Madison originally drafted as the 2nd A:
"The right of the people to keep and bear arms shall not be infringed: a well armed and well regulated militia being the best security of a free country: but no persons religiously scrupulous of bearing arms,shall be compelled to render military service in person." (Page 13.)
As to history provided by Justices and judges, what do you say, Brett? How good are they on history? At other threads at this Blog I have referenced critiques on their failings, as well as the "law office history" of advocates before the Court. Even Brett concedes that Scalia can be bad at history, now branding him as either a coward or acting with malice in not granting cert on more 2nd A cases, with Brett's "Malice in Scotusland" mode.
As to objectivity, Brett's is measured by his 2nd A absolutism AND anarcho libertaianism, all in for unregulated non-state militia bordering on potential insurrectionism against state governments and the central government, despite the actual text of the 2nd A as enacted by Congress and ratified by the states. Brett is too Coxe-minded.
Pushing past personal comments, I appreciate Shag's extended historical remarks here. I think history is useful here, but has to be looked at completely and ultimately is but one factor.
Today's recess appointment ruling providing some usefulness here. As noted at Oyez.com:
In his Opinion of the Court, Justice Breyer emphasizes early in the opinion that "in interpreting the [Recess Appointments] Clause, we put significant weight upon historical practice." For support for this, he offers lengthy quotations from McCulloch v Maryland (1819) and from an 1819 letter written from James Madison to Spencer Roane in which he writes that it "was foreseen at the birth of the Constitution, that difficulties and differences of opinion might occasionally arise in expounding terms & phrases necessarily used in such a charter… and that it might require a regular course of practice to liquidate & settle the meaning of some of them." From these and other sources, Justice Breyer concludes: "[T]his Court has treated practice as an important interpretive factor even when the nature or longevity of that practice is subject to dispute, and even when that practice began after the founding era." With regard to the question before the Court, he writes: "We have not previously interpreted the [Recess Appointments] Clause, and, when doing so for the first time in more than 200 years, we must hesitate to upset the compromises and working arrangements that the elected branches of Government themselves have reached."
I'm all for citing history, preferably further than 1792 (or 1868) here, but also know the limits and complications of history. This is from personal experience not reading just "one" history, but many. And, the limitations of such an endeavor.
I do reach various conclusions on this and other subjects (e.g., abortion, which also has been submitted to historical analysis) but with perhaps a bit more salt than some people.
Anyway, as Mark Field notes, at the end of the day, people might get to the same basic place. If humility gets you a result, I find it often is the best policy.
Over at Larry Solum's Legal Theory Blog there's a link to "Judicial Ideology and the Selection of Disputes for U.S. Supreme Court Adjudication" by Political Scientists Jeff Yates et al that Solum recommends. It is a quick read, focusing on political science literature. It doesn't address Brett's "cowardly" and/or "Malice in Scotusland" charges against the majority in Heller/McDonald for not granting cert on more 2nd A cases but it is an interesting read. (It does reference the 1st A.)
The approaches of political science on this matter differ from the legal academy as the former uses models.
I just finished rereading the amici briefs I had referenced. (I had read these and other briefs in Heller back at that time.)
At pages 30-33 of the "historians' brief" addresses:
"The Second Amendment Is Best Understood As An Affirmation Of Federalism Values, Which Helps To Explain Why The 'Insurrectionist' Theory Of Its Origins Is Fallacious"
closing with this:
"These two clauses [Militia Clause and the Republican Guarantee Clause of Article IV of the 1787 Constitution] were the Framers' direct answer to the deficit of authority that the Massachusetts [Shay's] rebellion exposed. It beggars the historical imagination to think that the same Federalist congressmen who wrote the Second Amendment were intent on protecting a popular right to insurrection."
Donald L. Drakeman's "What's the Point of Originalism?" got a "highly Recommended!" at Larry Solum's Legal Theory Blog (where a link is provided). I was earlier aware of the article from a post at the Originalism Blog.
Drakeman points out that the Constitution does not require the Court to provide reasons for its decisions. He raises the question whether judicial supremacy prevails over the elected Executive and Legislative branches. And he brings up Humpty-Dumpty on what he means when he uses a word.
There is an interesting anecdote on CJ Marshall that points out his legal training/experience was limited and that he would write out his decision in a case and give it to Justice Story to find the law to support the decision.
The most interesting aspect of the article for me is "III. The Originalism 2012 Survey" on the public's approach to how the Court should interpret the Constitution.
What part does history play with the public? Does the public believe that the Justices have historical qualifications that can be relied upon rather than professional historians? Drakeman doesn't address this in any detail. I do not fault Drakeman as his focus is upon what the public expects from the Court's decisions. The public may not be aware of the travails of "law office history." How important should reliable history be? Might the public accept "Humpty-Dumpty" styled history?
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but I would say it has survived subsequent review more as a matter of very careful selective enforcement, than legal solidity. They've hardly enforced it at all, for fear of generating a good test case.
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Books by Balkinization Bloggers
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
Balkin.com homepage
Cultural Software
The Information Society Project
Useful Links
Syllabi and Exams


