Tuesday morning links

RE Legal fun: Who owns the right of way for The High Line?

New York does. The express terms of the easement are very broad. Where the language of a grant (or contract,or statute, or rule) is clear, courts won't interpret the meaning. New York cases cited in the published opinion say as much. There's no need for certification.

The Cato brief is inept, and that legal intern (who probably wrote it) did a horrible job.

Whine about creeping federal takeover at your peril.

#1 von Funkenberg on 2016-05-10 10:07 (Reply)

Re: Scripps, Canadian judge, Vanity Fair, Salsa etc.

This is obviously a reaction to the hegemony of the white heteronormative patriarchy. The obvious solution is to replace it with the black homonormative matriarchy.

#2 mudbug on 2016-05-10 10:11 (Reply)

"From The Nation: Note to Exxon: Lying About Climate Change Isn’t Free Speech—It’s Fraud"

"Obama White House showed ‘bad faith’ in global-warming case, judge rules"

So the Obama White House is committing fraud?

#3 JK Brown on 2016-05-10 10:27 (Reply)

Disagreeing/presenting one's own side of the case = lying.
Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiight.

Actual lying would be fraud.

#3.1 Sam L. on 2016-05-10 14:43 (Reply)

"So the Obama White House is committing fraud?"
Huh!

Imagine that.

Huh.

#3.2 Jeffersonian on 2016-05-11 04:05 (Reply)

"US Army Has Fewest Active-Duty Soldiers Since 1940, Report Says"

Well, that is actually a good thing. We were never suppose to have a large standing army.

#4 JK Brown on 2016-05-10 10:28 (Reply)

Sure, totally correct. We weren't meant to have a standing army. So we can definitely make do with a lot smaller force. Our spies abroad in London, Paris and the Levant will notice if an enemy starts building ships and send word. And in any case, the enemy will have to wait for fair winds and decent weather before they can sally forth and use the trade winds to sail to the US and mount an expedition against us. This will give Washington the time it needs to summon Congress, declare war, and send out horseback riders to every state, asking the respective governors to consider convening a militia to provide for the common defense...

#4.1 Joe Blow on 2016-05-10 12:46 (Reply)

... said no one ever who actually walked a post or stood watch.

Not enough wounded warriors for you? Want a big enough army to fight three wars at once? Stick with your World of Warcraft gig.

#4.1.1 von Funkenberg on 2016-05-10 12:55 (Reply)

I googled the figures for population. In 1940 the U.S. had 132 million people. Today we have 324 million people. So that means that, measured by population size, America has 1/3 of the soldiers it had in 1940.

One reason the Japanese attacked us in 1941 was that they had concluded that we were too weak militarily to effectively strike back. And that was true, at the beginning of the war. But this shows we are much weaker today in terms of military strength than we were in 1940.

Yeah I know, the shortfall in manpower is compensated for by military technology. But I am reading articles that both the Russians and the Chinese are catching up and perhaps surpassing us in those areas as well.

One big difference that is occurring is China's project of force throughout Asia, including strengthening claims to disputed island areas.

#4.2 Jim on 2016-05-10 14:16 (Reply)

"The Puritans had nothing against sex "

With an average of 9.7 children per couple in the Massachusetts colony, I'd say not.

But what they didn't like was living single. If found living single you had to join a household or were thrown in jail.

#5 JK Brown on 2016-05-10 10:31 (Reply)

But what they didn't like was living single. If found living single you had to join a household or were thrown in jail.

Not just the Puritans. Knowing that we had a Quaker ancestor from Swarthmore PA who allegedly owned land on which Swarthmore College is located, my father wrote the librarian at Swarthmore College to see if the college library had some information on our ancestors. The librarian wrote back, informing my father that he wasn't supposed to answer such queries but would do so anyway. The local Quaker meeting condemned our ancestors for "adultery," but once they got married, they were welcomed back into the meeting.

#5.1 Gringo on 2016-05-10 11:50 (Reply)

Gringo, JK is referring to something even more radical: not unmarried couples living together, but just you yourself, wanting to go live alone in a little house on the edge of town, no way. Not good for you!

To the larger topic. The Puritans were obsessed about death, whether they were among the elect, and to a lesser extent, time. They were strict about sexual rules, but were open about intimacy and spoke approvingly of it. Sex was believed to "knit the heart of a husband and wife to each other," which is a very nice sentiment.

#5.1.1 Assistant Village Idiot (Link) on 2016-05-10 16:15 (Reply)

Captain America: She's afraid of a character on the screen.
"I pity da fool."

#6 Sam L. on 2016-05-10 14:46 (Reply)

"Lying About Climate Change Isn’t Free Speech—It’s Fraud"

And yet The Nation keeps lying about it...

#7 alanstorm on 2016-05-10 23:01 (Reply)

The purpose of a standing army is to prevent war. If we have a strong modern military it will prevent aggression against us. Because of the power of modern military weapons WW III will probably happen suddenly and be over in days to weeks. That means we will win or lose based on the army we have at that moment. We won't have time or ability to draft millions and build weapons. Clearly it is better to have an army/military power sufficient to prevent aggression AND just as clearly in the event of an attack it is important that we are able to win/survive.

#8 GoneWithTheWind on 2016-05-11 19:45 (Reply)

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Tuesday, May 10. 2016

Tuesday morning links