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I was tagged by one of my favourite people (even though I've never actually met her), Leese from A Life of Domestic Bliss.
This one is actually a little meme and award rolled into one. It's called the Liebster Award and it's all about promoting bloggers with less than 200 followers.
|Max & Sean
Five Facts You May Not Know About Me.
1. I try to be a nice person, & I often come across as quiet or shy when you first meet me. But when it comes to protecting my family I can be so fierce that it scares me. About the only time I'll ever get into a fight is if a person says or does something that upsets someone I love.
2. I am really messy. And I hate it. It's one of those things that I am continuously trying to change about myself.
3. I dream about finding a way to earn a living from being creative, but haven't found a way yet.
4. When I was 20 I managed to conquer a 2 year long drug addiction. That was something that I used to be so ashamed of and considered one of my darkest secrets. But as I get older and happier I've started to realise that I'm grateful for anything that has shaped my life and brought me to where I am now.
5. I often ask for power tools for my birthday and Christmas, but am yet to receive any.
So there you have it, some things you probably didn't know about me.
It's my turn to pass the award on to 5 fabulous bloggers with less than 200 followers. I hope you'll check these guys out, they are definitely worth getting to know.
1. Melody at Big Little Sister
2. Kristin at Pritty Tings
3. Girl Friday for Hire
4. Brittany from Knewly Wifed
5. Whitney at The Curtis Casa


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Tuesday, 19 March 2013
March Newsletter
Friends of Duck Egg
I hope you are all well and enjoying the ever changing weather at the moment.
We have some exciting news and have been flat out on a number of projects and meeting more and more inspirational people to collaborate on the Duck Egg Designs adventure. One of the most enjoyable projects was sourcing all the furniture, mirrors, lighting and little trinkets for a gorgeous couple in Battersea. It was a full on project with a sharp deadline but the couple contacted us through a recommendation on twitter and loved our style so gave us a budget and we were off sourcing beautiful items from all over the country and adding special finishing touches to a few to make sure it all worked beautifully with their new home. Through our contacts we saved them a huge amount of money and time rather than them going down more traditional methods. We love working closely with people and know how important every home is!
So what's new?
SO MUCH!! We have launched our Poster Prints Range and we couldn't be happier. Below are a few examples:
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All posters start at £14 for A3 and £18 for A2. All posters can be personalised to the colours and shades you want to ensure it goes perfectly with you interior spaces. To see the complete range then go to: http://duckeggdesigns.com/Duck-Egg-Designs-Poster-Prints
We also have produced our first bespoke piece of kitchen furniture which can be painted to the colour of your choice and handmade by our trusted team of highly skilled craftsmen. We haven't even had time to put it on the website yet but just for you is a first look at the Butchers Block.
For more information on the sizes and cost of the Butchers Block then please contact us on email@example.com
We are busy in the workshop creating more products and very excited about commencing on our long awaited Summerhouse / Shed Project which we will update via our blog, twitter account (@duck_egg) and facebook (search for Duck Egg)!
As always thank you all for the support and spreading the word, we love your input and feedback on all the projects and have started doing more and more one offs for our friends (you guys!).
Looking forward to catching up again soon!
Don't forget our Book Club!
Click here to visit the Book Club
Take care
Ellie x
Team Duck Egg
More Information Here
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WASHINGTON — Herman Melville's Moby Dick is either -- readers differ -- a great novel about God or a boring treatise about whaling. But Chapter 89 is about law and is relevant to the question of why today's Supreme Court, which does not suffer in silence, suffers from an onerous workload.
Last week the court chewed yet again on the First Amendment's Establishment Clause, that simple injunction (''Congress shall make no law respecting an establishment of religion . . .'') which the court has contrived to make absurdly complicated.


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Fans are calling its new to COD series, fanboys are saying Call Of Duty: Advanced Warfare is innovative.
I have been really receiving hate messages because someone had edited my article. I dont really read them once I have published them so no hard feelings this time and enjoy. I have wrote the stuff about the game-changers (or non-innovative) stuff in this article. Not really interested in naming the guy who edited it. I have just turned it back to normal and its better now. There as no shamelessly ripped off kinda thing in the one I wrote and it didnt had an introduction too.
Calling it innovative just makes me wanna laugh.
1. Exoskeleton – I just looked at it and said Now thats something innovative and.wait a sec, its from Elysium. Its not like there are no real exoskeletons in life but Elysium had them. Exoskeletons increased the speed and strength of Damon in the game so he can fight his weakness. It can be found in real life too so nothing innovative here.
COD Advanced Warfare Exosceleton 3
Back Next Picture 3 of 3
2. The Mech Suit – Calling it a game-changer is fine but calling it innovative sounds bad. Its such a nice one and looking forward to it.
3. IR grenades – Arma III is one of the most popular video games and included these. The same is with the new COD.
4. Deployable cover – Oh, so you think something like this would help in a hectic battlefield? Its new? It was also used in Halo 3. Ok, something like this would surely be cool but they are showing it like something totally new.
5. New Drones – People are calling it NEW DRONES but drones have appeared in COD series in most of the games. So the drone is gonna be with you. Last time it was a dog, maybe they needed some more tech. Ghost Recon Future Soldier also had it. CODs new drones are a bit different though. Still, cant call them innovative.
6. Invisibility – Ok, it may be something new to the COD series but is it new to Ghost Recon series? No, invisibility was one of the best things of Ghost Recon.
7. Wall Climbing – Its also something new to Call Of Duty series but many games already had it. See, I dont hate the game but mech suits, exoskeletons and everything shown in the game are not really innovative, calling them game-changers would be better.


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About halfway throughnthe below 28-minute video interview with Thandie Newton, on The Ayo Show, uploaded to YouTube about a week ago, Newton is asked whether she'd like to be on the other side of the camera, as a director.
And here's what she said in response:
"I'm writing now… I'm adapting a book that I love… set in Oakland and Brooklyn in the 1960s USA… so it's the Black Panthers, Civil Rights…"
Of course my antennae shut up… always looking for a scoop!
Unfortunately, she doesn't give anymore than that (I kept hoping she'd reveal the book title, but she doesn't); so, of course, I had to run through the library in my mind, trying to figure out what book this might be. And, well, the clues she's given are far too broad to come up with a short list – set in 1960s USA (Oakland & Brooklyn specifically), and centered around the Black Panthers and movement towards Civil Rights.
How many books fit that description?
I suppose we could assume that she may be adapting the book for herself to star in, and if so, then we can further narrow down the list to books (fiction and non-fiction) set in that time period as the story's backdrop, with a black woman at the center of the narrative. Assuming of course…
Still… even though I certainly haven't read every book, I don't think I'm going out on a limb when I say that the list is long.
I'll let you guys come up with your own guesses.
You can watch the full interview below; she talks about her background, acting, personal non-film related projects, and more. The part where the above quote was lifted starts around the 13-minute mark.
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Month: October 2014
Review & Giveaway – The Collectors' Society by Heather Lyons
This book completely blew me away! I knew that it was a retelling of some sort based on Alice in Wonderland, but that was about all I knew when I started reading. Well, what I discovered was a book that was completely unique and compelling in so many more ways than I can even begin to explain – I LOVED it! It's hard for me to review this book properly because I SO don't want to give too much away. There were so many delightful surprises, and I loved discovering them all along the way. So, I'll do my best to sum up why I loved the book without giving away details. What I LOVED: Crazy-strong heroine. Alice is all grown up, and she's no pushover. She's seen a few (million) things, and let's just say her experiences have left their mark. Alice can take care of herself – and she doesn't… Read more »
Top Ten Books to Read for Halloween
Today's Top Ten Tuesday is: Top Ten Books to Read for Halloween These are my top ten horror-related books. I don't usually read pure horror, but lately I've gotten into zombie books (and I've always loved books about witches and vampires). There are so many good ones! Trial by Fire by Josephine Angelini – Loved this book, and it involves witches – perfect Halloween reading! The Hallowed Ones by Laura Bickle – Zombies combined with Amish characters and an Amish setting! How crazy (and fun!) is that?! Broken World by Kate L. Mary – This self-pubbed zombie book is a true gem!! Warm Bodies by Isaac Marion – Actually, watch the movie too. This is one of the few cases where I felt like the movie may have outshone the book! It by Stephen King – I read this one as a teenager and I remember it scared the bejeezus out of me!… Read more »
ARC Review & Giveaway – Bloodrealms by Aurora Whittet
***This review is for book #2 in the series and may contain spoilers for the first book. Check out my review of Bloodmark HERE and scroll down for a chance to win it!*** This second installment of The Bloodmark Saga is even more intense and exciting than the first! In this book, Ashling is dreading the day that Grey has to fight her other three suitors for her hand in marriage. She knows who she wants (kind of – there is some wavering, but I'll talk about that later), but she feels powerless in a werewolf society where she has no power, despite the fact that she is prophesied to lead. Meanwhile, Ashling is also still trying to emotionally recover from Adomnan's attack. She doesn't know if she feels strong enough to rule her own life, much less her pack's – but when the stakes are highest, she finds the strength… Read more »
Release Day Review & Giveaway – Stan by C.J. Duggan
***This review is for book #1.5 in the series, but doesn't really contain any spoilers for the first book. Check out my reviews of the other books that have been released so far: The Boys of Summer An Endless Summer That One Summer Ringer*** I so adore this series. I don't know what about it captures my heart – the Australian setting, the 90's vibe (I was these characters' age during this same time period, so I definitely relate), the sweet and lovable characters with incredible chemistry – probably a combination of all of these! When I saw that Stan was coming out, I was chomping at the bit to get it, and I was not disappointed! Loved it, just like the rest of the books! What I LOVED: A satisfying novella. I tend to get done with a novella and feel like I didn't quite get to know the characters well enough, simply because… Read more »
Sunday Post & Giveaways Galore – 10/26/14
The Sunday Post is a weekly meme hosted by Kimba @ Caffeinated Book Reviewer ~ It's a chance to share news~ A post to recap the past week on my blog and share news about what's coming up in the week ahead. Last week on FYFA: This past week I was a bit scarce because I got sick, and spent a few days feeling miserable with a sore throat and fever! On the positive side, I got a lot of reading done since I spent one of the days basically in bed all day! There's a bright side to everything, right? Here's what you may have missed last week: Fierce Reads Tour (recap & giveaway) Stone Cold Touch by Jennifer L. Armentrout (review) Let's Discuss – Are the Number of Followers You Have Important to You? Stan by C.J. Duggan (release day review & giveaway) – This post is actually going… Read more »
Let's Discuss – Are the Number of Followers You Have Important to You?
I've been thinking about this topic a lot lately and considering writing a post about it. Then I saw that Ashley over at NoseGraze posted a discussion about Why "Follow Backs" Are Pointless and it inspired me even more. Ashley made some great points, but I actually don't agree with her overall message – that soliciting followers is always a bad thing. I honestly think that, especially for newer blogs, follow backs are the best way to get your name and your brand out there – for people to know you exist and to stick with you. But what does your number of followers really mean? Is there such a thing as too many? Too few? What are the best ways to get them (and keep them)? I have over 2000 Bloglovin' followers, but that doesn't mean that over 2000 people are looking at all of my posts. (I wish!) So, does… Read more »
Release Day Review – Stone Cold Touch by Jennifer L. Armentrout
***This review is for book #2 in the series, and may contain spoilers for the first book. Check out my review White Hot Kiss HERE.*** I SO love this series, and I don't know if I can stand waiting until book #3 to find out how it all ends! I can't believe that Armentrout is allowing her fans to choose who Layla is going to end up with. It's crazy and unprecedented and all sorts of awesome!! (Scroll down to read more about voting for Roth or Zayne!) In this second book in The Dark Elements trilogy, Layla is mourning after what happened with Roth at the end of White Hot Kiss. So, she's not really expecting to fall for Zayne. But when Roth shows back up and tells her that everything they shared meant nothing to him, she turns to the one person who's always been there for her. Meanwhile,… Read more »
Fierce Reads Tour Recap & Giveaway – With Marissa Meyer, Nikki Kelly, Gennifer Albin & Jessica Brody
On October 10th, I headed out to the Arlington Heights Public Library to the Fierce Reads tour. This tour was incredible because the authors were obviously just having SO much fun! I thought I'd share a few highlights and pictures: Just look at that awesome cake (the picture up at the top). Isn't it fun?! Gennifer Albin is bloodthirsty. And hilarious. She had me laughing the whole time. One example: apparently, she is constantly thinking about how she could die in any circumstance (things like, "If that beam right there suddenly broke, it would take my head off."). Yep, just a little crazy! Marissa Meyer talked about how she came up with the idea for Cinder because she had a Cinderella dream where the girl's whole foot fell off instead of just her shoe. She immediately thought, "She's a cyborg!" Jessica Brody was inspired to write Unremembered when she read about… Read more »
Sunday Post & Giveaways Galore – 10/19/14
The Sunday Post is a weekly meme hosted by Kimba @ Caffeinated Book Reviewer ~ It's a chance to share news~ A post to recap the past week on my blog and share news about what's coming up in the week ahead. Last week on FYFA: I've been feeling a bit overwhelmed lately with editing and blogging. I actually haven't had all that much time to read, which doesn't happen too often. But I love editing, so it's all good! Here's what you may have missed last week: Invisible by Dawn Metcalf (review & giveaway) – Still time to enter to win a paperback ARC! Let's Discuss – Pride & Prejudice Next Steps: Need Your Advice! Follow Me Home by Monica Goulet (excerpt & giveaway) – Still time to enter to win a gift card! The Donor by Nikki Rae – (cover reveal & giveaway) – Still time to enter to win a signed paperback! Lost in… Read more »


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This was unexpected. It seems that Depeche Mode co-founder Vince Clare, who left the band 30 years ago to for Yazoo and then Erasure, phone fellow DM compatriot Martin Gore earlier this year to form the project VCMG. A new EP is imminent, with an album to follow
From the press release:
"After 30 years working their retrospective ongoing music projects Vince Clarke (Erasure / Yazoo / Depeche Mode) and Martin L.Gore (Depeche Mode) come together for the first time since 1991 as VCMG to release a brand new album preceded by a series of EPs.
VCMG is the fruit of initially tentative discussion and subsequent enthused collaboration where Vince and Martin, both influential as pioneers in electronic music, get to exercise their lifelong love of the genre as the techno inspired VCMG.
As Vince explains: "I've been getting into and listening to a lot of minimal dance music and I got really intrigued by all the sounds… I realised I needed a collaborator… so it occurred to me to talk to Martin."
Says Gore: "Out of the blue I got an e-mail from Vince just saying, 'I'm interested in making a techno album. Are you interested in collaborating?' This was maybe a year ago. He said, 'No pressure, no deadlines,' so I said, 'OK'."
The writing and recording of the album was done in a typically unique way with the pair working alone in their respective studios, communicating only via email, exchanging files until the album was ready. It was in May 2011 that the pair met for the first time to discuss the project when they both performed at Short Circuit presents Mute festival in London.
The album (title to be announced soon) was produced by Vince Clarke and Martin L. Gore and mixed by the influential Californian electronic artist Überzone / Q and will be released in early 2012.
The first release is an EP entitled Spock. EP1 / SPOCK will feature remixes from Edit-Select, aka Tony Scott, the UK DJ / producer and founder of EditSelect Records whose previous remix credits include Speedy J, Death In Vegas and Gary Beck; Regis, British techno musician Karl O'Connor, member of the Sandwell District collective and co-founder of Downwards Records); Zak aka DVS1, founder of Hush Records and one of the most prominent figures in US dance music counts techno innovator Derrick May amongst his biggest fans, with his second ever release on May's own Transmat plus XOQ, the alter ego of Überzone / Q, who mixed the VCMG album.
EP1/SPOCK will be available initially as a global exclusive on Beatport on November 30th, and then on all DSPs December 13th 2011."


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The Halloween Hip-Hop Resurrection w/ Marcc Rose performing LIVE AS 2PAC
9:00 pm
LCU Nightlife, Access Events and New Era Promotions present one of the best seasonal parties in the state; Halloween Hip-Hop Resurrection (Friday, October 30th)!
Come party among the sexiest costumes and killer Hip-Hop tunes for a night that youre bound to remember! We are filling two rooms of the Caprice Nightclub (967 Granville Street) with five incredible DJs thatll keep your booties shakin all through the night!
Featuring Deluxe Fridays DJs Stimulant J, Rashad Rawkus, J-traxx, Floetic and special guest to be announced!
Weve got prizes stacked for the best costumes in the house!
Get your costume ideas brewing and snag your tickets to party w/us at Caprice this Halloween. Early bird tickets start at only $10 but will go quickly get them HERE now.
See you at Caprice Nightclub for the best Halloween party in Vancouver!
Starting from


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This month at Ruby Rock-It, we were asked to do something a little different with our project. We were asked to create a mood board showing some of the things that are most important to us. To do this without over cluttering my page, I have printed them out a little smaller than usual. I also converted them all to black and white since the photos are from all different times and places. This allowed me to create a cohesive set of photos.
I have included a photo of the kids from our recent travels to Hawaii, the most recent cake I made for my daughter's birthday, an apple image to represent my teaching career, plus a pic from my scrapbook work and teaching.
To create my project, I have used some of the brand new papers and embellishments from the newly released wedding ranges. I used the champagne background stamp with embossing powder along with dimensional paint to create a textured effect.
I fussy cut floral sections from patterned paper to create embellishments. I added to these with fussy cut feathers from paper, and some wood veneer feathers embossed with metallics.
To finish off I added some of the new pearl flourishes. I cut them into smaller sections and tucked them into the floral clusters.
Supplies used:
Bella! Raw and rustic paper collection
Bella! Bling Vintage flourish
Fundamentals wood veneers FUN82
Bella! Champagne background stamp


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Food safety attorney Bill Marler sent a shout out to California Senate Majority Leader Dean Florez (D-Shafter) for two pieces of legislation he's proposed. One would phase out the use of non-therapeutic antibiotics on food animals beginning with meat destined for school lunches. The other would require producers to report positive tests "for any food-borne illness to the California Department of Public Health and maintain records of all testing for two years". In addition, the CDPH would be given the authority to issue mandatory recalls.
Posts Tagged 'Dean Florez'
Marler shouts outJune 4, 2009


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You might have tried some of our other apple desserts (like our Apple Pie or Apple Pie Bites!) but you can never have too many delicious fall apple treats! Give this Healthy Apple Crisp a try! It can easily be made gluten-free as well!
Apple Crisp
- 2 organic apples, peeled and sliced
- 1/4 cup gluten free oat flour
- 1/2 cup gluten free rolled oats
- 2 Tbsp coconut oil, melted
- 2 Tbsp honey
- 1/4-1/2 tsp cinnamon
- 1/8 tsp nutmeg
- pinch of sea salt
- Preheat oven to 375 degrees.
- Melt coconut oil in the microwave. Mix with honey.
- Mix together apples, 1 Tbsp of oil/honey mixture, and 2 Tbsp of oat flour.
- Place covered apples in the bottom of the pan.
- Mix the rest of the ingredients together and spread on top of the apples.
- Bake for 30-40 minutes.


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5 Design Trends from 'American Hustle'
Here's a look at 5 interesting home design and decor trends from American Hustle to keep an eye out for in 2014:
To many Hollywood insiders, the race for the "Best Picture" award for this year's Academy Awards has come down to '12 Years a Slave' and the 10 time nominated film, 'American Hustle'. Centered around the 1978 "Abscam" scandal, the film features a world class cast set in a perfectly recreated late 1970s landscape – colorful shirts, perms, velour couches and all.
As is usually the case with all things design, we seem to revisit the past often and use it as inspiration for the clothes we wear and furniture we buy. Over the better part of the last 7-8 years, our obsession with 1960s vintage fashion, music and home decor has dominated the American aesthetic. As the 1960s craze tapers off a bit, the colorful and diverse palette of the 1970s has begun to creep its way into design and the wildly popular and superbly art directed 'American Hustle' has only fanned those flames.
Here's a look at 5 interesting home design and decor trends from American Hustle to keep an eye out for in 2014:
The set designer of 'American Hustle' attempted to highlight "Rosalyn's" over-the-top personality by designing a home for her with an equally bold aesthetic that still felt real. While you'd be hard pressed to find a home with such bold decor choices in it; the patterned wallpaper is a trend we've seen in more and more homes hitting the market. Take a look at this $925,000 home in Pine Township, PA that highlights the return of this oft forgotten trend.
Amy Adams' character is less rooted in the more blue collar design trends of the 1970s and instead opted for more clean and timeless choices in her home. While her NYC apartment is dominated by stunning oak floors and white sofas, she wasn't afraid to add spice to her spaces by adding bright pops of color. Of all the trends from the 70s that have begun to make a comeback, bright color choices is the one catching on in a big way. Take a look at this stunning $3,950,000 estate in Bainbridge Island, WA for a spot on example.
Carpeted floors seem to have gotten a bad wrap over the past decade or so for being hard to clean and easy to dirty. With that being said, they are pretty comfortable to walk on and they do add a certain warmth and coziness to a room that's hard to get with solid wood floors. Carpet aficionados fear not, it appears as if there may be a comeback imminent! Take a look at this stunning $3,395,000 home in Minnetonka, MN for an example of the the resurgence of carpet!
You can't have a discussion on home decor from the 1970s without bringing up warm woods and the color brown! According to The Decor Lounge, the usage of modern and warm woods and browns "was impacted by the continuing inspiration of Space Age technologies and the availability of new materials." Wood floors have been "a thing" for a long time but the confluence of clean lined wood and browns all together in one room have been seldom seen until recently. Take a look at this $5.5 million waterfront home in Edgewater, MD for a great example.
While all white subway tiles have had their heyday as of late in the design world, colored and patterned tiles (especially in bathrooms) are a trend to keep an eye out for in 2014. This bathroom from the club scene in American Hustle depicts a bold dark look with three distinct patterns on the floor and walls. While this multi-layered approach to tile work may seem a bit strong, we've begun to see scaled down versions of this look and even more jaw dropping uses of colored tiles in bathrooms. Take a look at this truly unique $17 million estate in Weston, MA for an example of out of this world tiling.
Well there's a look at the top 5 1970s inspired design and decor trends from 'American Hustle'. As you can see from the various listings you can find on coldwellbanker.com, it seems as if the 70s are indeed coming back. Be sure to tune in to the Oscars this coming Sunday for a look at the debut of our "Your Home" ad.


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Hotel HG La Molina
Pista Llarga de la Molina, 17537 La Molina-Alp, Spanje.
HG La Molina hotel is situated at the foot of the ski slopes of La Molina ski resort, next to Pista Larga. As well as for its convenient position for the practice of Winter sports, la Cerdanya (Province) at only 120 km from Barcelona, offers countless possibilities for its visit all year round. HG La Molina has 65 units, (large rooms for 5 people and junior suites for 3 people), all of them fully equipped with a modern and friendly decoration. Besides, it has excellent views overlooking La Cerdanya Valley and the ski resort. The hotel offers restaurant-carvery, bar cafeteria, gardens with solarium and swimming pool, spa area HG Wellness Center (with extra charge) with pool, massage parlour, thermal circuit with multithermal showers, games room with internet, childrens miniclub, parking, access for disabled guests, daily cleaning service, launderette, conference room, ski storage.
WiFi is gratis aanwezig.
Betalende overdekte parking aan het hotel (15.00 €).
Bergen, Centrum.
Gelieve het hotel te contacteren voor de annulatievoorwaarden.
Kinderen minder dan 2 jaar oud: gratis.
Huisdieren zijn niet toegelaten.
Visa, Mastercard.


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Drug-Free Is The Way To Be—On the morning of May 21, fifth graders at The Wardlaw-Hartridge School in Edison were awarded certificates and t-shirts from Edison Police Officer Michael Gurovich and their teachers Nicole Nolan and Debbie Kendall, marking their graduation from the D.A.R.E. (Drug Abuse Resistance Program). As part of their training, students were required to write essays detailing why it is important to avoid the dangers of drug and alcohol abuse. Gurovich selected four essays that truly expressed the D.A.R.E. mission and read them aloud during the ceremony as the essay winners looked on proudly. Pictured above, Briana Crawley of Rahway, one of the essay winners, receives her certificate from Officer Gurovich. Briana is the daughter of Mr. and Mrs. Adeyinka Ojo of Rahway. Photo by Kathy Meier
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Newly-crowned national champion Scott Beaumont continued his perfect weekend of racing to claim victory in the HSBC UK | National 4X Series at Falmouth.
Beaumont continued where he left off on Saturday by winning all his races and remaining unbeaten for the whole weekend in Round 6 of the National Series.
Despite just turning 40, Beaumont showed his class and experience at the Falmouth 4X track, admitting afterwards the weekend's excursions had gone ever better than he anticipated.
"I'm really buzzing," said Beaumont. "I had goals coming into the weekend, like everyone, but I didn't expect to hit them all, it's been great."
Racing in the Men's Elite motos was fiercely contested with riders going hard and taking more chances, with constant attacks and position changes being the features as riders fought for points and places in the finals.
The Men's Elite Final saw Beaumont (USN Racing), Will Evans (Orange), Alex Metcalfe and Declan Willicombe (Kustom Bikes) go head to head for the honours, and it was Beaumont who rode another perfectly executed race, leading from the gate and taking top place on the podium.
In the women's race, Megan Wherry (Dialled Bikes/Katy Curd Coaching/Unit Cycles), sealed victory by beating off strong competition to add to her third place in the previous day's national championships.
It proved a successful weekend for the talented Wherry, who finished ahead of Courtney Abbess in second and Anna Feichtner in third.
Afterwards she acknowledged the support and encouragement of her team, who convinced her to take the more challenging but faster 'pro line' route on the track.
"The strategy paid off," she said. "I got off to a strong start, which meant I could focus on my lines, the 'pro line' then gave me the advantage I needed and I was able to extend my lead to the finish."


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It has a very logical and elegant derivation; the ratio of height to width is 1 : √2, which is why two A4 sheets next to each other make an A3 sheet that has the same aspect ratio: 1 + 1 : √2 = 2 : √2 = √2 : 1
Given that √2 is irrational, at least one of the sides will always be irrational, so it was decided to standardise the area of A0 to be 1 m2. The inevitable irrational values for the height and width are then rounded to the nearest millimeter.
I take odd comfort from the aspect ratio being mathematical, as there is a good chance that it has been discovered by other civilisations across the cosmos.


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Charles Morgan
Head of Strategy & Accounts, HelloSocial
Charles Morgan is the Head of Strategy and Accounts at Hello Social. Starting his career in the USA on electronics and beer accounts, his love for advertising has been entrenched since day one. He prides himself on the data-driven decision making that has helped clients like Domino's, Caterpillar, Makita and Microsoft reach their business objectives across all digital touch-points. He is a fan of artificial intelligence and deep house music. This week you will find him building a glitter-bomb drone.
Previously (2):
Mashable Social Media Day: GA + Tumblr + Youngbloods' Guide to Social Media
Mashable's Social Media Day
Grow Your Business With Snapchat
This class is designed to provide new and existing Snapchat users with best practices, strategies and actionable steps to begin leveraging Snapchat for their business.


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Watch parties, covfefe cocktails planned for Comey testimony - NY Daily Newshttp://www.nydailynews.com/news/national/watch-parties-covfefe-cocktails-planned-comey-testimony-article-1.3229384
Jim Comey TV 10 am are we getting closer to seeing Trump fired?
Today is James Comey's big day, as the former F.B.I. director is to testify before the Senate Intelligence Committee about his interactions with President Trump. Here's how we're following the story, which has seized attention in Washington and beyond:
Sent from my iPhone


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The weather has been awful for months and everything is backing up in the greenhouse. Thankfully next week is looking promising and I will be planting some more stuff into the ground (with fleece on standby).
This week I sowed beetroot, spinach, four rows of various varieties of lettuce, coriander, flat leaf and curly parsley.
I rescued these wee tomato plants from the supermarket, they were in one of those mini cell trays on the right of the photo and looking very sad (one cell had two plants, bonus :). The nice man in the produce department reduced them to £1 for me, I pinched out the dead leaves and gave them a good drink before potting them on. They don't look too bad now but only time will tell.
I potted on the celeriac, some of the seedlings were still very tiny but I think they handled the upheaval well, no broken stems like the brassicas
I harvested my first crop today, cut a few rocket leaves from the mixed salad box for my sandwiches, it made me realise why I do all this work rather than buy a bag from the supermarket. The taste was second to none, it's hard to describe.
I found this wee seed head amongst the pansies and thought I'd have a go at saving them for replanting.
There were about 30 seeds inside the pod and they are now drying on some paper towel.


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9" (229mm) x 27"(686mm) x 8" (203mm) Surface style extinguisher cabinet constructed in 16 gauge Cold Rolled Steel. Interior and exterior are treated with our exclusive WILCO "PRO-TECH" Premiere prime coating system. The door is fitted with 3/16" (5mm) clear glass, stainless steel concealed latch and reinforced piano hinges.
OPTIONS FOR GLASS: 1/4" (6mm) Doulite, Lexan or Georgian Wire
A = 9" (229mm)
B = 27" (686mm)
C = 8" (203mm
Wilson & Cousins, IE10S, is a surface 9"x27"x8" (229mm x 675mm x 203mm) type extinguisher cabinet constructed of 16 gauge Cold Rolled Steel. Cabinet has a deep prime coat painted steel with a full length piano hinge, stainless steel concealed latch and 3/16" (5mm) clear glass.


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I went along to the local Model and Hobby show today, just a small gathering of various hobbies. A lot of model train displays along with various other hobbies such as model boats, old school collections of toys, the usual model planes and tanks etc. Stamp collectors and rock collectors. There were some awesome displays of Meccano.
There were also a couple of stands doing 3D printing which was interesting. Once crowd had some impressive sculpts printed out. From the quality of the print outs they have come along way in the past couple of years. Looking at it the time input required for running your own 3D system and getting your moneys worth out of it, it would destroy what precious little gaming time I have , so it still doesn't seem to be an option for me. I would definitely get into it if .. when the costs come down further... or I win lotto.
I picked up some "Noch" tree's for HO scale trains that will make a nice addition to my Japanese theme gaming board along with some more "MiniNatur" maple foliage for various projects.
31 May 2014
Model and Hobby Show
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Urban Ghosts has been featured on and linked to by international news websites including Mail Online, Le Monde and the Huffington Post, as well as major online publishers such as Foreign Policy Magazine, Gawker Media (Gawker, Gizmodo and io9), Boing Boing, Mental Floss, Neatorama, Environmental Graffiti, Dark Roasted Blend, Daily Grail, Twisted Sifter, and The Presurfer.
Our articles have been voted to the front page of social news platforms including Reddit, Digg and Metafilter. Urban Ghosts was also voted Travel Blog of the Week by Technorati (April 2013) and came second in Technorati's Top 5 Travel Blogs.
In January 2013 Urban Ghosts founder Tom Moran spoke for an hour with Bill Leff of Radio 720 WGN, the Voice of Chicago (listen to the interview here). Tom is also a contributing blogger at HuffPost Travel.


text: EIC Codes An EIC code is needed to exchange data on the energy market. You can apply for your code here or consult the list of codes that have already been allocated. What is an EIC code? To ensure efficient electronic exchanges of data on the European energy market, a uniform identification system is required. To this end, the European Network of Transmission System Operators for Electricity (ENTSO-E) has developed a coding scheme called the Energy Identification Coding (EIC) scheme. The EIC is only a coding scheme and does not grant the right or authorisation to trade energy. Allocation of an EIC code to a market participant The allocation process consists of three steps: submission of the application by the market participant: a market participant applies to the LIO (Local Issuing Office) for a local or international EIC; validation and allocation: the LIO validates the details of the market participant and allocates the code; verification and integration: the LIO publishes the allocated EIC code on the relevant page of its website; if the code is an international EIC code, the CIO (Central Issuing Office) checks the EIC code and incorporates it into the central registry. The same steps apply when changing an EIC code or having it removed. Applying for an EIC code Elia is the issuing office for Belgium and is therefore authorised to issue EIC codes. These codes are unique, so market participants that already have an EIC code do not need to apply to Elia for another one. If you do not have a code yet, then you can apply for one by completing this form. Share


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Throughout the ages, people have withdrawn to the wilderness, to take time out for personal growth, training and reflection.
The outdoors provides time and experiences to grow meaningful relationships between the students, as well as with staff. It is in these relationships, based on mutual respect, trust and aroha, that true learning and growth can occur.
The purpose of the outdoor activities is to provide a means to experience learning moments and be coached through these. Instructors use an apprenticeship style of teaching, where they walk the journey beside the students and help each individual to grow, in whatever they are experiencing right then. Often these smaller experiences mirror bigger moments in 'the real world,' however, these outdoor moments are an easier size to experience, reflect, grow and experience again with a new level of skill and awareness.
There is a wide range of different outdoor activities and each has its own, built-in learning opportunities. Rock-climbing, for example, is good for developing trust and confidence, but camp-site skills encourage greater teamwork. It is hoped that each boy will find an activity that challenges something in him, and an activity, at which he truly thrives.
As the year progresses and boys develop more skills, they will have the opportunity to take more of a leadership role and decide the direction and focus of their voyages. The staff will step back into support or participant roles, as the students cast off onto their own adventures and journeys.


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Its a lovely silk saree with unique color combination, light bottle Green with Gold border. While giving this my sister warned me many times not to spoil this saree.
In spite of all her warning I spoiled this. I tried with machine embroidery. At that time I had not learned the machine embroidery properly. Uhh look at my guts. The result was as below, very bad very bad!


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Using GreenShot and Imgur.com to post images into the chat area.
Sunday, February 3, 2013 at 8:47AM
To post an image into the chat room it needs to be hosted somewhere on the web.
Any URL that you paste into the chat that ends in a image file like JPG, PNG, GIF will render the image into the chat. Pasting "http://rr-corner.squarespace.com/storage/post-images/Heiken%20Ashi%20eg.png" gets this image from this web site.
To do this some people are using Jing or other software to clip their screenshots and post them to a web host then get the image link and paste it into the chat window. I was also using Jing to post into the chat window but I always thought that Jing got to much in the way of other things. For most of my image clippings I use GreenShot, a clipping program that I like much better, for most everything else that I needed to grab an image for. It was already a good screenclipping tool with a simple image editor but with a new update for GreenShot it added a new feature to pass the image to other programs and to a internet hosting site called Imgur. When you send an image to Imgur it also puts the URL in the clipboard so you can just paste it into the chat room. So once you have it set up this is about as easy as it gets. And Imgur is a free image hosting site so that makes this whole solution free.
The way I have it setup is I press the PrtSc button on my keyboard to start and then draw rectangle around an area I want for an image.
One nice thing is that GreenShot tells you the size of the image as you select it. Some chats are picky about size.
Pick one corner and drag the crosshairs to the other corner to create a rectangle around the image area you want to capture.
Under Preferences you can set the destination for the image. If you have the destination set to "Select destination Dymanically", the default, then when you release the mouse button you will get a menu box with many options for what you may want to do next. Or you can set the destination to go straight to Imgur and the image will be sent to Imgur and you can then just paste it into the chat room.
If all you want to do is paste images into this chat room you can set the destination to the "Upload to Imgur" option or set it to "Open in image editor" and you can add text or draw arrows, circles, rectangles to say more with your picture. Once you have the image ready you just hit the Imgur icon at the top of the editor window and you are ready to paste the link again into the chat room.
You might have to set it up the first time but once setup it is seamless.
I have not tried all of the options yet but I know that Box, Dropbox and Picasa don't work as well as they don't store the file with a normal link extension so they will not render in the chat room.
If you have any questions or comments or suggestions for other screen clippers please use the comment section below.
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